HomeMy WebLinkAboutO-06871t:.OMPR[H[NSIV
ZONING. ORDINANCE
JI-T-YOF MIAMI
EFFECTIVE DATE
June 2, 1961
IMPORTANT
(Gt— (5.00
4.1-1c6 191 C/
PLUS
are copies of Ordinances 8132 and 8137, which were.
by.the Miami City Commission subsequent to the
:,,}fig of these revisions to the Zoning Ordinance.
Ls onRof these with your Ordinance Book will make
j !r entas of June 1, 1973.---r
11.
TABLE OF CONTENTS
ARTICLE I.- INTENT, PURPOSES AND METHODS
Sec. I.- COMPREHENSIVE ZONING ORDINANCE
ARTICLE II.- DEFINITIONS
Sec. I . - GENERAL
Sec. 2.- TERMS DEFINED
ARTICLE III.- ZONING DISTRICTS
Sec. I.- CLASSES AND SYMBOLS
Sec. 2.- ZONING DISTRICT MAPS
Sec. 3.- ANNEXED AREAS
Sec. 4.- WATER AREAS
Sec. 5.- DISTRICTING OF VACATED WAYS AND RAILROAD RIGHT-OF-WAY
Sec. 6.- BOUNDARIES OF DISTRICTS
ARTICLE IV.- GENERAL PROVISIONS
2
2
2
3
3
3
3
4
Sec. I.- CONFLICTING REGULATIONS 4
Sec. 2.- SCOPE 4
Sec. 3.- BUILDINGS UNDER CONSTRUCTION 4
Sec. 4.- OUTSTANDING PERMITS 4
Sec. 5.- TIME LIMIT 4-
Sec. 6.- ERRORS AND VIOLATIONS 4
Sec. 7.- EXISTING PLATTED LOTS 4
Sec. 8.- MOBILE HOMES (HOUSE TRAILERS) CAMP AND TRAVEL TRAILERS
OR VEHICLES, BOATS AND BOAT TRAILERS (ORD. 7638) 5
Sec. 9.- PERMITS ON UNPLATTED LAND 5
Sec. 0.- PLATTING OF UNPLATTED LAND 5
Sec. I.- REPLATTED LOTS 6.
Sec. 1.1- PRIVATE ROADS (ORD. 8662) ..,. 6.1.
Sec. 2.- STREET FRONTAGE REQUIRED 6.
Sec. 3.- DOUBLE FRONTAGE 6.
Sec. 4.- USE OF PREMISES WITHOUT BUILDINGS 6.
Sec. 5.- GROUP HOUSING 6.1
Sec. 6.- YARD ENCROACHMENTS 9
Sec. 7.- FENCES, WALLS AND HEDGES 9
Sec. 8.- VISION CLEARANCE - RESIDENTIAL, NON-RESIDENTIAL DISTRICTS 20
Sec. 9.- ACCESSORY USES AND STRUCTURES 20
Sec. 20.- COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS,
APARTMENT HOTELS, OFFICE BUILDINGS AND APARTMENTS
(ORD. 7503) 2I
Sec. 2I.- EXCLUSIONS FROM HEIGHT LIMITS AND YARD REQUIREMENTS 21.1
Sec. 22.- BOAT HOUSES AND BOAT SLIPS 22
Sec. 23.- DOCKS AND WHARVES AND DOCKAGE (ORD. 8503) 22
Sec. 24.- GROINS AND BREAKWATERS 22.3
Sec. 25.- STANDARDS FOR GASOLINE STATIONS (ORD. 7883) 23
Sec. 26.- TRANSITIONAL USES IN "R" DISTRICTS 23
Sec. 27.- COMBINATION RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS
(ORD. 7508)
Sec. 28.- COMMERCIAL VEHICLE PARKING
Sec. 29.- USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS
Sec. 30. ELEVATION OF FILLED LAND
Sec. 3I .- MINIMUM LOT SIZES ON ISLANDS
Sec. 32.- PUBLIC UTILITIES
Sec. 33.- PARKING IN ORANGE BOWL AREA
Sec. 34.- CREMATORIES
Sec. 35.- MUNICIPAL USES
Sec. 36.- PUBLIC AND SEMI-PUBLIC BUILDINGS OR USES
Sec. 37.- AIRPORT - HEIGHT REGULATIONS
Sec. 38.- NUISANCES
Sec. 39.- INTERIM ZONING DISTRICT (ORD. 8131)
Sec. 40.- ENVIRONMENTAL CONTROLS (ORD. 8213)
Sec. 4I.- SITE AND DEVELOPMENT PLAN APPROVAL (ORD. 8312)
Sec. 42.- SPECIAL PLANNED DEVELOPMENT DISTRICTS (ORD. 8329)
Sec. 43.- SUBSTANCE ABUSE FACILITIES (ORD. 8386)
Sec. 44.- REGULATED USES (ORD. 8695)
Sec. 45.- RESIDENTIAL GROUP. HOMES FOR DEVELOPMENT DISABILITIES
\(ORD. 8861) -
REV . I - I -79
23
24
24
24
24
24
24
24
25
25
25
25
25
25.1
25.2
25.2
25.5
25.6
Page
ARTICLE V.- ONE -FAMILY DWELLINGS - R-1, R-1 A, R-1 B DISTRICTS 26
Sec. 1.- USE REGULATIONS 26
Sec. 2.- AREA 27
Sec. 3.- YARDS 27
Sec. 4.- HEIGHT 27.1
Sec. 5.- MINIMUM FLOOR AREA 27.1
ARTICLE VI.- TWO-FAMILY DWELLING - R-2 DISTRICT 28
Sec. 1.- USE REGULATIONS 28
Sec. 2.- AREA 28
Sec. 3.- YARDS 28
Sec. 4.- HEIGHT 29
Sec. 5.- MINIMUM FLOOR AREA 29
Sec. 6.- CONDITIONAL USE DEVELOPMENT STANDARDS (ORD. 8048) 29
ARTICLE VII.- LOW DENSITY MULTIPLE - R-3 DISTRICT 30
Sec. 1.- USE REGULATIONS 30
Sec. 2.- AREA 30.1
Sec. 3.- YARDS 30.1
Sec. 4.- HEIGHT 31
Sec. 5.- FLOOR AREA RATIO 31
Sec. 6.- LOT COVERAGE 31
Sec. 7.- MINIMUM FLOOR AREA 31
Sec. 8.- USABLE OPEN SPACE (ORD. 7508) 31
ARTICLE VII-1 .- LOW DENSITY APARTMENT - R-3A DISTRICT (ORD. 7230) 32
Sec. 1.- USE REGULATIONS 32
Sec. 2.- LIMITATIONS ON PATIO APARTMENT USE 32
Sec. 3.- AREA 32
Sec. 4.- YARDS 32
Sec. 5.- HEIGHT 33
Sec. 6.- LOT COVERAGE 33
Sec. 7.- FLOOR AREA RATIO 33
Sec. 8.- MINIMUM FLOOR AREA 33
Sec. 9.- USABLE OPEN SPACE 33
Sec. 10.- LANDSCAPING (ORD. 8073) 33
Sec. 11.- PRELIMINARY DEVELOPMENT PLAN REVIEW (ORD. 8073) 33
ARTICLE VIII.- MEDIUM DENSITY MULTIPLE - R-4 DISTRICT 34
Sec. 1.- USE REGULATIONS 34
Sec. 2.- AREA 34
Sec. 3.- YARDS 34.1
Sec. 4.- HEIGHT 35
Sec. 5.- FLOOR AREA RATIO 35
Sec. 6.- LOT COVERAGE 35
Sec. 7.- MINIMUM FLOOR AREA 35
Sec. 8.- USABLE OPEN SPACE (ORD. 7508) 36
ARTICLE IX.- LOW DENSITY PLANNED DEVELOPMENT - R-PD DISTRICT
(ORD. 7065) 37
Sec. 1.- PURPOSE OF DISTRICT 37
Sec. 2.- USE REGULATIONS 37
Sec. 3.- REPEALED (ORD. 7508) 37
Sec. 4.- APPROVAL OF DEVELOPMENT PLAN - ESTABLISHMENT OF R-PD
DISTRICT 37
Sec. 5.- AREA 38
Sec. 6.- YARDS 38
Sec. 7.- HEIGHT 38
Sec. 8.- LOT COVERAGE 38
Sec. 9.- MINIMUM FLOOR AREA 38
Sec. 10.- ABANDONMENT AND EXPIRATION 38
ARTICLE X.- HIGH DENSITY MULTIPLE - R-5 DISTRICT 39
Sec. 1.- USE REGULATIONS 39
Sec. 2.- AREA 39
Sec. 3.- YARDS 39
Sec. 4.- HEIGHT 40
Sec. 5.- FLOOR AREA RATIO 40
II REV. 1-1-75
Sec. 6.-
Sec. 7.-
Sec. 8.-
LOT COVERAGE
MINIMUM FLOOR AREA
USABLE OPEN SPACE (ORD. 7508)
ARTICLE X-1.- HIGH DENSITY MULTIPLE - R-5A DISTRICT
409e
4o
41
(ORD. 7082) 42
