Ordinance 82-2315ORDINANCE NO. 82-2315
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 ORDINANCE PROVIDING
FOR ADULT CONGREGATE LIVING FACILITIES TO BE
LOCATED AS CONDITIONAL USES IN THE PLANNED
UNIT RESIDENTIAL DEVELOPMENT DISTRICT, RM -60,
RM -100 AND RM -125, MULTIPLE FAMILY RESIDENTIAL
DISTRICTS; 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:
SECTION 1: That Section 3-2, of Ordinance No. 1891 is hereby amended by the
addition of the following definition to read as follows:
* * *
3-2 Terms Defined
ADULT CONGREGATE LIVING FACILITY: Any State licensed
institution, building or buildings, residence, private home,
boarding home, home for the aged, or other place whether
operated for profit or not, which undertakes through its ownership
or managment to provide for a period exceeding 24 hours, one or
more personal services for four or more adults, not related to the
owner or administrator by blood or marriage, who require such
services. A facility offering personal service for fewer than four
adults shall be within the meaning of this definition if it holds
itself out to the public to be an establishment which regularly
provides such services. Personal services means services in
addition to housing and food service, which include but are not
limited to: personal assistance with bathing, dressing,
ambulation, housekeeping, supervision, emotional security, eating,
supervision of self-administered medications, and assistance with
securing health care from appropriate sources. Personal service
does not include medical services. The language above shall not
preclude an applicant from seeking conditional use approval
contingent upon obtaining a valid State license.
SECTION 2: That Section 6, Subsection 6-4, or Ordinance No. 1891 of the City
Miami Beach is hereby amended to read as follows:
6-4 PUD Planned Unit Development Residential District.
A. DISTRICT PURPOSE. PUD District is intended for a transitional
area where there is a need for allowing flexibility as to the
arrangement of buildings and a need to regulate access and
circulation in order to preserve the character and natural habitat
of an existing neighborhood. Large sites best lend themselves to
this type of development and incentives have been provided to
encourage assembly of properties. The proposed development
must be designed to produce an environment of desirable
character and in harmony with the particular area. The provisions
herein are intended to result in a superior quality of housing and
Page 1
open space relationships, high standards for recreational areas,
parking areas and service areas. The objectives can only be
defined in general terms and their realization can be obtained
only be review and approval of the development plans for each
development in the PUD Residential District.
B. USES PERMITTED.
1. Single family detached dwelling.
2. The following uses are subject to site plan approval:
a. Apartment building.
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. Adult congregate living facility subject to the
following requirements:
(1) Shall not be located on bayfront or oceanfront
properties.
(2) To encourage geographic distribution and
discourage clustering of these facilities, not less
than 1500 feet shall separate the facility from
another similar facility; said distance to be
measured from property line to property line.
(3) The maximum height of these facilities shall be
four (4) stories.
(4) In order to provide residents with access to the
necessary personal support services including
public transit, all facilities shall be located
within 1500 feet of a commercial shopping area.
(.5) All facilities shall be compatible with the
surrounding neighborhood and adjacent
properties.
eTd. Churches, synagogues and temples.
4.e. Group house.
ell. Municipal buildings and uses.
hg. Private club.
gTh. Two family dwelling.
kali. Townhome Residential Development Pursuant to
Section 25. Townhome Residential District
Regulations.
j Temporary use for a period not to exceed 15 days.
3. Accessory uses for above.
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C. MINIMUM LOT AREA.
1. PUD -1: 7,000 square feet.
D. MINIMUM LOT WIDTH.
1. PUD -1: 50 feet.
E. MINIMUM YARDS.
1. PUD -1: Front, side and rear yards minimums shall be
determined according to specific site plans but shall not be
less than those specified for MF -10 unless approved
otherwise.
F. MAXIMUM HEIGHT. None
G. MINIMUM FLOOR AREA. 809 s9uaFe feet peF dwe1-I-i.Fig HRatr
1. Single Family detached dwelling: 800 square feet per
dwelling unit.
