Zoning Ordinance 89-2665 (October 1, 1989)ZONING ORDINANCE
89 -2665
CITY OF MIAMI BEACH
EFFECTIVE DATE
October 1, 1989
MAYOR
Alex Daoud
Stanley H. Arkin
COMMISSIONERS
Ben Z. Grenald
Abe Resnick
Sidney Weisburd
William E. Shockett
Bruce Singer
CITY MANAGER
Rob W. Parkins
CITY ATTORNEY
Arnold M. Weiner
PLANNING & ZONING DIRECTOR
Jud Kurlancheek
ZONING ORDINANCE
MIAMI BEACH, FLORIDA
Page
SECTION 1. TITLE 1.1
SECTION 2. DECLARATION OF PURPOSE 2.1
SECTION 3. DEFINITIONS
3-1 General Rules of Construction 3.1
3-2 Terms Def ined 3.1
SECTION 4. ZONING DISTRICTS
4-1 Districts Established 4.1
4-2 District Map 4.1
4-3 Interpretation of District Boundaries 4.2
SECTION 5. GENERAL PROVISIONS
5-1 Compliance with Regulations Required 5.1
5-2 Encroachment; Reduction of Lot Area 5.1
5-3 Accessory Buildings, Prior Construction of 5.2
5-4 Outstanding Building Permits and Projects
which have received Zoning Approval 5.2
5-5 Tractor- Trailer, Trailer, and
Portable Dwelling Units 5.2
5-6 Derelict Motor Vehicles 5.2
5-7 Store Enclosures 5.2
5-8 Division of Lot; Lot-Split 5.2
5-9 Relationship to the Comprehensive Plan 5.3
5-10 Oceanfront Lots, Boundary Lines, Setbacks
and Floor Area Ratios 5.3
SECTION 6. SCHEDULE OF DISTRICT REGULA TIONS
6-1 RS-l, RS-2, RS-3, and RS-4 Single Family Districts 6.1
6-2 RM-I Residential Multi-Family Low Intensity 6.2
6-3 RM-2 Residential Multi-Family, Medium Intensity 6.3
6-4 RM-3 Residential Multi-Family, High Intensity 6.4
6-5 Residential Setback Requirements: RM-I, RM-2, RM-3 6.6
6-6 CD-I Commercial, Low Intensity 6.7
6-7 CD-2 Commercial, Medium Intensity 6.8
6-8 CD-3 Commercial, High In tensi ty 6.9
6-9 Commercial Setback Requirements: CD-I, CD-2, CD-3 6.10
6-10 CCC Convention Center District 6.11
6-11 GC Golf Course District 6.12
6-12 GU Government Use 6.13
6-13 HD Hospi tal District 6.14
6-14 1-1 Industrial, Light 6.20
6-15 MR Marine Recreational 6.21
6-16 MXE Mixed Use Entertainment 6.22
6-17 RO Residential/Office 6.24
6-18 TH Townhome Residential 6.25
6-19 WD-1 Waterway District 6.26
6-20 WD-2 Waterway District 6.27
6.27
6.33
6.35
6.36
6.40
6.48
6.48
6.49
6.50
Accessory Uses
Supplementary Use
Maximum FAR for
Schedule of Design
Supplementary Yar
Corner Visibility
Ocean Fron t Lots
Modification of Height Regulations
Transfer Development Rights (Unused Floor
Regulations
Hotel Developmen t
Bon uses
d Regulations
6-21
6-22
6-23
6-24
6-25
6-26
6-27
6-28
6-29
Area)
7.1
7.1
7.4
7.5
7.5
7.9
7.10
7.12
7.12
7.13
7.13
PARKING REGULATIONS
Parking Districts Established
Off-Street Parking Required
Off-Site Facilities
Interpretation of Off-Street Parking Requirements
Design Standards
Off-Street Loading Space Requirements
Parking Impact Fee Program
Parking Credit System
Surplus and Under-Utilized Parking Spaces
Shared Parking
Valet Parking
7.
7-1
7-2
7-3
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-11
SECTION
8.1
8.1
8.1
8.2
8.2
8.3
LANDSCAPE STANDARDS
Purpose
Scope of Review .
Applicability and Exemptions
Elements of the Landscape Plan
Landscape Plan Submission
Landscape Criteria
8.
8-1
8-2
8-3
8-4
8-5
8-6
SECTION
9.1
9.1
9.3
9.5
9.9
SIGNS
Purpose
General Sign Regulations
Signs and Sign Devices Prohibited
Temporary Signs
Sign Regulations per Zoning District
Signs for: Filling Stations, Shopping Centers
and Artistic or Super Graphics
9.
9-1
9-2
9-3
9-4
9-5
9-6
SECTION
9.13
o.
o.
o.
ADULT CONGREGATE LIVING FACILITIES
Purpose
Mandatory Requirements
Review Criteria
10.
0-1
0-2
0-3
SECTION
GUIDELINES FOR THE PAINTING OF EXTERIOR SURFACES OF
BUILDINGS AND STRUCTURES
II
SECTION
ILl
11.1
11.1
11.2
Purpose
Applicability Exemptions and Prohibitions
Color Selection Procedures and Review Criteria
Appeal
ii
11- 1
11-2
11-3
11-4
SECTION 12. LIQUOR CONTROL REGULATIONS
12-1 General Provisions 12.1
12-2 Permitted Districts and Standards 12.3
12-3 Exemptions 12.4
SECTION 13. NON-CONFORMING STRUCTURES AND USES
13-1 Non-Conforming Structures and Uses 13.1
13-2 Non-Conforming Signs 13.1
13-3 Non-Conforming Use of Buildings 13.1
13-4 Discontinuance of Non-Conforming Uses 13.1
13-5 Destruction or Renovation of Non-Conforming
Buildings and Uses 13.2
13-6 Intermittent or Illegal Uses 13.3
13-7 Existence of a Non-Conforming Building or Use 13.3
13-8 Building Non-Conforming in Height, Density,
Parking, Floor Area Ratio or Bulk 13.4
13-9 Procedure for Retention of Illegally Subdivided Units,
Undersized Units or Illegally Installed Kitchens 13.4
SECTION 14. CHANGES AND AMENDMENTS
14-1 Petition for Changes and Amendments 14.1
14-2 Review by Planning Board 14.2
14-3 Action by City Commission 14.4
14-4 Reconsideration of District Boundary Changes 14.6
14-5 Amendment of Comprehensive Plan 14.6
14-6 Periodic Review 14.6
SECTION IS. DUNE OVERLAY REGULATIONS
15-1 Loca tion 15.1
15-2 Purpose 15. ]
]5-3 Compliance with Regulations 15.]
15-4 Uses and Structures Permitted 15. ]
15-5 Development Regulations 15.2
SECTION 16. BOARD OF ADJUSTMENT
16-1 Membership 16.1
16-2 Conflict of Interest 16.1
]6-3 Notification of Hearings 16.1
]6-4 Meetings and Records 16.1
16-5 Determination of Jurisdiction 16.2
16-6 Procedure 16.2
16-7 Powers and Duties 16.3
16-8 Stay of Work and Proceedings on Appeal 16.6
16-9 Appeal of Board's Decision 16.6
111
17.1
17.2
17.2
17.3
7.7
PLANNING BOARD
Powers and Du ties
Meetings and Procedures
Composition
Conditional Use Procedures
Change of Zoning District and
Amendment to the Ordinance Procedures
17.
17-1
17-2
17-3
17-4
17-5
SECTION
DESIGN REVIEW BOARD
Design Review Board Powers and Duties
Design Review Procedures
8.
8-1
8-2
SECTION
8.1
8.2
HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT
REGULA TIONS
19.
SECTION
19.1
19.1
19.1
19.2
9.4
xemptions
serva tion Board
of Historic Preservation Sites
19-1
19-2
19-3
19-4
19-5
19-6
19.8
19.15
19.15
9-7
9-8
20.1
20.1
20.2
20.4
PS- PERFORMANCE STANDARD DISTRICT
Establishment of District and Divisions
District Purpose and Subdistricts
Use Regulations
Performance Standard Regulations
20.
20-1
20-2
20-3
20-4
SECTION
21.1
21.1
21.2
21.2
.3
.3
.3
.5
.5
.5
2
2
2
2
2
2
ADMINISTRA TION
Enforcement
Viola tions and Penalties
Permits and Plot Plans
Site Plans
Certificates of Occupancy and
Certificates of Use
Interpretation, Purpose and Conflict
Maps
Validity
Repealer
Force and Effect
iv
21
21-1
21-2
21-3
21-4
21-5
21-6
21-7
21-8
21-9
21-10
SECTION
111
17.1
17.2
17.2
17.3
7.7
PLANNING BOARD
Powers and Duties
Meetings and Procedures
Composi tion
Conditional Use Procedures
Change of Zoning District and
Amendment to the Ordinance Procedures
17.
17-1
17-2
17-3
17-4
17-5
SECTION
DESIGN REVIEW BOARD
Design Review Board Powers and Duties
Design Review Procedures
18.
18-1
18-2
SECTION
8.1
8.2
HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT
REGULA TIONS
19.
SECTION
19.1
19.1
19.1
19.2
19.4
19.8
19.15
19.15
Intent
Purpose
Scope and Exemptions
Historic Preserva tion Board
Designation of Historic Preservation Sites
or Districts
Issuance of Certificate of Appropriateness/
Certificate to Dig/Certificate of Appropriateness
for Demolition
Special Provisions
Appeal
19-1
19-2
19-3
19-4
19-5
19-6
19-7
19-8
20.1
20.1
20.2
20.4
PS- PERFORMANCE STANDARD DISTRICT
Establishment of District and Divisions
District Purpose and Subdistricts
Use Regulations
Performance Standard Regulations
20.
20-1
20-2
20-3
20-4
SECTION
21.1
21.1
21.2
21.2
21.3
21.3
21.3
21.5
21.5
21.5
ADMINISTRA TION
Enforcement
Viola tions and Penalties
Permits and Plot Plans
Site Plans
Certificates of Occupancy and
Certificates of Use
Interpretation, Purpose and Conflict
Maps
Validity
Repealer
Force and Effect
iv
21
21-1
21-2
21-3
21-4
21-5
21-6
21-7
21-8
21-9
21-10
SECTION
ZONING ORDINANCE
MIAMI BEACH. FLORIDA
ORDINANCE NO. 89-2665
This Ordinance shall be known and cited as the "Zoning Ordinance of Miami Beach, Florida."
1.1
SECTION 2
DECLARA TION OF PURPOSE
WHEREAS, by the provisions of Chapter 9837, No. 719, Laws of Florida Special Acts,
1923, authority is conferred upon the City of Miami Beach to establish districts or zones
within its corporate limits based on Floor Area Ratio requirements for the purpose of
regulating the Use of land and Buildings, the height of Buildings, the size of open spaces
surrounding Buildings and density of population, and
WHEREAS, the City Commission of the City of Miami Beach deems it necessary in
order to lessen congestion in the Streets; to secure safety from fire, panic, and other dangers;
to promote health and general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewerage, schools, parks and other public requirements;
to make and promulgate such regulations with reasonable consideration, among other things,
of the character of the districts within the City and its peculiar suitability for particular Uses,
and with a view to conserving the value of Buildings and encouraging the most appropriate
use of land throughout said City in accordance with a comprehensive plan:
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Miami
Beach, Florida:
2.1
SECTION 3
DEFINITIONS
3-1 GENERAL RULES OF CONSTRUCTION
A. The following general rules of construction shall apply to the regulations of this
Ordinance:
1. The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
2. Words used in the present tense include the past and future tenses, and
the future the present.
3. The word "shall" is mandatory, the word "may" is permissive.
4. The word "Building" or "Structure" includes any part thereof, and the
word "Building" includes the word "Structure".
5. The word "Lot" includes the word "plot" or "parcel" or "tract" or "Site".
6. The words "used" or "occupied" include the words "intended", "designed"
or "arranged" to be used or occupied.
7. The words "required Yards" or "minimum required Yards" and "minimum
Yards" includes the word "setback".
8. When this Ordinance refers to other ordinances, codes or statutes the
reference shall imply the most up-to-date ordinance, code or statutes, as
amended.
9. Words and terms not defined herein shall be interpreted in accord with
their normal dictionary meaning and customary usage.
3-2 TERMS DEFINED
A. For the purpose of this Ordinance, certain terms and words are hereby defined.
1. ACCESSOR Y BUILDING: A detached subordinate Building or portion
thereof, the Use of which is incidental to and customary in connection
with the main Building or Use and which is located on the same Lot with
such main Building or Use. Where there is no main Building on the Lot,
an Accessory Building shall be considered as a main Building for the
purpose of the height, area, and bulk regulations.
2. ACCESSOR Y USE: A subordinate Use which is incidental to and
customary in connection with the main Building or Use and which is
located on the same Lot with such main Building or Use.
3.1
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 management 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
Services 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.
3.
ADULT CONGREGA TE LIVIN FACILITY UNIT: Any room, or inter-
connected rooms with one main entrance, in an Adult Congregate Living
Facility, containing one or more beds.
4.
REGA TE AREA OR A fREGA TE WIDTH: The sum of two or
more designated areas or widths to be measured, limited, or determined
under these regulations.
5.
AL HOLIC BEVERAGE: As defined by Florida Statute Section 561.0
(4), (1987), as amended.
6.
ALLEY: A public or private thoroughfare which affords only a
secondary means of access to abutting property and which is not
otherwise designated as a Street.
7.
ARTMENT BUILDING: A Building with or without resident
supervision occupied or intended to be occupied by more than two
Families living separately with separate cooking facilities in each unit.
8.
APARTMENT HOTEL: A Building containing both Apartment Units and
Hotel Units, under resident supervision,and having an inner-lobby
through which all tenants must pass to gain access.
9.
AP AR TMENT UNIT: A room, or group of rooms, occupied or intended
to be occupied as separate living quarters by one Family and containing
independent cooking and sleeping facilities. (Term includes
condominium).
10.
to undertake any Development
seeking
APPLICANT: Any person
defined herein.
11
as
yielded or is
or prehistory.
zones, Historic
ARCHEOLOGICAL SITE: A specific location which has
likely to yield information about local history
Archeological Sites may be found within archeological
Sites, or Historic Districts.
12.
ARCHITECTURAL DISTRICT: That area listed on the National Register
of Historic Places, as of May 14, 1979,in accordance with the National
Preservation Act of 1966 as amended and in the Florida Master Site File
under number 8-DA 1048 as the"Miami Beach Architectural District".
13.
of a
walls
the
A WNING: A detachable, rooflike cover, supported from
Building for protection from sun or weather.
3.2
14.
15. BALCONY: A platform that projects from the wall of a Building and
has a parapet or railing, the long side of which is open a bove the
guardrail or parapet. The platform may service one unit or it may be a
continuous platform serving more than one unit with a wall separating
the platform between the units.
16. BAR: Any place devoted to the selling or the dispensing and drinking of
Alcoholic Beverages on the Premises.
17. BEACHFRONT PARK AND PROMENADE PLAN: A revegetation
program including beach recreation Structures which are primarily
constructed of wood, concrete or other hard surface and located on the
Dune, for the purpose of permitting the passage of pedestrians along, over
and across the Dune in such a manner as to protect and stabilize the
Dune, vegetation, and beach.
18. BEER: A brewed beverage containing malt.
19. BLOCK: A segment of the City, usually but not always a square area,
formed by and lying between intersecting Streets or other physical
boundaries, unless otherwise defined by an official plat of property in
the City of Miami Beach. Also, the length of one side of such a square.
20. BUILDING: Any Structure having a roof supported by columns or walls
for the shelter or enclosure of Persons or property.
21. BUILDING CARD: A document maintained by the Building Department
for purposes of recording Building Permi ts and other pertinent
construction data and zoning related actions that affect the property.
This document originates at the time a parcel of land is created and is
kept as a history of the property.
22. BUILDING OFFICIAL: The individual appointed by the City Manager
to administer and enforce the South Florida Building Code in the City
of Miami Beach.
23. BUILDING PERMIT: A permit issued by the designated Building
Official, his designee or authorized agency or department of the City
which allows a Building or Structure to be erected, constructed,
demolished, altered, moved, converted, extended, enlarged, or used, for
any purpose, in conformity with applicable codes and ordinances.
24. BULKHEAD LINE: An official line designated by the City Commission
for properties located along Biscayne Bay, Government Cut or the
Atlantic Ocean, as described in Chapter 15 of the City Code.
25. CABANA: An accessory Structure used as a bathhouse or a shelter
directly associated with a swimming pool or deck.
26. CAFE. BEACHFRONT: A permanent Structure located on the beach
in the Dune Overlay District where food and beverages are served.
27. CAFE. OUTDOOR: A Use characterized by outdoor table service of food
and beverages prepared for service in an adjacent or attached main
Structure for consumption on the Premises.
3.3
AFE IDEW ALK: A Use located on a public right of way which is
associated with a Restaurant where food or beverages are delivered for
consumption on the Premises but not having cooking or refrigeration
equipment. It is characterized by tables and chairs and may be shaded
by Awnings, Canopies or umbrellas.
28.
CANOPY: A detachable, rooflike cover, supported from the ground, or
deck, or floor of a Building, and from the walls of a Building, for
protection from sun or weather.
29.
ARPORT /SHEL TER: A Canopy or rooflike Structure, open on at least
two sides, which may be attached or detached from the main Building,
for the purpose of providing shelter for one or more motor vehicles.
30.
ERTIFICA TE F APPROPRIATENESS: A certificate issued by the
Historic Preserva tion Board indicating tha t new construction, Al tera tion
or demolition of an Historic Structure or an Improvement within an
Historic District is in accordance with Section 19.
31
issued by the proper
proposed Use meet all
a
nces.
32.
RTIFICA TE I DIG: A certificate issued by the Historic
Preservation Board allowing for the excavation or fill 'on a Site
designated as archaeologically significant.
33.
RTIFICATE E UPANCY: A document issued by the Building
Official allowing the occupancy of a Building and certifying that the
Structure has been constructed in compliance with all applicable codes,
regulations and ordinances.
34.
RTIFICA TE F USE: A document issued by the Fire Department,
Code Enforcement Division allowing the Use of a Building and
certifying that the Use is in compliance with all applicable City codes,
regulations and ordinances.
35.
Miami Beach,
the City of
Miami Beach, Florida.
CITY: The City of
36.
37.
CLINIC: A medical Use without overnight facilities where patients are
admitted for examination and treated by a group of physicians or
dentists practicing medicine together. The term does not include a place
for the treatment of animals.
38.
LUB. PRIV ATE: Building and facilities or Premises used or operated
by an organization or association for some common purpose, such as, but
not limited to, a fraternal, social, educational or recreational purpose,
but not including clubs organized primarily for profit or to render a
service which is customarily carried on as a business. Such organizations
and associations shall be incorporated under the Laws of Florida as a
non-profit corporation and their purpose shall not be the serving of
Alcoholic Beverages.
3.4
39.
40. COMMERCIAL USES: Any activity where there is an exchange of goods
or services for monetary gain. Such activities include but are not limited
to, retail sales, offices, eating and drinking establishments, theaters and
similar Uses.
41. COMMERCIAL VESSEL: Every vessel which is used or operated for
profit or fee on the navigable waters of the City; that is either carrying
passengers, carrying freight, towing, or for any other such Use.
42. COMMUNITY REDEVELOPMENT AGENCY: The Redevelopment
Agency of the City of Miami Beach, Florida, a public agency created
pursuant to Fla. Stat. Sec. 163.330 et seq. and Ordinance No. 78-21 15.
43. COMPREHENSIVE PLAN: The document adopted by the City
Commission in accordance with the Local Government Comprehensive
Planning and Land Development Regulation Act of 1986, as amended,
meeting the requirements of Florida Statute Sees. 163.3177 and 163.3178;
principles, guidelines, and standards for the orderly and balanced future
economic, social, physical, environmental, and fiscal development of the
City.
44. CONDITIONAL USE: A Use that would not be appropriate generally or
without restriction throughout a particular zoning district, but would
be appropriate if controlled as to number, area, location, or relation to
the neighborhood.
45. CONDITION AL USE PERMIT: A permit issued by the Planning and
Zoning Director and recorded in the Public Records of Dade County
allowing a specific Conditional Use that was approved for a particular
property pursuant to procedures set forth in Section 17 of this
Ordinance.
46. COURT: An Open Space which mayor may not have direct Street access
and around which is arranged a single Building or a group of related
Buildings.
47. DA Y CARE FACILITY: Any establishment providing care during the
day, but not at night, of children who are not related to the resident
Family.
48. DEMOLITION: The partial, substantial, or complete removal or
destruction of any Structure, Building or Improvement.
49. DESIGN REVIEW: Refers to the process set forth in Section 18 of the
Zoning Ordinance.
50. DEVELOPMENT: The undertaking of any building or construction,
including new construction, rehabilitation, renovation or redevelopment,
the making of any material changes in the Use or appearance of
property or Structures, the subdivision of land, or any other action for
which Development Approval is necessary.
51. DEVELOPMENT AGREEMENT: An agreement entered into by the City
and the Property Owner with respect to a project, by which the
Development, Use, timing, capital Improvements and other elements of
the project may be specified.
3.5
DEVE PMENT APPROVAL: Any zoning, rezoning, Conditional Use,
Variance or subdivision approval, or any other official approval of local
government required for the alteration or Use of land or Improvements.
52.
DEVELOPMENT RIGHTS. TRANSFER (TOR ): The removal of the right
to develop or build, expressed in Floor Area, from land in one zoning
district to land in another zoning district where such transfer is
permi tted.
53.
DININ ROOM. ACCESSORY: A portion of a Building devoted
exclusively to the serving of food and refreshment for consumption on
the Premises by occupants.
54.
DORMITOR Y: An Accessory Use located in a Building which provides
sleeping accommodations for students enrolled in a religious,
educational, or business program who occupy rooms on a contractual
basis generally for a period of time corresponding to the length of the
program.
55.
DRIVE-IN: An establishment or part thereof designed or operated to
serve a patron seated in an automobile parked in an Off-Street Parking
Space.
56.
DUNE: A mound or ridge of loose usually sand-sized sediments, lying
landward of the beach and extending inland to the leeward toe of the
mound or ridge which intercepts the IOO-year storm surge.
57.
WELLINli: A Building or portion thereof, designed or used exclusively
for residential occupancy, but not including trailers, Mobile Homes,
Hotels, boarding and lodging houses, tourist courts, or tourist homes.
58.
DWELLIN MUL TIPLE-F AMIL Y: A Building designed for or occupied
by three or more Families.
59.
DWELLING. SINGLE-F AMIL Y: A Building designed for or occupied
exclusively by one Family.
60.
DWELLING. SINGLE-F AMIL Y DETACHED: A Dwelling designed for
or occupied, exclusively by one Family surrounded by Yards or other
landscape areas on the same Lot.
61
for
A Building designed
62.
or
DWELLING UNIT. PORT ABLE: Any vehicle designed for Use as a
conveyance upon the public Streets and highways and for d welling or
sleeping purposes.
3.6
63.
64. EROSION CONTROL LINE (ECL ): The line determined in accordance
with the provisions of Sections 161.041 - 161.211 of the Florida Statutes
(1987) and amendments thereto, which represents the landward extent of
the claims of the State in its capacity as sovereign titleholder of the
submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico
and the bays, lagoons, and other tidal reaches thereof on the date of the
recording of the survey as authorized in Section 161.181 of the Florida
Statutes (1987).
65. EV ALUA TION GUIDELINES: The standards applicable to Alteration,
renovation, new construction for a Historic Site or Improvement within
a Historic District, which standards will be used as criteria by the
Historic Preservation Board and its staff in making decisions on
applications for Certificates of Appropriateness.
66. EXTERIOR: All external surfaces of any Improvement.
67. FALLOUT SHEL TER: A Structure or portion of a Structure intended to
provide protection to human life during periods of danger from nuclear
fallout, air raids, storms or other emergencies.
68. FAMIL Y: An Individual or two or more Persons related by blood or
marriage, or a group of not more than three Persons (excluding servants)
who need not be related by blood or marriage, living together as a single
housekeeping uni t in a Dwelling.
69. FILLING STATION: Any establishment that sells, distributes or pumps
fuels for motor vehicles.
70. FIRE PREVENTION AND SAFETY CODE: Code adopted pursuan t to
Miami Beach, Fla., Code of the City of Miami Beach Ch. 14, Art. VIII
Sec. 14-73 (1964) as amended.
71. FIXTURE: An article in the nature of personal property which has been
permanently attached or affixed to a Building, Structure or land by
means of cement, plaster, nails, bolts or screws.
72. FLOOR AREA: The sum of the gross horizontal areas of the floors of a
Building or Buildings, measured from the Exterior faces of Exterior
walls or from the Exterior face of an architectural projection, from the
centerline of walls separating two attached Buildings.
However, the Floor Area of a Building shall not include the following
unless otherwise provided for in this Ordinance.
a. Accessory water tanks or cooling towers.
b. Uncovered steps.
c. Attic space, whether or not a floor actually has been laid,
providing structural headroom of less than seven feet, six inches.
d. Terraces, breezeways, or open porches.
e. Floor space used for required accessory Off-Street Parking
Spaces. However if the parking garage is the main permitted Use,
then the Floor Area of the parking levels shall be incl uded in the
calculation of the Floor Area Ratio.
f. Mechanical equipment rooms located above main roof deck.
g. Exterior unenclosed private Balconies.
3.7
Floor Area located below Grade; however, if the ceiling is above
Grade, 1/2 of the Floor Area that is below Grade shall be
included in the FAR Floor Area Ratio calculation.
h.
no in terior
a floor for
there are
there was
Volumetric Buildings, used for storage, where
floors, the Floor Area shall be calcula ted as if
every eight (8) feet of height.
When Transfer of Development Rights are involved, see Section 6-29.C
for additional regulations that address Floor Area.
FL R AREA RA TI The Floor Area of the Building or Buildings on
any Lot divided by the area of the Lot.
73.
101. Covero..ge
50% CoverQge
1001. Covero..ge
.0
ill ustra ted above has a floor area ra tio of
Each example
used for
ARAGE. ACCESSORY: An Accessory Building designed or
parking for the main permitted Structure.
74.
used
ARAGE. COMMERCIAL: A Building or a portion thereof,
primarily for indoor parking of vehicles for compensation.
75.
ARAGE. MECHANICAL: Any Premise where vehicles are mechanically
repaired, rebuilt or constructed for compensation.
76.
GRADE: The City sidewalk elevation at the center line of the property.
If there is no sidewalk, the Public Works Director shall establish the
City sidewalk elevations.
77.
EST /SER V ANT AR TERS: Living quarters within a detached
or semi-detached Accessory Building located on the same Lot with the
main Building for Use by temporary guests or servants of the occupants
of the Premises. Such quarters shall not have separate utility meters,
shall not be rented or otherwise used as a separate Dwelling or have
cooking facilities except as set forth in Section 6-21,E.
3.8
78.
79. HEIGHT OF BUILDING: The vertical distance from the Grade to the
highest point of the roof. The highest point of a roof is as follows:
a. the highest point of a flat roof;
b. the deck line of a mansard roof;
c. the average height between eaves and ridge for gable, hip, and
gambrel roofs; or
d. the average height between high and low points for a shed roof.
80. HISTORIC BUILDING OR STRUCTURE: A Building which meets the
following criteria:
a. The Building was present during a period of historical
significance, and possesses historic integrity reflecting its
character at that time or is capable of yielding important
information about the period; or
b. The Building independently meets the National Register of
Historic Places as defined by the U.S. Department of the Interior
criteria; or
c. The Building is listed in the Historic Data Base (as amended).
A Building is historic even if it has been altered if the alteration is
reversible and the Building's key historic architectural elements are
intact and repairable.
81. HISTORIC PROPERTIES DATA BASE: A list maintained by the City's
Planning and Zoning Department containing the names, addresses and
relevant historic data of those Buildings determined to be of historic
significance. The data base may be updated, amended, and revised by
the Planning and Zoning Director as historic properties are identified.
82. HISTORIC DISTRICT: Two or more Sites, Buildings, Structures,
Landscape Features or other Improvements that are concentrated in the
same area and have been designated as an Historic District pursuant to
Section 19.
83. HISTORIC SITE: An individual Building, Structure or other Improvement
which has been designated an Historic Site pursuant to Section 19.
84. HOSPITAL: An Institution licensed by the State of Florida as a Hospital,
having facilities for in-patients, providing medical or surgical care for
humans requiring such treatment, and which may include related
facilities such as Nursing Homes, Convalescent Homes, home health
agencies, hospice facilities and accessory Hospital facilities as described
in Section 6-14 B.2 of this Ordinance.
85. HOSPITAL ST AFF: Physicians and other medical staff affiliated with,
and having staff privileges at a Hospital who are not Hospital-Based
Physicians.
86. HOSPITAL-BASED PHYSICIAN: A physician who is affiliated with a
Hospital: 1) as an anesthesiologist, radiologist, pa thologist, or emergency
room doctor; or 2) as a full time Hospital employee; or 3) on a full time
basis pursuant to a contract.
3.9
HOTEL: A Building occupied or intended to be occupied by transient
residents, with all residents occupying Hotel Units and where ingress or
egress mayor may not be through a common lobby or office that is
supervised by a Person in charge at all times.
87.
HOTEL UNIT: A room, or group of rooms, with ingress or egress which
mayor may not be through a common lobby, intended for rental to
transients on a day-to-day, week-to-week, or month-to- month basis, not
intended for Use or used as a permanent Dwelling.
88.
is
which
Dwelling purposes
watercraft designed for
motor or both.
H EBOAT:A
propelled by sail,
89.
EBARGE: A vessel or watercraft capable of being utilized as a
residence floating on water, usually permanently moored, which does not
have a system of propulsion.
90.
IMPROVEMENT: Any Building, Structure, fence, gate, wall, walkway,
parking facility, light Fixture, bench, fountain, Sign, work of art,
earthworks or other man- made object constituting a physical betterment
of real property.
91
corporation, firm, partnership, limited
stock association, estate, trust, or business
INDIVIDUAL: Any Person,
partnership, association, joint
entity.
92.
I TITUTION: A Use, Building or organization of a public character
or providing a public or semipublic service.
93.
LANDSCAPE FEATURE: All vegetation, geological features, ground
elevation, bodies of water, or other natural or man-made environmental
feature.
94.
LIOUOR: All distilled or rectified spirits, brandy, whiskey, rum, gin,
cordials or similar distilled Alcoholic Beverages, including all dilutions
and mixtures of one or more of the foregoing.
95.
IVE ABOARD: Any Person who utilizes a vessel as a temporary or
permanent place of abode or habitation. A Person using a vessel for
recreation or entertainment, but not sleeping shall not be deemed a Live
Aboard.
96.
LOADING SPACE: Space logically and conveniently located for bulk
pick-ups and deliveries, scaled to delivery vehicles expected to be used,
and accessible to such vehicles when required Off-Street Parking Spaces
are filled.
o
3
97.
98. LOT: A parcel of land of at least sufficient size to meet minimum zoning
requ.irements for Use, minimum width, and area, and to provide such
Yards and other Open Spaces as are required in the Zoning Ordinance.
Such Lot shall have frontage on a public Street, and may consist of:
a. A single Lot of record;
b. A portion of a Lot of record;
c. A combination of complete Lots of record, and portions of Lots
of record; or of portions of Lots of record;
d. A parcel of land described by metes and bounds.
Provided that, in case of division or combination of property, no residual
Lot or parcel shall be created that does not meet the aforementioned
requirements of the Zoning Ordinance.
99. LOT AREA: The total horizontal area within the Lot Lines of the Lot.
100. LOT. CORNER: A Lot abutting upon two or more Streets at their
inter-section.
101. LOT COVERAGE: The percentage of the total area of a Lot that, when
viewed directly from above, would be covered by all principal and
Accessory Buildings and Structures, or portions thereof; provided,
however, that Exterior unenclosed private Balconies, Awnings and
Porte-Cocheres shall not be included in determining the Building area.
102. LOT DEPTH: The mean horizontal distance between the front and rear
Lot Lines.
103. LOT FRONT: The front of a Lot shall be construed to be the portion
nearest the Street. For Corner Lots, the Lot Front shall be the narrowest
portion abutting the Street unless determined otherwise by the City.
104. LOT FRONTAGE: The distance for which the front Lot Line and the Street
line are coinciden t.
105. LOT. INTERIOR: A Lot, other than a Corner Lot.
106. LOT OF RECORD: A Lot which is part of a subdivision, the map of which
has been recorded in the public records of Dade County, or a Lot described
by metes and bounds, the description of which has been recorded in the
public records of Dade County. (See SITE)
107. LOT. THROUGH (DOUBLE FRONTAGE): Any Lot having frontages on
two parallel or approximately parallel Streets.
108. LOT. KEY: An Interior Lot having its side Lot Lines coincident on one or
both sides with the rear Lot Lines of adjacent Lots.
109. LOT LINE: The boundary line of a Lot.
3.11
110. LOT. OCEAN FRONT: Any Lot having the Erosion Control Line (ECL) as
a property line.
Ill. LOT WIDTH: The horizontal distance between the side Lot Lines measured
at the required Front Yard line and parallel to the front Street line.
S1R[[T
~r~o~
~1~ (front)
.t;>-
Lot
WIdth
Comer Interior
~ = Lot lot
!
Key Lot i T1r0U<j1
~ lot
0:::::::0 Key
~
~ Lot
I-- LDt _
Liwls Inleriar Comer Comer Intm
Lot lot lot Lot
(fRIll) (Front) I (front)
STREET
I
ILLUSTRATIONS OF LOT DEFINITIONS
MANDATOR Y REOUIREMENTS: Requirements or provisions of the
Zoning Ordinance not subject to relaxation or waiver by the Variance
process.
112.
MARINA: A place for docking pleasure boats or Commercial Vessels and
providing services to the occupants thereof, including minor servicing
and minor repair to boats, sale of fuel and supplies, and provision of
lodging, food, beverages, commercial offices, and entertainment as
Accessory Uses.
113.
docking of
MEZZANINE: An intermediate floor in any story or room with Floor
Area not exceeding one-third the total Floor Area in that room or story
in which the mezzanine occurs and with clear height above or below the
mezzanine floor construction not less than seven feet.
3
place for
A
MARINE DOCKAGE: Accessory Use only
Pleasure Boats.
2
114.
115.
116. MIAMI BEACH PROPERTY MAINTENANCE STANDARDS: Refers
to Miami Beach Fla., Code of the City of Miami Beach Chapters 17 A and
17B (1964) as amended.
117. MOBILE HOME: (See DWELLING UNIT, PORTABLE)
118. NEIGHBORHOOD PLAN: The Neighborhood Plan adopted by the City
Commission which establishes design guidelines, planning concepts and
zoning recommendations for a geographical area.
119. NIGHTCLUB: A business operated to supply music or entertainment or
both and which provides beverages and meals prepared on the Premises.
seating for not less than 60 persons at tables, a dance floor at least 300
. square feet in area, and a total Floor Area of at least 2,200 square feet.
120. NONCONFORMING BUILDING OR STRUCTURE: A Building or
Structure or portion thereof which was designed, erected or structurally
Altered prior to the effective date of this Ordinance in such a manner
that characteristics of the Building or Structure, other than its Use, do
not comply with the restrictions of this Ordinance.
121. NONCONFORMING USE: A Use which exists lawfully prior to the
effective date of this Ordinance and is maintained at the time of and
after the effective date of this Ordinance, although it does not conform
to the Use restrictions of this Ordinance.
122. NON-HISTORIC BUILDING OR STRUCTURE: Buildings which do not
meet the Historic Building criteria for a Historic Structure or one whose
alterations are not reversible and whose historic architectural elements
have been substantially destroyed.
123. NURSING HOME: A facility licensed by the Sate as a Nursing Home and
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.
124. OCCUPATIONAL LICENSE: The required license to conduct business
within the City of Miami Beach pursuant to Chapter 20 of the Code of
the City of Miami Beach.
125. OPEN SPACE: That part of a Lot in the Redevelopment Area, including
Courts and Yards which:
a. is open and unobstructed from its lowest level upward, and
b. is accessible to all residents on the Lot without restrictions except
as may be required for safety, and
c. is not occupied by Off-Street Parking, Streets, drives, or other
surfaces for vehicles, except as may be required to provide one
parking space per Apartment Unit on the Lot. Open Space is, in
general, that part of a Lot available for entry and Use by the
occupants of the Building or Buildings on the Premises, but may
include space located and treated to enhance the amenity of the
Development by providing landscaping, screening for the benefit
of the occupants or neighboring areas, or a general appearance of
3.13
openness. Open Space may include water surfaces
not more than 0 percen t of total Open Space.
compr ise
itions
cond
that
to
pursuant
Landscaping, roofs, decks or garages
contained in the district regulations.
d.
PEN SPACE RATIO: Refers to a percentage calculated as the area of
Open Space, including required Yards, at Grade to the gross Lot area of
a parcel.
126.
VERLA Y DISTRICT: Constitutes a set of regulations which are
superimposed upon and supplement, but do not replace, the underlying
zoning district and regulations otherwise applicable to the designated
areas.
127.
the parking
surface level area or Building used for
A
PARKINI LOT:
of motor vehicles.
128.
is
parking
where
LO OMMERCIAL: A Parking Lot
the general pu blic for compensation.
PARKIN
offered to
129.
to be used for
PARKING LOT. TEMPORARY: A Parking Lot designed
a temporary period of time. (See Section 7-6,H)
130.
PARKING SPACE. OFF-STREET: An all-weather surfaced area, not in
a Street or Alley, which affords egress by an all-weather surfaced
driveway for an automobile without requiring another automobile to be
moved.
131
to
equal
is
PEDEST AL: That portion of a Building or Structure which
or less than 50 feet in height above sidewalk elevation.
132.
PERFORMANCE STANDARD USE: Any Development in the PS
Performance Standard District for which a Building Permit or
Development approval is required, and, which Use is permissible as of
right or by Conditional Use in the PS district.
133.
See INDIVIDUAL.
PERSON AL SERVICE: Any 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.
PERSON:
134.
135.
PLANNING AND ZONING DIRECTOR: The Individual appointed by
the City Manager who is the Director of the Planning and Zoning
Department.
136.
PLEASURE CRAFT R PLEASURE BOAT: A vessel not within the
classification of a Commercial Vessel, Housebarge, or Houseboat and
which is designed primarily for the purpose of movement over a body
of water and which is equipped with a means of propulsion, in operating
condition, which is appropriate to the size and type of vessel.
3.14
137.
138. PORTE-COCHERE: An attached or detached roofIike Structure
extending from the entrance of a Building over an adjacent driveway.
139. PREMISES: A Lot, together with all Buildings and Structures thereon.
140. PROMENADE LINKAGE: A Structure which functions as a stairway
or ramp connecting the upland property to the Beachfront Park and
Promenade. Said Structure shall conform to the design specifications
for the Beachfront Park and Promenade and shall be located at points
established by the Planning and Zoning Department. All such Structures
shall conform to the requirements of the State of Florida Department of
Natural Resources, Division of Beaches.
141. PROPERTY OWNER: The Person or Persons having a legal or equitable
interest in real property,including property that is the subject of a
Development Agreement, and includes the property owner's successor in
in terest.
142. REDEVELOPMENT AREA: That portion of the City designated by the
City Commission pursuant to Section 163.330 et seq., Florida Statutes
(1969), and amendments thereto.
143. REDEVELOPMENT PLAN: The South Shore Revitalization Strategy
prepared pursuant to Florida Statutes Section 163.330 et seq. adopted by
the City Commission on February 15, 1984, and constituting the
Redevelopment Plan for the Redevelopment Area as well as the
redevelopment element of the City Comprehensive Plan.
144. RESTAURANT: An establishment where refreshments or meals may be
purchased by the public and where the primary business is the serving
of food to be consumed on or off the Premises.
145. ROOMING HOUSE: A Building other than an Apartment, Apartment
Hotel, Hotel, where, for compensation and by pre-arrangement for
definite periods, lodging, meals, or lodging and meals are provided for
three or more persons but not for more than 20 persons.
146. SAFETY BARRIERS: A screened-in patio, a wooden or wire fence, a
stone or concrete block wall, crime prevention fence or other materials
constructed or used to separate Persons from potential hazards on the
Premises.
147. SELF-SERVICE LA UN DR Y: A business establishment equipped with
customer operated automatic washing machines having a capacity per
unit not exceeding twenty-five (25) pounds of dry clothing.
148. SER VICE STATION: (See FILLING STATION)
149. SHARED PARKING: Parking space that can be used to serve two or
more individual Uses without conflict or encroachment.
150. ~ An identification, description, illustration, or device which is
affixed to or represented directly or indirectly upon land or a Building
or Structure or object and which directs attention to a place, activity,
product, Person, institution, or business.
3.15
IGN AREA: That area within a line including the outer extremities of
all letters, figures, characters, and delineations, or within a line including
the outer extremities of the framework or background of the Sign,
whichever line includes the larger area. The support for the Sign
background, whether it be columns, a pylon, or a Building or part thereof,
shall not be included in the Sign Area. Only one side of a double-faced
Sign shall be included in a computation of Sign Area. The area of a
cylindrical Sign shall be computed by multiplying one-half of the
circumference by the height of the Sign.
151
A WNINli: Any Sign painted, stamped, perforated or stitched on
an Awning, Canopy, roller curtain or umbrella.
152.
IGN NSTR TION: A Temporary Sign which is located at a
construction site and which lists the name of the project, developer,
architect, contractor, subcontractor and sales information.
153.
IGN. DETACHED: A Sign not attached to or painted on a Building but
which is affixed to the ground. A Sign attached to a flat surface such
as a fence or wall not a part of the Building, shall be considered a
Detached Sign.
54.
IGN. DOUBLE-FACED: A Sign with two parallel, or nearly parallel
faces, back to back and located not more than 24 inches from each other.
155.
IGN. EST ABLISHMENT -IDENTIFICATION: A Sign which pertains
only to the Use of 'a Premises and which, depending upon the zoning
district in which it is located, contains any or all of the following
inf orma tion:
156.
management of the Use.
and/or
The name of the owner, occupant,
a.
the principal
Use.
The kind of business and/or the brand name of
commodi ty sold on the Premises.
the
The address of
b.
c.
Other information relative to a service or activity involved in the
conduct of the business, but not including the names of subsidiary
products except where specifically permitted by the provisions of
this Ordinance.
d.
IGN. FLASHING: An illuminated Sign on which the artificial or
reflected light is not maintained stationary and constant in intensity and
color at all times when in use. Any revolving illuminated Sign shall be
considered a Flashing Sign.
157.
IGN. FLAT: Any Sign attached to, and erected parallel to, the face of,
or erected or painted on the outside wall of a Building and supported
throughout its length by such wall or Building and not extending more
than 12 inches from the Building wall.
158.
IGN. GENERAL A OVER TISING: Any Sign which is not an accessory
Sign or which is not specifically limited to a special purpose by these
regula tions.
3.16
159.
160. SIGN. ILLUMINATED: Any Sign designed to give forth artificial light
or designed to reflect light from one or more sources of artificial light
erected for the purpose of providing light for the Sign.
161. SIGN. MAROUEE: Any Sign attached to or hung from a marquee. For
the purpose of this Ordinance,a marquee shall be as defined in the Code
of the City of Miami Beach.
162. SIGN. PROJECTING: A Sign which is attached to and projects more than
12 inches from the face of a wall of a Building. The term 'Projecting
Sign' includes a Marquee Sign. A Projecting Sign which extends more
than 36 inches above a roof line or parapet wall shall be designated as
a roof Sign.
163. SIGN. PYLON: A free standing Sign permanently affixed to the ground
without the need of posts and/or poles, with a maximum overall height
not to exceed 5' from sidewalk elevation.
164. SIGN. ROOF: A Sign which is fastened to and supported by or on the
roof of a Building or which extends over the roof of a Building or a
Projecting Sign which extends more than 36 inches over or above the
ro~f line or parapet wall of a Building. .
165. SITE: A parcel of land considered as a unit, capable of being occupied
by a Use permitted in this Ordinance, possessing a continuous or
unbroken boundary not divided by a public Street, right-of-way, private
Street, or Waterway. Except for properties which are involved in the
Transfer of Development Rights where the site is that property within
a project that has been approved under Section 6-29 of this Ordinance.
166. SITE PLAN: A drawing illustrating a proposed Development and
prepared in accordance with the specifications and requirements as set
forth in Sections 17 and 18.
167. SITE PLAN APPROVAL: Final approval by the properly designated City
agency, department or official pursuant to the procedure set forth in
Section 17 or 18.
168. SOUTH FLORIDA BUILDING CODE: Refers to the South Florida
Building Code adopted pursuant to Miami Beach, Fla., Code of the City
of Miami Beach Chapter 8 Sec. 8-1 (1964), as amended.
169. STOR Y: That portion of a Building, other than a basement or Mezzanine,
included between the surface of any floor and the surface of the floor
next above it; or if there be no floor next above it, then the space
between such floor and the ceiling next above it.
170. STREET: A public thoroughfare which affords the principle means of
access to abutting property.
171. STREET LINE: The right-of-way line of a Street.
172. STRUCTURAL AL TERA TION: Any change, except for repair or
replacement, in the supporting members of a Building or Structure, such
as bearing walls, columns, floor or roof joists, beams or girders.
3.17
TRUCTURE: Anything constructed or erected, the Use of which
requires permanent location on the ground. Among other things,
Structures include Buildings, walls, fences, Signs and screen -enclosures.
173.
BST ANTIAL REHABILITATION: Rehabilitation, the cost of which
exceeds 50% of the replacement value of the Building, Structure or
Improvement, as determined by the Dade County Property Appraiser's
Office, and resulting in a Structure which meets all applicable
requirements of the Miami Beach Property Maintenance Standards, the
South Florida Building Code, and the Fire Prevention and Safety Code.
