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Ordinance 90-2722
ORDINANCE NO. 90-2722 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665; 1. AMENDING SUBSECTION 3-2 ENTITLED "TERMS DEFINED" BY CLARIFYING THE DEFINITIONS OF "DAY CARE FACILITY", "FLOOR AREA", "NIGHTCLUB", "STREET""TOWNHOME OR TOWNHOME DEVELOPMENT"AND ADDING DEFINITIONS FOR"REPLACEMENT VALUE"AND"HISTORIC PRESERVATION AND URBAN DESIGN DIRECTOR"; 2. AMENDING SUBSECTION 5-7 ENTITLED "STORE ENCLOSURES" BY ADDING REQUIREMENTS FOR MECHANICAL EQUIPMENT; 3. CREATING SUBSECTION 5-11 ENTITLED "ROOF REPLACEMENTS" BY REQUIRING THAT TILE ROOFS BE REPLACED OR REPAIRED WITH LIKE MATERIAL; 4. AMENDING SUBSECTION 6-5 ENTITLED "RESIDENTIAL SETBACK REQUIREMENTS RM-1,2,3" BY CLARIFYING THE SETBACK REQUIREMENTS; 5. AMENDING SUBSECTION 6-6 ENTITLED"CD-I COMMERCIAL,LOW INTENSITY" BY INCLUDING ADULT CONGREGATE LIVING FACILITIES AS A CONDITIONAL USE; 6. AMENDING SUBSECTION 6-7 ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY" BY INCLUDING ADULT CONGREGATE LIVING FACILITIES AS A CONDITIONAL USE; 7. AMENDING SUBSECTION 6-8 ENTITLED"CD-3 COMMERCIAL,HIGH INTENSITY" BY INCLUDING ADULT CONGREGATE LIVING FACILITIES A A CONDITIONAL USE; 8. AMENDING SUBSECTION 6-9 ENTITLED "SETBACK REQUIREMENTS CD-1,2,3" BY CLARIFYING THE SETBACK REQUIREMENTS; 9. AMENDING SUBSECTION 6-12 ENTITLED "GU GOVERNMENT USE DISTRICT" BY INCLUDING PARKING GARAGES AS CONDITIONAL USES; 10. AMENDING SUBSECTION 6-16 ENTITLED"MXE MIXED USE ENTERTAINMENT DISTRICT"BY CLARIFYING THE DEVELOPMENT REGULATIONS AND THE SETBACK REQUIREMENTS; 11. AMENDING SUBSECTION 6-22 ENTITLED "SUPPLEMENTARY USE REGULATIONS" BY CLARIFYING THE PROVISIONS FOR COMMERCIAL AND WHOLESALING USES AND BY ADDING THE REGULATIONS FOR SIDEWALK CAFES; 12. AMENDING SUBSECTION 6-23 ENTITLED "MAXIMUM FAR FOR HOTEL DEVELOPMENT" CLARIFYING THE FLOOR AREA RATIO RESTRICTIONS; 13. AMENDING SUBSECTION 6-24 ENTITLED"SCHEDULE OF DESIGN BONUSES"BY CLARIFYING AND ADDING DESIGN BONUSES; 14. AMENDING SUBSECTION 6-25 "SUPPLEMENTARY YARIS REGULATIONS" BY ADDING A PROHIBITION OF BARBED WIRE FENCES, REDUCING THE HEIGHT OF HEDGES,CLARIFYING THE LANDSCAPE REQUIREMENTS FOR PARKING LOTS AND GARAGES AND CLARIFYING THE PROVISIONS FOR PORTE-COCHERES; 15. AMENDING SECTION 6-27 ENTITLED"OCEANFRONT LOTS" CLARIFYING THE REAR YARD SETBACKS; 16. AMENDING SUBSECTION 8-6 ENTITLED "LANDSCAPE CRITERIA" BY CLARIFYING THE LANDSCAPE CRITERIA; 17. AMENDING SUBSECTION 9-3 ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED" BY PROHIBITING SIGNS ON UMBRELLAS AND FURNITURE OR FIXTURES ASSOCIATED WITH OUTDOOR OR SIDEWALK CAFES; 18. AMENDING SUBSECTION 9-4 ENTITLED"TEMPORARY SIGNS"BY CLARIFYING THE SPECIAL CONDITIONS FOR BUSINESS SIGNS, CAMPAIGN SIGNS, AND REAL ESTATE SIGNS; 19. AMENDING SUBSECTION 9-5 ENTITLED "SIGN REGULATIONS PER ZONING DISTRICT" AND SUBSECTION 9-6 ENTITLED "SIGNS FOR FILLING STATIONS, SHOPPING CENTERS AND ARTISTIC OR SUPER GRAPHICS" BY CLARIFYING THE PROVISION FOR SIGN FRONTING ON AN ALLEY AND CLARIFYING THE ACCESSORY SIGN REGULATIONS AND CLARIFYING THE SPECIAL CONDIT4IONS FOR SIGNS IN SHOPPING CENTERS; 1 • 20. AMENDING SUBSECTION 11-3 ENTITLED "COLOR SELECTION PROCEDURE AND REVIEW CRITERIA" AND SUBSECTION 11-4 ENTITLED "APPEAL" BY A NOMENCLATURE CHANGE OF THE DIRECTOR AND DEPARTMENT; 21. AMENDING SUBSECTION 12-1 ENTITLED "GENERAL PROVISIONS" OF THE LIQUOR CONTROL REGULATIONS BY CLARIFYING THE LOCATION AND USE RESTRICTIONS; 22. AMENDING SUBSECTION 12-2 ENTITLED "PERMITTED DISTRICTS AND STANDARDS" BY REMOVING OUTDOOR CAFES FROM THE CONDITIONAL PROCEDURE; 23. AMENDING SUBSECTION 13-9 ENTITLED "PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS" BY INCREASING THE FEES AND CLARIFYING THE VALUE DETERMINATION PROCEDURE; 24. AMENDING SUBSECTION 14-2 ENTITLED "REVIEW BY PLANNING BOARD" BY CLARIFYING THE REVIEW PROCEDURE; 25. AMENDING SUBSECTION 15-5,B ENTITLED"DEVELOPMENT REGULATIONS"OF THE DUNE OVERLAY DISTRICT, BY CHANGING THE WORD RECOMMENDED TO REQUIRED; 26. AMENDING SUBSECTION 16-5 ENTITLED"DETERMINATION OF JURISDICTION" BY ADDING A RECOMMENDATION FROM THE HISTORIC PRESERVATION AND URBAN DESIGN DIRECTOR; 27. AMENDING SUBSECTION 16-7 ENTITLED "POWERS AND DUTIES" BY CLARIFYING THE PROCEDURE FOR AN APPLICATION FOR A VARIANCE, INCREASING THE APPLICATION FEES AND ESTABLISHING FEES FOR AFTER THE FACT VARIANCES; 28. AMENDING SUBSECTION 17-2 ENTITLED "MEETINGS AND PROCEDURES" OF THE PLANNING BOARD, BY CLARIFYING THE BOARD'S PROCEDURE AND MODIFYING THE QUORUM AND VOTING REQUIREMENTS FOR FINAL ACTIONS OF THE BOARD; 29. AMENDING SUBSECTION 17-4 ENTITLED "CONDITIONAL USE PROCEDURES" BY CLARIFYING THE EXTENSION OF TIME REQUESTS, INCREASING THE APPLICATION FEES, AND CLARIFYING THE APPEAL PROCEDURE; 30. AMENDING SUBSECTION 18-1 ENTITLED "DESIGN REVIEW BOARD POWERS AND DUTIES" BY ADDING THE APPEAL OF THE DIRECTOR'S DECISION, BY A NOMENCLATURE CHANGE OF THE DIRECTOR AND A CLARIFICATION OF THE TERMS OF OFFICE; 31. AMENDING SUBSECTION 18-2 ENTITLED "DESIGN REVIEW PROCEDURES" BY A NOMENCLATURE CHANGE OF THE DIRECTOR AND DEPARTMENT, MODIFYING THE AREAS THAT ARE SUBJECT TO REVIEW AND BY CLARIFYING THE APPEAL PROCEDURE; 32. AMENDING SUBSECTION 19-4 ENTITLED"HISTORIC PRESERVATION BOARD" BY A NOMENCLATURE CHANGE OF THE DIRECTOR, AMENDING THE LIST OF ORGANIZATIONS FOR SELECTING THE MEMBERS; 33. AMENDING SUBSECTION 19-5 ENTITLED "DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS" BY A NOMENCLATURE CHANGE OF THE DIRECTOR AND DEPARTMENT AND BY ALLOWING THE PLANNING BOARD AND THE HISTORIC PRESERVATION BOARD TO HOLD CONSECUTIVE PUBLIC HEARINGS; 34. AMENDING SUBSECTION 19-6 ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/ CERTIFICATE TO DIG/ CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" BY CLARIFYING THE APPLICATION PROCEDURE AND BY AMENDING THE EVALUATION CRITERIA AND INCLUDING A FEE FOR AMENDMENTS FOR A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION; 35. AMENDING SUBSECTION 19-9 ENTITLED "APPEAL" BY A NOMENCLATURE CHANGE OF THE DEPARTMENT AND CLARIFYING THE APPEAL PROCEDURE; 36. AMENDING SUBSECTION 20-3 ENTITLED "USE REGULATIONS" OF THE PERFORMANCE STANDARD DISTRICT BY ADDING PARKING LOTS AND GARAGES AS CONDITIONAL USES IN THE PERFORMANCE STANDARD RESIDENTIAL DISTRICTS; 2 i 37. AMENDING SUBSECTION 20-4 ENTITLED "PERFORMANCE STANDARD REGULATIONS" BY CLARIFYING THE SETBACKS REQUIREMENTS FOR THE RESIDENTIAL AND COMMERCIAL DISTRICTS; 38. AMENDING SUBSECTION 21-1 ENTITLED "ENFORCEMENT" BY ADDING THE HISTORIC PRESERVATION AND URBAN DESIGN DIRECTOR AND A FEE FOR ZONING COMPLIANCE LETTERS AND PLAN REVIEWS; 39. AMENDING SUBSECTION 21-2 ENTITLED "VIOLATIONS AND PENALTIES" BY CLARIFYING THE PROCEDURE; 40, AMENDING SUBSECTION 21-5 ENTITLED "MAILING LISTS" BY ESTABLISHING A FEE FOR THIS SERVICE; 41. AMENDING SUBSECTION 21-7 ENTITLED "MAPS" BY REMOVING THE PROVISION FOR THE TOWNHOME OVERLAY DISTRICT FOR BLOCK 7, NAUTILUS SUBDIVISION; 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: 51eci;are = new language 'Strike out = deleted language SECTION 1. That Subsection 3-2 of Zoning Ordinance No. 89-2665 entitled "Terms Defined" is hereby amended as follows: 3-2 TERMS DEFINED A. For purposes of this Ordinance, certain terms and words are hereby defined. * * * 47. DAY CARE FACILITY: Any establishment.providing care during.the day, but not at night, of children tt d r i © s�zt f wh aro nc�t ....... ......... attending€>COOf o•l:_::>in:::::: rads::>Kinder' ar:ten:>:. r:::>higher>;::::and who are not related to the resident Family. * * * 72 FLOOR AREA: The sum of the gross horizontal areas of the floors of a Building or Buildings, measured from the Exterior faces of Exterior walls or from the Exterior face of an architectural projection, from the centerline of walls separating two attached Buildings. However, the Floor Area of a Building shall not include the following unless otherwise provided for in this Ordinance. * * * r ua loor levet * * * 3 • 119. NIGHTCLUB: A business operated to supply music or entertainment or both and which provides beverages and meals prepared on the Premises. .............................:.:. Itsh 11 ha e;seating for not less than 60 persons at tables, a dance floor at least 300 square feet in area, and a total Floor Area of at least 2,200 square feet. * * * 144gy� .�µw :..:.;..:.::.:i::::�.:::: . . y.p/s �pY�{�y}y::::p./y�`,:: ..;�_:jy�; ;...,' :,;' {/.^..�.}��[}:�ny.4/.; .. .:::;:; Si;:;:;:;:;:;' MPL,..,.;i.:'ONT V . L ,'Jj' Mfaro�4ttrmlri.ed.by tiie riAtic C4TLFi7:{i.'yy}:Taa ......:........... ::::.�.:�::�1���..:::::�:: :.�"T.fl;;�"t.iiiii::.:i:i� :.iiiii?iiiiii: Y.::::.:::::. Y.�::::::::::::. w:..:.iry':.:.i:Jl::;: ._::. ':.::::.::i:i:'.: iii .: ::: :::.: ii:5::.:: ::<:<.ii:<Kj3ii:':jy;i:':j Assess r< hi'h:::>rs:::::'h. >::: ta: f:::>r'play :in. ;::> l:t>:; r:::>a:<:: n:r:t:i n:::>. :•.:Ea::::::build:rn. * * * .......................... .......................... 170. STREET: A public i"':privat thoroughfare which affords the pc-i-nciple $ means of access to abutting property. * * * 179. TOWNHOME OR TOWNHOME DEVELOPMENT: A grouin.g.of single Family attached or detached units on one Site arranged so``tl afi n ur t isabo+ anotket with each unit having separate ingress and egress. * * * 8 s>< Q'' : 5 R A M ANA.MPAN DESIGN TREP t , hdt i:::.;'..1::..i..::•:::::.:::::::::::::::k.::::.:::..:::':i:iiiiY':viiiiii'.'l:.iiiiii".i':!i•i.i:::.::::::.::.::.:::::::::i::::.:i:l:::::::'::::iii::':".Y..iiii::.ii"Liiiiiiii}i' higggigigniggSVAggAgOiiiiMPAMPOOMCPPPMKOM SECTION 2. That Subsection 5-7 of Zoning Ordinance No. 89-2665 entitled "Store Enclosure" is hereby amended as follows: 5-7 STORE itik011iititbi ENCLOSURES ............................................................. In all Use districts designated in this Ordinance, the sale, or exposure for sale or rent,of any personal property, including merchandise,groceries or perishable foods, such as vegetables and fruits, is prohibited, unless such sale, or exposure for sale,is made from a substantially enclosed,permanent Building or Structure; provided, however,that nothing herein contained shall be deemed applicable to Filling Stations, automobile service stations or repair shops, Uses having revocable permits or beach concessions operated or granted by the City, newsracks or newspaper stands, wherever such Uses are otherwise permissible. screen d::::frxt :::pulal t v; SECTION 3. That Subsection 5-11 of Zoning Ordinance No. 89-2665 entitled "Roof Replacements" is hereby created: oehtwittitirtwh::.a..::loa be: n rxs v> barrel 4 • SECTION 4. That Subsection 6-5 of Zoning Ordinance No. 89-2665 entitled "Setback Requirements" is hereby amended as follows: 6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3 1. Front 2. Side, 3. Side, 4. Rear Interior Facing a Street A. At Grade 20' 5', or 5% of Lot 5', or 5% of Lot Non-oceanfront Lots- parking Lot Width, whichever is Width, whichever is 5 feet 1e Build'^m greater (0' if Lot greater. Oceanfront Lots - "" Width is 50' or less). feet-minimum 5Q fee# ....................................... from Bulkheaa:Lin . B. Subterranean 20' 5', or 5% of Lot 5', or 5% of Lot Non-oceanfront Lots- Width, whichever is Width, whichever is 0 feet greater. (0' if Lot greater. Oceanfront Lots - Width is 50' or less) feet—aliffiartuni..014a ........................................... firazr33ttlk�ez+ % $. C. Pedestal 20 feet Sum of the Side Yards Sum of the Side Yards Non-oceanfront Lots- shall equal 16%of Lot shall equal 16%of Lot 10% of Lot Depth. Except lots A and 1-30 Width. Width. Oceanfront Lots - of the Amended Plat Min.- 7.5' or 8% of Min.- 7.5' or 8% of 20% of Lot Depth,501 Indian Beach Corpora- Lot Width,whichever Lot Width,whichever uainimuaa--es 50 feet ................... tion Subdivision and lots is greater. is greater. iziuizuiui7l from the elbl 231-237 of the Amended Miami Beach Plat of First Ocean Bulkhead Line Front Subdivision - 50 whichever is greater. feet. D. Tower 20' + 1' for every 1' The required Pedestal Sum of the Side Yards Non-oceanfront Lots- increase in height above setback plus.10 of the shall equal 16%of the 15% of Lot Depth. 50', to a maximum of height of the Tower Lot Width. Oceanfront Lots - 50', then shall remain p#gE'i:Qu of f�l4 Min.- 7.5' or 8% of 25% of Lot Depth, 75 ....:...............:.......:........:...: constant. l ti d isg> The'< F rat Lot Width, whichever feet minimum 50 :.:.:...........:.......:::.:..........:.:. cegiz'iie <acEtaacl :':stiai! is greater. feet from the el4 Except lots A and 1-30 not to exceed 50 feet. Miami Beach of the Amended Plat Bulkhead Line Indian Beach Corpora- whichever is greater. tion Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision - 50 feet. SECTION 5. That Subsection 6-6 of Zoning Ordinance No. 89-2665 entitled "CD-1 Commercial, Low Intensity" is hereby amended as follows: 6-6 CD-1 COMMERCIAL, LOW INTENSITY. A. Purpose and Uses 1. District 2. Main Permitted 3. Conditional 4. Accessory Uses Purpose Uses Uses ............................................... This is a retail sales, Commercial Uses; A u It arigr_egate See Section 6-21. ............................. Personal Services,shop- Apartments. Uses that ping district, designed serve Alcoholic Bever- Nursing Homes; to provide service to ages as listed in Section Religious Institution; surrounding residential 1 2 ( Alcoholic Public and Private neighborhoods. Beverages). Institutions; Schools; Day Care Facility; Wl'are3 :4e3= and any Use selling gasoline. SECTION 6. That Subsection 6-7 of Zoning Ordinance No. 89-2665 entitled "CD-2 Commercial, Medium Intensity" is hereby amended as follows: 6-7 CD-2 COMMERCIAL, MEDIUM INTENSITY. A. Purpose and Uses 1. District 2. Main Permitted 3. Conditional 4. Accessory Uses Purpose Uses Uses ............................................... This district provides Commercial Uses; AduI[t[[ [Congreg�at See Section 6-21. :.......:.:.............:..:...............:... for commercial activi- Apartments tis S!in F a.c i I.i t t.:as ties,services,offices and Apartment/Hotels.Uses Funeral Home; Nursing related activities which that serve Alcoholic Homes; Religious serve the entire City. Beverages as listed in Institution; Public and Section 12 (Alcoholic Private Institutions; Beverages). Schools; and any Use selling gasoline. 