Ordinance 83-2363 ORDINANCE NO: 83-2363
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO.
1891; PROVIDING FOR AN AMENDMENT TO SECTION 3-2
CREATING A DEFINITION FOR REQUIRED YARD, PROVIDING
FOR THE CREATION OF A NEW SUBSECTION 5-8 REGARDING
THE DIVISION OF LOT, LOT SPLIT; PROVIDING FOR THE
CREATION OF A NEW SUBSECTION 5-9 REGARDING THE
RELATIONSHIP TO THE COMPREHENSIVE PLAN; PROVIDING FOR
AN AMENDMENT TO SUBSECTION 6-1.E 2 , REGARDING THE
CLARIFICATION OF ALLOWED SIDEYARD SETBACK; PROVIDING
FOR AN AMENDMENT TO SUBSECTION 8-1.B REGARDING THE
HEIGHT OF FENCES, WALLS, GATES, LIGHT POLES, AND
HEDGES; THE LOCATION OF TENNIS COURTS AND ACCESSORY
STRUCTURES, MINIMUM OPEN SPACE REQUIREMENTS FOR
PORCHES AND PLATFORMS, CARPORTS, DRIVEWAYS;
AMENDING SUBSECTION 9;5 RELATING TO THE MINIMUM
HEIGHT OF WALLS AND HEDGES SURROUNDING PARKING LOTS;
AMENDING SUBSECTION 9-6 REGARDING PARKING AND
CARPORT STRUCTURES;,PROVIDING FOR A NEW SUBSECTION
13-6, A-3 REGARDING FEE AND PUBLIC NOTICE REQUIREMENTS
FOR A CLARIFICATION OF FINAL RULINGS PREDICATED BY
THE BOARD OF ADJUSTMENT; PROVIDING FOR A NEW
SUBSECTION 13-7 REGARDING STAY OF WORK AND
PROCEEDINGS ON APPEAL; PROVIDNG FOR AN AMENDMENT TO
SUBSEC 'ON 16-1 REGARDING NOTICE AND AREA
REQUIREMENTS FOR ZONING ORDINANCE AMENDMENTS,
CHANGES, AND SUPPLEMENTS; SUBSECTION 16-2 REGARDING
PLANNING BOARD FEES, AND APPLICATION FILING
PROCEDURES ; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
to read as follows:
SECTION 5. GENERAL PROVISIONS
SECTION 1:
5-8 Division of Lot; Lot-Split.
No lot, plot or parcel of land, whether improved or unimproved, designated by
number, letter or other description in a plat of a subdivision, shall be further
divided or split, for the purpose, whether immediate or future, or transfer of
ownership or development, without prior review and approval by the Director of
the Code Enforcement Department.
SECTION 2: That Section 5, Subsection 5-9 of Ordinance No. 1891 is hereby created to
read as follows:
5-9 Relationship to the Comprehensive Plan.
All regulations contained herein and the maps attached thereto shall be
amended, supplemented or changed only in compliance with Chapter 163 of the
Florida Statutes as pertains to comprehensive planning activities.
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SECTION 3: That Section 6-1, E-2 of Ordinance No. 1891 is hereby amended to read as
follows:
Side: The sum of the side yard width shall be at least 25% of the lot width but
no side yard adjacent to a street shall be less than 15 feet and no interior side
yard shall be less than 7.5 feet except that where an existing building has at
least a minimum 5 foot interior side yard setback in such cases the setback shall
be allowed to follow the existing building line for said building. The maintenance
of the minimum required 5 ft. side yard setback shall apply to the linear
extension of a single story building or the construction of a second floor addition
to existing single family buildings.
SECTION 4: That Section 8, Subsection 8-1, B-5 of Ordinance No. 1891 is hereby
amended as follows:
8-1, B. Allowable Encroachments
5. Ornamental fences, walls, hedges, gates, and lightpoles are permitted as
follows:
a= PFARt yaFds r axfmum ef 5 feet,
b, Side and FeaF yaFds maximum ef 7 feet,
eT AfeRg the betiRdaFy between a FestdeRtfaf and a busi Ress dtstF€t - 4A
feet,
a. Single family districts
1. Maximum height shall not exceed 5 feet when located in any
required yard. Ornamental fixtures or lamps are permitted to
be placed on poles, walls or fences only when located in the
required front yard or any yard facing a public street, alley,
golf course, or body of water. The total height of the combined
structure shall not exceed 7 feet. Ornamental fixtures and
lamps shall be located with a minimum separation of 8 feet on
center with a maximum width of 2 feet.
b. C-6 Commercial Interior District
1. The maximum height of a wall or fence in the required front,
rear, or any side yard shall not exceed 7 feet, excluding barbed
wire or materials of similar character. Provided that barbed
wire or materials of similar character shall be elevated 7 feet
above grade and be angled towards the interior of the lot. The
combined height of a wall or fence plus barbed wire or
materials of similar character shall not exceed 9 feet.
c. In any district except single family and C-6.