174.
BTERRANEAN: That portion of a Building or Structure which is
equal to or less than the sidewalk elevation. Where a Subterranean area
abuts a side Lot Line, open and unencumbered access shall be provided
from the front Yard area to the roof or deck of such area by means of
a ramp or stairs.
175.
PPER CLUB: A business establishment operated to supply music or
entertainment and to provide beverages and meals prepared on the
Premises for on-Premises consumption during all hours of operation; and
having table seating for not less than 150 Persons, a dance floor of not
less than 400 square feet, and having an area of not less than 10,000
square feet contained within a free-standing Building wherein no other
activities are conducted.
176.
WIM11ING POOL. COMrvlERCIAL: Any conventional pool, spa type pool,
wading pool, or special purpose pool, constructed and operated pursuant
to the standards and regulations of the State of Florida, Department of
Health and Rehabilitation and serving any type of Structure or group of
Structures of four (4) or more Dwelling units.
177.
portion of a Building or Structure which exceeds 50 feet
TOWNHOME OR TOWNHOME DEVELOPMENT: A grouping of single
Family attached or detached units on one Site with each unit having
separate ingress and egress.
TOWER: That
in height.
178.
179.
(See DWELLING UNIT, PORTABLE)
~ Any purpose for which Buildings or other Structures or land may
be arranged, designed, intended, maintained, or occupied; or any
occupation, business, activity, or operation carried on or intended to be
carried on in a Building or other Structure or on land.
TRAILER:
180.
181
VALUE DETERMINATION: The method set forth in the South Florida
Building Code for determining the estimated cost of new construction or
Substantial Rehabilitation.
182.
V ARIANCE: A Variance is a relaxation of certain regulations contained
in this Ordinance as specified in Section 16-7.A.2.
183
or offers for sale a product.
sells
who
8
Individua
3
VENDOR: An
84.
185. WINE: All beverages made from fresh fruits, berries or grapes, either by
natural fermentation or by natural fermentation with brandy added, in
a manner required by the laws and regulations of the United States, and
includes all sparkling wines, champagnes, combinations of the aforesaid
beverages, vermouths and the like products.
186. WA TERWA Y: Any body of water, including any creek, canal, river, lake,
bay, or ocean, natural or artificial except a swimming pool or ornamental
pool located on a single Lot.
187. YARD: An open area, other than a Court, which is on the same Lot as
a Building and which is unoccupied and unobstructed from the ground
upward, except as otherwise provided in these regulations.
188. Y ARD_ FRONT: A Yard extending the full width of the Lot between
the main Building and the front Lot Line.
189. Y ARD_ REAR: A Yard extending the full width if the Lot between the
main Building and the rear Lot Line.
190. Y ARD_ REOUIRED: The minimum distance allowed between a Lot Line
and a Building or Structure excluding allowable encroachments.
191. Y ARD_ SIDE: A Yard between the Building and the adjacent side of the
Lot, and extending from the Front Yard to the rear Yard thereof.
192. ZONING DISTRICT MAP: The City of Miami Beach Zoning District
Map as amended, dated and signed by the Mayor and City Clerk of the
City of Miami Beach, upon adoption.
193. ZONING ORDINANCE: The City of Miami Beach Zoning Ordinance,
Ordinance No. 89-2665, as amended.
3.19
SECTION 4
ZONING DISTRICTS
4-1 DISTRICTS ESTABLISHED
A. To achieve the purposes of this Ordinance and of Part I, Division 1 I, Article
VI, Related Laws, The Code of the City of Miami Beach, Florida, and regulate
the Use of land, water and Buildings, height and bulk of Buildings and other
Structures, and population density and Open Space, the City is hereby divided
into the following districts: '
SYMBOL
RS-I
RS-2
RS-3
RS-4
RM-I
RM-2
RM-3
CD-I
CD-2
CD-3
CCC
GC
GU
HD
I-I
MR
MXE
RO
TH
WD-I
WD-2
R-PS I
R-PS2
R-PS3
R-PS4
C-PSI
C-PS2
C-PS3
C-PS4
RM- PS I
4-2 DISTRICT MAP
DISTRICT
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Residential Multi-Family, Low Intensity
Residential Multi-Family, Medium Intensity
Residential Multi-Family, High Intensity
Commercial, Low Intensity
Commercial, Medium Intensity
Commercial, High In tensi ty
Convention Center District
Golf Course District
Governmen t Use
Hospital District
Industrial, Light
Marine Recrea tional
Mixed Use Entertainment
Residential/Office
Townhome Residential
Waterway District
Waterway District
Residential Medium-Low Density
Residential Medium Density
Residential Medium-High Density
Residen tial High Densi ty
Commercial Limited Mixed Use
Commercial General Mixed Use
Commercial Intensive Mixed Use
Commercial Intensive Phased Bayside
Residential Mixed-Use Development
A. The locations of these Districts are shown on a map designated as the City of
Miami Beach Zoning District Map, dated and signed by the Mayor and City
Clerk of the City of Miami Beach, upon adoption. This Zoning District Map,
together with all notations, dimensions, references and symbols shown thereon,
pertaining to such districts, is hereby adopted by reference and declared to be
as much a part of this Ordinance as if fully described herein. Such map shall
be available for public inspection in the office of the Planning and Zoning
Department and any later alterations to this map, adopted by amendment as
4.1
itable
filed. and made a va
be similarly da ted
provided in this Ordinance, shall
for public reference.
INTERPRET A TIONQF DISTRICT BOUNDARIES
A district name or symbol shown on the district map indicates that the
regulations pertaining to the district designated by that name or letter-number
combination extend throughout the whole area in the municipality bounded by
the district boundary lines within which such name or symbol is shown or
indicated, except as otherwise provided by this section.
A.
4-3
the various districts
this Ordinance, the
Where uncertainty exists with respect to the boundaries of
as shown on the map accompanying and made a part of
following rules apply:
In cases where a boundary line is given a position within a Street or
Alley, easement, canal, navigable or non-navigable stream, it will be
deemed to be in the center of the right-of-way of the Street, Alley,
easement, canal, or stream, and if the actual location of such Street,
Alley, easement, canal, or stream varies slightly from the location as
shown on the district map, then the actual location controls.
1
the established Bulkhead
The boundary line adjacent to the Atlantic Ocean is the Erosion Control
Line as determined in accordance with Florida Statutes. Structures
loca ted east of the Bulkhead Line and ex tending to the Erosion Con trol
Line shall be considered similar to an Accessory Use to the upland
property and allowed only pursuant to the provisions of Section 15 Dune
Overlay Regulations. In the event there is no Bulkhead, then a line shall
be extended from the adjacent properties' Bulkhead Line. This line shall
be determined to be the Bulkhead Line for the property until one is
constructed.
is
line adjacent to Biscayne Bay
The boundary
Line.
2.
3.
The east boundary line of the Dune Overlay Zone shall be the Erosion
Control Line as established by the appropriate regulatory agencies and
the west boundary line shall be the Bulkhead Line as set forth in
paragraph 3 above. The north and south boundary line shall be the City
limits.
4.
Where the district boundaries are not otherwise indicated and where the
property has been or may hereafter be divided into Blocks and Lots, the
district boundaries will be construed to be the Lot Lines, and where
bounded approximately by Lot Lines, the Lot Lines will be construed to
be the boundary of such districts unless the boundaries are otherwise
indica ted on the map or by ordinance.
5.
If a parcel of property is crossed by a zoning district boundary and thus
lies in two zoning districts, the district boundary shall be treated as if
it were a Lot Line separating the two separately zoned parcels.
6.
The boundary line between the Atlantic Ocean and Biscayne Bay shall
be a constant projected line 152.20 feet south of the extension of the
southerly end of Biscayne Street.
4.2
7.
SECTION 5
GENERAL PROVISIONS
5-1 COMPLIANCE WITH REGULATIONS REOUIRED
Except as hereinafter provided:
A. No land or water area may be used except for a purpose permitted in the district
in which it is located.
B. No land or water area may be used without an approved Certificate of Use.
C. No Building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered, nor shall any Building or part thereof, be used except for
a Use permitted in the district in which the Building is located.
D. No Building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered to exceed the height limit herein established for the district
in which the Building is located.
E. No Building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered except in conformity with the area regulations of the district
in which the Building is located.
F. No Building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered, except in conformity with the Off-Street Parking and
loading regulations of the district in which the Building is located.
G. No Building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered except in conformity with the Floor Area Ratio, minimum
and average unit sizes or Open Space Ratio regulations of the district in which
it is located.
H. No Building shall be erected or moved except in conformity with the established
flood criteria applicable to the Site on which the Building is to be located.
I. A Building containing Hotel Suite Units as specified in Section 6-22.0 of this
Ordinance shall not be converted to Apartment Units unless the minimum and
average Unit size requirements are met.
J. No Building shall be erected, converted, enlarged, reconstructed, moved or
structurally altered without approval of the Planning and Zoning Director and
the Building Official.
K. No Building Permit shall be issued for any Lot or Site that does not meet the
requirements of the definition of Lot as stated in this Ordinance.
5-2 ENCROACHMENT: REDUCTION OF LOT AREA
The minimum Yards, parking space, Open Spaces, including Lot Area per Family
required by these regulations for each and every Building existing at the time of the
passage of these regulations or for any Building hereafter erected, shall not be
encroached upon or considered as Required Yard or Open Space for any other Building,
except as hereinafter provided, nor shall any Lot Area be reduced below the
requirements of these regulations.
5.1
QRY BUILDINGS.. PRIOR CONSTRUCTION AND USE OF
Except as provided in Section 6-21,E of this Ordinance, no Accessory Building shall be
constructed upon a Lot until the construction of the main permitted Use Building has
been actually completed unless construction of the main and Accessory Buildings is
concurrent. No Accessory Building shall be used unless the main Use Building on the
Lot is also being used.
A
5-3
TST ANDING BUILDING PERMITS AND PROJECTS WHICH HA VE RECEIVED
NING APPROV AL
5-4
Any Building or Structure for which a Building Permit has been issued or for which
the Planning and Zoning Director has approved plans for zoning compliance with
Ordinance No. 1891, as amended, may be built or processed to obtain a Building Permit
in accordance with the zoning regulations listed in Zoning Ordinance 1891, as amended.
However, the Building Permit shall be valid for the period of time as specified in the
South Florida Building Code. The plans approved by the Planning and Zoning Director
shall be valid for a period of time not to exceed 60 days from the effective date of
this Ordinance or in those instances where a development requires additional review
or approval from Metropolitan Dade County the plans shall be valid for a period of
time not to exceed 120 days from the effective date of this Ordinance in which time
a Building Permit for the entire Building shall be obtained with due diligence. If a
Building Permit for the entire Building is not applied for within the 60 day period,
then the Development shall conform to the regulations as contained in this Ordinance.
All work not associated with that which was allowed on the Building Permit or on
plans approved by the Planning and Zoning Director shall be in accordance with this
Ordinance.
TRACTOR-TRAILER. TRAILER. PORT ABLE DWELLING UNITS
No tractor-Trailer, truck, semi-Trailer, Trailer or Portable Dwelling Units shall be
permitted on any parcel of land except for purposes of loading and unloading except
when used as a Sales Building as specified in Section 6-21 E of this Ordinance, and as
provided elsewhere in this Ordinance.
5-5
DERELICT MOTOR VEHICLES
No derelict motor vehicles shall be permitted on any parcel of land except as provided
in Section 6-14.A of this Ordinance. A motor vehicle shall be considered derelict when
it is in a wrecked, inoperative or partially dismantled condition, or when it does not
have a current registration and license plate as required by Florida Statute Chapter
320 (1987), as amended.
5-6
TORE ENCLOSURES
In all Use districts designated in this Ordinance, the sale, or exposure for sale or rent,
of any personal property, including merchandise, groceries or perishable foods, such
as vegetables and fruits, is prohibited, unless such sale, or exposure for sale, is made
from a substantially enclosed, permanent Building or Structure; provided, however,that
nothing herein contained shall be deemed applicable to Filling Stations, automobile
service stations or repair shops, Uses having revocable permits or beach concessions
operated or granted by the City, newsracks or newspaper stands, wherever such Uses
are otherwise permissible.
5.2
5-7
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, of transfer of ownership or
Development, without prior review and approval by the Director of the Planning and
Zoning Department. Lots shall be divided in such a manner that all of the resulting
Lots are consistent with the regulations of this Ordinance. All Lot Lines resulting from
the division of a Lot shall be straight lines.
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 Florida Statute Chapter 163 (1987),
as amended, as pertains to comprehensive planning activities. Neighborhood Plans shall
not be considered as part of the Comprehensive Plan unless the City Commission adopts
the Neighborhood Plan as part of the Comprehensive Plan.
5-10 OCEANFRONT LOTS. BOUNDARY LINE. SETBACKS AND FLOOR AREA RATIO
The rear boundary of an Oceanfront Lot shall be the Erosion Control Line. Floor Area
computations shall include all of Lot Area measured to the Erosion Control Line. The
rear setback shall be measured from the Erosion Control Line or 50 feet from the old
Bulkhead Line whichever is greater.
5.3
SECTION 6
SCHEDULE OF DISTRICT REGULATIONS
6-1 RS-I. 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 the character
of the single family
neighborhoods.
Single Family detached
Dwelling.
Helicopter pads and
landing areas, and docks
that project into a
Waterway more than 25
ft.
Those Uses customarily
associated with Single
Family homes. (See Sec-
tion 6-21).
B. Development Regulations
1. Base. FAR
N/A
2. Max. FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg.
with bonus Area Width Size Size Height
(sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet)
N/A RS-l= 30,000 RS-l = 100 1,800 N/A 33
RS-2= 18,000 RS-2 = 75
RS-3= 10,000 RS-3 = 60
RS-4= 6,000 RS-4 = 50
C. S~tback Requirements
1.
Front
2.
Side,
Interior
3. Side,
Facing a Street
4.
Rear
20 feet
The sum of the Side
Yard width shall be at
least 25% of the Lot
Width, but not to
exceed 50 feetj anyone
Side Yard shall have a
minimum of 7.5 feet.
When an existing Build-
ing has a minimum 5 ft.
Side Yard setback, the
setback of new
construction in
connection with the
existing Building may
be allowed to follow the
existing Building line.
The maintenance of the
minimum required Side
Yard setback shall
apply to the linear
extension of a single
Story Building or the
construction of a second
floor addi tion to
existing single Family
Buildings.
15 feet minimum
15% of the Lot Depth,
20 feet minimum, 50
feet maximum.
6.1
RESIDENTIAL MULTI FAMILY. LQW INTENSITY
RM-I
6-2
Purpose and Uses
A.
Accessory U sea
See Section 6-21
4.
onal
Adult Congregate
Living Facility; Day
Care Facility; Nursing
Home; Religious
Institutions; Private and
Public Institutions;
Schools; Commercial or
non-commercialP arking
Lots and Garages.
Condit
Uses
3.
Permitted
Single Family detached
Dwelling; Townhomes;
Apartments. Uses that
serve Alcoholic Bever-
ages as listed in Section
12 (Alcoholic
Beverages).
Main
Uses
2.
District
Purpose
This district is designed
for low intensity, low
rise, single and multiple
Family residences.
1.
greater
sq.ft
Lot Area
than 30,001
Lot Area between
15,001 and 30,000
sq.ft.
Regula tions
Lot Area equal to or
less than 15,000 sq.ft.
Developmen t
B.
ura
t
Architec
District -1.1
otherwise - 1
ura
t
Architec
District -1.1
otherwise - 1
ura
Architec
District - .75
otherwise - 1.0
Base
FAR
.6
Architectura
District -1.6
otherwise - 2.0
.25
1.6
1.25
2. Maximum
FAR with
bon us (See
Sec. 6-24).
Max. Bldg.
Height
(feet)
7.
6. A vg. Unit
Size
(sq. ft.)
5. Min. Unit
Size
(sq.ft.)
Min. Lot
Wid th
(f eet)
4.
Min. Lot
Area
(sq. ft.)
3.
Archi tectura
District - 40
otherwise none
New
Construction
800
New
Construction
550
50
5,600
Reha bili ta ted
Buildings = 550
Rehabilitated
Buildings = 400
See Section 6-5.
6.2
Setback Requirements
C.
6-3 RM-2 RESIDENTIAL MULTI F AMIL Y. MEDIUM INTENSITY.
A. Purpose and Uses
1.
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
This district is designed
for medium intensity
multiple family resi-
dences.
Single Family detached
Dwelling; Townhomes;
Apartments;
Apartment-Hotels;
Hotels. Uses that serve
Alcoholic Beverages as
listed in Section 12
(Alcoholic Beverages).
Adult Congregate
Living Facility; Day
Care Facility; Nursing
Home; Religious
Institutions; Private and
Public Institutions;
Schools; Commercial or
non-commercialP arking
Lots and Garages.
See Section 6-21.
B. Development Regulations
Lot Area equal
to or less than
7,500 sq.ft.
Lot Area
between 7,501
and 15,000
sq.ft.
Lot Area
between 15,001
and 22,500
sq.ft.
Lot Area
between 22,501
and 30,000
sq.ft.
Lot Area
between 30,001
and 37,500
sq.ft.
Lot Area
greater than
37,501 sq.ft.
1. Base FAR
1.25
1.5
1.75
2.0
2.25
2.5
2. Maximum
FAR with
bonus (See
Sec. 24).
1.75
2.0
2.25
2.5
2.75
3.0
3. Min. Lot Area
(sq. ft.)
4. Min. Lot Width
(feet)
5. Min. Unit Size
(sq.ft.)
6. Avg. Unit Size
(sq. ft.)
7. Max. Bldg. Height
(feet)
7,000
50
New
Construction =
550
New
Construction =
800
None
Rehabilitated
Buildings = 400
Rehabilitated
Buildings = 550
Hotel Unit
15%: 300-335
85%: 335+
Hotel Units
N/A
8. The maximum Floor Area Ratio for Hotel Development shall be pursuant
to Section 6-23.
C. Setback Requirements - See Section 6-5.
6.3
FAMILY, HIGH INTENSITY.
RESIDENTIAL MULTI
RM-3
6-4
Purpose and Uses
A.
Accessory Uses
See Section 6-21
4.
tional
Adult Congregate
Living FacilitYj Day
Care FacilitYj Nursing
Homej Religious
Institutionsj Private and
Public Institutionsj
Schoolsj Commercial or
non-commercialP arking
Lots and Garages.
Cond
Uses
3.
Permitted
Single Family detached
Dwellingj Townhomesj
Apartmentsj Apart-
ment-Hotelsj Hotels.
Uses that serve
Alcoholic Beverages as
listed in Section 12
(Alcoholic Beverages)
Main
Uses
2.
District
Purpose
This district is designed
for high intensity multi-
ple Family residences
and Hotels.
1.
Lot Area
greater than
75,000 sq.ft.
Lot Area
between 60,000
and 74,999
sq.ft.
Lot Area
between 45,000
and 59,999
sq.ft.
Lot Area
between 37,500
and 44,999
sq.ft.
Regulations
Lot Area
between 22,500
and 37,499
sq.ft.
Development
Lot Area equal
to or less than
22,499 sq.ft.
B.
4.25
6.00
3.65
3.05
2.45
1.85
1.25
1. Base FAR
5.40
4.80
4.20
3.60
3.00
2. Maximum
FAR with
all bonuses
(See Sec. 6-24)
be pursuant to Section 6-23
Development shall
Hotel
Area Ratio for
The maximum Floor
Methodology
Floor Area Ratio bonuses are achieved in two ways. The first is a bonus
for design based upon criteria listed in Section 6-24. The maximum
increase in the Floor Area Ratio above the base FAR achieved by using
the design bonuses is 0.50.
Area Ratio Bonus
Floor
l)
a.
The second bonus is based on the average Floor Area of all of the
Apartment Units. The below table lists the bonus Floor Area Ratio based
upon the average Apartment Unit size.
2)
A vg. Unit
Floor Area
1600
.25
500
.09
1400
0.94
300
0.78
1200
0.63
1100
0.47
1000
6.4
0.3
900
0.16
800
0.00
FAR
Bonus
b. For purposes of this Section, the area contained in unenclosed Balconies shall
be included in determining the average Floor Area computations of units, but
not in the Floor Area Ratio calculation.
c. Any number falling between the specified ranges shall be calculated by
in terpola tion.
d. The Maximum Floor Area Ratio (FAR) with all bonuses is determined by the
following formula:
Base FAR Design Bon us
(1.25 to 4.25) + (0.0 to 0.50)
based upon Lot Area based on design
criteria
A vg Unit Size Bonus
+ (0.0 to 1.25) =
based on average
uni t size
Maximum Floor
Area Ratio
3. Min. Lot Area
(Iq. ft.)
4. Min. Lot Width
(feet)
5. Min. Unit Size
(Iq.ft.)
6. Avg. Unit Size
(sq. ft.)
7. Max. Bldg.Height
(feet)
7,000
50
New
Construction =
550
New
Construction
800
None
Rehabilitated
Buildings = 400
Hotel Unit
15%: 300-335
85%: 335+
Rehabilitated
Buildings = 550
Hotel Units
N/A
c. Setback Requirements - See Section 6-5.
6.5
RM-l,2,3
RESIDENTIAL SETBACK REQUIREMENTS
6-5
Rear
Non-oceanfront Lots
-5 feet
Oceanfront Lots -
20% of Lot Depth, 50
feet minimum.
4.
Side,
Facing a Street
5', or 5% of Lot
Width, whichever is
greater.
3.
Side,
Interior
5', or 5% of Lot
Width, whichever is
greater (0' if Lot
Width is 50' or less).
2.
Front
20'
1.
A. At Grade
parking Lot
(below Building)
Lots
Non-oceanfront
-0 feet
Oceanfront Lots
20% of Lot Depth,
feet minimum.
5'. or 5% of Lot
Width, whichever is
greater.
5', or 5% of Lot
Width, whichever is
greater. (0' if Lot
Width is 50' or less)
20'
B. Subterranean
-
50
Non-oceanfront Lots
-10% of Lot Depth.
Oceanfront Lots -
20% of Lot Depth, 50'
minimum or 50 feet
from the old Miami
Beach Bulkhead Line
whichever is greater.
or 8% of
whichever
Sum of the Side Yards
shall equal 16% of Lot
Width.
Min.- 7.5'
Lot Width,
is greater.
or 8% of
whichever
Sum of the Side Yards
shall equal 16% of Lot
Width.
Min.- 7.5'
Lot Width,
is greater.
20 feet
Except loti A and 1-30
of the Amended Plat
Indian Beach Corpora-
tion Subdivision and lots
231-237 of the Amended
Plat of Firat Ocean
Front Subdivision - 50
feet.
C. Pedestal
Non-oceanfront Lots
-15% of Lot Depth.
Oceanfront Lots -
25% of Lot Depth, 75'
minimum or 50 feet
from the old Miami
Beach Bulkhead Line
whichever is greater
or 8% of
whichever
Sum of the Side Yards
shall equal 16% of the
Lot Width.
Min.- 7.5'
Lot Width.
is greater.
The required Pedestal
setback plus .10 of the
height of the Tower
not to exceed 50 feet.
20' + I' for every I'
increase in height above
50', to a maximum of
50', then shall remain
constant.
D. Tower
Except lots A and 1-30
of the Amended Plat
Indian Beach Corpora-
tion Subdivision and lots
231-237 of the Amended
Plat of Firat Ocean
Front Subdivision - 50
feet.
For purposes of this Section, on lots over ten (10) acres that are contiguous to
Government Cut and/or the Atlantic Ocean on at least two (2) sides, the front
setback shall be 20 feet; non-oceanfront and interior side setbacks shall be 15
feet and the rear and oceanfront side setbacks shall be 50 feet from the mean
high water line. Permitted Uses within the 50 foot oceanfront side and rear
setbacks are limited to the following: enclosed Structures not utilized for
dwelling purposes, shade Structures, swimming pools, Cabanas, hot tubs, showers,
whirlpools, toilet facilities, swimming pool equipment, decks, patios, and court
games when said games require no fences, and parking Structures; however, said
Parking Structures shall not be visible from the Dune.
E.
In the RM-l, Residential District, the ground floor level of a building when
viewed from a street shall be screened or enclosed. The method of screening or
enclosure shall be approved under the Design Review process.
6.6
F.
6-6 CD-l COMMERCIAL. LOW INTENSITY.
1.
A. Purpose and Uses
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
This is a retail sales,
Personal Services, shop-
ping di.trict, designed
to provide service to
.urrounding residential
neighborhoods.
Commercial U.ea;
Apartment.. Use. that
serve Alcoholic Bever-
age. as listed in Section
12 (Alcoholic
Beverage.) .
1. Base FAR
B. Development Regulations
2. Max. FAR
with bonus
(See Sec. 6-24)
3. Min. Lot
Area
(.q. ft.)
4. Min. Lot
Width
(feet)
Nur.ing Homes;
Religious Institution;
Public and Private
In.titution.; School.;
Day Care Facility; and
any U.e selling gasoline.
See Section 6-21.
5. Min. Apt.
Unit Size
(.q.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max. Bldg.
Height
(feet)
0.5
1.0
40
Cornm. = none
Cornm. = none
Comm. = N/A
Comm. = N/A
Re.. = 5,600
Res. = 50
New
Construction =
550
New
Construction =
800
Rehabilitated Rehabilitated
Building. = 400 Buildings = 550
Hotel Unit
15%: 300-335
85%: 335+
Hotel Units
N/A
C. Setback Requirements - See Section 6-9.
6.7
6-7
Purpose and Uses
A.
Accessory Uses
.t.
Conditional
Uses
Funeral Home; Nursing
Homes; Religious
Institution; Public and
Private Institutions;
Schools; and any Use
selling gasoline.
3.
Permitted
Commercial Uses;
Apartmentsj
Apartment/Hotels. Uses
that serve Alcoholic
Beverages as listed in
Section 12 (Alcoholic
Beverages) .
Main
Uses
2.
District
Purpose
Thil diltrict provides
for commercial activi-
tiel, services, offices and
related activities which
lerve the entire City.
1.
3. Min. Lot 4. Min. Lot 5. Min. Apt.
Area Width Unit Size
(Iq. ft.) (feet) (sq.ft.)
Comm. = none Comm. =
Res. = 7,000 Res. = 50
7. Max. Bldg.
Height
(feet)
6. Avg. Apt.
Unit Size
(sq. ft.)
Regulations
Development
2. Max. FAR
with bonul
(See Sec. 6-24)
B.
Base FAR
1.
New
Construction =
800
New
Conltruction =
550
Rehabilitated
Buildings = 550
Hotel Units
N/A
Rehabilitated
Buildings = 400
Hotel Unit
15%: 300-335
85%: 335+
to
be pursuant
Developmen t sha 11
Hotel
Area Ra tio for
The maximum Floor
Section 6-23.
See Section 6-9.
6.8
Setback Requirements
c.
6-8 CD-3 COMMERCIAL. HIGH INTENSITY.
1.
A. Purpose and Uses
3.
District
Purpose
2. Main Permitted
Uses
Conditional
Uses
4. Accessory Uses
This district is designed
to accommodate a
highly concentrated
business core in which
activities serving the
entire City are located.
Commercial Usesj
Apartmentsj Apart-
ment/Hotels; Hotels.
Oceanfront properties
shall not be permitted
to have retail and/or
office areas unless the
entire Building is re-
habilitated according to
the South Florida
Building Code, the
Miami Beach Property
Maintenance Standards,
and Fire Prevention and
Safety Codes and if it is
a Historic Structure the
U.S. Secretary of the
Interior Standards for
Rehabilitation and
Guidelines for
Rehabilitating Historic
Structures. Offices are
prohibited on the
ground floor on that
portion of Lincoln Road
which is closed to
traffic. Uses that serve
Alcoholic Beverages as
listed in Section 12
(Alcoholic Beverages).
Nursing Homes; religious
Institution; public and
private Institutions;
Schools.
See Section 6-21.
B. Development Regulations
Lot Area equal
to or less than
22,499 sq.ft.
Lot Area
between 22,500
and 37,499
sq.ft.
Lot Area
between 31,500
and 44,999
sq.ft.
Lot Area
between 45,000
and 59,999
sq.ft.
Lot Area
between 60,000
and 14,999
sq.ft.
Lot Area
greater than
15,000 sq.ft.
1. Base FAR 1.25
3.00
6.00
2. Maximum 2.25
FAR with
bonuses (See
Sec. 6-23)
a. However, the Floor Area Ratio range for residential development in the
Architectural District shall be 1.25 to 3.0. The Floor Area Ratio bonus shall be
based on the average room size and design bonus as set forth in Section 6-4,B.2.a
and 6-24,A.
2.00
2.15
3.50
4.25
5.00
3.15
4.50
5.25
b. The maximum Floor Area Ratio range for Hotel Development including hotels
east of Collins A venue in the Architectural District shall be pursuant to Section
6-23.
6.9
Max. Bldg.
Height
(feet)
7.
Avg. Unit
Size
(sq. ft.)
6.
Min. Unit
Size
(sq.ft.)
5.
Min. Lot
Width
(feet)
4.
Min. Lot
Area
(sq. ft.)
3.
ArchiteduralDistrict
west of Collins
Avenue and east of
Park Avenue
between 20th Street
and 24th Street - 50.
Otherwise, none.
Comm. = N/A
New
Construction =
800
Comm. = N/A
New
Construction =
550
Comm. = none
50
=
Res.
Comm. = none
= 7,000
Res.
areas
All other
none.
Rehabilitated
Buildings = 550
Hotel Units
N/A
Rehab itated
Buildings = 400
Hotel Unit
15%: 300-335
85%: 335+
2.3
ETBACK REQUIREMENTS CD-I
6-9
Rear
4.
Side,
Facing a Street
3.
Side,
Interior
2.
Front
1.
o feet
5 feet
10 feet when abut-
ting a residential
district unless
separated by a
Waterway in which
case it shall be 0 feet.
o feet
10' when abutting a
residential district,
unless separated by a
Street or Waterway
otherwise none.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
o feet
10' when abutting a
residential district,
otherwise none.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
o feet
o feet.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
A. Subterranean
B. Pedestal and
Tower (non-
oceanfront)
25% of Lot Depth,
75' minimum or 50
feet from the old
Miami Beach
Bulkhead Line
whichever is greater.
Commercial Uses
10 feet.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
Commercial Uses
10 feet.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
Pedestal - 15 feet
Tower - 20 feet + l'
for every l' increase
in height above 50',
to a maximum of 50',
then shall remain
constant.
C. Pedestal and
Tower (oceanfron t)
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
setback.
If located on the same Lot as the main Structure the
above setbacks shall apply. If primary Use the
setbacks are listed in Section 6-25,B.14.
the Pedestal
than
less
be
not
Parking Lots and Garages-
The Tower setback shall
D.
E.
Area Ratio
Setbacks - When more than 25% of the total area of a Building is used for
residential or Hotel Units, any floor containing such units shall follow
the RM-I,2,3 setback regulations.
Calculation of Setbacks and Floor
Mixed Use Buildings:
1.
F.
FAR - When more than 25% of the total area of a Building is used for
residential or Hotel Units, the FAR range shall follow the Floor Area
Ra tios as follows: in the CD-l District, the FAR as set forth in the RM-
1 District; in the CD-2 District, the FAR as set forth in the RM-2 District;
in the CD-3 District, the FAR as set forth in the RM-3 District.
6.10
2.
6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT.
A. Purpose and Uses
1.
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
This district accom-
modates the facilities
necessary to support the
Convention Center.
Parking Lots. garages,
performing arts and
cultural facilities. Hotel;
merchandise mart;
Commercial or office
Developmentj landscape
Open Space; parks. Any
Use not listed above
shall only be approved
alter the City
Commission holds a
public hearing. See Sec
6-10.D for public notice
requirements.
None
Any Use that is custom-
arily aasociated with a
convention center or
governmental Buildings
and Uses.
B. Development Regulations
Lot Area. equal
to or less than
22.499 sq.Ct.
Lot Area
between 22.500
and 37.499
sq.ft.
Lot Area
between 37,500
and 44.999
sq.ft.
Lot Area
between 45,000
and 59,999
sq.Ct.
Lot Area
between 60,000
and 74.999
sq.ft.
Lot Area
greater than
75,000 sq.Ct.
1. Baae FAR 1.25 2.00 2.75 3.50 4.25 5.00
2. Maximum 2.25 3.00 3.75 4.50 5.25 6.00
FAR with
bonuses (See
Sect 6-24)
The maximum Floor Area Ratio for Hotel Development shall be pursuant to
Section 6-23.
s. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg.
Area Width Size Size Height
(sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet)
N/A N/A N/A N/A N/A
C. Setback Requirements
The Development regulations (setbacks, Floor Area Ratio, Signs, parking, etc.)
shall be the average of the requirements contained in the surrounding zoning
districts as determined by the Planning and Zoning Director. Setback
regulations for Parking Lots and Garages when they are the main permitted Use
are listed in Section 6-25,B.14.
D. When a public hearing is required before the City Commission, the public notice
shall be advertised in a newspaper of general paid circulation in the community.
Thirty (30) days prior to the public hearing date, a description of the request,
the time and place of such hearing shall be posted on the property, notice shall
also be given by mail to the owners of land lying within 375 feet of the property
and the advertisement shall be placed in the newspaper. A five-sevenths vote
of the City Commission is required to approve a Use that is considered under
this subsection.
6.11
6-11
Purpose a nd Uses
A.
Accessory Uses
..
Condition a
Uses
None
3.
Permitted
Golf Course and those
Uses normally
associated with a golf
course.
Main
Uses
2.
District
Purpose
This di.trict i. designed
to accommodate golf
course. on private pro-
perty.
1.
7. Max. Bldg.
Height
(feet)
6. Avg. Unit
Size
(sq. ft.)
Min. Unit
Size
(.q.ft.)
5.
Min. Lot
Width
(feet)
..
Regulations
Min. Lot
Area
(sq. ft.)
3.
Developmen t
2. Max. FAR
with bonus
B.
Base FAR
1.
70 feet.
to Structures only and do
Setback Requirements
Any Yard adjacent to a public right of way
All other Yards - 50 feet.
The above setback regulations are applicable
not apply to the grounds of the golf course.
6.12
1.
2.
3.
c.
6-12 GU GOVERNMENT USE DISTRICT.
1.
A. Purpose and Uses
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
Any. land owned by the
City or other govern-
mental agency shall
automatically convert to
a GU, Government Use
District.
Government Buildings
and Uses, including
Parking Lota and
garages, schools,
performing arts and
cultural facilities,
monuments and
memorials. See City
Commission Resolution
No. 86-18491 pertaining
to properties considered
for the sale and/or leue
which are owned by the
City and Ordinance No.
89-2661 pertaining to
Development Agree-
ments. Any Use not
listed above shall only
be approved after the
City Commission holds
a public hearing. See
Sec 6-12,B,S for public
notice requirements.
Private or joint City
and private Uses,
including air-rights.
See Section6-21,C.
B. Development Regulations
1. The Development regulations (setbacks, Floor Area Ratio, Signs, parking,
etc.) shall be the average of the requirements contained in the
surrounding zoning districts as determined by the Planning and Zoning
Director.
2. Upon the sale of public property, the zoning district classifica tion shall
be determined by the Planning and Zoning Director whose decision shall
be based upon the adjacent districts. The new zoning district
classification shall be effective upon the recordation of the property on
the public records.
3. Setback regulations for Parking Lots and garages when they are the main
permitted Use are listed in Section 6-25,B.14.
4. Following a public hearing, the Development regulations and any Design
Review process otherwise required by this Ordinance may be waived
by a five-sevenths (5/7) vote of the City Commission for Developments
pertaining to Municipal Buildings, Uses and Sites which are wholly used
by, open and accessible to the general public. In all other cases involving
the lease and/or air rights Use of municipal property by the private
sector, architectural plans shall conform to the above regulations in
addition to the applicable sections contained in the Zoning Ordinance
and shall be reviewed under the Conditional Use process set forth in
Section 17-3.
5. When a public hearing is required before the City Commission, the public
notice shall be advertised in a newspaper of general paid circulation in
the community. Thirty (30) days prior to the public hearing date, a
6.13
description of the request, the time and place of such hearing shall be
posted on the property, notice shall also be given by mail to the owners
of land lying within 375 feet of the property and the advertisement shall
be placed in the newspaper. A five-sevenths vote of the City Commission
is required to approve a Use that is considered under this regulation.
PIT AL DISTRICT.
HDH
6-13
Hospital facilities.
Uses Permitted. No land, water or Structure may be used, in whole or in part,
except for one or more of the following permitted Uses. Permitted Uses that sell,
serve or otherwise distribute Alcoholic Beverages in this district shall comply with
the standards and regulations found in Section 12.
to accommodate
designed
district is
This
Purpose.
District
A.
B.
Hospital
1.
consisting of:
facilities,
Accessory Hospital
2.
Laundry
a.
Centralized Services
b.
Research and Diagnostic Facilities
Educational
c.
Facilities
Recreational
d.
Daycare Facilities
e.
and
Clinics
Hospital-based
incl uding
Worship
Out-patient care facilities
ambulatory surgical centers
Place of
f.
g.
Offices for:
medical students, fellows, and residents; administrative employees;
nurses; laboratory personnel; Hospital-Based Physicians; and,
1)
h.
physicians and Hospital employees who perform Hospital functions
and do not provide private patient care. These include department
heads and medical staff responsible for Hospital employee health
care. The offices described in Section 6-13,B.2h shall not be
included in the computation which determines the maximum amount
of Hospital Staff office space allowed under this Ordinance.
2)
Staff and their employees,which may include
excluding those identified in Section 6-13 B.2h
Offices for Hospital
examina tion rooms,
provided tha t
The maximum permitted amount of Hospital Staff office space,
without bonus, shall not exceed fifteen percent (15%) of the
Hospital's gross Floor Area, excluding parking Structures and other
Hospital Staff office space.
6.14
1)
2) The maximum permitted amount of Hospital Staff officespace, with
bonuses as set forth below, shall not exceed twenty-five percent
(25%) of the Hospital's gross Floor Area, excluding parking
Structures and other Hospital Staff office space.
a) There shall be a bonus for the provision of charity and indigent
care by the Hospital. For each two percent (2%) of charity and,
Medicaid care in-patient days as a percentage of total acute
care days less Medicare days provided by the Hospital and
reported to the State of Florida Department of Revenue by
the Health Care Cost Containment Board for the year preceding
the date of application for a Building Permit for Hospital Staff
offices, there shall be a bonus of one percent (I %) in Hospital
Staff office space. The maximum bonus under this provision
shall not exceed three percent (3%) of the Hospital's gross Floor
Area, excluding parking Structures and other Hospital Staff
office space.
b) There shall be a bonus of one square foot of Hospital Staff
office space for each twenty-five hundredths (0.25) gross square
feet of affordable housing in the City of Miami Beach which
is constructed, rehabilitated, or operated by: 1) the office space
developer; 2) the Hospital; and/or 3) a Hospital affiliated
entity. Affordable housing shall be defined as sales housing
with a retail sales price not in excess of ninety (90) percent of
monthly median Dade County new housing sales price, or rental
housing rates (project average) not in excess of thirty (30)
percent of the gross median Dade County monthly income. The
maximum bonus under this provision shall not exceed two
percent (2%) of the Hospital's gross Floor Area, excluding
parking Structures and other Hospital Staff office space.
c) There shall be a bonus of Hospital Staff office space for the
operation of an on-campus Hospital teaching program,
accredited by nationally recognized professional accreditation
boards. The ratio shall be one hundred (100) square feet of
office space for each student, fellow, and resident enrolled in
said program on an average monthly basis during the three
years preceding the application for a Building Permit for
Hospital Staff offices. The maximum bonus under this
provision shall not exceed two percent (2%) of the Hospital's
gross Floor Area, excluding parking Structures and other
Hospital Staff office space.
d) There shall be a bonus of one square foot of Hospital Staff
office space for every four dollars ($4.00) contributed to the
City of Miami Beach Commercial Revitalization Fund, the
terms and requirements of which shall be established by
resolution of the Miami Beach City Commission. The maximum
bonus under this provision shall not exceed one percent (I %)
of the Hospital's gross Floor Area, excluding parking Structures
and other Hospital Staff office space.
e) There shall be a bonus of Hospital Staff office space for the
developer and/or Hospital sponsored operation of Day Care
Facilities in the City of Miami Beach. The ratio shall be one
6.15
hundred (100) square feet of office space per each child, which
the Day Care Facility is licensed to admit. The maximum
bonus under this provision shall not exceed one percent (1 %)
of the Hospital's gross Floor Area, excluding parking Structures
and other Hospital Staff office space.
There shall be a bonus of Hospital Staff office space for the
operation of an emergency room on the Hospital campus which
is open to the public twenty-four (24) hours a day, seven (7)
days a week, as regulated by the State of Florida. The bonus
under this provision shall be three percent (3%) of the
Hospital's gross Floor Area, excluding parking Structures and
other Hospital Staff office space.
f)
There shall be a bonus for encouraging new physicians and
other medical professionals to relocate their offices to Miami
Beach. New physicians and medical professionals are those
individuals who do not have existing offices and occupational
licenses in the City of Miami Beach one year prior to the
issuance of a Building Permit for Hospital Staff office space.
In order to receive this bonus, the Hospital shall execute a
written agreement with the Planning and Zoning Department
prior to the issuance of a Building Permit for the construction
of Hospital Staff offices, which sets forth the amount of space
that will be available for new physicians and medical staff.
For each twenty-five percent (25%) of the proposed office space
which the Hospital agrees to lease to new physicians and
medical professionals on the medical staff of the Hospital,
there shall be a bonus of one percent (1 %) of the Hospital's
gross Floor Area, excluding parking Structures and other
Hospital Staff office space.The maximum bonus under this
provision shall not exceed three percent (3%) of the Hospital's
gross Floor Area, excluding parking Structures and other
Hospital Staff office space.
g)
The Design Review Board may grant a bonus of additional
Hospital Staff office space for exceptional achievement in
urban design of space which is visible from a public Street or
causeway and which may be located either on or off the
Hospital campus or on public property. The amenities listed
below are more fully defined in Section 6-24 of the Zoning
Ordinance. For each Design Review Board approved amenity,
there shall be a bonus range permitting increased Hospital Staff
office space as a percentage of the Hospital gross Floor Area,
excluding parking Structures and other Hospital Staff office
space, as shown below
h)
.35%
.15%
.15%
.25%
.10%
.10%
.15%
.25%
.50%
to
to
to
to
to
to
to
to
to
.10%
.05%
.05%
.10%
.05%
.05%
.05%
.10%
.20%
Planting/landscaping
Paving/grading
Water features
Signs/graphics
Street furni ture
Lighting
Arcades
Site Plan
Building
6.16
ning
Design
Total Bonus
.75% to 2.00%
The maximum bonus under this provision shall not exceed two
percent (2%) of the Hospi tal's gross Floor Area, excluding
parking Structures and other Hospital Staff office space.
3) All Hospital Staff office space, including other space, renovated
space, or new construction, shall be identified in the Hospital's
Master Development Plan, as required in Section 6-13,D.
4) No Building Permit shall be issued for Hospital Staff office space
under the bonus provisions of Section 6-13.2 unless the Applicant
has submitted evidence of compliance with these provisions.
Evidence of compliance shall consist of 1) a check to the City of
Miami Beach in the amount required for contribution to the
commercial revitalization fund; 2) issuance of Certificate of
Occupancy for the affordable housing or licensed daycare facility
or other appropriate evidence; 3) reports of the Health Care Cost
Containment Board showing Hospital's contribution to indigent,
charity care; or 4) evidence of a teaching program and/or emergency
room; or 5) evidence that medical staff did not have Miami Beach
Occupational Licenses or offices earlier than one year prior to the
issuance of a Building Permit for Hospital Staff offices; or 6)
Design Review Board approval of design amenities.
5) Hospitals with a valid Building Permit pursuant to plans and
applications for the construction of staff office space at the
effective date of this Ordinance shall be permitted to retain and
occupy such space. This Hospital Staff office space shall be
considered as an Accessory Use, and parking shall be provided at
the rate of one space per four hundred square feet of Hospital Staff
office space. This Hospital Staff office space shall be included in
the computation which determines the maximum amount of Hospi tal
Staff office space allowed under this Ordinance. This permitted
space shall be exempt from the provisions of Section 18-2,B.l.j of
this Ordinance. Prior to the issuance of an Occupa tional License,
floor plans and other supporting documentation shall be submitted
to the Planning and Zoning Department indicating the dimensions
and location of each Hospital Staff office. All Hospital Staff with
existing offices in the HD Hospital District shall obtain City
Occupational Licenses within 90 days of the effective date of this
Ordinance.
6). Hospitals with existing Hospital office space which is occupied by
Hospital Staff at the effective date of this Ordinance but which
have not received valid Building Permits for "staff offices" for said
space shall be permitted to retain such space based upon the
application of provisions listed in Section 6-13 B.2.i.(I and 2). This
office space shall be included in the computation which determines
the maximum amount of Hospital Staff office space allowed under
this Ordinance. This Hospital Staff office space shall be considered
as an Accessory Use, and the required parking as set forth in Section
7 shall be provided. This space shall be exempt from the provisions
of Section 18-2,B.1.j of this Ordinance. Wi thin six ty (60) days of the
effective date of this Ordinance, each Hospital shall submit to the
Planning and Zoning Department a floor plan and supporting
6.17
documentation indicating the dimensions and location of each
Hospital Staff office. All Hospital Staff with offices in the HD
Hospital District shall obtain City Occupational Licenses within 90
days of the effective date of this ordinance.