Sec. 1.- USE REGULATIONS 42
Sec. 2.- AREA 42
Sec. 3.- YARDS 42
Sec. 4.- HEIGHT 43
Sec. 5.- FLOOR AREA RATIO 43
Sec. 6.- LOT COVERAGE 43
Sec. 7.- MINIMUM FLOOR AREA 43
Sec. 8.- USABLE OPEN SPACE (ORD. 7508) 44
ARTICLE XI.- RESIDENTIAL -OFFICE - R-C DISTRICT 45
Sec. 1.- USE REGULATIONS 45
Sec. 2.- AREA 45
Sec. 3.- YARDS 45
Sec. 4.- HEIGHT 46
Sec. 5.- FLOOR AREA RATIO (ORD. 7508) 46
Sec. 6.- LOT COVERAGE (ORD. 7508) 46
Sec. 7.- MINIMUM FLOOR AREA (ORD. 7508) 46
Sec. 8.- USABLE OPEN SPACE (ORD. 7508) 46
ARTICLE XI-1.- RESIDENTIAL -OFFICE - R-CA DISTRICT (ORD. 713) 47
Sec. 1.- USE REGULATIONS 47
Sec. 2.- AREA 47
Sec. 3.- YARDS 47
Sec. 4.- HEIGHT 47
Sec. 5.- FLOOR AREA RATIO (ORD. 7508) 47
Sec. 6.- LOT COVERAGE (ORD. 7508) 47
ARTICLE XI-2.- RESIDENTIAL -OFFICE - R-CB DISTRICT (ORD. 7982) 47.1
Sec. 1.- USE REGULATIONS 47.1
Sec. 2.- AREA 47.1
Sec. 3.- YARDS 47.1
Sec. 4.- HEIGHT 47.2
Sec. 5.- FLOOR AREA RATIO 47.2
Sec. 6.- LOT COVERAGE 47.3
Sec. 7.- MINIMUM FLOOR AREA 47.3
Sec. 8.-. USABLE OPEN SPACE 47.3
Sec. 9.- STRUCTURE PARKING +7.3
Sec. 10.- DEVELOPMENT PLAN REVIEW '7.4
Sec. 11.- REMOTE SITE PARKING 47.4
ARTICLE X1=3.- RESIDENTIAL -OFFICE -COMMERCIAL - R-C1 DISTRICT 4''.5
Sec. 1.- USE REGULATIONS
Sec. 2.- LIMITATIONS ON USES
Sec. 3.- AREA
Sec. 4.- YARDS
Sec. 5.- HEIGHT
Sec. 6.- FLOOR AREA RATIO
Sec. 7.- STRUCTURE PARKING
Sec. 8.- DEVELOPMENT PLAN REVIEW
ARTICLE XI-4.- RESIDENTIAL -OFFICE - R-CC DISTRICT
(oRD. 7983)'
(ORD. 8592)
47,5
47.E
47.
47.5
47.6
47.6
47.6
47.7
47.8
Sec. 1.- INTENT 47.8
Sec. 2.- USE REGULATIONS 47.8
Sec. 3.- LIMITATIONS ON USES 47.8
Sec. 4.- AREA 47.8
Sec. 5.- YARDS 47.8
iec. 6.- HEIGHT 47.9
Sec. 7.- LOT COVERAGE 47.9
Sec. 8.- FLOOR AREA RATIO 47.9
iii - Rev. 1-26-77
Page
Sec. 9.- MINIMUM FLOOR AREA 47.9
Sec. 10.- USABLE OPEN SPACE 47.9
Sec. 11.- LANDSCAPING 47.9
Sec. 12.- PARKING 47.9
Sec. 13.- SITE AND DEVELOPMENT PLAN APPROVAL 47.10
ARTICLE XII.- LOCAL COMMERCIAL - C-1. DISTRICT 48
Sec. 1.- 4SE REGULATIONS 48
Sec. 2.- LIMITATIONS ON USES 49.1
Sec. 3.- AREA 49.1
Sec. 4.- YARDS 49.1
Sec. 5.- HEIGHT 49.1
Sec. 6.- FLOOR AREA RATIO (ORD. 7508) 49.1
ARTICLE XII1.- PLANNED SHOPPING CENTER - C-1A DISTRICT - 50
Sec. 1.- PURPOSE OF DISTRICT 50
Sec. 2.- USE REGULATIONS 50
Sec. 3.- LIMITATIONS ON USES 50
Sec. 4.- APPROVAL OF DEVELOPMENT PLAN 50
Sec. 5.- HEIGHT 51
ARTICLE XIV.- COMMUNITY COMMERCIAL - C-2 DISTRICT 52
Sec. 1.- USE REGULATIONS
Sec. 2.- LIMITATIONS ON USES
Sec. 3.- AREA
Sec. 4.- YARDS
Sec. 5.- HEIGHT
Sec. 6.- FLOOR AREA RATIO (ORD. 7508)
ARTICLE XIV-1.- SPECIAL COMMUNITY COMMERCIAL - C-2A DISTRICT
(ORD. 8382)
52
53.1
53.1
53.1
53.1
53.1
53.2
Sec. 1.- INTENT 53.2
Sec. 2.- USE REGULATIONS 53.2
Sec. 3.- LIMITATIONS ON USE 53.4
Sec. 4.- PEDESTRIAN STREET 53.4
Sec. 5.- AREA 53.5
Sec. 6.- YARDS 53.5
Sec. 7.- HEIGHT 53.5
Sec. 8.- FLOOR AREA RATIO 53.5
Sec. 9.- FLOOR AREA PREMIUMS 53.5
Sec. 10.- PARKING 53.6
Sec. 11.- SITE AND DEVELOPMENT PLAN APPROVAL 53.6
ARTICLE XV.- CENTRAL COMMERCIAL - C-3 DISTRICT 54
Sec. 1.- PURPOSE OF DISTRICT
Sec. 2.- USE REGULATIONS
Sec. 3.- LIMITATIONS ON USES
Sec. 4.- AREA
Sec. 5.- YARDS
Sec. 6.- HEIGHT
ARTICLE XVI.- GENERAL COMMERCIAL - C-4 DISTRICT
54
54
55
55
55
56
Sec. 1.- USE REGULATIONS 56
Sec. 2.- LIMITATIONS ON USES 58
Sec. 3.- AREA 58
Sec. 4.- YARDS 58
Sec. 5.- HEIGHT 58.1
Sec. 6.- FLOOR AREA RATIO (ORD. 7662) 58.1
ARTICLE XVI-1.-
Sec. 1.-
Sec. 2.-
Sec. 3.-
Sec. 4.-
BOULEVARD COMMERCIAL C-4A DISTRICT (ORD. 8608) 58.2
INTENT
USE REGULATIONS
TRANSITION USE AREA
LIMITATIONS ON USES
iv - Rev. 1-26-77
58.2
58.2
58.4
58.4
•
•
Sec. 5.-
Sec. 6.-
Sec. 7.-
Sec. 8.-
Sec. 9.-
Sec. 10.-
Sec. 11.-
Sec. 12.-
ARTICLE XVII.-
Page
FRONTAGE REQUIREMENTS 58.4
AREA 58.5
YARDS 58.5
HEIGHT 58.5
USABLE OPEN SPACE 58.5
FLOOR AREA 58.51
PARKING 58.6
SIGNS 58.6
LIBERAL COMMERCIAL - C-5 DISTRICT
Sec. 1.- USE REGULATIONS
Sec. 2.- LIMITATIONS ON USES
Sec. 3.- AREA
Sec. 4.- YARDS
Sec. 5.- HEIGHT
Sec. 6.- FLOOR AREA RATIO (ORD. 7662)
ARTICLE XVIII.- WATERFRONT RECREATIONAL - W-R DISTRICT
Sec. 1.-
Sec. 2.-
Sec. 3.-
Sec. 4.-
Sec. 5.-
USE REGULATIONS
USES PROHIBITED IN THIS DISTRICT
HEIGHT
AREA
YARDS
ARTICLE XVIII-1.- PUBLIC PARK AND RECREATIONAL USE - P-R DISTRICT
59
59
60
60
60
60
60
61
61
61
61
61
61
(ORD. 7377) 62
Sec. 1.- INTENT (ORD. 8089) 62
Sec. 2.- USE REGULATIONS (ORD. 8089) 62
Sec. 3.- LIMITATION ON USE (ORD. 8089) 62
Sec. 4.- GENERAL STANDARDS AND PROCEDURE (ORD. 8089) 62
iv.i - Rev. 1-26-77
Page
ARTICLE XIX.- WATERFRONT INDUSTRIAL - W-I DISTRICT 63
Sec. I.- USE REGULATIONS 63
Sec. 2.- AREA 63
Sec. 3.- YARDS 63
Sec.. 4.- HEIGHT
Sec. 5.- FLOOR AREA RATIO (ORD. 7662) 63
ARTICLE XX.- LIGHT INDUSTRIAL - I-1 DISTRICT 64
Sec. I.- USE REGULATIONS 64
Sec. 2.- AREA 64
Sec. 3.- YARDS 64
Sec. 4.- HEIGHT 64
Sec. 5.- FLOOR AREA RATIO (ORD. 7662) 64.1
ARTICLE XXI.- GENERAL INDUSTRIAL - 1-2 DISTRICT 65
Sec. 1 . - LIMITATIONS ON USES 65
Sec. 2.- AREA 65
Sec. 3.- YARDS' 65
Sec. 4.- HEIGHT 65
Sec. 5.- FLOOR AREA RATIO (ORD. 7662) 65
ARTICLE XXI-I.- PLANNED AREA DEVELOPMENT (PAD) (ORD. 8057) 65.1
Sec. I.- INTENT 65. I
Sec. 2.- DEFINITION OF PLANNED AREA DEVELOPMENT 65.1
