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Ordinance 84-2432 ORDINANCE NO: 84-2432 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1891, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE PROVIDING FOR AN AMENDMENT TO THE GENERAL USE OF CONSTRUCTION; PROVIDING NEW DEFINITIONS "OUTDOOR CAFE", "MECHANICAL GARAGE"; PROVIDING FOR AN AMENDMENT TO DEFINITIONS FOR "COMMERCIAL VESSEL", "COMPREHENSIVE PLAN", "COMMUNITY GARAGE", "HEIGHT OF BUILDING", "HOUSEBOAT", "HOUSEBARGE", "MARINA", "OFF-STREET PARKING SPACE", "SLEEPING UNIT"; PROVIDING FOR AN AMENDMENT TO STORE ENCLOSURES REGARDING REVOCABLE PERMITS; PROVIDING FOR AN AMENDMENT CLARIFYING RECREATIONAL FACILITIES INCLUDING GOLF COURSES AS CONDITIONAL USES IN THE SINGLE FAMILY (RS) ZONING DISTRICTS; PROVIDING FOR AN AMENDMENT CLARIFYING THE MINIMUM SIZE REQUIREMENTS FOR APARTMENTS AND HOTEL ROOMS IN RM-60, RM-100, RM-125, C-1, C-2, C-3, C-4, AND C-5 DISTRICT; PROVIDING FOR AN AMENDMENT TO THE C-1 NEIGHBORHOOD BUSINESS DISTRICT LISTING TUTORIAL CENTERS AS PERMITTED USES AND CHURCHES, SYNAGOGUES AND TEMPLES AS CONDITIONAL USES; PROVIDING AN AMENDMENT TO THE C-1, C-4, AND C-5 DISTRICTS REMOVING CHURCHES, SYNAGOGUES, AND TEMPLES FROM PERMITTED USES LIST AND PLACING THEM IN THE CONDITIONAL USE LIST; PROVIDING FOR AN AMENDMENT TO ACCESSORY USES RELATING TO VENDING MACHINES; PROVIDING FOR TEMPORARY AT-GRADE PARKING LOTS IN MU DISTRICTS PURSUANT TO THE CITY'S LANDSCAPE MANUAL; PROVIDING FOR AN AMENDMENT CLARIFYING THE REQUIRED SETBACK FOR BUILDINGS ADJACENT TO ALLEYS; PROVIDING FOR AN AMENDMENT REGARDING FENCES, WALLS, GATES, HEIGHTS, LIGHTPOLES, AND PROVIDING SWIMMING POOL REQUIREMENTS AS SET FORTH IN THE LANDSCAPE STANDARDS; PROVIDING FOR AN AMENDMENT CLARIFYING REQUIRED SETBACKS FOR MIXED USE BUILDINGS; PROVIDING FOR AN AMENDMENT REGARDING MINIMUM SETBACK REQUIREMENTS FOR MARINE STRUCTURES; PROVIDING FOR AN AMENDMENT ELIMINATING MAXIMUM PROJECTION OF CERTAIN MARINE STRUCTURES; PROVIDING AN AMENDMENT TO PROPERTIES LOCATED IN A MF-8 DISTRICT REGARDING THE PROHIBITION OF THE SUBTERRANEAN LEVEL AND INCREASING THE REAR SETBACK AT THE GROUND LEVEL FROM TEN (10) FEET TO TWENTY (20) FEET; PROVIDING FOR AN AMENDMENT TO PARKING REQUIREMENTS; CLARIFYING PARKING DESIGN REQUIREMENTS TO CONFORM TO THE LANDSCAPE STANDARDS AND PARKING IN THE REQUIRED FRONT YARD; PROVIDING FOR AN AMENDMENT RELATING TO SIGNS IN SPECIAL CASES; PROVIDING FOR AN AMENDMENT TO MAXIMUM HEIGHT OF SIGNS IN THE RM-100 AND RM-125 DISTRICTS; PROVIDING FOR AN AMENDMENT TO THE BOARD OF ADJUSTMENT REGULATIONS RELATING TO PUBLIC NOTICE REQUIREMENTS; PROVIDING FOR AN AMENDMENT CREATING TIME REQUIREMENTS TO OBTAIN BUILDING PERMITS FOR PROJECTS APPROVED BY THE BOARD OF ADJUSTMENT; PROVIDING FOR AN AMENDMENT TO PERMIT THE CITY MANAGER, PLANNING BOARD, OR THE BOARD OF ADJUSTMENT TO INITIATE THE ZONING AMENDMENT OR CHANGE OF ZONING PROCESS; PROVIDING FOR AN AMENDMENT CLARIFYING THE MINIMUM STREET FRONTAGE THAT MAY BE CONSIDERED FOR CHANGE OF ZONING; PROVIDING FOR AN AMENDMENT TO FACADE REVIEW PROCEDURES FROM CHANGING THE APPELLATE BODY FROM THE PLANNING BOARD TO THE BOARD OF ADJUSTMENT; PROVIDING FOR AN AMENDMENT TO VIOLATIONS AND PENALTIES RELATING TO THE MAXIMUM LIEN; PROVIDING FOR AN AMENDMENT TO THE LIQUOR CONTROL REGULATIONS REQUIRING ONLY THE BUILDING OFFICIAL TO CERTIFY MINIMUM DISTANCE SEPARATION REQUIREMENTS; PROVIDING FOR A NEW SECTION ENTITLED LANDSCAPE STANDARDS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: NOTE: Underline is new language Stoke tk►Feugla is existing language to be removed. 1 SECTION 1: That Section 3-1 of Ordinance No. 1891 is hereby amended to read as follows: 3-1 GENERAL RULES OF CONSTRUCTION 7. The words "required yard" or "minimum required yards" and "minimum yards" includes the word "setback". 7: 8. Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meaning and customary usage. SECTION 2: That Section 3-2 of Ordinance No. 1891 is hereby amended to read as follows: 3-2 TERMS DEFINED 23. CAFE, OUTDOOR: A use associated with a restaurant that provides exterior table service which shall be adjacent and attached to the main structure. 27. COMMERCIAL VESSEL: Every vessel which is used or operated for commercial purposes on the navigable waters of the city; that is either carrying passengers, carrying freight, towing, or for any other use. fei whieh a eempeRsatieR is reeeived; either diFeetiy AF where previded as aR aeeemmedatieR; advantage; faeiiity er privilege at any piaee AF ubiie aeeernrnedatieR; resect er arm usercreRt: 28. COMPREHENSIVE PLAN: The Comprehensive Plan of Miami Beach, Florida adopted by the City Commission in compliance with the State of Florida Local Government Comprehensive Planning Act. 46. GARAGE, COMMUNITY; A building or a portion paFt ef thereof, used for indoor parking of private passenger vehicles fer use ef tly residents in the vicinity of said building. 47. GARAGE, MECHANICAL: Any premise where vehicles are mechanically repaired, rebuilt or constructed for commercial purpose. 52. HEIGHT OF BUILDING: The vertical distance from the grade to a roof. The highest point of the roof shall be determined by the following: (a) the highest point of a flat roof; (b) the deck line of a mansard roof; (c) the average height between eaves and ridge for gable, hip, and gambrel roofs; or (d) the average height between high and low points for a shed roof. 58. HOUSEBOAT: A watercraft used AF designed for use as a dwelling purposes which is propelled by sail, motor or both. effiee a business enterprise; the use and PFleeFifig ef wbieh is Feguiated by Chapter 7; The Cede ef the City ef Miami Beaeh; Fieeida: 2 59. HOUSEBARGE: A vessel or watercraft Fes}deRee OF stFdetHEe capable of being utilized as a residence floating on water, usually permanently moored, which does is not maedfaetHFed with have a system of propulsion. 