Ordinance 86-2511 ORDINANCE NO: 86-2511
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891;
PROVIDING FOR AN AMENDMENT TO SECTION 3-2, CREATING A
NEW DEFINITION ENTITLED "ARCHITECTURAL DISTRICT" AND
"OCEAN DRIVE PLAN"; CREATING SECTION 6-22 MIXED USE
ENTERTAINMENT DISTRICT WHICH IS DESIGNATED TO
ENCOURAGE LOW RISE HOTEL AND APARTMENT
REHABILITATION AND NEW CONSTRUCTION THAT IS
CONSISTENT WITH THE "OCEAN DRIVE: A PLANNING AND
URBAN DESIGN STRATEGY" AS ADOPTED BY THE CITY
COMMISSION; THAT SAID REGULATIONS AFFECT PROPERTIES
WITHIN AND ABUTTING THE FOLLOWING AREAS: 5TH TO 15TH
STREETS ON OCEAN DRIVE, 6TH TO 16TH STREETS ON COLLINS
AVENUE, AND 15TH STREET FROM OCEAN DRIVE TO COLLINS
AVENUE; THAT SAID REGULATIONS INCLUDE DEVELOPMENT
STANDARDS PERTAINING TO PERMITTED AND ACCESSORY
USES, FLOOR AREA RATIO, DENSITY, LOT COVERAGE,
PARKING, MAXIMUM PERMITTED BUILDING HEIGHT, SETBACKS;
PROVIDING FOR AN AMENDMENT TO SECTION 11 PERTAINING
TO SIGN REGULATIONS IN THE MIXED USE ENTERTAINMENT
DISTRICT: PROVIDING FOR ALL APPLICATIONS FOR A
BUILDING PERMIT BE REVIEWED BY THE DESIGN REVIEW BOARD
PURSUANT TO SECTION 21 OF THE ZONING ORDINANCE;
REQUIRING SIGNS, FENCES AND WALLS BE PLACED UNDER
DESIGN REVIEW AND PERMITTING THE PLANNING DIRECTOR TO
CONSIDER SAME PURSUANT TO THE SPECIAL REVIEW
PROCEDURES; PROVIDING FOR AN AMENDMENT TO THE CITY'S
OFFICIAL ZONING MAP BY EXCLUDING LAND (SEE ATTACHED
MAP AND LEGAL DESCRIPTION) FROM THE RM-125 MULTIPLE
FAMILY HIGH DENSITY DISTRICT, AND C-PS2, GENERAL MIXED-
USE COMMERCIAL PERFORMANCE STANDARD, AND INCLUDING
SAME IN THE MIXED USE ENTERTAINMENT DISTRICT;
PROVIDING FOR AN AMENDMENT TO SECTION 22-4,
CONCERNING POWERS AND DUTIES OF THE HISTORIC
PRESERVATION BOARD; PROVIDING FOR AN AMENDMENT TO
SECTION 7 PERTAINING TO OFFICES IN THE RM-60 PORTION OF
THE ARCHITECTURAL DISTRICT; AND AMENDING SECTION 22-5
BY DESIGNATING THE FOLLOWING AREAS AS LOCAL HISTORIC
DISTRICTS: RM-60/HPD-1 PROPERTIES ABUTTING ESPANOLA
WAY FROM COLLINS AVENUE TO JEFFERSON AVENUE AND
MXD/HPD-2 PROPERTIES ABUTTING OCEAN DRIVE FROM 5th to
15th STREETS AND COLLINS AVENUE FROM 6th to 16th STREETS,
EXCLUDING THE SOLYMAR/WHITE HOUSE PROPERTY:
PROVIDING FOR INCLUSION WITHIN THE ZONING ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
Bashed Weds = Deleted Language
Underlined Words = New Language
Sections 6 - 22 = New Language
Section 1: That Section 3 and Subsection 3-2 of Ordinance No. 1891 is hereby amended to
read as follows:
3-2 ARCHITECTURAL DISTRICT: That area listed on the National Register of Historic
Places, as of May 14, 1979, in accordance with the National Preservation Act of 1966
as amended and in the Florida Master Site File under number 8-DA 1048 as the "Miami
Beach Architectural District".
OCEAN DRIVE PLAN: The document prepared by the City of Miami Beach Planning
Department, adopted by the City Commission on February 6, 1985 and officially titled
"Ocean Drive: A Planning and Urban Design Strategy".