Sec. 3.- PLANNED AREA DEVELOPMENT WHERE PERMITTED 65.I
Sec. 4.- STANDARDS FOR PAD'S 65.2
Sec. 5.- PROCEDURES FOR SECURING APPROVAL. OF A PLANNED
AREA DEVELOPMENT 65.3
Sec. 6. - CHANGES IN DEVELOPMENT PLANS 65.5
Sec. 7 . - CONFLICTS 65.5
ARTICLE XXI-2.- GOVERNMENTAL USE, (GU) (ORD. 8283) 65.6
Sec. I.- INTENT 65.6
Sec. 2.- USES AND STRUCTURES PERMITTED 65.6
Sec. 3.- PROCEDURES FOR DEVELOPMENT OF GOVERNMENTAL USES 65.6
Sec. 4.- AREA 65.6
Sec. 5.- YARDS 65.6
Sec. 6. - HEIGHT 65.6
Sec. 7. - GENERAL 65.6
ARTICLE XXI-3.- CENTRAL ISLAND DISTRICT (SPD-I (ORD. 8330) 65.7
Sec. l.- INTENT 65.7
Sec. 2. USE REGULATIONS 65.7
Sec. 3.- MINIMUM GROSS AREA OF DISTRICT 65.8
Sec. 4.- APPLICATION REQUIREMENTS AND PROCEDURES 65.8
Sec. 5.- FLOOR AREA RATIO AND BONUS PROVISIONS 65.12
Sec. 6.- SPECIAL LIMITATIONS ON LOT OR BUILDING SITE COVERAGE
BY ALL BUILDINGS AT VARIOUS ELEVATIONS 65.14
Sec. 7. OPEN SPACE REQUIREMENTS 65.14
Sec. 8.- SPECIAL YARD AND OPEN SPACE REQUIREMENTS 65.15
Sec. 9.- ELEVATED CIRCULATION ROUTES 65.15
Sec. 10.- SPACING BETWEEN BUILDINGS OR PORTIONS OF BUILDINGS 65.I6
Sec. I I.- VARIATIONS FROM GENERAL REGULATIONS APPLYING IN
SPD-I CENTRAL ISLAND DISTRICT 65.19
Sec. I2.- CONFLICTS WITH OTHER PROVISIONS OF THE ZONING
ORDINANCE 65.19
Sec. 13.- PARKING REQUIREMENTS 65.19
Sec. 14.- SIGN LIMITATIONS 65.19
ARTICLE XXI-4.- COCONUT GROVE OVERLAY DISTRICT (SPD-2) (ORD. 8627) 65.20
Sec. I . - INTENT 65.20
Sec. 2.- EFFECT OF THE SPECIAL OVERLAY DISTRICT 65.20
Sec. 3.- SITE AND DEVELOPMENT PLAN REVIEW 65.20
Sec. 4.- HEIGHT 65.21
v REV. 1-1-78
•
ARTICLE XXII . - PERFORMANCES STANDARDS
Page
66
Sec. I . - GENERAL 66
Sec. 2. - NOISE 66
Sec. 3. - VIBRATION 66
v.I REV. I-I-78
•
Page
Sec. 4.- SMOKE 66
Sec. 5.- DUST AND DIRT 66
Sec. 6.- INDUSTRIAL SEWAGE AND WASTE 66
Sec. 7.- ODORS 67
Sec. 8.- GLARE - LIGHT 67
Sec. 9.- FIRE AND SAFETY HAZARD 67
Sec. 10.- PROHIBITED USES 67
ARTICLE XXIII.- OFF-STREET PARKING AND LOADING 68
Sec. 1.- OFF-STREET PARKING REQUIRED 68
Sec. 2.- LOCATION, CHARACTER AND SIZE 68
Sec. 3.- LANDSCAPING (ORD. 8069) i-7 69(
Sec. 4.- AMOUNT OF STREET PARKING (ORD. 8069) 75
Sec. 5.- COMBINED OFF-STREET PARKING (ORD. 8069) 76
Sec. 6.- PARKING OF COMMERCIAL VEHICLES 77
Sec. 7.- OFF-STREET LOADING 77
Sec. 8.- CONDITIONAL USE OFF-STREET PARKING LOTS (ORD. 8066) 78
Sec. 9.- ILLEGAL OFF-STREET PARKING (ORD. 8069) 78
ARTICLE XXIV.- SIGNS (ORD. 7338) 80
Sec. 1.- GENERAL SIGN PROVISIONS 80
Sec. 2.- SIGNS IN THE R-1, R-1A, R-1B, R-2 and R-PD ,DISTRICTS 83
Sec. 3.- SIGNS IN THE R-3, R-3A, R-4, R-5, R-5A, R-C AND R-CA DISTRICTS 83
Sec. 3-1.- SIGNS IN THE R-CB AND R-C1 DISTRICTS (ORD. 7985) 83
Sec. 4.- SIGNS IN THE C-1, C-1A, C-2, C-3, W-R AND W-1 DISTRICTS 83
Sec. 5.- SIGNS IN THE C-4, C-5, 1-1, AND 1-2 DISTRICTS 84
Sec. 6.- SIGNS IN THE C-2A 'DISTRICT (ORD. 8383) 85
ARTICLE XXV.-
Sec. 1.-
ARTICLE XXVI.-
Sec. 1.-
Sec. 2.-
ARTICLE XXVII.-
Sec. 1.-
Sec. 2.-
BASE BUILDING LINES
BASE BUILDING LINES ESTABLISHED
SPECIAL YARD DISTRICTS
YARDS REQUIRED
DISTRICTS AND REQUIREMENTS
ALCOHOLIC BEVERAGE ESTABLISHMENTS
ESTABLISHMENTS DEALING IN LIQUOR
ESTABLISHMENTS DEALING IN BEER AND WINE
86
86
101
101
101
106
106
107
ARTICLE XXVIII.- NON -CONFORMING BUILDINGS AND USES 109
Sec. 1.- NON -CONFORMING BUILDINGS OR STRUCTURES 109
Sec. 2.- CONFORMING BUILDINGS R STRUCTURES 110
Sec. 3.- NON -CONFORMING USE OF LAND 111
Sec. 4.- EXISTING USES 112
Sec. 5.- ILLEGAL USE 112
Sec. 6.- NON -CONFORMING DUE TO CHANGES 112
Sec. 7.- NON -CONFORMING USE OF WATER AND WATERFRONT LAND
Sec. 5.- NON -CONFORMING AS TO USE AND STANDARDS (ORD. 8489) 112
ARTICLE XXIX.- ADMINISTRATION 113
Sec. 1.- ENFORCEMENT 113
Sec. 2.- PERMITS NOT TO BE ISSUED 113
Sec. 3.- SURVEYS 113
Sec. 4.- CERTIFICATES REQUIRED 113
Sec. 5.- CERTIFICATES FOR DWELLING ACCESSORY BUILDINGS 113
Sec. 6.- RECORD OF NON -CONFORMING USES 114
Sec. 7.- PROCEDURE ON VIOLATIONS 114
Sec. 8.- DUTIES OF ENFORCES 114
ARTICLE XXX.- AMENDMENTS (ORD. 8197) 115
Sec. 1.- INTENT 115
Sec. 2.- INITATION OF PROPOSALS FOR AMENDMENT 115
Sec. 3.- AMENDMENTS TO BE HEARD BY PLANNING ADVISORY BOARD 115
vi REV. 1-1-76
Sec. 4.—
Sec. 5.—
Sec. 6.—
Sec. 7.—
Sec. 8.—
Sec. 9.—
Sec. 10.—
Sec. 11.—
Sec. 12.—
Sec. 13.—
Sec. 14.—
Sec. 15.—
AMENDMENTS TO BE HEARD BY ZONING BOARD
DUTY OF DIRECTOR OF DEPARTMENT OF ADMINISTRATION
FOR PLANNING AND ZONING BOARDS UPON PROPOSAL
FOR AMENDMENT BEING FILED
PUBLIC NOTICE
REFERENCE OF APPLICATION TO PLANNING ADVISORY BOARD
FOR PROPOSALS FOR AMENDMENTS REQUIRED
TO BE HEARD BY THE ZONING BOARD
HEARINGS OF BOARDS AND REPORT TO CITY COMMISSION:
TIME LIMITS
NATURE AND REQUIREMENTS OF ZONING BOARD REPORT
TO CITY COMMISSION
NATURE AND REQUIREMENTS OF PLANNING ADVISORY
BOARD REPORT TO CITY COMMISSION
STATUS OF BOARD REPORTS AND RECOMMENDATIONS
CITY COMMISSION: ACTION ON BOARD REPORTS
FAILURE OF, CITY COMMISSION TO ACT
LIMITATIONS ON THE REZONING OF PROPERTY UNDER
WHERE APPLICATION IS INITIATED UNDER CATEGORY (e),
PARAGRAPH (1), OF SECTION 2
WAIVER OF TIME LIMITS
Page
115
115
116
116
116
117
117
117
117.1
117.1
117.1
117.1
ARTICLE XXXI.- VARIANCES (ORD. 8198) 118
Sec. 1.— INTENT 118
Sec. 2.— GRANTING OF VARIANCE 118