76. MARINA: A place for docking pleasure boats or commercial boats and of providing services to pfeaslFe beats aed the occupants thereof, including minor servicing and minor repair to boats while ib the water, sale of fuel and supplies, and provision of lodging, food, beverages, commercial, office, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered a marina, nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered. 92. PARKING SPACE, OFF-STREET: An all-weather surfaced area not in a street or alley and having an area as required by Section 9-5 A of this Ordinance exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. SECTION 3: That Section 5-7 of Ordinance No. 1891 is hereby amended to read as follows: 5-7 STORE ENCLOSURES. A. In all use districts designated in this Ordinance, the sale, or exposure for sale or rent, of any personal property, including merchandise, groceries, perishable foods, such as vegetables and fruits, is prohibited, unless such sale, or exposure for sale, is made from permanent, substantial, and permanently structurally enclosed buildings or structures; provided, however, that nothing herein contained shall be deemed applicable to gasoline stations, automobile service stations or repair shops, revocable permits or beach concessions operated or granted by the City, or newspaper stand, wherever such uses are otherwise permissable. SECTION 4: That Section 6-1, B-2a of Ordinance No. 1891 is hereby amended to read as follows: 6-1 RS-1, RS-2, RS-3, and RS-4, Single Family Residential Districts A. DISTRICT PURPOSE. These Districts are designed to foster and protect Miami Beach's single-family residential neighborhoods. The four Districts vary only in minimum lot area and lot width requirements. 3 B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Single-family detached dwelling. 2. The following uses may be permitted as a conditional use: a. MaRfetpa44y ewRed and epeFated Recreational facilities, such as playground, playfield, park, Of, beach, or golf course. b. Municipal buidings and uses. c. Temporary use for a period not to exceed 15 days. 3. Accessory uses for above uses. SECTION 5: Sections 6-5g, 6-6g, 6-7g, 6-8g, 6-9g, 6-10g, 6-11g and 6-12g of Ordinance 1891 are hereby amended to read as follows: 6-5 RM-60 Multiple Family Medium Density District G. MINIMUM FLOOR AREA PER UNIT 1. Multiple family buildings other then adult congregate living facilities: 48A squaFe feet pef HRft: a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 2. Adult congregate living facility: 200 square feet per unit. 6-6 RM-100 Multiple Family Medium Density District G. MINIMUM FLOOR AREA 1. Multiple family buildings other then adult congregate living facilities: 4AA squaFe feet peF L Rtt: a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 2. Adult congregate living facility: 200 square feet per unit. 6-7 RM-125 Multiple Family High Density District 4 G. MINIMUM FLOOR AREA 1. Multiple family buildings other then adult congregate living facilities: 499 square feet per d44ts a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 2. Adult congregate living facility: 200 square feet per unit. 6-8 C-1 Neighborhood Business District G. MINIMUM FLOOR AREA 1. Non-residential use: None • 2. Res€deRtia€ tiset Multiple Family Elwellihgs shah prevfde a r+-14Rircium ef 499 square feet kR eaeh dwe44MRg dRfts buildings. a. Dwelling -nit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 6-9 C-2 General Office District G. MINIMUM FLOOR AREA 1. Non-residential use: None 2. Residentia4 uset Multiple Family dwel44Rgs shaMM prev€de a Im1+R€mum ef 499 square feet +R eaeh dwe44iRg dRfts buildings. a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 6-10 C-3 Central Business District G. MINIMUM FLOOR AREA 1. Non-residential use: None 2. ResfdeRt€a€ use Multiple Family dwel44Rgs shaMM prev€de a m+R€mdr ef 499 square feet €R eaeh dwelRg ucfts buildings. 5 a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 6-11 C-4 Business District G. MINIMUM FLOOR AREA 1. Non-residential use: None 2. ResfdeRt-iaf uset Multiple Family dwefRgs shall pFevfde a m+Rfr trr ef 4AA sq aFe feet fR ea€lh dweffERg tIRtts buildings. a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. 6-12 C-5 General Business District G. MINIMUM FLOOR AREA 1. Non-residential use: None 2. ResldeRtiaf uset Multiple Family dwe44iRgs shall pFev}de a r+IiRirfturfi ef 4A0 sgtrafe feet lR ea€la dwell44Rg HR T buildings. a. Dwelling Unit - Shall have a minimum of 400 square feet. b. Sleeping Unit - Shall have a minimum of 400 square feet. SECTION 6: That Section 6-8, 6-11, and 6-12 of Ordinance No. 1891 is hereby amended to read as follows: 6-8 C-1 NEIGHBORHOOD BUSINESS DISTRICT 6-8 C-1 Neighborhood Business District. A. DISTRICT PURPOSE. This is a retail sales, personal services, and related convenience shopping district, designed to provide convenient shopping facilities to surrounding residential neighborhoods. B. USES PERMITTED. No land, water or structure may be used in whole or in part, except for one or more of the following uses. Permitted uses that sell, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 28. 6 1. Any use permitted in RM-60 Multiple Family District except those uses listed as Conditional Uses. 2. Automobile parking lot, open or enclosed, commercial or non-commercial. 3. Automatic ice distribution station or other drive-in automatic vending machine station. Groups of vending machines shall be contained in a completely enclosed building. 4. Retail bakery with sale of bakery products only and no baking on the premises. 5. Banks, savings and loan associations. 6. Bar. 7. Bicycle store, rental or sales, and bicycle repair shop. & ChdFell: syRagegde wad tempfe: 3. 9. Drug Store 9. 1A: Garden shop, florist shop, greenhouse, nursery and landscape office. 10. 11: Grocery Store 1_1. 12: Office, professional or business. 12. 13: Personal service uses, conducted entirely within completely enclosed buildings. Such uses include barber shops, beauty parlors, photographic or artists studios, photographic developing or printing establishment, picture framing shop, shoe repair shop, tailor shop, travel bureau, ticket office, messenger service, taxicab office, newsstand, telephone exchange or telegraphic service stations, dry cleaning or laundry receiving stations, hat cleaning and blocking, self-service or coin operated laundry or dry cleaning establishment and other personal services uses of similar character. 13. 14: Post office. 14. I5 Private club, lodge, fraternity, sorority, meeting hall, and other private meeting places not operated for profit. 15. ICS Repair or rental of household appliances, tools, bicycles, and items of a similar character, provided all activities, including storage and display, are conducted entirely within completely enclosed building. 7 16. 17: Restaurant with or without outdoor table service but not a drive-in restaurant. 17. 48: Retail stores, provided that all activities, including sale, storage and display, are conducted entirely within completely enclosed building. 