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Ordinance 81-2271 ORDINANCE NO. 81-2271 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 1891 OF THE CITY OF MIAMI BEACH, THE SAME BEING THE COMPREHENSIVE ZONING ORDI- NANCE: PROVIDING FOR THE ADDITION OF A DEFINITION OF DORMITORY: PROVIDING FOR AN AMENDMENT TO THE RM-60 MULTIPLE FAMILY MEDIUM DENSITY DISTRICT REGARDING USES PERMITTED AND CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO THE RM-100 MULTIPLE FAMILY MEDIUM HIGH DENSITY DISTRICT REGARDING USES PERMITTED AND CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO THE RM-125 MULTIPLE FAMILY HIGH DENSITY DISTRICT REGARD- ING USES PERMITTED AND CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO THE C-1 NEIGHBORHOOD BUSINESS DISTRICT REGARDING THE REMOVAL OF THE DENSITY BONUS FOR HOTELS AND MOTELS; PROVIDING FOR THE ADDITION OF A PARKING SPACE REQUIREMENT FOR DORMITORY; PROVID- ING FOR AN AMENDMENT TO PERMIT COMPACT VEHICLE PARKING SPACES; PROVIDING FOR AN AMENDMENT TO IDEN- TIFY THE SIZE OF COMPACT VEHICLE SPACES; PROVIDING FOR AN AMENDMENT CONCERNING LOADING SPACES IN THE RE- QUIRED FRONT YARD SETBACK; PROVIDING FOR AN AMEND- MENT REGARDING FILING FEES FOR APPLICATIONS TO THE PLANNING BOARD; PROVIDING FOR THE PROVISION OF PLAN- NING BOARD COMPOSITION, ELIGIBILITY, MEETINGS AND PRO- CEDURES, AND POWERS AND DUTIES; PROVIDING FOR AN AMENDMENT REGARDING THE HEIGHT OF THE PEDESTAL PORTION OF A BUILDING; PROVIDING FOR THE ADDITION OF A DEFINITION OF AUTOMOBILE PARKING LOT, OPEN, UNEN- CLOSED, NON-COMMERCIAL; PROVIDING FOR AMENDMENTS TO THE RS-1, RS-2, RS-3, AND RS-4 SINGLE FAMILY RESIDEN- TIAL DISTRICTS REGARDING CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO RM-14 MULTIPLE FAMILY LOW DEN- SITY DISTRICT REGARDING CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO THE PUD PLANNED UNIT DEVELOP- MENT DISTRICT REGARDING THE USES SUBJECT TO SITE PLAN APPROVAL; PROVIDING FOR AN AMENDMENT TO THE C-1 NEIGHBORHOOD BUSINESS DISTRICT REGARDING CONDITION- AL USES; PROVIDING FOR AN AMENDMENT TO THE C-2 GEN- ERAL OFFICE DISTRICT REGARDING CONDITIONAL USES; PRO- VIDING FOR AN AMENDMENT TO THE C-4 BUSINESS DISTRICT REGARDING CONDITIONAL USES; PROVIDING FOR AN AMEND- MENT TO THE C-5 GENERAL BUSINESS DISTRICT REGARDING CONDITIONAL USES; PROVIDING FOR AN AMENDMENT TO THE C-6 INTENSIVE COMMERCIAL DISTRICT REGARDING CONDI- TIONAL USES; PROVIDING FOR AN AMENDMENT TO THE MR RECREATION DISTRICT REGARDING CONDITIONAL USES; PRO- VIDING FOR AN AMENDMENT TO DELETE THE SPECIFIC ENU- MERATION OF CONDITIONAL USES IN SECTION 7-1 CONDITION- AL USES; PROVIDING FOR AN AMENDMENT REGARDING THE PERMITTED MAXIMUM LOT COVERAGE FOR MULTIPLE FAMILY ZONING DISTRICTS; PROVIDING FOR EFFECTIVE DATE; PRO- VIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1: 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 DORMITORY: A residence or building providing sleeping accommodations for students enrolled in a religious, educational, or business program who occupy rooms on a contractual basis generally corresponding to the length of the curriculum. Section 2: That Section 6, Subsection 6-4 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-4 RM-60 Multiple Family Medium Density District A. DISTRICT PURPOSE. This is primarily a residential apartment district, which is not intended to provide tourist lodging accommodations. B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Apartment building. 2. Group houses. 3. One-or-two family dwelling. 4. Rooming house. 5. Chww€h3 syRagegee and temple 6-.5. Community Garage Seheofy efemeRtaFy eF high-, havfRg a EuFFf€efem substaRtfa44y egefvafeRt to pig s€heefs of eempaFabe gFades and havfRg apptevaf of the State DepaFtr1eRt of Edh€atfeR, 8-.6. The following uses may be permitted as a Conditional Use: a� Aqua ier 3 eemmeFE+a4 1 b.a. