RESOLUTION 83-17543 RESOLUTION NO: 83-17543
A RESOLUTION OF THE MIAMI BEACH CITY COMMISSION CALLING A
PUBLIC HEARING TO CONSIDER THE RECOMMENDATION OF THE
PLANNING BOARD OF THE CITY OF MIAMI BEACH FOR THE
ADOPTION OF AN ORDINANCE AMENDING ZONING ORDINANCE
NO. 1891 BY PROVIDING FOR THE ESTABLISHMENT OF DUNE
OVERLAY REGULATIONS APPLICABLE TO ALL LANDS BETWEEN THE
ESTABLISHED BULKHEAD LINE AND EROSION CONTROL LINE;
PROVIDING FOR CERTAIN USES AND STRUCTURES IN THE DUNE
OVERLAY ZONE; PROVIDING FOR CERTAIN ALLOWABLE
ENCROACHMENTS IN THE REQUIRED FIFTY FOOT REAR YARD
BULKHEAD SETBACK AREA FOR ALL PROPERTIES HERETOFORE
CONSIDERED TO BE OCEANFRONT WHEN SUCH PROPERTIES HAVE
AN ESTABLISHED BULKHEAD LINE; PROVIDING FOR THE CREATION
OF AN OCEANFRONT MANAGEMENT REVIEW BOARD AND REQUIRING
THAT CERTAIN TYPES OF DEVELOPMENT AND USES BE APPROVED
BY SAID BOARD AND THE WATERWAY DESIGN AND DEVELOPMENT
REVIEW COMMISSION; AND PROVIDNG FOR PARKING REGULATIONS .
WHEREAS, the Planning Board of the City of Miami Beach, after a public
hearing on September 27, 1983, recommended to the City Commission that the Dune
Overlay Regulations be incorporated into the Zoning Ordinance as approved and
recommended by said Board, said Ordinance being entitled as follows:
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 OF
"EROSION CONTROL LINE" AND AMENDING THE DEFINITION FOR
"BEACHFRONT PARK AND PROMENADE", "CABANA", "EROSION
CONTROL LINE", "SIDEWALK CAFE", AND "PROMENADE LINKAGE";
AMENDING SECTION 4-1 DISTRICTS ESTABLISHED TO INCLUDE DUNE
OVERLAY (DO) REGULATIONS; PROVIDING FOR AN AMENDMENT TO
SECTION 4-3 ESTABLISHING THE EROSION CONTROL LINE AS A
DISTRICT BOUNDARY LINE ALONG THE OCEAN; HOWEVER,
ELIMINATING THE INCREASED LAND AREA FROM BEING INCLUDED
IN ANY ZONING CALCULATION, AMENDING SECTION 6-5, SECTION 6-
6, SECTION 6-7, SECTION 6-11, SECTION 6-12, SECTION 6-16 TO
ELIMINATE BEACH COMMERCIAL AND COMMERCIAL AQUARIUM AS
CONDITIONAL USES AND AMENDING ACCESSORY USES IN SAID
DISTRICT WHEN SAME ARE LOCATED BETWEEN THE ESTABLISHED
BULKHEAD LINE AND EROSION CONTROL LINE; PROVIDING FOR THE
ESTABLISHMENT OF A NEW SECTION 29 DUNE OVERLAY
REGULATIONS TO REGULATE USES LOCATED BETWEEN THE
ESTABLISHED BULKHEAD LINE AND THE EROSION CONTROL LINE;
AMENDING SECTION 8-1, B-11 PROVIDING FOR CABANAS AS AN
ALLOWABLE ENCROACHMENT IN THE REQUIRED YARD AND
ALLOWING FOR ACCESSORY STRUCTURES NOT TO BE PART OF A
MAIN BUILDING; AMENDING SECTION 8-6 PROVIDING FOR THE
LOCATION OF CERTAIN BEACH RELATED USES IN THE REQUIRED
REAR YARD; PROVIDING FOR AMENDMENTS TO SECTION 9
REMOVING CERTAIN AREAS FROM PARKING DISTRICTS NO. 1 AND 2
AND PLACING SAME IN A NEW PARKING DISTRICT ENTITLED
PARKING DISTRICT NO. 3; PROVIDING FOR AN AMENDMENT TO
SECTION 9 ESTABLISHING PARKING REQUIREMENTS FOR CABANAS;
PROVIDING FOR AN AMENDMENT TO SECTION 11 CREATING
SUBSECTION 11-2 I ESTABLISHING REGULATIONS FOR SIGNS
ERECTED IN THE DUNE OVERLAY; PROVIDING FOR AN AMENDMENT
TO SECTION 21 CREATING AND DESIGNATING OVERLAY ZONES AND
DISTRICTS ON THE CITY'S OFFICIAL ZONING MAP; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Board held a hearing on September 27, 1983 and
unanimously recommended that the City Commission adopt the zoning amendment;
AND WHEREAS, said action of the Planning Board has been duly transmitted to
the City Commission pursuant to Section 16, Changes and Amendments, of Zoning Ordinance
No. 1891.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the
proposed ordinance as recommended by the Planning Board, is hereby called to be held in the
City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, beginning at 3:30 p.m., on the 21s tday of December , 1983, and that the City
Clerk is hereby authorized and directed to publish appropriate public notice of said public
hearing in a newspaper of general circulation in the City of Miami Beach, at which time all
interested parties will be heard.
PASSED and ADOPTED this 9th day of November , 1983.
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ORIGINAL
RESOLUTION N0. 83-17543
(Calling a Public Hearing to consider the
recommendation of the Planning Board of
the City of Miami Beach for the adoption
of an ordinance amending Zoning Ord No.
1891, by providing for the establishment
of Dune Overlay regulations applicable
to all lands between the established
Bulkhead line and erosion control line
providing for certain uses and structures
in the Dune Overlay Zone; providing for
certain allowable encroachments in the
required fifty foot rear yard bulkhead
setback area for all properties heretof orE
considered to be Oceanfront when such
properties have an established Bulkhead
line; providing for the creation of an
Oceanfront Management Review Board and re-
quiring that certain types of development
and uses be approved by said Board and the
Waterway Design and Development Review
Commission)