Parking Structures and Lots.
incidental to and customarily associated with
Related facilities which are
a Hospital.
j.
k.
service facilities:
Service facilities shall be restricted to cafeteria or Restaurant,
florist shop, gift shop, automatic teller machine, credit union,
pharmacy, newspaper and magazine stand.
Commercial
1)
1.
Use by
of the
Services shall be permitted and available exclusively for
medical staff, Hospital personnel, patients and visitors
Hospi tal.
2)
be
shall
Signs)
wall
(incl uding
Signs
Ou tside advertising or
prohi bi ted.
3)
Commercial service facilities shall not exceed three percent (3%) of
the Hospital Floor Area within a Hospital, excluding parking
Structures and Hospital Staff office space, nor shall they exceed
seven percent (7%) of the office Floor Area within an office
Building.
4)
the main Use and
to
All accessory Structures and parking facilities shall be subordinate
incidental to and customarily associated with a Hospital.
Minimum Yards.
C.
Side
15'
15'
15'
15'
Rear
40'
40'
20'
20'
Front
25'
25'
20'
20'
Hospi tal
St. Francis
Mt. Sinai
Sou th Shore
Heart Institute
1.
2.
3.
4.
of new
to Ci ty
The enlargement of existing HD Hospital Districts and the establishment
HD Hospital Districts with their respective Yard setbacks shall be subject
Commission approval.
6.18
5.
D. Master Plan for Hospital Development
By January I, 1990, each Hospital within the HD Hospital District shall prepare and
submit to the Planning and Zoning Department a Master Plan for Hospital Development
for the years 1993 and 2000. The Hospitals shall have the right to amend their Master
Plans on a quarterly basis by submitting amendments to the Planning and Zoning
Departmen t.
The Master Plan shall contain, at a minimum, the following:
1. Inventory of existing facilities and services
2. Projected expansion plans for new construction and/or Substantial Rehabilitation
of existing facilities indicating the type, size and location of each facility.
3. Proposed Site Plans showing the physical location of the items in Section D.2
above.
4. Goals, objectives, and policies.
5. Consistency with the City's Comprehensive Plan.
6. Data and information pertaining to new construction or Substantial Rehabilitation
to be submitted to the Planning and Zoning Department for the purpose of
determining whether said work is within the level of services as set forth in the
Comprehensi ve Plan.
7. A traffic impact study that would substantiate that the resulting impact from
any proposed new Development of the Hospital would not cause the level of
service on the neighboring Streets to fall below the standards contained in the
City's Comprehensive Plan.
8. An air quality study that would substantiate that the resulting impact of any
proposed new Development in the Hospital would not cause the ambient air quality
of the neighborhood surrounding the Hospitals to exceed the standards established
by the Dade County Department of Environmental Resources Management.
9. The Master Plan shall be updated every five years and considered as supporting
documentation in the City's Comprehensive Plan, as amended; however, it shall
not be a component of the Comprehensive Plan.
10. No Building Permit for any new construction or Substantial Rehabilitation shall
be issued after January I, 1990, unless it is consistent with the Hospital's Master
Plan.
6.19
LIGHT INDUSTRIAL DISTRICT.
I-I
6-14
Purpose and Uses
A.
Accessory Uses
Those Uses customarily
associated with the
District Purpose. (See
Section 6- 21).
4.
ona
Any Use which includes
the retail sale of
gasoline.
Cond
Uses
3.
Permitted
are
the
Main
Uses
Those Uses that
consistent with
district purpose.
2.
District
Purpose
This is a utilitarian
district characterized by
sales, storage, process-
ing, wholesaling, motor
vehicles repairs and
towing services. This
district shall not include
any residential Uses.
1.
7. Max. Bldg.
Height
(feet)
6. Avg. Unit
Size
(sq. ft.)
Min. Unit
Size
(sq.ft.)
5.
Min. Lot
Width
(feet)
4.
Regula tions
Min. Lot
Area
(sq. ft.)
Development
3.
Max. FAR
with bonus
2.
B.
Base FAR
1.
None
N/A
N/A
None
None
N/A
1.0
Setback Requirements
c.
Rear
abutting a
dis tric t,
4.
10 feet when
residential
otherwise none.
Side,
Facing a Street
10 feet
3.
6.20
Side,
Interior
10 feet when abutting a
residential district,
otherwise none.
2.
Front
20 feet when abutting a
residential district,
otherwise none.
1.
6-15 MR MARINE RECREATION DISTRICT.
A. Purpose and Uses
1.
District
Purpose
2. Main Permitted
Uses
3.
Condi tional
Uses
4. Accessory Uses
This is a waterfront
district designed to
accommodate recrea-
tional boating activities
and services.
Marina; Boat Docks;
Piers; etc. for non-
commercial or Com-
mercial Vessels and
related upland
Structures; Aquarium,
Restaurants,
Commercial Uses.
None
See Section 6-21. Any
Use that is customarily
associated with a main
permitted Use.
B. Developmen t Regula tions
1. Baae FAR 2. Max. FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg.
with bonus Area Width Size Size Height
(See Section 6- (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet)
24)
0.25 0.75 N/A N/A N/A N/A 40
c. Setback Requirements
Any Yard facing a waterway, Government Cut, ocean or bay shall be setback
50 feet, all other Yards 20 feet; however, walkways are permitted in the setback
area.
6.21
MXE MIXED_USE ENTERTAINMENT DISTRICT.
6-16
Purpose and Uses
A.
Accessory Uses
See Section 6-21.
4.
onal
Cond
Uses
None
3.
Permitted
Apartments; Apart-
ment-Hotels; Hotels;
Commercial Develop-
ment as specified in
Section 6-16,C. Uses
that serve Alcoholic
Beverages as listed in
Section 12 (Alcoholic
Beverages).
Main
Uses
2.
District
Purpose
These regulations are
designed to encourage
the substantial restora-
tion of existing Struc-
tures and allow for new
construction.
1.
7. Max. Bldg.
Height
(feet)
6. Avg. Unit
Size
(sq. ft.)
Min. Unit
Size
(sq.ft.)
5.
Min. Lot
Width
(feet)
4.
Regulations
Min. Lot
Area
(sq. ft.)
Development
3.
2. Max. FAR
with bonus
B.
1. Base FAR
without bonus
Architectural
District
Oceanfront- 150
N on-oceanfront-
50. However,
lots west of
James Avenue
and Park
Avenue shall
not have a
maximum
height limit;
All other areas
none.
Existing
Structures:
Apartmen
Units -550
Hotel Units
N/A
New
construction:
Apartmen
Units -800
Hotel Units
N/A
Exis ng
Structures:
Apartment
Units -400
Hotel Units - in
a Local Historic
District 200,
otherwise
15%: 300-335
85%: 335+
New
construction:
Apartmen
Units -550
Hotel Units
15%: 300 - 335
85%: 335+
N/A
N/A
uses - 3.0
Except Hotel
Development in
a locally desig-
nated Historic
District = 3.5;
all other Hotel
Development
shall be
pursuant to
Section 6-23.
Al
All uses - 1.5
Permitted Uses in Buildings with two (2) stories or less fronting on Ocean Drive
or Ocean Terrace and any Building fronting on Collins A venue from 6th to 16th
Street shall comply with the following.
c.
The entire Building shall be substantially renqvated and comply with
the South Florida Building Code, Fire Prevention Safety Code and the
Property Maintenance Standards. If the Building is a Historic Structure,
the plans shall substantially comply with the Secretary of the Interior
Standards and Guidelines for Rehabilitating Historic Structures, U.S.
Department of the Interior (Revised 1983) and as amended.
offices are
Uses or any
Such Buildings may contain offices (medical and dental
prohibited), retail, eating or drinking Uses and residential
combination thereof.
2.
Required parking may be satisfied through participation in the Parking
Impact Fee Program as set forth in Section 7-7 where applicable under
the regulations contained therein.
6.22
3
1.
Front
D. Setback Requirements
2.
Side,
Interior
3.
Side,
Facing a Street
4.
Rear
Oceanfront:
50 Ct.j however sculptures,
fountains or architectural
features when approved by
the Design Review Board
are permitted in the re-
quired Front Yard.
Non-oceanfront:
Zero setback if the Building
is 40 ft. in height or less
and includes a 20 ft. deep
covered front porch running
substantially the full length
of the Building front to be
used for seating in associa-
tion with indoor/Outdoor
Cafes, Bars, Nightclubs,
Restaurants or cabarets.
For new construction along
Ocean Terrace, portions of
a Building located above a
porch which front on Ocean
Terrace are permitted in the
Front Yard setback if the
design receives a Floor Area
Ratio bonus.
20 ft. setback if the
Building does not include a
front porch as described
above or is greater than 40
ft.in height.
For those Buildings greater
than 40 ft. in height, a one-
story front porch as des-
cribed above may be
constructed within the
Front Yard setback.
Oceanfront:
15% of the Lot Width.
Non-oceanfront:
Buildings less than 40 ft.in
height - each interior Side
Yard shall be 10% of the
Lot Width.
Buildings greater than 40 ft.
in height - each interior
Side Yard shall be 15% of
the Lot Width.
Oceanfront:
15% of the Lot Width plus
5 ft.
Non-oceanfront:
10% of the Lot Width plus
5 ft.
Oceanfront:
25% of Lot Depth, 75' mini-
mum.
Non-oceanfront:
o feet
5. Existing Structures which are being substantially renovated are permitted to retain the
existing setback areas; however, the setback area shall not be reduced. When additional
floors are constructed, they shall be permitted to retain the same setbacks as the
existing floors.
6.23
RO RESIDENTIAL/OFFICE DISTRICT.
6-17
Purpose and Uses
A.
Accessory Uses
Those Uses customarily
associated with the
District Purpose. (See
Section 6-21).
4.
onal
Cond
Uses
None
3.
Permitted
Single Family Dwellingj
Apartmentsj Offices.
Main
Uses
2.
District
Purpose
This district is designed
to accommodate an
office corridor or
Developmentcompatible
with the scale of
surrounding residential
neighborhoods. The
Development shall be
designed to maintain a
residential character.
1.
7. Max. Bldg.
Height
(feet)
6. Avg. Unit
Size
(sq. ft.)
Min. Unit
Size
(sq.ft.)
5.
Min. Lot
Width
(feet)
4.
Regulations
Min. Lot
Area
(sq. ft.)
Developmen t
3.
2. Max. FAR
with bonus
(Section 6-24)
B.
Base FAR
1.
33 feet
Single Family = Single Family =
1,800 N/A
50
Res.
Res.= 6,000
1.25
.75
=
= none
Off.
Off.= none
Family =
Family = Mult
800
Mult
550
Review
Design
Off. = N/A
be approved under
Off. = N/A
shall
All construction or rehabilitation
procedures as set forth 18.
c.
iremen ts
Setback Requ
D.
Rear
15% of the Lot depth,
20 feet minimum.
4.
Side,
Facing a street
minimum
15 feet
3.
6.24
Side,
Interior
The sum of each Side
Yard shall be at least
25% of the Lot Width,
not to exceed 50 feet,
anyone Side Yard shall
have a minimum of 7.5
feet. When an existing
Building has a minimum
5 ft. Side Yard the Set-
back may be allowed to
follow the existing
Building line. The
maintenance of the
minimum required 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.
2.
Front
20 feet
1.
6-18
TH TOWNHOME RESIDENTIAL DISTRICT.
A. Purpose and Uses
1.
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
This district is designed
to accommodate Town-
home Developments.
Single Family detached
Dwelling; Townhomes.
None.
Those non-Commercial
Uses customarily
associated with Town-
home Developments,
including Floor Area
associated with public
Uses that are open to
the general public.
However,. projects that
exceed 200 units may
have 10% of the Floor
Area of the project as
retail Uses. (See Section
6-21).
B. Development Regulations
1. Base FAR 2. Max. FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg.
without with bonus Area Width Size Size Height
bonus (See Sec. 6-24) (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet)
0.7 1.2 5,000 50 900 1,100 35
c. Setback Requirements
1.
Front
2.
Sides
3.
Rear
20 feet
15 feet between Buildings; 15 feet on
sides facing a Street; 7.5 feet for
interior sides.
20 feet minimum.
D. All Townhome projects shall be reviewed pursuant to the Design Review
procedures as set forth in Section 18.
6.25
6-19
Purpose and Uses
A.
Accessory Uses
See Section 6-21.
4.
tiona
Cond
Uses
None
3.
Permitted
Water Transportation
Stops; Rental of
watercraft. excluding jet
skis and similar Uses;
Wet dockage of Pleasure
Craft; Kiosks; walkways
and decks.
Main
Uses
2.
District
Purpose
This district is designed
to create a landscaped
environment with Uses
that are of desirable
character and in har-
mony with the Water-
way and the upland
Development.
1.
Max. Bldg.
Height
(feet)
7.
6. Max. No. of
Bldgs. per Site
5. Max. Floor
Area of Bldg.
(sq.ft.)
Min. Lot
Width
(feet)
4.
Regula tions
3. Min. Lot
Area
(sq. ft.)
Developmen t
2. Max. FAR
with bonus
B.
Base FAR
1.
12 - must
use pitched roof
N/A
N/A
N/A
N/A
Setback Requirements
c.
Rear
4.
Side.
Facing a Street
3.
Side.
Interior
2.
Front
1.
10 feet
Width.
20% of Lot
o feet
between properties.
Structures shall be constructed of concrete block and stucco and have a pitch
roof of tile or concrete, and shall be open on all sides. All areas not covered by
decks or Structures shall be maintained as landscaped area
interconnected walkways
to
apply
The setbacks do not
D.
E.
o
least
at
is
Structures and rentals of watercraft are only permitted if there
feet of Lot Depth and a minimum of 5 feet of public sidewalk.
F.
a
with
Hotel
minimum.
an upland
with
50%
be associ a ted
walkways)
including
shall
The rental of watercraft
minimum of 350 units.
(not
Landscaped area
G.
H.
Properties located adjacent to Lake Pancoast are not required to meet the 350
Hotel room requirement and existing structures are permitted to be re-opened
if they meet all applicable Building, Fire and Property Maintenance Standards,
Ordinances and regulations and are approved by the Design Review Board. The
permitted Uses are limited to concessions, sales or rental of watercraft with
the exception of jet skies and other similar motorized Uses.
6.26
I.
6-20 WD-2 WATERWAY DISTRICT.
A. Purpose and Uses
1.
District
Purpose
2. Main Permitted
Uses
3.
Conditional
Uses
4. Accessory Uses
This district is designed
to accommodate beach
related Accessory Uses
on the east side of
Miami Beach Drive.
Outdoor Cafes, Pool
decks. Cabanas and
similar recreational Uses
which are water or
beach related.
None
See Section 6-21.
B. Development Regulations
1. Base FAR
2. Max. FAR
with bonus
(See Section 6-
24)
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Unit
Size
(sq.ft.)
6. Avg. Unit
Size
(sq.ft.)
7. Max. Bldg.
Height
(feet)
.01
.50
N/A
N/A
N/A
N/A
15
c. Setback Requirements
1.
Front
(Miami Beach Drive)
2.
Rear
(Erosion Control Line)
3.
Side
Yards
5 feet
50 feet
10 feet, if development is connected
to a project in the Dune Overlay
District.
o feet
6-21 REGULATION OF ACCESSORY USES
A. GENERAL PROVISIONS - Accessory Uses shall comply with the following
general provisions:
1. They shall be located on the same Lot as the main Permitted Use, except
for Required Parking which may be located within 1,200 feet of the
property. The distance separation shall be measured by following a
straight line from the Lot on which the main permitted Use is located to
the Lot where the Parking Lot or garage is located.
2. They shall be incidental to and customarily associ a ted with the main
permitted Use. In making the determination, the Planning and Zoning
Director may require the Applicant to provide evidence that said Use
meets this criteria. The Planning and Zoning Director may also make use
of and require the Applicant to provide planning reports and studies and
other investigations to support the Applicant's request.
3. Off-Street Parking and Loading Spaces shall be considered as Accessory
Uses in all districts.
4. A Use other than those listed in this Section may be considered as an
Accessory Use if it is customarily associated with one of the main
Permitted Uses and if the Planning and Zoning Director finds that the
Use complies with the below mandatory criteria:
a. The Use complies with items 1 and 2 above;
6.27
in
the Zoning District
the purpose of
with
is consistent
is located;
The Use
which it
b.
That the necessary safeguards will be provided for the protection
of surrounding property, Persons and neighborhood values;
c.
the
welfare of
That the public health, safety, morals and general
community will not be adversely affected;
d.
the Comprehensive Plan and Neighborhood
It is consistent with
Plan if one exists;
e.
An Occupational License or Building Permit, whichever is being
requested, shall only be approved for an Accessory Use if the Building
complies with all of the following Mandatory Requirements.
5.
All Structures shall conform to the South Florida Building Code,
the Property Maintenance Standards and the Fire Prevention and
Life Safety Code.
a.
The existing Building and the proposed Improvements shall be
built in a manner that is substantially consistent with the design
recommendations in a Neighborhood Plan for the area if one
exists, and if the Building is a Historic Structure, then the U.S.
Secretary of the Interior Standards for Rehabilitation of Historic
Buildings as amended shall be used.
b.
The minimum and average Floor Area requirements for the units
as set forth in Section 6-16, Development Regulations, shall be met.
c.
Appeal of the Planning and Zoning Director's decision pertaining to any
finding shall be to the Board of Adjustment as provided in Section 16 of
this Ordinance and shall be considered as an appeal of an Administrative
decision.
6.
Uses
Hotels are permitted to have any Accessory Use that is customarily
associated with the operation of a Hotel or Apartment Building.
d_ Accessor
p
1
B.
the below
and
based upon
Mechanical support equipment and administrative offices
Uses that maintain the operation of the Building.
may have Accessory Uses
Buildings
Apartment
criteria:
a.
2.
not
inside a Structure or
loca ted
Washers and dryers shall be
visible from a right-of-way.
b.
A dining room which is operated solely for the residents in the
Building shall be located inside the Building and shall not be
visible from the Street with no Exterior Signs, entrances or exits
except for those required by the South Florida Building Code.
However, a dining room shall not be allowed in the RM-I District
except for those dining rooms associated with Adult Congregate
Living Facilities.
6.28
c.
d. Public telephones and vending machines shall only be permitted
to be located inside Buildings; however, automatic teller machines
shall be permitted on the Exterior walls of the Buildings.
e. Buildings in the RM-3 District may have Commercial, office,
eating or drinking Uses with access to the Street if they are either
located in the ground floor space, Subterranean level or in the
highest floor of a Building; however, office space, when located
on the ground floor, shall be at least 50 feet from the front
property line.
f. Solarium, sauna, exercise studio, health club or massage service
for use by residents or open to the public by an Individual
licensed by the State of Florida or other appropriate agencies.
g. Any Accessory Commercial, office, or retail Uses shall not be
located on any floor, except the lobby or first floor, where there
are Apartment Units.
3. An Apartment Hotel located on an Oceanfront or Bayfront Lot, shall be
permitted to have any Accessory Use that is commonly associated with
a Hotel if the Use meets the below criteria and those listed in Section
6-21,A above.
a. 75% of the total units shall be Hotel rooms or the Building shall
contain at least 100 Hotel rooms.
b. Registration Desk - staffed twenty-four hours per day.
c. Open key and mail compartments for the Hotel Units.
d. Central telephone switchboard directly connected to the Hotel
Units.
e. The Hotel Units shall have independent electrical and water
meters from the Apartment Units.
f. The Applicant shall provide the City with a listing of the Hotel
Units prior to the issuance of an Occupational License.
4. Office, retail and Commercial Accessory Uses shall be limited to the
following:
a. Storage of supplies or merchandise normally carried in stock in
connection with a permitted Use.
b. Accessory Off-Street Parking and Loading Spaces, subject to
applicable district regulations.
5. Industrial Accessory Uses shall be limited to the following:
a. Storage of goods used in, or produced by, permitted industrial
Uses or related activities.
b. Accessory Off-Street Parking and Loading Spaces.
6.29
Accessory
All
C.
See Section 6-13.
Any Use that is customarily associated with a main
permitted Use and consistent with the criteria listed in
Section 6-21,A.
(HD)
2. Marine Recreational
(MR), Civic and
Convention Center
(CCC), Government Use
(GU) & Waterway Dis-
tricts I and II (WD-I,II)
D.
District
Hospi tal
following
in Section
eneral Provisions - Accessory Uses shall comply with the
mandatory criteria in addition to the regulations contained
6-21, A and B:
All Structures shall conform to the South Florida Building Code,
the Miami Beach Property Maintenance Standards and the Fire
Prevention and Safety Code.
a.
The existing Building and the proposed Improvements shall be
built in a manner that is substantially consistent with the design
recommendations in Neighborhood Plans for the area if one exists,
and a Design Review Area and the Secretary of the Interior
Standards for Rehabilitation and Guidelines for Historic
Structures, U.S. Department of the Interior (Revised 1983) and as
amended.
b.
The minimum and average Floor Area requirements for the units
as set forth in Section 6-16, Development Regulations, shall be met.
indicate compliance with sub-
then Accessory Uses are not
do not
above,
If the Building or plans
paragraphs a, band c
permi tted.
c.
d.
in Hotels:
Those Accessory Uses that are customarily associated with
the operation of a Hotel. The amount of retail space shall
not exceed 75 sq. ft. per Hotel Unit.
Permitted Accessory Uses
(1)
a.
2.
Hotels may have offices not associated with the operation
of a Hotel. The floor space associated with offices shall
not exceed 35 sq. ft. per Hotel Unit; medical or den tal
related offices are prohibited.
(2)
Sidewalk Cafes.
Cafes,
Ou tdoor
Restaurants,
6.30
(3)
(4) Solarium, sauna, exercise studio, health club or massage
service which are located in either the Subterranean,
ground, Mezzanine or roof levels only and are operated by
an Individual licensed by the State of Florida or other
appropriate agencies.
(5) Antiques, bookstore, art/craft galleries, artist studios.
(6) Sale of Alcoholic Beverages as per Section 12 of this
Ordinance.
(7) Uses located on the porch, terrace or patio of a Building
are limited to seating for eating and drinking
establishments, which have their Fixtures and cooking
facilities located in the interior of the Building, and the
sale of flowers when conducted from a movable stand that
is placed inside the Building at the close of business.
b. Permitted Accessory Uses In Apartment Buildings:
(1) Apartment Buildings may have Commercial, office, eating
or drinking Uses, with access to the Street, on the ground
floor and Subterranean level or in the highest floor of a
Building; however, no more than 25% of the floor area of
the Subterranean or ground floor shall be used for
commercial uses. Office space, when located on the ground
floor, shall be located at least 50 feet from the front
property line.
(2) Restaurants, Outdoor Cafes, Sidewalk Cafes with Sale of
Alcoholic Beverages as per Section 12 of this Ordinance;
(3) Solarium, sauna, exercise studio, health club or massage
service by an Individual licensed by the State of Florida.
or other appropriate agencies.
c. Permitted Accessory Uses in Apartment Hotels:
Apartment Hotels may have the same Accessory Uses as Hotels
if a minimum of 75% of the total number of units are Hotel Units.
3. In addition to the regulations and Accessory Uses listed in Section
6-21,D.l and 2 above, Structures located in the below areas shall comply
with the following:
a. Permitted Accessorv Uses for Prooerties on Collins A venue from
6th to 15th Streets and on the west side of Collins A venue from
15th to 16th Streets and Ocean Terrace include the above
Accessory Uses but must comply with the following requirements:
(1) Offices that are medical or dental related are prohibited.
(2) Offices are only allowed in existing Structures, otherwise,
they are prohibi ted.
6.31
If a lobby is present or was originally constructed it shall
be retained or reinstated. Said lobby may be used for a
reception area with no partitions; however, offices are not
permitted in the lobby.
(3)
as
Commercial Uses, , Apartments, or Hotel Units either
a main permitted Use or in any combination.
(4)
Permitted Accessory Uses for properties between Washington
Avenue, Washington Court, 21st Street, Liberty Avenue, 20th
Street, Collins A venue and 17th Street and for properties that
front on Ocean Terrace:
b.
Uses
Offices. If the office space is located on the ground floor
it shall be 50 feet from any front property line facing a
Street and be consistent with paragraph 3.a.(l) and (2)
above.
Commercial
(1)
(2)
At least 50% of the total Floor Area shall be used as Hotel
or Apartment, the Floor Area for Hotel or Apartment Units
shall meet the minimum area requirements established for
the Zoning District.
(3)
Permitted Accessor Uses in Sinsde Famil 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. 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.
E.
the
if
Day Care Facilities for the care of children are permitted
following mandatory criteria are met:
1
anyone house.
Facility are
Day Care
children are permitted at
the
Signs on the property advertising
prohibited.
A maximum of five (5)
a.
b.
The Day Care Facility complies with all applicable requirements
and regulations of the Department of Health and Rehabilitative
Services and the City's Police, Fire and Building Departments.
All of the South Florida Building Code, Miami Beach Property
Maintenance Standards and Fire Prevention and Safety Code
viola tions shall be corrected prior to the issuance of a City
Occupational License.
c.
Play area shall only be located in the Rear Yard and equipment
shall be limited to three (3) pieces of equipment.
d.
prohibited on Sundays.
6.32
is
Day Care
e.
f. The Building shall maintain the external appearance of a single
Family home.
g. Site Plan shall be approved by the Planning and Zoning Director.
The plan shall include landscaping and a permitted wall or
fencing enclosing the Rear Yard.
h. Day Care Facilities shall not be located within 400 feet of another
such facility; except that this restriction shall not apply to Sate
licensed Family Day Care Homes as defined in Section 402.302 (5),
Florida Statutes (1987), as amended.
2. The Planning and Zoning Director may approve a second set of cooking
facilities if the residence contains at least 3,600 sq. ft. of Floor Area and
the arrangement of such facilities or conditions at the property shall not
result in the creation of an Apartment Unit. No more than one electric
meter shall be placed on the property and that portion of the residence
having the second set of cooking facilities shall not be rented. Appeal
of the Director's decision shall be to the Board of Adjustmen t.
3. Guest/Servants Quarters.
6-22 SUPPLEMENT AR Y USE REGULATIONS
A. Commercial and wholesaling Use
When a Commercial Use is involved in wholesaling and the property is in a
Commercial district, the Commercial Use shall include a display or show room
open to the public and 50% of the frontage shall be storefront windows that face
a Street.
B. Storage of Motor Vehicles: Permitted only in the I-I Light Industrial District.
Storage of automobiles and/or trucks shall be enclosed by an opaque masonry
wall or structural wooden fence not less than six (6) feet in height. Such wall
or fence shall totally screen the garage and work area from public view.
C. Video Game Machines - All commercial districts.
Video game machines are permitted as accessory to Commercial Uses. They shall
be limited to an area not to exceed 4% of the area of the main Commercial Use.
D. Suites Hotel
When a Hotel Unit contains cooking facilities it shall be considered as a Suite
Hotel Unit and shall conform with the following:
1. The units shall only be permitted in new construction or in Buildings
which have been Substantially Rehabilitated or where the Suites Hotel
Units are part of a request for a Building Permit that will result in the
Building being Substantially Rehabilitated..
2. Cooking facilities in Units of less than 550 square feet shall be limited
to one microwave oven and one five (5) cubic feet refrigerator.
6.33
Hotel
A minimum of twenty percent (20%) of the total gross area shall be
maintained as common area. This provision shall not be waived or
affected through the Variance procedure.
be maintained and operated as a
The Building shall
3.
4.
lobby.
The Building shall have central air conditioning or flush mounted wall
units, however no air conditioning equipment may face a Street, bay or
ocean.
contain a registration desk and a
The Building shall
5.
6.
provide
have unenclosed exterior
The Building shall
access to the Units
7.
that
Should the facility convert from a suites Hotel to a multi-Family
residential Building, the minimum average unitsize and all other zoning
requirements for the underlying district shall be met.
walkways
not
8.
itions:
A Building Permit shall be issued; however, prior to the issuance of a
Building Permit, the Temporary Sales Building shall be approved by the
Design Review Board.
the following cond
Buildings are permitted with
sales
Temporary
1
E.
Permitted if the Building is considered as a permanent Structure and
consistent with the South Florida Building Code, the Miami Beach
Property Maintenance Standards and Fire Prevention and Safety Code.
2.
The Building Official shall require a bond to be posted in an amount
that, if necessary, shall be used by the City to ensure the Building's
removal.
3.
It shall be removed prior to the issuance of the final Certificate of
Occupancy or Certificate of Completion; however, in no instance shall
an Occupational License be granted until it is removed from the property.
4.
be continuously occupied at least 5 days a week and 5 hours each
It shall be removed if a Building Permit for the complete construction
of the main Building is not issued within one (I) year from the date the
Building Permit for the sales Building was issued. The sales Building
shall also be removed by the date on which the Building Permit expires.
If the Development involves more than one Building, it shall be
considered as a phased Development. The temporary sales Building may
be permitted to remain on the property in between the construction
period of the main Buildings of the various phases. However, it shall be
removed in one (1) year if the Building Permit for the next phase is not
issued. The one year period shall be measured from the date of the
Certificate of Occupancy of the previous phase.
It shall
day.
5.
6.
itted on
be perm
not
Parking Lots or garages when a main permitted Use shall
Lots fronting on Ocean Drive or Espanola Way.
6.34
F.
6-23 MAXIMUM FAR FOR HOTEL DEVELOPMENT
A. Hotel Development shall conform to the Floor Area Ratio regulations set forth
in this Section regardless of the underlying zoning district; however, when a
Hotel Development is located in a locally designated Historic District and/or
site, or in the Architectural District west of Collins A venue, the base FAR shall
be 1.75 and the maximum allowed FAR shall not exceed 3.5 (Increases beyond
the base FAR shall be achieved through the formula set forth in Section 6-24).
B. Lot Area equal Lot Are a Lot Are a Lot Area Lot Are a Lot Area
to or less than between 22,500 between 37,500 between <45,000 between 60,000 greater than
22,<499 sq.ft. and 37,<499 and <4<4,999 and 59,999 and 7<4,999 75,000 sq.ft.
aq.ft. aq.ft. sq.ft. sq.ft.
1. Base FAR 1.25 1.85 2.<45 3.05 3.65 4.25
2. Maximum 3.00 3.60 <4.20 <4.80 5.40 6.00
FAR with
all bonuses
C. Floor Area Ratio Bonus Methodology
1. Floor Area Ratio bonuses are achieved in two ways. The first is a bonus
for design based upon criteria listed in Section 6-24. The maximum
increase in the Floor Area Ratio above the base FAR achieved by using
the design bon uses is 0.50.
2. The second bonus is based on the gross Hotel Unit size. For purposes of
this Section, the gross average Hotel Unit size shall be calculated by
dividing the gross Building area by the total number of Hotel Units. The
below table lists the bonus Floor Area Ratio based upon the gross average
Hotel Unit size.
A vg. Unit
Floor Area 600 650 700
(gross)
Bonus FAR 0.00 0.16 0.31
750 800 850 900 950
1000
0.47 0.63 0.78 0.94 1.09
1.25
3. Any number falling between the specified ranges shall be calculated by
in terpola tion.
4. The Maximum Floor Area Ratio with all bonuses is determined by the
following formula:
Base FAR
(1.25 to 4.25)
based on Lot Area
Design Bon us
+ (0.0 to 0.50)
based on design
criteria
A vg Unit Size Bonus
+ (0.0 to 1.25) =
based on gross
average unit size
Maximum Floor
Area Ratio
D. A mixed Hotel/residential Development shall have an FAR calculated in the
following manner - the Lot Area shall be divided proportionally to the
percentage of Hotel Units to Apartment Units, that percentage of the Lot Area
corresponding to the Hotel Development shall follow the FAR regulations as set
forth in Section 6-23,A. above. The percentage of Lot Area corresponding to the
residen tial Development shall follow the Floor Area Ra tio ta bles esta blished for
the particular zoning district.
6.35
The Buildihg shall have central air conditioning or flush mounted wall units,
however no air conditioning equipment may face a Street, bay or ocean.
E.
HEDllLE_OF DESIGN BONUSES
6-24
the
in
imum bonus as set forth
provisions
The total bonuses shall not exceed the max
district in which the property is located.
General
1.
A.
All Site Plans shall be consistent with the Comprehensive Plan and
Neighborhood Study Plan, if one exists for the neighborhood involved.
2.
The Private Sector Development Controls and Guidelines (Ordinance No.
77-2099) as amended, shall be used as the guide in determining the
amount of design bonuses that are granted.
3.
When a project is in the Architectural District, the plans shall be
consistent with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S.
Department of the Interior (Revised 1983) and as amended.
4.
For a project to receive a Floor Area Ratio bonus based on design, it must
at a minimum comply with one bonus factor from each of following
categories excluding the Historic Criteria category. However this
exclusion does not apply to existing Structures in the Architectural
District.
5.
The maximum Floor Area Ratio bonus which is achieved through the
design bonuses in the RM-3 District, any residential Use in the CD-3
District and for Hotel Developments is 0.50. In all other Districts the cap
on the Floor Area Ratio design bonus shall be the Maximum Floor Area
Ratio permitted in the District.
6.
Area Ratio Bonuses
Floor
B.
FAR Bonus
Factors
Bonus
Ca te20rv
.05
Arcades - considering pedestrian access,
accommodation of activities, linkage in
circula tion pattern, relationship to
architectural and urban design features,
shading and cooling effect, protective
effect, relationship to public and private
spaces, accessibility and usability.
6.36
Design and Planning
a.
b.
c.
d.
e.
2. Building Features
a.
b.
c.
d.
e.
f.
Open Space - areas shall be open to the sky.
The amount of Open Space shall exceed the
area that results from the setback
requirements.
Lot assemblage - this bonus applies for
Buildings in the MXE District, which are
not part of a locally designated Historic
District or Site; and in the districts loca ted
South of 6th Street and the CD-I and CD-2
districts.
Provision of parking spaces beyond the
amount required by this Ordinance. This
provision does not apply when utilizing the
Impact Fee Program.
View corridors - creating a view corridor
through the Site or the Building. This
provision does not apply for view corridors
that correspond to the required setback
area.
Outdoor Cafe.
First Floor Commercial Use' with a
minimum of 1,000 square feet. Direct access
to Commercial Uses and full storefront
windows are encouraged.
Hotel Units - this bonus applies when a
Development contains at least 25% of the
unit mix as Hotel rooms.
Meeting rooms, assembly rooms and
conference rooms.
Pe_rforming arts space - including but not
limited to museums and art galleries.
Front porch - the porch shall be continuous
and comprise at least 75% of the Lot Width.
This bonus applies for projects in a
designated Historic District or listed in the
National Register.
6.37
.01 for every 10%
tha t exceeds the
area resulting
from the required
setbacks, not to
exceed .05
.05 per 7,500 sq.
ft. or fraction
thereof of Lot
Area, not to
exceed .25.
.0 I per space, not
to exceed 0.25.
.05
.005 per 4 seats,
total not to
exceed .05
.0 I per 1,250 sq.
ft. of retail space,
not to exceed .05
.005 per Hotel
room not to
exceed 0.25
.0 I per 500 sq. ft.
of pu blic meeting
space, not to
exceed 0.25.
.01 per 500 sq. ft.
of public meeting
space, not to
exceed 0.25.
.05
.01 per 500 SQ. ft.
not to exceed .05
Terraces or balconies with an average area
of. 500 square f,eet for the
terraces/balconies per unit.
.05
.05
.05
.05
.01 for every 10%
of rooftop area
maintained as
landscape space
not to exceed .05.
.05
.05
.05
Planting and landscaping - a minimum of
25% of the Open Space contained within
the Site shall be maintained as a landscaped
area. Consideration shall be gi ven to
maintenance provisions, irrigation and
relationship to Buildings and Street scape.
Landscape maturity this bonus applies to
landscaping that has achieved a minimum
of 50% of maximum average height at time
of planting.
Boardwalk continuation - any project that
is adjacent to the Dune and continues or
extends the City's Beachfront Park and
Promenade in accordance with the
established guidelines.
g.
3. Site Features
a.
b.
c.
Lighting - accent lighting of architectural
and design features, lighting of planting
and landscape areas and illumination of
Signs.
d.
Rooftop Landscaping - considering scale,
type of plant material and maturity at time
of planting.
e.
Paving - 100% of the outdoor circulation
walkways shall be decorative paving and
shall take into consideration transition with
public spaces and creation of arrival plaza.
Criteria
Physical
a.
4.
this bon us
are located
lines
lines
Underground utility
applies when utility
underground.
b.
Alley Improvements resurfacing and
---lighting in accordance with the
specifications as established by the Public
Works Department and the City Police
Crime Prevention Unit.
6.38
c.
5. Site Improvements
a.
b.
c.
d.
e.
f.
Signs and Graphics - relating to public
orien ta tion.
.05
Street Furniture - a minimum of 25% of the
setback area shall include Street furniture
considering pedestrian orien ta tion,
function, seating capacity, visual impact,
integration with architectural and other
design elements, integration with use of
public spaces, and activity areas,
uniformity of style, location and scale.
.05
Public Art - considering accessibility and
visibility from the public right-of -way,
integration with use of public spaces, and
activity areas, uniformity of style, location
and scale. At a minimum the art work shall
cost 1 % of construction cost as indicated on
the Building Permit or $25,000 whichever is
greater. Does not include water features
that are listed in 4.b above.
.05
Major water features considering
movement, sound, reflection, recreation,
cooling effect, architectural effect,
coordination with plaza or other special
place, public-private transition, visual
impact, and relation to overall project
design. This factor is only applicable for
water features that exceed half of one
percent of the cost of the Building as listed
on the Building Permit application.
.05
Street trees, grates and irrigation
landscaping on the City's right-of-way shall
occur for the entire Street frontage of the
property and trees shall be planted no
further away than twenty feet on center.
.05
Crime Prevention Through Environmental
Design (CPTED) compliance - this bonus
applies when a project is found in
compliance with these guidelines.
.05
6.39
.05
two
of
Historical markers - a minimum
markers shall be provided.
Criteria
Historic
a.
6.
.25
u.s. Secretary of the Interior Approval -
This bonus applies to projects in a
nationally designated Architectural
District.
b.
.25
Retention of significant interior historical
architectural items, this includes but is not
limited to floor and ceiling treatments,
fireplaces, front desks, telephone booths,
etc.
c.
.05
This
Historically accurate fabric Awnings
bonus applies for existing Buildings.
d.
.05
Elimination of through the wall or window
air conditioning units on any wall facing a
street and replacement of central air
conditioning. Air conditioning units facing
an interior Lot line shall be flush mounted
wall units. This bonus applies to existing
Buildings.
e.
.25
in
Historically accurate restored furniture
the lobby or in all Hotel rooms.
f.
05
Restoration of original historic Signs, not
including Signs added after the primary
period of historic significance.
g.
.05
designated
locally
a
wi thin
District.
Loca ted
Historic
h.
UPPLEMENTARY YARD REGULATIONS
6-25
General
DetermInation of Side Street - Where these regulations refer to side
Streets, the Planning and Zoning Director shall be guided by the pattern
of Development in the vicinity of the Lot in question in determining
which of two (2) Streets is the side Street.
A.
Established Right-of-W - Where an official line has been established
for the future widening or opening of a Street upon which a Lot abuts,
the depth of a Front or Side Yard shall be measured from such official
line to the Building line.
2.
the
Ordinance,
Through Lots - Except as otherwise provided in this
required Front Yard shall be provided on each Street.
6.40
3.
4. Minimum Side Yards. Public and Semi-Public Buildings- The minimum
depth of interior Side Yards for schools, libraries, religious institutions,
and other public Buildings and private Structures which are publicly used
for meetings in residential districts shall be fifty (50) feet, except where
a Side Yard is adjacent to a business district, a public Street, bay, Erosion
Control Line or golf course in which case, the depth of that Yard shall
be as required for the district in which the Building is located. In all
other cases, the Side Yard facing a Street shall be the same as that which
is required for the district in which the Lot is located.
B. Allowable Encroachments.
1. Accessorv Buildings - All districts - Accessory Buildings which are not
a part of the main Building may be constructed in a Rear Yard, provided
such Accessory Building does not occupy more than thirty (30) percent
of the area of the required Rear Yard and provided it is not located
closer than seven and one half (7 1/2) feet to a rear or interior side Lot
Line and fifteen feet when facing a Street. Areas enclosed by screen shall
be included in the computation of area occupied in a required Rear Yard
Lot but an open uncovered swimming pool shall not be included.
2. Awnings - All districts - Awnings attached to, and supported by a
Building wall may be placed over doors or windows in any Required
Yard, but such Awnings shall not project closer than three (3) feet to any
Lot Line except: 1) an Awning associated with a Commercial Use shall
be permitted to extend from the entrance door to the Street line of any
Building except those in a Single Family or Townhome District; 2) the
setbacks for Awnings in a locally designated Historic District or in the
National Register of Historic Places shall be determined under the Design
Review Procedures pursuant to Section 18 of this Ordinance and shall
be based upon the architecture of the Building.
3. Boat. Boat Trailer. Camoer Trailer. Recreational or Commercial Vehicle
Storage - Permitted accessory storage of these vehicles shall not be
conducted in a Front Yard of any district except the 1-1 Industrial
District and the Marine Recreational District. The storage of commercial
vehicles are not permitted in any district except the 1-1 Industrial District
and commercial districts. Where permitted, if the said vehicles are loca ted
in a Side or Rear Yard it shall be screened from view from the Street and
from the adjacent property. Nothing in this paragraph shall be construed
to prohibit a dry dock facility when such facility is associa ted with a
Marina.
4. Canooies - A Canopy shall be permitted to extend from an entrance door
to the Street line of any Building except those located in a Single Family
or Townhome District. Where a sidewalk or curb exists, the Canopy may
extend to within eighteen (18) inches of the curb line. Such Canopies
shall not exceed fifteen (15) feet and twelve (12) feet in height or be
screened or enclosed in any manner and shall provide an unobstructed,
clear space between the Grade and the bottom of the Canopy va lance of
at least seven (7) feet. The location of vertical supports for the Canopy
shall be approved by the Public Works Director.
5. Caroorts - Carports shall be constructed of canvas and pipe for the
express purpose of shading automobiles and shall have a minimum
required interior Side Yard setback of four (4) feet; it shall be permitted
6.41
to extend into any Front Yard of a single Family residence, provided
such Carport is at least eighteen (18) inches from the property line or
sidewalk, provided it is attached to the main Building. When a Carport
is detached it shall not be located in the required Front Yard. Carports
shall not be permitted to exceed twenty (20) feet in width, twenty (20)
feet in length and ten (10) feet in height and shall not be screened or
enclosed in any manner. An unobstructed view between the Grade and
the lower ceiling edge of the Carport of at least seven (7) feet shall be
maintained. Only one (1) Carport shall be erected within a Required
Yard. Carports constructed prior to the adoption of this Section shall be
considered as legal Non-conforming Structures. Such Non-Conforming
Canopies may be repaired or replaced; however, the degree of their Non-
Conformity shall not be increased thereby.
entral Air Conditioners - Accessory central air conditioners may occupy
a required Side or Rear Yard, in Single Family, Townhome , or in the
RM-l Residential Multifamily Low Intensity Districts, provided that:
6.
They are not closer than five (5) feet to a rear or interior side
Lot Line or ten (10) feet to a Side Yard facing a Street.
a.
inches above
six (6)
(2) feet,
They shall not exceed a height of two
the sidewalk elevation.
b.
is located outside the
in paragraph a. above.
Any required sound buffering equipment
minimum five (5) foot Yard area specified
c.
shall
Drivewavs - Driveways in single family and townhome districts
have a minimum four (4) foot setback from the side property line.
7.
to materials and heights
Walls. and Ga tes - Regulations pertaining
walls and gates are as follows
Fences
for fences,
8.
districts except 1- I
Required Front Yard - Five (5) feet maximum. The height
may be increased up to a maximum total height of seven
(7) feet if the fence, wall or gate is set back from the front
property line. Height may be increased one (1) foot for
every two (2) feet of setback.
All
(1)
a.
Required Rear or Side Yard - Seven (7) feet maximum,
except when such yard abuts a public right of way,
Waterway or golf course, the maximum height shall not
exceed five (5) feet.
(2)
All surfaces of masonry walls and wood fences shall be
finished in the same manner with the same materials on
both sides to have an equal or better quality appearance
when seen from adjoining properties. The structural
supports for wood fences, walls or gates shall face inward
toward the property.
(3)
Chain Link Fences are prohibited in the required Front
Yard, and any Required Yard facing a public right of way
or Waterway except as provided in Section 6-25,B.l8.
6.42
(4)
b. I-I Light Industrial District.
(1) Front, rear or side - Seven (7) maximum, excluding barbed
wire or materials of similar character. Barbed wire or
materials of similar character shall be elevated seven (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 nine
(9) feet.
9. Hedges - All districts
a. Five (5) feet maximum height when located in the front setback.
b. Ten (10) feet maximum height when located in the side or rear
setback.
10. Hot Tubs. Showers. Saunas. Whirloools. Toilet Facilities. Swimming Pool
Eauioment. Decks - All districts - Hot tubs, showers, whirlpools, toilet
facilities, decks and Cabanas, are Structures which are not required to
be connected to the main Building but may be constructed in a required
Rear Yard, provided such. Structure does not occupy more than thirty (30)
percent of the area of the required Rear Yard and provided it is not
located closer than seven and one half (7~) feet to a rear or in terior side
Lot Line. Swimming pool equipment may be located in the rear and/or
Side Yard when it is at least two (2) feet from a rear or interior side Lot
Line; however, when a Side Yard faces a Street, swimming pool
equipment shall be located at least ten (10) feet from the property line
with landscaping or fencing constructed in a manner that prevents it
being viewed from the Street. Free standing, unenclosed facilities
including surrounding paved or deck areas shall adhere to the same
setback requirements as enclosed facilities.