18. 49: Theatres. 19. Tutorial Center 20. The following uses may be permitted as a conditional use: a. Adult congregate living facilities subject to the mandatory requirements and review criteria set forth in Section 27, Adult Congregate Living Facilities. h. Automobile parking lot, open or enclosed, non-commercial provided such use is acessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section, a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Churches, synagogues and temple. d. e: Day nursery. e. Ely Filling station, but with no lighting fixture or illuminated sign extending to a height greater than 15 feet. f. e: Municipal buildings and uses. g. I= Undertaking establishment or funeral home. h. g: Temporary use for a period not to exceed 15 days. 6-11 C-4 Business District. A. DISTRICT PURPOSE. This district is designed to accommodate a highly concentrated business core, in which businesses serving all residents and visitors of the City are located. B. USES PERMITTED. No land, water or structure may be uses, in whole or in part, except for one or more of the following permitted uses. Permitted uses that sell, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 28. 8 1. Any use permitted in C-1, C-2, or C-3 except those uses listed as Conditional Uses.. 2. Cabaret. 3. Night club. 4. Retail meat and fish market provided that such use shall not occupy more than 2,500 square feet of floor area per establishment and no noxious odors shall be produced by improper storage and handling of refuse. 5. The following may be permitted as a conditional use. a. Adult congregate living facilities subject to the mandatory requirements and review criteria set forth in Section 27, Adult Congregate Living Facilities. b. Aquarium, commercial. c. Automobile parking lot, open or enclosed, non-commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. d. Beaches, commercial. e. Bus terminals. f. Church, synagogue and temple. f Colleges, junior colleges, or institutions of high learning. h. g: Filling station. i. II: Institution, educational or philanthropic, including museum and art gallery. Marina. k. Municipal buildings and uses. 1. k: Private club. m. I Storage parking lots. 9 n. KI: Uses not listed above which are similar in character to one or more permitted uses, and which would not be inappropriate in this District. o. R: Temporary use for a period not to exceed 15 days. 6. Accessory uses for above uses. 6-12 C-5 General Business District. A. DISTRICT PURPOSE. This is a mixed use district which permits high density residential, retail, and light and heavy service commercial development. B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following permitted uses. Permitted uses that self, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 28. 23. The following uses may be permitted as a conditional use: a. Adult congregate living facilities subject to mandatory requirements and review criteria set forth in Section 27, Adult Congregate Living Facilities. h. Aquarium, commercial. c. Automobile parking lot, open or enclosed, non-commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. d. Beaches, commercial. e. Bus terminals. f. Churches, synagogues, and temples. g. T Colleges, junior colleges, or institutions of high learning. h. g: Filling stations. i. la: Institution, educational or philanthropic, including museum and art gallery. f: Municipal buildings and uses. 10 k. 4 Private club. 1. k: Storage parking lots. m. Undertaking establishment or funeral home. n. rte: Temporary use for a period not to exceed 15 days. 24. Accessory uses for above uses. SECTION 7: That Section 7-3 of Ordinance No. 1891 is hereby amended to read as follows: 7-3 ACCESSORY USES IN THE RM-60 DISTRICT A-5 Coin-operated vending machines for candy, tobacco, ke, soft drinks, and postal stamps and sHRd4es inside a building with 20 or more dwelling units. eff guest Feems: The number of machines shall not exceed two (2) pair per twenty (20) units. Machines are prohibited on the outside of a building. A-9 Washing and drying machines may be located inside or outside of a building. When located outside of the building, they shall not be in any required yard nor visible from a right-of-way. The total number of machines on the site, whether inside or outside the building, shall not exceed two (2) pair per ten (10) units or fraction thereof. One pair shall mean one (1) dryer and one (1) washer. 7-3 ACCESSORY USES IN THE RM-100 AND RM-125 DISTRICTS B-8 Coin-Operated Vending Machines a. Washing and drying machines may be located inside or outside of a building. When located outside of a building they shall not be in any required yard or visible from a right-of-way. The total number of machines on the site, whether inside or outside of a building shall not exceed one (1) pair per ten (10) units or fraction thereof. One pair shall mean one (1) washer and one (1) dryer. b. Vending machines for postage stamps, candy, tobacco, and soft drinks shall only be permitted inside a building with a total of twenty (20) more dwelling units, sleeping units, or fraction thereof. Buildings with less than twenty (20) units shall not be permitted to have such vending machines. The number of machines shall not exceed one (1) per twenty (20) units or fraction thereof. SECTION 8: That Section 8-1 of Ordinance No. 1891 is hereby amendment to read as follows: 11 8-1, A-1 1. Public Alleys - Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard, however, a r iRimam a required yard of 10 feet shall be provided exclusive of the alley width and no portion of the building, including any allowable encroachment, shall be permitted within ten (10) feet of the alley. 