Ordinance 94-2966 ORDINANCE NO. 94-2966
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 6, ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS", AMENDING SUBSECTION 6-1,
ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS" BY REMOVING HELICOPTER
PADS AND LANDING AREAS FROM THE CONDITIONAL USE
CATEGORY; AMENDING SUBSECTION 6-21, ENTITLED
"REGULATION OF ACCESSORY USES" BY CLARIFYING
THAT LANDING OR STORAGE AREAS FOR HELICOPTERS,
OR OTHER AIRCRAFT ARE NOT PERMITTED AS
ACCESSORY USES IN SINGLE FAMILY DISTRICTS;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission is interested in preserving the existing character of the single
family districts; and,
WHEREAS, the City Commission has determined that helicopter landing pads or the storage of
helicopter or other aircraft are not acceptable accessory uses in the single family districts; and
WHEREAS,regulations are needed to protect the existing character of the city's residential districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Subsection 6-1, entitled "RS-1, RS-2, RS-3, RS-4 Single Family Residential
Districts" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as
follows:
6-1 RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This district is designed to protect Single Family detached Dwelling. . Those Uses customarily associated
the character of the single family None with Single Family homes.(See
neighborhoods. Section 6-21).
* * *
1
SECTION 2. Subsection 6-21, entitled "Regulation of Accessory Uses" of Zoning Ordinance 89-
2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-21 REGULATION OF ACCESSORY USES
* * *
E. Permitted Accessory Uses in Single Family Districts - those Uses which are
customarily associated with single family houses such as but not limited to decks,
swimming pools, spas, ornamental features, tennis courts. However, in no instance
shall landing or storage areas for a helicopter, or other aircraft, be permitted as an
accessory use. The Planning and Zoning Director may allow other Accessory Uses
if the Director finds after consultation with the Chairman of the Planning Board that
they will not adversely affect neighboring properties, based upon the criteria listed
in Section 17-3,B of this Ordinance. Appeal of the Director's decision is to the Board
of Adjustment pursuant to Section 16 of this Ordinance.
SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections
of this ordinance may be renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are herewith repealed.
SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 31st day of
December , 1994.
PASSED and ADOPTED this 21st day of Decembe, , 1994
MAYOR
ATTEST:
q7,t)Lik_Jk
CITY CLERK
Underline=new language
DJG/JGG S`ri�aut= deleted language
C:\WP\1203.ORD
October 26,1994
1st reading 11/16/94
2nd reading 12/21/942 FORM APPROVED
Legal Dept
By J2 ,
Date // - ZJ--
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. C'.59—9 y
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission DECEMBER 21, 1994
FROM: Roger M. CarttergAi/k----
City Manager
SUBJECT: SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS", AMENDING SUBSECTION 6-1,
ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS" BY REMOVING HELICOPTER PADS
AND LANDING AREAS FROM THE CONDITIONAL USE •
CATEGORY; AMENDING SUBSECTION 6-21, ENTITLED
"REGULATION OF ACCESSORY USES" BY CLARIFYING THAT
LANDING OR STORAGE AREAS FOR HELICOPTERS, OR OTHER
AIRCRAFT ARE NOT PERMITTED AS ACCESSORY USES IN
SINGLE FAMILY DISTRICTS; PROVIDING FOR INCLUSION IN
THE ZONING ORDINANCE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached Ordinance regarding the removal of
helicopter pads and landing areas from the conditional use category
for all single family zoning districts within the City.
BACKGROUND
The City Administration, through the Planning Design and Historic
Preservation Division, is requesting to amend Zoning Ordinance 89-
2665 by removing helicopter pads and landing areas as a Conditional
Use within all single family districts within the City. The
amendment also clarifies that landing or storage areas for
helicopters or other aircraft of any type are not permitted as
accessory uses in single family districts.
PAGE 1 OF 3
AGENDA ITEM
DATE 12-21 -9Y
On September 22, 1994, the City Commission held a public hearing to
consider an appeal of a Planning Board decision which denied a
conditional use request to establish a helicopter landing area
within the rear yard of a single family residence. That appeal
was made pursuant to Subsection 17-4 (G) of Zoning Ordinance No.
89-2665, which allows for the appeal of Conditional Use decisions
made by the Planning Board to the City Commission.
The appellant came before the Miami Beach Planning Board on May 31,
1994 . At this public hearing, the Planning Board, by a vote of
7-0, denied the Conditional Use request. At the City Commission
public hearing on September 22, 1994 , the Commission upheld the
Planning Board's decision to deny the request.
On October 25, 1994, the Planning Board held a public hearing on
the proposed amendment and voted 7-0 to recommend approval of the
amendment removing helicopter pads and landing areas as a
Conditional Use within all single family districts within the City.
The Board also asked that the Administration look for an
appropriate area within the City limits that might accommodate the
landing of private helicopters; optionally to negotiate with the
City of Miami to permit such landings on Watson Island.
On December 7, 1994, the City Commission held a public hearing on
the attached Ordinance and adopted the amendment on first reading.
ANALYSIS
Of particular note in the public hearing before the Planning Board
on May 31, 1994 , was the testimony relating to noise and to the
direction of take-off of the helicopter and its potential impact on
the neighborhood in question.
The Board specifically found, and the City Commission, (at the
September 22 , 1994, public hearing regarding the appeal) ,
concurred:
1. That the neighborhood surrounding the proposed
conditional use consists of single family detached homes;
2 . That the conditional use would intrude upon and be
inconsistent with the residential nature of the
neighborhood;
3 . That the take-off and landing of a helicopter on the
proposed helistop would present a safety hazard to the
surrounding area;
PAGE 2 OF 3
4. That the take-off and landing of a helicopter within 300
yards of adjoining properties would create noise levels
in excess of the allowable threshold, and;
5. That the use of a helistop on the property would have an
adverse impact upon the welfare of the residents in the
neighborhood.
Based on the above public hearings, the City Commission determined
that helicopter landing pads or the storage of helicopters or other
similar aircraft are not acceptable uses within the City's single
family residential districts and that regulations prohibiting said
uses are needed to protect and preserve the existing character of
the City's single family residential areas.
CONCLUSION
Based on the foregoing, the Administration has concluded that the
proposed amendment is necessary to protect the character of the
single family districts and, therefore, that the City Commission
should adopt on second reading this Ordinance to prohibit the use
of helicopter landing pads or the storage of helicopters or other
aircraft of any type within the single family residential districts
of the City.
DJG\MHF\DISK#10\1203CM1.94
PAGE 3 OF 3
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