1. The maximum height shall not exceed 5 feet in the required
front yard and 7 feet in the required side and rear yards.
Ornamental fixtures and lamps are permitted to be placed on
walls or fences only when located in the required front yard or
when fronting on any yard facing a public street or alley, golf
course, and body of water. The total height of the combined
structure shall not exceed 7 feet. Ornamental fixtures and
lamps shall,have a minimum separation of 8 feet on center and
a maximum width of 2 feet.
d. All surfaces of masonry walls and fences, when seen from adjoining
properties, shall have a stucco or equal finish.
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e. Along the boundary between a residential and business district - 10
foot maximum height.
f. The use of barbed wire or materials of similar character is prohibited
in all districts except in the C-6 district.
& The following regulations shall apply for fences, lightpoles or other
accessory structures associated with a tennis court, basketball court
or similar court games in all single family districts.
1. Required front yard - maximum height of fences shall be 10
feet when located at least 10 feet from the front property line
2. Required side and required rear yard - maximum height of
fences shall be 10 feet when located 7V2 feet from the property
line.
3. Any and all accessory lighting, customarily associated with the
use of court games, shall be erected as to direct light on the
premises only.
4. All chain link fences shall be coated with green or black
materials.
5. When fences are located in required yards, they shall be
substantially screened from public view from adjacent
properties, public right-of-ways, and waterways by landscape
materials.
6. Any playing surface, whether paved or unpaved, when
associated with said court games, shall have the following
minimum required yards: front - 20 feet, interior side - 7V
feet, any side facing on a street - 15 feet, rear - 7Y2 feet.
SECTION 5: That Section 8, Subsection 8-1, B-4 of Ordinance No. 1891 is hereby
amended as follows:
4. Porches and Platforms - Open unenclosed porches or platforms not covered
by a roof or canopy, and which do not extend above the level of the first
floor of the building and completely enclosed below the floor of the porch
or platform, may extend or project into the front or side yard not more
than six (6) feet; however, at least 2%2 feet of the required yard must be
maintained as permanent landscaped open space excluding parking areas.
SECTION 6: That Section 8, Subsection 8-1.8.11. of Ordinance No. 1891 is hereby
amended as follows:
11. 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 required 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 7V2 feet 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.
SECTION 7: That Section 8, Subsection 8-1, B-13 of Ordinance No. 1891 is hereby
amended as follows:
13. Carports - An open carport which is constructed of canvas or pipe for the
express purpose of shading automobiles shall have a minimum required
interior sideyard setback of 4 feet and shall be permitted to extend into
the required front yard setback of a single family residence, provided such
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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 screen 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. For setback purposes only, carports constructed prior
to the adoption of this Section shall be considered as legal non-conforming
uses, however, the degree of non-conformity shall not be compounded
although they may be repaired or replaced.
SECTION 8: That Section 8, Subsection 8-1, B-15 of Ordinance No. 1891 is hereby
created to read as follows:
1.5. Driveways - All driveways in single family residential districts shall have a
minimum four foot setback from the side property line.
SECTION 9: That Subsection 9-5, I-1 of Ordinance No. 1891 is hereby amended to read
as follows:
1. Perimeters.
When off-street parking areas for three or more automobiles are located
closer than fifty (50) feet to a lot in a residential district, not withstanding
Section 8-1, B-5 the perimeter of the parking areas shall be screened by
one or more of the following:
a. Front, Side, and Rear Yard Perimeters.
1) A solid 3V2 foot high opaque wall or fence. Ret less thaR six feet
ih height* All surfaces of the opaque wall shall have a stucco or
equal finish.
2) An opaque dense hedge, not less than six three (3) feet in height
at time of planting and not more than five (5) feet in height at
maturation.
bT Street FFeht Perimeters*
l} A wall het less thah five feet ih height RAF mere thaR six feet ih
height, such hedge to be within a verdant grass or equal
landscaped border four feet in width.
SECTION 10: That Section 9, Subsection 9-6A of Ordinance No. 1891 is hereby amended
to read as follows:
9-6 Parking in Front Yards.
A. Single-Family Residential District.
1. Required parking spaces may be located in the minimum front yard
setback area.