8-1, B-5 5. OFRameataf Fences, Walls, Gates, Hedges and Lightpoles are permitted as follows: a. Single Family districts 1. Required Front Yard a. Except as provided, the maximum height of fences and walls shall not exceed five (5) feet when located in a required yard. Ornamental fixtures or lamps are permitted to be placed on poles, walls or fences only when located in the required front yard or any yard facing a public street, alley, golf course, or body of water. The total height of the combined structure shall not exceed 7 feet. Ornamental fixtures and lamps shall be located with a minimum separation of 8 feet on center with a width of 2 feet. b. Fences and walls shall be permitted to exceed the five (5) foot height limit; however, for every one (1) foot increase in height or fraction thereof, the fence or wall shall be set back 2 feet from the front property line. Ornamental fixtures and lamps shall be permitted with the same size and space requirements listed above however their portion of the increased height shall not be computed in determining the setback requirement. In no instance shall the height of the wall or fence exceed seven (7) feet. The total height of the combined structure, including the ornamental fixture and lamp, shall not exceed a height of nine (9) feet. c. Open picket type gates are permitted to have a maximum height of ten (10) feet and a width of twenty (20) feet, however for every one (1) foot in height or fraction thereof in excess of the five (5) foot height limit, the gate shall be set back two (2) feet from the property line. Solid or opaque gates which exceed the five (5) foot height limit are prohibited. 12 d. Hedges shall not exceed a maximum height of seven (7) feet. e. Lightpoles including ornamental fixtures and lamps shall not exceed a maximum height of ten (10) feet. 2. Required Side or Required Rear Yard a. Fences and Walls - The maximum height, including ornamental fixtures shall not exceed seven (7) feet; except for the following as provided below: 1. Tennis courts as listed in Section 8-1, B-52. 2. When any side or rear yard abutting the bay, a canal, waterway or golf course, the maximum height of a fence or wall shall not exceed five (5) feet. b. Hedges - maximum height shall not exceed seven (7) feet. c. Lightpoles - are only permitted pursuant to Section 8-1, B- 5(g) or when not located within the side yard setback. All light shall be contained on site as required by Section 7-4, Performance Standards. 3. Chain Link Fences are prohibited in the required front yard, any required yard facing the bay or canal or in any required side yard adjacent to a street except as provided in Section 8-1, B-5(g). b. C-6 Commercial Interior District 1. The maximum height of a wall or fence in the required front, rear, or any side yard shall not exceed 7 feet, excluding barbed wire or materials of similar character. Provided that barbed wire or materials of similar character shall elevated 7 feet above grade and be angled towards the interior of the lot. The combined height of a wall or fence plus barbed wire or materials of similar character shall not exceed 9 feet. c. In any district except single family and C-6 1. The maximum height shall not exceed 5 feet in the required front yard and 7 feet in the required side and rear yards. Ornamental fixtures and lamps are permitted to be placed on walls or fences only when located in the required front yard or when fronting on any yard facing a public street or alley, golf course, and body of water. The total height of the combined structure shall not exceed 7 feet. 13 Ornamental fixtures and lamps shall have a minimum separation of 8 feet on center and a maximum of 2 feet. d. All surfaces of masonry walls and wood fences, when seen from adjoining properties, shall have a stucco or equal painted finish. e. Along the boundary between a residential and business district - 10 foot maximum height. f. The use of barbed wire or materials of similar character is prohibited in all districts except in the C-6 district. g. The following regulations shall apply for fences, lightpoles or other accessory structures associated with a tennis court, basketball court or similar court games in all single family districts. 1. Required front yard - maximum height of fences shall be 10 feet when located at least 10 feet from the front property line. 2. Required side and required rear yard - maximum height of fences shall be 10 feet when located 7.5 feet from the interior property line. When the fence faces a street, the maximum height shall be 10 feet when located 15 feet from the property line. 3. Any and all accessory lighting, customarily associated with the use of court games, shall be erected as to direct light on the premises only. The maximum height of light fixtures shall not exceed 10 feet when located in a requierd yard; otherwise, the maximum height shall not exceed 20 feet. 4. All chain link fences shall be coated with green or black materials. 5. When fences are located in required yards, they shall be substantially screened from public view from adjacent properties, public right-of- ways, and waterways by landscape materials. 6. Any play surface, whether paved or unpaved, when associated with said court games, shall have the following minimum required yards: front - 20 feet, interior side - 7Yz feet, any side facing on a street -15 feet, rea - 7%2 feet. 8-1, B-6 Swimming Pools - Accessory swimming pools, open and enclosed, or covered by a screen enclosure, or screen enclosure not covering a swimming pool, may occupy a required rear or side yard, provided: 14 a. Rear Yard Setback 6 ft. minimum setback from rear property line to pool deck or platform, or screen enclosure associated or not associated with a pool, provided, however, that pool decks may extend to the property line when abutting upon any bay or canal. There shall be a minimum 714 ft. setback from the rear property line to the water edge of the pool. b. Side Yard Setback 1. 9 ft. minimum required setback from the side property line to the water edge of the pool. 2. 714 ft. minimum required setback from side property line to pool deck or platform, or screen enclosures associated or not associated with a pool. 3. MF District - 4Q 714 ,ft. minimum required setback from an interior side property line to a pool deck or platform and 15 ft. minimum required setback fFem any yaFd facing a street fR a4-1 MF Distr-its eR E8FReF lets, 4. Single Family District 714 ft. minimum required setback from an interior side property line to pool deck or platform except for corner lots which shall provide a minimum 10 foot setback fR all SS-iRg4e Family Disti-i€ts from the property line to the pool, deck or platform or screen enclosure. 