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Ordinance 81-2264ORDINANCE NO. 81-2264 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 1891 OF THE CITY OF MIAMI BEACH, THE SAME BEING THE COM- PREHENSIVE ZONING ORDINANCE; AMENDING THE GENERAL CONSTRUCTION OF THE WORD "LOT"; AMENDING THE DEFINITION OF THE WORDS "DEN- SITY", "PARKING SPACE - OFF STREET", "SLEEPING UNIT" AND "VARIANCE"; PROVIDING NEW DEFINI- TIONS FOR THE WORDS "GRADE" AND "LOT"; PRO- VIDING FOR DEFINITIONS OF WORDS "DORMITORY", "SAFETY BARRIERS", "SITE", "SWIMMING POOL: COMMERCIAL"; PROVIDING FOR PROHIBITION OF BUILDING PERMIT WHERE PARCEL DOES NOT MEET DEFINITIONS OF WORD "LOT"; PROVIDING FOR AMENDMENTS TO USES PERMITTED AND CONDI- TIONAL USES IN THE RM -60 MULTIPLE FAMILY MEDIUM DENSITY DISTRICT, REGARDING CHURCHES, SCHOOLS AND SYNAGOGUES; PROVID- ING FOR SAME AMENDMENTS IN THE RM -100 MUL- TIPLE FAMILY MEDIUM HIGH DENSITY DISTRICT; PROVIDING FOR AMENDMENTS TO RM -125 MUL- TIPLE FAMILY HIGH DENSITY DISTRICT, PERMIT- TING CHURCHES AND SYNAGOGUES AS CONDI- TIONAL USES AND NOT PERMITTED USE; AMENDING THE C-1 NEIGHBORHOOD BUSINESS DISTRICT, REGARDING MAXIMUM RESIDENTIAL DENSITY; AMENDING THE PERMITTED USE SECTION IN THE C- 3 CENTRAL BUSINESS DISTRICT, THE C-4 BUSINESS DISTRICT, THE C-5 GENERAL BUSINESS DISTRICT, THE C-6 INTENSIVE COMMERCIAL DISTRICT, AND THE HM HOTEL -MOTEL DISTRICT; PROVIDING FOR AMENDMENTS TO PROCEDURES FOR CONDITIONAL USE; AMENDING MINIMUM SIDE YARD REGULATIONS FOR PUBLIC AND SEMI-PUBLIC BUILDINGS; PROVID- ING FOR ALLOWABLE YARD ENCROACHMENTS FOR SWIMMING POOLS, HOT TUBS, SHOWERS, SAUNAS, WHIRLPOOLS, TOILET FACILITIES, SWIMMING POOL EQUIPMENT, DECKS MARINE STRUCTURES AND CARPORTS; AMENDING THE MINIMUM YARD REGU- LATIONS IN THE MULTIPLE FAMILY DISTRICT, PRO- VIDING FOR OFF-STREET PARKING REQUIREMENTS FOR DORMITORIES; PROVIDING FOR COMPACT CARS IN INTERPRETATION OF OFF-STREET PARK- ING REQUIREMENTS; AMENDING DESIGN STAN- DARDS FOR OFF-STREET PARKING; AMENDING REGULATIONS FOR PARKING IN FRONT YARDS; AMENDING OFF STREET LOADING REQUIREMENTS FOR APARTMENT BUILDINGS; PROVIDING THAT LOADING SPACES WILL NOT BE LOCATED IN RE- QUIRED FRONT YARD SETBACK; REPEALING POWER OF CITY COMMISSION TO GRANT SPECIAL SIGN PER- MITS; PROVIDING FOR COLOR OF "SALE" SIGNS IN RESIDENTIAL DISTRICTS; AMENDING NONCON- FORMING USE PROVISION; PROVIDING FOR POWERS, DUTIES AND PROCEDURES OF THE BOARD OF AD- JUSTMENT; PROVIDING FOR NOTICE REQUIRE- MENTS; PROVIDING FOR PLANNING BOARD POWERS AND DUTIES; AMENDING CONDITIONAL USE PROCE- DURE. x BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORDA: Section 1: That Section 3, subsection 3-1 of Ordinance No. 1891 of the City of Miami Beach is hereby amended to read as follows: 3-1 General Rules of Construction * * * The word "lot" includes the words "plot" or "parcel" or "tract" or "site". Section 2: That Section 3, Subsection 3-2, of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: * * * 3-2 Terms Defined * * * DENSITY: For the purpose of this Ordinance density refers to the total number of Dwelling Units and/or Sleeping Units per gross acre of land excluding platted streets and rights-of- way and submerged land seaward from the established bulkhead line or where the bulkhead line is not established then seaward of the mean high water line. The number of permitted units per gross acre of land shall be rounded to the closest whole number computed in the density calculation. For example: 7.0 - 7.4 = 7 permitted units 7..5 - 7.9 = 8 permitted units * * * PARKING SPACE, OFF-STREET: An all-weather surfaced area not in a street or alley and having an area as required by Section 9-5A of this Ordinance of het 4ess thah 48Q squaFe feet; exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. * * * Section 3: That Section 3, Subsection 3-2 of Ordinance 1891 of the City of Miami Beach is hereby amended by repealing the following definitions of the words "grade and "lot": 3-2 Terms Defined * * * GRADE: The aveFage -level of the 44 -hi -shed suFfa€e ef the gFeehd feF bhi4 Rgs moFe thah five feet fierce a stFeet FeF bd4-4€11-hgs sfeseF thah five feet to a stFeet f4 -he; the gpade ie the si-dewalk efevatieh at the sehteF ef the be fhg. 44 these s meFe thah ehe-stFeet,, ah 1 average sidewalk e1evatfeR shall be used, ff there is se sidewalk! the DepartmeRt of Pub4ie Werks Department shaff establish the sidewalk grade, * * * LOT: A pareef of 4 -and eeRsfdeFed as a unit eeeupied OF eapabfe of beg eeeupted by a use permitted fR this OFdfsaRee under the regufatieRs eestai•Red fR this Ordisasee and hav6Rg freRtage apes a street AF apes as efficia4ly appreved blade, * * * Section 4: That Section 3, Subsection 3-2 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of the following definitions to read as follows: 3-2 Terms Defined * * * GRADE: Grade shall be defined as the City sidewalk elevation at the center line of the property. If