5 SECTION 7. That Subsection 6-8 of Zoning Ordinance No. 89-2665 entitled "CD-3 Commercial, High Intensity" is hereby amended as follows: 6-8 CD-3 COMMERCIAL, HIGH INTENSITY. A. Purpose and Uses 1. District 2. Main Permitted 3. Conditional 4. Accessory Uses Purpose Uses Uses This district is designed Commercial Uses; 13dult Ck1sgiegate See Section 6-21. .....:.::.:............::..:. to accommodate a Apartments; Apart- highly concentrated ment/Hotels; Hotels. NursingHomes;religious business core in which Oceanfront properties Institution; public and activities serving the shall not be permitted private Institutions; entire City are located. to have retail and/or Schools. office areas unless the entire Building is re- habilitated according to the South Florida Building Code, the Miami Beach Property Maintenance Standards, and Fire Prevention and Safety Codes and if it is a Historic Structure the U.S. Secretary of the Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. Offices are prohibited on the, ground floor on that portion of Lincoln Road which is closed to traffic. Uses that serve Alcoholic Beverages as listed in Section 12 (Alcoholic Beverages). SECTION 8. That Subsection 6-9 of Zoning Ordinance No. 89-2665 entitled "Setback Requirements CD-1,2,3" is hereby amended as follows: 6-9 SETBACK REQUIREMENTS CD-1,2,3 1. Front 2. Side, 3. Side, 4. Rear Interior Facing a Street € G e paring g 5;feet 5 feet': 5:fee S fe hoc en the:sarme If abutupg:::an:::aiie '€0 til MA-Subterranean 0 feet 0 feet 0 feet 0 feet MIL Pedestal and 0 feet. 10' when abutting a 10' when abutting a 5 feet Tower (non- Residential Uses shall residential district, residential district, 10 feet when abut- oceanfront) follow the RM-1,2,3 otherwise none. unless separated by a ting a residential setbacks(See Section Residential Uses shall Street or Waterway district unless 6-5). follow the RM-1,2,3 otherwise none. separated by a St setbacks(See Section Residential Uses shall or Waterway in 6-5). follow the RM-1,2,3 which case it shall be setbacks(See Section 0 feet. 6-5). 1 � Pedestal and Pedestal - 15 feet Commercial Uses - Commercial Uses - 25% of Lot Depth, Tower(oceanfront) Tower - 20 feet + 1' 10 feet. 10 feet. 75' minimum 58 for every 1' increase Residential Uses shall Residential Uses shall feet, from the eid in height above 50', follow the RM-1,2,3 follow the RM-1,2,3 Miami Beach to a maximum of 50', setbacks(See Section setbacks(See Section Bulkhead Line then shall remain 6-5). 6-5). whichever is greater. constant. Residential Uses shall follow the RM-1,2,3 setbacks(See Section 6-5). 6 SECTION 9. That Subsection 6-12 of Zoning Ordinance No.89-2665 entitled"GU Government Use District" is hereby amended as follows: 6-12 GU GOVERNMENT USE DISTRICT. A. Purpose and Uses 1. District 2. Main Permitted 3. Conditional 4. Accessory Uses Purpose Uses Uses ............................................... Any land owned by the Government Buildings P' skis g ag s See Section 6-21,C. City or other govern- and Uses, including Private or joint City mental agency shall Parking Lots s414 and private Uses, automatically convert to g a r a g o a, schools, including air-rights. a GU, Government Use performing arts and District. cultural facilities, monuments and memorials. See City Commission Resolution No.86-18491 pertaining to properties considered for the sale and/or lease which are owned by the City and Ordinance No. 89-2661 pertaining to Development Agree- ments. Any Use not listed above shall only be approved after the City Commission holds a public hearing. See Sec 6-12,B,5 for public notice requirements. SECTION 10. That Subsection 6-16 of Zoning Ordinance No.89-2665 entitled"MXE Mixed Use Entertainment District" is hereby amended as follows: 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT. * * * B. Development Regulations 1. Base FAR 2. Max. FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7.Max. Bldg. without bonus with bonus Area Width Size Size Height (sq.ft.) (feet) (sq.ft.) (sq. ft.) (feet) All uses - 1.5 All uses - 3.0 N/A N/A Existing Existing Architectural Structures: Structures: District Except Hotel Apartment Apartment Oceanfront-150 Development in Units -400 Units -550 Non-oceanfront- a locally desig- Hotel Units - in Hotel Units - 50. However, nated Historic a Local Historic N/A lots west of District = 3.5; District'<Ste James Avenue all other Hotel 200, otherwise New and Park Development 15%: 300-335 construction: Avenue shall shall be 85%: 335+ Apartment not have a pursuant to Units -800 maximum Section 6-23. New Hotel Units - height limit; construction: N/A All other areas- Apartment none. Units -550 Hotel Units - 15%: 300 - 335 85%: 335+ * * * 7 • S. • D. Setback Requirements 1. Front 2. Side, 3. Side, 4. Rear Interior Facing a Street Oceanfront: Oceanfront: Oceanfront: Oceanfront: 50 ft.; however sculptures, 15% of the Lot Width. 15% of the Lot Width plus 25%of Lot Depth,75'mini- fountains or architectural 5 ft. mum front > ie_>Bulk�ead ........................................ features when approved by Non-oceanfront: Non-oceanfront: Line,;w 0#.0F a greater. the Design Review Board Buildings less than 40 ft.in 10% of the Lot Width plus are permitted in the re- height - each interior Side 5 ft. Non-oceanfront: ...................................................... quired Front Yard. Yard shall be 10% of the Ilowevet L is least $IMI 0 feet .......:..........................:..:.....:.....::... Lot Width. ...................................................... Non-oceanfront: Zero setback if the Building Buildings greater than 40 ft. is 40 ft. in height or less in height - each interior and includes a 20 ft. deep Side Yard shall be 15% of covered front porch running the Lot Width. substantially the full length of the Building front to be used for seating in associa- tion with indoor/Outdoor Cafes, Bars, Nightclubs, Restaurants or cabarets. For new construction along Ocean Terrace, portions of a Building located above a porch which front on Ocean Terrace are permitted in the Front Yard setback if the design receives a Floor Area Ratio bonus. 20 ft. setback if the Building does not include a front porch as described above or is greater than 40 ft.in height. For those Buildings greater than 40 ft.in height, a one- story front porch as des- cribed above may be constructed within the Front Yard setback. * * * SECTION 11.: That Subsection 6-22 of Zoning Ordinance No. 89-2665 entitled "Supplementary Use Regulations" is hereby amended as follows: 6-22 SUPPLEMENTARY USE REGULATIONS A. Commercial and wholesaling Use When a Commercial Use is involved in wholesaling and the property is in a Commercial district, the Commercial Use shall include a display or show room open to the public and 50% of the frontage shall be storefront windows that face a Street. .♦�yy�}. ::iiisisi":k ii iiiiiijii:i::ii:L:iiii:L:i:[:::::::::::�:i;::iiiiiiii:'i:'isisi::iiiiiiii:+':::i:Y.:i::ii;i:i::i::i:::::iii::'{i:::i::ii::ii:tiffiii'•ii::i::::i::i::ii::iii: manufactur:ig * * * :::::':iF;isi4[i`i`8ii';:::::;<::i::` i::"'••;R::i::::i::i::::i-�::i:: ��:: ::::Y•:;SS+>?::;ii:�::;9i:+:pr'iii:iY.::��^i'%:3<333<3["�id33`r%� .;:.;:.;:.: tg$:14 tat t aiI4MOI IP .wxxtht6 .f©llovr.ing, > >Insurances ru...e ..§....the. l ..s.: . sk..Mga era. ............................................................................................................................................................................................................ .............................................................................................................................................................................................................. ... " ct:1):. ::t.:.:ie Hstor ePres.::crvat onaiindUrba::L:nD.i:}:;:esigr:.:::De a.::.:> t.i: e.Y:..if .iiPulic me:nt:an Depa:rtmentTeveopulent-ervice;t} a} t iOn: ::::;::::�;:�::�::;i::�i:::';:::j;,::L,;:,;:i;iii:•�:;,::::`:::�::::::::ii::.„;y.:::':::::>: :'�::::::::::':'':�: �::;,:<:::i''::;<i:y;;;``::;ri::;<::::<`:<:::;2:::i:;::;::�.;� '�:+``` 'i i?;�:''�`:':i 'i:��' �°����'��`' 3> re ucable eruct rom the 'ubltc..Works De arttnent fft r cafes..xn..t e '.:;;;:.:::.:;t::l'.;E:;:;::;:...:.'i_:i"h.i:_.ti:i:..;:;1.....:i:..xi:v..i:..:ia.::i..:i.i:.:>i..:.i:.1...'... << Irig. : n ' :*. r. : h 10-ggFano. :uagNSII: anot pproper «own.ertho...ucrof ripe p.rop.osd ..usshal » b res nslble fair securin ermission firom the al fe:ctes;:: :'r ';ert> ue ner .................................................................................................................. praior:t the ssuance.io :a:revocable per it. ............................................................................................................................................................................................................ .............................................................................................................................................................................................................. 3 » > t lzl»sixoia::.>€liEaiKtlxa>f ..:: 'Ae' >lssll1•• » i € tfe prrcx::t ::t : s$urC :::of:a:rvrtct ::porm:t: 8 • ::::::::..:::.:3�;:�� t�.;�:'5.;:5��.;:)'nr t h;;�n.;��e.; YtY;: r�de., SECTION 12. That Subsection 6-23 of Zoning Ordinance No.89-2665 entitled "Maximum FAR for Hotel Development" is hereby amended as follows: 6-23 MAXIMUM FAR FOR HOTEL DEVELOPMENT A. Hotel Development shall conform to the Floor Area Ratio regulations set forth in this Section regardless of the underlying zoning district; however, when a Hotel Development is located in a locally designated Historic District and/or ................................. site, or in the Architectural District west of Collins Avenue, �: itin n Ocean ri the base FAR shall be 1.75 and the maximum allowed FAR shall :::..:........:.....:..:....:.... not exceed 3.5 (Increases beyond the base FAR shall be achieved through the formula set forth in Section 6-24). SECTION 13. That Subsection 6-24 of Zoning Ordinance No. 89-2665 entitled "Schedule of Design Bonuses" is hereby amended as follows: 6-24 SCHEDULE OF DESIGN BONUSES A. General provisions 1. The total bonuses shall not exceed the maximum bonus as set forth in the district in which the property is located. 2. All Site Plans shall lae consistent with the Comprehensive Plan and Neighborhood Study Plan, if one exists for the neighborhood involved. 3. The Private Sector Development Controls and Guidelines (Ordinance No. 77-2099) as amended, shall be used as the guide in determining the amount of design bonuses that are granted. 4. When a project is in the Architectural District, the plans shall be consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (Revised 1983) and as amended. 5. For a project to receive a Floor Area Ratio bonus based on design, it must at a minimum comply with one bonus factor from each of following categories excluding the Historic Criteria category. However this exclusion does not apply to existing Structures in the Architectural District. 6. The maximum Floor Area Ratio bonus which is achieved through the design bonuses in the RM-3 District, any residential Use in the CD-3 District and for Hotel Developments is 0.50. In all other Districts the cap on the Floor Area Ratio design bonus shall be the Maximum Floor Area Ratio permitted in the District. ar .... ....:. => 1 esign hon a for ddition to xisti g uilctirtg e added. to t.h : ': : 'i::::_i:::i:�::.: .::; .::i e. is:tin�.':>€:FAR:.imf:t4i40d.in.:<>:::howe:ve.�c. :::thpro osed: FAR€€shall'>inot .............::...................................::..grnit:t:eMF:AR:: Qr:.:::che:: :r6::pct':aget::�`c�rt( ::Yg:<�he ZoningA:Astir:isct l dl ' ti f t. B. Floor Area Ratio Bonuses Category Bonus Factors FAR Bonus 1. Design and Planning a. Arcades - considering pedestrian access, .05 accommodation of activities, linkage in circulation pattern, relationship to architectural and urban design features, shading and cooling effect, protective effect, relationship to public and private spaces, accessibility and usability. 9 • b. Open Space - areas shall be open to the sky. .01 for every 10% The amount of Open Space shall exceed the that exceeds the area that results from the setback area resulting requirements. from the required setbacks, not to exceed .05 c. Lot assemblage - this bonus applies for .05 per 7,500 sq. Buildings in the MXE District, which are ft. or fraction not part of a locally designated Historic thereof of Lot District or Site; and in the districts located Area, not to South of 6th Street and the CD-1 and CD-2 exceed .25. districts. d. Provision of parking spaces beyond the .01 per space, not amount required by this Ordinance. This to exceed 0.25. provision does not apply when utilizing the pottitit Impact Fee Program. e. View corridors - creating a view corridor .05 through the Site or the Building. This provision does not apply for view corridors that correspond to the required setback area. 2. Building Features a. Outdoor Cafe, .005 per 4 seats, total not to exceed .05 b. First Floor Commercial Use with a .01 per 1,250 sq. minimum of 1,000 square feet. Direct access ft. of retail space, to Commercial Uses and full storefront not to exceed .05 windows are encouraged. c. Hotel Units - this bonus applies when a .005 per Hotel Development contains at least 25% of the room not t o unit mix as Hotel rooms. exceed 0.25 d. Meeting rooms, assembly rooms and .01 per 500 sq. ft. conference rooms. of public meeting space, not to exceed 0.25. e. Performing arts space - including but not .01 per 500 sq. ft. limited to museums and art galleries. of public meeting space, not to exceed 0.25. f. Front porch - the porch shall be continuous .05 and comprise at least 75% of the Lot Width. This bonus applies for projects in a designated Historic District or listed in the National Register. g. Terraces.or.balconies with an average area .01 per 500 sq. ft. f 5 o00 above 5 #.square feet per unit for # q.... ft........o the e t re B; tXd n`g terraces/balconies per fir 0,11:0' [[t r'e f not to exceed .05 f Proyisionof recreational featuress such as OCt.ier fe�tt in o`.':..