11. Lightooles - All districts
a. Ten (10) feet maximum height. Lightpoles shall be loca ted seven
and one half (7~) from any property line except that when such
property line abuts a public right of way, or Waterway there shall
be no required setback.
b. All light shall be contained on Site or on any public right-of-way
as required by the City Code.
12. Marine Structures - All districts - Seaward Side Yard setbacks for boat
slips, decks, wharves, dolphin poles, mooring piles, da vits, or Structures
of any kind shall not be less than seven and one half (7~) feet. This
requirement pertains to the enlargement of existing Structures as well as
to the construction of new Structures. It is further provided that any
boat, ship, or vessel of any kind shall not be docked or moored so that
its projection extends into the required seaward Side Yard setback. Land
side decks may extend to the deck associated with the marine Structure.
The maximum projection of a marine Structure shall be determined by
the Dade County Department of Environmental Resource Management.
If marine Structure projects more than 25 ft. into the Waterway, it shall
be a Conditional Use and reviewed pursuant to Section 17.
6.43
10 feet; 0 feet for the
entire Structure if retail
on the ground floor
with storefront
windows.
if in a Government Use
(GU), Civic and
Convention Center
(CCC), Residential or
Mixed Use Entertain-
ment District, 5% of Lot
Width, not to exceed 20
feet, otherwise the
regula tions as set forth
in the district in which
the Use is located.
if abutting a Single
Family district 10 feet.
In all other instances
in which there is not
access to the parking
Structure from the
Alley, 0 feet. 5 feet if
there is access to the
parking Structure from
the Alley.
a. Parking Garage
(1) front and side facing a Street
(2) interior side and rear -
(3) Alley (supercedes above)-
6.44
b. At Grade parking Lots shall have the following setbacks:
Lot Wid th
Required Yard on all sides
(1)
100 feet
or less
5 feet
(2)
between
101 and
ISO feet
10 feet
(3)
greater
than 151
feet
IS feet
c. See Section 8 for landscape requirements.
d. All Parking Lots and garages, when a Main Permitted Use in a
zoning district, shall be reviewed under the Design Review process
as set forth in Section 18. When they are a Conditional Use, they
shall be reviewed by the Planning Board as set forth in Section
17.
e. For purposes of determining the maximum size of the garage, the
Floor Area Ratio shall equal the maximum FAR as set forth in
the underlying zoning district providing that the garage project
meets at a minimum a total of 0.50 in design bonuses as listed in
Section 6-24. When Commercial Uses are located on the ground
floor, this Floor Area shall not be included in the Floor Area
Ratio calculation. If the highest level of a garage is open to the
sky, then that level shall not be included in the Floor Area Ra tio
calcula tion.
f. Commercial Uses are only permitted when a project is located in
a Mixed Use Entertainment (MXE), Government Use (GU),
Convention Center (CCC) or Commercial District. When located
in these districts the garage shall contain retail Uses located along
the entire length of a public Street, excluding entrance and exit
drives and Floor Area of other Uses that facilitate the operation
of the garage. Garages that are built solely with public funds may
be exempt from this requirement if meeting the requirement
would affect the tax exempt sta tus of the project.
g. Height limit - as set forth in the district in which the project is
loca ted.
h. At-Grade Parking Lots. when an Accessorv Use either located
under a Building or otherwise shall comply with the setbacks as
set forth Section 6-5.A.
IS. Porte-Cochere - A Porte-Cochere shall be permitted to ex tend from an
entrance door to the Street line of any Building except that Porte-
Cocheres shall not be permitted in a Single Family or Townhome District.
Where a sidewalk or curb exist, the Porte-Cochere may extend to within
6.45
eighteen (18) inches of the sidewalk. The Porte-Cochere shall not exceed
30% of Building frontage in width or sixteen (16) feet in height or be
screened or enclosed in any manner. It shall provide an unobstructed,
clear space of not less than nine (9) feet between the Grade and the
underside of the roof of the Porte-Cochere.
Proiections - All districts - Every part of a Required Yard shall be open
to the sky, except as authorized by this Ordinance. The following may
project into a Required Yard for a distance not to exceed 25% of the
Required Yard up to a maximum projection of six (6) feet.
16.
r
3 feet.
a
Roof overhangs;
Sills;
Window or wall
conditioning units;
Bay windows;
Walkways: maximum
g.
h.
i.
j.
k
Belt courses;
Chimneys;
Cornices;
Exterior unenclosed
private Balconies;
Ornamental features;
Porches, platforms and
terraces;
a.
b.
c.
d.
e.
f.
llite Dish Antennas - All districts - are only permitted in the Rear
Yard or on top of Buildings. Antennas in the Architectural District shall
be located and sized where they are not visible from the Street. Satellite
Dish Antennas shall be considered as an accessory Structure, however the
height, based upon maximum operational capabilities, to the top part of
the antenna shall not exceed fifteen (15) feet. If it is attached to the
main Structure it may not project into a Required Yard.
17.
wimmin Pools - All districts - Accessory swimming pools, open and
enclosed, or covered by a screen enclosure, or screen enclosure not
covering a swimming pool, may only occupy a required Rear or Side
Yard, provided:
18.
Rear Yard Setback - Six (6) foot minimum setback from rear
property line to swimming pool deck or platform, or screen
enclosure associated or not associated with a swimming pool,
provided, however, that swimming pool decks may extend to the
property line and be connected to a dock and its related decking
when abutting upon any bay or canal. There shall be a minimum
seven and a half (7 \) foot setback from the rear property line to
the water's edge of the swimming pool. For oceanfront properties,
the setback shall be measured from the old Miami Beach Bulkhead
Line.
a.
ide Yard Setback Seven and one half (7 \) foot minimum
required setback from side property line to swimming pool deck
or platform, or screen enclosures associated or not associated with
a swimming pool. Nine (9) foot minimum required setback from
side property line to the water's edge of the swimming pool.
b.
a Street
Single Family District - Ten (10) foot setback from the
property line to the swimming pool, deck or pia tf orm or
screen enclosure.
6.46
Side Yard Facin
(1)
c.
(2) All other Districts - Fifteen (15) foot setback from the
property line to the swimming pool, deck or platform or
screen enclosure.
d. A walk space at least eighteen (18) inches wide shall be provided
between swimming pool walls and fences or screen enclosure walls.
Every swimming pool shall be protected by a sturdy non-climbable
Safety Barrier and self-closing and by a self -locking gate approved
by the Building Official.
(I) The Safety Barrier shall be not less than four feet in height
and shall be erected either around the swimming pool or
around the Premises or a portion thereof thereby enclosing
the area entirely, thus prohibiting unrestrained admittance
to the swimming pool area.
(2) Where a wooden type fence is to be provided, the boards,
pickets, louvers, or other such members shall be spaced,
constructed and erected so as to make the fence not
climba ble and impenetrable.
(3) The walls, whether of the stone or block type, shall be so
erected to make them non-climbable.
(4) Where a wire fence is to be used, it shall be composed of
two inch chain link or diamond wea ve non-climbable type,
or of an approved equal, with a top rail and shall be
constructed of heavy galvanized material.
(5) Gates, where provided, shall be of the spring lock type so
that they shall automatically be in a closed and fastened
position at all times. They shall also be equipped with a
gate lock and shall be locked when the swimming pool is
not in use.
e. The minimum size of all Commercial Swimming Pools shall be
four hundred fifty (450) square feet with a minimum dimension
of fifteen (IS) feet and all required walkways shall have a
minimum width of four (4) feet around the swimming pool,
exclusive of the coping. Commercial Swimming Pools shall also
satisfy all applicable requirements of any governmental agency
having jurisdiction.
f. Visual Barriers for Swimming pools - Accessory swimming pools
when located on any Yard, facing a public Street or Alley, shall
be screened from public view as provided for in Section 8
(Landscape Standards).
19. Tennis courts and similar court games - The following regulations shall
apply for fences, lightpoles or other accessory Structures associated with
court games in all districts.
a. Required Front Yard - maximum height of fences shall be ten
(10) feet and the fences shall be set back at least twenty (20) feet
from the front property line.
6.47
Required side and required Rear Yard - maximum height of
fences shall be ten (10) feet and the fences shall be set back at
least seven and a half (7~) feet from the interior side or rear
property line. When the fence faces a Street, the maximum height
shall be ten (10) feet and the fence shall be set back at least
fifteen (15) feet from the property line. For oceanfront
properties, the rear Lot Line shall be the old Miami Beach
Bulkhead Line.
b.
Accessory lighting Fixtures when customarily associated with the
Use of court games, shall be erected so as to direct light only on
the Premises on which they are located. The maximum height of
light fixtures shall not exceed ten (10) feet when located in a
Required Yard; otherwise, the maximum height shall not exceed
twenty (20) feet. Light is permitted to be cast on any public right-
of -way.
c.
be coated with green, brown or black
When fences are located in Required Yards, they shall be
substantially screened from view from adjacent properties, public
right-of -ways, and Waterways by landscape materials.
All chain link fences shall
ma terials.
d.
e.
Any play surface, whether paved or unpaved, when associated
with said court games, shall have the following minimum
Required Yards: front - twenty (20) feet; interior side - seven and
one half (7~) feet, any side facing on a Street - fifteen (15) feet,
rear seven and one half (7~) feet.
f.
Landscaping, when associated with tennis courts, shall be allowed
to equal the height of the fence. The area between the tennis
court fence and the front Lot Line shall be landscaped and
approved by the Planning and Zoning Director prior to the
issuance of a Building Permit.
g.
ORNER VISIBILITY.
On a Corner Lot, there shall be no Structure or planting which obstructs traffic
visibility between the height of two (2) feet and ten (10) feet above the Street
corner Grade, within the triangular space bounded by the two (2) intersecting
right-of-way lines and a straight line connecting the right-of-way lines fifteen
(15) feet from their in tersection.
A.
6-26
to Buildings and Structures located
OCEANFRONT LOTS - These regulations apply
west of the old Miami Beach Bulkhead Line.
6-27
Oceanfront Lots shall have a minimum required Rear Yard setback of fifty (50)
feet measured from the Bulkhead Line or 25% of lot depth (75 feet minimum)
whichever is greater, in which there shall be no construction of any Dwelling,
Hotel, Apartment Building, commercial Building, seawall, Parking areas,
revetment or other Structure incidental to or related to such Structure except
in accordance with the following provisions:
6.48
A.
1. All requests for a Building Permit shall be approved under the Design
Review Board process pursuant to the procedures as set forth in Section
18.
2. Permitted Uses are limited to the following: enclosed Structures, not
utilized for dwelling purposes, shade Structures, Outdoor Cafes,
Restaurants, swimming pools, Cabanas, hot tubs, showers, whirl pools,
toilet facilities, swimming pool equipment, decks, patios, and court games
when said games require no fences.
3. There shall be a minimum required fifteen (15) foot setback from a side
Lot Line and a minimum required ten (10) foot setback from the
Bulkhead Line.
4. The maximum height of any habitable space shall not exceed thirty (30)
feet above Grade.
5. The finished floor elevation of decks, patios, platforms, shall have a
maximum hdght of two and one half (2 1/2) feet above the top of the
Dune.
6. Any permitted enclosed Structure shall have a maximum Floor Area
Ratio of 0.5 of the setback area.
7. Lot Coverage- At least fifty (50) percent of the required Rear Yard
setback shall be opened to the sky and landscaped. All areas covered by
permitted Uses, other than portable beach furniture, shall be considered
in the Lot Coverage calculation.
8. View Corridor - A minimum of fifty (50) percent of the required Rear
Yard setback shall maintain an open and unencumbered view, apart from
landscaping and decorative open picket type fences, from the Erosion
Control Line to the Rear Setback Line.
9. Comply with Florida Statutes Chapter 161 (1987) as amended and any
govern men tal agencies having jurisdiction.
6-28 MODIFICA TION OF HEIGHT REGULATIONS. (All Districts)
A. The height regulations as prescribed in this Ordinance shall not apply to the
following when not used or intended to be used for habitation.
1. Belfries. 9. Monuments.
2. Chimneys. 10. Ornamen tal towers and
3. Church spires. spires.
4. Con veyors. 11. Radio and television towers
5. Cooling towers. less than 125 feet in heigh t.
6. Elevator bulkheads. 12. Smoke stacks.
7. Fire towers. 13. Stage towers or scenery lofts.
8. Flag poles. 14. Tanks.
15. Water towers.
B. The height of all allowable items in Paragraph A above shall not exceed twenty-
five (25) feet above the height used to establish a required minimum Yard.
6.49
Notwithstanding other provisions of these regulations, the height of all
Structures and natural growth shall be limited by the requirements of the
Federal Aviation Agency and any airport zoning regulations applicable to
Structure and natural growth.
C.
UNUSED FLOOR AREA
Intent. These regulations are intended to provide for greater flexibility in the
pattern of Development by allowing for the Transfer of Development Rights
(Unused Floor Area) from one parcel to another when said parcels are separated
by a Street.
TRAN_SFER OF DEVELOPMENT RIGHTS
A.
6-29
Districts
Development Rights (Unused Floor Area) shall only be transferred from
properties in designa ted transfer districts to properties in designated recei ving
districts. For purposes of this Section the R-PSl, R-PS2, GU and the MXE Mixed
Use Entertainment Districts are designated as transfer districts and the CD-3
(when not located in the Architectural District), the C-PS2 and C-PS4 districts
are designated as receiving districts; however, there shall be no Transfer of
Development Rights (Unused Floor Area) from a GU District to any district
other than the C-PS4 District. In a locally designated Historic District or Site,
a historic structure (as listed in the Historic Property Database) that has
received a Tax Credit or qualifies as a "certified rehabilitation" according to the
U.S. Secretary of the Interior Standards, may transfer its development rights to
a hotel development. However, such hotel development shall not be within the
Architectural District but within a receiving district as listed in this paragraph
and meet all of the requirements of this section. For the purposes of this
section, a lot or portion thereof which is within or part of a locally designated
district or historic site shall not be allowed to transfer the development rights
unless it is developed as a parking lot or garage. Lots in a transfer district may
be called Transfer Lots or Properties and Lots ina receiving district may be
called Receiving Lots or Properties.
nsfer and Receivin
Tr
B.
Unused Floor
Develo
Transfer of
the
to
Pertainin
Proced u res
Area)
c.
lica tion.
An Applicant for Transfer of Development Rights shall file an
application with the Planning and Zoning Director who shall place
the request on the agenda of the Planning Board after it is
determined that the application is complete. Filing and processing
procedures for placing the request on the agenda shall be pursuant
to the Conditional Use procedures as listed in Section 17 of the
Zoning Ordinance.
A
a.
The application shall include plans, construction schedule, status
of financing and a general description of the manner in which the
project shall be constructed. Plans shall include, but not be
limited to, a Site Plan, elevations, landscaping as well as other
items listed in Section 21 of this Ordinance.
6.50
b.
c. The application shall include substantiation of how the project
complies with the criteria listed in Section 6-29.C.2.
d. If Variances are required, the Transfer of Development Rights
(Unused Floor Area) shall first be approved by the Planning Board
and then the Board of Adjustment may consider requests for
variances; however, it is not within the Board of Adjustment's
jurisdiction to consider variances relating to the following
development regulations: floor area, floor area ratio or those
regulations listed in Section 6-29,C.3.b.d,e,f,g, or h of this
Ordinance. Deviation from these development regulations are
considered as an Amendment to the Zoning Ordinance and shall
be considered pursuant to Section 14.
e. All projects are required to be approved by the Design Review
Board prior to consideration by the Planning Board or Board of
Adjustmen t.
2. Evaluation Criteria - A request for a Transfer of Development Rights
(Unused Floor Area) shall only be approved if the Planning Board finds
that the application is consistent with the following Mandatory Criteria.
a. The project is consistent with the Comprehensive Plan and will
not reduce the levels of service set forth in the Plan.
b. The project is consistent with the intent of these regulations as
set forth in Section 6-29.A.
c. The project provides adequate Off-Street Parking facilities, the
enhancement or creation of view corridors either through the
Building(s) or within open space that is in addition to the required
setbacks.
d. The transfer of Unused Floor Area is desirable for purposes of
enhancing the overall Development; the creation of view corridors;
improves the pedestrian environment, public right of way and
publicly owned property.
e. The Transfer of Development Rights (Unused Floor Area)
accomplishes a public purpose that is consistent with the
Comprehensive Plan.
f. The proposed development shall be designed to produce an
environment of desirable character and in harmony with the
neighborhood. The provisions herein are intended to result in a
superior quality of development and open space relationships with
high standards for recreational and parking areas.
g. A logical and superior pattern of development results through the
Transfer of Development Rights (Unused Fl'oor Area) rather than
in projects that would OCcur if the property(s) were developed
independently of one another.
6.51
ulations
The project shall be consistent with the development regulations
as set forth in the Zoning Ordinance, unless the Board of
Adjustment grants a variance(s) to said development regulations.
(See Section 6-29.C.1.d which lists what types of requests are not
within the jurisdiction of the Board of Adjustment).
Dcyclo
a.
3.
The Maximum Floor Area for the entire project shall not exceed
the combined Floor Area as determined by the underlying Zoning
Districts of each of the individual parcels that are shown on the
site plan. The amount of Floor Area transferred shall be
determined by the maximum permitted Floor Area allowed on the
transferring Lot minus the provided Floor Area; but, excluding
Floor Area in parking Garages and commercial uses if they are
incl uded in a parking Garage.
b.
If the developments contains a Building which is listed in the
Miami beach Historic Property Data Base, then the maximum
allowed Floor Area that may be transferred excludes the Floor
Area in the existing Building if said Building is designated as a
Local Historic Site and it is substantially rehabilitated in
accordance with the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings. A Building Permit and Certificate of Occupancy or
Certificate of Completion for the rehabilitation shall be issued
at the same time or before a Building Permit and Certificate of
Occupancy or Certificate of Completion is issued for the structure
on the Receiving Lot.
c.
A Receiving Property shall not exceed the maximum allowed Floor
Area provisions on a Receiving Lot by more than 20%. The
transferred Floor Area shall only be permitted after a
Development has achieved the maximum permitted FAR allowed
in the district through the design bonuses as listed in Section 6-
24. Any Floor Area that is transferred to a Receiving Property
and which is used as units shall meet or exceed the average Floor
Area per unit size provided in the Building.
d.
No more than 25% of the required parking shall be placed in a
building on a Lot that received the Transfer of Development
Rights (Unused Floor Area).
e.
If a Garage is constructed on a Transfer Lot, it shall contain retail
uses on the ground floor elevation that faces Collins A venue,
Alton Road or 5th Street. The development regulations pertaining
to parking Lots and Garages are set forth in Section 6-25, B-14.
f.
of each other.
wide and 50,000
be within 400 ft.
Minimum dimension of a Receiving Lot - 200 feet
square feet of Lot Area.
Lots contained on the site shall
All
g.
h.
In a receiving district, the front setback for the Pedestal and the
Tower shall be 50 feet. However, if the project contains retail uses
on the ground floor facing the Street, the front setback for the
6.52
Pedestal shall be 15 feet with a height restriction of 20 feet and
the Tower front setback shall be 50 feet.
j. Any project that is located in the Dune Overlay District shall, at
the request of the City, continue, extend or connect to the City's
Beachfront park and Promenade in accordance with the
established guidelines. Projects adjacent to Biscayne Bay or
Government Cut shall include a pedestrian walkway which may
or may not be accessible to the general public; however, walkways
on sites adjacent to the Miami Beach Marina shall be open to the
general pu blic.
k. Transfer Properties in different projects fronting on the same
Street which have a parking garage that is 50% or more of the
total Floor Area of the Building shall be no less than 400 feet from
another Transfer Property that is similarly developed.
I. These regula tions are only applica ble when the Receiving Property
contains new construction on the entire Lot or if the Receiving
Property has a historic structure as a main permitted Building.
m. The Planning Board may impose conditions on the project to
insure that the project is compatible with the neighborhood,
supports the intent of these regulations, does not reduce the levels
of service as set forth in the Comprehensive Plan and mitigates
any negative impacts that may result from the development of a
project under these regulations.
n. The Design Review Board may require a greater setback than that
which is required in order to achieve a view corridor.
4. Recording of Documents - Within a reasonable time after the Planning
Board's decision on the request to Transfer Development rights (Unused
Floor Area), a Final Order shall be recorded by the Applicant in the
Public Records of Dade County, against all of the properties in the
Development. The Final Order shall be recorded against the transfer and
Receiving Properties. The Final Order shall include the amount of
Development Rights (Unused Floor Area) that was transferred and
received for each property and the amount of required parking that shall
always be made available to the receiving property and be in the form
of an irrevocable covenant running with the land. Said covenant shall
only be dissolved if the Floor Area that was built on the Receiving
Property is completely removed. The Applicant shall agree to bind
themselves, successors and all of the property in the Development with
regard to conditions, if any, that are placed on the development. All
documents that are required to be recorded in the Public Records of Dade
County by these regulations shall first be approved by the City Attorney.
5. Changes in the Develooment
The Final Order(s) and documents that are required to be recorded
against the property(s) in the Public records of Dade County shall not be
changed unless such change is approved by those agencies and boards
which were in vol ved in the initial approval.
6.53
SECTION 7
PARKING REGULATIONS
7-1 PARKING DISTRICTS ESTABLISHED
For the purpose of establishing Off-Street Parking requirements, the City of Miami
Beach shall be divided into two parking districts.
A. Parking District No. I - Parking District No. I is that area not included in
Parking District No.2.
B. Parking District No.2 - Parking District No.2 includes those properties with a
Lot Line on Lincoln Road from the west side of Washington A venue to the east
side of Alton Road.
7-2 OFF-STREET PARKING REOUIRED
Except as otherwise provided in this Ordinance, when any Building or Structure is
erected or altered, accessory Off-Street Parking Spaces shall be provided for the
Building, Structure or additional Floor Area as follows:
A. Parking District No. I -
1. Adult Congregate Living Facilitv - 1 space per 2 beds.
2. Amusement Place. Video Arcade. Dance Hall. Skating Rink. Auditorium
or Exhibition Hall without fixed seats - 1 space per sixty (60) feet of
Floor Area available for seats.
3. Animal Hosoital - 1 space per 400 square feet of Floor Area.
4. Aoartment Building and Aoartment-Hotel or Hotel - I ~ spaces for each
Apartment Unit and 1 space per Hotel Unit.
5. Auditorium. Ballroom. Convention Hall. Gvmnasium. Meeting rooms or
other similar olaces of assembly - I space per 4 seats or I space per 60
square feet of Floor Area where there is no seating.
6. Bar - 1 space per 4 seats and 1 space per 60 square feet of area not
u tilized for sea tinge
7. Bowling Allev or Pool Room - 1 space for each alley or per billiard or
pool table.
8. Bus Sta tion - I space per 60 square feet of Floor Area.
9. Cabana - I space per two Cabanas.
10. Cafe. Beachfront - shall have no parking requirement.
11. Cafe. Outdoor - 1 space per 4 seats.
12. Cafes. Sidewalk - shall have no parking requirement.
7.1
seating
bench
or
sea ts
6
space per
Ie
13.
space per 3 sea ts
College - 1 space per 5 seats in the main auditorium or
per classroom, whichever is greater.
14.
of Floor
50 square feet
space per
1
Dormitorv - 1 space per two beds or
Area whichever is greater.
15.
Area
in chambers
of Floor
space per 6 seats or bench seating spaces
square feet
space per 300
1
Institutions
Financial
16.
Funeral Home
and chapels.
Furniture Store. Hardware. Machiner E ment and Automobile and
Boat sales and service - 1 space per 400 square feet of Floor Area.
17
18.
General service or reoair establishment - printing, publishing, plumbing,
heating, broadcasting - 1 space per 1,000 square feet of Floor Area.
19.
space
fish. meat
Stores. Suoermarket - fresh fruit
square feet of Floor Area.
20.
spaces per
High School - 1 space per 12 seats in the main auditorium or
6 seats in a classroom, whichever is greater.
l.
2
apply
The number of Off -Street Parking Spaces required for any Structure shall
be determined by the primary Use of the Structure in accordance with
the requirements as follows:
"HD" Hosoital Districts - The following parking regulations shall
to Structures situated in the "HD" Hospital District:
22.
bed.
facility - 1 space per 5 seats in the main auditorium
per 3 seats per classroom, whichever is greater.
Hospital
~ spaces per
Educational
or I space
Hosoital
a.
b.
and h
3 B.2
as identified in Section 6-1
square feet of Floor Area.
Offices and Clinics
space for each 400
c.
space
3 B.2
Hosoital Staff offices as identified in Section 6-
for each 350 square feet of Floor Area.
d.
of Floor
square feet
listed in
Uses
,000
irement for
space for each
When not listed above, the parking requ
this Section shall apply.
Research Facilit
Area.
e.
f.
or Motor Lodge - Hotels located in the Miami Beach
District or within 400 feet of the Civic and Convention
District - 1 space per 2 Hotel Units.
HoteL Motel
Architectural
Center (CCC)
23
n main
5 sea ts
space per
Junior High. Elementarv or Nurserv Schoo
assembly room plus 1 space per classroom.
7.2
24.
25. Laundrv - I space per 500 square feet of Floor Area.
26. Manufacturing or Industrial Establishment. Research or Testing
Laboratorv. Creamery. Bottling Plant. Wholesale. Warehouse or similar
establishment - 1 space per 1,000 square feet of Floor Area.
27. Marina - I space per two wet slips; I space per 10 slips in dry dock
storage facility.
28. Nightclub - I space per 4 seats and 1 space per 60 square feet of area not
utilized for seating.
29. Nursing Homes - I space for each 2 beds.
30. Office or Office Building - I space per 400 square feet of Floor Area,
however, medical offices and Clinics shall provide 1 space per 300 square
feet.
31. Private Clubs. Countrv Clubs. Fraternities. Sororities and Lodges - I space
per 250 square feet of Floor Area.
32. Restaurants or other establishment for consumotion of food or beverages
on the Premises - 1 space per 4 seats; take out Restaurant with no seats _
1 space per 300 square feet of Floor Area; take out Restaurant and home
delivery with no seats - 1 space per 200 square feet of Floor Area.
Parking requirements for Restaurants offering a combination of services
shall be cumulative. Restaurants that have an Occupational License for
a Nightclub or Bar shall meet the parking requirement indicated for those
Uses.
33. Retail Store. Coin Laundrv. Drv Cleaning Receiving Station. Financial
Institutions. Stock Brokerage or Personal Service Establishment - as a
main permitted Use, 1 space per 300 square feet of Floor Area; as an
Accessory Use, I space per 400 square feet of Floor Area.
34. Rooming. Boarding or Lodging House - 1 space per Hotel Unit plus 2
spaces for the Building.
35. Sin21e-Familv detached dwelling - 2 spaces.
36. Shoooing Center - 1 space per 300 sq. ft.; however, the parking
requirements for eating and drinking Uses shall be as established under
7-2.A.32 above.
37. Theatre - 1 space per 4 seats.
38. Teleohone Exchanges or Eauioment Buildings - 1 space per 1,500 square
feet of Floor Area.
39. Townhouse - 2 spaces for each unit plus 1 designated guest space per 5
uni ts.
7.3
Parking
this
in
Uses
for
iremen t
requ
No.2
There shall be no Off-Street Parking
District except for those listed below:
District
Parkin
B.
it
each un
for
spaces
~
Aoartment Buildin artment-Hotel
regardless of size or number of bedrooms.
1.
The parking requirement may be satisfied by entering into a
Development Agreement with the City to provide for said parking
through the construction of facilities over City owned properties (air
rights) or by providing for Off-Site Parking facilities in accordance with
Section 7-3 of this Ordinance.
space for every 2 beds.
Con
Adult
2.
Area
of Floor
space per 400 square feet
Offices
3.
space per 4 sea ts.
Zoning Districts exemoted from Providing Parking - There shall be no required
parking for any Use located in the Dune Overlay District or Waterway Districts
1 & 2.
Thea tres -
4.
c.
OFF-SITE FACILITIES.
All parking spaces required herein shall be located on the same Lot with the
Building or Use served, or within a distance not to exceed 1200 feet from such
Lot. The distance separation shall be measured by following a straight line
from the Lot on which the main permitted Use is located to the Lot where the
Parking Lot or garage is located.
A.
7-3
Where the required parking spaces are not located on the same Lot with the
Building or Use served and used as allowed in paragraph 7-3,A above, a Unity
of Title shall be prepared for the purpose of insuring that the required parking
is provided. Said Unity of Title shall be executed by owners of the properties
concerned, approved as to form by the City Attorney, recorded in the public
records of Dade County as a covenant running with the land and shall be filed
with the application for a Building Permit.
B.
this
of
to Section 7 -6,H
be pursuant
facilities shall
7.4
Temporary Parking Lot
Ordinance.
C.
7-4 INTERPRETATION OF OFF-STREET PARKING REOUIREMENTS
A. The parking required herein is in addition to space for storage of trucks or other
vehicles used in connection with a business, Commercial, or industrial Use.
B. Where fractional spaces result, the parking spaces required shall be construed
to be the next highest whole number.
C. The parking space requirements for a Use not specifically listed in this Section
shall be the same as for a listed Use which generates a similar level of parking
demand.
D. In the case of mixed Uses, Uses with different parking requirements occupying
the same Building or Premises, the parking spaces required shall equal the sum
of the requirements of the various Uses computed separately, except when the
amount of required parking spaces is computed under the Shared Parking
provisions as set forth in Section 7-10.
E. Whenever a Building or Use, constructed or established after the Effective Date
of this Ordinance, is changed or enlarged in Floor Area, number of Apartment
or Hotel Units, seating capacity or otherwise, to create a requirement for an
increase in the number of required parking spaces, such spaces shall be provided,
or the impact fee paid, whichever is permitted under this Ordinance, on the
basis of the enlargement or change.
F. Whenever a proposed Use does not indicate the specific number of Persons to
occupy such area, the required parking shall be computed on the basis of one
Person per 15 square feet of Floor Area, the parking requirement shall then be
calculated as listed in Section 7-2.
G. Handicapped parking facilities shall be provided as required by the South
Florida Building Code. These spaces shall be included within the amount of
parking that is required under this Ordinance.
H. For non-residential Uses, the parking calculation shall be the gross Floor Area
of the Building.
7-5 DESIGN STANDARDS.
A. Minimum Area. With the exception of parking spaces that are permitted in
Section 7-6,B, when a standard Off-Street Parking Space is an all weather
surfaced area, not in a Street or Alley, and having a width of not less than eight
and one half (8 1/2) feet and length of not less than eighteen (18) feet except
for parallel parking, such space shall be twenty-one (21) feet in length. The
length required shall be measured on an axis parallel with the vehicle after it
is parked. The width required is to be column- free clear space, except those
standard Off-Street Parking Spaces immediately adjacent to a structural column
within an enclosed parking Structure may have a width of eight (8) ft. The
required area is to be exclusive of driveways, permanently reserved for the
temporary parking of one (1) automobile and connected with a Street or Alley
by an all-weather surfaced driveway. This driveway must be contiguous to the
Parking space and afford unobstructed ingress and egress for an automobile to
be moved, except where vehicles are parked by a parking attendant. Attendant
parking spaces shall not apply toward the computation of the minimum parking
requirements except for Hotel Units in Hotel or Apartment/Hotel Buildings.
7.5
For Hotels, Apartment Buildings and eating and drinking establishments which
are within a Redevelopment Area or within nationally or locally designated
Historic Districts or Hotels having more than 200 units, the required parking
may be provided on a valet basis in at-Grade Lots or parking Structures. The
valet space shall be eight (8) feet by sixteen (16) feet with a maximum stacking
of four (4) vehicles with an aisle of at least 20 feet at the each end. An aisle
is not required between stacked cars and a wall or lot line. The setback
requirements for a valet parking lot or garage are listed in Section 6-25,B.14.
B.
Drainage and Maintenance. Off-Street Parking facilities shall be drained to
prevent damage to abutting property and/or public Streets and Alleys and
surfaced with erosion-resistant material in accordance with applicable City
specifications. Off-Street Parking areas shall be maintained in a clean, orderly,
and dust free condition at the expense, of the owner or lessee and shall not be
used for the sale, repair, or dismantling or servicing of any vehicles, equipment,
materials or supplies.
c.
imum
min
the following
to the interior
drive set back an
measured from the
to the face of the
or exceed
twenty-two (22) feet, with columns parallel
drive on each side of the required
addi tional one (1 ) foot six (6) inches,
edge of the required interior drive
column.
eleven (11 ) feet.
- seven teen (I 7) feet.
ten (10) feet, six (6)
meet
drives shall
Drives. Interior
permi tted:
parking
parking
parking
parking
In terior
dimensions
902
452
602
302
D.
inches.
ill ustra tions:
the following
Further defined by
Co
-
<u
(\J
450 Po.rking
900 Po.rking
(\.J
(\.J
300 Pa.rking
7.6
600 Pa.rking
~
-
E. Marking. Parking spaces shall be marked by painted double lines or curbs or
other means to indicate individual spaces. Each individual space shall be
provided with a car stop, curb or other similar device which is at least (two and
one half (2~) feet from the end of the parking space to prevent vehicular
encroachment. Signs or markers shall be used as necessary to ensure efficient
traffic opera tions of the Lot.
F. Li2hting. Adequate lighting shall be provided. The lighting shall be arranged
and installed to minimize glare on property in a residential district. Parking
facilities shall be illuminated from 1/2 hour after sunset to 1/2 hour before
sunrise at the levels specified below with a uniformity ratio of 10:1:
USE
MIN. ILLUM. (FC)
.4
.4
.6
.9
Residential lots
Commercial lots
small (5-10 spaces)
medium (11-99 spaces)
large (100+ spaces)
G. Screenin2 and Landscaoing. At Grade Parking Lots and parking garages shall
conform to the minimum Landscape Standards as set forth in Section 8-6.
H. Temoorarv Parking Lot Standards. When permitted, the following standards are
established for Temporary Parking Lots:
1. Temporary Commercial or non-commercial Parking Lots may be operated
in the MR Marine District, GU Government Use District, MXE or C- PS
1-4 Districts. These Lots may be operated independent of a primary Use.
Temporary, non-commercial Lots may be located in the R-PSI-4 and in
any multi-family residential district or within the Architectural District
as defined in Section 3-2,A of this Ordinance. One Sign per Street
frontage is permitted. The maximum size of each Sign shall be five (5)
square feet per Fifty (50) feet of Street frontage.
2. Parking Lots shall be brought to Grade with no less than one (1) inch of
asphalt over a four (4) inch limerock base; however, the Public Works
Director may require a six-inch limerock base or thicker asphalt based
upon conditions at the Site, the intensity of the Use at the Site or if
trucks are intended to be parked on the Site that would require the
additional base support. Prior to the issuance of an Occupational License
for a Temporary Parking Lot, the Applicant shall submit a maintenance
and watering plan which is approved by the Planning and Zoning
Departmen t.
3. Should the City Manager find that the operation of a Temporary Parking
Lot has an adverse effect on the welfare of surrounding properties, he
may revoke the license pursuant to the procedures set forth in Section
20-27 of the Miami Beach City Code upon 48 hour written notification
to the Applicant.
4. Use of Temporary Parking Lots shall not be for parking which is
required by the Zoning Ordinance.
5. All Lots considered under this Section shall be reviewed pursuan t to the
Design Review regulations.
7.7
All Lots located South of Biscayne Street or located in a Residential
Zoning District shall require a public hearing pursuant to the Conditional
Use procedures as set forth in Section 17-4,C.
6.
Prior to the issuance of an Occupational License, a covenant running
with the land which lists the applicable requirements of this Section shall
be recorded in the public records of Dade County.
7.
Temporary Parking Lots shall not be permitted to exist for a period of
time greater than three (3) years from the date of Building Permit
issuance regardless of ownership. At the end of this period, if the lot
continues to be used for the purposes of parking, a permanent lot shall
be constructed in conformity with the Zoning Ordinance; however, an
Applicant may request one extension of time for a period not exceeding
two (2) years from the Planning Board.
8.
If the Lot is paved and not operated on a valet basis, then all parking
spaces shall be marked by painted lines or curbs or other means to
indicate individual spaces and wheel stops shall be provided. Vehicles
shall not back out onto any Street. The size of the parking spaces,
back-out areas and exit/interior drives shall not have dimensions less
than those required in Section 7-6,A-D of the Zoning Ordinance. Lots
operated on a valet basis shall have wheel stops at the edge of the
pavement. All wheel stops required in this subsection shall be placed no
less than four (4) feet away from each other.
9.
There shall be a five (5) foot wide, landscaped area bordering the
surfaced area along a property line, Street Alley or sidewalk. The front
and rear areas shall be landscaped with canopy trees (minimum of two
(2) trees per fifty (50) feet of Street and Alley frontage). All landscaped
areas shall utilize St. Augustine Grass or planted material acceptable to
the Planning and Zoning Department. A two and one half (2 ) foot high
hedge shall be placed along the side and rear property lines.
10.
No interior landscaping is required; however, all landscaping that IS
placed on the Lot shall be maintained in good condition so as to present
a healthy, neat and orderly appearance.
11
all
fifty (50) feet of
is acceptable
Water for irrigation shall be available within
landscaped areas. A hose bib or an in-ground system
12.
and Zoning
Prior to the
approve the
Prior to the issuance of a Building Permit, the Planning
Department shall approve the Site Plan and landscaping.
issuance of an Occupational License, the Department shall
placement of landscaping.
13.
Surface storm water shall not drain to adjacent property or a public
right- of-way. If the Public Works Director determines that there is
insufficient area to accommodate drainage, he may require that for every
1,000 square feet of surface parking area, there shall be two (2)
twenty-four (24) inch diameter round auger holes drilled to a depth of
two (2) feet below ground water and filled with rough, washing, ballast
rock, brought to within six (6) inches of an auger hole inlet casting.
7.8
14.
15. Any temporary parking lot that is non-conforming to these regulations
six (6) months after the Effective Date of this Ordinance or upon the
expiration date of an existing Occupational License, whichever is later,
shall cease to exist.
7-6 OFF-STREET LOADING SPACE REOUIREMENTS
When any Building or Structure is erected, structurally altered, or converted in Use,
accessory Off-Street Loading Spaces shall be provided for the Building, Structure,
additional Floor Area or new Use in accordance with the following schedule:
A. For each retail store, department store, Restaurant, wholesale house, warehouse,
repair, general service, manufacturing or industrial establishment, or similar
Use, which has an aggregate Floor Area in square feet of:
1.
2.
Over 2,000 bu t not over 10,000
Over 10,000 but not over 20,000
Over 20,000 bu t not over 40,000
Over 40,000 but not over 60,000
For each additional 50,000 over 60,000
1 space
2 spaces
3.
4.
5.
3 spaces
4 spaces
I space
B. For each office Building, Hospital or similar institutions, places of public
assembly, or similar Use, which has an aggregate Floor Area in square feet of:
1.
2.
3.
4.
Over 5,000 bu t not over 10,000
Over 10,000 but not over 100,000
Over 100,000 bu t not over 200,000
For each addi tional 100,000 over 200,000
I space
2 spaces
3 spaces
1 space
C. For any residential Building or Hotel Building:
4.
1.
2.
3.
Over 36 units but not more than 50 units
I space
Over 50 units but not more than 100 units
2 spaces
Over 100 units but not more than 200 units
3 spaces
For each additional 100 units or fraction
thereof, over 200 units
1 space
D. Required Off-Street Loading Spaces are not to be included as Off-Street Parking
Spaces in the computation of required Ofr -Street Parking Spaces.
E. Off-Street Loading Design Standards
1. Size and Location. For the purpose of these regulations a Loading Space
is a space within the main Building or on the same Lot, logically and
con venien tl y loca ted for bul k pick-ups and deli veries, sca led to del i very
7.9
to
vehicles expected to be used but not less than 10' x 20', and accessib
such vehicles when required Off-Street Parking Spaces are filled.
e
Drainage and Maintenance. Off-Street loading facilities shall be drained
to prevent damage to abutting property and/or public Streets and Alleys
and surfaced with erosion-resistant material in accordance with
applicable City specifications. Off-Street Loading areas shall be
maintained in a clean, orderly and dust-free condition at the expense of
the owner or lessee and shall not be used for the sale, repair, dismantling,
or servicing of any vehicles, equipment, materials, or supplies.
2.
Entrances and Exits. The location and design of entrances and exits shall
be in accordance with applicable traffic regulations and standards as
designed for truck loading and unloading, such entrance or exit shall be
designed to provide at least one Off-Street Loading Space. However, no
such Loading Space shall be located in the required Front Yard setback.
3.
PARKING IMPACT FEE PROGRAM
Where there is inadequate area available on-Site, or at a location within 1200 feet of
the Site, for providing some or all of the parking spaces required by this Ordinance
for a given Use, the parking requirement may be fulfilled by payment of an impact fee
instead, as provided herein. However, in no instance shall the su bsti tu tion of an impact
fee result in a new residential Development which provides less than one (1) parking
space per unit.
7-7
Fee Calcula tion
New Construction - The impact fee shall be satisfied by a one-time
payment at the time of issuance of a Building Permit of $5000 or such
amount as shall be determined in accordance with Section 7-7 A.3 for
each Required Parking space not provided.
1.
A.
Existing Structures - When alteration or rehabilitation of a Structure,
results in an increased parking demand, regardless of the value of the
work, the impact fee shall be satisfied by one of the following:
2.
a bove, or
A yearly payment in the amount of 6% of the payment required
by Subsection 7-7,A.l which shall continue as long as the Use
exists. (The amount of said payment may vary from year to year
in accordance with the determination set forth in Subsection 7-
7,A.3.) However, in lieu of continued yearly payments, a one-
time redemption payment may be made at any time of the full
amount due pursuant to Subsection 7-7,A.l; said amount shall be
based upon the latest determination made pursuant to Subsection
7-7,A.3 as of the time of the redemption payment rather than upon
the amount which would have been due if the fee had been paid
at the time the work was done, regardless of the number of yearly
payments made previously. However, when New Floor Area is
added to the existing Building, the impact fee shall be as set forth
in Section 7-7, A-I above.
7.10
forth in Subsection 7-7.A.
as set
time payment
A one
a.
b.
3. The amount determined to be the City's cost for construction of one
parking space shall be determined by the Board of Adjustment yearly and
shall be based upon data supplied by the various City departments
involved with said construction; the figure shall be revised as need be
from time to time.
B. Fee Collection.
1. New Construction - one time payment. The impact fee shall be paid in
full at the time of application for the Building Permit; said fee shall be
refunded if construction does not commence prior to expira tion of the
Building Permit.
2. Existing Structures and which elect yearly payment plan- The first
impact fee payment shall be paid prior to the issuance of a Building
Permit and shall be applied at the time the Certificate of Use is issued.
If no Building Permit is needed, the first payment shall be due at the
time the Occupational License or Certificate of Use, whichever is earlier,
is issued. The second payment shall be due June 1st following the
issuance of the Occupational License or Certificate of Use, whichever
is earlier, and the amount due shall be prorated. Subsequent annual
payments shall be paid in full by June 1st as long as the Use exists, the
amount of the payment is set forth in Section 7-7,A-2.b above.
3. Existing structures- one time redemption payment- this payment may be
made at any time and shall be in the amount determined by application
of the formula for one time payment as set forth in Section 7-7, A.2.b
above.
4. Late payments - Monthly interest shall accrue on unpaid funds due to the
City under the Impact Fee Program at the maximum rate permitted by
law. Additionally, a fee in the amount of 2% of the total due shall be
imposed monthly to cover the City's costs in administering collection
procedures.
5. Failure to pay - Any participant in the Impact Fee Program who has
failed to pay the required fee within three (3) months of the date on
which it is due shall be regarded as having withdrawn from the Program
and shall be required to provide all parking spaces required by this
Ordinance or cease the Use for which said spaces were required. Failure
to comply shall subject said participant to enforcement procedures by
the City and may result in fines of up to $250 per day and liens as
provided by law.
C. Funds generated by the Impact Fee Program shall be deposited in a City account
specifically established to provide parking and related Improvements in the
vicinity of the subject property. The Planning and Zoning Director shall
maintain a map which includes a listing of the districts and accounts.
D. The required number of parking spaces may be provided in a facility developed
through a joint venture agreement with the City or by a private entity in which
the required number of parking spaces in a parking facility is specifically
reserved for Use by the Applicant. Agreements regulating privately owned
parking facilities shall be approved by the City Attorney, those relating to City
owned property shall be approved by the City Commission. All agreements
7.11
Dade
of
records
the public
n
recorded
be
shall
su bsection
this
to
pursuant
County.
Section
this
the requirements of
be granted from
No variances shall
E.
PARKING CREDIT SYSTEM
Whenever a Building or Use that was established prior to the Effective Date of
this Ordinance is changed in a manner that results in an increase in the number
of required Parking spaces, the following regulations shall apply.
A.
7-8
Any Building or Use that lawfully exists on the Effective Date of this
Ordinance shall receive a parking space credit equal to the number of
parking spaces required prior to the adoption of this Ordinance. The
parking credit shall run with the land and shall be applied toward the
required Parking as follows
1
the
the area within
to
The Parking credit shall only be applied
existing shell of the Building.
a.
Parking credits shall not be applicable to Buildings in the
Redevelopment Area, MXE Mixed Use Entertainment District. or
when all or a portion of a building has been demolished.
b.
Notwithstanding paragraph 1, when a Building is rehabilitated at a cost
greater than fifty (50) percent of the Building's assessed value and when
said Building contains Hotel Units, no parking credits shall be given for
required Parking spaces for Apartment Units which are proposed to be
converted to or replaced with new Hotel Units.
