Ordinance 90-2718 ORDINANCE NO. 90-2718
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665;
1. AMENDING SUBSECTION 6-25 ENTITLED "SUPPLEMENTARY YARD
REGULATIONS", CLARIFYING DOCK PROJECTIONS, AND CLARIFYING TYPE OF
BUILDING AND LOCATION OF SATELLITE DISH ANTENNAS;
2. AMENDING SUBSECTION 7-2 ENTITLED "OFF-STREET PARKING REQUIRED"
BY CREATING PARKING CRITERIA FOR HOTEL ACCESSORY USES;
3. AMENDING SUBSECTION 7-4 ENTITLED "INTERPRETATION OF OFF-STREET
PARKING REQUIREMENTS" BY CLARIFYING HOW SPACES ARE ROUNDED OFF;
4. AMENDING SUBSECTION 7-5 ENTITLED "DESIGN STANDARDS" CLARIFYING
THE DIMENSIONS OF SPACES;
5. AMENDING SUBSECTION 7-8 ENTITLED "PARKING CREDIT SYSTEM" BY
ALLOWING PARKING CREDITS IN THE MXE, MIXED USE ENTERTAINMENT
DISTRICT;
6. AMENDING SUBSECTION 7-9 ENTITLED "SURPLUS AND UNDERUTILIZED
PARKING SPACES" BY MODIFYING THE APPLICATION FEE;
7. AMENDING SUBSECTION 7-11 ENTITLED "VALET PARKING" BY ALLOWING
MULTI-FAMILY BUILDINGS TO PROVIDE VALET SPACES;
8. AMENDING SUBSECTION 9-2 ENTITLED "GENERAL SIGN REGULATIONS" BY
ALLOWING MAIN PERMITTED SIGN TO BE LOCATED ON THE WINDOW WITH
CONDITIONS;
9. AMENDING SUBSECTION 9-3 ENTITLED "SIGNS AND SIGN DEVICES
PROHIBITED" BY ADDING REFERENCE TO RELATED SUBSECTION 9-4;
10. AMENDING SUBSECTION 9-4 ENTITLED"TEMPORARY SIGNS" BY INCLUDING
BANNERS;
11. AMENDING SUBSECTION 16-7 ENTITLED "POWERS AND DUTIES" OF THE
BOARD OF ADJUSTMENT BY CLARIFYING VARIANCE RESTRICTIONS;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; 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:
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Sktlk'aro = new language
Strike out = deleted language
SECTION 1. That Subsection 6-25 of Zoning Ordinance No. 89-2665 entitled "Supplementary
Yard Regulations" is hereby amended as follows:
B. Allowable Encroachments
12. Marine Structures - All districts - Seaward Side Yard setbacks for boat
slips, decks, wharves, dolphin poles, mooring piles, davits, or Structures
of any kind shall not be less than seven and one half (71/2) feet. This
requirement pertains to the enlargement of existing Structures as well as
to 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. Land
side decks may extend to the deck associated with the marine Structure.
The maximum projection of a marine Structure shall be determined by
the Dade County Department of Environmental Resource Management.
If marine Structure a docl o ei kIPA:oI:struct: :re/equi :meat:: :ttacl ed
toadofck projects more than 25 ft. into the Waterway, it shall be a
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Conditional Use and reviewed pursuant to Section 17.
17. Satellite Dish Antennas - All districts - are only permitted in the Rear
Yard or on top of gotoToii..i.wrpot000dij Buildings. Antennas in-
the Architectural District shall be located and sized where they are not
visible from the Street. Satellite Dish Antennas shall be considered as
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an accessory..Structure, however the height q�f t equtpititi t I f4it?g
itis a
s base to the maximum proJetition o€:the antenna,based upon maximum
operational capabilities, to the top part of the antenna shall not exceed
fifteen (15) feet. If it is attached to the main Structure it may not
project into a Required Yard.