8-1, B-7. Visual Barriers for Swimming Pools Accessory swimming pools when located on the front or side yard, facing a public street, shall be screened from public view as follows provided for in Section 31-6,E: a, Opaque Wall OF feRee Ret less than five 453 OF meFe ThaR six 464 ft, i-R height, b, Opaque deRse hedge net less thhaR five 454 OF meFe than sic 46) ft }R height, SECTION 9: That Section 8-1, B-12 of Ordinance No. 1891 be amended to read as follows: 8-1, B-12 x 9/12/84 15 3, 12. Marine Structures - Seaward side yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind shall be equal to landward sideyard setbacks; the minimum required setback shall not be less than 7Y2 feet. These setback requirements pertain to the enlargement of existing structures as well as the construction of new structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward side yard setback. SECTION 10: That Section 8-3B of Ordinance No. 1891 be amended to read as follows: 8-3 Minimum Yard Regulations for Multiple-Family Zoning Districts. B. FRONT AND REAR - MINIMUM YARDS. Front and Rear Yards shall be provided in accordance with the following table. No minimum yard requirement for an upper level shall be less than the minimum yard requirement for any lower level. DISTRICT LEVEL FRONT REAR Sub 20 0 MF-8 Ground 20 to 20 Pedestal 20 20 Tower * 30 No subterranean area shall be allowed in this district. MF-9 Ground 20 10 Pedestal 20 10 Tower 20 .3 height SECTION 11: That Section 8-5B of Ordinance No. 1891 is amended to read as follows: 8-5 Mixed Use - Yards, Area and Bulk Requirements B. Where a building containing both residential and non-residential uses is subject to the height, area and bulk requirements applicable to residential development, a minimum required front yard of 10 ft. shall be provided and sueka area to be developed and maintained as a landscaped area. and a The minimum required side yard, when adjacent to a street, shall be of 10 ft. shat} be previded sdeb area to and be developed and maintained as a landscaped area. Side Yard requirements 16 for residential development shall be applied only to the lowest floor (and all floors above it) which contain more than twenty-five (25) percent of its area used for dwelling space. and side Yard requirements for non-residential development shall be those required in the applicable business or MF district. SECTION 12: That Section 8-8 of Ordinance No. 1891 is hereby eliminated. 8-8 Accessory Boating Facilities AT Beat slips; desks; whaFves3 delphiR pelesT meeF+ng piles OF stFuetuFes of any kind shall net be eonstFueted OF eFeeted which extend into any canal OF wateFway in the City of Miami Beach mere than ten peFeent 419% of the width of such eanal OF wateFway at a specific location measuFed fFem the sea wall OF pFepeFty as shown by FeeeFded plat line if Re sea wall exists} but if a canal AF wateFway +s much reFe than 100 feet iR width the stFuetuFe may extend +Rte such canal OF wateFway at a distance net gFeateF than fifteen peFeeRt 415944 of the width of such canal OF wateFway at that speeif+e leeat+en; but net to exceed a gFeateF distance than 40 feet} pFev+ded; heweveF; with special peFm+ssien and Fecemmendat+en of the Maine Authefity and appFeved by the City Cemmissien3 any deck; whaFf; delph+nT meeFing pile AF etheF stFuctuFe may extend fFem a lot aened feF multiple-family use; +nte any paFt of Biscayne Bay AF etheF wateFway; which is in excess of 1;000 feet in width; a distance net gFeateF than 425 feet and may extend fFem a let sened feF business use into Biscayne Bay OF etheF wateFway at a distalee of 250 feet: It is fuFtheF pFevided that any beat; ship OF vessel eF any kind shall not be decked OF meeFed se that its pFe}eet+en inte the wateFway would be beyond the peFmissible pFe}eet+ens fOF such decksT whaFves; dolphin peles; rmeeFing piles; of etheF stFuetuFe: FeFmits feF eFectieR of any of the above facilities must be obtained fFem the Censtfuct+on SeFvices Division; State 1ntefnal ImpFevement Fund if neeessaFy; and 44 abutting navigable stFeamsy the appFeval of the U S: AFmy CeFps of Eng+neeFs must be secuFed: SECTION 13: That Section 9 of Ordinance No. 1891 be amended to read as follows: 9-2, A 17,b. One space per 10 seats of total combined seating capacity in public eating and drinking facilities, and 1 space per 5 seats of available seating area in and assembly and meeting rooms, foF the fiFst 1000 seatst except wheFe ninety 490%) peFcent OF mere of any dining space is utlized solely and exclusively by the FegisteFed guests OF tenants of such establishment: One space peF 18 seats of such seating capacity in excess of ly000 seats: 18. Retail Store or personal service establishment - 1 space per 250 300 square feet of floor area including stock brokerage. 17 21. Office or office building, eF studies eF e4-Rie - 1 space per 400 square feet of floor area, however, medical offices and clinics shall provide one (1) space per 300 square feet. 27. Banks and savings and loan associations - 1 space per 300 499 square feet of floor area. Section 9-4F Interpretation of Off-Street Parking Requirements F. Thirty-five (35) twenty-five 00 percent of the required parking spaces may be provided for compact cars, provided each such space shall be clearly designated for "compact vehicles only". Section 9-5G Marking Parking spaces in lots of more than ten (10) spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Each individual space shall be provided with a car stop or curb or other similar device to prevent vehicular encroachment. Signs or markers shall be used as necessary to ensure efficient traffic operations of the lot. Section 9-SParking Design Standards Screening and Landscaping. Except as pfevided iR this QfdiRaRee all parking areas shall be landscaped and maiRtaiRed iR aeeeFdaRee with the Metre Landseape ©rdiRaRce: At grade parking lots and parking garages shall conform to the minimum Landscape Standards as set forth in Section 29-6. 