2.
RPLllS_AND UNDER-UTILIZED PARKING SPACES
S
7-9
Soaces
When a Development contains parking spaces in excess of the number required
by this Ordinance, such spaces shall be considered as surplus parking. These
surplus spaces may be leased to another property for Use as required Parking
spaces, if the surplus spaces are within 1200 ft. of the Development leasing such
spaces. The lease agreement shall be approved by the Planning and Zoning
Director and the City Attorney's Office prior to its execution and it shall be
recorded in the public records of Dade County, for each of the affected
properties, prior to the issuance of a Building Permit or Occupational License,
whichever is earlier. When the Development that contains the surplus parking
changes to a Use that requires additional parking, such Use shall not receive a
Building Permit or Occupational License until the City receives documentation
that a parking shortfall has not been created for any other Use that may have
been utilizing the surplus parking.
Parkin
Ius
Sur
A.
Soaces
When a Building or Development contains required parking spaces that are being
under-utilized, such spaces may be leased to another party. However such spaces
shall not be considered as Required Parking spaces of the lessee. In order to
determine if a Development has under-utilized spaces, the Applicant shall submit
7.12
Under-utilized Parkin
B.
an annual report to the Planning and Zoning Director substantiating this
finding. The Director shall approve or deny the report based upon the report
of the City department verifying the results of the annual report. A fee of $20
per space shall be paid for purposes of offsetting the cost of administra ting this
Section.
7-10 SHARED PARKING
Two or more Uses shall be permitted to share the same required Off-Street Parking
Spaces in a common parking facility on the same Lot if the hours or days of peak
parking for the Uses are so different that a lower total will provide an adequate
number of spaces for all Uses served by the facility, according to the following table.
WEEKDA YS WEEKENDS
Daytime Evening Daytime Evening Nighttime
( 6AM-6PM) ( 6PM-6AM) ( 6AM-6PM) ( 6PM- (midnight-
midnigh t) 6AM)
Office or 100% 5% 10% 5% 5%
Banks
Retail 60% 20% 80% 60% 5%
Hotels 50% 60% 60% 100% 75%
Restaurant 50% 75% 75% 90% 10%
Thea ter 10% 70% 20% 90% 10%
Nightclubs 5% 50% 5% 100% 90%
Other Uses 100% 100% 100% 100% 100%
a. Method of calcula tion -
Step 1 -- For each of the five time periods, multiply the minimum number of
parking spaces required by Section 7-2, Parking Regulations.
Step 2 -- Add the results of each column. The required number of parking
spaces shall equal the highest column total.
b. The land uses served by the shared parking facility shall be in single ownership
or unity of title or long term lease.
7-11 VALET PARKING
Required parking for new or substantially renovated Hotel Buildings, Hotel Accessory
Uses, Nightclubs or Restaurants in excess of 200 seats may be satisfied through the
provisions of valet parking spaces.
7.13
SECTION 8
LANDSCAPE STANDARDS
8-1 PURPOSE
A. These regula tions are designed to result in the placemen t of landscape ma terials
in such manner as to improve highly visible tourist, commercial and residential
areas of the City, to protect and preserve Landscape Features, and to enhance
the value of property.
8-2 SCOPE OF REVIEW
A. All elements of landscaping shall be selected for their functional value, aesthetic
appeal and consistency with the Comprehensive Plan and Neighborhood Plans.
Landscape plans shall be in compliance with the following criteria:
1. provision of shade and coolness;
2. enhancement of architectural features;
3. achievement of beauty and pride in the community;
4. enhancement of the tropical image of the community;
5. separation of incompatible Uses or obtrusive
elemen ts;
6. amelioration of the impact of noise and light;
7. integration of any Structures with adjacent body of water; and
8. preservation and protection of existing plant materials and energy
conserva tion.
8-3 APPLICABILITY AND EXEMPTIONS
A. AooIicabilitv. All Building Permits for new construction, Substantial
Rehabilitation or additions to existing Buildings when located in areas
designated for Design Review pursuant to Section 18-2,A, projects that are
reviewed under the Conditional Use or Variance procedures and property in the
Redevelopment Area. The Planning and Zoning Director shall conduct all
landscape reviews pursuant to the regulations set forth herein and consistent
with the Design Review regulations as set forth in Section 18. The landscape
review shall include but not be limited to parking decks, all Required Yards,
decks associated with recreational facilities, or any Open Space areas that are
visible to the public.
B. Permits for Demolition or wrecking shall require a landscape survey to insure
that valuable existing trees are not damaged or destroyed; however, the
submission of the survey may be waived by the Planning and Zoning Director.
In the event a survey is waived, the Applicant shall provide a detailed
landscape narrative.
1. Trees that have a trunk diameter of eight (8) or more inches shall not be
removed without the approval of the Planning and Zoning Director.
8.1
Exemotions. Exemptions to these regulations include all of the following
provided no new construction and/or additions to existing Buildings or removal
or damage to existing vegetation are required:
C.
fire
and
conditioning, elevators,
and other mecha nical
hea ting, air
equipment
All permits for plumbing,
alarms, and extinguishing
electrical equipment.
Any permit necessary for the compliance with a lawful order of the
Building Official, Fire Marshal, or Public Works Director including:
2.
immediate public health or safety.
the
necessary for
Any permit
a.
repairs.
Alterations and
in terior
permits for
All
b.
ELEMENTS OF THE LANDSCAPE PLAN
8-4
to:
mited
Ii
be
not
include but
Landscape elements shall
Palms,
fencing.,
such as
A.
not
in landscaping but
material commonly used
or sand.
Any non-living durable
limited to rocks, pebbles
2.
LANDSCAPE PLAN SUBMISSION
Prior to the issuance of a Building Permit, the Planning and Zoning Department
shall approve a landscape plan which includes the following:
A.
8-5
to
to remain
trees
location of all existing vegetation by name and size,
be relocated either on or off Site, or to be removed;
names,
location of all proposed landscape elements including botanical
common names, quantities, height, spread, spacing and Grades;
2.
paving materials;
all
3.
and planters;
benches,
such as
Si te furnishings,
all
4.
and
ng bed preparation
staking, plan ti
mulching, fertilizing,
5.
and
heigh ts
sizes,
ired
location
fix ture
if req u
lighting with
system,
irriga tion
existing and proposed
cut sheets.
the existence of
6.
7.
No Certificate of Completion, Occupational License, or Certificate of
Occupancy, shall be issued unless the Planning and Zoning Department has
determined that the installed landscaping substantially meets the requirements
as listed in the landscape plan.
8.2
B.
8-6 LANDSCAPE CRITERIA
When the Site is located in an area designated for landscape review, the following
regulations shall be used in evaluating the plans:
A. All districts exceot I-I
1. Surface/ground treatment. One (1) Canopy tree or grouping of three (3)
palms shall be provided for every twenty five (25) linear feet of
frontage in a Required Yard abutting a public right-of-way. Where a
driveway crosses a landscaped easement and a curb, cut is provided, the
driveway shall be paved with a hard surface material such as concrete,
asphalt, or decorative unit pavers and shall have a clearly defined edge
between paving and landscaped easement.
Any plantings located in the right-of-way including but not limited to
trees, shrubs, ground cover, and sod shall be maintained by the abutting
Property Owner and approved by the Planning and Zoning Department.
2. Hedges or other living barriers
a. Required Front Yards.
Hedges, ground cover, vines, and sod may be placed in the
Required Yards. Hedges or other living barriers not associated
with a fence or wall shall have a maximum height of five (5)
feet. Hedges or other living barriers provided in concert with a
fence or wall shall not exceed a height of five (5) feet or the
height of the permitted fence or wall, whichever is greater.
b. Required Interior or Side or Rear Yards.
Hedges shall not exceed ten (10) feet in height.
c. Side or Rear Yards Abutting a Right-of-Way.
Hedges or other living barriers not associated with a fence or wall
shall have a maximum height of five (5) feet. Hedges or other
living barriers provided in concert with a fence or wall may
reach a maximum height of five (5) feet or the height of the
permitted wall or fence, whichever is greater.
B. At-Grade Parking Lots
For the purpose of this section, the term "At-Grade" Parking Lot shall
~ encompass Commercial Parking Lots and Non-commercial Parking Lots as
described in Section 3-2 of the Ordinance and that portion of a Lot which is
underneath the Building and is At-Grade which is utilized for parking.
Notwithstanding the requirements in this Section in no instance shall the
required landscaped area be less than 20% of the total area, except for
Temporary Parking Lots which are subject to Section 7-6,H.
1. Required landscaping adjacent to the public right-of-way shall be
landscaped as follows:
8.3
Landscaping shall include one tree or grouping of three (3) palms
for each thirty (30) linear feet or any fraction thereof. Such trees
shall be located between the abutting right-of-way and Parking
Lot Area and shall be planted in a planting area of at least
twenty-five (25) square feet with a minimum dimension of five
(5) feet. In addition, a hedge, wall or other landscape barrier
not to exceed 3~ feet at maturity and at least two and one half
(2~) feet in height at the time of planting, shall be placed only
along the right-of-way. If such barrier is of nonliving material,
one shrub or vine shall be planted abutting the barrier for each
ten (10) linear feet. Such shrubs or vines shall only be planted
between the property line and barrier. The remainder of the
required landscaped areas shall be landscaped with grass, ground
cover, or other landscape treatment excluding paving.
a.
not
be
Any plantings located in the right-of-way including, but
limited to, trees, shrubs, ground cover, and sod shall
maintained by the abutting Property Owner.
b.
Necessary access ways from the Street through all such
landscaping shall be permitted to service the Parking Lot and
such access ways may be subtracted from the linear dimension
used to determine the number of trees required.
c.
lines:
The perimeter of parking areas abutting residential or commercial
properties shall provide, at a minimum, a five (5) feet landscaped strip.
The perimeter of the parking area shall also be screened with a wall or
hedge or other durable landscape barrier. The height of the screening
device shall not be greater than three and one-half (3~) feet nor less
than two and one half (2 ~) feet at time of planting. All landscape areas
along the perimeter of the parking areas abutting residential or
commercial properties shall provide one (1) tree or cluster of three (3)
palms for every forty (40) linear feet of property relating to an abutting
property.
property
rear
Perimeter parking adjacent to side and
2.
Landscaping:
Parking areas shall provide a minimum of five (5) percent of net interior
area as landscaping. One (1) tree or grouping of three (3) palms with a
clear trunk of at least six (6) feet shall be provided for each one
hundred (100) square feet or fraction thereof of required landscaped
area. Such landscaped areas shall be located and designed in such a
manner as to divide and break up the expanse of paving. In instances
where the strict application of this Subsection will seriously limit the
function of the parking area, the required landscaping ma y be loca ted
near the perimeter of the paved area. Such required interior landscaping
shall be in addition to the perimeter landscaping requirements.
Landscaped area shall require protection from vehicular encroach men t.
Car stops shall be placed at least three (3) feet from the edge of the
paved area. The minimum paved area designated as the required parking
space shall be as stated in Section 7-6 of this Ordinance. In no instance
shall the landscaped area be included within the required parking space
area.
8.4
Interior
Parking Area
3.
4. Notwithstanding the requirements in this Section, in no instance shall
the required landscaped area be less than twenty (20) percent of the total
area of the Parking Lot.
C. Other Vehicular Use Areas
Landscape requirements of vehicular Use areas, such as Service Stations, are
subject to regulations as stated in Section 8-6,B.
D. Parking Garages
Parking garage requirements for landscaping Use are subject to regulations as
stated in Section 8-6,A of this Ordinance.
E. Visual Barriers for Swimming Pools
Accessory swimming pools when located in a Required Yard facing a public
Street shall be screened from public view by a hedge, wall or fence not less than
five (5) feet in height. The hedge shall be planted and maintained so as to form
a continuous dense row of greenery as per the requirements of this Section.
The maximum height of the visual barrier shall be pursuant to Section 6-24.
F. Dumpsters shall not be located within any Front Yard or required Side or Rear
Yards. They shall be within an enclosed area.
G. Temoorarv Parking Lot Standards
Landscape standards and setback requirements are pursuant to Section 7-6,H of
this Ordinance.
H. Aooeals
All appeals regarding the interpretation of the Landscape Ordinance shall be
to the Board of Adjustment.
8.5
SECTION 9
SIGNS
9-1 PURPOSE
A. The purpose of this Section is to permit Signs that will not by their size,
location, construction or manner of display, endanger the health, safety and
general welfare of the public.
B. To encourage Signs that are architecturally aesthetic and compatible with the
Buildings they are placed on.
9-2 GENERAL SIGN REGULATIONS.
The following regulations apply to all Signs and are in addition to the regulations
con tained elsewhere in this Ordinance.
A. Permit Reauired. Except as provided in this Section no Sign, whether permanent
or temporary, shall be erected, constructed, posted, painted, altered, maintained,
or relocated until a permit has been issued by the Building Official. Before any
permit is issued, an application, provided by the Building Department shall be
filed, together with such drawings and specifications as may be necessary to
fully advise and acquaint the City with the location, construction, materials,
manner of illuminating, and securing or fastening and number of Signs applied
for and the wording of the Sign or advertisement to be carried on the Sign. All
Signs which are electrically illuminated by neon or by any other means shall
require a separate electrical permit and inspection. Each Sign requiring a
permit shall be clearly marked with the permit number and name of the Person
or firm placing the Sign on the Premises.
B. Code Reauirements. Structural and safety features and electrical systems shall
be in accordance with the requirements of the South Florida Building Code. No
Sign shall be approved for Use unless it has been inspected and found to be in
compliance with all the requirements of this Ordinance and applicable technical
codes.
C. Exemot Signs. The following Signs may be erected or constructed without a
permit but in accordance with the structural and safety requirements of the
South Florida Building Code and all other requirements of this Ordinance:
1. Official traffic Signs or Sign Structures, or governmental information
Signs and provisional warning Signs or Sign Structures, when erected or
required to be erected by a governmental agency, and temporary Signs
indicating danger.
2. Historical Markers approved by the Historic Preserva tion Board.
3. Signs directing and guiding traffic and parking on private property, but
bearing no advertising matter and not exceeding two (2) square feet in
area.
4. Changing of the copy on a bulletin board, poster board, display
encasement or marquee.
9.1
course
Erection of Signs in Soecial Cases. Pursuant to the procedures and standards set
forth in Section 16, the Board of Adjustment may grant a Variance permitting
the erection and maintenance of a Sign which does not conform to the
regulations of this Section. However, Variances shall only be considered for non-
conformity as to maximum size, location or graphics and illustrations and where
such regulations have been established by this Ordinance. In cases where no
applica ble specific regula tion has been esta blished, all Sign permi t applica tions
shall be reviewed by the Design Review Board pursuant to the procedures set
forth in Section 18.
the norma
n
in use
while
buses or other vehicles,
Signs on trucks,
of a business.
5.
D.
Signs located on the underside of A wnin or Canooies. Non-Illuminated Signs,
not exceeding three (3) square feet in area with letters not exceeding six (6)
inches in height, hanging from the underside of an Awning or Canopy with a
minimum height clearance of seven feet six inches (7'-6") or painted, stamped,
perforated, or stitched on the surface area of an Awning, Canopy, roller curtain,
or umbrella, are permitted in Commercial Districts and shall be approved by the
Planning and Zoning Director in accordance with the Design Review procedures.
E.
Window signs. In addition to other permitted signs, one Sign is permitted on
one window or door with copy limited to the name of the Commercial Use and
hours of operation. The size of the letters for the store name shall not exceed
four (4) inches in height and the size letter for the hours of operation shall not
exceed two (2) inches in height.
F.
Si2ns for Oceanfront Buildings. Signs located between the Erosion Control Line
(ECL) and the main Structure shall be limited to the following: one Sign
identifying the main Structure, Sign area not to exceed 1 % of the wall area
facing the ECL with a maximum size of 75 sq. ft. and one Sign per Accessory
Use, Sign area not to exceed 20 square feet.
G.
uirements.
Unless otherwise specified in these regulations, all Signs shall comply
with the Yard requirements of the district in which they are located.
Yard Re
1
H.
ith
No Sign, portable or otherwise, is to be placed or located to conflict w
the vision clearance requirements of Section 6-25 of this Ordinance
2.
setback requirements:
the following
10 feet
7.5 feet
1 0 feet
have
Front Yard -
In terior Side Yard -
Side Yard facing a Street
Detached Signs shall
3.
stnct
d
ict
Uses.
Permitted Signs for a legal Nonconforming Use in a residential
shall consist of those Signs permi tted in the CD-l Zoning Distr
Nonconformino
Le~al
1.
I.
n this section, all Signs shall
Non-Conforming Structures
Except as otherwise specifically provided
be su bject to the pray isions of Section 13-1
and Uses.
9.2
2.
J. Removal Reauired.
1. All Signs shall be maintained in good condition and appearance. Any
persons responsible for the erection or maintenance of a Sign which fails
to comply with this regulation or any other regulation of this Section
shall be subject to enforcement procedures as set forth in Section 21-2 of
this Ordinance.
2. Any Sign previously associated with a vacated Premises shall either be
removed from the Premises by the owner or lessee not later than six (6)
months from the time such activity ceases to exist, or said Signs shall be
altered or resurfaced by the owner or lessee within the same six-month
time period, so that the Sign no longer displays letters, numerals, symbols,
figures, designs, or any other devices for visual communication that
pertain to the activity formerly associated with the vacated Premises.
3. The Building Official may initiate proceedings that result in the removal
of any Sign erected or maintained without a permit.
4. In any district where a Sign does not comply with the provisions of this
Ordinance and has not received a Building Permit, such Sign and any
supporting Structures other than a Building shall be removed not la ter
than two (2) years from the Effective Date of this Ordinance. Supporting
Structures for nonconforming Signs shall be removed when the Sign is
removed.
5. A Non-conforming Sign which is damaged, by any cause, to an extent
that the cost of repairing the Sign equals fifty (50%) percent or more of
the original installation cost of the Sign shall be removed.
K. Enforcement Aooeals: Appeals from decisions of administrative officials
regarding the application of these restrictions of this Section to particular Signs
shall be heard by the Board of Adjustment pursuant to the procedures set forth
in Section 16 of this Ordinance.
9-3 SIGNS AND SIGN DEVICES PROHIBITED.
A. General Provisions.
1. No Sign shall be constructed, erected, used, opera ted, or main tained so
as to display intermittent lights, to move or revolve.
2. No Sign shall be constructed, erected, used, operated or maintained
which uses the word "Stop" or "Danger" or presents or implies the need
or requirement for stopping, or the existence of danger, or which is a
copy or imitation of an official Sign. This provision regarding the words
"Stop" and "Danger" does not apply when the words are a part of
attraction titles for a broadcast motion picture, theatre event, opera or
concert, or when they are used in descriptive lines of advertising, so long
as they are not used to stimulate, copy or imply any official traffic
warning, either for vehicles or for pedestrians.
3. No Sign shall be constructed, erected, used, operated or maintained so
as to provide a background of colored lights blending with the traffic
9.3
when viewed from a normal
of twenty-f i ve (25) to
signals to the extent of confusing a motorist
approaching position of a vehicle at a distance
three hundred (300) feet.
No Sign shall be attached or otherwise applied to trees, utility poles, bus
benches, trash receptacles, or any other unapproved supporting Structures.
4.
is
sa id vehiCle
illuminated when
No Sign attached to a vehicle may be
parked in the public right-of-way.
5.
of spinning devices
or stri
have spinning devices,
devices.
No Sign shall
other similar
6.
or
securely affixed to the ground, or otherwise affixed
manner to an approved supporting Structure, shall be
ngs
Signs which are not
in a permanent
prohibited.
7.
Political Signs, except political Signs on the Premises of an authorized
campaign headquarters, or political Signs as permitted window Signs in
accordance with the regulations applicable to window Signs shall be
prohibited. This prohibition shall not apply to political Signs on moving
vehicles, during the time between qualification and election
8
Except as otherwise permitted by this Ordinance, no Sign indicating the
presence of an Accessory Commercial Use in a Hotel, Apartmen t- Hotel,
or Apartment Building located in a residential district shall be
constructed, erected, used, operated, or maintained so as to be visible
from a public Street, walk, or other public way
9.
Pole Signs and Roof Signs are not permitted, except for pole Signs which
are associated with Filling Stations as provided in Section 9-6. Legal non-
conforming Pole signs may be repaired upon the approval of the Planning
and Zoning Director. The cost of the repair shall be less than 50% of the
cost of the Sign at the time it was built. No more than one (l) Building
Permit shall be issued for the repair within a three (3) year period. As
set forth in the Ci ty Code, Roof Signs shall not be repaired regardless of
the value of the work.
o.
a
loca ted outside of
be
not
sha 11
sandwich Signs
Free standing or
Building.
11
Pennants. Banners. Streamers. Pennants, banners, streamers, and all other
fluttering, spinning or similar type Signs and advertising devices are prohibited
except for national flags and flags of political subdivisions of the United States,
and except for flags of bona fide civic, charitable, fraternal, and welfare
organizations, and except during nationally recognized holiday periods.
B.
Public Prooert
Unless otherwise authorized by the City, by statutes or by County
Ordinance, no Sign of any character shall be suspended across any public
Street, Alley or Waterway; nor shall any Sign of any description be
painted on or applied to any curb, sidewalk, tree, light standard, utility
pole, hydrant, bridge, wall. or any Structure, other than an Awning,
which is within the property lines of any Street, Alley or Waterway
within the City; except on a temporary permit basis approved by the
9.4
Over
ns
Si
C.
Planning and Zoning Director, and City Public Works Department. Their
decision shall be based upon the length of time requested and the design
of the Sign. Appeal of the Directors decision shall be to the Board of
Adjustment. Approval of Signs under this Subsection shall require a bond
to be posted by the Applicant with the Building Department. The amount
of the bond shall be established by the Building Official who shall base
his decision on the cost of removing the Sign.
2. No portion of any Sign which extends over a public sidewalk or Alley
shall be less than nine (9) feet above such sidewalk or fifteen (15) feet
above such Alley, measured vertically directly beneath the Sign to Grade.
3. No Projecting Sign or detached Sign shall extend or project over any
portion of any Street, Alley, Waterway or any other public way or any
public property except for Marquee Signs which shall only be permitted
to extend over the right-of-way.
D. When a Sign has been erected on public property and without a Building Permit,
the Public Works Department shall attempt to notify its owner by certified mail
and shall afford said owner to remove the Sign. If the ownership cannot be
ascertained or the owner fails to remove the Sign within fifteen (15) days of the
mailing of said notice requesting removal, then the Public Works Department
shall remove and store the Sign and shall notify the owner, if known, of said
removal by certified mail. The owner may recover the Sign by paying the
removal costs within sixty (60) days of the mailing of the notice of removal. If
the sign is not recovered by the owner within sixty (60) days, then it shall be
considered abandoned property in the hands of the Ci ty and shall be disposed
of as permitted by law.
E. General Advertising Signs. No General Advertising Sign shall be constructed,
erected, used, operated or maintained in the City of Miami Beach.
9-4 TEMPORARY SIGNS
Temporary Signs may be erected and maintained in accordance with the provisions of
this Section and Table I contained in Section 9-4,B.
A. General Provisions
1. Permit required - No person shall erect, construct, repair, alter or relocate
any Temporary Sign without first obtaining a permit from the Building
Department unless otherwise stated in these regulations.
2. Illumination - Temporary Signs shall not be illuminated except for
Temporary Construction Signs.
3. Copy shall be limited to the Uses permitted in the zoning district in
which the property is located.
4. Copy associated with special events is permitted when approved by the
Planning and Zoning Director.
9.5
Temporary Signs
Special Conditions
Time Period
irements for
Sign Area
Requ
Schedule of
Ta ble
Number
B.
Category
Temporary business Signs
shall be located only upon
the Lot in which the special
activity, service, product or
sale is to occur.
Temporary
business Signs shall
be erected and
maintained for a
period not to ex-
ceed 30 days.
Non-conforming
business in a
residential district:
4 sq.ft.
Non-residential
15 sq.ft.
Maximum of two
permits for the
same Premises
within one calendar
year.
Business Signs:
identifying a
particular activity,
service, product or
sale of limited
duration.
1.
Maximum height shall be 15
feet. A bond for the removal
of the Temporary Con-
struction Sign shall be
posted. The amount of the
bond shall be set by the
Building Official, but shall
not be less than $200. All
Signs having letters and
numbers shall be reviewed
and if appropriate approved
by the Planning and Zoning
Director. Those Signs having
renderings, decorative or
artistic designs shall be
reviewed under the Design
Review process
Temporary
Construction Signs
may be erected and
maintained for a
period beginning
with the issuance
of a Building
Permit and
removed prior to
the issuance of a
Certificate of
Occupancy.
Single Family:
8 sq.ft.
All other Districts:
1 sq.ft. per linear
foot of Street
frontage. However,
the area contained
in renderings,
decorative or
artistic Signs is not
included in the
Sign area
calculation.
There shall be a
maximum of one
Sign per Street
frontage.
Construction Signs:
located on the
construction Site
identifying the
parties involved in
the construction
and financing. Ap-
artment Buildings
may have a Sign
with the name of
the project and
unit types. Com-
mercial Buildings
may have copy
indicating the
name of the project
and tenants.
Artistic murals or
ornamental Signs
are permitted. Sign
copy with prices is
prohibited.
2.
Only permitted n
Commercial Districts.
A $200 bond shall be posted
for the removal of the Signs.
Temporary
campaign Signs
may be erected and
maintained 60 days
prior to the date of
the election to
which such Signs
are applicable and
shall be removed
within seven days
following the
election.
Campaign
headquarters:
No Sign Area
limitationj other
locations- 10% of
the window area.
9.6
A candidate for
public office may
erect and maintain
Signs at no more
than four of his
headquarters.
Campaign Signs:
Announcing
political candidates
seeking public
office.
3.
Category
Number
Sign Area
Time Period
Special Conditions
4.
Real Estate
Signs/Single
Family Residential:
Advertising the
sale, lease or rent
of the Premises
upon which such
Sign is located,
Sign copy with
prices is prohibited.
There shall be a
maximum of one
Sign permitted per
property except for
waterfront property
where a second sign
is permitted facing
the water. In
addition one strip
sign to be attached
directly below
primary sign is
allowed, and one
"Open House" type
sign is allowed only
while the owner or
agent is on the
premises. Signs
may be double
faced provided all
information is
identical.
Primary Sign shall
be 14 inches by 18
inches; Strip Sign 2
inches by 18
inchesj "Open
House" type Sign
22 inches by 16
inches.
Each primary Sign
shall receive a
permit from the
Code Enforcement
Division who shall
charge a fee of
$5.00 per primary
Sign. No additi.onal
charge for strip or
"open House" type
Signs.
9.7
Temporary Real
Estate Signs shall
be removed within
seven days of the
sale or lease of the
Premises upon
which the Sign is
located.
Detached Signs shall have a
setback of 10 feet if Lot is
vacant, 3 feet if Lot has
improvements. Sign may be
placed on structure or wall if
structure or wall is less than
3 feet from property line.
Height shall not exceed five
feet.
Only the following
information and no other
information or logos may
appear on the Sign:
(1) "For Sale", "For Lease",
or "For Rent", or
combination thereof.
(2) The name of the Real
Estate Broker or Realtor as
registered with the Florida
Real Estate Commission, the
name of the owner or the
words "By Owner" in
lettering no to exceed one
inch in height.
(3) A designation following
such name as being either a
"Realtor", "Broker" or
"Owner" in lettering no to
exceed one inch in height.
(4) The telephone number of
said Realtor, Broker or
Owner.
(5) The words "By
Appointment Only"j
"Waterfront"j "Pool".
Primary Signs may be only
White on Black or Black on
White. Iridescent and
Illuminated signs are
prohibited. "Open House"
type signs may be Red and
White or Black and white.
No signs are permitted on
public property.
Special Conditions
Time Period
Sign Area
Number
Category
Real Estate Signs are not
permitted on windows of
Apartment, Multi-family
Buildings or individual
offices. Detached Signs shall
have a setback of 10 feet if
Lot is vacant, 3 feet if Lot
has improvements. Sign may
be placed on structure or
wall if structure or wall is
less than 3 feet from
property line. Height shall
not exceed five feet.
Temporary Real
Estate Signs shall
be removed within
seven days of the
sale or lease of the
Premises upon
which the Sign is
located.
Multi-family not to
exceed 2 feet by 3
feet; Commercial/
Industrial not to
exceed 3 feet by 4
feet; Vacant Land
(except residential)
not to exceed 4 feet
by 6 feet.
There shall be a
maximum of one
sign permitted per
street frontage.
Only the information
permitted on Residential
Real Estate Signs plus the
following information may
appear:
Each individual
sign shall receive a
permit from the
Code Enforcement
Division who shall
charge a fee of
$15.00 per Sign.
Real Estate
Signs/Multi-
Family,
Commercial,
Industrial, Vacant
Land (other than
residen tial):
Advertising the
sale, lease or rent
of the Premises
upon which such
Sign is located,
Sign copy with
prices is prohibited.
5.
Zoning Information
(1)
and/or
property
(2) Size of
Building.
of
Signs may only be White and
Black. Iridescent and
Illuminated signs are
prohibited. No signs are
permitted on public
property.
Use
(3) Permitted
Property.
Temporary balloon Signs
shall be erected, anchored,
used, operated or maintained
only on a temporary permit
basis as approved under the
Design Review procedures. A
Building Permit is required.
The Planning and Zoning
Director shall require a per-
formance bond in the amount
of $I ,000 in order to insure
its removal.
Temporary balloon
Signs shall be
erected and main-
tained for a period
not to exceed 14
days, and no more
than one time
during a calendar
year on a
Premises.
To be determined
by the Planning
and Zoning
Director under the
Design Review
procedures.
9.8
one
per
Maximum of
balloon Sign
Structure.
Balloon Signs:
Hot or cold air
balloons or other
gas filled figures or
similar type Signs.
6.
9-5 SIGN REGULATIONS PER ZONING DISTRICT
A. General Provisions
1. Accessory Signs shall have copy limited to the Uses permitted in the
zoning district in which the property is loca ted.
2. Aggregate Sign Area shall include the principal and accessory Signs.
3. A request to exceed the maximum number of Signs shall be considered
as an amendment to the Ordinance and processed under the procedures
set forth in Section 14, Changes and Amendments. All other requests
shall be processed as a Variance, as provided in Section 16 of this
Ordinance.
4. All Signs shall front on a Street or waterfront unless as set forth in
paragraph 9-5,A.5 below.
5. Signs fronting on an Alley are prohibited unless the Alley abuts or is
adjacent to a Parking Lot or garage, and where the Alley is the only
means of entrance to a business, the area of the Sign shall be the same
as if the Sign fronted on a Street.
6. Logos, trademarks, insignias and similar emblems shall be considered as
Signs.
7. Signs located above the ground floor shall be limited to the name of the
Building or the Use that encompasses the largest amount of Floor Area
on the Building and to permitted Accessory Uses.
8. Oceanfront or Bayfront Buildings shall have no more than one Sign
facing the ocean or bay identifying the main permitted Use. The area
and location of the Sign shall be approved by the Design Review Board.
In addition one flat Sign, per 100 feet of Lot width, with copy limited
to the advertisement of an Accessory Use is permitted. The maximum
height of the Sign shall not exceed 12 inches.
9.9
Special Conditions
Accessory
Signs
Schedule of Sign Regulations
Use Signs
Detached
(Pole/
Pylon)
Principal
Projecting
Flat
Awning/
Marquee
Ta ble 2
Number
B.
Zoning
District
30 sq.ft. for a religious
institution, public and
semipublic Uses, clubs
or schools.
Not
Permitted
Not
Permitted
Not
Permitted
Residential
Use: six (6)
inch
letters.
Not
Permitted
Residential
Use: one
Sign per
Street
frontage
that has
RS-l
RS-2
RS-3
RS-4
1.
copy
limited to
the name
of the
Building.
The height of letters
shall not exceed one
foot on a marquee or
Awning Sign; maximum
size for schools is 30
sq.ft. Signs shall not
have copy indicating
prices.
One sign
for no
more than
two Acces-
sory Uses;
area of
each Sign
shall not
exceed 1
sq.ft. per
linear foot
of frontage.
15 sq.ft
height not
to exceed 4
ft. above
Grade.
15 sq.ft.
One per
Street
frontage;
30 sq.ft.
max.
15 sq.ft.
No more
than one
Sign
identifying
the main
permitted
Uses for
each Street
frontage.
Unless
otherwise
listed in
Section A
above, all
Signs mus
front on a
Street.
RM-l
RM-2
RM-3
R-PS 1
R-PS 2
R-PS 3
R-PS 4
2.
Window Signs when
sign is on a Canopy-
See Section 9-2E.
Temporary window
signs for a period of
time not to exceed 10
days and with a
maximum window
coverage of 15% are
permitted.
Pole Signs shall not
have copy indicating
prices.
One for
each
Accessory
Use; area
of each
Sign shall
not exceed
1 sq.ft. per
linear foot
of frontage.
Not
permitted
however.
existing
pole Signs
which re-
ceived a
Building
Permit
shall be
permitted
to be re-
tained with
copy only
indicating
the name
of the main
Use or the
name of
eating,
drinking,
or enter-
tainment
Uses or
greeting
messages.
15 sq.ft.
20 sq.ft.;
however
one
Building
identi-
fication
Sign
located on
the
parapet
facing a
Street is
permitted
with an
Awning:
See Section
9-2.E
Marquee:
175 sq.ft.
only in
commercial
districts.
One Sign
for each
principal
and Ac-
cessory Use
permitted.
CD-l
CD-2
CD-3
C-PS 1
C-PS 2
C-PS 3
C-PS 4
1-1
3.
9.10
area not to
exceed 1 %
of the wall
area that
faces the
Street
Principal Use Signs
Zoning Number Awning/ Flat Projecting Detached Accessory Special Conditions
District Marquee (Pole/ Signs
Pylon)
4. MXE Number of No more No more Not Not One half The maximum permit-
Signs to be than 30 than 30 Permitted Permitted the size of ted signage shall be
determined sq.ft. sq.ft. the determined under the
under the unless unless principal Design Review pro-
Design otherwise otherwise Use Sign. cedures. The design
Review determined determined Retail and copy of all signs
procedures. under the under the when shall be compatible
Design Design permitted with the architecture of
Review Review - 10 sq.ft. the Building and the
procedures. procedures Uses not recommendations and
fronting on design guidelines in
a Street special area studies.
shall not Signs shall not have
have ex- copy indicating prices.
terior
signs;
however a
directory is
permitted.
5. TH One Sign Not 15 sq. ft. Not Not 5 sq. ft. None
RM-PS 1 per Street Permitted Permitted Permitted per
frontage Commer-
indicating cial Use
the name
of the
project; or
Sign per
Commercia
I Use.
6. HD No more 30 sq.ft. Sign Not 15 sq.ft., None
than one located on Permitted height not
Sign per the to exceed 4
Building parapet- feet above
for each 1% of the Grade.
Street wall area
frontage. of the
Building.
All other
Signs - 50
sq.ft.
9.11
Special Conditions
Accessory
Signs
Detached
(Pole/
Pylon)
Principal Use Signs
Projecting
Flat
Awning/
Marquee
Number
Zoning
District
All signs in this district
shall be approved
pursuant to the Design
Review procedures and
design guidelines in
special area studies.
See Special
Conditions.
See Special
Conditions.
See Special
Conditions.
See Special
Conditions.
See Special
Conditions.
See Special
Conditions.
MR
7.
None
One Sign
for all
Accessory
Uses; 15
sq.ft.
maximum
10 sq.ft.,
height not
to exceed
10 feet
above
Grade,
minimum
height of
underside
of Sign is 7
Vz feet; Sign
setback 3
feet from
sidewalk.
5 sq.ft
15 sq.ft
Not
Permitted
One Sign
permitted
per Site.
WD-1
WD-2
8.
Not
Permitted.
Not
Permitted.
Not
Permitted.
30 sq.ft.
Not
Permitted.
One
GC
9.
the surrounding districts as
Shall follow the Sign regulations as determined by
determined by the Planning and Zoning Director.
GU
CCC
10.
One flat Sign, per 100 feet of Dune frontage. The copy is limited to the
advertisement of an Accessory Use. The maximum height of the Sign shall
not exceed 6 inches.
9.12
Dune
Overlay
II
9-6 SIGNS FOR FILLING STATIONS. SHOPPING CENTERS AND ARTISTIC OR
SUPER GRAPHICS
A. Signs for Filling Stations and any other Use that sells gasoline shall be
subject to the following:
Type of Sign
Number
Sign Area
Aggregate Area
Special Conditions
None
1.
Flat wall Signs or
Canopy /Marquee
Sign: Advertising
the name of the
establishment.
2.
Detached Pole/
Pylon Signs:
Advertising the
name of the esta-
blishment or
prices.
3.
Service Bay
Identification:
Providing
direction or
instructions but
containing no ad-
vertising material.
4.
Service Island
Identification:
Indicating type of
service offered,
prices of gasoline
and other relevant
information or
instructions but
containing no ad-
vertising material.
Total of one Sign
per Street
frontage.
One fixed Sign per
Site.
One Sign per
service bay located
on the Premises.
One Sign per
service island
located on the
Premises.
40 sq.ft.
maximum.
80 sq.ft.
maximum.
20 sq.ft.
maximum.
20 sq.ft.
maximum.
Height shall not exceed
25 feet to the top of
the Sign.
5 sq.ft. maximum.
15 sq.ft.
maximum.
The information dis-
played by a service bay
identification Sign shall
be in compliance with
Section 9A-7,10 of the
City Code.
5 sq.ft. maximum.
10 sq.ft.
maximum.
The information dis-
played by a service
island identification
Sign shall be in
compliance with
Section 9A-7,10 of the
City Code.
5. Signs having copy indicating the sale of Alcoholic Beverages or tobacco products-
the height of the letters shall not exceed two (2) inches.
9.13
a
is
Signs for shopping centers (for purposes of this Section a shopping center
main permitted Use in a commercial district with three (3) or more
individual stores) shall be subject to the following
B.
Special Conditions
None
Aggregate Area
N/A
Sign Area
10 sq.ft.
Number
One per store
front
Type of Sign
Individual store
Sign: a Flat Sign
identifying the
name of the esta-
blishment.
1.
Pole Signs are pro-
hibited. A detached
horizontal Pylon Sign
is permitted, height not
to exceed five (5) feet.
One 5 sq.ft. Directory
Sign per 20,000 sq,ft.
or fraction thereof of
Floor Area is permitted
when located on the
Exterior wall of the
Building. Flat Sign
not to exceed 30 sq. ft.
N/A
30 sq,ft.
One Sign per
Street frontage or
waterfront.
Main Shopping
Center Sign:
Identifying the
name of the shop-
ping center and
the names of the
stores.
2.
Artistic or Super Graphics that have no commercial association are
permitted, and mayor may not face a Street, with the approval of the Design
Review Board. If they are located in the National Register District then the
Design Review Board shall include three (3) members from the Historic
Preservation Board pursuant to Section 19.
9.14
c.
SECTION 10
ADULT CONGREGATE LIVING FACILITIES
10-1 PURPOSE
A. The purpose of this Section is to provide Mandatory Requirements and review
criteria to be used in reviewing requests for a Conditional Use Permit for Adult
Congregate Living Facilities (ACLF).
10-2 MANDATORY REOUIREMENTS
A. Adult Congregate Living Facilities shall be subject to the following Mandatory
Requirements:
1. The total number of ACLF beds in the City of Miami Beach shall not
exceed 2,000 per 100,000 permanent residents or fraction thereof. The
population as determined by the U.S. Census Bureau shall be the official
figure in determining the number of Persons residing in the City.
2. Facili ties shall not be loca ted in any designa ted Redevelopmen t Area or
MXE Mixed Use Entertainment District.
3. The design of the Building shall be reviewed under the Design Review
process pursuant to Section 18-2.
4. The entire Building shall conform with the South Florida Building Code,
Fire Prevention and Safety Code, and with the Miami Beach Property
Maintenance Standards. If it is a Historic Structure, it shall also conform
with the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Structures, U.S. Department of the
Interior (revised 1983) and as amended.
10-3 REVIEW CRITERIA
A. Adult Congregate Living Facilities shall be in substantial compliance with the
following review criteria as determined by the Planning Board and when
applicable by the City Commission:
1. Smaller scale (6-16 residents) facilities are encouraged in order to provide
a non-institutional environment.
2. The City should encourage equal distribution of facilities serving various
income groups.
3. Facilities located in newly constructed Buildings should be encouraged.
4. The location of facilities should be compatible with the City's
Comprehensive Plan and all other adopted Neighborhood Plans.
5. In order to encourage geographic distribution, facilities should not be
located within 1,500 feet from another facility.
10.1
SECTION 11
GUIDELINES FOR THE PAINTING
OF EXTERIOR SURFACES OF
BUILDINGS AND STRUCTURES
11-1 PURPOSE
A. The purpose of this Section is to enhance the tropical environment of Miami
Beach by establishing guidelines for the choice of primary paint color for the
Exterior surfaces of Buildings and Structures.
11-2 APPLICABILITY EXEMPTIONS AND PROHIBITIONS
A. All public and private Development including the painting of new Buildings,
additions or Alterations and the repainting of existing Buildings shall be subject
to these regulations with the exception of single Family homes and Structures
which utilize glass in a manner that substantially masks the Exterior of the
Building.
B. Reflective glass on the east and west elevations of a Building shall be reviewed
by the Design Review procedures as set forth in Section 18.
11-3 COLOR SELECTION PROCEDURES AND REVIEW CRITERIA
A. The Miami Beach Facade Review Color Chart
This chart shall be available in the Building Department and the Planning and
Zoning Department. An Applicant for a paint permit shall select a color from
the chart and must provide a paint chip or dry sample sufficient to indicate that
the specified paint to be used matches a color shown on the Miami Beach Facade
Review Color Chart or is a color which is lighter in shade than any other color
on the Color Chart.
B. Paint Permit
1. A Building shall not be painted without first receiving a Building paint
permit pursuant to the requirements of the South Florida Building Code.
2. Permits for repainting of existing Structures or painting of new
Structures shall not be issued until the Applicant selects a color from the
Miami Beach Facade Review Color Chart and submits the color sample,
for review and approval by the Building Department, Planning and
Zoning Director or a Board having jurisdiction to apprqve the color
selection. Upon approval of the color sample, the paint chip or art sample
shall be indicated on the painting permit and on the Building Card. The
color sample shall be attached to the painting permit and retained by the
Building Department for future reference.
3. If the Structure to be painted requires a Board or Planning and Zoning
Director's approval, the Applicant may submit an application for a
pain ting or Bu ild ing Permi t sim ul taneously with an a pplica tion for pa in t
approvaL However, a Certificate of Occupancy, Certificate of
Completion, or Certificate of Use, whichever is requested earlier, shall
11.1
Board havIng
not be issued until the Planning and Zoning Director or
jurisdiction approves the painting selection.
With the exception of Buildings that are subject to the review of a Board
that has jurisdiction over the Exterior painting of a Structure, the
Planning and Zoning Director shall have the authority to approve or deny
the color selection based upon the criteria as set forth in Section 11-3,C
below. For projects being reviewed under Criteria 2 and 3 in Section
11-3,C, the Planning and Zoning Director shall consult with the Chairman
of the Design Review Board prior to the Director's determining
compliance with the intent of the Ordinance. The criteria listed in
Section 11-3,C shall be utilized for projects being reviewed by a Board.
4.
is
be painted in a color which
Beach Facade Review Chart.
a
75% of the Exterior of a Building shall
within the range of colors on the Miami
ter
Review Cr
1.
C.
Miami Beach Facade Review
of emphasizing architectural
Colors which are not represented on the
Chart may be utilized only for purposes
elements of a Structure.
2.
Buildings, which have a particular architectural feature, may have a
combination of colors making up 75% of the Exterior; however, each
color shall be within the range of colors on the Miami Beach Facade
Review Chart.
3.
which ha ve been approved
Colors listed in neighborhood studies or plans
by ~he City Commission.
4.
APPEAL
An Applicant may appeal a 'decision regarding these regulations to the Board of
Adjustment. The appeal shall be filed with the Planning and Zoning Director
within 30 days of the date of the decision. The basis of the appeal is whether
the determining agency acted arbitrarily or capriciously in reaching its decision.
Appeal of a Design Review Board decision shall be made pursuant to procedures
as set forth above.
.2
A.
11-4
SECTION 12
LIQUOR CONTROL REGULATIONS
12-1 GENERAL PROVISIONS
A. Puroose
To achieve the purposes of this Ordinance and of Chapter 18, In toxica ting
Liquors, of the Miami Beach City Code, and to provide for the general welfare
and safety of the public, it is necessary that regulations be established relating
to the location, size, and hours of operation of Uses that permit the sale and
consumption of Alcoholic Beverages.
B. Licenses
1. No Vendor shall sell or distribute any Alcoholic Beverages without
securing a license from the Division of Alcoholic Beverages and Tobacco
of the Department of Business Regulations of the State of Florida.
2. Consideration of a request for a Private Club Occupational License or
a Building Permit, including the hours of operation, shall be pursuant to
the Conditional Use Procedures and Review Guidelines as listed in
Section 17-3 of these regulations.
C. Hours of Sale
The sale of Liquor and all other Alcoholic Beverages shall be according to the
following schedule:
1. Retail stores for package sales only, either as permitted main or
Accessory Uses. Vendors having a license from the State Division of
Alcoholic Beverages and Tobacco for the sale of Liquor and other
Alcoholic Beverages for consumption off the Premises, shall only offer
for sale Alcoholic Beverages within the hours of 8:00 a.m. to 10:00 p.m.
on any day of the week.