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. Erb. Beach, commercial El-. Bus teFm4la4s enc. Camp, day or boarding hd. Church, synagogue and temple g.e. College, junior college, or institution of higher learning hof. Day nursery Wig. Institutions, educational or philanthropic, including museums and art galleries k..1. Marine Dockage Municipal buildings and uses inn.j. Private club 14-wk. Public and governmental buildings and uses e.l. Publicly owned and operated recreation facility, playground, play- field, park and beach. p m. Public utilities or public service uses, structures and appurte- nances School, elementary or high, having a curriculum substantially equivalent to public schools of comparable grades and having approval of the State Department of Education F-.0. Storage Parking Lots sep. Temporary use for a period not to exceed 15 days 9..8. Accessory uses for above uses. C. MINIMUM LOT AREA 5000 square feet. D. MINIMUM LOT WIDTH 50 feet. E. MINIMUM YARDS As provided in Section 8. F. MAXIMUM BUILDING HEIGHT None. G. MINIMUM FLOOR AREA PER UNIT 400 square feet per unit. H. MAXIMUM FLOOR AREA RATIO 1.52. MAXIMUM DENSITY 60 units per acre. Mete4s and motels shad be peFm}tted to i-ReFease thei deRsi4y by 406 Section 3: That Section 6, Subsection 6-5 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 2 6-5 RM-100 Multiple Family Medium High Density District. A. DISTRICT PURPOSE. This is a hotel and apartment district, which accom- modates both long term residents and tourists. B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Apartment building. 2. Group houses. 3. Hotel, motel and tourist residence. 4. One-or-two family dwelling. Chui€h-, syRagegue and ter p4e 6..5. Community Garage. Sehee47 e4emeRtaFy eF h4gh3 hav4Rg a euFFie l m substaRtia44y e9e}va4eRt to pib s€heels ef eempaFab4e gFades and hav}Rg appieva4 of the state DepaFtmeRt ef Edi€at4en &.6. The following uses may be permitted as a Conditional Use: a. Aquarium, commercial b. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Beaches, commercial d. Bus terminals e. Camps, day or boarding f. Church, synagogue and temple g. Colleges, junior colleges, or institutions of higher learning h. Day nursery i. Institutions, educational or philanthropic, including museums and art galleries j• Marina • k. Marine Dockage 1. Municipal buildings and uses m. Private club n. Public and governmental buildings and uses o. Publicly owned and operated recreation facility, playground, play- field, park and beach p. Public utilities or public service uses, structures and appurte- nances 3 • q. School, elementary or high, having a curriculum substantially equivalent to public schools of comparable grades and having approval of the State Department of Education r. Temporary use for a period not to exceed 15 days. 9,8. Accessory uses for above uses. C. MINIMUM LOT AREA 5000 square feet. D. MINIMUM LOT WIDTH 50 feet. E. MINIMUM YARDS As provided in Section 8. F. MAXIMUM BUILDING HEIGHT None. G. MINIMUM FLOOR AREA PER UNIT 400 square feet. H. MAXIMUM FLOOR AREA RATIO 3.0. I. MAXIMUM DENSITY 100 units per acre. Hotels and motels shall be permitted to increase their density by 40%. Section 4: That Section 6, Subsection 6-6 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-6 RM-125 Multiple Family High Density District. A. DISTRICT PURPOSE. This is a high-rise, high density, tourist lodging and entertainment 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 uses: 1. Apartment building, apartment hotel 2. Group houses 3. Hotel, motel and tourist residence 4. One-or-two family dwelling Chia€1:17 syeagegue and ter p4e 6,5. Community Garage. 7,6. Night club, without exterior entrances or exits, accessory to a hotel or motel containing 100, or more, sleeping units 8-.7. Restaurant, with or without an accessory bar, but not a drive-in restaurant, without exterior entrances or exits, accessory to a hotel or motel containing 100, or more, sleeping units. 9,8. The following uses may be permitted as a Conditional Use: a. Aquarium, commercial 4 b. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Beaches, commercial d. Bus terminals e. Camps, day or boarding f. Church, synagogue and temple g. Colleges, junior colleges, or institutions of higher learning h. Day nursery i. Institutions, educational or philanthropic, including museums and art galleries j. Marina k. Marine Dockage 1. Municipal buildings and uses m. Private club n. Public and governmental buildings and uses o. Publicly owned and operated recreation facility, playground, play- field, park and beach p. Public utilities or public service uses, structures and appurte- nances. q. Storage parking lots r. Temporary use for a period not to exceed 15 days. 44.9. Accessory uses for above uses. C. MINIMUM LOT AREA 5000 square feet. D. MINIMUM LOT WIDTH 50 feet E. MINIMUM YARDS As provided in Section 8. F. MAXIMUM BUILDING HEIGHT None. G. MINIMUM FLOOR AREA PER UNIT 400 square feet. H. MAXIMUM FLOOR AREA RATIO 6. I. MAXIMUM DENSITY 125 units per acre. Hotels and motels shall be permitted to increase their density by 40%. Section 5: That Section 6, Subsection 6-7 (I) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-7 C-1 Neighborhood Business District. 