Ordinance 1253 ORDINANCE NO. 1253
AN ORDINANCE AMENDING ORDINANCE NO. 289,
COMMONLY KNOWN AS THE ''ZONING ORDINANCE
OF MIAMI BEACH, FLORIDA" .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Ordinance No. 289 of the City of Miami Beach,
Florida, be and the same is hereby amended by adding
thereto, immediately after Section 4-B thereof, an additional
section to be known as Section 4-C, and to read as follows :
"SECTION 4-c
USE REGULATIONS
In the 'Hi ' Multiple Family District, no
building or land shall be used and no building
shall hereafter be erected, constructed, re-
constructed or structurally altered which is
designed, arranged or intended to be used or
occupied for any purpose, unless otherwise
provided for, except for one or more of the
following uses :
1. Any use permitted in the 'RDE' Restricted
Multiple Family District .
2. Multiple Family dwellings or apartments
in accord with the area provisions hereinafter
defined, and accessory buildings .
3. Hotels .
4. Hotels consisting of two hundred (200) or more
guest rooms may contain cabarets and the following
service facilities, to wit: Dance studios,
barber shops, beauty shops, dining rooms,
restaurants, coffee shops, tobacco, magazine,
newspaper and drug sundry shops, and valet and
massage service utilities, provided that said
cabaret or service facilities shall be located and
conducted entirely within said hotel building in
such manner that no sign, advertisement or other
appearance or indication of the existence of such
cabaret or service facility, nor any activity of
whatsoever nature connected therewith shall be
visible at any time or in any manner from any
public street, avenue, walk or other public way
and such cabaret and service facility shall not be
accessible to patrons thereof directly from a
public street, avenue, walk or other public thorough-
fare, nor indirectly by means of any vestibule, foyer,
entryway or room unless such vestibule, foyer, entry-
way or room is accessible only from the main entrance
and main lobby of the hotel, as such entrance or
lobby has been designated on plans for the con-
struction or alteration of said hotel building filed
with and approved by the Chief Building Inspector,
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and the door of any emergency exit provided for such
cabaret or service facility shall be identified as such
exit door by words or letters on the interior thereof only,
and such exit shall be kept closed at all times except for
emergency use, and the door shall be so constructed, equipped
and fitted that no entry into such cabaret or service facility
can be obtained by opening it from the exterior thereof; and
provided further that such cabaret or service facility may
be accessible to patrons thereof from a patio, yard, court
or other open area adjoining the hotel building where such
area is enclosed on the side or sides abutting or visible
from a public street, avenue or thoroughfare by an opaque
wall containing no facilities for entrance into such open
area from the exterior of the wall, and any emergency
exit door which may be provided in such wall shall
be identified as such exit by words or letters on the
interior of the exit door only, and such exit door shall
not be visible from any public street, way or thoroughfare,
and such exit door or doors shall be kept closed and locked
at all times except in case of emergency, and shall be so
constructed and equipped that entry into said open area
cannot be obtained through said exit by opening the door
from the exterior thereof; and provided further that
compliance with all requirements, restrictions and con-
ditions herein provided have been certified to by the
Chief Building Inspector and that said requirements,
restrictions and conditions are maintained at all times;
and provided further that proof to the satisfaction of
the City Council of the failure by the owner, manager
or person in control or custody of the cabaret or service
facility or his or its agents or employees to comply with
conditions as hereinabove set forth for the use of said
premises shall be sufficient cause for the revocation by
the City Council of the license or permit theretofore
issued for the said cabaret or service facility or
facilities; and provided further that in addition to the
penalties provided for in this ordinance for the violation
thereof, the City Council may, in its own discretion, upon
the conviction of any person, firm or corporation for the
violation of this provision, revoke the license, or permit
held by the said person, firm or corporation for the
cabaret or service facility herein provided for.