4: Perimeters WheR eft-street parkiRg areas fef three OF mere auteriebiles are leeated e4esef thaR fifty 4593 feet te a let iR a FesideRtial distfiEt; Ret withstandiRg SeetieR 8-IT B-5 the perimeter ef the pafkiRg areas shall be sereeRed by eRe eF mere ef the fellewiagt a: IyFeRtT Side; and Rear Yard Perimeters: 43 A send 314 feet high epaque wall eF feReeT All surfaces ef the epaque wail shall have a stueee eF equal fiRish OF 2) AR epaque deRse hedge; Ret less thaR 3 feet iR height at a time ef plaRtiRg and Ret mere thaR 3 feet iR height at maturatieR: Sueh hedge te be withiR verdant grass ef equal landseaped beFdeF 4 feet iR width: 18 2: Interior ef Parking Areas Parking areas which are net eevered and used tR eeR+uRetfen with properties IA;AAA square feet or mere shall- be landseaped as fellewst a: Total landscape areal- Ten 4183 square feet of landscaped area for each parking space excluding spaees abutting a perimeter fer which landscaping is regired of spaces served by an access aisle along such a perimeter: b: One tree with a clear trunk ef at least five 45) feet for each IAA square feet er fraction thereof of required landscape area: c: 'fetal landseaped area te be separated into smaller specific areas which will be located te break up the expanse ef pavement: d: mach separate landscaped area must be 50 square feet OF mere in area: e: Each individual landscaped area te contain at least ene tree: f: In addition te the trees; the landseaped areas must be adequately planted OF otherwise treated with approved landscaping material Ret te exceed three 43) feet in height: 9-6 Parking in Front Yard A-3. Parking or storage of vehicles in the minimum required front yard setback shall be restricted to automobiles. No commercial vehicles shall be parked or stored in the front any yard. SECTION 14: That Section 11-1D of Zoning Ordinance No. 1891 be amended to read as follows: Section 11-1D D. Erection of Signs in Special Cases. The City Commission Board of Adjustment shall grant approval or deny may in special eases grant permits fer the ereetien of signs not conforming to the requirements of this Section. and at their diseretieR; may require a bend net exceeding ten thousand dellars preteetiRg the City against all Il-abilities: 4Cede 1959: See: 32:94 For purposes of this Section, signs considered by the Board of Adjustment shall only be those exceeding the maximum size, location, or those relating to graphics and illustrations; in other cases when this Ordinance does not contain specific sign regulations, they shall be considered by the City Commission. 19 SECTION 15: That Section 11-2, C-6(c) of Zoning Ordinance No. 1891 be amended to read as follows: Section 11-2, C-6(c) Signs in RM-100 and RM-125 The area of flat or mounted signs may shall not exceed one-half (%z) of the total aggregate sign permitted by this Ordinance. Single or double faced pylon pele signs shall have a maximum area of twenty-four (24) square feet and a maximum height of four (4) feet measured from grade to the top of the sign. a m•iRlmur eleaF height ef Re 49) feet and a maximum height ef fedtteeR 4443 feet fFem gFade: to the tilideF side ef the siva, Signage erected under this Section shall be in addition to the total permitted aggregate sign area. Pole signs are prohibited in these Districts. SECTION 16: That Section 13-2 of Zoning Ordinance No. 1891 be amended to read as follows: Section 13-2 Notification of Hearings A. The Board shall not vary or modify any regulation or provision of this Ordinance until a public hearing has been held. Notice of the public hearing shall appear in a newspaper of general paid circulation and at least fifteen (15) days prior to the hearing date. Net.Ee ef such heapiRg shall be given by mail to the owners of record of land lying within 375 feet of the property. The notice shall indicate the use, construction or alteration of which is proposed to be changed. SECTION 17: That Section 13-6, A-2, c of Zoning Ordinance No. 1891 be amended to read as follows: Section 13-6 A-2,c The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall begin or be completed or both. Notwithstanding the above, the applicant shall obtain a building permit within two (2) years from the date the Board approved the variance request. If a building permit has not been issued for the work or if the work has not commenced within the two (2) year period, then the applicant may request an extension of time for a period not to exceed one (1) year. Said request shall occur within the two (2) year period. If the building permit is not issued within the two (2) year period, or an extension of time is not granted then the original approval is void. If the request for an extension of time is within the two (2) year period, notice requirements as listed in Section 13-2 shall not apply; however, the request shall be placed on the agenda and a notice shall be placed in a paper of general paid circulation within fifteen (15) days of the public hearing date. 20 SECTION 18: That Section 16-2 of Zoning Ordinance No. 1891 is hereby amended to read as follows: Section 16-2 Petition for Changes and Amendments A. A petition for an amendment, supplement or change may he submitted to the Planning Director by the City Manager or upon an adopted motion of the City Commission Planning Board, Board of Adjustment, or the owners of a majority of frontage in any area. Said area shall contain not less than four hundred (400) feet of frontage on at least one aRy public street eF way or a parcel not less than eighty thousand (80,000) square feet. SECTION 19: That Section 24-6 of Zoning Ordinance No. 1891 be amended to read as follows: Section 24-6 Appeal A. The applicant may appeal a decision regarding Facade Review to the Board of Adjustment. Miami Beaeb PIaRRiRg geafd: Requests feF aR appeal befeFe the PIaRRIRg BeaFd shall be made te the PIaRRIRg BlFeeteF at least eight (83 buslRess days pFleF te the FIaRRtRg BeaF41s Fegula ly sebeduled meet+Rg: The FIaRRtRg 14eaFd shall make a deteFmiRatleR eR the appeal at that meet+Rg: SECTION 20: That Section 17-1 of Zoning Ordinance No. 1891 is hereby amended to read as follows: Section 17-1 Violations and Penalties A. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this Ordinance or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty ef a misdemeaReF and shall be liable te a f4Re ef Ret meFe than eRe theusand dellaFs ($17090:9613 brought before the Code Enforcement Board of the City of Miami Beach. The Code Enforcement Board may assess a fine and impose a lien to the maximum allowed by City Ordinance and Florida Statute or in the alternative, may be brought to the Dade County Court as a violation of municipal ordinance. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of these regulations shall be placed or shall exist, and any aFehlteet; bulldlRg; eeRtFaeteF agent, person, or corporation employed in connection therewith and who has assisted in the commission of any such violation may be guilty of a separate offense, and upon conviction, fined as hereinbefore provided. 