Sec. 3.— CONDITIONS AND SAFEGUARDS 118
Sec. 4.— LIMITATIONS ON POWER TO GRANT VARIANCES 118.1
Sec. 5.— SPECIAL AUTHORITY TO GRANT VARIANCE FOR
PRESERVATION OF NATURAL FEATURES 118.1
Sec. 6.— APPEALS FROM DECISIONS OF ZONING BOARD 118.1
ARTICLE XXXII.-
CONDITIONAL USE (ORD. 8199)
Sec. 1.— CONDITIONAL USE DEFINED
Sec. 2.— GRANT OF CONDITIONAL USE
Sec. 3.— CONDITIONS AND SAFEGUARDS
Sec. 4.— APPEALS FROM DECISIONS OF ZONING BOARD
ARTICLE XXXIII.- INTERPRETATION, PURPOSES, AND CONFLICT
ARTICLE XXXIV.- VALIDITY
ARTICLE XXXV.- SAVING CLAUSE
ARTICLE XXXVI.- REPEAL
ARTICLE XXXVII.- VIOLATIONS AND PENALTIES
ARTICLE XXXIII.- ENACTMENT
vii REV. 1-1-76
118.2
118.2
118.2
118.2
118.2
119
119
119
119
119
119
COMPREHENSIVE ZONING ORDINANCE
CITY OF MIAMI, FLORIDA
An Ordinance to regulate the erection, reconstruction, alteration, location, and use
of buildings, structures, land and water, for trade, industry, residence or other purposes;
to regulate the size of buildings and other structures hereafter erected or altered, the
size and dimensions of yards, courts and other open spaces surrounding buildings; to
regulate building lines and the percentage of lot that may be occupied and the density
of population; and, for said purposes, to divide the City of Miami, as shown on the
official zoning map into districts of such number, shape and area as may be deemed
best suited to carry out these regulations, and for each such district to impose regulations
designating the kinds or classes of trades, industries, residences or other purposes for
which buildings or other structures or premises may be erected, altered, or used; to
provide for the regulation of these uses; repealing Ordinance No. 1682 and all
amendments thereto; repealing all other laws and parts of laws in conflict; and to
prescribe penalties for the violation of the provisions of this Ordinance;
WHEREAS, the City of Miami is authorized by Section 3 (4) (14) of the City
Charter to provide by Ordinance, regulations and restrictions governing the height,
number of stories and size of buildings and other structures, the percentage and portion
of lot that may be occupied, the size of yards, courts, and other open spaces, and the
location and use of buildings, structures, and land for trade, industry, residences,
apartment houses and other purposes; and
WHEREAS, The City Commission of the City of Miami 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 adequateprovisions of transportation, water, sewerage, schools, parks
and other public requirements; to make and promulgate such regulations with reasonable
consideration, among other things, to the character of the district 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 COMMISION OF THE CITY OF
MIAMI, FLORIDA:
1 REV. 1-1-67
ARTICLE I— INTENT, PURPOSES' AND METHODS
The Comprehensive plan of this Ordinance is for the purpose of promoting public
health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare
of the community and of a. wholesome, serviceable and attractive municipality, by having
regulations and restrictions that increase the safety and security of home life; that
preserve and create a more favorable environment in which to rear children; that
develop permanent good citizenship; that stabilize and enhance property and civic
values; that provide for a more uniformly just land -use pattern and tax assessment
basis; that facilitate adequate provisions for increased safety in traffic and for transpor-
tation, vehicular parking, parks, parkways, recreation, schools, public buildings, housing,
light, air, water supply, sewerage, sanitation, and other public requirements; that lessen
congestion, disorder and danger which often inhere in unregulated municipal develop-
ment; that prevent overcrowding of land and undue concentration of population; and
that provide more reasonable and serviceable means and methods of protecting and
safeguarding the economic structureupon which the good of all depends.
In order to more effectively protect and promote the general welfare and to
accomplish the aims and purposes of this comprehensive plan, the City is divided into
districts of such number, shape, and area, and of such common unity of purpose,
adaptability or use, that are deemed most suitable to provide for the best general
civic use, protect the common rights and interests within each district, preserve the
general rights and interests of all, and to promote improved, wholesome, sightly,
harmonious and economic results in civic service, activities and operations; and by
further regulations to prescribe minimum standards for the location, uses and occupancy
of buildings, structures and land to be used for trade, industry, residence or other
purposes, and also the location, height, bulk, occupancy and uses of buildings and
other structures, including the percentage of lot occupancy and coverage, street setback
line, sizes of yards, and other open spaces.
Section 1.— COMPREHENSIVE ZONING ORDINANCE
This ORDINANCE shall be known and cited as the COMPREHENSIVE ZONING ORDI-
NANCE, FOR THE CITY OF MIAMI, FLORIDA.