5 I. Maximum Density. 1. Non-residential: none. 2. Residential Uses: 60 units per acre. Mete4 and mete4s shall be permn4ted to +R€Fease thei dens y by 48° Section 6: That Section 9, Subsection 9-2 (A) of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of a provision to read as follows: 9-2 Off-Street Parking Required. Except as otherwise provided in this Ordinance, when any building or structure is erected or structurally altered, accessory off-street parking spaces shall be provided for the building, structure, or additional floor area. A. PARKING DISTRICT NO. 1 4 33. Dormitory - 1 space for each 150 square feet of dormitory floor area plus 1 space per 10 students based on maximum enrollment at time of conditional use approval. Section 7: That Section 9, Subsection 9-4 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of a new provision to read as follows: 9-4 Interpretation of Off-Street Parking Requirements F. Twenty-five (25) percent of the required parking spaces may be provided for compact cars, provided each such space shall be clearly designated for "compact vehicles only". b Section 8: That Section 9, Subsection 9-5 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 9-5 Design Standards. A. MINIMUM AREA - For the purpose of this Ordinance, a standard off-street parking space is an all-weather surfaced area, not in a street or alley, and having a width of not less than nine (9) feet and length of not less than twenty (20) feet except for parallel parking where such space shall be twenty-three (23) feet in length. A compact off-street parking space shall be not less than 8 feet in width and 17.5 feet in length except for parallel parking where such space shall be twenty-one (21) feet in length. The length required shall be measured on an axis parallel with the vehicle after it is parked. The width required is to be column-free clear space, except those standard off-street spaces immediately adjacent to a structural column within an enclosed parking structure may have a width of 8'6" and those compact spaces adjacent to a structural column may have a width of 7'6". The required area is to be exclusive of driveways, permanently reserved for the temporary parking of one automobile and connected with a street or alley by an all-weather surfaced driveway. This driveway must be contiguous to the parking space and afford unobstructed ingress and egress for an automobile to be moved, except in the case of attendant parking. For the purpose of this Ordinance, attendant parking spaces shall not apply toward the computation of the minimum parking requirements. Section 9: That Section 10, Subsection 10-3 (C) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 10-3 Design Standards. C. Entrances and exits - The location and design of entrances and exits shall be in accordance with applicable traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one off-street loading space. However, no such loading space shall be located in the required front yard setback. 7 Section 10: That Section 16, Subsection 16-1 (C) of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 16-1 General. C. The Planning Board shall, within sixty (60) days, hold a public hearing thereof and submit its report and recommendations on the proposal to the City CelcIR€4.1 Commission within thirty (30) days from the date of the public hearing. Notice of public hearings before the Board shall be given by publishing the time, place, and nature of the hearing not more than 30 nor less than 15 days before the hearing, at least once in one or more newspapers of general circulation in the City, and the Board shall cause to be posted conspicuously on the property, in accordance with the rules of the Board. In addition the Board shall give 15 days notice by mail to owners of record of land lying within 375 feet of the