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Section 2: That Section 22, Subsection 22-4, A-5 of Ordinance No. 1891 is hereby amended
to read as follows:
22-4 HISTORIC PRESERVATION BOARD
There is hereby created a Miami Beach Historic reservation Board for the purposes of
carrying out the provisions of this Section. The Board shall have the authority to
recommend the designation of areas, places, buildings, structures, landscape features,
archeological sites and other improvements or physical features as individual sites,
districts or archeological zones that are significant to the City's history, architecture,
archeology or culture, or possess an integrity of location, design, setting, material of
workmanship in accordnace with the goals of this Section.
A. Powers and Duties - The Board shall:
1. Recommend to the Planning Board and City Commission the designation of
historic sites or districts;
2. Prepare and recommend for adoption specific guidelines for each
designated site or district to be used to evaluate the appropriateness and
compatibility of proposed alteration or development within designated sites
or districts;
3. Issue or deny Certificates of Appropriateness and Certificates to Dig, in
accordance with procedures specified in this Section;
4. Promote the preservation of historic properties by granting special
incentives to property owners in accordance with law, including but not
limited to transfer of development rights, floor area bonuses, special use
exceptions, and by administering financial assistance, loans and grants;
5. The Historic Preservation Board shall have the aatherity te waive with AF
witheHt eeRdttieRs the parking; setback; height; signage; density and €leer
area Fatie requirements ef the underlying wing district e€ these
preperties designated as an histerie site er district: advise the Zoning
Board of Adjustment with regard to variances associated with properties
designated as an historic site or within a local historic district. The
Beard shall. have the specific autheFity; notwithstanding any ether
previsions ef the City Cede; te grant ewRerst 443 a maximum ef 23%
increase in maximum permitted Peer area ratiet 423 the right te eperate
aeeessery commercial use establishments within the designated structures:
The Zoning Board of Adjustment, in consideration of the Historic
Preservation Board's recommendation, shall only grant approval ef #4 and
#2 abeve te preperty ewners in eeR}HRetieR with an applicatieR ler a
Certificate ef Appropriateness establishing that physical imprevemeRts
will result in significant histerie rehabilitation; renevatieR OF preseFvatien
approve variances when the work will result in the restoration of structures
in a manner that is substantially consistent with the United States
Secretary of the Interior's Standards as amended. IR exercising this
autherity granted in this prevision. the Beard shall- utilise the standards
established iR Seetien 47-64A4(23 ef the Ordinance:-
6.
rdinance:6. The Historic Preservation Board shall have the authority to grant
Certificates for Transfer of Development Rights (TDR) to property owners
of individual sites or owners of properties within districts designated as an
historic site or district. The exercise of this authority shall be in
accordance with the criteria for Transfer of Development Rights as shall
be enacted by the City Commission;
7. Facilitate the redevelopment of historic sites and districts by directing the
Department of Planning to provide advisory and technical assistance to
property owners, applicants for Certificates of Appropriateness and other
City departments;
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8. The Board shall make and prescribe by-laws and application procedures
which are reasonably necessary and appropriate for the proper
administration and enforcement of the provisions of this chapter. Such
rules and regulations shall conform to the provisions of this Section and
shall not conflict with the Constitution and general laws of the State of
Florida, the South Florida Building Code, except as provided in Section 22
of this Ordinance, and shall govern and control procedures, hearings and
actions of the Board. No such rules and regulations shall become effective
until a public hearing has been held upon the proposed rules and regulations
and any amendments or modifications thereto, and filed with the Clerk of
the Commission. The Board shall prescribe forms for use by applicants in
compliance with the provisions of this Section The Board may authorize
any one of its members to administer oaths and certify to official acts.
Section 3: That Section 22, Subsection 22-5, C-4 of Ordinance No. 1891 is hereby amended
to read as follows:
4. All sites and districts designated as historic sites and districts shall be
delineated on the City's zoning map pursuant to Section 23-10(c) of this
Ordinance as an Overlay District. Such sites and districts include:
a. MU/HPS-1:Old City Hall - 1130 Washington Avenue
Block 23, Ocean Beach Addition No.3, as recorded in Plat Book 2, at
page 31 of the Public Records of Dade County, Florida.