2
REV. 1-1-67
ARTICLE II- DEFINITIONS
Section I.- GENERAL
For the purpose of this ORDINANCE, the following words and phrases are defined as follows: "CITY"
shall mean the City of Miami; "ZONING BOARD" ar "BOARD" shall mean the Zoning Board of the City
of Miami, Florida; "PLANNING ADVISORY BOARD" or "P.A.B." shall mean the Planning Advisory
Board of the City of Miami, Florida; "PERSON" shall mean natural person, joint venture, joint stock
company, partnership, association, club, company, corporation, business trust, or the manager, lessee,
agent, servant, officer, or ernployee of any of them; "SHALL" and "MAY": "Shall" is mandatory; "May"
is permissive. Words used in the present tense include the future; the singular number includes the
plural and the plural the singular; the words "DESIGNED FOR" include the meaning "USED FOR"; the
word "STRUCTURE" includes the word "BUILDING"; and "BUILDING" the word "STRUCTURE"; the
word."LOT" includes the words "PLOT", "SITE", AND "TRACT"; the words "AREA" and "DISTRICTS"
may indicate and include the meaning of "ZONE". The word "USED" shall include "ARRANGED",
"DESIGNED", "CONSTRUCTED", "ALTERED", "CONVERTED", "RENTED", "LEASED" or "INTENDED
TO BE USED". The word "LAND" shall include water surface and land under water. (ORD. 8225)
Section 2.- TERMS DEFINED
(1) ACCESSORY.
The term applied to a BUILDING or use which is clearly incidental or subordinate to and
customary in connection with the PRINCIPAL BUILDING or USE and which is located on the
same LOT with such PRINCIPAL BUILDING or USE.
(I -A) ADULT. (ORD. 8618)
Any person I8 years of age or older.
(1-8) ADULT BOOK STORE (ORD. 8618)
An establishment having as a substantial or significant portion of its stock in trade, books, maga-
zines,prints, photos, movies, models and periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing, exhibiting or relating to "Specified Anatomical
Areas," or an establishment with a segment or section devoted to the sale or display of such
material.
(1-C) ADULT MASSAGE PARLOR. (ORD. 8618)
A business where portions of one person are treated or encounteredby rubbing, stroking,
kneading and/or tapping, by a second person, displaying "Specified Anatomical Areas." Far the
purpose of this definition, a health studio shall be included herein where cny portion of the floor
space is used for the above stated purpose.
(1-0) ADULT MOTION PICTURE THEATER. (ORD. 8618)
An enclosed building used for presenting on a regular basis film material distinguished or char- .
acterized by emphasis on material depidting, describing or relating to "Specified Sexual
Activities" ar "Specified Anatomical Areas" for observation by patrons therein. Any hotel or
motel which advertises the presentation of matter described herein snail be included in this
definition.
(1-E) ADULT PRIVATE DANCING. (ORD. 8618)
A business which feetures dancers displaying "Specified Anatomical Areas" in private rooms for
not more than three spectators.
(2) AGENCY.
As. affixed to a business shall mean a representative business as a relationship between a
principal and his agent, not engaging in any type of production fcr the principal.
(3) ALLEY
Any thoroughfare or passageway, (not officially designated as a street) designated by a recorded
plat, deed,or legal instrument, to be secondary means of access to the rear or side of properties
otherwise abutting on a street. (ORD. 7500)
3 REV. 1-1-78
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(4) ALTERATIONS, STRUCTURAL.
Is any change, removal, replacement, reinforcement or addition of beams, ceiling and floor joists,
reinforced concrete floor slabs (except those on fill), load -bearing partitions, columns, exterior
walls, stairways, roofs, corridors or other structural materials used in a BUILDING that supports
the said beams, ceiling and floor joists, load -bearing partitions, columns, exterior walls,
stairways, roofs, or structural materials used in the BUILDING or STRUCTURE. The above
defined STRUCTURAL ALTERATION is applicable to any BUILDING or STRUCTURE or any part
thereof, whether or not permanent or temporary shoring is used during construction and whether
or not additions to or rebuilding the major portion of an existing BUILDING is being
accomplished.
(5) APARTMENT BUILDING.
A • building which is used as a RESIDENCE for three or more FAMILIES living in separate
DWELLING UNITS.
(6) APARTMENT HOTEL.
A BUILDING containing both DWELLING UNITS and rental SLEEPING UNITS, under resident
supervision which maintains an inner lobby through which all tenants must pass to gain access to
the units and which may furnish dining room service.
(7) BAR.
Any place devoted to the retailing and drinking of malt, vinous, or other alcoholic beverages, or ,
any place where any sign is exhibited or displayed indicating that alcoholic beverages are '
obtainable for consumption on the premises.
(8) BASE BUILDING LINE.
A line, also known as the zoned street line, established from an officially designated centerline
of a street from which all front and street SETBACKS required by this Ordinance are to be
measured and determined. (ORD. 6907)
(8-A) BASEMENT.
A level of a building below grade. (ORD. 7508)
3.1 REV.I-1-78
0
(9)
BUNGALOW COURT.
Is a group of three or more ONE -FAMILY DWELLINGS having a separate outside
entrance on the ground floor level for each one -family DWELLING; designed to
provide accommodations for transient or over -night guests.
(10) BUILDING.
Any structure having a room supported by columns or walls, for the housing,
shelter or enclosure of persons, animals, chattels or property of any kind.
(11) BUILDING, COMPLETELY ENCLOSED.
A BUILDING separated on all sides from adjacent open space, or from other
BUILDINGS or other structures, by a permanent roof and by exterior wallsor
party walls, pierced only by windows and normal entrance or exit doors.
(12) BUILDING, PRINCIPAL.
The BUILDING situated or to be placed nearest the front property line and the
USE of which conforms to the primary USE permitted by the zone classification
in which it is located.
(13) BULKHEAD LINE.
An established line as shown on the "Official Zoning and Subdivision Atlas."
(13-A) CATERING SERVICE, SOCIAL OR HOME.
A social or home catering service, for the purpose of this ordinance, shall mean
one which provides food and incidental service for a social affair or for a private
dwelling, but which does not employ the use of commercial vehicles that are
equipped or facilitated in any manner for the purpose of transporting food to be
sold directly from such vehicles. (ORD. 7205)
(13-B) CATERING SERVICE, INDUSTRIAL.
An industrial catering service for the purpose of this ordinance, may either solely,
or in addition to normal catering services, employ the use of commercial vehicles
that are equipped and facilitated for the purpose of transporting food to be sold
directly from such vehicles. (ORD. 7205)
(14) CERTIFIED SURVEY.
A survey, sketch, plan, map or other exhibit is said to be certified when a written
statement regarding its accuracy or conformity to specified standards is signed
by a registered surveyor, and shall show property corner stakes; property line
dimensions; interior property Tine angles; existing structures, their dimensions and
relation to property lines; general elevation of property; all existing utilities and
related data; existing right-of-way; easements of record; existing sidewalks; street
zoning of record (BASE BUILDING LINE); property zoning of record; building
setbacks required by law; general block, plan; and other pertinent survey data.
(ORD. 6907)
(15) CLINIC.
An establishment where patients, who are not lodged over -night, are admitted
for examination and treatment by one person or a group of persons practicing
any form of healing or health building services to individuals, whether such
persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists, dentists, or any such profession the practice of which is lawful in,
the State of Florida.
(16) CLUB, PRIVATE.
Shall pertain to and include those associations and organizations of a fraternal or
social character, not operated or maintained for profit, but the term shall not
include casinos, night clubs, or other institutions operated as a business.
(17) COMMERCIAL DISTRICT, CENTRAL.