there is no sidewalk, the Public Works Department shall establish the City sidewalk elevations. The owner will submit a current survey and other required documents to the Public Works Department to aid in establishing sidewalk grade. The Public Works Department will be required to give final approval of grade. LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, minimum width, and area, and to provide such yards and other open spaces as are required in the Zoning Ordinance. Such lot shall have frontage on a public street, and may consist of: a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, and portions of lots or record; or of portions of lots of record; d. A parcel of land described by metes and bounds. PROVIDED THAT, in case of division or combination of property, no residual lot or parcel shall be created that does not meet the aforementioned requirements of the Zoning Ordinance. Lot of record shall mean a lot which is part of a subdivision, the map of which has been recorded in the Office of the Circuit Court Clerk, or a lot described by metes and bounds, the description of which has been recorded in the Office of the Circuit Court Clerk. (Also see SITE) * * * 2 SAFETY BARRIERS: Safety barriers shall take the form of a screened -in patio, a wooden or wire fence, a stone or concrete block wall or other materials, so as to enable the owner to blend the same with the style or architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet and shall be erected either around the swimming pool or around the premises or a portion thereof thereby enclosing the area entirely, thus prohibiting unrestrained admittance to the enclosed area. Where a wooden type fence is to be provided, the boards, pickets, louvers, or other such members shall be spaced, constructed and erected so as to make the fence nonclimable and impenetrable. The walls, whether of the stone or block type, shall be so erected to make them nonclimable. Where a wire fence is to be used, it shall be the two inch chain like or diamond weave nonclimable type, or of an approved equal, with a top rail and shall be of heavy galvanized material. Gates, where provided, shall be of the spring lock type so that they shall automatically be in a closed and fastened position at all times. They shall also be equipped with a gate lock and shall be locked when the swimming pool is not in use. * * * SITE: A parcel of land considered as a unit or capable of being occupied by a use permitted in this Ordinance. A site which is used to calculate setbacks, density, or floor area for a given use occupying such site, site cannot be subdivided and sold or leased or otherwise utilized except as permitted by the Zoning Ordinance. A site must also possess a continuous or unbroken boundary that is, a site cannot be divided by a public street, right-of-way, private street, or waterway. SWIMMING POOL: COMMERCIAL: A commercial pool is any conventional pool, spa type pool, wading pool, or special purpose pool, standards as per State of Florida, Department of Health and Rehabilitation Standards, serving any type of structure or group of structures of four (4) or more dwelling units. * * * Section 5: That Section 5, Subsection 5-1 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of a new provision to read as follows: 5-1 Compliance with Regulations Required * * * 3 H. No building permit shall be issued for any lot or site that does not meet the requirements of the definition of lot as stated in this Ordinance. Section 6: That Section 6, Subsection 6-4 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-10 C-4 Business District * * * B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following permitted uses: 1. Any use permitted in C-1, C-2 or C-3. 2. Cabaret. 3. Night Club. 4. Retail meat and fish market provided that such use shall not occupy more than 2,500 square feet of floor area per establishment and no noxious odors shall be produced by improper storage and handling of refuse. 5. The following may be permitted as a Conditional Use: a. Filling Station. b. Uses not listed above which are similar in character in one or more permitted uses, and which would not be inappropriate in this District. 