5. Accessory uses for tenants only, provided that where
dining rooms, restaurants, coffee shops and other places
where food or beverages are served, are operated as
accessory uses hereunder, such rooms or places shall be
entered only from within the building in the same manner
and subject to the same requirements, restrictions and
conditions as hereinabove provided for service facilities
in hotels with two hundred (200) or more guest rooms, and
no sign, advertisement or other appearance or indication
of the existence of such accessory use or uses shall be
visible at any time or in any manner from any public
street, avenue, walk or other public way. "
SECTION 2. That Section 5 of Ordinance No. 289 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows :
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"SECTION 5
USE REGULATIONS
MULTIPLE FAMILY DISTRICT
In the 'RE' Multiple Family District, no building or land
shall be used and no building shall hereafter be erected.,
constructed , reconstructed or structurally altered which
is designed, arranged or intended to be used or occupied
for any purpose, unless otherwise provided for, excepting
for one or more of the following uses :
1 . Any use permitted in the 'H1 ' Multiple Family District.
2. Multiple Family dwellings or apartments in accord with
the area provisions hereinafter defined, and accessory
buildings .
3 . Hotels.
4. Hotels consisting of one hundred ( 100) or more guest
rooms may contain cabarets and the following service
facilities, when designed and intended for use solely
and exclusively as an incident to the principal hotel use,
to wit: Dance studios, barber shops, beauty shops, dining
rooms, restaurants, coffee shops, modistes, sale of wearing
apparel, furriers, millinery shops, antique shops, jewelry
stores, gift shops, telegraph stations, florist shops,
fruit shippers, photograph galleries, tobacco, magazine,
newspaper and. drug sundry shops, and valet and massage
service utilities, provided that said cabarets or service
facilities shall be located and conducted entirely within
said hotel building in such manner that no sign, advertise-
ment or other appearance or indication of the existence
of such cabaret or service facility, nor any activity of
whatsoever nature connected therewith shall be visible
at any time or in any manner from any public street, avenue,
walk or other public way, and such cabaret and service facility
shall not be accessible to patrons thereof directly from a
public street, avenue, walk or other public thoroughfare, nor
indirectly by means of any vestibule, foyer, entryway or room
unless such vestibule, foyer, entryway or room is accessible
only from the main entrance and main lobby of the hotel as
such entrance or lobby has been designated on plans for
the construction or alteration of said hotel building
filed with and approved by the Chief Building Inspector,
and. the door of any emergency exit provided for such
cabaret or service facility shall be identified as such
exit door by words or letters on the interior thereof only,
and. such exit shall be kept closed at all times except
for emergency use, and. the door shall be so constructed,
equipped and. fitted that no entry into such cabaret or
service facility can be obtained by opening it from the
exterior thereof; and provided further that such cabaret or
service facility may be accessible to patrons thereof from a
patio, yard, court or other open area adjoining the hotel building
where such area is enclosed on the side or sides abutting or
visible from a public street, avenue, or thoroughfare by an
opaque wall containing no facilities for entrance into such
open area from the exterior of the wall, and any
emergency exit door which may be provided in such wall
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shall be identified as such exit by words or
letters on the interior of the exit door only,
and such exit door shall not be visible from any
public street, way or thoroughfare, and such exit
door or doors shall be kept closed and locked at
all times except in case of emergency, and shall be
so constructed and equipped that entry into said
open area cannot be obtained through said exit by
opening the door from the exterior thereof; and
provided further that compliance with all requirements,
restrictions and conditions herein provided have been
certified to by the Chief Building Inspector, and
that said requirements, restrictions and conditions
are maintained at all times; and provided further
that proof to the satisfaction of the City Council
of the failure by the owner, manager or person in
control or custody of the cabaret or service
facility or his or its agents or employees to
comply with conditions as hereinabove set forth
for the use of said premises shall be sufficient
cause for the revocation by the City Council of the
license or permit theretofore issued for the said
cabaret or service facility or facilities; and
provided further that in addition to the penalties
provided for in this ordinance for the violation
thereof, the City Council may, in its own discretion,
upon the conviction of any person, firm or cor-
poration for the violation of this provision, revoke
the license, or permit held by the said person, firm
or corporation for the cabaret or service facility
herein provided for.
5. Private clubs, only upon approval and permit by
the City Council of the City of Miami Beach.
6. Apartment hotels . Provision for exterior
appearance to be the same as provided in Item No .
4 for Hotels .
7 . Public Schools .