2. Retail stores, either as permitted main or Accessory Uses, which primarily
offer for sale products other than Alcoholic Beverages may make sales
of Beer and Wine in sealed containers for consumption off the Premises
between the hours of 8:00 a.m. through 2:00 a.m. on any day of the week.
3. Restaurants, Bars, Nightclubs, either as permitted main or Accessory Uses
shall only offer for sale the on-Premise consumption of Alcoholic
Beverages within the hours of 8:00 a.m. and 5:00 a.m. on any day of the
week. Every Vendor shall close and keep closed the place of business and
not allow any person, other than those employed by the Vendor, to remain
therein during the hours that sales are not permitted. Off Premises
package sales shall be permitted between the hours of 8:00 a.m. and 2:00
a.m., for Bars, and Nightclubs.
4. Supper Clubs, permitted as a main Use in the CD-3 District only, may
permit the consumption of Alcoholic Beverages at all hours~ however,
there shall be no admission of additional patrons between the hours of
6:00 a.m. and 8:00 a.m.
12.1
Private Clubs, either as a permitted main or Accessory Use, shall be
considered pursuant to Section 12-1, B-1. Hours of operation and the
consumption of Alcoholic Beverages will be considered between the hours
of 8:00 a.m. to 5:00 a.m., Monday through Sunday, provided that service
is made only to members and guests of members pursuant to Florida
Statutes. However, any Private Club permitted to remain open after 2:00
a.m. shall purchase an extra hours license and must provide for security
in its Premises by hiring private security guards or off-duty policemen
between the hours of 2:00 a.m. to 5:00 a.m. each day. Private Clubs which
secure a license from the Division of Alcoholic Beverages and Tobacco
by complying with the requirements of Florida Statutes 561.20 for
racquetball, tennis or golf course facilities, may admit its members at any
time for use of such facilities, but may not serve Alcoholic Beverages
after 2:00 a.m. each day unless it is the holder of an extra hours license
and complies with the above requirements.
5.
Restrictions
Educational Facilities No Alcoholic Beverage shall be sold within 300
feet of any property used as a public or private school operated for the
instruction of minors in the common branches of learning. Except for
Uses in the Civic and Convention Center (CCC) District, Hospital (HD)
District or within 300 feet of a Marina.
Location_and Use
D.
No Alcoholic Beverage shall be sold, except in
.;onsumption on the premises, within 300 feet of any
a place of worship. .
Places of Worsh
restaurants for'
property used as
2.
The minimum distance separation between retail stores which primarily
sell Alcoholic Beverages for consumption off the Premises as a main
permitted Uses shall be 300 feet.
3
Motion Picture Theatre No Alcoholic Beverages shall be sold in any
motion picture theatre or in any room opening directly or indirectly into
or in connection with any motion picture theatre.
4.
in any Filling Sta tion.
Curb Service Sales - No Alcoholic Beverages shall be sold or served to
Persons in a vehicle of any kind or from an Exterior counter or any type
of walk up window. All sales are to be from the interior of the Structure.
be sold
No Wine or Liquor shall
Sta tion
Fillin
5.
6.
the Premises shall
All sales of Alcoholic Beverages for consumption off
be in a sealed container.
7
on
For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the main
entrance or exit in which the Use associated with Alcoholic Beverages
occurs to the nearest point of the property used for a public or private
school. In cases where a minimum distance is required between two Uses
associated with the Alcoholic Beverages for consumption on or off the
2.2
stance Seoarat
mum D
Min
DetermInation of
1.
E.
Premises, the minimum requirement shall be determined by measuring
a ,straight line between the principle means of entrance of each Use.
2. When a distance separation is required, a scaled survey dra wn by a
registered land surveyor shall be submitted attesting to the separation of
the Uses in question. This requirement may be waived upon the written
certification by the Planning and Zoning Director that the minimum
distance separation has been met.
12-2 PERMITTED DISTRICTS AND STANDARDS
A. Permitted Districts - Vendors may be permitted to sell or distribute Alcoholic
Beverages, either for consumption on or off the Premises only in the following
zoning districts:
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
RM-2
RM-3
CD-l
CD-2
CD-3
CCC
HD
1-1
MR
MXE
WD-I
WD-2
R-PS2
R-PS3
R-PS4
C-PSl
C-PS2
C-PS3
C-PS4
RM-PSI
Multiple Family, Medium Intensity
Multiple Family, High Intensity
Commercial, Low Intensity
Commercial, Medium Intensity
Commercial, High Intensity
Convention Center District
Hospital District
Industrial, Light
Marine Recreational
Mixed Use Entertainment
Waterway District
Waterway District
Residential Medium Density
Residential Medium-High Density
Residential High Density
Commercial Limited Mixed Use
Commercial General Mixed Use
Commercial Intensive Mixed Use
Commercial Intensive Phased Bayside
Residential Limited MIxed-Use Development
B. Permitted Main and Accessorv Uses - Vendors shall be permitted to sell
Alcoholic Beverages within the zoning districts listed in Section 12-2A, if said
district permits as a permitted main Use or Accessory Use one of the following:
Restaurant, Bar, Nightclub, Outdoor Cafe, Private Club, or golf clubhouse
pursuant to the following standards:
I. Permitted Main Use:
a. Restaurants, Nightclubs, Bars, and Private Clubs shall be
permitted to sell Alcoholic Beverages for consumption on the
Premises based upon the following; when Beer and Wine are served
a minimum of thirty (30) seats shall be provided; and when, Beer,
Wine and Liquor are served, a minimum of sixty (60) seats shall
be provided.
b. Outdoor Cafes, when visible from or facing a public Street, shall
have a minimum of twenty (20) seats in order to be permitted to
sell Alcoholic Beverages for consumption on the Premises. The
establishment of Outdoor Cafes under this section shall be
pursuant to Section 17-3, Conditional Uses.
12.3
Outdoor Cafes, when not visible from or on a public Street, Alley,
or way, shall have no minimum seating requirement and shall be
permitted to sell Alcoholic Beverages only for consumption on the
Premises.
c.
Golf Clubhouse - When located on a golf course, the sale of
Alcoholic Beverages is permitted only for consumption on the
Premises.
d.
Nightclub and Supperclub.
Accessory Use: Hotel, Apartment-Hotels, or Apartments, or any mixed
Use having a minimum of one hundred (100) Apartment Units or a
minimum of one hundred (100) Hotel Units or which are located in the
MXE District, shall be permitted to have Accessory Uses which sell
Alcoholic Beverages pursuant to the following minimum standards
ition for
See defin
e.
2.
Nightclubs, Bars, or Private Clubs which have a minimum of
forty (40) seats shall be permitted to sell Alcoholic Beverages for
consumption on or off the Premises.
a.
Outdoor Cafes when visible from a public Street which have a
minimum of twenty (20) seats are permitted to sell Alcoholic
Beverages for consumption only on the Premises. The
establishment of the Outdoor Cafe shall be pursuant to Section 17-
3, Conditional Uses.
b.
Outdoor Cafes when not visible from a public Street, Alley, or
way, shall have no minimum seating requirement and shall be
permitted to sell Alcoholic Beverages only for consumption on the
Premises.
c.
Golf Clubhouse - When located on a golf course, the sale of
Alcoholic Beverages is permitted only for consumption on the
Premises.
d.
Nightclub and Supperclub.
See definition for
e.
EXEMPTION
Notwithstanding any other provision of this Section, the sale of Beer for off-
Premises consumption by a Vendor licensed for such sale from that location by
the Division of Alcoholic Beverages and Tobacco of the Department of Business
Regulations of the State of Florida shall be exempt from the regulations in
Subsections 12-1 and 12-2 of this Section. However, the sale by said Vendor of
Alcoholic Beverages other than Beer and of Beer for on-Premises consumption,
shall be conducted in accordance with the provisions of Subsections 12-1 and
12-2 of this Section.
A.
2-3
the
n
Nothing herein shall be construed to restrict sales of Alcoholic Beverages
Civic and Convention Center District or Government Use District.
2.4
B.
SECTION 13
NONCONFORMING STRUCTURES AND USES
13-1 NONCONFORMING USE OF LAND.
A. In any district where vacant land is being used as a Nonconforming Use, and
such Use is the main Use and not accessory to the main Use conducted in a
Building, such Use shall be discontinued not later than two (2) years from the
effective date of this Ordinance. During the two (2) year period, such
Nonconforming Use shall not be extended or enlarged either on the same or
adjoining property. Any Building incident and subordinate to such Use of land
shall be removed at the end of the two (2) year period or, if such Building is so
constructed as to permit the issuance of a permit for a Use not excluded from
the district, such Building may remain as a conforming Use; thereafter, both
land and Building shall be used only as conforming Uses.
B. A Use approved as a Conditional Use pursuant to Section 17-3 of this Ordinance
shall be considered a conforming Use as long as the condi tions of the approval
are met.
13-2 NONCONFORMING SIGNS.
Nonconforming Signs shall be removed as provided in Section 36-13.1 of the City Code
and Section 9-2,1 Signs, of this Ordinance. No permits for additional Signs shall be
issued for any Premises on which there are any nonconforming Signs.
13-3 NONCONFORMING USE OF BUILDINGS.
A. Except as otherwise provided herein, the lawful Use of a Building existing at
the effective date of this Ordinance may be continued, although such Use does
not conform to the provisions hereof. Whenever a Nonconforming Use has been
changed to a conforming Use, the former Nonconforming Use shall not be
permitted at a later date. A Nonconforming Use shall not be permitted to change
to any Use other than one permitted in the Zoning District in which the Use is
loca ted.
B. A Nonconforming Use of a Building shall not be permitted to extend throughout
other parts of that Building.
13-4 DISCONTINUANCE OF NONCONFORMING USES.
No Building, Structure, equipment, Fixtures or land, or portion thereof, used in whole
or in part, for a Nonconforming Use which remains idle or unused for a continuous
period of six (6) months, or for eighteen (18) months during any three (3) year period
whether or not the equipment or Fixtures are removed, shall again be used, except in
conformity with the regulations of the district in which such Building or land is
loca ted.
13.1
DESTR UCTION OR RENOVATION OF NONCONFORMING BUILDINGS AND USES.
Except as provided in paragraph B herein, if a Non-conforming Building or Usc
is damaged by any cause to the extent of more than fifty (50%) percent of the
Value Determination of a Building as determined by the Building Official as
set forth in the South Florida Building Code, it shall not be restored except in
conformity with the regulations contained in this Ordinance and all rights as
a Nonconforming Building or Use are terminatcd.
A.
3-5
A Nonconforming Building may be repaircd regardless of the time a Building
has been vacant or to the extent it is damaged at a cost exceeding 50% of the
Value Determination of a Building as determined by the Building Official as
set forth in the South Florida Building Code if the following conditions are met:
B.
The Building is a Historic Building as determined by the Planning and
Zoning Department. A Building Permit shall not bc issued un til the
Planning and Zoning Department approves the architectural plans for
a Historic Building pursuant to the Design Review Board procedures and
which shall also include the Historic Preservation Board procedures, as
set forth in Section 19-3 of this Ordinance.
1.
The Building shall meet all requirements (as amended) in the following:
South Florida Building Code, State Fire Marshal's Rules and Regulations,
Fire Prevention and Safety Code and the Miami Beach Property
Maintenance Standards and shall comply substantially with the Secretary
of Interior Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S. Department of the Interior (1983)
and as amended.
2.
The total number of units shall not exceed those which are listed on the
Building Card, and each Hotel or Apartment Unit shall meet the Floor
Area requirements set forth in Section 6 of this Ordinance for the
applica ble zoning district
3.
The parking requirements for an Apartment Building or Commercial Uses
may be satisfied by the Use of the Parking Impact Fee Program as set
forth in Section 7-7 when applicable under the regulations of that
Section. The required parking for such Uses shall be determined by using
the Parking Credit system as set forth in Section 7-8. Parking credits are
not applicable when any Use is converted into Hotel Units.
4.
The above provisions are not applicable in those cases where multiple
permits in one calendar year have been issued for a property where the
value of the work exceeds 50% of the value determination of the property
or for properties which are located in a Redevelopment Area or in
Structures which are under a Demolition order from the Dade County
Unsafe Structures Board.
5
If a Building is damaged or rehabilitated by less than fifty (50%) percent the
Value Determination of a Building as determined by the Building Official as
set forth in the South Florida Building Code, it may be repaired and used as
before the time of damage, provided that
C.
hs
of
2) mon
ifica tc
thin twelve (1
of use. Cert
reconstruction J.re completed w
such damage and :1 Certificate
3.2
Such repairs or
of the da te of
Completion, Certificate of Occupancy or Occupational License has been
issued by the City;
2. Such repairs or reconstruction in the damaged portion of the Building
shall meet the requirements of the Miami Beach Property Maintenance
Standards, the South Florida Building Code, Fire Prevention and Safety
Code, and if a Historic Structure, shall comply substantially with the
Secretary of Interior Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures, U.S. Department of the Interior (1983)
and as amended and;
3. Damaged and subsequently repaired units shall meet the Floor Area
requirements as set forth for the district in which the Property is located.
D. If a Nonconforming Building has been cited by the Dade County Unsafe
Structures Board, the owners shall bring the Structure into conformity with
applicable codes within the time period specified by said Board. With regard
to multiple Family residential Buildings, all of the units shall meet the Floor
Area requirements as set forth in Section 6 of this Ordinance for the applicable
Zoning District. If the Building is not brought into compliance within said time.
period, the Building shall not again be used except in compliance with all the
regulations of this Ordinance.'
E. Nonconforming Buildings and Uses in the Performance Standard (PS) Districts
shall conform to Section 20-3,C of this Ordinance in addition to the regulations
con tained in Section 13.
13-6 INTERMITTENT OR ILLEGAL USES.
The casual, intermittent, temporary, or illegal Use of land or Buildings shall not be
sufficient to establish the existence of a Nonconforming Use and the existence of
Nonconforming Use on a part of a Lot or tract shall not be sufficient to establish a
Nonconforming Use on the entire Lot or tract.
13-7 EXISTENCE OF A NONCONFORMING BUILDING OR USE.
A. The Planning and Zoning Director shall make a determina tion as to the existence
of a Nonconforming Use or Building and in so doing may make use of affidavits
and investigation in addition to the data presented on the City's Building Card,
Occupational License or any other official record of the City.
B. The question as to whether a Nonconforming Use or Building exists shall be a
question of fact and in case of doubt or challenge raised to the determination
made by the Planning and Zoning Director, the question shall be decided by
appeal to the Board of Adjustment after public notice and hearing and in
accordance with the procedures set forth in Section 16 of this Ordinance. In
making the determina tion the Board may require certain Improvemen ts tha tare
necessary to insure that the Nonconforming Use or Building will not have a
negative impact on the neighborhood.
13.3
BUILDING NONCONFORMING IN HEIGHT. DENSITY. PARKING. FLOOR AREA
RA TIO OR BULK
3-8
A Nonconforming Building shall not be altered or extended, unless such
Alteration or extension decreases the degree of Nonconformity but in no
instance shall the Floor Area requirements of any unit which is being altered
or extended be less than the required Floor Area set forth in Section 6 of this
Ordinance for the applicable Zoning District.
A.
PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS
NDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS
3-9
The following procedure is only applicable to zoning violation notices for Buildings or
Structures which contain units which are illegally subdivided, units which have
illegally installed kitchens and existing units which are below the minimum size
established by the City. Units shall be defined as Apartment Units, Hotel Units and
Adult Congregate Living Facility Units.
Ootions
Upon receiving a zoning violation notice relating to units which are illegally
subdivided, units which have illegally installed kitchens and units which are below the
minimum size established by the City the property owner shall appear before the Code
Enforcement Board at its next regularly scheduled hearing and state which of the
fOllowing actions the owner will take. If the owner fails to appear before the Code
Enforcement Board at its next regularly scheduled hearing, prosecution of the
violations shall start immediately. An owner may wish to voluntarily conform with this
Section by complying with the below procedures.
A.
ma y either:
Come into compliance with the parking, density and Floor Area
regulations of the Zoning Ordinance with regard to these units and
obtain a new Certificate of Occupancy or Certificate of Completion,
whichever is appropri(\te, within six (6) months from the date the zoning
violation notice was received, or
The owner
1.
record
floor plan on
Conform to the Building or Structure's approved
with the City's Building Department. or
2.
n
is
Unit which
and
ly non-conforming by
paying $100 plus a processing fee of $25.00 per
violation to the Planning and Zoning Department
ega
as
these units
Esta blish
a.
3
by bringing the Building into compliance with the following codes
and requirements within six (6) months of the date the zoning
violation notice was received:
b.
Owner must show affirmative proof that the Building
was purchased prior to September 30. 1987
1)
891 as amended,
and Floor A r~:l
City of ;\-fiami Beach Zoning Ordinance
with th~ exception of par kin g, densi cy
3.4
(2)
regulations (owner must comply with all other Zoning
Ordinance regulations).
If the Building is a Historic Structure as defined by the
City of Miami Beach Zoning Ordinance 89-2665 as
amended, Exterior improvements (paint, windows, doors,
architectural detailing) shall substantially meet the design
criteria as listed in the Secretary of Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating
Historic Structures, U.S. Department of the Interior
(Revised 1983) and as amended. (Compliance with this
requirement is to be determined by the Planning and
Zoning Department.)
(3) South Florida Building Code
(4) Fire Prevention and Safety Code
(5) Code of the City of Miami Beach Ch. 17 A, Rental Housing
and Ch. 17B, Property Maintenance Standards.
(6) Owner must have paid and met all requirements with
regard to permit and license fees.
(7) Owner must have no outstanding City liens on the property
in question.
If the property owner does not comply with all of the above within six
(6) months of the date the zoning violation notice was received, the owner
shall be prosecuted before the Code Enforcement Board for the existing
viola tions.
B. City Administration Procedures:
The Code Enforcement Division shall provide a monthly listing of all properties
cited with the zoning violations in question to the affected departments. Each
of the affected department heads shall send a written report to the Planning and
Zoning Director regarding the status of the Building. The report shall be sent
to the Planning and Zoning Department upon compliance with the applicable
code or requirement, or six (6) months from the date of the zoning violation
notice in question, whichever occurs first.
The departments required to send a written report are as follows:
1. Fire Department
2. Code Enforcement Division
3. Building Departmen t
4. Planning and Zoning Department
5. Finance Department, Revenue Division, Lien Section
Upon receipt by the Planning and Zoning Department from all affected
departments that there are no existing violations on the subject property the
Planning and Zoning Department will notify the Building Official to correct
the Building Card so that the illegally non-conforming units will now be legally
non-conforming.
13.5
Boa rd
under
rocedure
Buildings which are subject to Dade County Unsafe Structures
Orders are not eligible to retain illegally non-conforming units
option #3.
this
to use
ible
which are not eli
tures
ru
I
C.
to be retained
are not eligible
per unit
Units with less than 200 sq. ft.
under option #3.
2.
If compliance with this procedure would require the owner to make
Improvements totalling 50% or more of the Value Determination of the
Property if located north of 6th Street or 50% or more of the Dade
County tax assessed value for properties in the Redevelopment Area, the
owner will not be permitted to retain the illegally non-conforming units
pursuan t to option #3.
3.
lacement
If a Building comes into compliance pursuant to option #3 and subsequently the
owner makes renovations totalling 50% or more of the Value Determination of
the Property if located north of 6th Street or 50% or more of the Dade County
tax assessed value for properties in the Redevelopment Area, the owner must
bring the Building into compliance with the density, parking and Floor Area
regulations of the City of Miami Beach Zoning Ordinance and will not be able
to retain the legally non-conforming units.
3.6
reater than 50% of value of structure or re
uenL renovations
~
D.
SECTION 14
CHANGES AND AMENDMENTS
The City Commission may, from time to time, amend the Zoning Ordinance or change
the Zoning District boundaries. All amendments shall be consistent and compatible
with the Comprehensive Plan and shall be enacted in accordance with the following
provisions:
14-1 PETITION FOR CHANGES AND AMENDMENTS
A. An application for a change in a zoning district boundary, a substantial change
in permitted Uses in a zoning district or a change in the Future Land Use Map
of the Comprehensive Plan may be submitted to the Planning and Zoning
Director by the City Manager, or upon an adopted motion of the City
Commission, Planning Board, Board of Adjustment, or Historic Preservation
Board with regard to the designation of Historic Districts, Sites or matters that
directly pertain to historic preservation, or by owners of a majority of Lot
Frontage in the area which is the subject of the proposed change, provided that
the area shall contain not less than four hundred (400) feet of Lot Frontage on
one (1) public Street or a parcel of not less than eighty thousand (80,000) square
feet.
B. A request to amend the Zoning Ordinance or Comprehensive Plan which does
not affect zoning district boundaries or substantially change permitted Uses in
zoning districts may be submitted by those eligible to submit an application
pursuant to paragraph A above or by any Person who owns property that is
affected by the zoning regulations he wishes to amend.
C. The Applicant or his representative shall file an application with the Planning
and Zoning Department in accordance with a form approved by the City
Attorney and shall supply all information pertinent to the proposed amendment
as requested by the Planning and Zoning Department.
D. Any Applicant requesting a public hearing on any application for an amendment
to this Ordinance shall pay, upon submission, the applicable fees as follows:
1.
Amendment pursuant to
paragraph A above.
2.
Amendment pursuant to
paragraph B above.
14.1
Change of zoning or change on
the Future Land Use Map of the
Comprehensive Plan: $0.05 per
square foot of Lot Area, plus
$0.50 per mailing address.
Proposals that involve a change
of zoning or Future Land Use
Map changes shall pay $0.05 per
sq.ft. of Lot Area for each
request. Substantial changes in
Permitted Uses: $500 per section
of the Zoning Ordinance or
Comprehensi ve Plan.
$500 per section of the Zoning
Ordinance or Comprehensive
Plan.
The above fees are for the purpose of defraying expenses of public notices,
including but not limited to postage and other administrative costs associated
with processing and analyzing the request. No application shall be considered
complete until all requested information has been supplied and all applicable
fees have been paid.
Upon receipt of a completed application, the Planning and Zoning Director shall
transmit the application along with his analysis and recommendations regarding
the proposed amendment to the Planning Board for review; however, any hearing
on the proposed amendment shall be set for at least thirty (30) days following
receipt of a completed application by the Planning and Zoning Department
E.
BOARD
Before the City Commission takes any action on a proposed amendment to the
regulations of this Ordinance or to the established zoning district boundaries, the
Planning Board shall review the request and provide the City Commission with a
recommendation as to whether the proposed amendment should be approved or denied.
In reviewing the application, the Planning Board may propose an alternative ordinance
on the same subject for consideration by the City Commission. The following
procedures shall apply to the Board's consideration of the request:
REVIEW BY PLANNIN
14-2
Within sixty (60) days of receiving an application the Board shall hold a public
hearing. Within thirty (30) days from the close of the public hearing the Board
shall submit its report and recommendations on the proposal to the City
Commission.
A.
When an application requests a change in zoning district boundary or a
substantial change in permitted Uses in a Zoning district, notice of public
hearings before the Planning Board shall be the same as the notice required for
a hearing before the City Commission as set forth in Section 14-3, A.
B.
When an Applicant requests an amendment other than a change in zoning
district boundary or change in permitted Uses in a zoning district, then notice
of public hearings before the Planning Board shall be the same as the notice
required for a hearing before the City Commission as set forth in Section 14-
3, B.
C.
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.
of
The Planning Board may swear witnesses on their own volition or on request
any party to a hearing and may compel appearance of witnesses.
D.
Any Person appearing before the Planning Board or the City Commission
at a public hearing in regard to an application for a change of a zoning
district boundary 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."
4.2
1.
2. Any Person giving false testimony before the Planning Board or City
Commission at a public hearing in regard to an application for a change
of zoning or other amendments to this Ordinance shall be subject to the
maximum penalty provided by law.
E. In reviewing a request for an amendment to this Ordinance, the Board shall
consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the
Comprehensive Plan and any applicable neighborhood or Redevelopment
Plans;
2. Whether the proposed change would create an isolated district unrelated
to adjacent or nearby districts;
3. Whether the change suggested is out of scale with the needs of the
neighborhood or the City;
4. Whether the proposed change would tax the existing load on pu blic
facilities and infrastructure;
S. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change;
6. Whether changed or changing conditions make the passage of the
proposed change necessary;
7. Whether the proposed change will adversely influence living conditions
in the neighborhood;
8. Whether the proposed change will create or excessively increase traffic
congestion or otherwise affect public safety;
9. Whether the proposed change will seriously reduce light and air to
adjacen t areas;
10. Whether the proposed change will adversely affect property values in
the adjacen t area;
11. Whether the proposed change will be a deterrent to the Improvement or
Development of adjacent property in accordance with existing
regulations;
12. Whether there are substantial reasons why the property cannot be used
in accordance with existing zoning;
13. Whether it is impossible to find other adequate Sites in the City for the
proposed Use in a district already permitting such Use.
F. An application for a change of zoning or amendment to the Zoning Ordinance
may be withdrawn by a request from the Applicant at any time before a decision
of the Planning Board. If the application is 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 (1)
year after the date established for the prior hearing. Filing fees shall not be
refunded once the public hearing has been ad vertised.
14.3
ION
Within sixty (60) days of transmission of the recommendation of the Planning Board
to the City Commission, the Commission shall set a date for a public hearing regarding
the proposed amendment and shall consider the amendment as provided herein:
14-3
Amendments which propose a change in zoning district boundaries of private
parcels of real property or which substantially change permitted Uses in zoning
districts.
A.
In cases in which the proposed amendment involves less than five (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 or whose land will be
affected by the change in permitted Uses 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 or
permitted Uses 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 thirty (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 two
public hearings on the proposed ordinance and may, upon the conclusion
of the second hearing, vote to pass the proposed ordinance pursuant to
Section 9 of the City Charter. At the close of the reading, the City
Commission may adopt the ordinance.
I
In cases in which the proposed ordinance deals with more than five (5%)
percent of the total land area of the City, the City Commission shall
provide for public notice and hearings as follows:
2.
The City Commission shall hold two (2) advertised public hearings
on the proposed ordinance. Both hearings shall be held on a
weekday, and the first shall be held approximately seven (7) days
after the day that the first advertisement is published. The second
hearing shall be held approximately two (2) weeks after the first
hearing and shall be advertised approximately five (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
pu blic hearing.
a.
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 eighteen
(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, not one of limited
subject matter. Whenever possible, the advertisement shall appear
in a newspaper that is published at least five (5) days a week
14.4
b.
unless the only newspaper in the community is published less than
five (5) days a week.
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
on
hearing on
at
the
rezoning
will
be
held
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.
In lieu of or in addition to publishing the advertisement set forth in
paragraph (b) above, the City may mail a notice to each Person owning
real property within 375 feet of the area covered by the ordinance and
to Persons owning real property within the area that is the subject of the
request. Such notice shall clearly explain the proposed ordinance and
shall notify the Person of the name, place, and location of both public
hearings on the proposed ordinance.
B. When a request to amend the Zoning Ordinance does not involve a change in
zoning district boundaries of private parcels of real property or change in
permitted Uses within a zoning district, then the following procedures shall
apply:
1. Notice of public hearing before the City Commission shall be given by
publishing the time, place, and nature of the hearing at least fifteen (15)
days, before the hearing, in at least one (1) newspaper of general
circulation in the City.
2. The City Commission shall hold a public hearing on the proposed
amendment and may, upon the conclusion of the hearing vote to pass the
ordinance.
3. Upon passage of the ordinance, a second reading shall be set pursuant to
Section 9 of the City Charter. At the close of the second reading the City
Commission may adopt the ordinance.
C. An affirmative vote of 5/7ths of all members of the City Commission shall be
necessary in order to enact any amendment to this Ordinance.
D. Any application for Amendment to the Ordinance or Change of Zoning may be
withdrawn by a request in writing by the Applicant at any time before a
decision of the City Commission, but if withdrawn after advertisement for a
public hearing or after posting of the property, the same amendment shall not
be resubmitted, except by an official of the City of Miami Beach or a member
of the City Commission, sooner than one (1) year after the date established for
the prior hearing. Filing fees shall not be refunded upon any withdrawal.
14.5
14-4 RE IDERA TION OF DISTRICT BOUNDARY CHANGES.
When a proposed change in district boundaries has been acted upon by the City
Commission and disapproved or failed of passage, such proposed change, in the same
or substantially similar form shall not be reconsidered by the City Commission for a
period of at least one (1) year following the date of such action.
4-5 AMENDMENT OF COMPREHENSIVE PLAN
Amendments to the Comprehensive Plan shall follow the procedures set forth in
Chapter 163 of the Florida Statutes (1987) and amendments thereto.
4-6 PERIODIC REVIEW
It shall be the duty of the Planning Board and the Board of Adjustment, in cooperation
with the Planning and Zoning Director and the City Attorney to continuously review
the provisions and the regulations in this Ordinance, including the District Maps, and
the Comprehensive Plan and from time to time, to offer recommendations to the City
Commission as to the sufficiency thereof, in accomplishing the Development plans of
the City.
14.6
SECTION 15
DUNE OVERLAY REGULATIONS
15-1 LOCATION.
These regulations shall apply to all Uses and Structures located west of the Erosion
Control Line, east to the edge of the pool deck, if one is present, or the old Miami Beach
Bulkhead Line.
15-2 PURPOSE.
These regulations are designed to accommodate and promote recreational, Open Space
and related Uses. Detailed review of all Uses and Structures are required because this
area functions as a transitional zone between the intensely developed uplands and the
Dune and beach. It accommodates Uses and Structures which are compatible and
supportive of the Beachfront Park System and the natural beach environment.
15-3 COMPLIANCE WITH REGULATIONS
A. As specified in Section 18, Design Review Regulations, applications for a
Building Permit shall be reviewed and approved by the Design Review Board.
B. All Structures shall comply with all other local, state, and federal regulations
governing such Uses including but not limited to Chapter 161, Florida Statutes
and Chapter 16B - 33, Florida Administrative Code. Notwithstanding these
requirements, the Applicant may receive a City of Miami Beach Building Permit
or Occupational License prior to receiving approvals pursuant to the above
referenced sta tu tes.
15-4 USES AND STRUCTURES PERMITTED.
Uses and Structures permitted under this Section shall be designed to accommodate and
channel pedestrian movement in such a manner as to protect and enhance vegetation
and the beach. No land or Structure shall be used, in whole or in part, except for one
or more of the following permitted Uses:
A. Shade Structures and chickees shall be open on all sides and, with the exception
of supporting columns, and shall have an unobstructed, clear space between the
edge of the roof covering and finished floor of not more than eight (8) feet.
B. Decks and patios constructed of wood materials with or without "built in" tables,
chairs, lighting, and benches. All Structures shall be located a minimum of ten
(10) feet west of the Erosion Control Line.
C. Drainage Structures as per the requirements of th'e Public Works Department and
applicable regulations of the County, State, and Federal agencies.
D. Promenade Linkage shall be constructed of wood materials and shall conform
to the design specifications established in the Beachfront Park and Promenade
Plan. Sites having less than three hundred (300) linear feet of oceanfront
frontage shall be limited to one (1) Dune crossing and/or Promenade Linkage.
15.1
Sites having more than three hundred (300) linear feet of oceanfront frontage
shall be permitted one (1) crossing or linkage per each additional one hundred
(l00) linear feet of frontage or part thereof. In no instance, however, shall the
total aggregate number of crossings and linkages exceed four (4) per Site.
In no
Portable beach furniture such as chaise lounges, chairs, and umbrellas.
instance shall said furniture be stored east of the Bulkhead Line.
E.
more than
Walkways and ramps constructed of wood materials and which are not
six (6) feet in width.
F.
of
specifications
the
Landscaping conforming
Promenade Plan.
G.
Park and
No Commercial Uses shall be permitted except for Beachfront Cafes, Outdoor
Cafes and concessions that are associated with the rental of beach or water
related products. All food shall be prepared off the Premises in the upland
Structures and brought to the Outdoor Cafe or Beachfront Cafe. However,
drinks may be prepared in the Outdoor Cafe or Beachfront Cafe. When food
is cooked or reheated on the Premises or the cafe is not associated with an
upland Restaurant it shall be considered a Conditional Use.
Beachfront
the
to
H.
DEVELOPMENT REGULATIONS
Minimum Ooen Soace Reauirements: At least eighty (80) percent of the Site
shall remain open to the sky, landscaped or maintained as sand beach. All areas
covered by the Uses permitted above, other than portable beach furniture, shall
be considered in the Lot Coverage calculation.
A.
15-5
ize and Soacing of Chickees. Shade Structures and Outdoor Cafes: As the Dune
Overlay regulations are intended to provide a natural beach environment, it is
recommended that individual Structures/decks be less than 400 square feet in
Floor Area and that Structures be separated by a distance of 10 to 25 feet and
that this area be landscaped. Nothing in this Section shall be considered to allow
Development exceeding the maximum stated in Section 15-5,A above.
B.
Minimum Lot Area: All applications for a Building Permit shall provide a
landscape and Development plan for all of the area within the property lines.
For purposes of this Section, the Site shall constitute all of the area within the
Lot Lines.
C.
Minimum Yards:
D.
park
ipal
ic
line,
adjacent to any Bulkhead Line.
side property
feet
Fifteen (15) feet adjacent to any
Street end, or right-of-way.
(0)
Zero
1
2.
mun
Ten (10) feet from the Erosion Control Line when any Structure has a
finished floor elevation of three (3) feet or less than the elevation of the
top of the Dune. For every additional one (1) foot increase in the
finished floor elevation of the Structure an additional one (1) foot of set
back is required, to a maximum of 15 feet. '
15.2
3.
E. Finished Floor Elevation: Shall have a maximum height of two and one half (2
1/2) feet above the dune. Notwithstanding the above limit, the Planning
Department shall determine the maximum permitted elevation for Structures
based upon existing Site conditions, the proposed construction, the Dune and
relationship between all Structures.
F. Maximum Building Height: One (I) Story or twelve (12) feet; whichever is
greater. Notwithstanding the above limit, the Planning Department shall
determine the maximum permitted elevation for Structures based upon existing
Site conditions, the proposed construction, the Dune and relationship between
all Structures.
G. Maximum Densitv: Zero (0)
H. There shall be no parking requirement for Uses allowed under this Section.
15.3
SECTION 16
BOARD OF ADJUSTMENT
16-1 MEMBERSHIP
The Board shall be comprised of five (5) voting members and two (2) ex-officio
members. The two (2) ex-officio members shall not have voting privileges and
their presence shall not be counted for the determination of a quorum. The ex-
officio members are the Planning and Zoning Director and Public Services
Director.
The remaining five (5) members shall consist of the following:
One (1) member shall be appointed from each of the following professions or
callings: Law, Architecture, Engineering, Real Estate Development, Certified
Public Accounting, Financial Consultation and General Business. The members
representing the professions of Law, Architecture, Engineering and Public
Accounting shall be duly licensed by the State of -Florida; the member
representing General Business shall be of responsible standing in the community.
Members shall be appointed for a term of one (1) year by a five-sevenths (5/7)
vote of the City Commission. Members of the Board must be either residents of
or have their principal place of business in Miami Beach.
16-2 CONFLICT OF INTEREST
Members of the Board shall abide by the applicable provisions of Florida Statute
Chapter 112 (1987), as amended, the Metropolitan Dade County, Fla., Code
Chapter 2 (1987), and Code of the City of Miami Beach Chapter 2, Article III
(I 964) and shall be subject to removal from office for the violation of the terms
thereof.
16-3 NOTIFICATION OF HEARINGS
The Board shall not vary or modify any regulation or prOVISIon of this
Ordinance or hear an Appeal of an Administrative Decision until a public
hearing has been held. Notice of the public hearing shall appear in a newspaper
of general paid circulation at least fifteen (15) days prior to the public hearing
date and be given by mail to the owners of record of land lying within 375 feet
of the Applicant's property. The notice shall indicate the date, time and place
of the hearing and a general description of the proposed construction and how
it varies from the Ordinance. Where the application is for an appeal of an
administrative decision the preceding information shall be supplemented by an
explanation of what is being appealed.
16-4 MEETINGS AND RECORDS
Meetings of the Board of Adjustment shall be held at least once monthly, or at
such other times as the Board may determine, or upon call of the chairman. The
Board shall adopt its own rules or procedures and keep minutes of its
proceedings showing its action on each question considered.
16.1
DETERMINATION OF JURISDICTION
All Variance requests shall be submitted to the City Attorney for a
determination of whether the requested Variance is properly before the Board
and whether it constitutes a change or amendment to the Zoning Ordinance. The
jurisdiction of the Board of Adjustment shall not attach unless and until the
Board has before it a written opinion from the City Attorney that the subject
matter of the request is properly before the Board. The separate written
recommendations of the Planning and Zoning Director and of the Public Works
Director shall be before the Board prior to its consideration of any matter
before it.
16-5
PR
16-6
Filing Period
Every application for a Variance, an after the fact Variance or an appeal from
an administrative decision shall be filed within thirty (30) days from the date
of the refusal of a permit by, notice of violation, ruling, decision or
determination of, the Building Official or other administrative official. If the
Applicant or appellant receives notice of the above by mail, then the Applicant
or appellant shall have an additional five (5) days in which to apply for an
appeal or after the fact Variance.
A.
Any Person appearing before the Board of Adjustment on an application for a
Variance from the provisions of this Ordinance or an application for an appeal
of an administrative decision shall be administered the following oath by any
Person duly authorized under the laws of Florida to administer oaths:
B.
"I, , do hereby swear, under oath that any
arid 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."
Any Person giving false testimony before the Board of Adjustment on an
application for a Variance from the provisions of this Ordinance or on appeal
of an administrative decision shall be subject to the maximum penalty provided
by law.
Upon the withdrawal or denial of an application for a Variance from the
provisions of this Ordinance, no new application may be filed for such Variance
within six (6) months following such withdrawal or denial, unless, however, the
decision of the Board of Adjustment taking any such final action is made
without prejudice, or unless the withdrawal of such application is permitted to
be made without prejudice. An application may be withdrawn without prejudice
by the Applicant as a matter of right, if such request is signed by the Applicant
and filed with the Planning and Zoning Department prior to the giving of any
notice required by this Ordinance; otherwise, all such requests for withdrawal
shall be with prejudice, save and except that the Board of Adjustment may
permit withdrawals without prejudice at the time the application for said
Variance is considered by the said Board; provided further, that no application
may be withdrawn after final action has been taken.
c.
has been properly considered by the
record the Board's order in the public
Within a reasonable time after a request
Board of Adjustment, the Applicant shall
6.2
D.
records of Dade County. No Building Permit, Certificate of Occupancy,
Certificate of Completion or licensing permit shall be issued until the
recordation requirements has been complied with. Prior to the recordation, the
City Attorney shall approve the instrument.
16-7 POWERS AND DUTIES
A. The Board of Adjustment shall have the following powers and duties:
1. To hear and decide appeals when it is alleged that there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of this Ordinance with the exception of
appeals pursuant to Section 17-4H. In the event of an Administrative
Appeal to the Board of Adjustment,- the Planning and Zoning Director
may engage the services of an attorney for the purpose of representing
the Administrative Officer who made the decision that is the subject of
the appeal.
In exercising this power, the Board of Adjustment, may upon appeal,
reverse or affirm, wholly or partly, the order, requirement, decision, or
determination, and to that end shall have all the powers of the officer
from whom the appeal is taken. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official or to
decide in favor of the Applicant on any matter upon which the Board
is required to pass under Ordinance.
2. To authorize, upon application such Variance from the terms of this
Ordinance as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of a provision of this Ordinance
would result in unnecessary and undue hardship. An application for a
Variance shall be limited to the following development regulations:
height, average and minimum unit sizes (but not the average unit size
when used in determining the bonus for the Floor Area Ratio), setback
areas, size and location of Signs, Open Space Ratio, and off-Street
parking and loading requirements (however, no Variance shall be given
for off-Street parking for less than one space per Apartment Unit or
Hotel Unit, or a request pertaining to the reduction of an impact fee, or
for Lot Area when determining floor area ratios). In order to authorize
any Variance from the terms of this Ordinance, the Board of Adjustment
shall find:
a. That special conditions and circumstances exist which are peculiar
to the land, Structure, or Building involved and which are not
applicable to other lands, Structures, or Buildings in the same
zoning district;
b. That the special conditions and circumstances do not result from
the action of the Applicant;
c. That granting the Variance requested will not confer on the
Applicant any special privilege that is denied by this Ordinance
to other lands, Buildings, or Structures in the same zoning district;
16.3
That literal interpretation of the provisions of this Ordinance
would deprive the Applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
Ordinance and would work unnecessary and undue hardship on
the Applicant;
d.
That the Variance granted is the minimum Variance that will
make possible the reasonable Use of the land, Building or
Structure
e.
That the granting of the Variance will be in harmony with the
general intent and purpose of this Ordinance and that such
Variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
f.
That the granting of this request is consistent with the
Comprehensive Plan and does not reduce the levels of service as
set forth in the Plan. The Planning and Zoning Director may
require Applicants to submit documentation to support this
requirement prior to the scheduling of a public hearing or anytime
prior to the Board voting on the Applicant's request.
g.
In granting a Variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards. Violation of such conditions and
safeguards, when made a part of the terms under which the Variance is
granted, shall be deemed a violation of this Ordinance.
3.
The Board of Adjustment may prescribe a reasonable time limit within
which the action for which the Variance is required shall begin or be
completed or both. Notwithstanding the above, the Applicant shall obtain
a Building Permit within six (6) months from the date on which the
Board approved the Variance request. If a Building Permit has not been
issued for the work within six (6) months or if the work has not
commenced within two (2) years, or within the time period established
by the Board, then the Applicant may request an extension of time for
a period not to exceed one (1) year. Said request shall occur within the
two (2) year period. If the Building Permit is not issued within the six
(6) month period or an extension of time is not granted then the original
approval shall be void. If the request for an extension of time is within
the two (2) year period, notice requirements as listed in Section 16-3 shall
not apply; however, the request shall be placed on the agenda and a
notice shall be placed in a paper of general paid circulation within
fifteen (15) days of the public hearing date.
4.
Under no circumstances shall the Board of Adjustment grant a Variance
to permit a Use not generally permitted in the zoning district involved
or any Use expressly or by implication prohibited by the terms of this
Ordinance. No Nonconforming Use of neighboring lands, Structures, or
Buildings in other zoning districts shall be considered grounds for the
authorization of a Variance.
5.
The Board shall fix a reasonable time for the hearing of the Variance
request after a complete application as determined by the Planning and
Zoning Director, give public notice thereof as well as due notice to the
parties in interestL and decide same within a reasonable time. The
6.4
6.
decision of the Board shall be in writing and shall be mailed promptly
to the Applicant.
7. A Building Permit shall not be issued until the Applicant records the
Final Order against the property in the public records of Dade County.
8. The Board shall determine, on a yearly basis, the Parking Impact Fee
based upon data supplied by various departments involved with
construction. The Planning and Zoning Director shall coordinate the
submission of data and provide the Boardwith a recommendation as to
establishment of the appropriate fee based upon the cost of providing
parking.
B. ~- The below fee schedule is established for the purpose of defraying
expenses of public notices, postage, printing, determining the impact of the
request and other administrative costs in connection with Variance requests;
when it is alleged there is an error in any administrative order, requirement,
decision, or determination made by an administrative official; or a request for
the Board to clarify a condition, finding, or amend a decision.
1. Variances. Aooeals from Administrative Decisions and Signs:
a.
Single-Family Residences
$100 filing fee plus $50 for
each individual Variance
requested.
b.
Parking Requirements
$200 filing fee plus $100 for
each individual Variance
requested
c.
Multi-Family, Commercial,
Industrial or mixed Use
Development properties
$400 filing fee plus $100 for
each individual Variance
requested
d.
Appeal from Administrative
Decision
$400
e.
Signs
$200 plus $50 per Request
With the exception of Variances associated with single Family residences,
the application fee shall be supplemented by an additional $0.50 per
mailing address.
2. Deferments. Withdrawals and Clarifications
If a deferment or an extension of time is requested by the Applicant, an
additional fee shall be assessed as follows:
a.
Single-Family Residences
$50 per Variance
b.
Parking Requirements
$50 per Variance; but not
less than $100
c.
Multi-Family,
Industrial or
Developmen t
Commercial,
mixed Use
$50 per Variance; but not
less than $100
16.5
$200
Appeal from Administrative
Decision
d.
Sign
$25 per Variance
whichever is greater
Signs
e.
or
If a request for a deferral is approved by the Board of Adjustment, and
not at the request of an Applicant, there will be no additional fee.
3.
When an Applicant requests a clarification, extension of time, an
amendment to a previous Board of Adjustment decision, or any other
request that is not a Variance or Appeal of an Administrative Decision,
a fee of $250.00 shall be assessed. Public Notice requirements listed in
Section 16-3 shall be applied.
4.
If the Applicant withdraws his application after it has been accepted by
the Planning and Zoning Department, the City shall refund 50% of all
required fees and no further refund shall be made.
5.
A public hearing or appearance by the Applicant before the Board shall
not be scheduled or permitted until the Planning and Zoning Department
has determined that the application is complete and all fees have been
paid.
6.
F WORK AND PRO_CEEDINGS~N 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 whom
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
a 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 upon application, upon
notice to the officer from whom the appeal is taken and for due cause shown.
16-8
F BOARD'S DECISION
The decision of the Board of Adjustment shall be final and there shall be no further
review thereof except by resort to a court of competent jurisdiction by petition for writ
of certiorari.