b. CCC/HPS-2: 21st Street Recreation Center - 2100 Washington
Avenue
Beginning at intersection of west right of way of Washington Avenue
and south boundary of Collins Canal in Section 27, Range 42 east,
Township 53 south, from point of beginning, then south 510 ft.; west
165 ft.; north 45 degrees to west 115 ft.; north 160 ft.; west 140 ft.;
north 70 ft.; northeast along south boundary of Collins Canal, 435 ft.
to point of beginning.
c. C-5, RM-60/HPD-1. All properties fronting or abutting Espanola
Way, including all of Blocks 2-A and 2-B Espanola Villas, Blocks 3-A,
3-B, 4-A, 4-B, 5-A, 5-B, 6-A, 6-B, 7-A and 7-B, First Addition to
Espanola Villas, and lots 1 - 4, a re-subdivision of that unnumbered
tract lying west of Blocks 7-A and 7-B and Espanola Way in First
Addition to Espanola Villas.
d. MXD/HPD-2: Ocean Drive from 5th to 15th Streets and Collins
Avenue from 6th to 16th Streets and 15th Street from Ocean Drive
to Collins Avenue, excluding the following parcels of land:
Lots 1 through 4 of Harrison & Hayes Subdivision; also,
Those portions of Lots 1 and 2, Block 77, Fishers 1st Subdivision of
Alton Beach lying east of the easterly boundary of Ocean Drive; also,
That tract of land beginning at the northeast corner of Block 77,
Fishers 1st Subdivision of Alton Beach thence running northeasterly
35.49', continuing the easterly line of Block 77, Fishers 1st
Subdivision of Alton Beach, thence easterly to the established
bulkhead line, thence southwesterly following the established
bulkhead line to the northeast corner of Lot 1, Harrison & Hayes
Subdivision, thence westerly along the northerly line of Lot 1,
Harrison & Hayes Subdivision to the southeast corner of Block 77,
Fishers 1st Subdivision of Alton Beach, thence northeasterly 101.4'
along the easterly line of Block 77, Fishers 1st Subdivision of Alton
Beach to the point of beginning.
Section 4: That Section 6 Subsection 6-22 of Ordinance No. 1891 is hereby created to read
as follows:
6-22 MIXED USE ENTERTAINMENT DISTRICT
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A. District Purpose - These regulations are designed to encourage the substantial
restoration of existing structures and allow for new construction in accordance
with the City's guidelines as presented in the Ocean Drive Plan as adopted by
the City Commission and shall substantially comply with the U.S. Secretary of
the Interior Standards for Rehabilitation of Historic Buildings as amended.
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:
1. Hotel
2. Apartment
3. Apartment/Hotel
4. Mixed Use buildings are only permitted on Ocean Drive between 5th and
15th Street and may have any combination of retail, office (medical or
dental related offices are prohibited), dwelling or sleeping units based upon
the following mandatory criteria:
a. The building shall be substantially rehabilitated and comply with the
building, fire and design recommendations as listed in paragraph 6-
22,C.
b. The building shall contain no more than two stories on two platted
lots, unless it has a courtyard that is open to the sky, with or without
a translucent roof and surrounded by a structure on all four sides.
New additions within the required setback area are permitted.
c. The building shall contain a night club, cabaret, bar, outdoor cafe or
restaurant on the ground floor and/or on the porch, if one exists. The
minimum seating requirement shall not be less than required by State
statutes regulating liquor licenses for businesses .
d. Off-street parking shall be provided for the floor space associated
with offices and retail uses in compliance with the requirements of
Section 9. The alternate parking provisions as listed in Section 6-22,
E-4d (1-2), are not applicable for office or retail uses.
e. There shall be no more than one mixed use building per block.
C. Accessory Uses - Properties having a property line on Ocean Drive from 5th to
15th Street or 15th Street between Collins Avenue and Ocean Drive, or
properties on the east side of Collins Avenue from 15th to 16th Streets, shall be
permitted to have accessory uses listed below only if the renovation plans for the
building indicate that the entire structure shall conform to the South Florida
Building Code, the the City's Minimum Housing and Commercial Properties
Standards, and National Fire Prevention Administration Code. If the plans do
not indicate such level of work, then accessary uses are not permitted. All
construction shall be done in a manner that is substantially consistent with the
design recommendations in the Ocean Drive Plan and the U.S. Secretary of
Interior Standards for Rehabilitation of Historic Buildings as amended. The
location of entrances, exits and signage are subject to approval by the Design
Review Board and are not regulated in Section 7-2.