land, the boundaries of which are proposed to be changed. The Planning Board may swear witnesses on their own volition or on request of any party to a hearing and may compel appearance of witnesses. Any application for a change of zoning, amendment to the Zoning Ordinance, or conditional use may be withdrawn by a request in writing from the applicant at any time before a decision of the Planning Board, but if withdrawn after advertisement for a public hearing or posting of the property, the same or a substantially similar petition covering the same property shall not be resubmitted for at least one year after the date established for the prior hearing. Filing fees shall not be refunded once the public hearing has been advertised. Section 11: That Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of a new Section 16A, including Subsections 16A-1, 16A-2, 16A-3, and 16A-4 to read as follows: SECTION 16A - PLANNING BOARD 16A-1 Composition. A. The Board shall be composed of eleven (11) members, four (4) of whom shall be appointed by a majority vote of the City Commission and each member of the City Commission shall be entitled to appoint one of the 8 remaining seven (7) members. Each member shall serve for a term of two (2) years. 16A-2 Eligibility. A. No person except a resident of the City of Miami Beach, or an individual having their main business interest in the City of Miami Beach shall be eligible for appointment to said Board. In the event any member of the Board fails to attend more than two consecutive meetings without due cause or bona fide excuse, as found and deter- mined by a majority of the Board, said member shall cease to be a member of said Board. 16A-3 Meetings and Procedures. A. The Board created hereby shall elect a Chairman, a Vice Chairman, and a Secretary. It shall have authority to adopt rules and regulations for its guidance in the transactions of its business, subject to the limita- tions of the City's Charter and ordinances. The Board shall, appro- priate rule, 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 appro- priate or convenient for the performance of its duties. 16A-4 Powers and Duties. A. To acquire, compile and collate all available data, materials, statistics, maps, photographs, reports and studies necessary to obtain an under- standing of past trends and present conditions, which affect the City and the economic and general welfare of its residents and the forces now at work which are and will continue to affect the future of the City. The Board shall evaluate the data so acquired and derive there from the past, present and future trends as they relate to population, property values, economic bases, land use, and to evolve the principles and policies required to guide the direction and type of future development and expansion of the City. B. To conduct such public hearings as may be helpful in gathering information and data necessary for the drafting of suitable and appro- priate plans for the comprehensive and systematic development of the City and to transmit the same to the City for consideration thereof by said City Commission. ., 9 C. To make, cause to be made, or obtain special studies on the location, condition and adequacy of specific facilities of the City. These may include, but are not limited to, studies on single and multiple family housing, including hotels, apartment houses, cooperatives and condo- miniums, commercial and industrial conditions and facilities, beaches, parks, playgrounds and other recreational facilities, public buildings, public and private utilities, traffic, transportation and parking. The Board shall be authorized to study and consider any and all studies in this field made and published by the Federal, State and County governments. D. To make appropriate studies of the location and extent of present and anticipated use of land, population, social and economic resources and problems, and to submit such data, with the recommendations of said Board, to the City Commission. E. To consider and to act upon any and all matters referred to it by the City Commission or by the provisions of any City ordinance pertaining to the development of the City of Miami Beach, and to submit its findings and recommendations on such matters to the City Commission. Section 12: 