8. Accessory uses for tenants only, provided that where
dining rooms, restaurants, coffee shops and other
places where food or beverages are served, are operated
as accessory uses hereunder, such rooms or places shall
be entered only from within the building in the same
manner and subject to the same requirements, restrictions
and conditions as hereinabove provided for service
facilities in hotels with one hundred (100) or more
guest rooms, and no sign, advertisement or other
appearance or indication of the existence of such
accessory use or uses shall be visible at any time or
in any manner from any public street, avenue, walk
or other public way.
9. Telephone exchanges, only upon approval and permit
by the City Council of the City of Miami Beach.
10 . Parking lots, only upon approval and permit by the
City Council of the City of Miami Beach, Florida, and.
in no case permits to be issued for more than one year.
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11 . Banks, Savings and Loan Associations, Public
Buildings and Public Utility Buildings, only upon
approval and permit by the City Council of the
City of Miami Beach.
12. Private schools, only upon approval and per-
mit by the City Council of the City of Miami
Beach.
13. Lodge Halls .
14. Churches and synagogues . "
SECTION 3: That Section 16 of Ordinance No . 289 of the City of
Miami Beach, Florida, be and the same is hereby amended.
by adding thereto, immediately preceding the last paragraph
thereof, the following:
"DISTRICT NO. 69. There shall be a front yard
having a depth of not ' less than one hundred
(100) feet, measured from the ocean, and a
rear yard having a depth of sixty-five (65)
feet measured from Collins Avenue, and a
side yard having a width of not less than
twenty (20) feet on either (each) side of
a building.
DISTRICT NO. 70. There shall be a front yard
having a depth of not less than seventy-five
(75) feet measured from the ocean, and a
rear yard having a depth of not less than forty
(40) feet measured from Collins Avenue, and a
side yard having a width of not less than twelve
and one-half (122) feet on either (each) side
of a building. "
SECTION 4. That Section 16-B of Ordinance No. 289 of the City
of Miami Beach, Florida, be and the same is hereby
amended to read as follows :
"SECTION 16-B
PARKING REGULATIONS
In all Parking Districts, hereinafter designated,
there shall be provided, in connection with
every building hereafter erected, constructed,
reconstructed or structurally altered, parking
spaces as follows :
DISTRICT NO. 1. Permanent parking spaces shall
be provided throughout the life of the building
for various types of occupancy as follows:
a. Single family homes; one parking space per
family unit .
b. Apartment houses; one parking space per unit
for the first four family units, and one parking
space for each two family units in excess of four.
c . Hotels; one parking space for each two hotel
guest rooms .
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Parking spaces to comply must be hard surfaced.
and not less than one hundred and sixty ( 160)
square feet in area each, with clear access
thereto (the area needed for clear access thereto
to be in addition to the one hundred and sixty
( 160) square feet required for each parking
space as aforesaid) and shall be located on the
same property as the main building, or on
property contiguous thereto or situated con-
veniently near, but not to exceed a distance
of eight hundred (800) feet therefrom, not
including any intervening streets and alleys .
DISTRICT NO. 2. No requirements .
DISTRICT NO. 3. Permanent parking spaces shall
be provided throughout the life of the building
for various types of occupancy as follows :
a. Single family homes; two parking spaces
per family unit .
b. Apartment houses; three parking spaces
for each two family units .
c . Hotels; three parking spaces for each two
hotel guest rooms .
Parking spaces to comply must be hard surfaced
and not less than one hundred and sixty (160)
square feet in area each, with clear access
thereto (the area needed for clear access thereto
to be in addition to the one hundred and sixty
(160) square feet required for each parking
space as aforesaid ) and shall be located on the
same property as the main building, or on property
contiguous thereto or situated conveniently near,
but not to exceed a distance of eight hundred
(800) feet therefrom, and not to be separated
therefrom by any street or alley.