$ ,.,:,.—,...,:;;.;o:,.:<< zi. outd;.,.r :.:aeuzz :: o�`:::.g� f.;:;:xn�dr�t«r .ovu,tdopr...::Jaettx.t., tazV#kM t l <Coil r t a ;:: :I> '>>` `; »>;;i < eatt'cs ..................... ...................... KR2414 9 1.1.14: ziot be c .MO.PR:::w tlt garden styl Ai#1.rtments::::>isn::::>:a:::m:utt:i-floor thereof<>'::`f�`tkiil building €e d <»>'t Construction of a parte cQcttere O.t1 10 • • • :i: ii:ii. :: yiii:>'r::'rii::iiiiiiii .Provision>o a cessi ry Mar u i a a or ros maim Designing elevatori€to ers i't prd 'e tal acldsuir s ' ens n:>:?rdar::to enhance:thy;::>visual .....:.....::...:... . ........... ........................................................................ impact. Y onsit ation:>:o ::> it ctf:>:>surf: oe >f:ztttsh s 0 ••i es n<;:an uses ch a: >have v sual access>> r m ter build' gs it i > ut at activity llo ated to the ktdei s s n pec ' tennis;cour:ts::;pools:landsca.pt ,:;ett ••••••••••••••:-:-: >tf2 outiorgtOt substantia llyii' creen»>p rked rehicles:<an:+ semi-permanent color 3. Site Features a. Planting and landscaping - a minimum of .05 25% of the Open Space contained within the Site shall be maintained as a landscaped area. Consideration shall be given to maintenance provisions, irrigation and relationship to Buildings and Street scape. b. Landscape maturity - this bonus applies to .05 landscaping that has achieved a minimum of 50% of maximum average height at time of planting. c. Boardwalk continuation - any project that .05 is adjacent to the Dune and continues or extends the City's Beachfront Park and Promenade in accordance with the established guidelines. d. Lighting - accent lighting of architectural .05 and design features, lighting of planting and landscape areas and illumination of Signs. e. Rooftop Landscaping - considering scale, .01 for every 10% type of plant material and maturity at time of rooftop area of planting. maintained as landscape space not to exceed .05. alantin shite thathaas a composition C(025 "Poi nan:t att riui ulor, or>texture vingneede `' t t .... ;Considerat on t decent.material creating..n•e••eded• o•••ntra•••s•t a nst na Att material. • Developmentoy > avi;ngschemeese edestrian O 2 .............. andv h cular) using different4iffloOtitiffitaitiCtii separate nnd: :tne val ng pse: real. l ..... p. g.;:.;dtban:geaapdcart ;tfarms A�# impacts ithia the rior landscape plan using sl ght :rises,::.:drops �r steps t ont .a:st witl�,;the;::nor :;o ::;thc.;:surr..:ou'nd:in ......... ;:.>:.::.:.........::..........:..:.......:..:......:....:..:..................:........:..:. areass.: or: €uu of 5 < f tl tal<la t :,.e :.::.»:;;:.>;>;::::............................................................................... areas. .� .02$�.::::::: 11 K. • Qf42 Jn tru t a ` r =t �1> ;dice >resta it is r 4. Physical Criteria a. Paving - 100% of the outdoor circulation .05 walkways shall be decorative paving and shall take into consideration transition with public spaces and creation of arrival plaza. b. Underground utility lines - this bonus .05 applies when utility lines are located underground. c. Alley Improvements - resurfacing and .05 lighting in accordance with the specifications as established by the Public Works Department and the City Police Crime Prevention Unit. W e »no ' tf .:..w . e::::;..:. � :::<:<: ... .ther �ser��uired;.�llaitdo6r wa;s:twrn 048#01gOt:facil:i:t:ies;;that alr .enclosed ter sprOOed_ tS tfle: qurex f• C• Yuido cu ';": z ::''t:mtuimu:m:.;»of 15 6.;:.;of Building` v dtt 0.41$ 5. Site Improvements a. Signs and Graphics - relating to public .05 orientation. b. Street Furniture - a minimum of 25% of the .05 setback area shall include Street furniture considering pedestrian orientation, function, seating capacity, visual impact, integration with architectural and other design elements, integration with use of public spaces, and activity areas, uniformity of style, location and scale. c. Public Art - considering accessibility and .05 visibility from the public right-of-way, integration with use of public spaces, and activity areas, uniformity of style, location and scale. At a minimum the art work shall cost 1% of construction cost as indicated on the Building Permit or$25,000 whichever is greater. Does not include water features that are listed in 4.b above. d. Major water features - considering .05 movement, sound, reflection, recreation, cooling effect, architectural effect, coordination with plaza or other special place, public-private transition, visual impact, and relation to overall project design. This factor is only applicable for water features that exceed half of one percent of the cost of the Building as listed on the Building Permit application. e. Street trees, grates and irrigation - .05 landscaping on the City's right-of-way shall occur for the entire Street frontage of the property and trees shall be planted no further away than twenty feet on center. 12 f. Crime Prevention Through Environmental .05 Design (CPTED) compliance - this bonus applies when a project is found in compliance with these guidelines. 6. Historic Criteria a. Historical markers - a minimum of two .05 markers shall be provided. b. U.S. Secretary of the Interior Approval - .25 This bonus applies to projects in a nationally designated Architectural District. c. Retention of significant interior historical .25 architectural items, this includes but is not limited to floor and ceiling treatments, fireplaces, front desks, telephone booths, etc. d. Historically accurate fabric Awnings -This .05 bonus applies for existing Buildings. Elimination of through the wall or window .05 air conditioning units on any wall facing a street and replacement of central air an interior Lot line shall be flush mounted wall units. This bonus applies to existing Buildings. ef✓ Historically accurate restored furniture in .25 the lobby or in all Hotel rooms. frg Restoration of original historic Signs, not .05 including Signs added after the primary period of historic significance. Located within a locally designated Historic District. .: st.It.sfmfrl.d hatt .:: . ba.btore ' 5#k::: >Ft e e4Otthy.In.i.ri4114 1r aligial t t Det tateatof an exterior arohtteclua 0 025 fC : rccurc:< ha :tas;;been;;r;emav4 - 00.40040104#.1.0 .. . SECTION 14. That Subsection 6-25 of Zoning Ordinance No. 89-2665 entitled "Supplementary Yard Regulations" is hereby amended as follows: 6-25 SUPPLEMENTARY YARD REGULATIONS * * * B. Allowable Encroachments. * * * 8. Fences,Walls,and Gates-Regulations pertaining to materials and heights for fences, walls and gates are as follows: a. All districts except 1-1. * * * prhibiter * * * 13 i 9. Hedges - All districts a. Five (5) feet maximum height when located in the front setback. ........................ ....................... b. S et 7 0}feet maximum height when located in the side or rear setback. * * * 14. Parking Garages and At-Grade Parking Lots (including those operated on a valet basis) - When a main Use, Parking Garages and At-Grade Parking Lots shall have the following setbacks: * * * c. See Section 8 for landscape and (s h p e requirements d Sec+rctn ' ,I fpr..design.standards * * * 15. Porte-Cochere - A Porte-Cochere shall be permitted to extend from an entrance door to the Street line of any Building except that Porte- Cocheres shall not be permitted in a Single Family or Townhome District. Where a sidewalk or curb exist, the Porte-Cochere may extend to within eighteen (18) inchesof the sidewalk. The Porte-Cochere shall not exceed 30% of Building cr frontage in width or sixteen (16) feet in height or be screened or enclosed in any manner. It shall provide an unobstructed, clear space of not less than nine (9) feet between the Grade and the underside of the roof of the Porte-Cochere. SECTION 15. That Subsection 6-27 of Zoning Ordinance No. 89-2665 entitled "Oceanfront Lots" is hereby amended as follows: 6-27 OCEANFRONT LOTS - These regulations apply to Buildings and Structures located west of the old Miami Beach Bulkhead Line. A. Oceanfront Lots shall have a minimum required Rear Yard setback of fifty (50) feet at 4.0.ati !l4ta::$1.05iiiiiiiaii6tiON measured from the Bulkhead Line or 25% - -- • •• -• - - • -. - , in which there shall be no construction of any Dwelling,Hotel, Apartment Building,commercial Building, seawall, Parking areas, revetment or other Structure incidental to or related to such Structure except in accordance with the following provisions: * * * 2. Permitted Uses are limited to the following: enclosed Structures, not utilized for dwelling purposes, shade Structures, Outdoor Cafes, Restaurants, swimming pools, Cabanas, hot tubs, showers, whirl pools, toilet facilities,swimming pool equipment,decks,patios}and court.games when said games require no fences Uses under pool decd may inelttd s:04.0 nd pail in t pat wtsxble P a tregt ax P4 SECTION 16.That Subsection 8-6 of Zoning Ordinance No. 89-2665 entitled "Landscape Criteria" is hereby amended as follows: 8-6 LANDSCAPE CRITERIA When the Site is located in an area designated for landscape review, the following regulations shall be used in evaluating the plans: * * * B. At-Grade Parking Lots * * * 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) feet landscaped strip; except hen:abi tt ig an tle: . 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 than three and one-half (31/2) feet nor less than two and one half (2 2) feet at time of planting. 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 forty (40) linear feet of property relating to an abutting property. 14 • SECTION 17. That Subsection 9-3 of Zoning Ordinance No. 89-2665 entitled "Signs and Sign Devices Prohibited" is hereby amended as follows: A. General Provisions * * * .........:.:::::::�� Dram s >taDlies:>:Cnalr:S :an :>:An> ::othPPMrAat�r.P:>ar<:>kOMuP.;4 SECTION 18. That Subsection 9-4 of Zoning Ordinance No.89-2665 entitled"Temporary Signs" is hereby amended as follows: 9-4 TEMPORARY SIGNS * * * B. Table 1 - Schedule of Requirements for Temporary Signs Category Number Sign Area Time Period Special Conditions 1. Business Signs: Maximum of two Non-conforming Temporary Temporary business Signs identifying a permits for the business in a business Signs shall be located only upon particular activity, same Premises residential district: shall be erected the Lot in which the special service, product or within one 4 sq.ft. and maintained for use; activity, service, sale of limited calendar year. a period not to ex- product or sale is to occur. duration. Non-residential: ceed 30 days. 15 sq.ft. 3. Campaign Signs: A candidate for Campaign Temporary Only permitted in Announcing public office may headquarters: campaign Signs Commercial Districts. political erect and maintain No Sign Area may be erected A $200 bond shall be posted candidates seeking Signs at no more limitation; other and maintained 60 for the removal of the Signs. public office. than four of his locations- 10% of days prior to the :...si headquarters. the window area. date of the election to which 000000< tla3#4paigiEi such Signs are ih all tot *Oa applicable and el:ii e':€ tie€<s areie shall be removed within seven days following the election. * * * Category Number Sign Area Time Period Special Conditions 15 5. Real Est ate There shall be a Multi-family not to Temporary Real Real Estate Signs are not Signs/Multi- maximum of one exceed 2 feet by 3 Estate Signs shall permitted on windows of F a mi 1 y , sign permitted per feet; Commercial/ be removed within Apartment, Multi-family Commercial , street frontage. Industrial not to seven days of the Buildings or individual Industrial, Vacant exceed 3 feet by 4 sale or lease of the offices. Detached Signs shall Land (other than feet; Vacant Land Premises upon have a setback of 10 feet if residential): (except residential) which the Sign is Lot is vacant, 3 feet if Lot Advertising the not to exceed 4 feet located. has improvements. Sign may sale, lease or rent by 6 feet. be placed on structure or of the Premises wall if structure or wall is upon which such Each individual less than 3 feet from Sign is located, sign shall receive a property line. Height shall Sign copy with permit from the not exceed ave @ewsit prices is prohibited. Code Enforcement feet. Division who shall charge a fee of Only the information $15.00 per Sign. permitted on Residential Real Estate Signs plus the following information may appear: (1) Zoning Information. (2) Size of property and/or Building. (3) Permitted Use of Property. Signs may only be White and Black. Iridescent and Illuminated signs are prohibited. No signs are permitted on public property. SECTION 19. That Subsection 9-5 of Zoning Ordinance No. 89-2665 entitled "Sign Regulations per Zoning Districts" is hereby amended as follows: 9-5 SIGN REGULATIONS PER ZONING DISTRICT A. General Provisions * * * 5. Signs fronting on an Alley are prohibited unless the Alley abuts or is adjacent to a Parking Lot or garage, a-n4 nr where the Alley is the only 0.:Ac a means of entrance to a business, the area of the Sign shall be the same as if the Sign fronted on a Street. * * * B. Table 2 - Schedule of Sign Regulations Principal Use Signs Zoning Number Awning/ Flat Projecting Detached Accessory Special Conditions District Marquee (Pole/ Signs Pylon) 1. RS-1 Residential Not Residential Not Not Not 30 sq.ft. for a religious RS-2 Use: one Permitted Use: six (6) Permitted Permitted Permitted institution, public and RS-3 Sign per inch semipublic Uses, clubs RS-4 Street letters. or schools. frontage that has copy limited to the name of the Building. 