SECTION 2. That Subsection 7-2 of Zoning Ordinance No. 89-2665 entitled "Off-Street
Parking Required" is hereby amended as follows:
7-2 OFF-STREET PARKING REQUIRED
A. Parking District No. 1 -
* * *
25. Hotel, Motel or Motor Lodge - 1 space per Unit. Except, Hotels located
in the Miami Beach Architectura-1-l3istrict or within 1100 feet of the Civic
and Convention Center (CCC)...District I spaceper 2.Hotel Units.
hAtgl...atr�eaz>» sessh� l`b ��ii£ €�X
a. !!Pi .tai T:>:: <equ ire :::park:in ::: lJ:::::
:shabcomputed at::>
:> :t::::::s .aur::::'er::4:00
b :A;uditor:u:m°.>::::Ballroom :;Conventti:on:::>Hall.:OVIImnasium.:>:::Meeting
$0.00gOtittiOeifiiiitifi51466tasse bly- etoir d:pa kii ..shall
be::I s:a: a::;..e 4 ":.:.,.::::> ;: .,. „,.::....:::::::`::":'::::::::`:':,::>:..,re `;::., ..
:.;:� a per 4 seats 4r I space per �l�aq fto:f��tr�r.�re�.;where
th;.;'.;:.: ...,:...o ::.;_.,.n .:,.:; VL.. ; .: ..:.f > `°it,
erg xs�aseaitta�� xittts � s�a� txr;::l;� sq.ft. per�a��t
:;:: ::::::::X.:�.�.:�.: :. :.:...................... ... ..tr�_tt�� �,>ttt _.��; ...ot
:::::::::::::::::::::::.�:.:::: .:::...::::.::::.ii:iV.iiiiiiiiiif....:.:.JiJ:^i:.:Y..:iv.::::::is i'+'.:::.:':.i:�::«:.iii::.:.:.i?: :.i"�iiiiii".iiiii::.}iiii'.iiiiiiiiii
be:v:eragigeit::.the::pre:nines ::: ..::u:fired:: x:lain >shall bu::t::spa:c : er
4iv5e6Wilimur] ;seat:for::ever:3 2>units,
Subs t:c
a '.''.li:cabl
to::grggtgrAs 'xh0. ::>:a tr::>:>be::u 1nu.....1 ......u9 .s fir.u0ted.....ur......sttbstatlta.a.l.l .
rehabilitated::as::hotels
The
nou_it cif p �ti an ect fired fad 2t ho€+ X a d € t kaaidopioaelifu
to 20°1
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SECTION 3. That Subsection 7-4 of Zoning Ordinance No. 89-2665 entitled "Interpretation
of Off-Street Parking Requirements" is hereby amended as follows:
7-4 INTERPRETATION OF OFF-STREET PARKING REQUIREMENTS
* * *
B. Where fractional spaces result, the number of;required.parking.spaces required
shall be construed to be the next highest roundedt t i.iii st whole number.
SECTION 4. That Subsection 7-5 of Zoning Ordinance No. 89-2665 entitled "Design
Standards" is hereby amended as follows:
7-5 DESIGN STANDARDS.
A. Minimum Area. With the exception of parking spaces that are permitted in
Section 7-6,B, when a standard Off-Street Parking Space is an all weather
surfaced area, not in a Street or Alley, and having a width of not less than eight
and one half (8 1/2) feet and length of not less than eighteen (18) feet except
for parallel parking,,such space shall be twenty-one (21) feet in length gd
eight and onehalf.(8 1/2),feet fide. The length required shall be measured on
an axis parallel with the vehicle after it is parked. The width required is to be
column- free clear space, except those standard Off-Street Parking Spaces
immediately adjacent to a structural column within an enclosed parking
Structure may have a width of eight (8) ft. The required area is to be exclusive
of driveways, permanently reserved for the temporary parking of one (1)
automobile and connected with a Street or Alley by an all-weather surfaced
driveway. This driveway must be contiguous to the Parking space and afford
unobstructed ingress and egress for an automobile to be..moved, except where
vehicles are parked ar fittiNe parking attend-a-111 l t'. ttc ant p r� ing
spaces shall not apply tow-a+431 the computation of—the minimum parking
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requirements except for Hotel Units in.Hotel.or.Apartment/Hotel Buildings.