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. PEDESTAL: That portion of a building or structure which is equal to or less than 4-5 50 feet in height above sidewalk elevation. Where a ground level and/or subterranean level area, as described herein, is utilized, the pedestal level area shall be that portion of a building or structure above the ground level area or subterranean level if no ground level is utilized and equal to or less than 4-5 50 feet in height above the sidewalk elevation. L 4er- No c es- sh l4 the-- pedestal portion of a building shall contain more than five (5) floors, except in those cases where the maximum clear height between finished floor and finished ceiling for all floor levels except garage levels is 8'.0", provided the minimum height from finished floor to finished ceiling for garage levels is 7'6". 10 Section 13: That Section 3, Subsection 3-2 of Ordinance 1891 of the City of Miami Beach is hereby amended by the addition of the following definition, to read as follows: 3-2 Terms Defined. Automobile Parking Lot, Open, or Enclosed, Non- Commercial provided such use is accessory to a primary use in accordance with the provisions of Seciton 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. Section 14: That Section 6, Subsection 6-1 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-1 RS-1, RS-2, RS-3, and RS-4 Single-Family Residential Districts. 2. The following uses may be permitted as a Conditional Use: a. Municipally owned and operated recreation facility, playground, playfield, park and beach. b. Municipal buildings and uses. c. Temporary use for a period not to exceed 15 days. Section 15: That Section 6, Subsection 6-2 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-2 RM-14 Multiple-Family Low Density District. 4. The following uses may be permitted as a Conditional Use: a. Church, synagogue and temple b. Municipal buildings and uses. c. Public and governmental buildings and uses. d. Public utilities or public service uses, structures and appurte- nances thereto. 11 e. Publicly owned and operated recreation facility, playground, play- field, park and beach. f. School, elementary or high, having a curriculum substantially equivalent to public schools of comparable grades and having approval of the State Department of Education. g. Temporary use for a period not to exceed 15 days. Section 16: That Section 6, Subsection 6-3 of Ordinance 1891 of the City of Miami Beach is hereby amended to read as follows: 6-3 PUD - Planned Unit Development Residential District. 2. The following uses are subject to site plan approval: a. Accessory uses for above b. Apartment building c. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. ET Aqua4um3 eemmet€ia4 d� Beaehes3 eemmeFeia4 e. Bus telm+Ra4s f. Camps-, day AF beaFd}Rg g.d. Churches, synagogues and temples hY Ce44eges7 j.uiR4-9F Ee44eges., eF .iRst}tut eRs of h}ghei 4eaFR}Rg Day RuFseiy j.e. Group house k. 4Rstitut}eRs3 edueatieRa4 OF ph4aRthFepi€7 4Relud4Rg museums asd att galler- es 1. NilaF4Ra mtf.. Municipal buildings and uses R.g. Private club e.,h. Two-family dwelling moi. Temporary use for a period not to exceed 15 days Section 17: That Section 6, Subsection 6-7 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 12 6-7 C-1 Neighborhood Business District. 1. Any use permitted in a RM-60 Multiple Family District except those uses listed as Conditional Uses. 20. The following uses may be permitted as a Conditional Use: at A9 iat4Im3 eer r ei€ia4 bYa. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section, a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. Et Beaches-, Eemmet€ia4 4, Bus teFm}Rals ew Camps-, day OF beaF4iRg f Ce44eges,+unioF Ee44eges1 eF institutions of la}gheF 4eaFR4Rg gwb. Day nursery law InstitutieRs-, educational eF pbi4anthFepi€3 }Rc4Ld+Ag museums and aFt gal4er4es Mat4na k c. Filling station, but with no lighting fixture or illuminated sign extending to a height greater than 15 feet. fid. Municipal buildings and uses fie. Undertaking establishment or funeral home mwf. Temporary use for a period not to exceed 15 days. Section 18: That Section 6, Subsection 6-8 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 6-8 C-2 General Office 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 uses: 1. Any use