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Ordinance 88-2634 ORDINANCE NO. 88-2634 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR AN AMENDMENT TO SECTION 13, ADULT CONGREGATE LIVING FACILITIES (SECTION 13-2A), BY REMOVING A MANDATORY REQUIREMENT PROHIBITING THEIR LOCATION ON BAYFRONT AND OCEANFRONT PROPERTIES, AND BY REMOVING A REVIEW CRITERIA DISCOURAGING THEIR LOCATION ON WATERFRONT PROPERTIES (SECTION 13-3A); PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Underlined Words = New language gashed WeFds = Deleted language SECTION 1: That Section 13 of Ordinance No. 1891 shall read as follows: SECTION 13 ADULT CONGREGATIVE LIVING FACILITIES 13-1 PURPOSE: A. The purpose of this Section is to provide mandatory requirements and review criteria to be used in reviewing conditional use applications for Adult Congregate Living Facilities. 13-2 MANDATORY REQUIREMENTS A. Adult Congregate Living Facilities shall be subject to the following mandatory requirements: l: Faeilitles shall Ret be leeated ea hayfFeRt eF eeeaRfFeRt pfepe4tles: OeeaRfFeRt +Reledes pFepe*ty eR the west side of OeeaR 9Five and QeeaR TeFFaee. 2: 1. ACLF facilities in the City of Miami Beach shall not exceed 2,000 residents subject to review based upon any substantial population characteristic changes revealed by the next U.S. Census, but in any event said review shall take place every ten (10) years. 3:2. Facilities shall not be located in any designated redevelopment area. 13-3 REVIEW CRITERIA A. Adult Congregate Living Facilities shall be in substantial compliance with the following review criteria as determined by the Planning Board and City Commission: 1. Smaller scale (6-16 residents) are encouraged in order to provide a non- insitutional environment. { 2. The City should encourage equal distribution of facilities serving various income groups. 3. Facilities located in newly constructed buildings should be encouraged. 4. The location of facilities should be compatible with the City's Comprehensive Plan and all other adopted special area plans. 5. Facilities shall be aestically compatible with the surrounding neighborhood and adjacent properties. 6r Paei4ities sI euld Ret be eaeeHFaged to be feeated ea wate4fFeat pFepeFtiesr 7r 6. Facilities should be encouraged to provide social, recreational, dining, and landscaping amenities. 8r 7. In order to encourage geographic distribution, facilities should not be located within 1,500 feet from another facility. 9r 8. Facilities should be compatible with the elderly population characteristics of its surrouding neighborhood. SECTION 2: INCLUSION IN ZONING ORDINANCE NO. 1891. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold shall not affect the validity fo the remaining portions of this Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after adoption on Dec. 19, 1988. PASSED and ADOPTED this 9th day of Dec. , 1988. 1°11.11,1.1f1 MAYOR ATTEST: CITY CLERK FOR AEP RU tD 1st reading November 16, 1988 LEGAL DEPARTMENT 2nd Reading December 9, 1988 By: JK:CH:hm DTC• �,9 ZO Prop #2 A 1-• ��" g.� 11/16/88 • • O I d CO I) d4-1 (1) O OU o , ,0 -I HI CI) CID I-I a bI) O •^ )-+ •� CO a) 0 •H co }-4 a) 0 tet ' � 'd 4i cd HI 0 0 N M p -H cd U 4_i U }-a N N a O HI a) •ra -r-1 .0 - i C a at av CO ca -HP MOO Z •-I ai bO at a) a •r-I •r-I H Z a) O O d0 4-) + a) a) 0 0 a) w 0 > 0 )+ cl m Cr-1 131)C-) O H w u Z U Irl U •H O H-I 2 a) O d ,i O $`4' O 3 0 4-i P- S1. f 1.) 40-1 r') U) aS cti ai bO °'-4 N 4 U b0 a) •H 0 0 a-) a) 0 G H0 IH G 'd CO O -H O HI 'd ai CU 0 HI 4 U U -H r1 N O U