2. Accessory carport structures within the front yard shall het be
permitted in the minimum sideyard setback pursuant to Section 8-1,
B-13 of this ordinance.
3. Parking or storage of vehicles in the minimum front yard setback
shall be restricted to automobiles. No commercial vehicles shall be
parked or stored in the minimum front yard setback.
SECTION 11: That Section 13, Subsection 13-6, A-3, created to read as follows:
3. When an applicant requests a clarification of a previous Board of
Adjustment finding, a fee of $250.00 shall be assessed. Public Notice
requirements listed in Section 16-1 shall b,e applied.
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SECTION 12: That Section 13, Subsection 13-7 of Ordinance No. 1891 is hereby amended
to read as follows:
13-7 Stay of Work and Proceedings on Appeal.
An appeal to the Board of Adjustment stays all work on the premises and all
proceedings in furtherance of the action appealed from unless the official from
who the appeal was taken shall certify to the Board of Adjustment that, by
reason of facts stated in the certificate, a stay would cause imminent peril to
life or property. In such case, proceedings or work shall not be stayed except by
a restraining order which may be granted by the Board of Adjustment or by a
court of record on application, on notice to the officer from whom the appeal is
taken and on due cause shown.
SECTION 13: That Section 16, Subsection 16-1 of Ordinance No. 1891 is hereby amended
to read as follows:
SECTION 16. CHANGES AND AMENDMENTS
16-1 General.
A. The City Commission may, from time to time, amend, supplement, or
change, by ordinance the boundaries of the districts or the regulations
herein established in accordance with the following provisions:
1. In cases in which the proposed rezoning involves less than 5 percent
of the total land area of the City, the City Commission shall direct
the Clerk of the City of Miami Beach to notify by mail each real
property owner whose land the City will rezone by enactment of the
ordinance and whose address is known by reference to the latest ad
valorem tax records. Provided further, notice shall be given by mail
to the owners of record of land lying within 375 feet of the land, the
boundaries of which are proposed to be changed. The notice shall
state the substance of the proposed ordinance as it affects that
property owner and shall set a time and place for one or more public
hearings on such ordinance. Such notice shall be given at least 30
days prior to the date set for the public hearing, and a copy of such
notice shall be kept available for public inspection during the regular
business hours of the office of the City Clerk. The City Commission
shall hold a public hearing on the proposed ordinance and may, upon
the conclusion of the hearing, immediately adopt the ordinance.
2. In cases in which the proposed ordinance deals with more than 5
percent of the total land area of the City, the City Commission shall
provide for public notice and hearings as follows:
a. The City Commission shall hold two advertised public hearings
on the proposed ordinance. Both hearings shall be held on a
weekday, and the first shall be held approximately 7 days after
the day that the first advertisement is published. The second
hearing shall be held approximately 2 weeks after the first
hearing and shall be advertised approximately 5 days prior to
the public hearing. The day, time, and place at which the
second public hearing will be held shall be announced at the
first public hearing.
b. The required advertisements shall be no less than one-quarter
page in a standard size or a tabloid size newspaper, and the
headline in the advertisement shall be in a type no smaller than
18 point. The advertisement shall not be placed in that portion
of the newspaper where legal notices and classified
advertisements appear. The advertisement shall be published in
a newspaper of general paid circulation in the City of Miami
Beach and of general interest and readership in the community,
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not one of limited subject matter. Whenever possible, the
advertisement shall appear in a newspaper that is published at
least 5 days a week unless the only newspaper in the community
is published less than 5 days a week.
c. The advertisement shall be in the following form:
NOTICE OF ZONING CHANGE
The proposes to rezone the land within the area
shown in the map in this advertisement.
A public hearing on the rezoning will be held
on at
d. The advertisement shall also contain a geographic location map
which clearly indicates the area covered by the proposed
ordinance. The map shall include major street names as a
means of identification of the area.
e. In lieu of the publishing the advertisement set out in this
paragraph, the City may mail a notice to each person owning
real property within the area covered by the Ordinance. Such
notice shall clearly explain the proposed ordinance and shall
notify the person of the time, place, and location of both public
hearings on the proposed ordinance.