16 2. RM-1 No more 15 sq.ft. One per 15 sq.ft. 15 sq.ft One sign The height of letters RM-2 than one Street height not for no shall not exceed one RM-3 Sign frontage; to exceed 4 more than foot on a marquee or R-PS 1 identifying 30 sq.ft. ft. above two Acces- Awning Sign; maximum R-PS 2 the main max. Grade. sory Uses; size for schools is 30 R-PS 3 permitted area of sq.ft. Signs shall not R-PS 4 Uses for each Sign have copy indicating each Street shall not prices. frontage. exceed 1 Unless sq.ft. per otherwise linear foot listed in of frontage Section A ................... above, all ..................... Signs must S4 iitittitOO r'• front on a Street. 3. CD-1 One Sign Awning: 20 sq.ft.; 15 sq.ft. Not One for Window Signs when CD-2 per`gtree See Section however permitted each sign is on a Canopy- CD-3 f ti iti ge 9-2,E one however, Accessory See Section 9-2,E. C-PS 1 for each Marquee: Building existing Use; area Temporary window C-PS 2 principal 175 sq.ft. identi- pole Signs of each signs for a period of C-PS 3 and Ac- only in fication which re- Sign shall time not to exceed 10 C-PS 4 cessory Use commercial Sign ceived a not exceed days and with a I-1 permitted. districts. located on Building 1 sq.ft. per maximum window the Permit linear foot coverage of 15% are parapet shall be of frontage permitted. facing a permittedPole Signs shall not Street is to be re- a ceecl:20 have copy indicating ...................... permitted tained with 8qi re:Tfee . prices. with an copy only area not to indicating exceed 1% the name of the wall of the main area that Use or the faces the name of Street. eating, drinking, or enter- tainment Uses or greeting messages. 9-6 Signs for Filling Stations, Shopping Centers and Artistic or Super Graphics * * * B. Signs for shopping centers (for purposes of this Section a shopping center is a main permitted Use in a commercial district with three (3) or more individual stores) shall be subject to the following: Type of Sign Number Sign Area Aggregate Area Special Conditions 1. Individual store One per store 10 sq.ft. N/A None Sign: a Flat Sign front. identifying the name of the esta- blishment. 2. Main Shopping One Sign per 30 sq.ft. N/A Pole Signs are pro- Center Sign: Street frontage or hibited. A detached Identifying the waterfront. horizontal Pylon Sign name of the sho •p- is permitted sstt'ie ping center and t3a :sh ppi g tenor the names of the S%.6., height not to SE?; stores. exceed five (5) feet. One 5 sq.ft. Directory Sign per 20,000 sq.ft. or fraction thereof of Floor Area is permitted when located on the Exterior wall of the Building. .Flat..Sign of ............................ .......... e'aeti:iicvre:ftztir�'sli�1T ' ......................................... •not to exceed 30 sq.ft. .......................................... ........................................... C. Artistic or Super Graphics or; eon€€band;rig that have no commercial ..................:..:..:.......... association are permitted, and may or may not face a Street, with the approval of the Design Review Board. If they are located in the National Register District then the Design Review Board shall include three (3) members from the Historic Preservation Board pursuant to Section 19. SECTION 20. That Subsection 11-3 of Zoning Ordinance No. 89-2665 entitled "General Provisions" is hereby amended as follows: 17 11-3 COLOR SELECTION PROCEDURES AND REVIEW CRITERIA A. The Miami Beach Facade Review Color Chart This chart shall be il avaable in the..Building_Department and the �g o —a =====g Hx�tcs ;sgttget:::atroa;#P :;Urbuq.::Deskisn Department. An Applicant for a paint permit shall select a color from the chart and must provide a paint chip or dry sample sufficient to indicate that the specified paint to be used matches a color shown on the Miami Beach Facade Review Color Chart or is a color which is lighter in shade than any other color on the Color Chart. B. Paint Permit 1. A Building shall not be painted without first receiving a Building paint permit pursuant to the requirements of the South Florida Building Code. 2. Permits for repainting of existing Structures or painting of new Structures shall not be issued until the Applicant selects a color from the Miami Beach Facade Review Color Chart and submits the color sample, for review and approval:by the Building Department, Pl^nn:~g and Zon:^ Historic Preservatran and Urban D ig 3 Director or a Board having jurisdiction to approve the color selection. Upon approval of the color sample, the paint chip or art sample shall be indicated on the painting permit and on the Building Card. The color sample shall be,attached to the painting permit and retained by the Building Department for future reference. 3. If the Structuretob..e..painted..requires a Board or Planning and Historic. 'reservation.sndUrban.Desrgn Di Zoning rector's approval, the Applicant may submit an application for a painting or Building Permit simultaneously with an application for paint approval. However, a Certificate of Occupancy, Certificate of Completion, or Certificate of Use, whichever is requested earlier,shall not be issued until the Planning .,...i Zoning H: stortc Prese rvatton an tb.t.ba De �.gn Director or Board having jurisdiction approves the painting selection. 4. With the exception of Buildings that are subject to the review of a Board that has jurisdiction over the Exterior painting..of a Structure, �.,,,,,:ng . „,� inn:nR the ....:......:...........:....:....:...............:..:....:......:.... .................:........ Director shall have the authority to approve or deny the color selection based upon the criteria as set forth in Section 11-3,C below. For projects being reviewed under Criteria 2 and 3 in Section 11-3,C, ............................................................................................ .......................................................................................................... the Planning and Zoning Histor c Preser tion a Llrb es ' a Director shall consult with the Chairman of the Design Review Board prior to the Director's determining compliance with the intent of the Ordinance. The criteria listed in Section 11-3,C shall be utilized for projects being reviewed by a Board. * * * 11-4 APPEAL A. An Applicant may appeal a decision regarding these regulations to the Board of Adjustment. The appeal shall be filed with the Planning and Zoning Director within 30 days of the date of the decision. The basis of the appeal is whether the determining agency acted arbitrarily or capriciously in reaching its decision. Appeal of a Design Review Board decision shall be made pursuant to procedures as set forth above. SECTION 21. That Subsection 12-1 of Zoning Ordinance No. 89-2665 entitled "General Provisions" is hereby amended as follows: 12-1 GENERAL PROVISIONS * * * D. Location and Use Restrictions 1. Educational Facilities - No Alcoholic Beverage shall be sold or ofCexcl :�` ;".::.:>;:>;;;:.>;:;�:::::; ;; ;> ; :>:<:: > ;:< ' within300 feet......of ::.;:�:::r,.�aasutn�t�ga.;y�.;a.;�A ,eretal,,Xlse any property used as a public or private school operated for the instruction of minors in the common branches of learning. Except for Uses in the Civic and Convention Center (CCC) District, Hospital (HD) District or within 300 feet of a Marina. 18 r 2. Places of Worship - N.o.Alcoholic..Beverage shall be sold ot #::': id `.:( ( co;naumption in a: except in restaurants for consumption on the premises, within 300 feet of any property used as a place of worship. 3. The minimum distance separation between retail stores which primarily sell Alcoholic Beverages for consumption off the Premises as a main permitted Uses shall be 300 feet. 4. Motion Picture Theatre - No Alcoholic Beverages shall be sold or afoot for ions toto0n; in any motion picture theatre or in any room .:..:..:....:...:.:....:..:......:..:........:...::.........::... opening directly or indirectly into or in connection with any motion picture theatre. .................................... 5. Filling Station - No Wine or Liquor shall be sold ?t3 c is ptii ii in any Filling Station. 6. Curb Service Sales - No Alcoholic Beverages shall be sold or served to Persons in a vehicle of any kind or from an Exterior counter or any type of walk up window. All sales are to be from the interior of the Structure. 7. All sales of Alcoholic Beverages for consumption off the Premises shall be in a sealed container. .... .............:.,.:..:........ 8; Teri~shaft'.b .n .Bottle. l.... . :: i. i it:: O feefi f:;gin ri ... rt.:. ... : . . >.,rw ate scho l<>:<.pcta.tet p �. � >~a� d.;:rdr„the.�i��tru�tlpn.:ofm�lnt�rs€€tzl tfer~cmon branches flf tear�iing ter Mace pf vvorshYp; SECTION 22. That Subsection 12-2 of Zoning Ordinance No. 89-2665 entitled "Permitted Districts and Standards" is hereby amended as follows: 12-2 PERMITTED DISTRICTS AND STANDARDS B. Permitted Main and Accessory Uses 1. Permitted Main Use: b. Outdoor Cafes, when visible from or facing a public Street, shall have a minimum of twenty (20) seats in order to be permitted to sell Alcoholic Beverages for consumption on the Premises. The establishment of Outdoor Cafes under this section shall be pursuant to Section 17 3, Conditional Uses. 2. Accessory Use: Hotel, Apartment-Hotels, or Apartments, or any mixed Use having a minimum of one hundred (100) Apartment Units or a minimum of one hundred (100) Hotel Units or which are located in the MXE District, shall be permitted to have Accessory Uses which sell Alcoholic Beverages pursuant to the following minimum standards: b. Outdoor Cafes when visible from a public Street which have a minimum of twenty (20) seats are permitted to sell Alcoholic Beverages for consumption only on the Premises. The establishment of the Outdoor Cafe shall be pursuant to Section 17 3, Conditional Uses. SECTION 23. That Subsection 13-9 of Zoning Ordinance No. 89-2665 entitled "Procedure for Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchens" is hereby amended as follows: 13-9 PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS A. Options * * * 3. Establish these units as legally non-conforming by: a. paying $BOO $-1-89 plus a processing fee of $3 $25 per Unit which is in violation to the Planning and Zoning Department, * * * 19 D. Subsequent renovations greater than 50% of value of structure or replacement value If a Building comes into compliance pursuant to option #3 and subsequently the owner makes renovations totalling 50% or more of the Value Determination of the Property if located north of 6th Street or 50% or more of the eplacette#nt e Dade County tax assessed value for properties in the Redevelopment Area, the owner must bring the Building into compliance with the density, parking and Floor Area regulations of the City of Miami Beach Zoning Ordinance and will not be able to retain the legally non- conforming units. SECTION 24. That Subsection 14-2 of Zoning Ordinance No. 89-2665 entitled "Review by Planning Board" is hereby amended as follows: 14-2 REVIEW BY PLANNING BOARD * * * E. In reviewing a request for an amendment to this Ordinance, the Board shall consider the following when applicable: * * * 8. Whether the proposed change wi.. .create or excessively increase - r ffi t a c con... estion.b0:;alad€tlxt~LtOe:Ia:>opSOrVice::asep1prtl€::wthi:e 00.6i#000iNciEto or otherwise affect public safety; SECTION 25. That Subsection 15-5 of Zoning Ordinance No. 89-2665 entitled "Development Regulations" of the Dune Overlay District is hereby amended as follows: 15-5 DEVELOPMENT REGULATIONS B. Size and Spacing of Chickees, Shade Structures and Outdoor Cafes: As the Dune Overlay regulations are intended to provide a natural beach eq i environment, it is recommended required that individual Structures/decks be less than 400 square feet in Floor Area and that Structures be separated by a distance of 10 to 25 feet and that this area be landscaped. Nothing in this Section shall be considered to allow Development exceeding the maximum stated in Section 15-5,A above. SECTION 26. That Subsection 16-5 of Zoning Ordinance No. 89-2665 entitled "Determination of Jurisdiction" is hereby amended as follows: 16-5 DETERMINATION OF JURISDICTION All Variance requests shall be submitted to the City Attorney for a determination of whether the requested Variance is properly before the Board and whether it constitutes a change or amendment to the Zoning Ordinance. The jurisdiction of the Board of Adjustment shall not attach unless and until the Board has before it a written opinion from the City Attorney that the subject matter of the request is properly before the Board. The separate written recommendations of the Planning and Zoning Director and of the Public Works prior to its Diitrec...tot.mr..ris.h�rnarlltl...bf ob.mefootrh.e..e.t.rh e Board considerationof anymatterbefore Dparmnt nodnbunodlimtdtothPbc tork3eptmenadte trti rie Preservation. and Urba :.tJes :n De.pattat6.it 'sal] be mouvarate .into these::recommend CI I15. SECTION 27. 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: 1. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance with the ................................................ ...... .......................................... exception of appeals pursuant to Section 17 1,H 174: adi;18xls. .:.::.....................:..:.................. In the event of an Administrative Appeal to the Board of Adjustment, the Planning and Zoning Director may engage the services of an attorney for the purpose of representing the Administrative Officer who made the decision that is the subject of the appeal. 20 In exercising this power, the Board of Adjustment, may upon appeal, reverse or affirm, wholly or partly, the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the Applicant on any matter upon which the Board is required to pass under Ordinance. * * * B. Fees - The below fee schedule is established for the purpose of defraying expenses of public notices, postage, printing, determining the impact of the request and other administrative costs in connection with Variance requests; when it is alleged there is an error in any administrative order, requirement, decision, or determination made by an administrative official; or a request for the Board to clarify a condition, finding, or amend a decision. 1. Variances, Appeals from Administrative Decisions and Signs: a. Single-Family Residences $125 $444 filing fee plus $. $48 for each individual Variance requested. b. Parking Requirements $25 $294 filing fee plus $125 $4.98 for each individual Variance requested c. Multi-Family, Commercial, $500 $488 filing fee plus Industrial or mixed Use $:125 $4-98 for each Development properties individual Variance requested d. Appeal from 00 $444 Administrative Decision e. Signs $250 $288 plus $65 $38 per Request With the exception of Variances associated with single Family residences, the application fee shall be supplemented by an additional $0.50 per mailing address. 2. Deferments, Withdrawals and Clarifications If a deferment or an extension of time is requested by the Applicant, an additional fee shall be assessed as follows: a. Single-Family Residences $65 $4.4 per Variance b. Parking Requirements $5 $44 per Variance; but not less than $125 $4-98 c. Multi-Family, Commercial, $65 $58 per Variance; but Industrial or mixed Use not less than :$1 $488 ..:......... Development d. Appeal from $25O $288 Administrative Decision e. Signs $ 5 $24 per Variance or Sign whichever is greater 3. If a request for a deferral is approved by the Board of Adjustment, and not at the request of an Applicant, there will be no additional fee. 4. When an Applicant requests a clarification, extension of time, an amendment to a previous Board of Adjustment decision, or any other request that is not a Variance or Appeal of an Administrative Decision, a fee of $250.00 shall be assessed. Public Notice requirements listed in Section 16-3 shall be applied. 5. If the Applicant withdraws his application after it has been accepted by the Planning and Zoning Department, the City shall refund 50% of all required fees and no further refund shall be made. 21 • • 6. A public hearing or appearance by the Applicant before the Board shall not be scheduled or permitted until the Planning and Zoning Department has determined that the application is complete and all fees have been paid. '��; " '�'tee'the: z�et'�..�ar�ancesshaiY aut�n€t�t�e��:� � e � doub�� yes SECTION 28. That Subsection 17-2 of Zoning Ordinance No. 89-2665 entitled "Meetings and Procedures" of the Planning Board, is hereby amended as follows: 17-2 MEETINGS AND PROCEDURES. A. The Board created hereby shall elect a Chairperson, a Vice Chairperson, and a Secretary. It shall have authority to adopt rules and regulations for its guidance in the transactions of its business, subject to.the limitations of the aa City's Charter and ordinances. The Board shall stlsf appropriate rules, establish the time, place and manner of holding regular and special meetings. The Board is also authorized to call public hearings and to create committees and sub-committees when deemed appropriate or convenient for the performance of its duties. * * * D. Quorum and Voting. Au r m h o u s all n i requires City Commission a pproval::,A quorum of::five.(5) regular members is required for Condttionai... sesand arty matter that does not requtrc City 5tc�r�.:� .:::rQv�.. An affirmative vote of t'�a3'r :4'.r� ularrr�rsla�rss�':.:'11 be required to approve a :requestbefore the Board that requires City C . ..4:jov PProaAa:.n affr` aie>:v ote;off iv e (5) regularmt demuebserst ts hall berequiredtoapproveCnditionalTe request omatertha equireCityCommisonapproal before the Board. If an application is denied, the Board shall provide a written statement in support of its finding. SECTION 29. That Subsection 17-4 of Zoning Ordinance No. 89-2665 entitled "Conditional Use Procedures" is hereby amended as follows: 17-4 CONDITIONAL USE PROCEDURES * * * C. Applications for Conditional Uses. * * * 2. Time Limitations * * * b. When extenuating circumstances or compelling reasons prevent the Applicant from complying with conditions of approval within the above stated time periods, the Applicant may submit a request to the Planning and Zoning Director who, after consultation with the Chairman of the Planning Board, may approve one nine (9) month extension of time to: (1) obtain a Building Permit, or (2) to complete all construction work and obtain a Certificate of Occupancy, Certificate of Completion or Occupational License. Subsequent requests for an extension of time hall sonly be approved f by the Planning Board, ra ma*lmum off`atcaktitk4aliiiiiii,4 where the public notice requirements shall be satisfied by placing the request on the Board's Agenda t ny' ditional requests for art extension of :a shall be cons tiered as:a e Cordit o al„ire.a131s icat on Appeal of the Planning and Zoning Director's decision shall be to the Board and shall be scheduled no earlier than 20 days prior to the next regular meeting date. Appeal of the Board's decision shall be to the City Commission. A five-sevenths (5/7) vote of the Commission shall be required to overrule a decision of the Planning Board relating to an extension of time requested. The appeal shall be filed within 30 days of the date on which the Board's decision is reached. * * * F. Fees - The below fees are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications: 22 1. Any Applicant requesting and obtaining a public hearing before the Planning Board shall pay the following fees: a. Conditional Use - when a $ 00 $489 plus $0.50 per fee has not been established mailing address for a specific Use b. Adult Congregate Living $100:$4-00. plus $45 $-34 per bed Facility plus $0.50 per mailing address 2. A request for minor amendment to an approved Conditional Use, clarification of conditions or an extension of time shall require a fee of $ ?0 $250.00. 3. A request for a substantial amendment to an approved Conditional Use shall require a fee of $5.00. $480.00 plus $0.50 per mailing address. 4. If an Applicant withdraws his application prior to the dateof the public hearing and requests a new hearing date, a fee of $625 $589 shall be required. The fee is to defray the costs of scheduling the new public hearing, to notify the Property Owners of the cancellation of the original public hearing and establishment of the revised hearing date. 5. If the Applicant requests a continuation of a public hearing, a fee commensurate with all costs shall be assessed; however, the fee shall not be less than $254. $200.00. 6. A fee of $500 $499:99 shall be required in order to file an Appeal of a Planning Board or Planning and Zoning Director's decision. If notification of property owners is required, the fees shall be as set forth in Subsection 17-4,F. G. Appeal of Conditional Use Decisions 1. An Applicant may appeal a decision of the Planning and Zoning Director to the Planning Board within fifteen (15) days of the date on which the Board bitigtot reached a decision on the application. * * * 3. Appeal from a Conditional Use decision of the City Commission shall be to the court of appropriate jurisdiction pursuant to the laws of ............................... - • • • - - - shall be t� a xnr.t c eo petent':j tr s nn by petitrca I� wr3t t�#` ert�c sari. SECTION 30. That Subsection 18-1 of Zoning Ordinance No. 89-2665 entitled "Design Review Board Powers and Duties" is hereby amended as follows: 18-1 DESIGN REVIEW BOARD POWERS AND DUTIES A. Powers and Duties 1. To promote excellence in urban design. 2. To review all applications requiring Design Review. 3. To prepare and recommend adoption of design plans pertaining to Neighborhood Studies. 4. To promote reduced crime and fear of crime through the use of Crime Prevention Through Environmental Design Guidelines and Strategies, as approved by the City Commission. �`�;l�ear � � de�itie appeals of th��::�xsttlrt� �t?���t�r�txa�.a ancl:�lr6a�. Design irect5r et dccidtng.mattor$:°p r ua.nt li ctxvn.l8t B. Membership 1. Composition - The Design Review Board shall be composed of seven ... ........... (7) regular members and two (2) e (1) ex-officio members. The seven (7) regular members shall consist of two (2) registered architects, one (1) registered landscape architect,one (1) professional engineer, one (1) professional land planner and two (2) citizens 23 at large The two.(2)6fiii!kbex-officio members shall be the Planning Historic Preservation and Urban esign Director and Public Works Director. The City Attorney's office shall provide legal counsel. * * * C. Terms of Office The term of service on the Design Review Board shall be two (2) years. 14e regular member shall serve more than three (3) consecutive terms. The members of the first Board shall be appointed as follows: one (1} architect, one (1) citizen, the general contractor and the developer shall be appointed for a two (2) year term and the remaining three (3) members shall be appointed for one (1) year term. Thereafter, every member appointed shall be appointed to serve a two (2) year term. * * * F. Meetings The Board shall meet within a reasonable time upon receipt of an application, at the call of the Chairperson or the Planning and Zoning llistric Preservation and Urban Design Director All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. SECTION 31. That Subsection 18-2 of Zoning Ordinance No. 89-2665 entitled "Design Review Procedures" is hereby amended as follows: 18-2 DESIGN REVIEW PROCEDURES A. Design Review Criteria. Design Review encompasses the examination of architectural drawings for consistency with the criteria stated below, with regard to the aesthetics, appearances, safety, and function of the Structure in relation to the Site, adjacent Structures and surrounding: community. •TheBoardand the Planning and Zoning HigitiditibikkiiiMEMOWNWiD4040 Department shall review plans based....upon the below stated....cri.teria and crIteria listed in Neighborhood Plans Reccrnmndations of the Historic Preservation nd ditOwpg0g4Eptogpxp. ff6.htgitfto*buiokoWZOgiggi#6#topglw# Vthg,igoWWW:otkcpogoyttOogt. If floor area ratio bonuses are requested and allowed in the district in which the property is located, criteria listed in Section 6-24,B shall apply. If the Board determines that an application is not consistent with the criteria, it shall set forth in writing the reasons substantiating its finding. * * * B. Applicability and Exemptions. 1. Applicability. All Building Permits for new construction, Alterations, or additions to existing Buildings, including fences, Parking Lots, walls and Signs, whether new or change of copy, • -•• • : • • areas §hallbc §ubjeet....to.....Teview under the Design Review procedures, except as No Building Permit shall be issued without the written approval by the Design Review Board or staff as provided for in these regulations. for the following areas: a. Between Collins Avenue and the Erosion Control Line. b. Any properties, excluding Single Family Structures, that arc adjacent to Biscayne Bay or any other canals or Waterways. c. Within Waterway Districts (WD) I and II, the Government Use (GU) District, the Light Industrial (I 1) District, the • (MXE) District, any locally designated Historic District or Site, Convention Center (CCC) District and Townhome (TH} Districts. d. Within a designated Redevelopment Arca. . . . - . - • 1 .- t. • - • • . •_ • _: : Commercial Use. 24 f. All Lots and parcels from 73 Street to 87 Terrace fronting on Harding Avenue, Collins Avenue, Ocean Terrace and Atlantic _ • _ _ _ _ ._ ._ . _ . _ • _ specifically, All of Blocks 1, 2, 9, 10 and Lots 1 7 Block 3 and Lots 1 recorded in Plat Book 34, page 4 of the Dade County Records; and, All of Blocks 7,10 and 17 24 and Lot 3 Block 7 of the Corrected Plat of Altos del Mar No. 1 Subdivision as. recorded in Plat Book 31 page 1 of the Dade County Public Records; and, All of Blocks 12 15 and Lots 2 3 Block 11, Lots 1 3 Block 1 and Lots 1 3 Block 10 of the Altos del Mar No. 2 Subdivision as recorded in Plat Book 1, Page 162 of the Dade County Records; and, All of Block 1 6 and Lots 7 12 Block 7, Lots 7 12 Block 8, Lots 7 12 Block 9, Lots 7 12 Block 10, Lots 7 12 Block 11 and Lots 4 6 Block 12 of the Altos del Mar No. 3 • . • • . • Dade County Public Records; and, Haynsworth Beach Subdivision as recorded in Plat Book 11, Page 2 of the Dade County Pubic Records; and, All of Blocks 7 10 a . _. ! • ! t : , and Lots 10 11 Block 6 of the Beach Bay Subdivision as recorded in Plat Book 44 Page 25 of the Dade County Public Records; and, The Catholic Church propert . . : • _ . . Byron Avenue and on the north h.. the .,o..