6.6
APPEAL
6-9
SECTION 17
PLANNING BOARD
17-1 POWERS AND DUTIES
A. To acquire, compile and collate all available data, materials, statistics, maps,
photographs, reports and studies necessary to obtain an understanding of past
conditions and present trends, which affect the City and the economic and
general welfare of its residents.
The Board shall evaluate data and determine the past, present and future trends
as they relate to population, property values, economic bases, land Use, and to
evolve the principles and policies required to guide the direction and type of
future Development and expansion of the City.
B. To conduct such public hearings as may be helpful in gathering information and
data necessary for the presentation of suitable and appropriate plans for the
comprehensive and systematic Development of the City and to transmit the same
for consideration by the City Commission.
C. To make, cause to be made, or obtain special studies on the location, condition
and adequacy of specific facilities of the City. These may include, but are not
limited to, studies on single and multiple family housing, including Hotels,
Apartment Buildings, cooperatives and condominiums, commercial and industrial
conditions and facilities, beaches, parks, playgrounds and other recreational
facilities, public Buildings, public and private utilities, traffic, transportation.
and parking. The Board shall be authorized to study and consider any and all
studies made and published by the Federal, State and County governments.
D. To make appropriate studies of the location and extent of present and
anticipated use of land, population, social and economic resources and problems,
and to submit such data, with the recommendations of said Board, to the City
Commission.
E. To consider and to act upon any and all matters referred to it by the City
Commission or by the provisions of any City ordinance pertaining to land Use
and to submit its findings and recommendations on such matters to the City
Commission.
F. In granting a request, the Board may prescribe appropriate conditions and
safeguards which are consistent and supportive of the City's Comprehensive
Plan, Neighborhood Plan or Capital Improvement Plan. Violation of such
conditions and safeguards shall be deemed a violation of the Ordinance.
G. To carry out its responsibilities as the Local Planning Agency pursuant to the
State of Florida and Local Government Comprehensive Planning and Land
Development Regulations Act (Chapter 163, Florida Statutes, as amended).
H. To insure a high degree of aesthetics and promote quality in construction and
design of Buildings and Structures so as to enhance the value of property and
the physical environment of the City.
I. To consider applications pertaining to Conditional Use Permits, Amendments
to the Zoning Ordinance, Change of Zoning District Boundaries and
Comprehensive Plan Amendments and Future Land Use Map changes.
17.1
me
Cri
To promote reduced crime and fear of crime through the use of
Prevention Through Environmental Design Guidelines and Strategies.
J.
MEETINGS AND PRQCEDURES.
The Board created hereby shall elect a Chairperson, a Vice Chairperson, and a
Secretary. It shall have authority to adopt rules and regulations for its guidance
in the transactions of its business, subject to the limitations of the City's Charter
and ordinances. The Board shall appropriate rules, establish the time, place
and manner of holding regular and special meetings. The Board is also
authorized to call public hearings and to create committees and sub-committees
when deemed appropriate or convenient for the performance of its duties.
A.
17-2
All requests shall be submitted to the City Attorney for a determination whether
the request is properly such, and does not constitute a variance of the Ordinance.
The jurisdiction of the Planning Board shall not attach unless and until the
Board has before it a written certificate of the City Attorney that the subject
matter of the request is properly before the Board. The separate written
recommendations of the Planning Director shall be before the Board prior to its
consideration of any matter before it.
B.
Any person appearing before the Planning Board 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. "
C.
Any person giving false testimony before the Planning Board 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, Florida. (I 647)
1.
uorumand V otin
A quorum shall constitute five (5) regular members. An affirmative vote of five
(5) regular members shall be required to approve a request before the Board.
If an application is denied, the Board shall provide a written statement in
support of its finding.
D.
of Interest
Members of the Board shall abide by the applicable provisions of Fla. Statutes
Ch. 112 (1987), as amended; Metropolitan Dade County, Fla., Code Ch. 2 (1987),
and Code of the City of Miami Beach Ch. 2, Art. In (1964), regarding voting
conflicts and disclosures of financial interests.
nflict
E.
N.
The Board shall be composed of seven (7) regular voting members and two
ex-officio members. Each regular member shall be appointed by a majority vote
of the City Commission. Each regular voting member shall serve for a term of
two years. The Planning Director and City Attorney shall serve in an ex-officio
advisory capacity with no voting authority.
17.2
A.
17-3 C
B. All regular voting members of the Board shall have considerable experience in
general business, land development, land development practices or land use
issues; however, the Board shall at a minimum be comprised of one registered
architect, one developer and one attorney who has considerable experience in
land use and zoning issues, and one person who has education and/or experience
in historic preservation issues. For purposes of this section, the term "education
and/or experience in historic preservation issues" shall be a person who meets
one or more of the following criteria:
I. has earned a college degree in historic preserva tion; or
2. is responsible for the preservation, revitalization or adaptive reuse of
historic buildings; or
3. is recognized by the City Commission for contributions to historic
preservation, education, or planning.
C. No person except a resident of the City of Miami Beach, or an individual having
their main business interest in the City of Miami Beach shall be eligible for
appointment to the Planning Board. In the event any member of the Board fails
to attend more than two consecutive meetings and/or workshops comprised of
the entire Board without due cause or bona fide excuse, as found and
determined by a majority of the Board, said member shall cease to be a member
of said Board.
17-4 CONDITIONAL USE PROCEDURES
A. Puroose. The purpose of this Subsection is to establish a process which is
designed to determine if certain Uses, hereafter referred to as Conditional Uses,
should be permitted, at a given location. Special review of Conditional Uses is
required not only because these generally are of a public or semi-public
character and are essential and desirable for the general convenience and
welfare of the community; but also because the nature of the Uses and
theirpotential impact on neighboring properties, requires the exercise of
planning judgment as to location and Site Plan.
B. Review Guidelines. Conditional Uses may be approved in accordance with the
Procedures and standards of this Section, provided that:
1. the Use is consistent with the Comprehensive Plan or Neighborhood Plan
if one exists for the area in which the property is loca ted;
2. the intended Use or construction will not result in an impact that will
exceed the thresholds for the levels of service as set forth in the
Comprehensive Plan.
3. Structures and Uses associated with the request are consistent with this
Ordinance;
4. the public health, safety, morals, and general welfare will not be
adversely affected;
5. adequate Off-Street Parking facilities will be provided;
6. necessary safeguards will be provided for the protection of surrounding
property, persons, and neighborhood values.
17.3
A lications for Conditional Uses. Applications for approval of a Conditional
Use shall be submitted to the Planning and Zoning Department, which shall
prepare a report and recommendation for consideration by the Board, and when
required, by the City Commission. Within a reasonable time, but in no instance
less than thirty (30) days after receipt of a completed application, the Board
shall hold a public hearing, at which parties in interest and citizens shall have
an opportunity to be heard. Approximately fifteen (15) days prior to the pu blic
hearing date, a description of the request, and the time and place of such
hearing shall be posted on the property and advertised in a paper of general paid
circulation in the community;.notice shall also be given by mail to the owners
of record of land lying within 375 feet of the property.
C.
Site Plan Required
Each application for a Conditional Use Permit shall be accompanied by
a Site Plan meeting the requirements of Section 21, and such other
information as may be required for a determination of the nature of the
proposed Use and its effect on the Comprehensive Plan, the neighborhood
and surrounding properties.
1
Time Limitations
Approval of a Conditional Use under this Section shall become
null and void if a Building Permit has not been issued within six
(6) months after the date of approval. Such Conditional Use may
also become null and void if a Certificate of Occupancy,
Certificate of Completion or an Occupational License is not issued
within two (2) years after approval.
a.
2.
When extenuating circumstances or compelling reasons prevent the
Applicant from complying with conditions of approval within the
above stated time periods, the Applicant may submit a request to
the Planning and Zoning Director who, after consultation with
the Chairman of the Planning Board, may approve one nine (9)
month extension of time to: (1) obtain a Building Permit, or (2)
to complete all construction work and obtain a Certificate of
Occupancy, Certificate of Completion or Occupational License.
Subsequent requests for an extension of time shall only be
approved by the Planning Board where the public notice
requirements shall be satisfied by placing the request on the
Board's Agenda. Appeal of the Planning and Zoning Director's
decision shall be to the Board and shall be scheduled no earlier
than 20 days prior to the next regular meeting date. Appeal of the
Board's decision shall be to the City Commission. A five-sevenths
(5/7) vote of the Commission shall be required to overrule a
decision of the Planning Board relating to an extension of time
requested. The appeal shall be filed within 30 days of the date
on which the Board's decision is reached.
b.
ving Facilities
Approval of an a Adult Congregate Living Facility under
the Conditional Use procedures shall become null and void
if a Building Permit has not been issued within nine (9)
months after the date of approval. Such Conditional Use
shall become null and void if a Certificate of Occupancy,
7.4
Congregate Li
Adult
limitations for
Time
(1)
c.
Certificate of Completion or an Occupational License is
not issued within one (1) year after the Building Permit
is issued.
(2) When extenuating circumstances or compelling reasons
prevent the Applicant from complying with conditions of
approval within the above stated time periods, the
Applicant may submit a request to the Planning Board
which, may approve one extension of time of up to three
(3) months to obtain a Building Permit, or one extension
of time of up to six (6) months to complete all construction
work and obtain a Certificate of Occupancy, Certificate
of Completion or Occupational License.
(3) The public notice requirements shall be satisfied by placing
the request on the Board's Agenda. Appeal of the Board's
decision shall be to the City Commission. A five-sevenths
(5/7) vote of the Commission shall be required to overrule
a decision of the Planning Board relating to an extension
of time requested. The appeal shall be filed within 30 days
of the date on which the Board's decision is reached.
d. An approved and operational Conditional Use which remains idle
or unused in whole or in part for a continuous period of six (6)
months or for eighteen (18) months during any three (3) year
period whether or not the equipment, Fixtures, or Structures
remain, shall be required to seek re-approval of the Conditional
Use from the Board. Resumption of such Use shall not be
permitted unless and until the Board approval has been granted.
D. Comoliance with Conditions
1. No Occupational License, Certificate of Use, Certificate of Occupancy,
or Certificate of Completion shall be issued until all conditions of
approval have been met. The establishment of a Conditional Use without
complying with the conditions of approval shall constitute a violation of
this Ordinance and shall be subject to enforcement procedures as set
forth in Section 21-2.
2. Within a reasonable time after a Conditional Use application or
amendment has been approved, the Applicant shall record the Board's
action and conditions in the Public Records of Dade County. No
Building Permit, Certificate of Use, Certifica te of Occupancy, Certificate
of Completion or Occupational License shall be issued until this
regulation has been complied with.
E. Amendment of an Aooroved Conditional Use
1. When an Applicant requests an amendment to an approved Conditional
Use, the Planning and Zoning Director shall first determine whether
the request is a substantial or minor amendment. A minor amendment
may be authorized by the Planning and Zoning Director. If the Planning
and Zoning Director determines that the request is a substantial
amendment, the review process shall be the same as for a new application.
In determining whether the request is a substantial or minor amendment,
the Planning and Zoning Director shall consider the overall impact of
17.5
the change, increase or decrease in parking or Floor Area, landscaping
and design, consistency with this Ordinance, efficient utilization of the
Site, circulation pattern and other pertinent facts. Any increase in Lot
Area, parking requirements, Floor Area Ratio, density or Lot Coverage
shall be considered as a substantial amendment.
If the Planning and Zoning Director determines the request is a minor
amendment, the Applicant may submit an application for a Building
Permit; however, the Planning and Zoning Director shall approve the Site
Plan prior to the issuance of a Building Permit.
2.
&.a - The below fees are for the purpose of defraying expenses of public notices
and other administrative costs in connection with processing applications:
F.
the
Any Applicant requesting and obtaining a public hearing before
Planning Board shall pay the following fees:
1
mailing
$0.50 per
$400.00 pi us
address
Conditional Use - when a fee
has not been established for
a specific Use
a.
plus
$400 plus $35.00 per bed
$0.50 per mailing address
Living
Congregate
Adult
Facility
b.
A request for minor amendment to an approved Conditional Use,
clarification of conditions or an extension of time shall require a fee of
$250.00.
2.
Use
A request for a substantial amendment to an approved Conditional
shall require a fee of $400.00 plus $0.50 per mailing address.
3.
If an Applicant withdraws his application prior to the date of the public
hearing and requests a new hearing date, a fee of $500 shall be required.
The fee is to defray the costs of scheduling the new public hearing, to
notify the Property Owners of the cancellation of the original public
hearing and establishment of the revised hearing date.
4.
If the Applicant requests a continuation of a public hearing, a fee
commensurate with all costs shall be assessed; however, the fee shall not
be less than $200.00.
5.
A fee of $400.00 shall be required in order to file an Appeal of a
Planning Board or Planning and Zoning Director's decision. If
notification of property owners is required, the fees shall be as set forth
in Subsection 17-4,F.
6.
Decisions
An Applicant may appeal a decision of the Planning and Zoning Director
to the Planning Board within fifteen (15) days of the date on which the
Board reached a decision on the application.
Use
oC Conditional
eal
A
1.
G.
The Applicant, City Manager or an owner of property within 375 feet of
the Site may appeal a Conditional Use decision of the Planning Board to
the City Commission. The appeal shall be in writing and submitted to
7.6
2.
the Planning and Zoning Director within fifteen (15) days of the date
on which the Board reached a decision on an application. The appeal
shall be placed on the City Commission agenda within forty five (45)
days of receipt of the appeal. In order to reverse, amend, or modify a
Conditional Use decision of the Planning Board or Planning and Zoning
Director, the reviewing body shall find that the Board/Director acted
arbitrarily and capriciously in abuse of his their discretionary powers.
A vote of at least five (5) members of the reviewing body shall be
required in order to reverse a decision of the Planning Board.
3. Appeal from a Conditional Use decision of the City Commission shall be
to the court of appropriate jurisdiction pursuant to the la ws of Florida
within the time period as set forth in those laws.
4. An appeal stays all work on the Premises and all proceedings including
a request for a Building Permit, certificate of completion or occupational
license. -
17-5 CHANGE OF ZONING DISTRICT AND AMENDMENT TO THE ORDINANCE
PROCEDURES
Procedures pertaining to this Section are listed in Section 14, Changes and Amendments,
of this Ordinance.
17.7
SECTION 18
DESIGN REVIEW BOARD
18-1 DESIGN REVIEW BOARD POWERS AND DUTIES
A. Powers and Duties
1. To promote excellence in urban design.
2. To review all applications requiring Design Review.
3. To prepare and recommend adoption of design plans pertaining to
Neighborhood Studies.
4. To promote reduced crime and fear of crime through the use of Crime
Prevention Through Environmental Design Guidelines and Strategies, as
approved by the Ci ty Commission.
B. Membershio
1. Composition - The Design Review Board shall be composed of seven (7)
regular members and two (2) ex-officio members. The seven (7) regular
members shall consist of two (2) registered architects, one (1) registered
landscape architect,one (1) professional engineer, one (1) professional
land planner and two (2) citizens at-large. The two (2) ex-officio
members shall be the Planning Director and Public Works Director. The
City Attorney's office shall provide legal counsel.
2. Appointment - The two (2) architects, one (1) landscape architect, one (1)
professional engineer, and one (I) professional land planner shall be
appointed by the City Manager in consultation with the Planning Board
from an eligibility list solicited from their representative professional
associations as listed below:
a. American Institute of Architects, local chapter
b. American Society of Landscape Architects, local chapter
c. Florida Engineer Society,local chapter
d. American Planning Association, local chapter
The two (2) citizens at-large members shall be appointed by the Planning
Board.
3. Residency and Place of Business - All regular members shall reside in or
have their primary place of business in Dade County; however, three (3)
professional members shall not reside in or have their place of business
in the City of Miami Beach. The two (2) citizen-at-Iarge members shall
be residents of the City.
C. Terms of Office
The term of service on the Design Review Board shall be two (2) years. No
regular member shall serve more than three (3) consecutive terms.
18.1
one (I) archi tect,
be appointed for
be appointed for
be appointed to
The members of the first Board shall be appointed as follows:
one (1) citizen, the general contractor and the developer shall
a two (2) year term and the remaining three (3) members shall
one (1) year term. Thereafter, every member appointed shall
serve a two (2) year term.
Removal
Removal of appointed members shall be by the City Manager for cause. Failure
to attend three (3) consecutive meetings shall be considered cause for removal.
D.
rum_and V otin
A quorum shall consist of four (4) regular members. An affirmative vote of four
(4) regular members shall be required to approve an application for Design
Review. Prior to a decision of the board, the ex-officio members shall submit
a recommendation for each item on the agenda, in addition, the City Attorney
shall determine whether a request is properly before the Board. If an application
is denied, the Board shall provide a written statement in support of its finding.
Meetin2s
E.
The Board shall meet within a reasonable time upon receipt of an application,
at the call of the Chairperson or the Planning and Zoning Director. All meetings
shall be open to the public and shall be conducted in accordance with the rules
and regulations adopted by the Board.
F.
of Interest
Members of the Board shall abide by the applicable provisions of Fla. Statutes
Ch. 112 (1987), as amended; Metropolitan Dade County, Fla., Code Ch. 2 (1987),
and Code of the City of Miami Beach Ch. 2, Art. III (1964), regarding voting
conflicts and disclosures of financial interests.
nflict
G.
N REVIEW PROCEDURES
I
DE
18-2
n Review ~ri teria~
Design Review encompasses the examination of architectural drawings for
consistency with the criteria stated below, with regard to the aesthetics,
appearances, safety, and function of the Structure in relation to the Site,
adjacent Structures and surrounding community. The Board and the Planning
and Zoning Department shall review plans based upon the below stated criteria
and criteria listed in Neighborhood Plans. If floor area ratio bonuses are
requested and allowed in the district in which the property is located, criteria
listed in Section 6-24B shall apply. If the Board determines that an application
is not consistent with the criteria, it shall set forth in writing the reasons
substantiating its finding.
D
A.
not
and
The existing and proposed conditions of the Lot, including bu t
necessarily limited to topography, vegetation, trees, drainage,
Waterways.
8.2
1.
2. The location of all eXIstIng and proposed Buildings, drives, parking
spaces, walkways, means of ingress and egress, drainage facilities, utility
services, landscaping Structures, Signs, and lighting and screening devices.
3. The dimensions of all Buildings, Structures, setbacks, parking spaces,
Floor Area Ratio, height, Lot Coverage and any other information that
may be reasonably required to determine compliance with this Ordinance.
4. The color, design, selection of landscape materials and architectural
elements of Exterior Building surfaces and primary public interior areas
for Developments requiring a Building Permit in areas of the City
identified in Subsection B of this Section.
5. The proposed Structure is in conformity with the standards of this
Ordinance and other applicable ordinances, architectural and design
guidelines, and plans insofar as the location and appearance and design
of the Buildings and Structures are involved.
6. The proposed Structure indicates a sensitivity to and is compatible with
the environment and adjacent Structures, and enhances the appearance
of the surrounding properties.
7. The design and layout of Buildings shall be reviewed so as to provide an
efficient arrangement of land Uses. Particular attention shall be given
to safety, crime prevention and fire protection, relationship to the
surrounding neighborhood, impact on contiguous and adjacent Buildings
and lands, pedestrian sigh t lines and view corridors.
8. Pedestrian and vehicular traffic movement within and adjacent to the
Site shall be reviewed to ensure that all parking spaces are usable and are
safely and conveniently arranged. Access to the Site from adjacent roads
shall be designed so as to interfere as little as possible with traffic flow
on these roads and to permit vehicles a rapid and safe ingress and egress
to the Si tee
9. Lighting shall be reviewed to ensure safe movement of persons and
vehicles and reflection on public property for security purposes and to
minimize glare and reflection on adjacent properties.
10. Landscape and paving materials shall be reviewed to ensure an adequate
relationship with and enhancement of the overall Site Plan design.
11. Buffering materials shall be reviewed to ensure that headlights of
vehicles, noise, and light from Structures are adequately shielded from
public view and pedestrian areas.
12. Storm drainage, sanitary waste disposal, and water supply shall be
reviewed and considered in terms of the adequacy of existing systems,
and the need for improvements, both on-Site and off-Site, to adequately
carry runoff and sewage, and to maintain an adequate supply of water
at sufficient pressure.
13. Garbage disposal shall be reviewed to ensure freedom from vermin and
rodent infestation. All disposal systems shall meet municipal
specifications as to installation and construction.
18.3
The overall project shall be reviewed for compliance with the City's
Comprehensive Plan or Neighborhood Plans that apply to or affect the
subject property.
14.
of crime through the use of Crime
Design Guidelines and Strategies.
To promote reduced crime and fear
Prevention Through Environmental
t ions.
15.
A li ilit .. All Building Permits for new construction, Alterations, or
additions to existing Buildings, including fences, Parking Lots, walls and
Signs, whether new or change of copy, within the following areas shall
be subject to review under the Design Review procedures. No Building
Permit shall be issued without the written approval by the Design Review
Board or staff as provided for in these regulations for the following
areas:
A
1
B.
the Erosion Control Line.
Any properties, excluding Single Family Structures, that
adjacent to Biscayne Bay or any other canals or Waterways.
A venue and
Between Collins
a.
b.
are
Within Watreway Districts (WD) I and II, the Government Use
(GU) District, the Light Industrial (I-I) District, the
Residential/Office (RO) District, the Mixed Use Entertainment
(MXE) District, any locally designated Historic District or Site,
Convention Center (CCC) District and Townhome (TH) Districts.
c.
Area.
located within a district
Within a designated Redevelopment
Building
Any Structure or
Commercial Use.
d.
for
All Lots and parcels from 73 Street to 87 Terrace fronting on
Harding A venue, Collins A venue, Ocean Terrace and Atlantic Way
and excluding the North Shore Open Space Park. More
specifically,
zoned
e.
f.
All of Blocks 1,2,9,10 and Lots 1-7 Block 3 and Lots 1-
7 Block 8 of the Harding Townsite Subdivision as recorded
in Plat Book 34, page 4 of the Dade County Records; and,
All of Blocks 7,10 and 17-24 and Lot 3 Block 7 of the
Corrected Plat of Altos del Mar No. I Subdivision as
recorded in Plat Book 31 page 4 of the Dade County Pu blic
Records; and,
All of Blocks 12-15 and Lots 2-3 Block II, Lots 1-3 Block
1 and Lots 1-3 Block 10 of the Altos del Mar No. 2
Subdivision as recorded in Plat Book 4, Page 162 of the
Dade County Records; and,
All of Block 1-6 and Lots 7-12 Block 7, Lots 7-12 Block 8,
Lots 7-12 Block 9, Lots 7-12 Block 10, Lots 7-12 Block 11
and Lots 4-6 Block 12 of the Altos del Mar No. 3
8.4
Subdivision as recorded in Plat Book 8, Page 4 of the Dade
County Public Records; and"
All of Blocks I and 2 and Lots .14-26 of Block 3 of the
Haynsworth Beach Subdivision as recorded in Plat Book
41, Page 2 of the Dade County Pubic Records; and,
All of Blocks 7-10 and Lots 8-12 Block 3, Lots 10-14 Block
4, Lots 10-14 Block 5, and Lots 10-14 Block 6 of the Beach
Bay Subdivision as recorded in Plat Book 44 Page 25 of
the Dade County Public Records; and,
The Catholic Church property bounded on the east by
Harding A venue,on the south by Block 3, on the west by
Byron A venue and on the north by the northern boundary
of the City of Miami Beach.
g. Architectural District- review of architectural plans pertaining
to existing Structures and additions shall be based upon
substantial compliance with the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings, U.S. Department of the Interior (1983) as
amended. Review of architectural plans for new construction
shall incorporate architectural features which are representative
of the surrounding Historic Structures in the Architectural
District.
h. Any Structure located within the HD Hospital District. Said
review shall be limited in scope to the criteria specified in Section
18-2.A, 2, 3, 4, 8, 9, 10, and 14.
i. All Parking Lots and garages when they are the main permitted
Use.
2. Exemotions. Exemptions to these regulations include all of the following
provided no new construction or additions to existing Buildings are
required:
a. all permits for plumbing, heating, air conditioning, elevators, fire
alarms and extinguishing equipment, and all other mechanical and
electrical equipment when such work is entirely within the
interior of the Building; however, the Planning Director may
approve such Building Permit applications for minor work on the
Exterior of Buildings.
b. any permit necessary for the compliance with a lawful order of
th-e Building Official, Fire Marshall or Public Works Director
related to the immediate public health or safety.
c. all permits for interior Alterations and repairs not affecting a
Building listed as a Historic Structure in the City's Historic
Property Da ta base.
d. all permits for Demolition or wrecking.
18.5
the
from
all single Family Dwellings are exempt
regula tions.
e.
Design Review
City
Municipal Buildings, Uses and Sites exempted by the
Commission pursuant to Section 6-12 B.4 of this Ordinance.
f.
n Review
The Applicant shall obtain a Design Review application from the Planning and
Zoning Department which shall be responsible for the overall coordination and
administration of the Design Review Process. When the application is complete,
the Planning and Zoning Department shall place the application on the agenda
and prepare a recommendation to th.e Design Review Board. The Planning and
Zoning Department shall determine the date on which the application will be
heard by the Board; however, the Board shall consider the application and
Planning and Zoning Department recommendation within forty-five (45) days
from the date of submi~sion of a completed application to the Planning and
Zoning Department.
Desi
tiQn for
lic
A
C.
rd
The Planning and Zoning Department shall provide the Applicant with advance
notice of the hearing da te and time, including a copy of the agenda and the
recommendation of the Department. The Board shall approve, approve with
conditions or deny applications.
D
D.
The Board -may require such changes in said plans and specifications as in its
judgment may be requisite and appropriate to the maintenance of a high
standard of architecture, as established by the standards contained in this
Ordinance and as specified in the City's Comprehensive Plan and other specific
plans adopted by the City of Miami Beach pertaining to the areas identified in
Section 18-2,B. I.
Upon approval of an application by the Board, the Planning and Zoning
Director or his authorized representative shall stamp and Sign three (3) sets of
plans. Two (2) sets of plans shall be returned to the Applicant who may then
submit an application for a Building Permit. The remaining approved plans
shall be part of the Board's official record and shall be maintained on file with
the Planning and Zoning Department.
letter informing the
the letter shall specify
The Planning and Zoning Department shall issue a
Applicant of the Board's decision. If approval is denied,
the reasons for denial.
Em
An Applicant requesting a hearing before the Board shall pay, upon the
submission of an application to the Planning and Zoning Department, a fee of
1 % of the estimated value of construction; but not less than $50.00 or in excess
of $400.00. An application pertaining only to Signs shall require a fee of $50.00.
An application pertaining only to paint shall require a fee of $15.00. If a
deferment or clarification hearing is requested by the Applicant, an additional
550.00 fee shall be assessed. If a deferment or clarification of conditions is
requested by the Board, there will be no additional fee. If the Applicant removes
his file from the agenda after it has been accepted by the Planning Department,
the City shall retain 50% of the application fee.
8.6
E.
The above fee schedule is provided to defray the costs associated with the
Administration of this Section.
F~ Clarification Hearin2
Should a question arise as to compliance with the conditions as outlined by the
Board, a clarification hearing before the Board may be called at the request of
the Planning and Zoning Department or by the Applicant.
G. Buildin2 Permit Aoolication
1. The Applicant or his authorized agent shall make application for a
Building Permit. The application shall include, at a minimum, the two
(2) sets of plans which were approved by the Board and stamped and
Signed by the Planning and Zoning Director or his authorized
representative.
2. No Building Permit, Certificate of Occupancy, Certificate of Completion,
or Occupational License shall be issued unless all of the plans, including
amendments, notes, revisions, or modifications, have been approved by
the Planning and Zoning Director. Minor modifications to plans that
have been approved by the Board shall be permitted when approved by
the Planning and Zoning Director.
3. No Building Permit shall be issued for any plan subject to Design Review
except in conformity with the approved plans. The Applicant shall have
up to one (I) year from the date of design plan approval to obtain all
necessary Building Permits required to proceed with construction. If the
Applicant fails to obtain said Building Permit(s) within the time period,
all staff and Board approvals shall be null and void and the Applicant
shall be required to re-initiate the Design Review process; however, an
extension for cause, not to exceed one (1) year, may be granted by the
Board.
4. An Applicant may submit an application for a Building Permit
simultaneously with a design plan review in order to expedite processing,
however, no Building Permit shall be issued until the final design plan
has been stamped and signed by the Planning and Zoning Director or his
authorized representative in accordance with this Ordinance.
H. Special Review Procedure
For minor work that is visible from a public way or work which affects the
Exterior of the Building which is associated with rehabilitations and additions
to existing Buildings, or the construction, repair, or rehabilitation of new or
existing walls, At-Grade Parking Lots, fences, and Signs including change of
copy, the Planning and Zoning Director or his designated representative, upon
the written authorization of the Chairperson of the Design Review Board, shall
have the authority to approve, approve with conditions or deny an application
on behalf of the Board. The Director's decision shall be based upon the criteria
listed in Section 18-2. Any appeal of the Planning and Zoning Director's
decision shall be considered by the Board at the next regular meeting date.
18.7
n Review Decisions
The Applicant or the Planning and Zoning Department may appeal any
decision of the Design Review Board to the City Commission. The appeal
shall be in writing and submitted to the Planning and Zoning Director
within twenty (20) days of the date on which the Board reached a
decision on an application. The Planning and Zoning Director shall place
the appeal on the City Commission agenda within thirty (30) days of
receipt of the appeal.
A
1
I.
In order to reverse, amend, or modify any decision of the Design Review
Board, the City Commission shall find that the Design Review Board
acted arbitrarily and capriciously in abuse of its discretionary powers.
The vote to reverse, amend or modify shall require five (5) votes from
the City Commission.
2.
Appeal from a decision of the City Commission shall be to the court of
appropriate jurisdiction pursuant to the laws of Florida and within the
time period as set forth in those laws.
18.8
3.
SECTION 19
HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS
19-1 INTENT
It is hereby declared by the City Commission of the City of Miami Beach that the
preservation and conservation of properties of historical, architectural and
archeological merit in the City is a public policy of the City of Miami Beach and is in
the interest of the City's future prosperity.
19-2 PURPOSE
The general purpose of these regulations is to protect and encourage the revitalization
of Sites and Districts within the City having special historic, architectural or
archeological value to the public. This general purpose is reflected in the following
specific goals:
A. The identification of Historic Sites and Districts.
B. The protection of such Historic Sites and Districts to combat urban blight,
promote tourism, foster civic pride, and maintain physical evidence of the City's
heri tage;
C. The encouragement and promotion of restoration, preservation, rehabilitation
and reuse of Historic Sites and Districts by providing technical assistance,
investment incentives, and facilitating the Development review process;
D. The promotion of excellence in urban design by assuring the compa tibili ty of
restored, rehabilitated or replaced Structures within designated Historic
Districts.
19-3 SCOPE AND EXEMPTIONS
A. Scooe
Unless expressly exempted by Sub-Section 19-3,B below, no Building Permits
shall be issued for new construction, Demolition, Alteration, rehabilitation,
signage or any other physical modification of a Historic Site or District without
the prior issuance of a Certificate of Appropriateness or Certificate to Dig by
the Historic Preservation Board in accordance with the procedures specified in
this Section. For purposes of this Section, Alteration shall be defined as any
!Daterial change in the external features of any Historic Site or Improvement
within a Historic District, or to the interior of any such Site or Improvement if
the in terior f ea tures have been designated pursuant to this Section.
B. Exemotions
The following permits are exempt from the regulations of this Section:
1. All permits for plumbing, heating, air conditioning, elevators, fire alarms
and extinguishing equipment, and all other mechanical and electrical
19.1
equipment not involving Exterior facade changes or construction visible
from the public right-of -way or a designated interior.
Any permit necessary for the compliance with a lawful order of the
Building Official, Dade County Unsafe Structures Board, Fire Marshall,
or Public Works Director including, without limitation, any permit
necessary for the immediate public health or safety.
2.
in a designated Historic
from the District.
Any permit issued for an existing Structure
District which has been specifically excluded
3.
There is hereby created a Miami Beach Historic Preservation Board for the purposes
of carrying out the provisions of this Section. The Board shall have the authority to
recommend the designation of areas, places, Buildings, Structures, Landscape Features,
Archeological Sites and other Improvements or physical features, as individual Sites,
districts, or archeological zones that are significant to the City's history, architecture,
archeology, or culture or possess an integrity of location, design, setting, material or
workmanship, in accordance with the goals of this Section.
HI
19-4
and Dutie
Power
A.
to the Planning Board, Design Review Boa'rd and City
the designation of Historic Sites or Districts.
shall
Recommend
Commission
The Board
1
Prepare and recommend for adoption specific guidelines for each
designated Site or district to be used to evaluate the appropriateness and
compatibility of proposed Alteration or Development within designated
Sites or districts.
2.
Issue or deny Certificates of Appropriateness and Certificates to Dig in
accordance with procedures specified in this Section. Recommend to the
City Commission whether a Certificate of Appropriateness for Demolition
should be issued or denied pursuant to the procedures specified in Section
6-20,D.
3.
The Historic Preservation Board may advise the Board of Adjustment
with regard to Variances associated with properties designated as an
Historic Site or within a local Historic District or on National Register
District through written recommendation to be read into the record by
the Planning and Zoning Director at the Board of Adjustment's hearing.
4.
Facilitate the redevelopment of Historic Sites and Districts by directing
the Planning and Zoning Department, and other City departments, to
provide advisory and technical assistance to Property Owners, Applicants
for Certificates of Appropriateness.
5.
The Board shall make and prescribe by-laws and application procedures
that are reasonably necessary and appropriate for the proper
administration and enforcement of the provisions of this Section. The
Board shall prescribe forms for use by Applicants when requesting action
9.2
6.
under this Section. The Board may authorize anyone of its members to
administer oaths and to certify official documents.
B. Membershio
The Board shall be composed of nine (9) members. There shall be a member
from each of the following categories: an architect with practical experience in
the rehabilitation of Historic Structures; an architectural historian with a
minimum of a Bachelor's Degree in architectural history or related field and
practical experience in the rehabilitation of Historic Structures; a professional
engineer, registered with the State of Florida; a licensed real estate broker or
salesperson; a representative from Dade Heritage Trust; a representative from
the Miami Design Preservation League; a person Holding an executive position
in a Miami Beach lending institution; and two (2) additional members-at-Iarge
who own or manage commercial properties located in the Miami Beach
Architectural District or a locally designated Historic Preservation District.
All members of the Board shall be residents of, or have business interests in, the
City of Miami Beach; provided, however, that the City Commission may waive
these requirements in the event a Person not meeting these requirements is
available to serve on the Board and is exceptionally qualified by training and
experience in historic preservation matters. All appointments shall be made on
the basis of civic pride, integrity, experience and interest in the field of historic
preserva tion.
C. ADoointment
Historic Preservation Board members shall be appointed by the City Manager
with the consent of the City Commission. An eligibility list solicited from the
organizations listed below shall be considered by the City Manager in selecting
Board members: .
1. American Institute of Architects, local chapter
2. American Society of Landscape Architects, local chapter
3. Miami Design Preservation League
4. Miami Beach Visitors and Convention Authority
5. Miami Beach Development Corporation
6. Miami Beach Board of Realtors
7. Dade Heritage Trust
8. Florida Engineer Society, local chapter
The term of service on the Historic Preservation Board shall be two (2) years.
In order to provide continuity, the members of the first Board appointed under
this Section shall be appointed as follows: the architect, the engineer and the
architectural historian shall be appointed for a two (2) year term. The
remaining six (6) members shall each be appointed for one (1) year terms.
Thereafter, every member appointed shall serve a term of two years.
19.3
D. Removal
In the event any member of the Board fails to attend three (3) consecutive
regularly scheduled meetings and/or workshops comprised of the entire Board
without due cause or bona fide excuse, as found and determined by a majority
of the Board, said member shall cease to be a member of the Board.
Ouorum
A quorum shall be five (5) members of the Board.
Meetin2s
E.
The Historic Preservation Board shall meet at the call of the Chairperson or
Planning and Zoning Director in order to carry out the provisions of this
Section. All meetings shall be open to the public and shall be conducted in
accordance with the rules and regulati9ns adopted by the Board.
F.
The Chairperson and Vice Chairperson shall be elected from the members
of the Board by a majority vote and shall serve in that capacity for a
period of two (2) years.
I
G.
the necessary staff
The Planning and Zoning Department shall provide
to assist the Board in the performance of its duties.
2.
Members of the Board shall abide by the applicable provisions of Fla. Statutes
Ch. 112 (1987), as amended; Metropolitan Dade County, Fla., Code Ch. 2 (1987),
and Code of the City of Miami Beach Ch. 2, Art. III (1964), regarding voting
conflicts and disclosures of financial interests.
H.
19-5
nation Pro_cedure
A.
Requests for designation of an individual Historic Site or District
may be made to the Board by motion of the Board, the City
Manager, by resolution of the Planning Board or City Commission,
by any Property Owner in respect to his own property, by a
majority of Property Owners of record within a proposed district,
by resolution of the Metropolitan Dade County Historic
Preservation Board, or by resolution of any organization whose
purpose is to promote the preserva tion of Historic Si tes.
Desi
a.
Proposals for designation shall include a completed application
form available from the Planning and Zoning Department.
9.4
b.
c. Fees
(1) A request initiated by any entity other than the City
Commission, a City Board or other City Official as set out
in Sec. 19-5A.l.a for Site designation shall include an
application fee of $200.00.
(2) A request initiated by any entity other than the City
Commission, a City Board or other City Official as set out
in Sec. 19-5A.l.a for district designation shall include an
application fee of $10.00 per platted Lot.
2. Preliminary Review
Upon receipt of a completed application and fees, if applicable, the
Planning and Zoning Department shall prepare an evaluation and
recommendation for consideration by the Board. After considering the
Department's recommendation, a majority vote of the Board shall be
necessary to direct the Departmen t to prepare a designa tion report.
3. Desi2na tion Reoort
The designation report shall describe the historic, architectural and/or
archeological significance of the property proposed for Historical Site
or District designation, recommend Evaluation Guidelines to be used by
the Board to evaluate the appropriateness and compatibility of proposed
Developments affecting the designated Site or district. The designation
report shall be presented to the Board at a public hearing held during a
regularly scheduled meeting.
4. Public Hearin2 - Notification
A public hearing on a proposed historic preservation designation shall
be conducted by the Historic Preservation Board within forty-five (45)
days from the date a designation report has been filed. The Property
Owners of record within the proposed designation area shall be notified
by mail of the public hearing at least fifteen (15) days in advance of the
hearing. The area shall be posted, which includes a summary of the
request, within fifteen (15) days of the public hearing.
B. Criteria f9r Desi2nation
1. Mandatorv Criteria
a. The designation of any individual Site or district as an Historic
Site or District requires compliance with the following criteria:
(1) Integrity of location, design, setting, ma terials,
workmanship, and association.
2. Review Criteria
a. The designation of any individual Site or district as an Historic
Site or District requires compliance with at least one (I) of the
following criteria:
19.5
Association with events that have made a significant
contribution to the broad patterns of our history;
(I)
lives of Persons
the
Association with
past;
(2)
in our
type, period
significant
Embody the distinctive characteristics of a
or method of construction;
(3)
Possess high artistic values;
(4)
master;
Represent a significant and distinguishable en tity whose
components may lack individual distinction;
Represent the work of a
(5)
(6)
important
to yield information
Have yielded, or are likely
in pre-history or history.
(7)
nation
rvation Desi
Hi
C.
mmendalion
If the Board finds the proposed designation meets the intent and criteria
set forth in this Section, it shall transmit such' recommendation to the
Planning Board and the City Commission, along with the designation
report, and any additions or modifications deemed appropriate. If the
Historic Preservation Board finds that the proposed designation does not
meet the intent and criteria set out in this Section, no further Board
action shall be required.
R
1.
Upon an affirmative recommendation by the Historic Preservation Board,
the proposed designation shall be transmitted to the Planning Board who
shall process the proposed designation as an amendment to the Zoning
Ordinance in accordance with the procedures specified in Section 14,
Changes and Amendments, of the Zoning Ordinance.
2.
Historic Buildings shall be listed in the Miami Beach Historic
Properties Database as it may be revised from time to time and
maintained by the Planning and Zoning Department.
a.
Non-historic Buildings which are located in a locally design~ted
Historic District or Site shall be listed in the Miami Beach Historic
Properties Database, which may be revised from time to time and
which is maintained by the Planning and Zoning Department.
b.
No Site or district shall be designated as an Historic Site or district
except by a five - sevenths (5/7) majority vote of the City Commission.
3.
Upon a negative recommendation by the Historic Preservation Board the
applicant may appeal the Board's decision to the City Commission. The
appeal shall be filed with the Planning and Zoning Director within thirty
(30) days of the date of the Board's decision. The Board's decision may
be overturned only upon a five-sevenths (5/7) vote of the City
Commission
9.6
4.
5. Reauests for Permits
If, following a recommendation for historic preservation designation by
the Board at the public hearing, a permit is sought for Demolition, new
construction, Alteration, signage, repair, or other physical Alteration or
Development affecting any property within a proposed designation area,
that permit shall not be issued for a period of up to, but not more than,
six (6) months or until one of the following occurs:
a. The proposed Historic Preservation designation is approved by the
City Commission and a Certificate of Appropriateness is awarded
by the Board pursuant to Section 19-6;
b. The proposed Historic Preservation designation is denied by the
City Commission; or
c.- The Applicant applies for an accelerated approval of a Certificate
of Appropriateness prior to the final enactment of the Historic
Preservation designation for the proposed Site; and such
Certificate of Appropriateness has been issued under the
provisions of Section 19-6; and the Applicant has submitted a
covenant running with the land binding him to comply with all
terms and conditions of the Certificate of Appropriateness, which
will become void should the City Commission deny the
designa tion.
6. All Sites and districts designated as Historic Sites and Districts shall be
delineated on the City's zoning map pursuant to Section 21-9, Maps, of
this Ordinance, as an Overlay District. Such Sites and districts include:
a. GU /HPS-l: Old City Hall, 1130 Washington A venue Block 23,
Ocean Beach Addition No.3, as recorded in Plat Book 2 at Page
81 of the Public Records of Dade County, Florida
b. CCC/HPS-2: 21st Street Recreation Center, 2100 Washington
Avenue Beginning at intersection of west right of way of
Washington A venue and south boundary of Collins Canal in
Section 27, Range 42 east, Township 53 south, for point of
beginning, then south 510ft.; west 165 ft., north 45 to west 115
ft., north 160 ft., west 140 ft., north 70 ft.; northeast along sou th
boundary of Collins Canal 435 ft. to point of beginning.
c. CD-2. RM-l /HPD-l: All properties fronting or abutting Espanola
Way, including all of Blocks 2-A and 2-B Espanola Villas, Blocks
3-A, 3-B, 4-A, 4-B, 5-A, 5-B, 6-A, 6-B, 7-A and 7-B, First Addition
to Espanola Villas, and Lots 1 - 4, a re-subdivision of that
unnumbered tract lying west of Blocks 7-A and 7-B and Espanola
Way in First Addition to Espanola Villas.
d. MXE/HPD-2: Ocean Drive from 5th to 15th Streets and Collins
Avenue from 6th to 16th Streets and 15th Street from Ocean Drive
to Collins A venue, excluding the following parcels of land:
19.7
through 4 of Harrison & Hayes Subdivision; also,
Those portions of Lots 1 and 2, Block 77, Fishers 1st Subdivision
of Alton Beach lying east of the easterly boundary of Ocean
Drive; also,
Lots
That tract of land beginning at the northeast corner of Block 77,
Fishers 1st Subdivision of Alton Beach thence running
northeasterly 35.49', continuing the easterly line of Block 77,
Fishers 1st Subdivision of Alton Beach, thence easterly to the
established bulkhead line, thence southwesterly following the
established bulkhead line to the northeast corner of Lot 1,
Harrison & Hayes Subdivision, thence westerly along the northerly
line of Lot 1, Harrison & Hayes Subdivision to the southeast
corner of Block 77 Fishers 1st Subdivision of Alton Beach, thence
northeasterly 101.4' along the easterly line of Block 77, Fishers 1st
Subdivision of Alton Beach to the point of beginning.
GU. RS-3. RS-4/HPD-3: The east side of Collins A venue to the
Erosion Control Line from 77th Street to 79th Street. (All of
Blocks 5, 6, 11 and 12 of Altos Del Mar No.1 Subdivision). Those
properties which are owned by the State of Florida or the City of
Miami Beach shall retain their GU Government Use District
Zoning designation. Those properties which are privately-owned
shall retain their Single Family Zoning District classification of
RS-3 or RS-4, respectively. Development within the Historic
District whether on City, State, or privately owned Lots, shall be
reviewed by the Planning Board and approved by the City
Commission pursuant to the Conditional Use procedures as set
forth in Section 17-3 of this Ordinance.
e.
is required when not
Compliance with all other zoning regulations
specifically addressed in this Section.
7.
9-6
A Certificate of Appropriateness issued under the authority of the Historic
Preservation Board shall be required prior to the issuance of any permit for new
construction, Demolition, Alteration, repair, signage or other physical modification or
Development affecting any property designated under the provisions of this Section
unless the permit applied for is exempted pursuant to Section 19-3,B. A Certificate to
Dig shall be required prior to the initiation of any Development involving the
excavation or fill on a Site or in a district designated as archaeo1ogically significant
pursuant to the provisions of this Section. The procedure to obtain a Certificate to Dig,
or to designate a Site as architecturally significant, shall be the same as indica ted below
for a Certifica te of Appropriateness.
lication
An application for a Certificate of Appropriateness may be filed with
the Board at the same time or in advance of the submission of an
application for a Building Permit.
9.8
A
A.