1. Permitted Accessary Uses in Hotels:
a. Those accessory uses that are customarily associated with the
operation of a hotel. The amount of retail space shall not exceed 75
sq. ft. per sleeping unit;
b. Hotels may have offices not associated with the operation of a hotel;
however, the ground floor space and porch, if one is present, shall
contain one of the following: night club, restaurant, outdoor or
indoor cafe. The floor space associated with offices shall not exceed
35 sq. ft. per hotel unit; Medical or dental related offices are
prohibited;
c. Restaurants, outdoor cafes, sidewalk cafes;
d. Solarium, sauna, exercise studio, health club or massage service by an
individual licensed by the State of Florida ,or other appropriate
agencies;
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e. Antiques, bookstore, art/craft galleries, artist studios;
f. Alcohol beverage sales as per Section 14 of this Ordinance;
2. Permitted Accessory Uses in Apartment/Hotels:
a. Apartment hotels may have the same accessory uses as hotels if a
minimum of 75% of the total number of units are sleeping units; and
b. Accessory uses for apartment buildings as listed in Section 6-22, C-3
3. Permitted Accessory Uses In Apartment Buildings.
a. Sundry shops shall be limited to the sale of tobacco and tobacco
products, magazines, newspapers, candies, sodas, suntan oils, patent
medicines, milk, bread, eggs, tea and coffee or similar items. The
total aggregate floor area shall not exceed 35 sq.ft. per dwelling unit.
b. Restaurants, outdoor cafe, sidewalk cafes with alacholic beverqge
sales or the Section 14 of this Ordinance.
c. Solarium, sauna, exercise studio, health club or massage service by an
individual licensed by the State of Florida or other appropriate
agencies;
When not addressed below, the regulation of accesory uses for properties on Collins
Avenue from 6th to 15th Streets and on the west side of Collins Avenue from 15th to
16th Streets shall be pursuant to Section 7-2 and 7-3B of this Ordinance.
1. Offices are permitted to comprise a maximum of 50% of the floor area of
the building. However, those offices that are medical or dental related are
prohibited.
2. The building shall be listed as a Contributing Structure on the National
Register for Historic Places Nomination Form or on the Miami Beach
Historic Properties Data Base as maintained in the Planning Department.
3. Renovation plans for the building shall indicate that the entire structure
shall conform to the South Florida Building Code, National Fire Prevention
Administration Code, the City's Minimum Housing and Commercial
Property Standards.
4. Architectural plans shall substantially comply with the U.S. Secretary of
the Interior Standards for Rehabilitation of Historic Buildings as amended.
This determination shall be made by the Planning Director and prior to the
issuance of a building permit.
5. These regulations shall only apply to existing structures. Office space
located in new structures is prohitibed.
6. The minimum floor area of a dwelling unit shall be 400 sq. ft. while the
average of all the dwelling units shall be 600 sq. ft. Sleeping units shall
have at least 400 sq. ft.
7. Failure to comply with each of the regulations shall automatically result in
a denial of the application.
8. For purposes of this section, Conditional Uses shall be considered an an
accessory use to hotels and reviewed pursuant to the procedures as listed in
Section 7. The following are Conditional Uses: outdoor cafes, nightclubs
or restaurants. Bars and cabarets are prohibited. Buildings which have
Conditional Uses must comply with the South Florida Building Code, the
City's Housing and Commercial Property Standards, and National Fire
Prevention Administration code and the U.S. Secretary of Interior
Standards for Rehabilitation of Historic Buildings as amended. The above
list of Conditional Uses are not required to meet the provisions as listed in
Section 7-2 and 7-3B of this Ordinance.
D. Design Review Process - No building permit shall be issued unless the
architectural plans were approved under the City's Design Review Board
procedures. The decision to approve the project shall be based upon a
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determination that the architectural plans comply with the criteria as set forth
in Section 21 of this Ordinance, consistent with the Ocean Drive Plan and
substantial compliance with the U.S. Secretary of the Interior Standards for
Rehabilitation of Historic Buildnigs as amended.