For the purpose of this Ordinance, is defined as follows: beginning at the inter-
section of Biscayne Bay and the Miami River and following the Miami River in a
westerly direction to the centerline of South Miami Avenue, and thence north
along the said centerline of South Miami Avenue to the centerline of S. W. 4th
Street, thence west along said centerline of said S. W. 4th Street to the west
lot line extended of Lot 16, Block 135N, MIAMI (A. L. KNOWLTON), thence north
coinciding with the said extended westerly lot line of Lot 16 and continuing north
coinciding with the westerly lot lines of Lots 16 thru 18 and Lots 1 thru 3 of
Block 135N, and Lots 8, 9, and 1 of Block 134N to the F.E.C. R.R., thence north-
westerly and thence north along the F. E. C. R. R. to the centerline of N. W. 5th
4 REV. 1-1-67
Street, thence East along the said centerline of N.W. 5th Street to the centerline of North Miami
Avenue, thence north along the centerline of North Miami Avenue to the centerline of N.E. 6th
Street, thence east along the centerline of N.E. 6th Street as projected to Biscayne Bay, and
thence along the westerly shoreline of Biscayne Bay in a southerly direction to the point of
beginning.
(18) COMMERCIAL VEHICLE.
Any vehicle designed, intended or used for transportation of people, goods, or things, other than
private passenger vehicles and trailers for private non-profit transport of goods and/or boats.
(I8-A) CORRIDOR, EXTERIOR.
A passageway located outside the exterior walls of a building and providing access to more than
one dwelling unit or sleeping unit. (ORD. 7508)
(19) COVERAGE. See LOT COVERAGE.
(I 9-A) DAY NURSERY.
An agency or institution providing for non -educational, group day-care of pre -school -age children
for a period of not more than twelve (12) hours, during the daytime. (ORD. 7609)
(20) DISTRICT.
A portion of the territory of the City of Miami which certain uniform regulations and require-
ments or various combinations thereof apply under the provisions of. the COMPREHENSIVE
ZONING ORDINANCE.
(21) DISTRICT, MORE RESTRICTED OR LESS RESTRICTED.
Each of the districts as listed in ARTICLE III, Section I, shall be deemed to be more restricted
than any of the other districts succeeding it, and each shaft be deemed to be less restricted than
any of the other districts preceding it in said list.
(22) DWELLING..
A BUILDING or portion thereof containing one or more DWELLING UNITS.
(23) DWELLING, ONE -FAMILY.
A DWELLING containing one DWELLING UNIT.
(24) . DWELLING, TWO-FAMILY.
A DWELLING containing two DWELLING UNITS.
(25) DWELLING UNIT.
A BUILDING or a portion thereof, designed for and occupied by one family for living and sleepino
purposes with KITCHEN FACILITIES for the exclusive USE of the one family.
(25-A) DWELLING UNIT, EFFICIENCY.
A,BUILDING or a portion thereof, designed for and occupied by one family for living and sleeping
purposes with KITCHEN FACILITIES for the exclusive use of the one family, and for the purpose
of this Ordinance the portion of the unit designed and used for living and sleeping purposes shall
be in one room, and shall not be separated by a partition, provided however, separating
construction for decorative purposes may be provided if such construction closes one -quarter or
less of the area from wall to wall and floor to ceiling. (ORD. 6987)
(26) ENFORCING OFFICIAL.
Shall mean the officers and employees of the City of Miami to whom the duty of enforcing the
terms of the COMPREHENSIVE ZONING ORDINANCE are assigned.
(26-A) ESCORT SERVICE. (ORD. 8695)
Escort Service is a business engaged in providing individuals with companions.
5 REV. I-1-78
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(26-8) FAIRWAY. (ORD. 8480) (ORD. 8695)
The navigable part of a waterway, centrally located with respect to the theoretical axis of the
waterway (or the axis of the improved channel on the Miami River), which provides a throughway
or access aisle for manned vessels.
(27) FAMILY.
An individual or two or more persons related by blood or marriage, or a group of not more than
five persons (including servants) who need not be related by blood or marriage, living together in
a DWELLING UNIT. A FAMILY may also include a group of not more than six children, in
addition to foster parents, residing in a home caring for foster children (including natural
children of foster parents), provided that any such home is approved by the Florida State Welfare
Department. (ORD. 7251)
(28) REPEALED. (ORD. 7856)
(29) FLOOR AREA. (ORD. 7508)
The gross horizontal area measured from the exterior faces of the exterior walls, the exterior
faces of supporting exterior columns for any floor not enclosed by exterior walls, the centerline
of any party wall separating two buildings, or as
5.1 REV. 1-1-78
measured from the exterior face of a projection, the area of which is included in this definition.
The particular FLOOR AREA shall include the following:
(1) Exterior corridor space from which access is gained to dwelling and/or sleeping units.
(2) Floor space in penthouses and attics.
(3) Floor space used for mechanical equipment.
(4) Floor space in accessory buildings.
(5) Elevator shafts and stairwells at each floor.
(6) Floor space in interior balconies or mezzanines.
FLOOR AREA shall NOT include:
(I) Exterior unenclosed private balconies.
(2) Unenclosed ground floor space.
(3) Permitted covered or enclosed parking areas.
(30) FLOOR AREA, MINIMUM.
The minimum allowable floor area for a specified unit shall mean the total gross floor area,
measured from the exterior faces of the exterior walls, or from the centerline of party walls
separating two units, including fully enclosed porches, breezeways, utility rooms, or any other
enclosed portion of a building.
(31) FLOOR AREA RATIO.
The total FLOOR AREA of the building or building on a lot, divided by the area of the lot. The
total FLOOR AREA for this purpose is the gross horizontal area of the several floors of all
buildings on the lot that are included as FLOOR AREA by definition. If a lot is situated in two or
more zoning districts with different maximum floor area ratios, the maximum floor area ratio
applicable to each portion of such lot shall be multiplied by the percentage of the lot to which
each such floor area ratio applies; and the sum of the products obtained shall be the maximum
adjusted floor area ratio applicable to such lot. The resulting floor area permitted may be
located wherever a building is permitted on the lot, provided that the floor area ratio for each
portion of the lot within one district shall not exceed the maximum floor area ratio specified for
that district or the maximum adjusted floor area ratio for the lot, whichever is greater. (ORD.
7508)
(32) GARAGE, COMMUNITY.
A BUILDING or part thereof, used for indoor parking of a self-propelled private passenger
vehicle, for use of residents in the vicinity.
(33) GARAGE, PRIVATE.
An ACCESSORY structure designed or used for inside parking of self-propelled private passenger
vehicles by the occupants of the main building.
(34) GARAGE, REPAIR.
A BUILDING, or part thereof, where automobiles are received and a charge is made for repairs
to any part thereof, but does not include automotive overhauling, wholesale rebuilding or auto-
motive parts, and paint and body works.
(35) GUEST HOUSE.
A BUILDING separate and in addition to a main RESIDENTIAL building on a LOT, intended for
intermittent or transient occupancy; such quarters having no KITCHEN facilities and not rented
or otherwise used as a separate DWELLING UNIT.
(36) HEIGHT OF BUILDING.
The vertical distance from the averaged established grade of the front of the building to the
highest point of a building (including parapets). The deck line shall be considered the highest
point of a mansard roof, and the average height between eaves and ridge shall be considered the
highest point for gable, hip, and gambrel roofs. Where a lot is bounded on two opposite sides by
streets, an averaged grade shall be established for each frontage and each grade shall be
applicable for one-half the depth of the site. Where buildings or portions of buildings on a site
have varied heights, the different heights of those buildings or portions of buildings shall be used
in the calculation of other applicable zoning regulations. Exclusions from height of building
measurements are contained in ARTICLE IV, Section 21., (I). (ORD. 7508)
6 REV. 1-1-78
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(36-A) HEL1STOP. (ORD. 8629)
A minimum facility 'heliport, either at ground level or elevated on a structure without such
auxiliary facilities as waiting room, hangar, parking, fueling, and maintenance, which shall not be
used as a fixed base operation.
(36-8) HELIPORT. (ORD. 8629)
A fixed base operation,with auxiliary facilities, either at ground level or elevated on a structure,
that is used for landing and take -off of helicopters.
(37) HOME OCCUPATION.
Uses specifically listed in ARTICLE V, Section 1, (8), conducted entirely within a DWELLING and
carried on by an occupant thereof, which use is clearly incidental
6.1 REV. 1-1-78
and secondary to the USE of the DWELLING for dwelling purposes and does not change the
character thereof. (ORD. 7404)
(38) HOTEL.