*were boundary of the City of Miami Beach. g. Architectural District review of architectural plans pertaining to existing Structures and additions shall be based upon substantial compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating • . .. amended. Review of architectural plans for new construction shall incorporate architectural features which are representative of the surrounding Historic Structures in the Architectural District. h. Any Structure located within the - ! - . . e• • _. • . review shall be limited in scope to the criteria specified in Section 18 2.A, 2, 3, 4, 8, 9, 10, and 11. All Parking Lots and garages when they are the main permitted Use. 2. Exemptions. Exemptions to these regulations include all of the following provided no new construction or additions to existing Buildings are required: a. all permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment when such work is entirely within the interior of the Building; however, the Planning Historic 170- f6,f1.01Vaity.-44.01..0.0:,:jjaWfti$00.40 Director may approve such Building Permit applications for minor work on the Exterior of Buildings. b. any permit necessary for the compliance with a lawful order of the Building Official, Fire Marshall or Public Works Director related to the immediate public health or safety. c. all permits for interior Alterations and repairs not affecting a Building listed as a Historic Structure in the City's Historic Property Database. 25 d. all permits for Demolition or wrecking. .................................. e. all single Family Dwellings...excepti 'qit are exempt from the Design Review regulations. f. Municipal Buildings, Uses and Sites exempted by the City Commission pursuant to Section 6-12 B.4 of this Ordinance. C. Application for Design Review The Applicant:shall obtain a Design.Review application from the Planning n and ZoningHistoric.:P;tes rvat:.ioit;:;a:nd::U:'.ba:l;D:es ;g#n Department which shall be responsible for the overall coordination and administration of the Design Review Process.. Whenthe application is complete, the Planning a d Zoning abotichigigiociivigaiiiptogigogoigA Department shall place the application on the agenda and prepare a recommendation to the Design Review Board. The Planning and ZoningI st Sri , ?`res rva.t of Design; Department shall determine the date on which the application will be heard by the Board; however,.the Board.shall consider the application and cmP Planning and Zoning Histor reaca€ atro 1. and:Vt0.40 Design Department ........:....:....:................:................:.................:........ recommendation within forty-five (45) days from the date of submission of a .................................................................. completed application to the Planning and Zoning Hts'tottc;Pres r ation'and urban Design Department. D. Decision of Board The Planning and Zoning Hxsloric Preservation and Urban Des gn Department shall provide the Applicant with advance notice of the hearing date and time, including a copy of the agenda and the recommendation of the Department. The Board shall approve, approve with conditions or deny applications. The Board may require such changes in said plans and specifications as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, as established by the standards contained in this Ordinance and as specified in the City's Comprehensive Plan and other specific plans adopted by the City of Miami Beach pertaining to the areas identified in Section 18-2,B.1. Upon approval of an application by the Board, the Planning and Zoning Histori Preseryat on anti;Urban: Design Director or his authorized representative shall stamp and Sign three (3) sets of plans. Two (2) sets of plans shall be returned to the Applicant who may then submit an application for a Building Permit. The remaining approved plans shall be part of the Board's official record and shall be maintained on file with the Planning and Zoning g ..:::::.::..:.::.ititrgs0040.0a anEd,Uxba*0: s,agn. Department. The Planning andZoning Z o ng itOo; tePreservatloriitiE'. r:han:;Deszgx .....................:.. ..... ..................:.....:..:.................. Department shall issue a letter informing the Applicant of the Board's decision. If approval is denied, the letter shall specify the reasons for denial. E. Fees An Applicant requesting a hearing before the Board shall pay, upon the submission of an application to the Planning and Zoning H st ri c Pi? s r tion`and rbai' De ign Department, a fee :]*basedupor the f'oi ow n schedule of 1% of the e:, . -. . . . - • • - - •; . . • . _ • . • $50.00 or in excess of $100.00. base`fe o'f` 41) fid plus $O t1O ..per square feet of floor,a.rCa tin application requiring staff;rev ew only:shall :require.:< "fir >ttilY: POP 3 An application pertaining only to Signs shall require a fee of $50.00. An application pertaining only to paint shall require a fee of $15.00. If a deferment or clarification hearing is requested by the Applicant, an additional $50.00 fee shall be assessed. If a deferment or clarification of conditions is requested by the Board, there will be no additional fee. 26 If the Applicant removes his file from the.agenda after ithas been accepted by the Planning and Zoning Historic Preserve tion.and I„3'rban 0040 Department, the City shall retain 50% of the application fee. a: ::l nidi:::s: All inAu:r:r ou:bl The above fee schedule is provided to defray the costs associated with the Administration of this Section. F. Clarification Hearing Should a question arise as to compliance with the conditions as outlined by the Board, a clarification hearing before the Board may be called at the request of the Planning and Zoning Historic ?r s rra:t.inn.an;(10.0anU:esi t Department or by the Applicant. G. Building Permit Application 1. The Applicant or his authorized agent shall make application for a Building Permit. The application shall include, at a minimum, the two (2) sets of plans which were approved by the.Board and stamped ..: .. ........;;: ... :.::........::.:;:::;;;;;:;::.. and Sinned.by the Planning and Zoning Historicptgs z alien an rtaan:l)e5ig; Director or his authorized representative. 2. No Building Permit,,Certificate of Occupancy, Certificate of Completion, or Occupational License shall be issued unless all of the plans, including amendments, notes, revisions, or modifications have been approved by the Planning and Zoning HistairRteservat o 4#4 UrbanVilikiNggi Director. Minor modifications to plans that have been approved by the Board shall be permitted when approved by the Planning and Zoning Historic Prerva estion and UrbanDeaign Director. 3. No Building Permit shall be issued for any plan subject to Design Review except in conformity with the approved plans. The Applicant shall have up to one (1) year from the date of design plan approval to obtain all necessary Building Permits required to proceed with construction. If the Applicant fails to obtain said Building Permit(s) within the time period, all staff and Board approvals shall be null and void and the Applicant shall be required to re-initiate the Design Review process; however, an extension for cause, not to exceed one (I) year, may be granted by the Board. 4. An Applicant may submit an application for a Building Permit simultaneously with a design plan review in order to expedite processing, however, no Building Permit shall be issued until the final design plan has been stamped and signed by the Planning and Zoning Historic Pre a`u ttt�n a d rb estgn Director or his authorized representative in accordance with this Ordinance. H. 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 rehabilitations and additions to existing Buildings, or the construction, repair, or rehabilitation of new or existing walls, At-Grade Parking Lots,fences, and Signs including change of copy, the Planning and Zoning Historic Preservation nd__ r1<an esgiDirector or his designated representative, upon the written authorization of the Chairperson of the Design Review Board, shall have the authority to approve, approve with conditions or deny an application on behalf of the Board. The Director's decision shall be based upon the criteria listed in Section18-2. Any appeal of the Planning and Zoning Hasto it Preservation and Urban 061g0 Director's decision shall be considered by the Board at the next regular meeting date. Appeal of Design Review Decisions .................................... 1. The Applicant or the P-1-aming and Zoning Department may appeal any decision of the Design Review Board to the City Commission. The appeal shall be in writing and submitted to the Planning and Zoning Historic Preservation::and Urban Design Director within twenty (20) days of the date on which the Board reached a decision on an application. The Planning and Zoning 27 . a .L:c :Ps + :tAt: zd:Caa:;:Ues Director shall place the :::....:....:...........:.............................:...:..:.......:..:..:..:..:......:........ appeal on the City Commission agenda within thirty (30) days of receipt of the appeal. * * * 3. Appeal from a decision of the City Commission shall be to the court • - - - - tetx.t. SECTION 32. That Subsection 19-4 of Zoning Ordinance No. 89-2665 entitled "Historic Preservation Board" is hereby amended as follows: 19-4 HISTORIC PRESERVATION BOARD There is hereby created a Miami Beach Historic Preservation 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 or workmanship, in accordance with the goals of this Section. A. Powers and Duties The Board shall: 1. Recommend to the Planning Board, Design Review 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. Recommend to the City Commission whether a Certificate of Appropriateness for Demolition should be issued or denied pursuant to the procedures specified in Section 6-20,D. 4. The Historic Preservation Board may advise the Board of Adjustment with regard to Variances associated with properties designated as an Historic Site or within a local Historic District or on National Register District through written recommendation to be read into the record by the Planning and Zoning Director at the Board of Adjustment's hearing. 5. Facilitate the redevelopment of Historic Sites and Districts by............... directingPlanning and Tonin ;is..,.. the � stor�e�reset~�rat�ot� atzd�rba� t3egn Department, and other City departments, to provide advisory and technical assistance to Property Owners, Applicants for Certificates of Appropriateness. 6. The Board shall make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this Section. The Board shall prescribe forms for use by Applicants when requesting action under this Section. The Board may authorize any one of its members to administer oaths and to certify official documents. W.........la.................. • ....... 'the oar l shalt be emp awered to award historic markers upon i t} a::rec mmemdation:.of the City ana;g r andit ::tyre consent Of the City CornniYstital * * * C. Appointment Historic Preservation Board members shall be appointed by the City Manager with the consent of the City Commission. An eligibility list solicited from the organizations listed below shall be considered by tlh City Manager in selecting Board members: 28 • 1. American Institute of Architects, local chapter 23: Miami Design Preservation League <1 Miami Beach Visitors and Convention Authority 4::s, Miami Beach Development Corporation ark: Miami Beach Board of Realtors P.:. Dade Heritage Trust 7&- Florida Engineer Society, local chapter The term of service on the Historic Preservation Board shall be two (2) years. In order to provide continuity, the members of the first Board appointed under this Section shall be appointed as follows: the architect, the engineer and the architectural historian shall be appointed for a two (2) year term. The remaining six (6) members shall each be appointed for one (1) year terms. Thereafter, every member appointed shall serve a term of two years. * * * F. Meetings The Historic Preservation Boardshall meet at the call of the Chairperson or Planning ^nd Z^ s flii: tikkittOgiiitiORWV.064.1gPgaiji Director in order to carry out the provisions of this Section. All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. G. Organization 1. The Chairperson and Vice Chairperson shall be elected from the members of the Board by a majority vote and shall serve in that capacity for a period of two (2) years. 2. The Planning and Z., ' .,.. Department shall provide the necessary staff to assist the Board in the performance of its duties. SECTION 33. That Subsection 19-5 of Zoning Ordinance No. 89-2665 entitled "Designation of Historic Preservation Sites or Districts" is hereby amended as follows: 19-5 DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS A. Historic Site/Historic District Designation Procedure 1. Requests for Designation a. Requests for designation of an individual Historic Site or District may be made to the Board by motion of the Board, the City Manager, by resolution of the Planning Board or City Commission, by any Property Owner in respect to his own property, by a majority of Property Owners of record within a proposed district, by resolution of the Metropolitan Dade County Historic Preservation Board, or by resolution of any organization whose purpose is to promote the preservation of Historic Sites. b. Proposals for designation shall include a completed application ...:....:..:......... form available from the..Planning and Zoning Rsst(ri iiu$0 ..idWifiktithtiftrO0a0 Department. c. Fees (1) A request initiated by any entity other than the City Commission, a City Board or other City Official as set out in Sec. 19-5,A.l.a for Site designation shall include an application fee of $200.00. 29 S • • (2) A request initiated by any entity other than the City Commission, a City Board or other City Official as set out in Sec. 19-5,A.1.a for district designation shall include an application fee of $10.00 per platted Lot. 2. Preliminary Review Upon receipt of a completed:.application:and fees, if applicable, the :::>::>::»::::..... Pl. ening and Zoni Htstor#c.Preservat*cni a t004n De11g2 Department shall prepare an evaluation and recommendation for consideration by the Board. After considering the Department's recommendation, a majority vote of the Board shall be necessary to direct the Department to prepare a designation report. 