2. Two family dwelling and group house: 800 square feet per
dwelling unit.
3. Apartment building: 800 square feet per unit.
4.
Adult congregate living facility: 200 square feet per unit.
H. MAXIMUM FLOOR RATIO. 2.0
I. MAXIMUM LOT COVERAGE.
1. PUD -1: 50%
J. MAXIMUM DENSITY
1. PUD -1: Density is determined by size of the site as
specified below:
LOT AREA 7,500 15,000 22,500 30,000/Over
UNIT/ACRE 40 50 55 60
K. SITE PLAN APPROVAL.
1. When required a site plan shall be submitted meeting the
requirements of Section 14, and other information as may be
required be the specific project.
2. Procedures: Approval of site plan shall be in accordance
with Section 7-1, D, as applied to conditional uses.
SECTION 3: That Section 6, Subsection 6-5, or Ordinance No. 1891 of the City
of Miami Beach is hereby amended to read as follows:
6-5 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.
Page 3
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. Community garage.
6. Townhome Residential Development Pursuant to Section 25.
Townhome Residential District Regulations.
7. The following uses may be permitted as a conditional use:
a. Adult congregate living facility subject to the
following requirements:
(1) Shall not be located on bayfront or oceanfront
properties.
(2) To encourage geographic distribution and
discourage clustering of these facilities, not less
than 1500 feet shall separate the facility from
another similar facility; said distance to be
measured from property line to property line.
(3) The maximum height of these facilities shall be
four (4) stories.
(4) In order to provide residents with access to the
necessary personal support services including
public transit, all facilities shall be located
within 1500 feet of a commercial shopping area.
(.5) All facilities shall be compatible with the
surrounding neighborhood and adjacent
properties.
aTb. 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.
b7c. Beach, commercial.
eTd. Camp, day or boarding
die. Church, Synagogue and temple.
eTf. College, junior college, or institution of higher
learning.
hg. Day nursery.
gTh. Institution, educational or philanthropic, including
museum and art gallery.
hTi. Marine dockage.
Page 4
42j. Municipal dockage.
j,k. Private club.
kT1. Public and governmental buildings and uses.
1,m. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
ren. Public utilities or public service uses, structures and
appurtenances.
rTo. School, elementary or high, having a curriculum
substantially equivalent to pubic schools of
comparable grades and having approval of the State
Department of Education.
eTp. Storage parking lots.
pTq.
Temporary use for a period not to exceed 15 days.
C. MINIMUM LOT AREA. 5,000 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 t_JN4TT 400 sq aFe feet peF salt-,
1. Multiple family buildings other than adult congregate living
facilities: 400 square feet per unit.
2. Adult congregate living facility: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO
1. 1.52 for sites comprised of one platted lot.
2. 2.00 for sites comprising two or more platted lots.
I. MAXIMUM DENSITY. 60 units per acre.
SECTION 4: That Section 6, Subsection 6-6 of Ordinance No. 1891 of the City
Miami Beach is hereby amended to read as follows:
6-6 RM -100 Multiple Family Medium High Density District.
A. DISTRICT PURPOSE. This is a hotel and apartment district,
which accommodates 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 and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two-family dwelling.
Page 5
5. Community garage.
6. The following uses may be permitted as a conditional use:
a. Adult congregate living facility subject to the following
requirements:
(1) Shall not be located on bayfront or oceanfront
properties.
(2) To encourage geographic distribution and discourage
clustering of these facilities, not less than 1500 feet
shall separate the facility from another similar
facility; said distance to be measured from property
line to property line.
(3) The maximum height of these facilities shall be four
(4) stories.
In order to provide residents with access to the
necessary personal support services including public
transit, all facilities shall be located within 1500 feet
of a commercial shopping area.