A BUILDING or part thereof, in which rental SLEEPING UNITS are offered to the public and
which maintains an inner lobby through which all occupants must be provided means in which to
pass to gain access; catering to transient occupancy; with no KITCHEN FACILITIES for use by
the occupants.
(38-A) HOUSING FOR THE ELDERLY (ORD 8777)
A dwelling unit (s) specifically designed for the needs of an elderly person or persons, and con-
forming to the requirements of State and/or Federal programs providing housing for the elderly,
and which
a) The minimum age of the head of the household shall be 62;
b) Not more than five percent (5%) of the number of dwelling units may be used by
employees on the premises without regard to age;
c) The termination of elderly housing permitted herein, shall cause the project to be
modified so as to meet the applicable zoning requirements for the new use and the
zoning district in which the project is located.
(39) KITCHEN FACILITIES.
A portion of a BUILDING used for the preparation of meals, and for the purpose of this
Ordinance shall include a kitchen sink.
(40) LAND USE PLAN (GENERALIZED).
The plan for the City of Miami, as officially adopted, indicating the functional relationship of
areas of the community, intended for use as a guide in the development of Miami as a City of
"Highest Quality."
(41) LIMITED ACCESS HIGHWAY.
A trafficway in respect to which owners or occupants of abutting property or lands and other
persons have no legal right of access to or from the same, except at such points only and in such
a manner as may be determined by the Florida State Road Department.
(42) LOT.
A parcel of land considered as a unit occupied or to be occupied by a main BUILDING or group of
main BUILDINGS and ACCESSORY buildings, or by a principal USE and USES ACCESSORY
thereto, together with such YARDS, open spaces, LOT WIDTH and LOT AREA as are required by
this Ordinance.
(43) LOT AREA.
The total horizontal area within the LOT LINES of a LOT.
(44) LOT AREA, PERCENTAGE OF.
LOT COVERAGE divided by the LOT AREA.
(45) LOT, CORNER.
A LOT abutting on two or more streets at their intersection.
(46) LOT COVERAGE.
The percentage of the total area of the lot that, when viewed directly from above, would be
covered by all principal and accessory buildings and structures, or portions thereof, that are
included in the calculation of FLOOR AREA of a building.
Where more than one structure occupies a lot, or where portions of a structure are erected to
various heights, the allowable percent of coverage permitted for the individual structures or
portions of structures at various heights shall be multiplied by the respective percentage of the
total building coverage represented by each building or portion of building, and the sum of the
resulting percentages shall constitute the adjusted maximum lot coverage permitted on the site.
(ORD. 7508)
7 REV. 1-79
(47) LOT DEPTH.
The horizontal distance between the FRONT and REAR LOT LINES measured in the mean direc-
tion of the SIDE LOT LINES.
(48) LOT, INTERIOR.
A LOT, the side Tine of which does not abut on any street.
(49) LOT LINE, FRONT.
A line separating the narrowest street frontage of the lot from the zoned street width, except in
those cases where deed restrictions specify another line as the FRONT LOT LINE.
(50) LOT LINE, REAR.
A lot line which is opposite and most distant from the FRONT LOT LINE.
(51) LOT LINE, SIDE.
Any lot boundary line not a FRONT LOT LINE or a REAR LOT LINE.
(52) LOT WIDTH, AVERAGE.
The horizontal distance between the SIDE LOT LINES measured at right angles to the LOT
DEPTH at a point midway between the FRONT and REAR LOT LINES.
(52-A) MARINA, COMMERCIAL. (ORD. 8480)
Any dock, wharf, piles, pier, slip, or manmade or natural feature, to which five or more non -
owned vessels are tied, docked, moored or otherwise fastened. This definition does not intend to
apply to the temporary dockage of commercial vessels at fisheries, import-export firms, marine
fueling and supply firms and other similar waterfront commercial or industrial establishments,
which, by their nature, provide temporary dockage.
(52-B) MATERIAL OBSTRUCTION TO VISIBILITY. (ORD. 8518)
Openings where plant and/or building materials cover more than 30% of the total area.
7.1 REV. I-1-79
(53) MOTEL.
A building or a series of buildings, being attached, semi-detached, or detached, containing
RENTAL SLEEPING UNITS, and where each unit has convenient access to a parking space for the
use of the unit's occupants. The RENTAL SLEEPING UNITS, with the exception of a dwelling
unit for the manager or caretaker, are devoted to the use of automobile transients and no
KITCHEN FACILITIES are offered.
(54) NON -CONFORMING BUILDING OR STRUCTURE.
A BUILDING or STRUCTURE or portion thereof existing at the effective date of this Ordinance,
or any amendment thereto, which was designed, erected, or structurally altered in such a manner
that characteristics of the BUILDING or STRUCTURE, other than USE regulations, do not meet
the provisions of this COMPREHENSIVE ZONING ORDINANCE.
(55) NON -CONFORMING USE.
The USE of a BUILDING, STRUCTURE, land, or portion thereof which USE does not conform
with the USE regulations of the District in which it is located.
(56) PARKING LOT.
An off-street open area, the principal USE of which is for the parking of automobiles by the
public, whether for compensation or not, or as accommodation to clients or customers, or other-
wise provided in the COMPREHENSIVE ZONING ORDINANCE.
(56-A) PATIO APARTMENTS.
One (I) or more dwellings erected on a single site, with no dwelling containing more than four (4)
dwelling units, with all dwellings being either detached or having common or connecting roof
structures, but in no instance having common or party walls, and with all dwelling units having
direct access to a required courtyard or balcony. (ORD. 7230)
(57) PREMISES.
Any LOT with or without a BUILDING or BUILDINGS or STRUCTURES thereon.
(57-A) PRIVATE ROADS. (ORD. 8662)
A right-of-way dedicated, by record plat, to and for the use of the abutting property owners in a
subdivision.
(58) RESIDENTIAL.
The term RESIDENTIAL or RESIDENCE is applied herein to any LOT, BUILDING, or portion
thereof used exclusively for a dwelling unit and/or rental sleeping unit occupancy, including
concomitant uses specified herein.
(58-A) RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES.
A residential facility for more than five persons with developmental disabilities, such as mental
retardation or cerebral palsy.
(59) RESTAURANT.
A BUILDING or room, not operated as a dining room in connection with a HOTEL, where food is
prepared and served for pay and for consumption on the PREMISES.
(60) ROOMING HOUSE.
A DWELLING containing one DWELLING UNIT and not more than ten rental SLEEPING UNITS or
suites of rooms, where lodging is provided with or without meals, for compensation.
(6 I) SALON, See BAR.
(62) SERVANT'S QUARTERS.
An ACCESSORY BUILDING located on the same PREMISES with the main BUILDING, used
solely for persons employed on the PREMISES; such quarters having no KITCHEN FACILITIES
and not rented or otherwise used as a separate DWELLING UNIT.
(63) REPEALED. (ORD. 7856)
8 REV. I-1-79
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(64) SETBACK.
The minimum distance between the zoned street line (BASE BUILDING LINE), rear or side lot
lines, and the front line, rear line, or side line of the building or any projection thereof, excluding
projections specifically permitted.
(65) SIGN.
An identification, description, illustration, or device which is affixed to directly or indirectly
upon a building, structure or !and, and which directs attention to a product, place, activity,
person, institution, or business and which is visible from any public street, waterway, alley or
public place. National flogs and flags of
8.t REV. I-i-78
political subdivisions shall not be construed as signs. (ORD. 7338.)
(66) SIGN AREA.
The SIGN AREA shall be the area encompassed within any regular geometric figure
which would enclose all parts of the sign. The structural supports for a sign, whether
they be columns, a pylon, or a building or a part thereof, shall not be included
in the sign area. Only one side of a double-faced sign shall be included in the
computation of a sign area. The area of a cylindrical sign shall be computed by
multiplying the diameter by the height of the sign and adding 50 percent (50%)
to the result. (ORD. 7338).
(67) Repealed. (ORD. 7338).
(68) SIGN, BANNER.
A sign made of cloth, fabric, paper or similar -type material. National flags, flags
of political subdivisions and symbolic flags of an institution or business (house flag)
shall not be considered banners for the purpose of this Ordinance. (ORD. 7338).
(69) Repealed. (ORD. 7338).
(70) SIGN, 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 a building,
shall be considered as a detached sign. (ORD. 7338).