SECTION 5 . That Ordinance No. 289 of the City of Miami Beach,
Florida, and the maps attached thereto and made a
part thereof be and the same are hereby amended so as to include
in "Hl" Multiple Family District those certain parcels of land
situate in Miami Beach, Dade County, Florida, described as follows
to wit:
Lots Thirteen (13) to Twenty-three (23)
inclusive of Indian Beach Corporation 's
Subdivision, according to the amended
plat thereof, recorded in Plat Book Eight
(8) at page Sixty-one (61) of the
public records of Dade County, Florida;
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AND ALSO
Lots One (1 ) to Thirty (30) inclusive;
Lots Two Hundred Thirty-one (231) to Two
Hundred Forty-five (245) inclusive; Lots
Three Hundred Thirty-two (332) to Three
Hundred Forty-five (345) inclusive; all in
First Ocean Front Subdivision, according
to the amended plat thereof, recorded in
Plat Book Nine (9) , page Seventy-eight (78)
of the public records of Dade County, Florida;
AND ALSO
Lots One ( 1) to Eighteen ( 18) inclusive
of Block One (1) , and Lots One (1) to
Eighteen (18) inclusive of Block Two (2) ,
all in Second. Ocean Front Subdivision,
according to the amended plat thereof,
recorded in Plat Book ,Twenty-eight (28) ,
page Twenty-eight (28) of the public records
of Dade County, Florida. "
SECTION 6. That Ordinance No. 289 of the City of Miami Beach,
Florida, and the maps attached thereto and made a
part thereof be and the same are hereby amended so as to include
in Area District No. 69, as said district is set forth and defined
in said ordinance, the following described parcels of land, situatE
in Miami Beach, Dade County, Florida, to wit:
"Lots Thirteen (13) to Twenty-three (23)
inclusive of Indian Beach Corporation 's
Subdivision, according to the amended plat
thereof, recorded in Plat Book Eight (8)
at page Sixty-one (61 ) of the public records
of Dade County, Florida;
AND ALSO
Lots One ( 1) to Thirty (30) inclusive, and
Lot Two Hundred Thirty-one (231) of First
Ocean Front Subdivision, according to the
amended plat thereof, recorded in Plat Book
Nine (9) , page Seventy-eight (78) of the
public records of Dade County, Florida. "
SECTION 7. That Ordinance No. 289 of the City of Miami Beach,
Florida, and the maps attached thereto and made a
part thereof be and the same are hereby amended so as to include
in Area District No. 70, as said district is set forth and de-
fined in said ordinance, the following described parcels of land,
situate in Miami Beach, Dade County, Florida, to wit :
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Lots Two Hundred Thirty-two (232)
to Two Hundred Forty-five (245) in-
clusive of First Ocean Front Sub-
division, according to the amended
plat thereof, recorded in Plat Book
Nine (9) , page Seventy-eight (78)
of the public records of Dade County,
Florida;
AND ALSO
Lots One ( 1) to Eighteen (18) inclusive
of Block One ( 1) of Second Ocean
Front Subdivision, according to the
amended plat thereof, recorded in
Plat Book Twenty-eight (28) , page
Twenty-eight (28) of the public records
of Dade County, Florida. "
SECTION 8. That Ordinance No. 289 of the City of Miami Beach,
Florida, and the maps attached thereto and made a
part thereof be and the same are hereby amended so as to exclude
from Parking District No . 1, and to include in Parking District
No . 3, those certain parcels of land , situate in Miami Beach,
Dade County, Florida, and described as follows, to wit :
"Lots Thirteen (13) to Twenty-three
(23) inclusive of Indian Beach Cor-
poration 's Subdivision, according to
the amended plat thereof, recorded
in Plat Book Eight (8) , at page Sixty-
one of the public records of Dade
County, Florida;
AND ALSO
Lots One (1) to Thirty (30) inclusive;
Lots Two Hundred. Thirty-one (231) to
Two Hundred. Forty-five (245) inclusive;
Lots Three Hundred Thirty-two (332) to
Three Hundred Forty-five (345) inclusive;
all in First Ocean Front Subdivision,
according to the amended plat thereof,
recorded in Plat Book Nine (9) , page
Seventy-eight (78) of the public records
of Dade County, Florida;
AND ALSO
Lots One ( 1) to Eighteen (18) inclusive
of Block One ( 1) , and Lots One (1) to
Eighteen (18) inclusive of Block Two (2) ,
all in Second Ocean Front Subdivision,
according to the amended plat thereof,
recorded in Plat Book Twenty-eight (28) ,
page Twenty-eight (28) of the public
records of Dade County, Florida. "
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SECTION 9. That Section 15 of Ordinance No. 289 of the
City of Miami Beach, Florida, be and the same
is hereby amended by adding thereto, immediately after sub-
section 6 thereof, an additional sub-section to be known as
sub-section 6 , and to read as follows:
"62. 'H1 ' Multiple Family District.
a. Single family dwellings shall provide
Ten Thousand (10,000) square feet of lot
area per family; no such dwelling shall
have less than Twenty-five Hundred (2500)
square feet of floor area.
b. Two family dwellings shall provideseventy-
five hundred (7500) square feet of lot
area per family, and there shall in no case
be less than ten (10) feet between buildings .