3. Designation Report The designation report shall describe the historic, architectural and/or archeological significance of the property proposed for Historical Site or District designation, recommend Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed Developments affecting the designated Site or district. The designation report shall be presented to the Board at a public hearing held during a regularly scheduled meeting. 4. Public Hearing - Notification A public hearing on a proposed historic preservation designation shall be conducted by the,Historic Preservation Board within forty-five (45) days from the date a designation report has been filed. The Property Owners of record within the proposed designation area shall be notified by mail of the public hearing at least fifteen (15) days in advance of the hearing. The area shall be posted, which includes a summary of the request, within fifteen (15) days of the public hearing. < :€'' lie stor..:ic:Preservation ad m:iniiisitrait ngi thilai$ectrc ni * * * C. Historic Preservation Designation * * * 2. Upon an affirmative recommendation by the Historic Preservation Board, the proposed designation shall be transmitted to the Planning Board who shall process the proposed designation as an amendment to the Zoning Ordinance in accordance with the procedures specified in Section 14, Changes and Amendments, of the Zoning Ordinance. a. Historic Buildings shall be listed in the Miami Beach Historic Properties Database as it may be revised from time_to time and T maintained by the anning and '^^ ^^ H stc r i r s rvat i a 3.4*.t'A siga. Department. b. Non-historic Buildings which are located in a locally designated Historic District or Site shall be listed in the Miami Beach Historic Properties Database, which may be revised from time to time and. which is maintained by the.lanning ^nd Zrefring tstt rt:c:.p e e:.r..: at ton;; 4.141 ba:n< s.tgr; Department. 3. No Site or district shall be designated as an Historic Site or district except by a five - sevenths (5/7) majority vote of the City Commission. 4. Upon a negative recommendation by the Historic Preservation Board the applicant may appeal the Board's decision to the City.Commission. The appeal shall be filed withthe Plan,,;^R and Z^^ ^g Hxstar c Preservation anti Urban design; Director within thirty (30) days of the date of the Board's decision. The Board's decision may be overturned only upon a five-sevenths (5/7) vote of the City Commission. 30 r • SECTION 34. That Subsection 19-6 of Zoning Ordinance No. 89-2665 entitled "Issuance of Certificate of Appropriateness/ Certificate to Dig/ Certificate of Appropriateness for Demolition" is hereby amended as follows: 19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/ CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION * * * A. Application * * * 2. All applications involving Demolition, new Building construction, additions to existing Buildings, major renovation work or substantial Alteration of a designated Historic Structure or Site shall be on a form provided by the Board and shall include such information as the Board may determine is needed to allow for complete evaluation of the proposed Demolition, construction and other physical Improvements, Alterations or modifications including, but not limited to, the following: * * * C. Decisions on Certificates of Appropriateness * * * 5. Certificate of Appropriateness for Demolition * * * Luts<::cor::>Ga:r::ages:::a ::::main:>: or::m:itted:::: i permitted P*0 .:.;. k ka... .a.. .ot n is can Dxt.. .. r Espana#a> ':tay' g; ........A.Building "ermil hall nab fie issued dor tft demol t f a H.isturic Structure until a Building Perm ..for the new hf7 Fees - the below fees are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications for, Certificate of ............................................ ............................. Ap .ro _riatenessfor Demolition ;;ncluding me 0:0.0.ts . certific te o KNOoriatenest t`er tioiik itio (1) $400.00 plus $.50 per mailing address. (2) If an Applicant withdraws ;the t#i-s application prior to the date of the public hearing and requests a new hearing date, a new fee is required. The fee is to defray the costs of scheduling the new public hearing, to notify the Property Owners of the cancellation of the original public hearing and establishment of the revised hearing date. (3) If an Applicant withdraws an application prior to an advertised public hearing, one-half (Z) of the fees paid shall be retained by the City. * * * 198 9: In proceedings before the Historic Preservation Board: A g, Any Person appearing before the Historic Preservation Board on an application for a Certificate of Appropriateness shall be administered the following oath by any Person duly authorized under the laws of Florida to administer oaths: "I, , hereby swear under oath that any and all testimony to be given by me in this proceeding is the truth, the whole truth, and nothing but the truth, so help me God." Any Person giving false testimony before the Historic Preservation Board shall be subject to the maximum penalty provided by law. 31 • x:b7 Upon the withdrawal or final denial of an application for a Certificate of Appropriateness for Demolition from the Historic Preservation Board and/or City Commission, a new application cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision of the Historic Preservation Board and/or City Commission taking any such final action is made without prejudice. An application may be withdrawn without prejudice by the Applicant as a matter of right if such request is signed by. the Applicant and filed with the Planning and Zoningfat Department rigiving e or tothe .:......:...:..........:.......:....:..:...:........:..:............::....... of any notice required by this Ordinance; otherwise, all such requests for withdrawal shall be with prejudice, save and except that the Historic Preservation Board and/or City Commission may permit withdrawals without prejudice at the time the application for such Certificate of Appropriateness is considered by such Board and/or Commission; provided further, that no application may be withdrawn after final action has been taken. op7 After a request for a Certificate of Appropriateness has been properly considered by the Board and/or City Commission, the Applicant shall record in the public records of Dade County the action and conditions, if any. No Building Permit, Demolition permit, Certificate of Occupancy, Certificate of Completion or licensing permit shall be issued until the recordation has been complied with. Prior to recordation, the City Attorney shall approve the instrument. Only the Historic Preservation Board and/or the City Commission is empowered to release conditions, assuming the condition is no longer applicable. SECTION 35. That Subsection 19-8 of Zoning Ordinance No. 89-2665 entitled "Appeal" is hereby amended as follows: 19-98 APPEAL A. Any Person affected by a decision of the Historic Preservation Board may appeal such decision within 30 days of the Board's action pursuant to the following procedures: 1. Appeals relating to design issues (not Demolition issues) associated with a Certificate of Appropriateness shall be decided by the Design Review Board pursuant to Section 18-2; 2. Appeals pertaining to Historic District or Site designation, shall be to • -- . - . . . - - '• _ '. ' : •_ after the City Commission has approved or disapproved such.designation pursua.nt to Section.. 14, ................................................................................... Chanes. and Amendments< h It b t curt f com etent 3urrsd ct c n by:;pettfi Qn: fnr: rxt:of :eer:t Qrar:. 3. All appeals with the exception of those pertaining to Historic District. or Site designation, shall be filed in the atorie Pfetervatiowattti.UthamDtsign Department which shall process the request. B. An aggrieved party or the Applicant for the Certificate of Appropriateness for Demolition may appeal the City Commission's decision to the court of competent„jurisdiction provided such an appeal is filedwiththe Court pursuant to the Florida Rules of Appellate Procedure bytity `frit: writ.:of>cert or:a.rt .............................................. ............................................ SECTION 36. That Subsection 20-3 of Zoning Ordinance No. 89-2665 entitled "Use Regulations” of the Performance Standard District is hereby amended as follows: 20-3 USE REGULATIONS * * * B. Table of Permitted Uses General Use R-PS 1,2 R-PS 3,4 C-PS RM-PS 1 Category 1,2,3,4 Single Family; P P P P Townhome; Apt/Hotel not permitted Apartment; Apartment/Hotel 32 r Hotel N P P N Commercial N N P P (8% of Floor Area) Institutional C C C C (1.25% of Floor Area) Accessory P P P P P - Main Permitted Use C - Conditional Use N - Not Permitted Floor Area in the M-PS 1 District refers to total Floor Area in project. Commercial Uses in RM-PSI limited to stores and restaurants. For purposes of this Section, Filling Stations and any Use that sells gasoline or automotive or related repair Uses are considered as industrial Uses and are not permitted in the Redevelopment Area. rnmercial and non..comme€ al Parkin .Lots and Gar es shall be cor s de ~ed :...::......::::::::::::::::.......:.::f .00R:::P ;I.,.Zaagdl; astr,a,Pts SECTION 37. That Subsection 20-4 of Zoning Ordinance No. 89-2665 entitled "Performance Standard Regulations" is hereby amended as follows: 20-4 PERFORMANCE STANDARD REGULATIONS * * * C. Setback Requirements R-P$1,2,3,4 1. Front 2. Side, 3. Side, 4. Rear Interior Facing a Street a.At Grade Parking 20' 5', or 5% of Lot 5', or 5% of Lot Non-oceanfront Lots Lot (below Width, whichever is Width, whichever is -5 feet Building) greater (0' if Lot greater. Oceanfront Lots - Width is 50' or less). 20% of Lot Depth, 0 ..................................... Itt;it> b. Subterranean 20' 5', or 5% of Lot 5', or 5% of Lot Non-oceanfront Lots Width, whichever is Width, whichever is -0 feet greater. (0' if Lot greater. Oceanfront Lots - Width is 50' or less) 20% of Lot Depth, 4 tee .t.W00.00401 11� c. Pedestal 20' Sum of the Side Sum of the Side Non-oceanfront Lots Yards shall equal Yards shall equal -10% of Lot Depth. 16% of Lot Width. 16% of Lot Width. Oceanfront Lots - Min.- 7.5' or 8% of Min.- 7.5' or 8% of 20% of Lot Depth, Lot Width, Lot Width, 50' minimum WO ..........................:....::.:. whichever is greater. whichever is greater. the h ilkii a 1 tl ie. d. Tower 20' + 1' for every 1' The required Sum of the Side Non-oceanfront Lots increase in height Pedestal setback Yards shall equal -15% of Lot Depth. above 50', to a plus .10 the height 16% of the Lot Oceanfront Lots - maximum of 50', of the Tower not to Width. 25% of Lot Depth, then shall remain exceed 50 feet. Min.- 7.5' or 8% of 75' minimum}CQtf ............................:...:... constant. Lot Width, )jkejZj. whichever is greater. 33 • * * * E. Setback Requirements C-PS1,2,3,4 1. Front 2. Side, 3. Side, 4. Rear Interior Facing a Street a. Subterranean 0 feet 0 feet 0 feet 0 feet b. Pedestal and 0 feet 10' when abutting a 10'when abutting a 10 feet when Tower (non- residential district, residential district, abutting a oceanfront) otherwise none. unless separated by residential district, Residential Uses a Street or otherwise 5 feet shall follow the AM- Waterway otherwise unless separated by 1,2,3 WOOtt2#1 none. Residential a Waterway setbacks (See.,_.,.... Uses shall follow the otherwise none. Section 6-54044). R1.4-1,273 R:r4.1A 4 setbacks (See Section 6-5.20f0). c. Pedestal and Pedestal - 15 feet Commercial Uses - Commercial Uses - 25% of Lot Depth, Tower Tower- 20 feet + 1' 10 feet. 10 feet. 75' minimum. (oceanfront) for every 1'increase Residential Uses Residential Uses in height above 50', shall follow the RA4- shall follow the RA4- to a maximum of 1,273 a-PS z A 1,2,3 1 ::PSI 2 3a4 50', then shall setbacks (See setbacks (See remain constant. Section 6-40*.0).0). Section 6-520 4 0). d. Parking Lots and Garages - If located on the same Lot as the main Structure the above setbacks shall apply, if primary Use the setbacks are listed in Section 6-2425, B.14. SECTION 38. That Subsection 21-1 of Zoning Ordinance No. 89-2665 entitled "Enforcement" is hereby amended as follows: 21-1 ENFORCEMENT A. It shall be the duty of the Planning and Zoning Department and the Code Enforcement Division to enforce the provisions of this Ordinance and to refuse to approve any permit for any Building or for the Use of any Premises, which would violate any of the provisions of this Ordinance. The Building Official shall enforce those provisions of the Ordinance which delegate specific powers and duties to that individual. It shall also be the duty of all officers and employees of the City to assist these Departments by reporting to them any seeming violation in new construction, reconstruction or land Uses. B. The City's Planning and Zoning Director, Building Official, and Code Enforcement Division Chief, are authorized, where deemed necessary for enforcement of these regulations, to request the execution of an agreement for recording. C. In case any Building is erected, constructed, reconstructed, altered, repaired, or converted, or any Building or land is used in violation of this Ordinance, the City's Planning and Zoning Director, Building Official, and Code Enforcement Division Chief, or the City in their behalf is authorized and directed to institute any appropriate action to put an end to such violation. D. For purposes of inspection and upon presentation of proper credentials, the City's Planning and Zoning Director, Building Official and Code Enforcement Division Chief,Historic Preservation;:and Urban 17csign Direct or their authorized representatives, may enter at any reasonable :.:...:.............. time, any Building, Structure or Premises, for the purpose of determining whether this Ordinance is being violated. In the event violations of this Ordinance are found on a given Premises, the Building Official and the Code Enforcement Division Chief or their authorized representative, are empowered to issue Notices of Violation to the owner of said Premises and to any Persons responsible for creating or maintaining the violations. Additionally, the Building Official may stop work on projects which violate this Ordinance with respect to materials, work, Grades, Use or other regulations or provisions thereof. > :: e coli se tt£ the ad t stmt t n cif th s'.