permitted in the RM-100 Multiple Family District; and these peFn4tted in the C-1 Neighborhood Business District except the following: 13 a. Those uses listed as permitted conditional uses in each of these districts. b. Automatic ice distribution station or other drive-in automatic vending station. c. Bicycle store, rental or sales, and bicycle repair shop 2. Clinic 3. Health or athletic club or studio, bath or massage parlor 4. The following uses may be permitted as a conditional use: a� Agear-fem-, eemmeFe}af b� Beaehes7 eemmecefaf ev Bus teFm4Rafs d� Camps.y day eF beaFdiRg et Ce44eges-,j4dRi-eF ee44eges3 9F iRstitdtieRs of h}gheF feasR Rg f� Day RwwseFy g= 4Rstftet}eRs3 edeeatfeRaf OF ph aRthtep}e7 +Re4ud+Rg museums and aFt gal4er-yes kw Mar- Ra tea. Municipal buildings and uses j,b. Private club k7c. Temporary use for a period not to exceed 15 days Section 19: That Section 6, Subsection 6-10 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 6-10 C-4 Business District 1. Any use permitted in C-1, C-2, C-3 except those uses listed as Conditional Uses. 4. The following may be permitted as a Conditional Use: a. Aquarium, commercial. b. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section, a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Beaches, commercial. d. Bus terminals. e� Camps day eF beaFdfRg. 14 he. Colleges, junior colleges, or institutions of higher learning. g, Day AuFseFy� kJ. Filling Station Wig. Institutions, educational or philanthropic, including museums and art galleries j-rsh. Marina. kid. Municipal buildings and uses 4..j. Private club mwk. Storage parking lots R-.1. Uses not listed above which are similar in character to one or more permitted uses, and which would not be inappropriate in this District. e m. Temporary use for a period not to exceed 15 days. Section 20: That Section 6, Subsection 6-11 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 6-11 C-5 General Business District. 1. Any use permitted in C-4 except those uses listed as Conditional Uses. 22. The following may be permitted as a Conditional Use: a. Aquarium, commercial. b. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For purpose of this Section a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. c. Beaches, commercial. d. Bus terminals. et Camps-, day eF beaFd}RgT he. Colleges, junior colleges, or institutions of higher learning. gt Day RwwseFyT kJ. Institutions, educational or philanthropic, including museums and art galleries. }. Mar- Ra j-g. Municipal buildings and uses k=h. Private club 4-ri. Storage parking lots raj. Undertaking establishment or funeral home 15 121-wk. Temporary use for a period not to exceed 15 days. Section 21: That Section 6, Subsection 6-12 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 6-12 C-6 Intensive Commercial District. 1. Any use permitted in a C-5 District except those uses listed as Conditional Uses. 20. The following uses may be permitted as a Conditional Use: a. Aquarium, commercial. b. Automobile Parking Lot, Open, or Enclosed, Non-Commercial provided such use is accessory to a primary use in accordance with the provisions of Section 9-3 of the Ordinance. For the purpose of this Section, a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. E� Beaehes7 Eery m eFE4ab dzc. Bus terminals. e-. Camps-, day et beaFd4-Rg. Ce44eges-s 3uRfoF eel4eges3 o +Rs utieRs of h gbeF feaFR Rg-. gT Day RuFsetyt k d. Filling Station. tee. Institutions, educational or philanthropic, including museums and art galleries. }� ar-4Ra k7f.. Municipal buildings and uses. 1-pg. Private club. rah. Storage parking lots. Uses not listed above which are similar in character to one or more permitted uses, and which would not be inappropriate in this District. 4.j. Temporary use for a period not to exceed 15 days. Section 22: That Section 6, Subsection 6-14 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 16 6-14 MR Marine Recreation District. 13. The following uses may be permitted as a Conditional Use: a� A9ua 4um-, cemmet€faf b-. Beaches-s eemmeFeiaf ET Bus teFm4Rafs 4 Camps-, day 9F beaFd Rg e� Ceffeges3}uRfeF €e44eges7 eF 4RstftutfeRs of hfgheF feaFR4Rg f= Day RUFseFy gt 4RstftutfeRs3 educatieRaf OF ph44aRthFepfc3 +R€fed}Rg museums and aFt gaf4er4es h.. M aFina be. Municipal buildings and uses }� Pr4vate €fub krb. Uses not listed above, which are similar in character to one or more permitted uses, and which would not be inappropriate in the district. 