6. Accessory uses for above uses. * * * Section 7: That Section 6, Subsection 6-11 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-11 C-5 General Business District. * * * B. USES PERMITTED. * * * 20. Storage garages, automobile and truck storage within an area enclosed by an opaque masonry wall or structural wood fence not less than 6 feet in height. Such wall or fence shall totally screen garage and work area from public view. * * * 24. Retail meat and fish market. Section 8: That Section 6, Subsection 6-12 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-12 C-6 Intensive Commercial District. x 4 B. USES PERMITTED. * * * 9. Garage for mechanical service provided work area is enclosed by a wall or fence not less than 6 feet in height. Such wall or fence shall be constructed of opaque material and shall totally screen work area from public view. * * * Section 9: That Section 6, Subsection 6-16 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-16 HM Hotel -Motel District. * * * B. USES PERMITTED. * * * 8. The following uses may be permitted as an accessory use: a. Uses enumerated under Section 7-3, Accessory Uses. Section 10: That Section 7, Subsection 7-1 (D) is hereby amended to read as follows: 7-1 Conditional Uses. * * * D. PROCEDURES - CONDITIONAL USES. Applications for approval of a conditional use shall be submitted to the Planning Division, which shall review the application and site plan for sufficiency under the requirements of these regulations. Within a reasonable time of after receipt of the a complete application, the Planning Board shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be posted on the property in question in accord with the requirements of Section 16. Within 30 days of after the public hearing, the Planning Board shall submit a report and recommendations to the City Commission. The report may contain additional conditions which should be imposed by the City Commission in approving the conditional use. The City Commission may establish additional conditions for an approval by a simple majority vote, but shall require a vote of five -sevenths of all members of the Commission to overrule a Planning Board recommendation for disapproval or to eliminate or substantially change any conditions attached to an approval by the Planning Board. 5 x 1. Approval of a conditional use under this Section sha44 be vafid feF a peg -ted e€ eae year after the date of apprevaf and thereafter shall become null and void unless construction or use is substantially underway ddriRg said eae year peried7 OF i4fess ah exteR49R e€ time is appreved by the PfaRRiag beard befere the expiratieR of said eae year peried within 6 months after the date of Commission approval. Such conditional use may also become null and void if all work is not completed within 12 months after Commission approval. However, when extenuating circumstances or compelling reasons prevent the applicant from complying with conditions of approval within the above stated time periods, the applicant may request the Planning Board to grant a 6 month extension of time to (1) initiate construction or use or (2) to substantially complete all construction work. No licensing permit or certificate of occupancy shall be issued until all conditions of approval have been met. Permits issued under a conditional use approval may be revoked by the Code Enforcement Director for failure to comply with conditions of approval or applicable regulations. The procedure for amendment of a conditional use already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that where the Planning determines the change to be a minor one relative to the original approval, the Board may transmit the same to the Clerk of the City Commission with the original record without requiring that a new application and site plan be filed. An approved and operational conditional use which remains idle or unused in whole or in part for a continuous period of 6 months or for 18 months during any three-year period whether or not the equipment, fixtures, or structures remain, shall be required to seek re -approval of the conditional use from the Planning Board and City Commission. Such use shall not be permitted to be re -used until a new conditional use approval has been granted. 2. Any applicant requesting and obtaining a public hearing before the Planning Board on any application for a conditional use shall pay the sum of Two Hundred Dollars ($200.00). Applicants using the conditional use process for approval of PUD applications, as described in Section 6-3 (K) (2), shall pay a fee of One Hundred Dollars ($100.00). The above fees are for the purpose of defraying expenses of public notices and other administrative costs in connection with said hearing. 6 Section 11: That Section 8, Subsection 8-1 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 8-1 Supplementary Yard Regulations * * * B. Allowable Encroachments * * * 6. SWIMMING POOLS - Accessory swimming pools, open and enclosed, or covered by a screen enclosure, or screen enclosure not covering a swimming pool, may occupy a required rear or side yard, provided: a. Rear Yard Setback 6 ft. minimum setback from rear property line to pool deck or platform, or screen enclosure associated or not associated with a pool, provided, however, that pool decks may extend to the FeaF property line when abutting upon any bay or canal. There shall be a minimum 7%2 ft. setback from the rear property line to the water edge of the pool. b. Side Yard Setback 1. 40 ft. 9 ft. minimum setback from side property line to the water edge of the pool. 2. 