21 SECTION 21: That Section 18-1, E-2, of Zoning Ordinance No. 1891 is hereby amended to read as follows: Section 28-1, E-2 Determination of Minimum Distance Separating Liquor Establishments When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of uses in question. This requirement may be waived upon the written certification by the Building Official and PlaRR4Rg gifeeteF that the minimum distance separation has been met. SECTION 22: That Section 31 of Ordinance No. 1891 is hereby created and shall read as follows: SECTION 31 LANDSCAPE STANDARDS 31-1 PURPOSE A. These regulations are designed to result in the placement of landscape materials in such a manner as to improve the overall appearance of certain highly visible, tourist, commercial and residential areas of the City, to protect and preserve landscape features; and, to enhance the value of property. 31-2 SCOPE OF REVIEW A. All elements of landscaping shall be selected for their functional value, aesthetic appeal and consistency with the City-wide Master Landscape Plan Manual as maintained by the Planning Department. Landscape plans shall be in compliance with the following criteria: 1. provision of shade and coolness; 2. enhancement of architectural features; 3. achievement of beauty and pride in the community; 4. separation of noncompatible uses or obtrusive elements; 5. amelioration of the impact of noise and light; 6. integration of any structures with adjacent body of water; and 7. preservation and protection of existing plant materials and energy conservation. 22 31-3 APPLICABILITY AND EXEMPTIONS A. Applicability. All building permits for new construction or additions to existing buildings when located in areas designated for design review pursuant to Section 23-3A, shall be subject to Landscape Plan Review. These standards shall be applicable to any landscape review conducted under the Conditional Use Process, any approval by the Planning Board, Board of Adjustment, or City Commission. Such review shall include but not be limited to parking decks, all required yards, decks associated with recreation facilities, or any open space areas that are visible to the public. B. Permits for demolition or wrecking shall require a landscape survey to insure that valuable existing trees are not damaged or destroyed; however, this requirement may be waived by the Planning Director. In the event a survey is waived, the applicant shall provide a detailed landscape narrative. C. Exemptions. Exemptions to these regulations include all the following provided no new construction and/or addition to existing buildings are required: 1. All permits for plumbing, heating, air conditioning, elevators, fire alarms, and extinguishing equipment, and other mechanical and electrical equipment. 2. Any permit necessary for the compliance with a lawful order of the Building Official, Fire Marshall, or Public Works Director including: a. Any permit necessary for the immediate public health or safety. b. All permits for interior alterations and repairs. 31-4 ELEMENTS OF THE LANDSCAPE PLAN A. Landscape elements shall include but not be limited to: 1. palms and trees; 2. shrubs, ground cover and lawn areas; 3. walls and wood fencing; 4. any non-living durable material commonly used in landscaping but not be limited to rocks, pebbles or sand; 5. sculptures and water features; 6. outdoor furniture such as benches and outdoor lighting; and 23 7. paving materials such as concete pavers, wood decking, and unit pavers. 31-5 LANDSCAPE PLAN SUBMISSION A. Prior to the issuance of a building permit, the Planning Department shall approve a preliminary landscape plan. During the course of construction, the Planning Department shall approve a final landscape plan that is in substantial conformance with the preliminary plan. The final plan shall at a minimum include the following: 1. location of existing vegetation by name and size, trees to remain, to be relocated, either on or off site, or to be removed; 2. location of all proposed landscape elements including botanical names common names, quantities, height, spread, spacing and grades; 3. all paving materials; 4. all site furnishings, such as benches, and planters; 5. mulching, fertilizing, staking, planting bed preparation; and 6. note the existence of irrigation system, if required. Prior to the issuance of a Certificate of Completion, Occupational License, or Certificate of Occupancy, the Planning Department shall review and approve the installed landscaping. 31-6 MINIMUM LANDSCAPE STANDARDS When the site is located in an area designated for Landscape review, the following shall apply: A. All districts except C-6 1. Surface/ground treatment. One (1) canopy tree or grouping of three (3) palms shall be provided for every twenty five (25) linear feet of frontage in a required yard abutting a public right-of-way. Where a driveway crosses a landscaped easement and a curb cut is provided, the driveway shall be paved with a hard surface material such as concrete, asphalt, or decorative unit pavers and shall have a clearly defined edge between paving and landscaped easement. Planting of trees in the right-of-way shall be consistent with the City-wide Master Landscape Plan. Any plantings located in the right-of-way including but not limited to trees, shrubs, ground cover, and sod shall be 24 maintained by the abutting property owner and approved by the Planning Department. 2. Hedges or other living barriers a. Required front yards. Hedges, ground cover, vines, and sod may be placed in the required yards. Hedges or other living barriers not associated with a fence or wall shall have a maximum height of five (5) feet. Hedges or other living barriers provided in concert with a fence or wall sahll not exceed a height of five (5) feet or the height of the permitted fence or wall; whichever, is greater. b. Required Interior or Side or Rear Yards Hedges shall not exceed seven (7) feet in height. Hedges installed along the interior side or rear boundary between a residential district and a commercial district may obtain a maximum height of ten (10) feet. c. Side or Rear Yards Abutting a Right-of-Way Hedges or other living barriers not associated with a fence or wall shall have a maximum height of five (5) feet. Hedges or other living barriers provided in concert with a fence or wall may reach a maximum height of five (5) feet or the height of the permitted wall or fence, whichever is greater. B. At Grade Parking Lots For the purpose of this section, the term "at grade" parking lot shall encompass automobile and commercial parking lots as described in Section 3-2 of the Ordinance. Notwithstanding the requirements in this section in no instance shall the required landscaped area be less