All facilities shall be compatible with the surrounding
neighborhood and adjacent properties.
a*b. Aquarium, commercial.
bTc. 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.
eTd. Beach, commercial.
dTe. Bus terminal.
eTf. Camp, day or boarding.
hg. Church, synagogue and temple.
gTh. College, junior college, or institution of higher
learning.
hTi. Day nursery.
Institution, educational or philanthropic, including
museum and art gallery.
}.k. Marina.
kTl. Marine dockage.
l -.m. Minicipal buildings and uses.
r Tn. Private Club.
RTO, Public and governmental buildings and uses.
Page 6
etp. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
Ptq•
Public utilities or public service uses, structures and
appurtenances.
qtr. 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-rs. Temporary use for a period not to exceed 15 days.
7. Accessory use for above uses.
C. MINIMUM LOT AREA. 5,000 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 UN4T. 400 squaFe feet peF ept t
1. Multiple family buildings other than adult congregate living
facilities: 400 square feet per unit.
2. Adult congregate living facility: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 3.0
I. MAXIMUM DENSITY. 100 units per acre. Hotels and motels shall
be permitted to increae their density by 40%.
SECTION 5: That Section 6, Subsection 6-7 of Ordinance No. 1891 of the City
of Miami Beach is hereby amended to read as follows:
6-7 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 and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two-family dwelling.
5. Community garage.
6. Night club, without exterior entrances or exits, accessory to
a hotel or motel containing 100, or more, sleeping units.
7. Restaurant, with or without an accessory bar, but not a
drive-in restaurant, without exterior entrances or exits, the
accessory to a hotel or motel containing 100, or more,
sleeping units.
Page 7
8. The following uses may be permitted as a conditional use:
a. Adult congregate living facility subject to the following
requirements:
(1) Shall not be located on bayfront and oceanfront
properties.
(2) To encourage geographic distribution and discourage
clustering of these facilities, not less than 1500 feet
shall separate the facility from another similar
facility; said distance to be measured from property
line to property line.
(3) The maximum height of these facilities shall be four
(4) stories.
(4) In order to provide residents with access to the
necessary personal support services including public
transit, all facilities shall be located within 1500 feet
of a commercial shopping area.
(5)
All facilities shall be compatible with the surrounding
neighborhood and adjacent properties.
a7b. Aquarium, commercial.
bc. 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,d. Beach, commercial.
4.e. Bus terminal.
ell. Camp, day or boarding.
€.g. Church, synagogue and temple.
g,h. College, junior college, or institution of higher
learning.
b,i. Day nursery.
L Institution, educational or philanthropic, including
museum and art gallery.
j -.k. Marina.
k,l. Marine dockage.
hm. Municipal buildings and uses.
r,n. Private club.
ra,o. Public and governmental buildings and uses.
e,p. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
Page 8
P.rq•
Public utilities or public service uses, structures and
appurtenances.
g,r. Storage parking lots.
F -Ts. Temporary use for a period not to exceed 15 days.
9. Accessory uses for above uses.
C. MINIMUM LOT AREA. 5,000 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 WNW, 499 sq iaFe feet,
1. Multiple family buildings other than adult congregate living
facilities: 400 square feet per unit.
2. Adult congregate living facility: 200 square feet per unit.
SECTION 6: That Section 9, subsection 9-2 of Ordinance 1891 of the City of
Miami Beach is hereby amended by the addition of the standard:
9-2 Off -Street Parking Required.
A. Parking District No. 1
34. Adult Congregate Living Facility - 1 space for each two
beds.
SECTION 7: REPEALER. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 8: 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.
Page 9
SECTION 9: EFFECTIVE DATE
This ordinance shall take effect ten days after adoption, on
June 26, 1982.
PASSED and ADOPTED this 16th day of June, 1982.
ATTEST:
Fiza,A
CITY CLERK
1st Reading - May 5, 1982
2nd Reading - June 16, 1982 (As Amended)
RWP:SAY:rg
4/7/82
x 6/9/82
Page 10
ey
Date
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