7%2 ft. minimum setback from side property line to pool deck or platform, or screen enclosures associated or not associated with a pool. 3. 10 ft. minimum setback from side property line to pool deck or platform in all MF Districts on corner lots. 4. 7%2 ft. minimum setback from side property line to pool deck or platform in all Single Family Districts on corner lots. c. They do not exceed 7 feet in height above the sidewalk elevation in MF Districts 1-8. d. They do not exceed the height of the first floor elevation in MF Districts 9 and 10 and in all single family residential districts. 7 A walk space at least 18 inches wide shall be provided between pool walls and fences or screen enclosure walls. Every swimming pool shall be protected by a safety barrier and selfclosing and selflocking gate approved by the Code Enforcement Director. The minimum size of all commercial swimming pools shall be 450 sq. ft., with a minimum dimension width of 15 ft. and a r+-iiiairfium feagth of 30 ft., and all required walkways shall have a minimum width of 4 ft. around the pool, exclusive of the coping. Commercial swimming pools shall also satisfy all requirements of the State Health Code. * * * Section 12: That Section 8, Subsection 8-1 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of the following provisions to read as follows: 8-1 Supplementary Yard Regulations * * * B. Allowable Encroachments * * * 10. HOT TUBS, SHOWERS, SAUNAS, WHIRLPOOLS, TOILET FACILITIES, SWIMMING POOL EQUIPMENT, DECKS: Hot tubs, showers, whirlpools, toilet facilities, swimming pool equipment and decks located within a building which is not part of the main building may be constructed in a rear yard, provided such building does not occupy more than 30% of the area of the required rear yard and provided it is not located closer than 7Y2 ft. to a rear or interior side lot line. Free standing, unenclosed facilities including surrounding paved or deck areas shall adhere to the same setback requirements for enclosed facilities. 11. MARINE STRUCTURES: Seaward sideyard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind shall be equal to landward sideyard setbacks. These setback requirements pertain to the enlargement of existing structures as well as the construction of new structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward side yard setback. 8 12. CARPORTS - An open carport which is constructed of canvas and pipe for the express purpose of shading automobiles shall be permitted to extend into the required front yard setback of a single family residence, provided such carport is at least 18 inches from the property line or sidewalk. Carports shall not be permitted to exceed 20 feet in width, 20 feet in length and 10 feet in height or be screened or enclosed in any manner. An unobstructed view between the grade and the lower ceiling edge of the carport of at least 7 feet shall be maintained. Only one carport shall be erected on a single building site. Section 13: That Section 8, Subsection 8-3 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 8-3 Minimum Yard Regulations for Multiple -Family Zoning Districts * * * B. FRONT AND REAR - MINIMUM YARDS * * * SIDE DISTRICT LEVEL FRONT REAR INTERIOR ST. OR ALLEY MF -11 10' -Grade Sub. 20 0 0 0 -Below Ground 20 10 10% or 7.5' Min. 10' Pedestal 20 20 10% or 7.5' Min. 10' Tower 20 30 .3 ht. .3 ht. *There shall be a minimum front yard of 20 feet. No point on a building or structure shall be closer to the center line of a street than .5 the height above sidewalk elevation, however, no minimum front yard shall be gFeateF than required to exceed 40 feet. Section 14: That Section 9, Subsection 9-6 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 9-6 Parking in Front Yards. Off-street parking spaces shall not be located in a required front yard, provided one required space for a single-family detached dwelling may be located in said front yard, and required parking spaces for lots under 10,000 sq. ft. may be located in said front yard. Lots under 10,000 sq. ft. which do not locate parking in the front yard may increase the density and floor area in their respective districts by 20%. X 8/11/81 9 x Section 15: That Section 10, Subsection 10-1 (c) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 10-1 Off -Street Loading Required. * * * C. For each apartment building, apartment hotel, hotel or motel: 1. Over 24 36 units but not more than 50 units 1 space 2. Over 50 units but not more than 100 units 2 spaces 3. Over 100 units but not more than 200 units 3 spaces 4. For each additional 100 units or fraction 1 space thereof over 200 units. Section 16: That Section 11, Subsection 11-2 (A) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 11-2 Zoning District Sign Regulations All signs permitted in these regulations shall be Establishment Identification Signs unless otherwise specified. A. SIGNS