Ordinance 82-2322ORDINANCE NO. 82-2322
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;
AMENDING THE DEFINITION OF NURSING
HOMES; CREATING A NH NURSING HOME
DISTRICT, 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:
SECTION 1: That Section 3, Subsection 3-2 of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
3-2 Terms Defined.
MOMEST NURSING AND CONVALESCENT OR EXTENDED CARE* URdeF this
OFd+RaRee; NHFsi•Rg Hemes and Cehvaleseeht Hemes OF ExteRded CaFe Facilities
aFe hespital Fe€ated facilities (See HOSPITAL) and shall be deve€eped ea€y as a
subeFdiRate use adjaeeht to a bespital. Sueb €aeilities aFe €uFtbeF de€fhed and
aFe distiRgutshed as €ellews+
NURSING HOME: A State Licensed facility providing long-term care of the
chronically ill, the physically disabled, and the aged who are unable to move
about without the aid of another person or device.
CONVALESCENT HOME OR EXTENDED CARE FACILITY is a facility €eF the
eaFe e€ peFsehs FeeeveF4hg €Fem illhess AF suFgeFy wbe de pet heed the 4Rtehs+ve
eaFe ef the geheFa€ hespita€ but aFe het yet well eheugh to ge heme.
SECTION 2: That Section 6, Subsection 6-21 of Ordinance No. 1891 of the City of
Miami Beach is hereby amended by the addition of a new section to read
as follows:
6-21 NH Nursing Home District
A. DISTRICT PURPOSE. This District is designed to accommodate facilities
providing direct or supervised nursing care and rehabilitation services for
the chronically ill, the physically disabled, and the aged who require
services provided by medical professionals.
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. Nursing Homes provided, however, that a "Certificate of Need" has
been issued by the State Department of Rehabilitative Services.
2. Accessory facilities necessary to the operation of a nursing home
such as:
a. Chapel.
b. Dining Facilities including kitchens.
c. Laundry.
d. Offices for administrative personnel.
e. Recreation facilities and Employee Lounges.
f. Parking lots and structures.
C. MINIMUM YARDS. Minimum yards shall be no less than the minimum
required yards for the District in which the property was located
immediately prior to the change of zoning to NH Nursing Home District.
D. MINIMUM LOT AREA AND FRONTAGE. As provided in Section 16.
Changes and Amendments. However, not withstanding any other provision
of this Zoning Ordinance, applications for Change of Zoning to a Nursing
Home District shall contain an area of not less than 40,000 square feet.
E. MINIMUM FLOOR AREA PER UNIT. No unit shall have less than 200
square feet, and, each unit accommodating more than 2 persons, shall
contain 100 square feet of additional area for each person in excess of two.
F. MAXIMUM DENSITY. The maximum density permitted shall be no greater
than the permitted residential density for the District in which the
property was located immediately prior to the change of zoning to NH
Nursing Home district.
G. MAXIMUM HEIGHT. The maximum building height for any Nursing Home
shall not exceed four (4) stories or 45 feet.
H. LOCATION. No application for a change of zoning to a NH Nursing Home
District shall be considered for any property which is located within an
RS -1, RS -2, RS -3 or RS -4 Single Family Residential District, C-6 Intensive
Commercial District, MU Municipal Use District, as of the Effective Date
of this Ordinance. In addition, no nursing home shall be located within
1,500 feet of another existing nursing home.
SECTION 3: REPEALER. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 4: 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 5: EFFECTIVE DATE
This Ordinance shall take effect
July 31, 1982.
10 days after adoption, on
PASSED and ADOPTED this 21st day, of July , 1982.
Mayor
ATTEST:
City Clerk
First Reading - 7/7/82
Second Reading - 7/21/82 (as amended)
RWP/MSL/rg
5/19/82
Rev.
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