2. All applications involving Demolition, new Building construction,
additions to existing Buildings, major renovation work or substantial
Alteration of a Historic Structure or Site shall be on a form provided by
the Board and shall include such information as the Board may determine
is needed to allow for complete evaluation of the proposed Demolition,
construction and other physical Improvements, Alterations or
modifications including, but not limited to, the following:
a. Written description of proposed action
b. Survey
c. Complete Site Plan
d. Materials containing detailed data as to architectural elevations
and plans showing proposed changes and existing condi tions to be
preserved
e. Preliminary plans showing new construction in cases of
Demoli tion
f. A financial feasibility study of the new project in cases of
Demolition and a feasibility study for an existing Structure which
addresses the possibility of substantially renovating or operating
the existing Historic Structure. Consideration of parking needs and
demands shall be addressed within the feasibility study, as well
as alternative methods of providing parking. The study will also
determine whether the retention of the Building would deny the
owner of all economically viable Uses of the property.
B. Review Procedure
1. All applications involving Demolition, new Building construction,
additions to existing Buildings, major renovation work or substantial
Alteration of a designated Structure or Site shall be placed on the agenda
of the Historic Preservation Board for its review and consideration
within sixty (60) days after the date of receipt of a completed
application.
2. The Board shall approve, deny, approve with conditions or suspend
action on all applications for a Certificate of Appropriateness except for
a Certificate of Appropriateness for Demolition, which shall be a
recommendation from the Board to the City Commission. In any case,
the Board shall act on an application within sixty (60) days from the date
of the receipt of a completed submission. Provided, however, that if
specific revisions to an application submission are requested by the
Board, the Board may have an additional thirty (30) days in which to
render a decision. Upon the written approval of the Applicant and by
motion of the Board, the review period may be extended beyond the
maximum ninety (90) days provided for herein.
3. Failure to render a decision within the time limits specified herein,
provided all required data have been submitted by the Applicant as
required under this Section, shall constitute approval of the application
except that applications requesting a Certificate of Appropria teness for
Demolition shall be approved by the City Commission.
19.9
A Certificate of Appropriateness for the Demolition of designated
Historic Buildings, Structures, Improvements or Sites shall only be
considered by the Board following a public hearing. Approximately
fifteen (15) days prior to the public hearing date, a description of the
request with the time and place of such hearing shall be posted on the
property, it shall be advertised in a paper of general paid circulation in
the community, and notice shall be given by mail to the owners of record
of land lying within 375 feet of the property. Within thirty (30) days
after the public hearing, the Historic Preservation Board shall submit a
report and recommendation to the City Commission. The City Commission
may approve a recommendation of the Historic Preservation Board by
a simple majority vote, but shall require a vote of five-sevenths (5/7) of
all members of the Commission to overrule a Historic Preserva tion Board
recommendation of denial for a Certificate of Appropriateness for
Demolition. The City Commission's decision shall be rendered following
a public hearing according to the p~ocedures and notification
requirements as set forth in this subsection.
4.
All applications for Certificates of Appropriateness involving Exterior
structural repairs and minor physical Improvements or Alterations (as
may be more specifically defined by the Board in its By-Laws and
Application Procedures) shall be reviewed by the staff of the Board. The
staff shall approve, approve with conditions, or deny a Certificate of
Appropriateness or a Certificate to Dig within thirty (30) days from the
date of receipt of a completed submission; the Applicant may agree to
an extension of this review time.
5.
In the case of a denial of an application by the staff, the Applicant may
request consideration of the completed application by the Historic
Preservation Board which shall proceed to review the application in
accordance with the procedures set forth in Section 19-6,B. The Board
may concur, modify, or reverse the staff's decision.
6.
Failure to render a decision within the time limits specified
herein, provided all required data have been submitted by the
Applicant as required by the provisions of this Section, shall
constitute approval of the application.
a.
The approval of a Certificate of Appropriateness or a Certificate to Dig
shall not excuse the Applicant of responsibility to comply with all other
zoning and building laws and regulations of the City, County and State,
including the receipt of applicable zoning Variances, Site Plan Approvals
and Building Permits except as provided for in Section 19-4.
7.
riatene~s
A decision on an application for a Certificate of Appropriateness shall
be based upon evaluation of the compatibility of the physical Alteration
or Improvement with and adherence criteria for designation or listed in
this Section.
ro
A
rtificates~J
1.
c.
Where, by reason of particular Site conditions and restrain ts or beca use
of unusual circumstances applicable to a particular Applicant's Structure,
strict enforcement of the provisions of this Section would result in an
undue economic hardship to the Applicant, the Board shall have the
9.10
2.
power to vary or modify the prOVISIons in this Section, including
adherence to the adopted Evaluation Guidelines.
3. An approved Certificate of Appropriateness, together with any conditions
or limitations imposed by the Board, shall be in written form and
attached to the Site Plan and/or the schematics submitted as part of the
applications. Copies of the Certificate shall be kept on file with the
Board and shall be transmitted to the Building Official. The Applicant
shall receive a copy of the Certificate of Appropriateness.
4. After consideration of the Historic Preservation Board's recommendation,
the City Commission may grant, stay for a fixed period of time, or deny
an application for a Certificate of Appropriateness for Demolition of a
Historic Structure, as provided in Section 19-6,C.6. After considera tion
of the Historic Preservation Board's recommendation, the Commission
may grant or stay for a period not to exceed one (1) year an application
for a Certificate of Appropriateness for Demolition of a non-Historic
Structure under the procedures set forth in Section 19-6,C.6. Should the
Commission grant a stay for Demolition, the length of such a stay shall
be determined by the Commission based upon the relative significance
of the Structure and the probable time required to arrange a possible
alternative to Demolition. The effective date of the stay shall be from
the date of the Historic Preservation Board's public hearing.
5. Certificate of Appropriateness for Demolition
a. Demolition of a historically designated Building, Structure,
Improvement or Site may occur pursuant to an order of a
government agency or a Court of appropriate jurisdiction or, if
granted, pursuant to an application by the owner for a Certificate
of Appropriateness for the Demolition of a designated Historic
Building, Structure, Improvement or Site.
b. Government agencies having the authority to demolish unsafe
Structures shall receive notice of historic designation of individual
Buildings, Structures, Improvements or Sites, districts or
Archeological Sites pursuant to this Ordinance. The Historic
Preservation Board shall be deemed an interested party and shall
be entitled to receive notice of any public hearings conducted by
such government agency regarding Demolition of historically
designated Structures or Buildings. The Board may make
recommendations and suggestions to the government agency and
the owner(s) relative to the feasibility of and the public interest
in preserving the historically designated Structure or Building.
c. No permit for voluntary Demolition of a historically designated
Building, Structure, Improvement or Site shall be issued to the
owner(s) thereof until an application for a Certificate of
Appropriateness for Demolition has been submitted and approved
pursuant to the procedures in this Ordinance. Refusal by the
City Commission to grant a Certificate of Appropriateness for
Demolition shall be evidenced by written order detailing the
public interest which is sought to be preserved. In determining
their recommendation, the Historic Preservation Board shall be
guided by the criteria contained in subsection 19-6,C.5.d. After
a Demolition denial, or during a Demolition delay period, the
19.11
Historic Preservation Board and/or the City Commission may take
such steps as it deems necessary to preserve the Structure
concerned in accordance with the purposes and procedures of this
Ordinance. Such steps may include, but shall not be limited to,
consultation with civil groups, public agencies and interested
citizens, recommendations for acquisition of property by public
or private bodies or agencies, and exploration of the possibility
of moving one or more Structure or other feature.
Evaluation Criteria - The City Commission and the Historic
Preservation Board shall consider the Miami Beach Historic
Properties Database (a listing of historic and non-historic
properties as approved by the City Commission in the following
locally designated districts: Ocean Drive/Collins A venue, Espanola
Way, and Altos del Mar) as a guideline in determining whether a
Certification of Appropriateness for Demolition should be issued.
The City Commission and the Board shall also consider the
following criteria in evaluating applications for a Certificate of
Appropriateness for Demolition of designated historic Buildings,
Structures,lmprovements or Sites
d.
The Building, Structure,Improvemen t, or Si te is designa ted
on either a national, state, or local level as an historic
preservation district or an architectural landmark or Site.
(I)
The Building, Structure, Improvement, or Site is of such
design, craftsmanship, or material that it could be
reproduced only with great difficulty and/or expense.
(2)
The Building, Structure, Improvement, or Site is one of the
last remaining examples of its kind in the neighborhood,
the county, or the region.
(3)
The Building, Structure, Improvement, or Site contributes
significantly to the historic character of a historically
designa ted district.
(4)
Retention of the Building, Structure, Improvement, or Site
promotes the general welfare of the City by providing an
opportunity for study of local history, architecture, and
design or by developing an understanding of the
importance and value of a particular culture and heritage.
(5)
If the proposed Demolition is for the purpose of
constructing a parking garage, the Board shall only
consider it if the parking garage is designed in a manner
that is consistent with the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, U.S. Department of the
Interior (1983), as amended, and/or the design review
guidelines for that particular district. If the District in
which the property is located lists retail Uses as an
allowable Use then the ground floor shall contain such
Uses. At-Grade Parking Lots shall not be considered under
this regulation.
9.12
(6)
(7) There are definite plans for reuse of the property if the
proposed Demolition is carried out, and the effect of those
plans on the character of the Historic District.
(8) The Dade County Unsafe Structures Board has ordered the
Demolition of a Structure without option or the feasibility
study determines that the retention of the Building would
deny the owner of all economically viable Uses of the
property.
e. The Historic Preservation Board may require a marker on the
property which provides the historic background of the Structure.
f. Fees - the below fees are for the purpose of defraying expenses
of public notices and other administrative costs in connection with
processing applications for a Certificate of Appropriateness for
Demolition: .
(1) $400.00 pi us $.50 per mailing address.
(2) If an Applicant withdra ws this application prior to the da te
of the public hearing and requests a new hearing date, a
new fee is required. The fee is to defray the costs of
scheduling the new public hearing, to notify the Property
Owners of the cancellation of the original public hearing
and establishment of the revised hearing date.
(3) If an Applicant withdraws an application prior to an
advertised public hearing, one-half (~) of the fees paid
shall be retained by the City.
6. No Building Permit shall be issued by the Building Official which affects
any historically designated property without a Certificate of
Appropria teness.
7. All work performed pursuant to the issuance of any Certificate of
Appropriateness shall conform to the requirements of the Certificate.
The Building Official is designated as the Individual to assist the Board
by making necessary inspections in connection with enforcement of this
Ordinance and shall be empowered to issue a stop work order if
performance is not in accordance with the issued certificate or this
Ordinance. No work shall proceed as long as a stop work order continues
in effect. Copies of inspection reports shall be furnished to the Historic
Preservation Board and copies of any stop work orders both to the
Historic Preservation Board and the Applicant. The Building Official
shan be responsible for ensuring that any work not in accordance with
an issued Certificate of Appropriateness shall be corrected to comply
with the Certificate of Appropriateness prior to withdrawing the stop
work order.
8. For the purpose of remedying emergency conditions determined to be
dangerous to life, health or property, nothing contained herein shall
prevent the making of any temporary construction, reconstruction or
other repairs to a Building or Site pursuant to an order of a government
agency or a court of competent jurisdiction. The owner of a Building
damaged by fire or natural calamity shall be permitted to stabilize the
19.13
to
this
iately without City Commission approval, and
later date under the procedures as set forth in
Building immed
rehabilitate at a
Ordinance.
the Historic Preservation Board
Any Person appearing before the Historic Preservation Board on
an application for a Certificate of Appropriateness shall be
administered the following oath by any Person duly authorized
under the laws of Florida to administer oaths:
In proceedings before
a.
9.
"I, , 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."
Any Person giving false testimony before the Historic Preservation
Board shall be subject to the maximum penalty provided by law.
Upon the withdrawal or final denial of an application for a
Certificate of Appropriateness for Demolition from the Historic
Preservation Board and/or City Commission, a new application
cannot be filed within six months of the date of the withdrawal
or denial unless, however, the decision of the Historic Preserva tion
Board and/or City Commission taking any such final action is
made without prejudice. An application may be withdrawn
without prejudice by the Applicant as a matter of right if such
request is signed by the Applicant and filed with the Planning and
Zoning Department prior to the giving of any notice required by
this Ordinance; otherwise, all such requests for withdrawal shall
be with prejudice, save and except that the Historic Preservation
Board and/or City Commission may permit withdrawals without
prejudice at the time the application for such Certificate of
Appropriateness is considered by such Board and/or Commission;
provided further, that no application may be withdrawn after
final action has been taken.
b.
After a request for a Certificate of Appropriateness has been
properly considered by the Board and/or City Commission, the
Applicant shall record in the public records of Dade County the
action and conditions, if any. No Building Permit, Demolition
permit, Certificate of Occupancy, Certificate of Completion or
licensing permit shall be issued until the recordation has been
complied with. Prior to recordation, the City Attorney shall
approve the instrument. Only the Historic Preservation Board
and/or the City Commission is empowered to release conditions,
assuming the condition is no longer applicable.
c.
erties
Nothing in this Section shall be construed to prevent the ordinary maintenance
or repair of any Exterior elements of any Building or Structure which does not
involve a change of design, appearance or material, and which does not require
a Building Permit, or Certificate of Appropriateness for Demolition. However,
any doubts as to the applicability of this provision shall be resolved by the Code
Enf orcemen t Boa rd.
19.14
D.
A Building, Structure, Improvement or Site that is the subject of an application
for a Certificate of Appropriateness for Demolition shall not have its
architectural features removed or destroyed. Owners of such property shall be
required to maintain such properties in accordance with all applicable codes up
to the time the Structure is demolished.
The owner of a designated historic Structure or any Structure within a Historic
District, if such Structure is vacant and uninhabited, shall provide sufficient
maintenance and upkeep for such Structure to ensure its perpetuation and to
prevent its deterioration.
19-7 HISTORIC PRESERVATION BOARD AND DESIGN REVIEW BOARD JOINT
REVIEW OF PROJECTS
A. In those instances where a designated Site or district is also under the
jurisdiction of the Design Review Board (see Section 18 of the Ordinance),
requests for a Certificate of Appropriateness shall be reviewed by a joint
meeting of the Design Review Board and the Historic Preservation Board's
architect, architectural historian and one (1) at-large member to be selected by
the Historic Preservation Board. Application requirements shall be pursuant to
Section 19-6,C.9.b. and c. Appeals resulting from decisions of this combined
Board shall be pursuant to Section 18-2 of the Ordinance.
19-8 APPEAL
A. Any Person affected by a decision of the Historic Preservation Board may
appeal such decision within 30 days of the Board's action pursuant to the
fOllowing procedures:
1. Appeals relating to design issues (not Demolition issues) associated with
a Certificate of Appropriateness shall be decided by the Design Review
Board pursuan t to Section 18-2;
2. Appeals pertaining to Historic District or Site designation shall be to the
court of appropriate jurisdiction after the City Commission has approved
or disapproved such designation pursuant to Section 14, Changes and
Amendmen ts.
3. All appeals with the exception of those pertaining to Historic District or
Site designation, shall be filed in the Planning and Zoning Department
which shall process the request.
B. An aggrieved party or the Applicant for the Certificate of Appropriateness for
Demolition may appeal the City Commission's decision to the court of
appropriate jurisdiction provided such an appeal is filed with the Court
pursuant to the Florida Rules of Appellate Procedure.
19.15
SECTION 20
PS -PERFORMANCE STANDARD DISTRICT
20-1 ESTABLISHMENT OF DISTRICT AND DIVISIONS
The PS - Performance Standard District is hereby established as shown on the map
designated as the City of Miami Beach Zoning District Map. The PS district consists of
all land in the Redevelopment Area and consists of five (5) districts including: a
Residential Performance Standard (R-PS) District, a Commercial Performance Standard
(C-PS) District, a Residential Limited Mixed Use Performance Standard (M-PS) District
(each of which is further subdivided based upon the type and density or intensity of
permitted Uses) a GU Government Use District and MR Marine Recreation District.
20-2 DISTRICT PURPOSE AND SUBDISTRICTS
A. Residential Performance Standards.
The Residential-Performance Standards Districts are designed to accommodate
a broad spectrum of medium-low to high density residential Development
including Townhome Development and multiple-Family Development pursuant
to "performance standards" which control the permissible type and density of
residential Development. Performance standards development will allow for
modification of requirements affecting certain individual Lots, greater
flexibility, particularly for large-scale Development, and incentives for
provision of certain amenities and for conformance with specified objectives,
thereby encouraging more flexible and innovative design and Development, in
accordance with the goals and objectives of the Comprehensive Plan and the
Redevelopment Plan.
In order to adequately and properly distinguish among the permissible types and
densities of residential Development, the Redevelopment Area is divided into
the following residential districts:
R - PS I
R-PS 2
R-PS 3
R-PS 4
Medium - Low Density
Medi um Densi ty
Medium - High Density
High Densi ty
B. Commercial Performance Standards.
The Commercial Performance Standards Districts are designed to accommodate
a range of business, Commercial, office and Hotel Uses, as well as medium to
high density residential Development pursuant to "performance standards" which
control the permissible type, density or intensity, and mix of Development.
Performance standards Development will allow for modification of requirements
affecting certain individual Lots; greater flexibility, particularly for large-scale
Development; large commercial, medium to high density residential and mixed
Use Developments in phases over time where the overall Development at a single
point in time or in a single instance by private owners would not be practical;
providing incentives for provision of certain amenities and for conformance
with specified objectives, thereby encouraging more flexible and innovative
design and Development in accordance with the goals and objectives of the
Comprehensive Plan and the Redevelopment Plan.
20.1
In order to adequately and properly distinguish between types, densities and
intensities of Uses and mix of permitted commercial Development in the
Redevelopment Area, districts are divided as follows:
C-PS1 Limited Mixed-Use Commercial
C-PS2 General Mixed-Use Commercial
C-PS3 Intensive Mixed-Use Commercial
C-PS4 Intensive Mixed-Use Phased Bayside Commercial
C. Residential Limited Mixed Use Performance Standards.
The Residential Limited Mixed Use Performance Standards District is designed
to accommodate the new construction of light Commercial, office and public
uses, as well as low density residential Development pursuant to "performance
standards" which control the permissible type, density or intensity, and mix of
Development. Performance standards Development will allow for modification
of requirements affecting certain individual Sites; greater flexibility,
particular 1 y for large-scale Development; light commercial, low density
residential and mixed Use Developments in phases over time where the overall
Development at a single point in time or in a single instance by private owners
would not be practical; providing incentives for provision of certain amenities
and for conformance with specified objectives, thereby encouraging more
flexible and innovative design and Development in accordance with the goals
and objectives of the Comprehensive Plan and the Redevelopment Plan.
In order to adequately and properly distinguish between types, densities and
in tensi ties of Uses and mix of permitted mixed Developmen t in the
Redevelopment Area the RM-PSl Residentail Limited Mixed Use Development
is established
20-3 USE REGULATIONS
A. Uses Permitted Bv Ri2ht. Uses Permitted bv Conditional Use Permit and Uses
Not Permitted.
No Building, Structure or land shall be Used or occupied except as a main
permitted Use, a Conditional Use, or an Accessory Use to a main permitted Use,
in accordance with the Table of Permitted Uses. A Use in any district denoted
by the letter "PH is a Use permitted by right in such district or subdistrict,
provided that all requirements and performance standards applicable to such
Uses have been met. A Use in any district denoted by the letter "C" is
permissible as a Conditional Use in such district or subdistrict, provided that
all requirements and performance standards applicable to such Use have been
met and provided that all requirements of Section 17-3 of the Zoning Ordinance
have been met. A Use in any district denoted by the letter "N" is not permitted
in such district or subdistrict. Uses permitted by right, as a Conditional Use,
or as an Accessory Use shall be subject to all Use regulations and performance
standards contained herein and to such other regulations as may be applicable,
including Site Plan review and design review. Uses not listed in the Table of
Permitted Uses are not permitted in the district or subdistrict. Notwithstanding
any provision of this Section, no Use is permitted on a parcel, whether listed by
right, as a Conditional Use or as an Accessory Use in such district, unless it can
be located on such parcel in full compliance with all of the performance
20.2
standards and other requirements of the Zoning Ordinance applicable to the
specific Use and parcel in question.
B. Table of Permitted Uses
General Use R-PS 1,2 R-PS 3,4 C-PS RM-PS 1
Category 1,2,3,4
Single Family; P P P P
Townhome; Apt/Hotel not permitted
Apartmen t .
,
Apartmen t/Hotel
Hotel N P P N
Commercial N N P P
(8% of Floor Area)
Institutional C C C C
(1.25% of Floor Area)
Accessory P P P P
P - Main Permitted Use C - Conditional Use N - Not Permitted
Floor Area in the M-PS 1 District refers to total Floor Area in project. Commercial Uses in
RM-PSl limited to stores and restaurants.
For purposes of this Section, Filling Stations and any Use that sells gasoline or automotive or
related repair Uses are considered as industrial Uses and are not permitted in the
Redevelopment Area.
C. Suoolemental Re2ulations as to Non-Conformin2 Uses. Lots and Structures
1. AoolicabiIitv. Non-conforming Uses, Lots and Structures shall be subject
to the regulations contained in Section 13 of this Ordinance and the
additional and supplemental regulations prescribed herein.
2. Building Permit or other permit(s) shall be issued by the City for
rehabilitation of a Non-conforming Structure or Use:
a. If no other Building Permit or City permit for repair or
rehabilitation has been issued during the Preceding calendar year,
b. When the cost of rehabilitation is less than fifty (50%) percent of
the Dade County tax assessed valuation of the Structure or fifty
(50%) percent of the replacement value as determined by the Dade
County Property Appraiser, whichever is greater, and the
Structure meets all applicable standards of the Miami Beach
Property Maintenance Standards, the South Florida Building Code,
and Fire Prevention and Safety Code as determined by an on-Site
inspection; and no damaged and subsequently repaired unit shall
contain less than the Floor Area requirements as set forth in the
Zoning District in which the Structure is located.
c. When the cost of rehabilitation is equal to or greater than fifty
(50%) percent of the assessed valuation of the Structure or .fifty
20.3
(50%) percent of the replacement value as determined by the Dade
County Property Appraiser, whichever is greater, and the
Structure meets all applicable standards of the Miami Beach
Property Maintenance Standards and the South Florida Building
Code as determined by an on-Site inspection; and not less than
eighty-five (85%) percent of all Apartment Units in the
Structure(s) shall have a minimum gross Floor Area of 750 square
feet or greater; and not more than fifteen (15%) percent of the
Apartment Units in the Structure(s) shall have a minimum gross
Floor Area of not less than 400 square feet, unless a Variance is
granted pursuant to Section 16 of this Ordinance.
A Non-conforming Structure shall not again be used except in conformity
with the regulations of the PS Districts, if such Non-conforming
Structure is unused as of the Effective Date of this Ordinance and either:
3.
The Structure has remained idle or unused for a continuous period
of six (6) months.
a.
The Structure has remained idle or unused for 18 months during
any three (3) year period whether or not the equipment or Fixtures
are removed.
b.
E__ST ANDARD REGULA TIQNS
ral Reauirement. No Building, Structure or land shall be used or occupied
except in conformance with the performance standards applicable to the Use and
subdistrict as set forth in the applicable Table of Performance Standards. The
purpose of the performance standards is:
f
A.
20-4
to provide detailed regulations by means of minimum criteria which must
be met by all Uses in order to ensure Development consistent with the
goals and objectives of the Comprehensive Plan and the Redevelopment
Plan
1
to protect the integrity of the Comprehensive Plan and the
Redevelopment Plan and the relationships between Uses and densities
that are essential to the viability of these Plans and the Redevelopment
Area: and,
2.
to promote and protect the public health, safety, and general welfare by
requiring all Development to be consistent with the land Use, circulation
and amenities components of the redevelopment element of the
Comprehensive Plan and the capital improvements program for the area,
as specified in the Comprehensi ve Plan.
20.4
3.
1.
B. Table of Residential Performance Standards
Residential Subdistricts
Performance Standard R-PSI R-PS2 R-PS3 R-PS4
Minimum Lot Area 10,000 10,000 10,000 10,000
Minimum Lot Width 1 00 ft. 100 ft. 100 ft. 100 ft.
Required Open Space Ratio .60 .65 .70 .70
Maximum Building Height None None None None
Base FAR (without bonus) .75 1.0 1.25 1.5
Maximum FAR (with 1.5 1.75 2.00 2.25
bon us)*
Minimum Floor Area Per 700 650 600 550
Apartment Unit (square feet)
Minimum Average Floor 950 900 850 800
Area Per Apartment Unit
(square feet)
Minimum Floor Area Per N.A. N.A. 15% = 300- 15% = 300-
Hotel Unit (square feet) 335 sq.ft. 335 sq.ft.
85% = 335+ 85% = 335+
sq.ft. sq. ft.
2.
3.
4.
5.
6.
7.
8.
9.
10. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4,K
Requirement herein.
11.
Minimum Off-
Street Loading
Signs
Suites Hotel
Pursuant to Section 6-22 of Zoning Ordinance.
Pursuant to Section 7-5 of Zoning Ordinance.
12.
13.
Pursuan t to Section 9 of Zoning Ordinance.
.
The maximum FAR increase above the base Floor Area Ratio is achieved by using the
Design Bonus provisions as listed in Section 6-24 of this Ordinance.
20.5
Rear
of.
Side,
Facing a Street
3.
R-PS1,2,3,4
Side,
Interior
2.
C. Setback Requirements
Front
1.
Non-oceanfront Lots
-5 feet
Oceanfront Lots
20% of Lot Depth,
feet minimum.
-
50
5'. or 5% of Lot
Width, whichever is
greater.
5', or 5% of Lot
Width, whichever is
greater (0' if Lot
Width is 50' or less)
20'
a. At Grade Parking
Lot (below Building)
Non-oceanfront Lots
-0 feet
Oceanfront Lots -
20% of Lot Depth, 50
feet minimum.
5', or 5% of Lot
Width, whichever is
greater.
5', or 5% of Lot
Width, whichever is
greater. (0' if Lot
Width is 50' or less)
20'
b. Subterranean
Non-oceanfront Lots
-10% of Lot Depth.
Oceanfront Lots -
20% of Lot Depth,
50' minimum.
Sum of the Side
Yards shall equal
16% of Lot Width.
Min.- 7.5' or 8% of
Lot Width,
whichever is greater.
Sum of the Side
Yards shall equal
16% of Lot Width.
Min.- 7.5' or 8% of
Lot Width,
whichever is greater.
20'
c. Pedestal
Non-oceanfront Lots
-15% of Lot Depth.
Oceanfront Lots -
25% of Lot Depth,
75' minimum.
Sum of the Side
Yards shall equal
16% of the Lot
Width.
Min.- 7.5' or 8% of
Lot Width,
whichever is greater.
The required
Pedestal setback plus
.10 the height of the
Tower not to exceed
50 feet.
20.6
20' + l' for every l'
increase in height
above 50', to a maxi-
mum of 50', then
shall remain con-
stant.
d. Tower
D. Table of Commercial Performance Standards
Performance Standard
C-PSI
Commercial Subdistricts
C-PS2 C-PS3 C-PS4
1. Minimum Lot Area 10,000 10,000 10,000 10,000
2. Minimum Lot Width 100 ft. 1 00 ft. 100 ft. 100 ft.
3. Maximum Building Height None None None None
4. Base FAR (without bonus) 1.0 2.0 2.5 2.5
5. Maximum FAR (with 2.0 2.5 3.5 3.5
bonus).
6. Residential Development Pursuan t Pursuan t Pursuan t Pursuant to
to all R- to all R- to all R- all R-PS4
PS2 PS3 PS4 district
district district district regulations,
regula tions regula tions regulations except
except maximum
maximum Floor Area
Floor Area Ra tio shall
Ra tio shall be 3.5 and
be 3.5 and Open Space
Open Ratio .60
Space measured at
Ratio .60 or above
measured Grade.
at or above
Grade.
7. Minimum Floor Area Per 15% = 300-335 sq.ft.; 85% = 335+ sq.ft. in all districts.
Hotel Unit (square feet)
8. Minimum Parking RequirementsPursuant to Section 7 of Zoning Ordinance and
Section 20-4, H Requirement herein.
9.
Minimum Off-
Street Loading
Signs
Pursuan t to Section 7 of Zoning Ordinance.
10.
Pursuant to Section 9 of Zoning Ordinance.
.
The maximum FAR increase above the base Floor Area Ratio is achieved by using the
Design Bonus provisions as listed in Section 6-24 of this Ordinance.
20.7
E. Setback Requirements C-PS1,2,3,4
Side,
Facing a Street
3.
Side,
Interior
2.
Front
1.
Rear
..
o feet
10 feet when
abutting a residential
district, otherwise 5
feet unless separated
by a Waterway
otherwise none.
o feet
10' when abutting a
residential district,
unless separated by a
Street or Waterway
otherwise none.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
o feet
10' when abutting a
residential district,
otherwise none.
Residential Uses shall
follow the RM-1.2,3
setbacks (See Section
6-5).
o feet
o feet
a. Subterranean
b. Pedestal and
Tower (non-
oceanfront)
25% of Lot Depth,
75' minimum.
Commercial Uses
10 feet.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
Commercial Uses
10 feet.
Residential Uses shall
follow the RM-1,2,3
setbacks (See Section
6-5).
Pedestal - 15 feet
Tower - 20 feet + I'
for every I' increase
in height above 50'.
to a maximum of 50'.
then shall remain
constant.
c. Pedestal and
Tower (oceanfront)
If
If located on the same Lot as the main Structure the above setbacks shall apply,
primary Use the setbacks are listed in Section 6-2.. B.14.
d. Parking Lots and Garages _
Area Ra tio
Setbacks - When more than 25% of the total area of a Building in a C-PS
District is used for residential or Hotel Units, any floor containing such
units shall follow the R-PSl,2,3,4 setback regulations.
Calculation of Setbacks and Floor
s:
Mixed__Use Buildin
F.
FAR - When more than 25% of the total area of a Building in a C- PS
District is used for residential or Hotel Units, the FAR range shall follow
the Floor Area Ratios as follows: in the C-PS1 District, the FAR as set
forth in the R-PS1 District; in the C-PS2 District, the FAR as set forth
in the R-PS2 District; in the C-PS3 District, the FAR as set forth in the
R-PS3 District; in the C-PS4 District, the FAR as set forth in the R-PS4
District.
20.8
2.
G. Table of Residential Limited Mixed Use Performance Standards
Mixed Subdistricts
Performance Standard
RM-PSl
1. Minimum Site Area 120,000
2. Minimum Site Width 350 ft.
3. Required Open Space Ratio .60
4. Maximum Building Height 60 ft.
5. Base FAR (without bonus) .75
6. Maximum FAR (with bonus) 1.5
7. Minimum Floor Area Per 600
Apartment Unit (square feet)
8. Minimum Average Floor Area 1200
Per Apartment Unit (square
feet)
9. Minimum Floor Area Per Hotel N.A.
Unit (square feet)
10.
Minimum Parking
Pursuant to Section 7 of Zoning Ordinance
and Section 20-4,M Requirement herein.
11.
Minimum Off-
Street Loading
Pursuant to Section 7-5 of Zoning Ordinance.
12.
13.
Signs
Pursuant to Section 9 of Zoning Ordinance.
Suites Hotel N.A.
H. Setback Reauirements RM-PSl
2.
Side Interior
2 feet when approved by the
Design Review Board otherwise
Section 20-4,C applies.
See Section 20-4,C.
1.
Front, Rear, Side yard Facing
Street
I. Performance Standard Bonuses. Floor Area Ratio bonuses may be accumulated
by meeting one or more of the criteria as set forth in Section 6-23; provided that
in no event shall any Use be permitted an increase in Floor Area Ratio so as to
exceed the maximum Floor Area Ratio specified in the applicable Table of
Residential. Commercial Performance Standards or Residential Limited Mixed
20.9
Use Performance Standards, except through the Use of Transfer of Development
Rights as set forth in Subsection 20-5 herein.
Minimum ReQuired Yards in Relation to Minimum Ooen Soace Ra tio. In all
cases, except as otherwise provided herein, an Applicant shall comply with both
minimum Required Yard and minimum Open Space requirements. Where the
minimum Open Space Ratio results in greater required Open Space at Grade
than that required by the minimum Yards requirements alone, the Applicant
shall provide not less than 50% of the difference in the form of Open Space at
Grade.
J.
The Open Space Ratio may include Open Space on roof top decks which are less
than fifty (50) feet above Grade; except that in the C-PS4 and RM-PSI Districts
the Applicant shall provide not less than 25% of the difference in the form of
Open Space at Grade. At least 25% of the roof top deck shall constitute living
landscape material. Open Space above Grade may be in the form of recreational
facilities above the Pedestal portion of the Building.
Required Yards and Open Space, whether at or above Grade, may not be utilized
for parking or Accessory Structures except as set forth above and in Section 7-
6,H in the regulations for Temporary Parking Lots; however, at-Grade drives
in the C-PS3 District shall be permitted within Required Yards and Open Sp"ace
when said drives are not less than 7~ feet from the property line.
Required Yards and Open Space, whether at or above Grade in the C- PS4 and
RM-PS1 Districts may also be utilized for drives and Off-Street Parking Spaces,
except that if drives are ramped, they shall be at least seven and one half (7 ~)
feet from the front property line and, not more than ten (10) feet or one level
above Grade at their highest point; the total length of an elevated drive shall
not exceed forty percent (40%) of that portion of the Lot facing the adjacent
Street.
Required Yards adjacent to Biscayne Bay in the C-PS4 District may be utilized
for open and unenclosed decks, platforms, planters, canopies, canvass type
Awnings, baywa1ks or removable furniture such as tables and chairs. Required
Side Yards in the C-PS4 District may have public walkways that are partially
covered.
in
Develo
Residen tiat
K.
ment
in Section 7-7.
forth
Fee Program as set
Impact
the Parking
See
trict
1.25 parking spaces per Apartment Unit, 1 parking space per Hotel Unit, and 2.5
parking spaces per 1,000 square feet of commercial space. Up to forty percent
(40%) of the total parking spaces created on the Premises may be for compact
cars. Required parking for Hotel, Hotel Accessory Uses and club Uses may be
satisfied through the provision of valet parking spaces. Twenty percent (20%)
of Apartment Unit parking spaces may be satisfied through the provision of
valet parking spaces.
20.10
C-PS3 and
ulations:
Re
Pa r kin
lementaI
u
L.
Parking spaces shall be sized in accordance with the following chart:
Parkin2 An2le Standard Soaces
90; 8'6" Wide
18 0" Long
60; 8'6" Wide
18'0" Long
45 ; 8'6" Wide
18'0" Long
Parallel 8'6" Wide
23'0" Long
Handicapped 12'0" Wide
18'0" Long
Access aisles shall be provided in accordance with the following chart:
Size/Car
Standard
Standard
Standard
Compact
Compact
Compact
Standard
Compact
Angle of Parking Width of Aisle: Width of Aisle: Width of Aisle:
One-Way Traffic Two - Way One-Way Traffic
Double Loaded Traffic Double Single Loaded
Loaded
90;
60;
45 ;
90;
60;
45 ;
& Parallel Parking
23.0 feet
11.8 feet
9.5 feet
20.0 feet
9.5 feet
9.2 feet
10.0 feet
23.0 feet
19.3 feet
18.5 feet
21.0 feet
19.0 feet
18.7 feet
20.0 feet
23.0 feet
12.7 feet
10.8 feet
20.0 feet
10.3 feet
10.6 feet
10.0 feet
M. Suoolemental Parking Re2ulations: RM-PS 1 District
1.65 parking spaces per Apartment Unit, and one (I) parking space per 1,000
square feet of any non-residential use. Up to twelve percent (12%) of the total
parking spaces created on the Premises may be for valet parking spaces.
20.11
SECTION 21
ADMINISTRA TION
21-1 ENFORCEMENT.
A. It shall be the duty of the Planning and Zoning Department and the Code
Enforcement Division to enforce the provisions of this Ordinance and to refuse
to approve any permit for any Building or for the Use of any Premises, which
would violate any of the provisions of this Ordinance. The Building Official
shall enforce those provisions of the Ordinance which delegate specific powers
and duties to that individual. It shall also be the duty of all officers and
employees of the City to assist these Departments by reporting to them any
seeming violation in new construction, reconstruction or land Uses.
B. The City's Planning and Zoning Director, Building Official, and Code
Enforcement Division Chief are authorized, where deemed necessary for
enforcement of these regulations, to request the execution of an agreement for
recording.
C. In case any Building is erected, constructed, reconstructed, altered, repaired, or
converted, or any Building or land is used in violation of this Ordinance, the
City's Planning and Zoning Director, Building Official, and Code Enforcement
Division Chief, or the City in their behalf is authorized and directed to institute
any appropriate action to put an end to such violation.
D. For purposes of inspection and upon presentation of proper credentials, the
City's Planning and Zoning Director, Building Official, and Code Enforcement
Division Chief or their authorized representatives, may enter at any reasonable
time, any Building, Structure or Premises, for the purpose of determining
whether this Ordinance is being violated. In the event violations of this
Ordinance are found on a given Premises, the Building Official and the Code
Enforcement Division Chief or their authorized representative, are empowered
to issue Notices of Violation to the owner of said Premises and to any Persons
responsible for creating or maintaining the violations. Additionally, the
Building Official may stop work on projects which violate this Ordinance with
respect to materials, work, Grades, Use or other regulations or provisions thereof.
21-2 VIOLATIONS AND PENALTIES.
A. Any person, firm or corporation who shall violate or fail to comply with any of
the provisions of this Ordinance or with any of the requirements thereof, or who
shall build or alter any Building in violation of any detailed statement or plan
submitted and approved hereunder, shall be brought before the Code
Enforcement Board of the City of Miami Beach. The Code Enforcement Board
may assess fines and impose liens as provided in Chapter 9B of the Miami Beach
City Code and Chapter 162, Florida Statutes (I 987) and amendments thereto. The
owner or owners of any Building or Premises, or part thereof, where anything
in violation of these regulations shall be placed or shall exist, and any agent,
Person, or corporation employed in connection therewith and who has assisted
in the commission of any such violation may be guilty of a separate offense, and
may be fined as hereinbefore provided.
21.1
PERMITS AND PLOT PLANS.
A Building Permit shall not be issued for any Building or Structure to be
erected, constructed, altered, moved, converted, extended, enlarged or used, or
for any land or water to be used, except in conformity with the provisions of
this Ordinance.
A.
21-3
A license or permit shall not be issued by any Department, Agency or Official
of the City of Miami Beach for the Use of any Premises or the operation of any
business, enterprise, occupation, trade, profession or activity which would be in
violation of any of the provisions of this Ordinance.
B.
Wh~re this Ordinance requires the submittal of Site Plans, said Site Plans shall
contain all of the information required by applicable laws and ordinances
governing the approval of subdivisions and, in addition, shall show the
following:
A.
21-4
The proposed title of the project and the name of the engineer, architect
or landscape architect, and the developer.
and date.
scale,
The northpoint,
2.
boundaries.
The boundaries of the property involved, all existing easements, section
lines, and property lines, existing Streets, Buildings Waterways,
watercourses, or lakes, and other existing physical features in or
adjoining the project.
Existing zoning and zoning district
3.
4.
The location and sizes of sanitary and storm sewers, water mains,
culverts, and other underground Structures in or near the project.
s.
if any.
The location, dimensions, and character of construction of proposed
Streets, Alleys, driveways, curb cuts, entrances and exits, loading areas
(including numbers of parking and Loading Spaces), outdoor lighting
systems, storm drainage and sanitary facilities.
in zoning,
Proposed changes
6.
7.
setback lines, and
playgrounds, Open
The location and dimensions of proposed Lots,
easements, and proposed reservations for parks,
Spaces, and other common areas.
8.
and to Lot Lines of all proposed
exca va tions, accessory and ma in.
to each other
or major
Location with respect
Buildings and Structures,
9.
may be
ildings,
ilding or Bu
Preliminary plans and elevations of the Bu
necessary.
10.
as
screen planting, and
walls,
fences,
of all
and material
21.2
Location, height
landscaping.
11
12. Location, character, size, and height and orientation of proposed Signs,
if any.
13. A tabulation of the total number of Apartment Units of various types
in the project and the over-all project density in square feet of Lot Area
per Apartment Unit, gross or net as required by district regulations.
B. The Planning and Zoning Director may establish additional requirements for
Site Plans, and in special cases, may waive a particular requirement if, in his
opinion, the requirement is not essential to a proper decision on the project.
21-5 CERTIFICATES OF OCCUPANCY AND CERTIFICATE OF USE.
A. No Building or Structure, or part thereof, or Premises, which are hereafter
erected or altered, or changed in occupancy, or land upon which a. new or
different Use is established, shall be occupied or used until a Certificate of
Occupancy and Certificate of Use shall have been applied for and issued.
B. Certificates of Occupancy and Certificates of Use shall not be issued until the
Premises have been inspected and found to comply with all requirements of the
Code of the City of Miami Beach and of this Ordinance, and with the
requirements of all other agencies having regulatory authority over the project.
C. A record of all Certificates of Occupancy issued hereunder shall be kept on file
in the office of the Building Official.
D. A record of all Certificates of Use issued hereunder shall be kept on file in the
office of the Code Enforcement Division.
E. All applications for Certificates of Occupancy shall be approved or disapproved
within three (3) days following application.
21-6 INTERPRETATION. PURPOSE AND CONFLICT.
A. In interpreting and applying the provisions of this Ordinance, they shall be held
to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, prosperity, or general welfare. It is not intended by this
Ordinance to interfere with or abrogate or annul any easements, covenants, or
other agreements between parties, or to repeal any provisions of the Miami
Beach City Code. Where the regulations imposed by this Ordinance are more
restrictive than those imposed by any other ordinances, rules, regulations,
easements, covenants or agreements, then this Ordinance shall supercede them;
however, when any of the above are more restrictive than this Ordinance, then
the more restrictive provision shall govern to the extent necessary to give effect
to its provisions. When there are different regulations, one general and one more
specific, both of which may apply to a given subject, the more specific one shall
govern, regardless of whether it be part of the City Code or this Ordinance and
regardless of the date of enactment.
B. If, because of error or omission in the Zoning District Map, any property in the
City of Miami Beach is not shown as being in a zoning district, the classifica tion
of such property shall be classified RS-l Single Family Residential District, until
changed by amendment.
21.3
Designation of Zoning Districts and Overlay Zones shall be on the Official
Zoning Map. The Official Zoning Map shall indicate the location of Zoning
Districts and Overlay Zones. The below tables explain the symbols used for each
designa tion:
MAPS.
A.
21-7
lanalion of ~
Ex
USE
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Multiple Family, Low Intensity
Multiple Family, Medium Intensity
Multiple Family, High Intensity
Commercial, Low Intensity
Commercial, Medium Intensity
Commercial, High Intensity
Convention Center District
Municipal Use
Hospital District
Industrial, Light
Marine Recreational
Mixed Use Entertainment
Residential/Office
Townhome Residential
Waterway District
Waterway District
Residential Medium-Low Density
Residential Medium-Low Density
Residential Medium-High Density
Residential High Density
Commercial Limited Mixed Use
Commercial General Mixed Use
Commercial In tensi ve Mixed Use
Commercial Intensive Phased Bayside
Residential Limited Mixed-Use Development
SYMBOL
RS-I
RS-2
RS-3
RS-4
RM-l
RM-2
RM-3
CD-I
CD-2
CD-3
CCC
GU
HD
I-I
MR
MXE
RO
TH
WD-l
WD-2
R-PS1
R-PS2
R-PS3
R-PS4
C-PSI
C-PS2
C-PS3
C-PS4
RM-PS
Except as otherwise provided in Section 6-12, all City-owned properties
are zoned GU although they may not be designated on the map.
2.
tricts_anduSites
Ex
3.
Svmbol
nation
Dune Overlay District
Historic Preservation District
Historic Preservation Site
Ex
DOD
HPD
HPS
Map
be on an Official
The designation of Parking Impact Fee Districts shall
entitled Parking Impact Fee Districts.
21.4
B.
C. The Official Zoning Map and the Parking Impact Fee District Map shall be on
file and available to the public in the Office City Clerk and the Planning and
Zoning Department.
D. The area bounded by Alton Road, Julia Tuttle Interchange and North Bay Road
shall be designated as a Townhome District (TH) if the proposed town home
development site contains a minimum of 44,000 sq. ft. of Lot Area otherwise the
property shall be designated as RS-4 Single Family.
E. All Lots in Fisher Island which do not have a Zoning District assignment are
considered to be in the GC Golf Course District classification.
F. On June 7, 1989 the City Commission approved an option with the Hebrew
Academy to exchange private land for a portion of the Par 3 Golf Course. At
the exercise of the option the affected portion of the Par 3 Golf Course C;h31l
automatically be zoned in the RM-l District Zoning classification. The property
that the City will obtain shall be zoned GU Government Use.
21-8 VALIDITY.
A. If any section, paragraph, subdivision, clause, phrase, or prOViSion of this
Ordinance shall be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of this Ordinance as a whole or any part
of provisions thereof, other than the part so declared to be invalid.
21-9 REPEALER.
Zoning Ordinance No. 1891, as amended, is hereby repealed in its entirety.
21-10 FORCE AND EFFECT.
A. This Ordinance shall take effect on October 1, 1989 ten days after its adoption
on September 21, 1989.
PASSED and ADOPTED this
21st
day of
, 1989.
ATTEST:
1~tlM 7t{ fdL~/
City Clerk
1st Reading 9/7/89
2-rd t!.d/fJ,AJ(', 'lla/if
FORM APPROVED
lEG\1~.
8Y~
\[
Date 10-/8 ~ 8 Cf
.
21.5