PERMITTED IN THE RS -1, RS -2, RS -3, RS -4, and RM -14 DISTRICTS. * * * 6. A temporary, non -illuminated sign, advertising real estate for sale or lease, subject, however, to the following conditions: * c. The face surface of such sign shall not exceed a height of fourteen (14) inches nor a width of eighteen (18) inches, and the top of the sign shall not be more than five (5) feet above the ground. Color of the sign shall be plain black on white or plain white on black, no iridescent or other light permitted. The sign shall be securely placed in the ground or attached to the building. The date and or permit number shall be placed on the bottom of the face of the sign. * * * Section 17: That Section 12, Subsection 12-4 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 10 * * * Section 17: That Section 12, Subsection 12-4 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 12-4 Discontinuance of Non -Conforming Uses. A. No building, structure, equipment, fixtures or land, or portion thereof used in whole or in part, for a non -conforming use is a Fesi•dea4a4- distr4Gt which remains idle or unused for a continuous period of six months, or for 18 rnonths during any three year period whether or not the equipment or fixtures are removed, shall again be used, except in conformity with the regulations of the district in which such building or land is located. Section 18: That Section 13, Subsection 13-6 of Ordinance 1891 of the City of Miami Beach is hereby repealed. Section 19: That Section 13 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of two new Sections, 13-6 and 13-7 to read as follows: 13-6 Powers and Duties. 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. In exercising this power, the Board of Adjustment, may upon appeal, reverse or affirm, wholly or partly, or may modify 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 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. 2. A. To authorize upon appeal such variance from the terms of this Ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provision of this Ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this Ordinance, the Board of Adjustment must find: 11 (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; (2) That the special conditions and circumstances do not result from the action of the applicant; (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; (4) That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant; (5) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; (6) That the granting of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. B. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance. C. The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall begin or be completed or both D. Under no circumstances except as permitted above shall the Board of Adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this Ordinance. No nonconforming use of neighboring lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. E. The Board shall fix a reasonable time for the hearing of the appeal taken within the time specified by its rules, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time. 12 (1) Any person requesting and obtaining a public hearing on an application for a variance before the Board shall pay, upon the adoption of a motion or resolution calling a public hearing the following fees: (a) Single -Family Residences (b) Parking Requirements for Allowable Commercial Use in existing structures (c) Multi -Family and Commercial properties $100 filing fee plus $25 for each individual variance requested $100 filing fee plus $25 for each individual variance requested $200 filing fee plus $50 for each individual variance requested (d) Appeal from Administrative $250 Decision (e) Signs $200 (2) If a deferment is requested by the applicant, an additional fee shall be assessed as follows: (a) Single -Family Residences (b) Parking Requirements for Allowable Commercial Uses (c) Multi -Family and Commercial Properties $50 $50 $100 (d) Appeal from Administrative $150 Decision (e) Signs $100 If a deferment is given by the Board of Adjustment, and not at the request of an applicant, there will be no additional fee. If the applicant removes his file from the Agenda after it has been accepted by the Zoning Section, the Board shall refund 50% of all fees paid by the applicant and no further refund shall be made. Section 20: That Section, Subsection 3-2, of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 3-2 Terms Defined LOT COVERAGE: The percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof; provided, however, that exterior unenclosed private balconies, awnings and porte- cocheres shall not be included in determining the building area. FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the exterior face of a projection, the area of which is included in the floor area calculation or from the centerline of