No such dwelling shall have less than four
hundred (400) square feet of floor area for
each family unit .
c . Apartment buildings shall provide seven
hundred and fifty (750) square feet of lot
area for each family unit . Sixty-six percent
(66%) of the family units in any apartment
building shall contain a minimum floor area
of six hundred (600) square feet, and thirty-
four percent (34%) thereof shall contain a
minimum floor area of four hundred (400)
square feet .
d. Hotel buildings shall provide four hundred
(400) square feet of lot area for each
guest room.
e . Bungalow or house courts shall provide a
minimum of not less than twenty-eight hundred
(2800) square feet of lot area per family, and.
there shall in no case be less than ten ( 10)
feet between buildings . No unit shall provide
less than four hundred (400) square feet of
floor area. There shall be an outer court with
a minimum width of ten (10) feet and a minimum
area of not less than thirty (30) percent of the
gross lot area, so arranged as to provide ingress
and egress to and from all units .
f. In this district all buildings shall be of
'Type 1 ' construction, as said 'Type 1 ' construction
is set forth and defined in the Building Code of
the City of Miami Beach. "
g. In this district flashing, blinking, rotating
or other similar varying or intermittent lighting
of signs, outline lighting or exterior illumination
is prohibited and the source of light of signs or
outline lighting shall not be visible at any time
or in any manner from any public street, avenue
walk or other public way. All signs and lighting
displays shall be so shielded that the light intensity
is reduced by at least 50% from the source to the
immediate outside of any portion of the light fixture .
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SECTION 10 . That Section 2 of Ordinance No . 289 of the City
of Miami Beach, Florida, be and the same is hereby
amended to read as follows :
"SECTION 2
DISTRICTS.
In order to regulate and restrict the
erection, reconstruction, alteration,
location and use of buildings, structures,
land and water, for trade, industry, residence,
or other purposes, and the location thereof,
and to regulate the size of buildings and
other structures hereafter erected or altered,
to regulate and determine the size and
dimensions of yards, courts and other open
spaces and to regulate and limit the percen-
tage of lot that may be occupied and the
density of population, the City of Miami
Beach, Florida, is hereby divided into use,
area and parking districts as follows :
1. RAA, RA, RB and RC Estate Districts .
2. RD Single Family District .
3 . RDD Modified Single Family District .
4. RDE Restricted Multiple Family District .
42. H1 Multiple Family District.
5 . RE Multiple Family District .
54. REE Multiple Family District .
5a . BAAA, Modified Business District .
6. BAA, BA, BB, BC, BD, BE, BF and BG Business
Districts .
7 . Cabana and Swimming Pool District .
8. Two Story Cabana District . "
SECTION 11. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby
repealed.
SECTION 112. If any part or parts of this ordinance shall,
for any reason, be declared unconstitutional
or void , it is the express intent of the City Council that
the balance of the ordinance shall remain effective and that it
would have been passed and adopted by the City Council with the
unconstitutional and void part or parts deleted therefrom.
SECTION 12 . That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED and ADOPTED this 17th day of April, A. D. 1957 .
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Mayor
Attest.:-
//6/ C ty C erk
SEAL
1st reading - April 3, 1957
2nd reading - April 3, 1957
3rd reading - April 17, 1957
Posted - April 18, 1957
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance
No. 1253 , entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 289,
COMMONLY KNOWN AS THE "ZONING ORDINANCE
OF MIAMI BEACH, FLORIDA",
having been passed and adopted by the City Council of the City
of Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door of
the City Hall in said City on the 18th day of April, 1957,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 5th day of June, A.D. 1957 .
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