Sectran . 11 fair add1t%onai ' O Parlr ng regui t%o#
SECTION 5. That Subsection 7-8 of Zoning Ordinance No. 89-2665 entitled "Parking Credit
System" is hereby amended as follows:
7-8 PARKING CREDIT SYSTEM
A. Whenever a Building or Use that was established prior to the Effective Date of
this Ordinance is changed in a manner that results in an increase in the number
of required Parking spaces, the following regulations shall apply.
1. Any Building or Use that lawfully exists on the Effective Date of this
Ordinance shall receive a parking space credit equal to the number of
parking spaces required under previous Ordinance #1891. The parking
credit shall run with the land and shall be applied toward the required
Parking as follows:
a. The Parking credit shall only be applied to the area within the
existing shell of the Building.
b. Parking credits shall not be applicable to Buildings in the
Redevelopment Area,MXE Mixed Use Entertainment District, or
when all or a portion of a building has been demolished.
shall::::or l: bea: ; Zed as:>of:Nov:.cmmbcr::V1>990oAnreexistingo sc
tn:;th M :E::l ced:> U;se nte;r:tainmeAt:: istrict:::wh:i:ch::hasa:tisE: ed
im ct F Pro ram ma":[ha v ;::it Parki t iiifi ct:: ';:aE:d::usted for
:.:: t.:,:.:.;:.;:.;
reimbursement r::prorating.s:sha;ll bin:allo ed :
SECTION 6. That Subsection 7-9 of Zoning Ordinance No. 89-2665 entitled "Surplus and
Under-Utilized Parking Spaces" is hereby amended as follows:
7-9 SURPLUS AND UNDER-UTILIZED PARKING SPACES
* * *
B. Under-utilized Parking Spaces
When a Building or Development contains required parking spaces that are being
under-utilized,such spaces may be leased to another party. However such spaces
shall not be considered as Required Parking spaces of the lessee. In order to
determine if a Development has under-utilized spaces,the Applicant shall submit
an annual report to the Planning and Zoning Director substantiating this
finding. The Director shall approve or deny the report based upon the report
of the City department verifying the results of the annual report. An
I a o fee of $20 $1:0 l s $2, per space shall be paid for purposes of
offsetting the cost of administrating this Section.
SECTION 7. That Subsection 7-11 of Zoning Ordinance No. 89-2665 entitled "Valet Parking"
is hereby amended as follows:
7-11 VALET PARKING
Required parking for new or substantially renovated Hotel Buildings, Hotel Accessory
Uses, Nightclubs or Restaurants in excess of Sta
200 seats may be satisfied through the
pros
vision . of ..
valet .arkin spacesSen:>:
. Sect:io:#1:11:s:8:::< o :::::Desi.zn::::: ndards<.00#000#0MOP
upbu;:t;n<qt::iii:are.: h:okgp :::h:a:[:r::::itt#ktg u r :: .area
as'valet parkings#aces.,
SECTION 8. That Subsection 9-2 of Zoning Ordinance No. 89-2665 entitled "General Sign
Regulations" is hereby amended as follows:
F. Window signs. In addition to other permitted signs,one Sign is permitted
on one window or door with copy limited to the name of the Commercial
Use and hours of operation. The size of the letters for the store name
shall not exceed four(4)inches in height and the size letter.for the hours
of operation shall not exceed two (2) inches in height. >E o cvcr,.w :en
fherc ate n:o other Sig s asst c tted ith.th :u y.the Gain per tted sign
ay.. .located oo the Window.with iz±e not to. >w t square feet
SECTION 9. That Subsection 9-3 of Zoning Ordinance No. 89-2665 entitled "Signs and Sign
Devices Prohibited" is hereby amended as follows:
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B. Pennants, Banners, Streamers. Pennants, banners, streamers, and all other
fluttering,spinning or similar type Signs and advertising devices are prohibited
ept
excas provided in Section. .4B6
9ani;except for national flags and flags of
political subdivisions of the United States, and except for flags of bona fide
civic, charitable, fraternal, and welfare organizations, and except during
nationally recognized holiday periods.