walls separating two attached buildings. Floor area includes space used for: (a) Elevator shafts or stairwells at each floor. (b) Mechanical equipment. (c) Penthouses. (d) Attic floor space (whether or not a floor has been laid) providing structural headroom of seven feet, six inches or more. (e) Exterior corridors from which access is gained to dwelling and/or sleeping units. (f) Interior halls, enclosed balconies or interior mezzanines. (g) Enclosed porches. (h) Accessory buildings. (i) Measured floor area less 180 square feet for a one -car capacity or 360 square feet for a two -car capacity private garage, attached or detached, accessory to a single family or two-family dwelling. (j) Any floor space used for residential use, no matter where located within the building. However, the floor area of a building shall not include: (a) Accessory water tanks or cooling towers. (b) Uncovered steps aad exte!ep baleenfes. (c) Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet, six inches. (d) Terraces, breezeways, or open porches. (e) Floor space, used for required accessory off-street parking spaces. (f) Mechanical equipment rooms located above main roof deck. ( Exterior unenclosed private balconies x 14 x Section 21: That Section 3, Subsection 3-2 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of the following definitions to read as follows: 3-2 Terms Defined BALCONY; OPEN UNENCLOSED: A platform that projects from the wall of a building and is enclosed by a parapet or railing, the long side of which shall be open above the guard rail or parapet, and which serves only one unit. PARKING LOT, STORAGE: A landscaped at grade all weather surface or gravel area, not in a street or alley, with a minimum area of 7,500 square feet and a maximum area not to exceed 45,000 square feet that is completely screened from public view through the placing of landscaped materials and a solid wood fence or decorative masonry wall at grade level; and, partially screened, from public view from adjoining properties at elevations above grade, through the use of landscaped materials. Screening and landscaping of the street, alley, interior, and rear perimeters shall be pursuant to Section 9-5, I-1 of this Ordinance. There shall be a minimum five foot landscaped area between the fence or decorative mansonary wall and the street or alley. Such landscaped areas shall include an underground irrigation system with sprinkler heads located at 10 foot centers of hose bibs at 50' intervals. The interior of the lot shall include at least one tree on each and every individual 1000 square foot area or portion thereof. A 4 x 4 unpaved ground area shall surround the tree at the base of the trunk and shall contain pervious ground material. A concrete curb shall surround each 4 x 4 space. The use of such areas shall be exclusively reserved for the temporary storage of new passenger vehicles provided no vehicle shall exceed 21/2 tons in gross weight. Signs shall only be permitted in commercial districts and in accordance with Section 11. Hours of operation shall be 7:30 a.m. to 6:00 p.m. Section 22: That Section 8, Subsection 8-1 (B) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 8-1 Supplementary Yard Regulations. * * * B. Allowable Encroachments. * * * 1. PROJECTING - Every part of a required yard shall be open to the sky, except as authorized by this Ordinance, and except ordinary projections of sills, belt courses, roof overhangs, window air conditioning units, chimneys, cornices, per exterior unenclosed private balconies and ornamental features which may project into a required yard a distance not to exceed 25% of the width of the required yard, and provided such projections are not to exceed 6', and provided that there should not be less than 8' clear height under any such projection. Oper Exterior unenclosed 15 private balconies as herein described, may be contiguous provided access between such balconies is prohibited. must be ReR eeatgdeds and Rea senaeet4Rg and net exceed 150 squaFe feet fR area.. Section 23: REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 24: SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this Ordinances is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 25: This Ordinance shall be come effective upon its passage in accordance with law. PASSED AND ADOPTED this 1981. ATTEST: City Clerk First reading - May 5, 1981 2nd Reading - June 3, 1981 3rd day of Words in stidek thFeugh type are deletions. Words in underscore type are additions. By Date APPROVED ALD_P x k,(A 16 June co I ) crJ r. • a0 O r -i 4-1 • bD U 01 •r1 a) •ri W 4.1 0 3+ 34 H1 O O 4-1 N OD CO 4) • N (~.. •rl N 0 U r-1 •rl b N z 0 cU*0 I R! O OD • co U •H0 N •r-1 Z 1-1 • 0'$4 00 HI 0 H Z ctrl O ^ 4-i N • O O •rl 0 0. OD O U Z t~ N G L7 4-1 qH rI rl >. 1-1 c% O 7 a CO O N •ri b CO Q, 00 0 00 O 1-+ •r 1 4 J 44-1 'd N •'O ct1 1-1 to co o cuv •o v �+ 4-)