`ordlnanee the:appit prtate; 040.4417400 0411 a01pae 4 fee fbr the heiaw eryt.4$ 34 • ... an.l.a ..CtJ o ie isU `QP ;rte 0.04. :,.0; Oiii .................. 040iti . ::::: ::.;;:. �;:::.;��:.;�:.;;:�.;b�s�._:: f: r rrdetfluldr11 SECTION 39. That Subsection 21-2 of Zoning Ordinance No. 89-2665 entitled "Violations and Penalties" is hereby amended as follows: 21-2 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 s bjeet t e z: a tient ro educes a s £A tha tieMiamiBeac t_City Code fight before the Code Enforcement Boa-rd of the City of Miami Beach. The Code Enforcement Board may assess fines and impose liens as provided in Chapter 9B of the Miami Beach City Code and Chapter 162, Florida Statutes (1987) and amendments thereto. 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 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 may be fined as hereinbefore provided. SECTION 40. That Subsection 21-5 of Zoning Ordinance No. 89-2665 entitled "Mailing Lists" is hereby created: 21 S NIAILI G LISTS • Where::th::s rdinance..re uir.:es°::the submittal of::a.: in ap;p, catro t. or a publ:c::hear z g„ the appl cant.ma;:request..that the.city prn tde this service alba cos................................................ 1 re s. SECTION 41. That Subsection 21-7 of Zoning Ordinance No. 89-2665 entitled "Maps" is hereby amended as follows: 21-7 MAPS * * * .. . • _ .. : . . • :. Road shall be designated as a Tewnhome District (TH) if the proposed .. • .• . . IIa - otherwise the property shall be designated as RS 4 Single Family. SECTION 42. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intentionof 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. 35 , SECTION 43. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 44. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 45. EFFECTIVE DATE This Ordinance shall take effect on the 17th day of November , 1990. PASSED and ADOPTED this 7th day o November 1990. 4()L-11 MAYOR ATTEST: �AM2 Y� �«-QeQv / . ,,,y'CITY CLERK UU 1st Reading - 10/24/90 JK/JGG/DJG June 14, 1990 June 21, 1990 July 12, 1990 FORM July 18, 1990 APPROVED Sept 4, 1990 LEGIIAEPARTIVIENTSept 7, 1990 Sept 17, 1990 C� Sept 25, 1990 BY: Oct 24,1990 pbzosub2 . • 36 • leeret o f "//44m1 gear , . =Mi ON FLORIDA 3 3 1 3 9 i* INC041 ORATED * "VACATIUNLANU U. S: A. " „H 1fi__. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE ' CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. : U'J^(10 DATE: NOV. 7, 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins _ , - /1* / City Manager SUBJECT: PLANNING BOARD RECOMMENDATION TO AMEND THE ZONING ORDINANCE - TECHNICAL AMENDMENTS I 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 composed of Planning Board members Norman Frank and Neisen Kasdin in addition to John Forte, Ron Molko, Randy Sender and Harold Rosen. The Committee met on six occasions which resulted in several proposals to amend the Zoning Ordinance. Staff to the Committee were the Planning and Zoning Department and the City's Legal Department. On July 17, 1990 the Planning Board held a public hearing to consider the request. Following the hearing, the Board recommended (7-0) that the City Commission approve the attached amendment to the Zoning Ordinance. THE PROPOSAL The attached Ordinance is a copy of the proposed amended Sections of the Zoning Ordinance as recommended by the Planning Board incorporating additional changes made by the Administration and approved by the City Commission after first reading on October 24,1990. The proposed amendments to Section 6-21, Regulation of Accessory Uses, have been deferred for further review and a report by the City Manager. 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 3-2 DEFINITIONS 3,4 The following terms were clarified: Daycare Facility, Night Club, Replacement Value, Street, Townhome, and the Urban Planning and Historic Preservation Director. The most significant change relates to the definition of Townhome which will prevent the stacking of units on top of units in Townhome developments. 5-7 STORE ENCLOSURES 4 Requires all mechanical equipment , located on the roof deck to be enclosed or screened from public view. 5-11 ROOF REPLACEMENT 4 Requires that all barrel or cement tile roofs be repaired or replaced with like material, also requires new construction of pitched roofs to be barrel or cement tile. 17 1 AGENDA Et 3 a____. ITEM DATE ILi - 9O i - (>, r, , C� () SECTION TITLE PAGE EXPLANATION 6-5 RESIDENTIAL 5 Clarifies the required setback SETBACK REQUIRE- requirements. No changes to MENTS requirements. 6-6, 6-7 CONDITIONAL USES 5,6 Lists Adult Congregate Living AND 6-8 Facilities as Conditional Uses in the CD-1, CD-2 and CD-3 zoning district. Lists warehouses as a Conditional Use in the CD-1 zoning district. 6-9 SETBACK 6 Includes the landscape requirement REQUIREMENTS CD-1, of a 5 ft. setback for surface 2, 3 parking lots and does not require a setback for a parking lot when it abuts an alley. Permits a zero setback for commercial buildings abutting a street. 6-12 GU GOVERNMENT 7 Lists parking garages as a Main USE DISTRICT Permitted Use. The Planning Board has recommended this be changed to a Conditional Use; the Administration has recommended that it remain as is. 6-16 MXE ZONING 7 Lists Historic Sites with regard to DISTRICT minimum unit sizes and clarifies the setback requirements. 6-22 SUPPLE- 10 Allows commercial and wholesale MENTAL USE uses to assemble pre-fabricated REGULATIONS parts but not the manufacture of parts and materials. Sets forth administrative procedures that address sidewalk cafes. 6-23 FAR IN HOTEL 10 Includes the maximum FAR range DEVELOPMENTS of 1.75 - 3.5 for hotels are Ocean Drive within this Section of the Zoning Ordinance. This is done to insure that confusion does not result as to which Section of the Code governs the regulation of FAR in this area. 6-24 DESIGN BONUSES 11-15 Includes additional Design Bonuses which will result in better architecturally designed projects. 6-25 SUPPLEMENTAL 15 Prohibits barbed wire in all areas YARD REGULATIONS of the City except industrially zoned property. Includes a reference of the Landscape Section which addresses parking garages and at-grade parking lots. 6-27 OCEAN FRONT LOTS 16 Clarifies the Permitted Uses west of the Erosion Control Line to the pool deck. 8-6 LANDSCAPE 16 Clarifies landscape requirements CRITERIA for parking areas. 218 r SECTION TITLE PAGE EXPLANATION 9-3 GENERAL 16 Prohibits signs on umbrellas and PROVISIONS • furniture for outdoor or sidewalk cafes. 9-4 TEMPORARY SIGNS 17 Prohibits pole signs and increases the height of real estate signs above grade to 7 ft. 9-5 SIGN REGULATIONS 18 Provides a maximum of 20 sq. ft. per sign for Accessory Uses. 9-6 SIGNS FOR SHOPPING 19 Clarifies shopping center signs, CENTER and adds neon banding under the Design Review procedures. 11-3,4 COLOR SELECTION 19,20 Nomenclature change of Director PROCEDURES AND and Department; Appeal procedure REVIEW CRITERIA remains the same. 12-1 GENERAL 20 Clarifies the sale of alcoholic PROVISIONS FOR beverages when they are offered LIQUOR for consumption without REGULATIONS compensation. Also prohibits bottle clubs within 300 ft. of any educational facility or place of worship. 12-2 PERMITTED 21 Removes outdoor cafes from DISTRICTS AND Conditional Uses. STANDARDS 13-9 PROCEDURES FOR 21 Increase in application fees, and ILLEGALLY SUB- clarifies the value determination. DIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED UNITS 14-2 REVIEW BY 21 Include an additional criteria PLANNING BOARD which addresses the levels of service as set forth in the Comprehensive Plan when the Board reviews projects. 15-5 DEVELOPMENT 22 Changes the word "recommended" REGULATIONS FOR to "required" when addressing the CHEEKIES, SHADE sizes of these uses. STRUCTURES AND OUTDOOR CAFES 16-5 BOARD OF 22 Planning and Zoning Director ADJUSTMENT recommendations will incorporate DETERMINATION OF comments from Historic JURISDICTION Preservation and Urban Design and Public Works. 16-7 BOARD OF 22 Clarifies which items that the ADJUSTMENT Board of Adjustment may consider POWERS AND DUTIES as variances. Increase in application fee requirements. 17-2 PLANNING BOARD 23 Allows four (4) members to PROCEDURES approve the recommendation to the City Commission but requires five (5) members to approve applications which do not require City Commission approval. 3 19 • ll.. SECTION TITLE PAGE EXPLANATION 17-4 CONDITIONAL USE 24 Clarifies Extensions of Time for PROCEDURE Conditional Uses. Increase in application fees and addresses in appeals as a Writ of Certiorari. 18-1 DESIGN REVIEW 25 To allow appeals of the Historic BOARD Preservation and Urban Design Director to be considered by the Design Review Board. Lists the Urban Planning and Historic Preservation Director as ex-officio member of the Design Review Board. Deletes language relating to the establishment of the first Board. 18-2 DESIGN REVIEW 25-29 The remaining areas which are not BOARD subject to Design Review under PROCEDURES, that jurisdiction. Replaces the APPLICABILITY Planning Director with the Historic Preservation and Urban Design Director as staff to the Board. Increase fee requirements for processing applications and addresses appeals a a Writ of Certiorari. 19-4 HISTORIC 29 The Planning and Zoning Director PRESERVATION will continue to read BOARD recommendations from the Historic Preservation Board on appropriate matters before the Board of Adjustment. Allows the Historic Preservation Board to award historic markers and plaques upon recommendation from City Manager and the consent of the City Commission. 19-5 DESIGNATION OF 31 Replaces the Planning Director HISTORIC DISTRICTS with the Historic Preservation and AND SITES Urban Design Director as staff to the Historic Preservation Board. 19-6 ISSUANCE OF 32 Prohibits parking lots or garages CERTIFICATE OF on Ocean Drive and requires that APPROPRIATENESS building plans be approved for a FOR DEMOLITION Building Perntit prior to the demolition of a historic building. These were in the old Ordinance but inadvertently omitted from the current Ordinance. 19-9 APPEALS OF 34 Provides for an appeal of the City HISTORIC Commission decision to a court of PRESERVATION competent jurisdiction by petition BOARD DECISIONS for Writ of Certiorari and appeals of Historic Preservation and Urban Design Director. 20-3 USE REGULATIONS 34 Allows commercial and non- IN THE commercial parking lots and REDEVELOPMENT garages as a Conditional Use in AREA Residential Zoning Districts. 20-4 SETBACK 35 Conforms to setback requirements REQUIREMENTS IN of other Sections of the Zoning THE Ordinance. REDEVELOPMENT AREA 4 L 20 • SECTION TITLE PAGE EXPLANATION 21-1 ENFORCEMENT 35 Adds the Director of the Department of Historic Preservation and Urban Design for inspections and establishes fees for research and letters relating to zoning information. 21-2 VIOLATION OF 36 References the City Code for PENALTIES enforcement procedures. 21-5 MAILING LISTS 37 Permits the City to charge a fee of $1 per mailing address should applicants request the Department to provide this service. 21-7 MAPS 37 Deletes language relating to the location of a Townhome District between North Bay Road and Alton Road. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Planning Board's recommendations on these technical amendments to Zoning Ordinance 89-2665 including those changes recommended by the Administration at the first reading on October 24, 1990. It should be noted that the Planning Board has taken the position that Subsection 6-12 A. GU GOVERNMENT USE DISTRICT, Purposes and Uses (page 7) should read as follows: 1. District 2. Main Permitted 3. Conditional 4. Accessory Uses Purpose Uses Uses .................................. Any land owned by the Government Buildings £'aTug4iasagea See Section 6-21,C. City or other govern- and Uses, including Private or joint City mental agency shall Parking Lots and and private Uses, automatically convert garages, schools, including air-rights. to a GU, Government performing arts and Use District. cultural facilities, monuments and memorials. See City Commission Resolution No. 86-18491 pertaining to properties considered for the sale and/or lease which are owned by the City and Ordinance No, 89-2661 pertaining to Development Agree- ments. Any Use not listed above shall only be approved after the City Commission holds a public hearing. See Sec 6-12,B,5 for public notice requirements. It is the Board's position that parking garages in a GU Government Use District should be considered as a Conditional Use, rather than a main permitted use. As such, this would allow for formal review and comment by the Planning Board and the public at large by requiring a public hearing. RWP:DJG:jm commisn\tch 1 rev 5 til 1•• r 4•41 • c..1 () 01 I - • 0 0 z <4 Z 0 I-1 -014, 4:4 0 -1 (a) r4 0 co cu E 0 • 1-r) Cs1 .1-4 I 7:1 C71 0 00 CU <9 0*