SECTION 10.That Subsection 9-4 of Zoning Ordinance No. 89-2665 entitled "Temporary
Signs" is hereby amended as follows:
......................................
6. inner i€€a Maximum of T o b e Tem p r a r.y Temporary inners
balloon Signs: one 0.46faigOf determined.by 2t k'eiE :`<<<3}2 and balloon Signs
Hot or cold balloon Sign the
HW& balloon Signs shall be erected,
air balloons or per Structure. t s`erva shall be erect- anchored, used,
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other gas ii< l ri ed and main- operated o r
filled figures ''' 'e<'s" tamed for a maintained only on a
or similar Director period not to temporary permit
type Signs. under t h e exceed 1 4 basis as approved
Design days, and no under the Design
Review more than one Review procedures.A
procedures. time during a Building Permit is re-
calendar year quired. The Planning
o n a and Zoning Director
Premises. shall require a
performance bond in
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`::eern i ed ne essai y
€n€irir`'tius ui >:xts
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SECTION 11. That Subsection 16-7 of Zoning Ordinance No. 89-2665 entitled "Powers and
Duties" is hereby amended as follows:
16-7 POWERS AND DUTIES
A. The Board of Adjustment shall have the following powers and duties:
* * *
2. To authorize, upon application, such Variance from the terms of this
Ordinance as will not be contrary to the public interest when, owing to
special conditions,a literal enforcement of a provision of this Ordinance
would resulrt in unnecessaryan
d:undue hardship. An application for..a
Variance rothe f ollovwing steins is prohibited Pta�r Area.Ratio,iCquire l
Farkin:g (except.oi#OvACtli:M00.4-CrOti4ithW50#ggPOMIN shall be limited to
the following development regulations: height, average and minimum
unit sizes (but not the average unit size when used in determining the
bonus for the Floor Area Ratio; ), setback areas, size and location of
. . - .. .
Subsection 12A 2(A)(1,2, and 3), and off Street parking.and loading
re.uirements.however,no Variance shall be given for iests `taiz
to waiver::of off-Street parking for less than one space per Apartment
.......:.....:.............:.......:.
Unit or Hotel Unit, or a request pertaining to the reduction of: .
.a.n.i:::..mpact
:. ::. .
fee, or for Lot Area when determining floor area ratios-. ''Trine'
for hotels of more than 20% of the total amount of required paring is
prohibited;::should:: t:h hoard grant a yarianc;e pursuant;tb::::;Sect o
7-2.A.25, the Parking Impact l ee Program shall not be equired In order
to authorize any Variance from the terms of this Ordinance, the Board
of Adjustment shall find:
SECTION 12. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of
the City Commission, and it is hereby ordained that the provisions of this ordinance shall
become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 13. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 14.SEVERABILITY If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
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SECTION 15. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day
of November , 1990.
PASSED and ADOPTED this 24th day of October , I990.
/ '
0Aeel
ATTEST:
Ual-k_lks%c6.1.14‘,
CITY CLERK U
U
DG:dhg
FOR1 APPROVED
c:prkamend
LEGAL DEPARTMENT
1st reading 10/10/90 BY:; .
9 :
2nd reading 10/24/90 ` F:
5
S.
r
otv,
v j 2/4i read
:• ":"Z\4.2
BEq , FLORIDA 3 3 1 3 9
S*?IN ORATORATED *S
°'VACAT!ONLANU U. S. A.