4..c. Temporary use for a period not to exceed 15 days. Section 23: That Section 7, Subsection 7-1 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: * 7-1 Condit ional Uses. B. CONDITIONAL UES ENUMERATED GENERAL CONDITIONS. The fe44ew- }Rg befld}Rgs3 stFuetui es3 and Conditional Uses may be approved by the City CeuR€14 Commission as eeRdf4eRaf uses in certain Districts, except as etheFwise pFev}ded in accordance with the procedures and standards of this Section, provided that the public health, safety, morals, and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. Unless otherwise specified in this Section, or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the District in which the conditional use is located. fR aRy Dfstt4ct fR the C}ty+ M�Rfc}paf b1444141gs aFd uses 2t TempeiaFy use feF a peFied Ret to exceed .15 days 17 • • 9 4R aey Dlst4ct except and RS-11. RS-23 RS-3-, RS-43 RM-44 OF C-3 Distr-l€t+ 3: Agear- er 3 cer+ir ecc4a1 4T Beaches-, cemmeFcial Bus teFm.Aals 6* Camps-, day OF beard}eg �T Cel4eges3 3611:49F celleges., +Iast+tutleRS of talglaeF lease}Ag 8T Day RUFsety 7T 4Rst}tetiees3 educatleRal eF phlfaethieplc-, }ecludlpg museums and art gal4e 4es IQ-. Ma4Aa 44 FF-lvate club Section 24: That Section 8, Subsection 8-4 of Ordinance 1891 of the City of Miami Beach be amended to read as follows: 8-4 Lot Coverage for Multiple Family Zoning Districts. B. MAXIMUM LOT COVERAGE 1. On a lot with a total area of 10,000 square feet or greater, the lot coverage permitted shall be determined by the height of the building in accordance with the following table; provided that the maximum lot coverage permitted shall be 50% for the pedestal level, as described herein, of any building or group of buildings, regardless of the total height of the building. The maximum let cevetage shall Rot exceed the fellew+Rg+ In determining compliance with the provisions of this section, maximum lot coverage requirements shall vary based upon the total height each portion of the building is above grade as noted below: Height of Building Lot Coverage 4579 ft er less TTTTTT7TTTTTTTTTTTTTTTTTTTTTT 5g% 4,571 - 59 ft., TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 50 ft. or less • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 50% 50.1 - 60 ft. • • • • • • • • • • • • . . . . . . . . . . . . • • • • • • • 31% 60.1 - 70 ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 29% 70.1 - 80 ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 28% 80.1 - 90 ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 27% 18 90.1 - 100 ft• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 26% 100.1 - 150 ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • 25% 150.1 - 200 ft. • • • • • • • • • • • • • • • • • • • • • • • • • • • • 20% 200.1 or greater • • • • • • • • • • • • • • • • • • • • • • • • • • • 15% * * Section 25: REPEALER: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 26: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 27: This Ordinance shall become effective upon its passage in accordance with law. Any plans submitted to the Code Enforcement Division as part of a building permit application prior to the effective date of this Ordinance shall only be required to comply with the provisions of the Zoning Ordinance in effect prior to said effective date. Section 28: In accordance with Section 16A-1 of the Zoning Ordinance as established herein, those present at-large members of the Planning Board shall remain in office until January 17, 1983. Other present members appointed by individual Commission members shall remain in office until January 17, 1982. PASSED AND ADOPTED this 15th day of July , 1981. ATTEST: Mayor eid City lerk Words in stFwek thFeugb type are deletions. Words in underscore are additions. 1st Reading - June 17, 1981 2nd Reading - July 15, 1981 APPROVED LEGAL EPT. By Y Date x 7J '/ 19 [CJ); 0 bO•H 0 4-1 •H cZi 0 -I 4-1-1 f, ctj C) ^ �^) `V WV N O 0 I •rl n <4• 00 Hozi • 0" •H r-I U H • 00 0 •H • O H 0 60 x �� N � (1) O W '� r-I •rl C.) 0.01Tj •ri bl� Z bp 0 ) 0 rHI • 'H• � N 0 O O C) N 00 0 •rl ct3 0 •r-I U H 'H 4-) Q) ' •rl Q4 U <C 4) ci c1 Td ct 1