E. Development
1. Floor Area Ratio - 1.0; however, the Design Review Board may approve a
development with a maximum floor area ratio of 3.0 if the project reflects
an exceptional achievement in urban design based upon the design
guidelines as presented in Ocean Drive Plan and the U.S. Secretary of the
Interior Standards for Rehabilitation of Historic Buildings as amended. The
specific bonus shall be based on the below formula:
Lowest permitted F.A.R. 1.0
Architectural Elements Bonus pts upt to
- construct a front porch the full
width of the building 0.5 pts
- design building to have the same
window/floor heights as typicall
constructed on the street 0.5 pts
- utilize similar building materials
(stucco surface, pipe railings,
windows, etc.) 0.25 pts
- maintain scale and building mass,
stagger height above three floors,
repeat rythm of building widths 0.5 pts
- utilize tropical landscape to reduce
impact of the building 0.25 pts
Maximum permitted F.A.R. 3.0
2. Density and Lot Coverage - None
3. Minimum Floor Area Per Unit
OCEAN DRIVE COLLINS AVENUE
MIN. AVG. MIN. AVG.
TYPE SIZE SIZE SIZE SIZE
Sleeping Unit 200 s.f. N/A 400 s.f. N/A
Dwelling Unit 400 s.f. 600 s.f. 400 s.f. 600 s.f.
N/A = not applicable MIN. = minimum AVG. = average s.f.= square foot
4. Required Parking For Primary or Accessory Uses
a. Sleeping Unit - one (1) space per two units.
b. Dwelling Unit - one (1) space per unit.
c. Accessory Uses - Except for meeting rooms, conference rooms,
ballrooms, banquet rooms, nightclubs or similar uses, the parking
requirements shall be one-half (1/2) of the requirement as listed in
Section 9 of this Ordinance. The requirement for meeting rooms,
banquet rooms, conference rooms, nightclubs or similar uses shall be
determined by the maximum occupancy calculation based on a
standard of one (1) space per fifteen (15) square feet of available
floor area for seating.
d. If parking facilities are not provided on site, one or more of the
following methods may be used to satisfy the parking requirements as
listed in Section 9 of this Ordinance:
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(1) Provision of the required parking spaces may be substituted
through the payment of an impact fee. The fee is based on the
prevailing cost of parking decals. The impact fee formula is
one decal (cost of) equals two required parking spaces.
Payment shall be in the form of cash in lieu of parking decals -
one space equals the cost of one decal. Funds generated in this
manner shall be deposited in a City account specifically
established to provide parking and related improvements in the
Ocean Drive area. The first payment shall be received prior to
the issuance of a building permit; however, the effective date
of the first payment shall commence upon the issuance of a
Certificate of Occupancy or Occupational License whichever is
earlier and be valid for one (1) year. The second and subsequent
payments shall be received annually on the anniversary of the
date the Certificate of Occupancy or Occupational License
(whichever is earlier) was received.
Funds generated in this manner shall be deposited in a City
account specifically established to provide parking and related
improvements in the Ocean Drive area.
(2) A joint venture agreement with the City or a private individual
in which a designated number of parking spaces in a parking
facility is specifically reserved for use by the applicant.
Agreements regulating privately owned parking facilities shall
be approved by the City Commission. All such agreements shall
be filed against the property and recorded in the Circuit Court.
(3) Required parking may be provided on a valet basis in at-grade
lots pursuant to the setback requirements as listed in paragraph
7 of this subsection.
Should alternative number one above be selected, the applicant has a
two year moratorium on payments measured from the date the
certificate of occupancy or certificate of use is issued. Should
alternative number two or three be selected, a Certificate of
Occupancy or Occupational License shall not be issued until the
parking spaces are provided.
.5. For purposes of Paragraph 6, 7, and 8 below, the term "Oceanfront Building
or Lot" shall apply to any building or lot adjacent to the beach and having
an Erosion Control Line as a property line. Any building or lot that does
not have an Erosion Control Line as a property line shall be considered as a
"Non-Oceanfront Building or Lot".
6. Maximum Building Height - 100 feet for non-oceanfront buildings and 150
feet for oceanfront buildings.
7. Setbacks For Non-Oceanfront Buildings
a. Front Yard
(1). Zero setback if the building is 40 ft. in height or less and
includes a 20 ft. deep covered front porch running substantially
the full length of the building front to be used for seating in
association with indoor/outdoor cafes, bars, nightclubs,
restaurants or cabarets.
(2) 20 ft. setback if the building does not include a front porch as
described above or is greater than 40 ft. in height.
(3) For those buildings greater than 40 ft. in height, a one-story
front porch as described in a(1) above may be constructed within
the front yard setback.
b. Interior Side Yard shall be determined as indicated below:
(1) Buildings less than 40 ft. in height - each interior side yard shall
be 10% of the lot width.