?9�� �`1\ys
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
1.4.,a-Q-ip
COMMISSION MEMORANDUM NO. 5 39 9a `0-1-
DATE: OCTOBER 24, 1990
TO: Mayor Alex D % d and
Members of e City Com ssi;
A 1
FROM: Rob W. Park • //%y
City Manager
SUBJECT: PLANNING BOARD RECOMMENDATION TO AMEND THE ZONING
ORDINANCE - TECHNICAL AMENDMENTS II
THE REQUEST
At the March 22, 1990 meeting, the Planning Board created a Planning and Zoning
Subcommittee for purposes of"fine tuning"the new Zoning Ordinance. The Subcommittee was
comprised of Planning Board members Norman Frank and Neisen Kasdin in addition to John
Forte, Ron Molko and Harold Rosen and Randy Sender. The Subcommittee is staffed by the
Planning and Zoning Department and the Legal Department.
On July 17, 1990 the Planning Board held a public hearing on a proposed package of technical
amendments made by the Subcommittee; following the hearing, the Board voted 7-0 to
recommend approval to the City Commission, except for those proposals related to parking
which were deferred for further study.
On August 8, 1990 the Subcommittee met again to discuss and further refine the parking
proposals; Craig Robins was added to the Subcommittee. Attention focused on the parking
requirements for hotels. The Subcommittee approved recommending new off-street parking
requirements for hotels and accessory uses. These and other amendments related to parking
are included in the proposal below. Additionally, there are a few other minor technical
amendments recommend by the staff of the Planning and Zoning Department. Proposals to
amend the Ordinance related to the Parking Impact Fee Program were deferred until a report
is forthcoming from the City's Bond Counsel.
THE PROPOSAL
On August 28, 1990, the Planning Board held a public hearing to consider the request.
Following the hearing the Board voted unanimously (5-0) that the City Commission approve
the attached amendment to the Zoning Ordinance.
The attached Ordinance is a copy of the proposed amended Section of the Zoning Ordinance.
The shaded portions are to be added to the existing Ordinance and the struck-through portions
are to be deleted. To assist in the review of the proposed amendments, the following provides
a brief explanation of each proposal:
SECTION TITLE PAGE EXPLANATION
6-25 SUPPLEMENTARY 1,2 Restrictions on the placement of
YARD REGULATIONS swimming pool equipment are
changed. Clarification of dock.
projections to include a structure
or any equipment attached to a
dock. The location of satellite dish
antennas is further defined and
restricted.
63
AGENDA
ITEM ' \
DATE I 0 -- 2-`1 -90'
SECTION TITLE - PAGE EXPLANATION
7-2 OFF-STREET 2 Sets forth additional requirements
PARKING REQUIRED for accessory use parking beyond
minimum thresholds. If
substantiated, the Zoning Board of
Adjustment may grant a variance
up to 20% of total required
• parking.
7-4 INTERPRETATION OF 2 In calculating parking
OFF-STREET requirements fractional spaces
PARKING shall be rounded to the nearest
REQUIREMENTS whole number.
7-5 DESIGN STANDARDS 2 Clarifies the minimum area
dimensions of parking spaces.
7-8 PARKING CREDIT 3 Allows parking credits to be
SYSTEM applicable in the MXE Mixed Use
Entertainment District. Also
provides a mechanism for
recalculating parking credits for
those uses that did not participate
prior to the amendment.
7-9 SURPLUS AND 3 Changes the application fee to
UNDERUTILIZED , $100, plus $2 per space for
PARKING SPACES administering the annual review of
under-utilized spaces.
7-11 VALET PARKING 3 Allows for up to one half the
spaces for a multi-family building
to be valet spaces.
9-2 GENERAL SIGN 3 Allows for a main permitted sign
REGULATIONS of up to 20 sq. ft. in window when
there are no other signs associated
with the use.
9-3 SIGNS AND SIGN 3 Adds reference to related
DEVICES PROHIBITED Subsection 9-4 on Temporary Signs.
9-4 TEMPORARY SIGNS 3,4 Includes banners with balloon
signs under Temporary Sign
regulations.
16-7 POWERS AND DUTIES 4 Deletes the prohibition on certain
variances and adds prohibition on
Floor Area ratio and required
parking. Also, a prohibition is
added for a variance in excess of
20% of total required parking for
hotels.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Planning Board's
recommendations on these technical amendments to Zoning Ordinance 89-2665.
RWP:DJG:jm
Attachment
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