than 20% of the total area. 1. Required landscaping adjacent to the public right of way shall be landscaped as follows: Landscaping to include one tree or grouping of three (3) palms for each forty (40) lineal feet or any fraction thereof. Such trees shall be located between the abutting right-of-way and parking lot area and shall be planted in a planting area of at least twenty-five (25) square feet with a minimum dimension of five (5) feet. In addition, a hedge, wall or other landscape barrier of at least three and one half (3Y2) feet in height shall be placed only along the right-of-way. If such barrier is of nonliving material, one 25 shrub or vine shall be planted abutting the barrier for each 10 linear feet. Such shrubs or vines shall only be planted between the property line and barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscape treatment excluding paving. Planting of trees in the right-of-way shall be consistent with the City-wide Master Landscape Plan. Any plantings located in the right-of-way including, but not limited to, trees, shrubs, ground cover, sod shall be maintained by the abutting property owner. Necessary accessways from the street through all such landscaping shall be permitted to service the parking lot and such accessways may be subtracted from the lineal dimension used to determine the number of trees required. 2. Perimeter Parking Adjacent to Side and Rear Property Lines The perimeter of parking areas abutting residential or commercial properties shall provide, at a minimum, a five (5) foot landscaped strip. The perimeter of the parking area shall also be screened with a wall or hedge or other durable landscape barrier. The height of the screening device shall not be greater then seven (7) feet nor less than three and one half (3Y2) feet. The height shall be determined by the Planning Department based on the proximity of the parking area to residential or commercial properties. All landscape areas along the perimeter of the parking areas abutting residential or commercial properties shall provide one (1) tree or cluster of three (3) palms for every fifty (50) lineal feet of property relating to an abutting property. 3. Parking Area - Interior Landscaping Parking areas shall provide a minimum of 5% of net interior area as landscaping. One (1) tree or grouping of three (3) palms with a clear trunk of at least five (5) feet shall be provided for each 100 square feet or fraction thereof of required landscaped area. Such landscaped areas shall be located and designed in such a manner as to divide and break up the expanse of paving. In instances where the strict application of this subsection will seriously limit the function of the parking area, the required landscaping may be located near the perimeter of the paved area. Such required interior landscaping shall be in addition to the perimeter landscaping requirements. Landscaped area shall require protection from vehicular encroachment. Car stops shall be placed at least three (3) feet from the edge of the paved area. The minimum paved area designated as the required parking space shall be as stated in Section 9 of this Ordinance. In no instance shall the landscaped area be included within the required parking space area. 26 C. Other Vehicular Use Areas Landscape requirements of vehicular use areas, such as service stations, are subject to regulations as stated in Section 31-6(B). Notwithstanding the requirements in this section, in no instance shall the required landscaped area be less than 20% of the total area. D. Parking Garages Parking garage requirements for landscaping use are subject to regulations as stated in Section 31-6(A) of this Ordinance. E. Landscape Requirements for Deck Areas, Plazas and Roof Areas Where all or a portion of a deck area, plaza or roof area is used for parking, that portion used for parking shall be landscaped pursuant to off street parking regulations set forth in Section 31-6(B) and as required below: 1. Deck areas, plazas, and roof areas used for parking within the subterranean level and open to the sky shall have trees planted in planting wells. Planting wells shall be a minimum of 25 feet in area with a minimum dimension of 5 feet. Required planting wells shall penetrate the deck, plaza, or roof area to existing grade. 2. Any deck areas, plazas and roof areas excluding balconies and open to the sky 50 feet or less shall have a minimum of one (1) shade tree or three (3) palms provided for each 700 square feet of such area. F. Visual Barriers for Swimming Pools Accessory swimming pools when located in a required front or side yard facing a public street shall be screened from public view by a hedge, wall or fence not less than five (5) feet in height. The hedge shall be planted and maintained so as to form a continuous dense row of greenery as per the requirements of this Section. The maximum height of the visual barrier shall be pursuant to Section 8-1, B-5. G. Dumpsters shall not be located within any required yard. They shall be within an enclosed area. H. Landscape Manual The selection of landscape materials shall be in substantial compliance with the City's Landscape Manual. The Planning Department shall maintain the manual and provide a copy to all applicants requesting approval of a landscape plan 27 pursuant to this Ordinance. All appeals regarding the interpretation of the Landscape Manual shall be to the Design Review Board. All other types of appeals shall be to the Board of Adjustment. SECTION 23: INCLUSION IN ZONING ORDINANCE NO. 1891. It is the intention of the City Commission, and it is hereby ordained that the provision 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 another appropriate word. SECTION 24: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 25: 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 of the remaining portions of this Ordinance. SECTION 26: EFFECTIVE DATE This Ordinance shall take effect ten (10) days after adoption, on September 29, 1984. PASSED AND ADOPTED this 19th day of September, 1984. ....---- l.,712.4„ MAYOR ATTEST: ......"1440.4."721,7/3414..." CITY CLERK RWP/JK/rg 4/26/84 5/22/84 6/26/84 1st Reading - September 5, 1984 2nd Reading - September 19, 1984 FORM p1ROVE iEGA . DEPARTMENT R 1,...... t .. - Iv I ,z cy s U Cd r-I •r-I 6\ rA Op ,11,--1 0 •1- 1•p 0 z•H ) o • U N H O 0 C7 z ni 0 H 0 4-i Fx -H O c v '17 in Z s4 +- O N H d0 az •rl 0 O 0 O 0,0ri 0 •H U 'C3 •r-I U N •� H