3. An affirmative vote of 5/7ths of all members of the City Commission
shall be necessary to enact any ordinance which amends,
supplements, changes, modifies or repeals the regulations and
boundaries herein established, and provided further, that such
ordinance can only be enacted after having held a public hearing
following at least fifteen (15) days notice of time, place, and object
of such hearing published in an official paper, or a paper of general
circulation in said City of Miami Beach. On final passage, the vote
of each member of the City Commission voting shall be entered on
the official record of the meeting. The effective date of any
ordinance shall be prescribed therein, but the effective date shall not
be earlier than ten (10) days after its enactment. afteF having held
pubiie heaping at least fifteen 4.45) days notice ef time; place and
object of such hearing published in an official papeF; OF a papeF ef
geneFal eiFeulatieR iR said City of Miami Beach- amend; supplement;
change; modify OF repeal the FegulatieRs and beuRdapies heFeiR
establishedT eFevided3 hewevep; that Re amendment shall become
effective except by the faveFable vete of five sevenths 45/7ths3 of all
membeFs of the City Commission: Andy pFevided fuFthepf that 44 the
hewing is to be OR the question of a change iR the beuRdapies heFeiA
established-, then such fifteen op days Retire shall be given by mail
to the ewes of FeeeFd of land lying within 375 feet of the landy the
beundapies of which aFe eFepesed to be changed:
4. All changes and amendments shall be consistent and compatible with
the Comprehensive Plan.
B. Before taking any action on any proposed amendment, supplement, or
change, the City Commission shall submit the same to the Planning Board
for its recommendations and report.
C. The Planning Board shall, within sixty (60) days, hold a public hearing
thereon and submit its report and recommendations on the proposal to the
City 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 in one or more newspapers of
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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 the owners of
record of land lying within 375 feet of land, the boundaries of which are
proposed to be conspicuously posted on the property, in accordance with
the rules of the Board. In addition, the Board shall give 15 days notice by
mail to the owners of record of land lying within 375 feet of 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.
D. 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.
E. Any person appearing before the City Commission at a public hearing in
regard to an application for a change of zoning or other amendment to this
Ordinance shall be administered the following oath by any person duly
authorized under the laws of Florida to administer oaths:
"I, , do 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."
F. Any person giving false testimony before the City Commission at a public
hearing in regard to an application for a change of zoning or other
amendments to this Ordinance shall be deemed to have violated the
provisions hereof and shall be subject to the maximum penalty prescribed
by Section 2 of the Code of the City of Miami Beach.
SECTION 14: That Section 16, Subsection 16-2 of Ordinance No. 1891 is hereby amended
to read as follows:
16-2 Petition for Changes and Amendments.
A. A petition for an amendment, supplement or change may be submitted to
the Planning Director by an adopted motion of the City Commission, or by
the owners of a majority of frontage in any area. Said area shall contain
not less than four hundred (400) feet of frontage on any public street-or-
way or a parcel not less than eighty thousand (80,000) square feet.
B. The petition shall be in accord with a form approved by the City Attorney.
The Planning Director shall forthwith forward notice of the petition to the
City Manager C4eFk of the City CemmissleR for notation in the record of
Commission business. The CleFk spall feFwaFd twe eep-ies to the PIaRRiRg
BeaFd feF held}Rg of a pdblie hear-4Rg; FepeFty and FeeemmeRdatieR.
C. The petitioner or appointed agent shall be responsible for an application
with the Planning Department in accord with a form approved by the City
Attorney. All applications shall be received not less than thirty (30) days
prior to the Planning Board meeting at which the hearing on said
application is to be held. Any application submitted to the Planning
Department shall be complete, as required by Section 14-3.
D. Any petitioner requesting and obtaining a public hearing on any application
for change of zoning or other amendment to this Ordinance shall pay, upon
the adept}eR of the 1eselutieR ea44tRg the public hear4Rg Fegl4Fed bePeby;
submission of the application the following fees:
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1. Change of Zoning $39A $500
2. Amendment to the Zoning
Ordinance not involving a
zoning change, requiring
newspaper noticing only. $20A $350
3. Amendment to Zoning Ordinance
requiring individual mailing,
plus newspaper notice. $3AA $500
The above fees are for the purpose of defraying expenses of public notices
and other administrative costs associated with said hearing.
SECTION 15: That Section 3, Subsection 3-2, of Ordinance No. 1891 is hereby amended
to read as follows:
YARD, REQUIRED; The minimum distance allowed between a lot line and
a building or structure excluding allowable encroachments.
SECTION 16: REPEALER. All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 17: 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 any 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 18: EFFECTIVE DATE
This ordinance shall take effect ten days after adoption, on
March 12 , 1983.
PASSED and ADOPTED this 2nd of March, 1983.
MAYOR
ATTEST:
arrvuliCet
CITY CLERK ctAl'h"`°
1st Reading - February 16, 1983 `�7 _
RWP:SAY:rg 2nd Reading - March 2, 1983 = '
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