(2) Buildings greater than 40 ft. in height - each interior side yard
shall be 15% of the lot width.
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(3) Side yards facing a street shall have a setback of 10% of the lot
width plus 5 ft.
c. Rear yard - 10 ft.
d. Subterranean - 0 ft., for that portion of the structure below grade.
Otherwise the setback shall be as indicated above.
e. Setback requirements for parking lots shall be provided as setforth
above and not as listed in Section 10 of this Ordinance.
8. Required Setbacks For Oceanfront Buildings
a. Front 50 ft.; however sculptures, fountains or architectual features
when approved by the Design Review Board are permitted in the
required front yard.
b. Interior side-15% of the lot width; side facing a street-15% of the lot
width plus 5 ft.
c. Rear - as listed in Section 8-C of this Ordinance and MF-1.
d. Subterranean - 0 ft. for that portion of the structure below grade.
Otherwise the setback shall be the same as indicated above.
Section 5: That Section 11, Subsection 11-23 of Ordinance No. 1891 is hereby created to
read as follows:
11-23SIGNS PERMITTED IN THE MIXED USE ENTERTAINMENT DISTRICT:
1. Flat and marquee signs which indicate primary or accessary uses are permitted;
all other types of signage and copy is prohibited.
2. Flat and marquee sign regulations:
a. The design and copy of all signage shall be compatible with the
architecture of the building and be substantially compatible with the design
recommendations in the Ocean Drive Plan and the U.S. Secretary of
Interior Standards for Historic Buildings as amended.
b. The architectural detailing of the building shall not be obscured by signage;
however, this section is not intended to prevent signage on buildings where
architectural elements were intended for such signage. The maximum
permitted signage shall be determined by the Design Review Board, but
shall not exceed the available space for signage as provided for or within
the architectural detailing.
c. There shall be only one (1) sign per street frontage indicating the principle
use and one (1) sign per street frontage indicating accessory uses.
d. With the exception of item 11-2, 3-2b above, the maximum size of a sign
indicating the presence of a principle use shall not exceed 40 sq. ft. The
maximum area of accessory use signage shall not exceed one-half (V2) of the
size of the principle use sign.
e. Signs indicating the presence of office space on Collins Avenue shall be
limited to one sign per street frontage with an area not exceeding 8 sq. ft.
The sign shall only be permitted on the building.
Section 6: That Section 21 Subsection 21-3A of Ordinance No. 1891 is hereby amended to
read as follows:
21-3 APPLICABILITY AND EXEMPTIONS
A. Applicability
All building permits pertaining to the exterior of a building or structure for new
construction, alterations or additions to existing buildings, including fences,
parking lots, walls and signage whether new or change of copy, within the
following design review areas shall be subject to review by under the Design
Review BeaFd procedures. No building permit shall be issued without the express
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written approval by the Design Review Board or as otherwise provided for in
these regulations for the following areas:
1. Stnaeta1e eF 191444d41g 4eeated Between the oceanfront bulkhead line and
the erosion control line;
2. Stpuetaie eF batldtRg Within the fifty (50) foot bulkhead rear yard setback
for oceanfront lots;
3. StFueta*e eF baildtRg Within the Mixed Use Entertainment District (MXE),
Marine Districts (MD) I and II, the Municipal Use (MU) District, and
Convention Center (CCC) District, except for the following projects which
have been either conceptually approved and submitted to the City
Commission for consideration prior to the effective date of this subsection;
The Convention Center Expansion, Theater of the Performing Arts (TOPA),
Miami Beach Marina, South Pointe Park and Specialty Restaurant, Island
View Park, Police and Justice Center, 21st Street Recreation Center and
Fire Station No. 2;
4. Any City owned structure or building regardless of the zoning district
classification; and,
5. ARy use stFuetaFe eF ba ldtRg 44eeated Within a designated redevelopment
area.
Section 7: That Section 21, Subsection 21-5'of Ordinance No. 1891 is hereby amended to
read as follows:
21-5F SPECIAL REVIEW PROCEDURE
For minor work that is visible from a public way or work which affects the exterior of
the building which is associated with alterations and additions to existing buildings; or
the construction, repair or alteration of new or existing walls, at-grade parking lots,
fences and signage including change of copy, the Planning Director or his designated
representative, upon the written authorization of the Chairman of the Design Review
Board, shall have the authority to approve, approve with conditons or deny an
application on behalf of the Design Review Board. Appeal of the Planning Director's
finding shall be to the Board and scheduled at the next regular meeting date.
Section 8: That Section 7 Subsection 7-3B of Ordinance No. 1891 is hereby created to read
as follows:
7-3B
Professional office space as defined in paragraph one (1) below, if located on the
ground floor of a building in the RM-60 portion of the Architectural District, may be
considered pursuant to the Conditional Use process and guidelines: .
1. Professional offices such as architect, attorney, certified public accountant,
interior design. Other offices may be considered based upon the below criteria:
a. Number of employees
b. Frequency of client visits
However, medical and dental related offices are prohibited.
2. The building is listed as a Contributing Structure on the National Register for
Historic Places Nomination Form or on the Miami Beach Historic Properties
Data Base as maintained in the Planning Department.
3. Office space shall occupy no more than 25% of the ground floor area. Offices
are not permitted elsewhere in the building.
4. Renovation plans for the building shall indicate that the entire structure shall
conform to the South Florida Building Code, National Fire Prevention
Administration Code, and the City's Minimum Housing and Commercial Property
Standards.
5. Architectural plans shall substantially comply with the design guidelines
presented in the U.S. Secretary of the Interior Standards,for Rehabilitation of
Historic Buildings as amended.
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6. These regulations shall only apply to existing structures. Office space located in
new structures is prohibited.
7. The dwelling units shall have an average floor area of 600 sq. ft, and no dwelling
unit shall be less that 400 sq. ft.
8. One sign indicting the presence of the accessory use shall only be permitted on
the building exterior with a sign area not to exceed two (2) sq. ft.
9. The building shall occupy no more than one platted lot.
10. The parking requirements for commercial space shall be pursuant to Section 6-
22, E-4 or provided on-site based upon the requirements as listed in Section 9.
However, all existing parking spaces shall be retained on the lot.
11. Failure to comply with each of the regulations shall automatically result in a
denial of the application.
Section 9: That Section 23, Subsection 23-10 of Zoning Ordinance No. 1891 is hereby
amended to read as follows:
23-10 MAPS
Designation of Zoning Districts, MF Districts, Overlay Zones on the Official Zoning Map.
The Official Zoning Map shall indicate the location of Zoning Districts, MF Districts and
Overlay Zones. The below table explains the symbols used for each designation:
A. Explanation of Symbols
ZONING DISTRICTS
Symbol Use Density (U/A)
RS-1 Single Family Residential as specified
RS-2 `Ingle Family Residential as specified
RS-3 Single Family Residential as specified
RS-4 Single Family Residential as specified
RM-14 Multiple Family Low Density 14
RM-24 Multiple Family Medium Low Density 24
RM-60 Multiple Family Medium Density 60
RM-100 Multiple Family Medium High Density 100
RM-125 Multiple Family High Density 125
PUD Planned Unit Development Res. District as specified
C-1 Neighborhood Business 60
C-2 General Office 100
C-3 Central Business 125
C-4 Business 125
C-5 General Business 100
C-6 Intensive Commercial -0-
RH Hospital District -0-
MR Marine Recreational -0-
MU Municipal Use -0-
10
HM Hotel-Motel 220
CCC Convention Center District as specified
MD-1 Marine District -0-
MD-II Marine District -0-
NH Nursing Home District as specified
R-PS1 Residential Medium Low N/A
R-PS2 Residential Medium Density N/A
R-PS3 Residential Medium High Density N/A
R-PS4 Residential High Density N/A
C-PS1 Commercial Limited Mixed Use N/A
C-PS2 Commercial General Mixed Use N/A
C-PS3 Commercial Intensive Mixed Use N/A
C-PS4 Commercial Intensive Phased Bayside Mixed Use N/A
MXE Mixed Use Entertainment District N/A
Note:Except as otherwise provided in Section 6-16, all city owned properties are zoned MU
although they may not be designated on the map.
N/A - means not applicable
As specified - means refer to the specific zoning district for density regulations.
Section 10: That the following parcel of land (see attached map) bounded on the south by 5th
Street from Ocean Drive to Ocean Court and 6th Street from Ocean Court to Collins Court,
on the west by Collins Court, on the north by 16th Street, and on the east by Ocean Drive, is
hereby excluded from the RM-125 Multiple Family High Density District and C-PS2,
Commercial Performance Standard, and is included in the Mixed Use Entertainment
District, and that the corresponding MF District regulations for this area is hereby excluded
except for as provided in Section 6-22, E-8. This includes: (see attached map-references to
streets, drives, and courts mean to the centerline):
All of blocks 11, 12, 13, and Lots 1 through 10 of Block 34, Lots 1 through 8 of Block
33, Lots 1 through 8 of Block 32, all in Ocean Beach Addition #1; also,
All of Blocks 14, 15, 16, 17, 18, 19, and Lots 1 through 8 of Block 31, Lots 1 through 8
of Block 30, Lots 1 through 7 of Block 29, Lots 1 through 8 of Block 28, Lots 1 through
8 of Block 27, Lots 1 through 9 of Block 26, all in Ocean Beach Addition #2; also,
Lots 1, 2, and east 17.5' of Lot 3, all less the north 8.65' of Block 2-B, and Lots 1 and 2
of Block 2-A, all in Espanola Villas Subdivision; also,
Lots 5 through 12 of Harrison & Hayes Subdivision; also,
All of Block 56, and Lots 1 through 7 of Block 57, all in Fishers 1st Subdivision of
Alton Beach; also,
Lots 1 and 2 of Block 76, and that part of 15th Street closed lying north of Lots 1 and
2 of Block 76, beginning at the north east corner of Block 76, thence running westerly
along the northerly line of Block 76, 155.21', then north perpendicular to the northerly
line of Block 76, 145.0' to a point bisecting the eastern lot line of lot 19, Block 57,
then 75.0' west, then 145.0' south, then east 230.21' back to the point of beginning; all
in Fishers 1st Subdivision of Alton Beach; also,
Lots 3 and 4, and part of Lots 1 and 2 west of Ocean Drive extended Block 77,
beginning at a point on the northerly line of Block 77, 116.05' east of north west corner
of Block 77, thence running southerly 100' thence east 116.05' thence northerly along
the westerly line of Ocean Drive 100' thence westerly along the northerly line of Block
77, 116.05' to point of beginning, all in Fishers 1st Sub. of Alton Beach; also,
s
11
•
Part of Lots 1 to 4 west of Ocean Drive extended Block 77, beginning at point on
northerly line Block 77, 116.05' east of northwest corner Block 77, thence running
southerly 100', thence east 116.05' thence northerly along westerly line Ocean Drive
100', thence westerly along northerly line Block 77, 116.05' to point of beginning; all in
Fishers 1st Subdivision of Alton Beach; also,
Lots 1 through 4 of Harrison & Hayes Subdivision; also,
Those portions of Lots 1 and 2, Block 77, Fishers 1st Subdivision of Alton Beach lying
east of the easterly boundary of Ocean Drive; also,
That tract of land beginning at the northeast corner of Block 77, Fishers 1st
Subdivision of Alton Beach thence running northeasterly 35.49', continuing the easterly
line of Block 77, Fishers 1st Subdivision of Alton Beach, thence easterly to the
established bulkhead line, thence southwesterly following the established bulkhead line
to the northeast corner of Lot 1, Harrison & Hayes Subdivision, thence westerly along
the northerly line of Lot 1, Harrison & Hayes Subdivision to the southeast corner of
Block 77, Fishers 1st Subdivision of Alton Beach, thence northeasterly 101.4' along the
easterly line of Block 77, Fishers 1st Subdivision of Alton Beach to the point of
beginning.
Section 11:INCLUSION IN ZONING ORDINANCE NO. 1891
It is the intention of the City Commission, and it is hereby ordained that the provisions of
the Ordinance shall become and be made a part of the City of Miami Beach Zoning
Ordinance No. 1891 as amended; that the section 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 12:REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 13:SEVERABILITY. If any section, subsection, 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 14:EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after adoption,
on August 2 , 1986.
PASSED AND ADOPTED this 23rd day of July , 1986.
Oece_tri
MAYOR
ATTEST:
%/L/ FUM APPROVED
City Clerk LEGAL DEP
1st Reading - July 9, 1986
2nd Reading - July 23, 1986
RWP:JK:rw:cmf
�y�11.
7/1/86
Zoning Ord Prop.
PLANNING BOARD SUBCOMMITTEE
Keith Kovens
Neisen Kasdin
Norman Frank
HISTORIC PRESERVATION BOARD SUBCOMMITTEE OCEAN DRIVE PROPERTY OWNERS ASSOC.
Dorris Meyers Keith Swenson
Nancy Liebman Jack Nomkin
Les Beilinson Sandra Cook
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