(71) SIGN, FLAT.
Any sign painted on the outside of a building, or attached to, and erected parallel
to the face of a building, and supported throughout its length by such building and
not extending more than eighteen (18) inches from the building wall. (ORD. 7338).
(72) SIGN, GENERAL ADVERTISING.
Any sign, other than an owner -identification sign, which directs attention to a
business, commodity or service. (ORD. 7338).
(73) Repealed. (ORD. 7338).
(74) SIGN, ILLUMINATED.
Any sign designed to emit artificial light or designed to reflect Tight from one (1)
or more sources of artificial light installed for the purpose of providing light for
the sign. (ORD. 7338).
(75) SIGN, MARQUEE.
Any sign attached to, or supported by, a marquee structure. For the purpose of this
Ordinance, a marquee sign shall be considered as a projecting sign. (ORD. 7338).
(76) Repealed. (ORD. 7338).
(77) SIGN, OWNER -IDENTIFICATION.
A sign which pertains only to the use of a premises and which, depending upon
the district in which it is located, contains any or all of the following information:
1. The name of the owner, occupant, and/or management of the use;
2. The address of the use;
3. The kind of business and/or the brand name of the principal commodity sold
on the premises;
4: 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. (ORD. 7338).
(78) SIGN, PENNANT AND STREAMER.
Any sign made of cloth, fabric, paper or similar -type material in the form of ribbons
or strings of flags used as a decorative display. (ORD. 7338).
(79) SIGN, PROJECTING.
A sign which is attached to, and which projects from the face of a wall of a
building. The term PROJECTING SIGN includes a marquee sign. A PROJECTING
SIGN which extends more than thirty-six (36) inches above a roof line or parapet
wall shall be designated as a ROOF SIGN. (ORD. 7338).
(80) SIGN, REAL ESTATE TEMPORARY.
Shall mean a SIGN on which the matter displayed is used solely for the purpose of
offering real estate for sale, rental, lease, inspection, or the announcing of features
or contemplated improvements on the real estate on which such SIGN is placed.
9 REV. 1-1-67
(81) SIGN, ROOF.
A sign which is fastened to and supported by or on the roof of a building or which extends above
the roof of a building.. (ORD. 7338)
(82) SIGN, SNIPE.
Shall mean any SIGN of any material, including paper, ,cardboard, wood, or metal, when such
SIGN is tacked, nailed or attached in any way to a pole, tree, or any object located or situated in
a public street or on public property, or located on private property, when such SIGN does not
apply to the PREMISES whereupon it is located.
(83) REPEALED. (ORD. 7338)
(84) SLEEPING UNIT, RENTAL.
A BUIIDING or portion thereof designed for sleeping purposes, said BUILDING or portion thereof
shall be primarily for the use of transients and shall not include KITCHEN FACILITIES.
(84-A) SPECIFIED ANATOMICAL AREAS. (ORD. 8618)
(I) Less than completely andopaquely covered: ' (a) human genitals, pubic region, (b) buttock,
and (c) female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(84-8) SPECIFIED SEXUAL ACTIVITIES. (ORD. 8618)
(I) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(85) STORY.
That portion of a BUILDING includedbetween the surface of any floor and the surface of the
floor next above, or if there be no floor above it, then the space between such floor and the
ceiling next above it.
(86) STORY, HALF.
A story with at least two of its opposite sides situated in a sloping roof, the FLOOR AREA of
which does not exceed two-thirds of the floor area immediately below it.
(87) STREET, MAPPED.
Officially adopted future streets, as shown on the COMPREHENSIVE ZONING ATLAS.
(88) STRUCTURE.
Anything constructed or erected,. the USE of which requires fixed location on the ground or
attachment to something having fixed location on the ground.
(88-A) SUBSTANCE ABUSE (ORD. 8385)
Excessive or illegal use of drugs, narcotics, and other hallucinatory substances (not including
alcohol) which have created personal dependency on such substances.
(88-B) SUBSTANCE ABUSE FACILITIES - RESIDENTIAL (ORD. 8385)
A residential treatment center providing a 24-hour therapeutic program for the treatment of
substance abusers.
(88-C) SUBSTANCE ABUSE FACILITIES - NON-RESIDENTIAL (ORD. 8385)
(1) Methadone Maintenance Facilities - A facility which dispenses methadone as part of the
rehabilitation process. In addition, it may provide ancillary rehabilitation services,
including counselling to groups and individuals, vocational training and placement, and
other appropriate approaches aimed at affecting positive life styles to the opiate addict.
(2) Hotline Facilities - A facility providing telephone communication. to .substance abuse -
victims and the public in the form of information about drugs, treatment facilities,.
emergency needs, and personal problems.
10 REV. I-1-78
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(3) Educational Facilities - A facility providing drug -specific information to youth, to the
general public and to families of drug dependent persons in order that a better
understanding of the drug culture and problems involved may be gained.
(4) Outpatient Facilities - A facility providing counselling, therapy, and referral service to
drug -dependent persons, periodically.
(5) Day -Care Center - A facility providing counselling therapy and referral service to drug
dependent persons on a daily basis.
(6) Rap Houses - A youth oriented facility acting as a reception center for drug -involved young
people. It relies on the supportive service of peer involvement through "rap" sessions. It
provides referral to other social services and medical agencies. The facility may be a
storefront, house, or building located within the social setting of the population served.
(89) SUPPER CLUBS.
A building or portion thereof where food is prepared and served for pay and for consumption on
the premises with accessory provisions for entertainment on a year round basis. (ORD. 8200).
I0.1. REV. I-1-78
(90) TRANSITIONAL USE.
A USE automatically permitted as an exception on a lot in an "R" (Residential)
District, which SIDE LOT LINE abuts a C-1, C-IA, C-2, C-3, C-4, C-5, W-R, W-1,.
1-1, 1-2 District, as described and limited in ARTICLE IV, Section 26.
(91) TOURIST HOME.
A DWELLING containing one DWELLING UNIT for the use of the manager and a number
of RENTAL SLEEPING 'UNITS or suites or rooms, where lodging is provided with or
without meals.
(91-A) TOWNHOUSE.
For the purpose of this Ordinance, a TOWNHOUSE shall mean a one -family dwelling
in series with a group of three (3) or more such dwellings, each located on a
separate lot, and separated from each other by an adjoining fire wall, or walls,
as defined by the South Florida Building Code, without openings through such
walls, and with no more than six (6) inches of air space between such walls, said
air space to be effectively sealed. (ORD. 7557)
(92) USE.
The purpose for which land or a BUILDING is arranged, designed or intended or for
which either land or a BUILDING is or may be occupied or maintained.
(93) USE PERMIT.
For the purpose of this ORDINANCE, the term USE PERMIT shall be synonymous with
the term "zoning change" and shall mean a deviation from the USE regulations as
specified in a zone DISTRICT. A USE PERMIT (zoning change) shall be subject to
the provisions of ARTICLE XXX, requiring a zoning amendment "BY ORDINANCE."
(93-A) USABLE OPEN SPACE. (ORD. 8554)
Usable open space shall mean outdoor area, excluding parking and other service
areas, which is utilized for outdoor living, recreation or landscaping, and
which is open and unobstructed from its lowest level to the sky except for roof
overhangs not in excess of three (3) feet. All open space shall be accessible
to, and usable by, all residents residing on the lot. Usable open space may
include areas at the ground level and/or on roofs, decks and balconies, provided
that such areas meet other criteria set forth in this definition. The minimum
dimension for usable open space at the ground level shall be ten (10) feet and
the minimum areas shall be one hundred (100) square feet. The minimum dimen-
sions for usable open space located on roofs or decks shall be twenty (20) feet
and the minimum area shall be four hundred (400) square feet. Except for the
C-3 District, at least one-half (1/2) of the required usable open space shall be
on the ground with no structure below the usable open space and not more than
twenty (20) percent of the required open space shall be on the roof, balcony,
or deck area that is above twenty-five (25) feet in height.
(94) VARIANCE.
A modification of, or deviation from, any regulation, except a USE regulation,
for a specified zone DISTRICT of the COMPREHENSIVE ZONING ORDINANCE, which is
authorized as specified in ARTICLE XXXI. (ORD. 8225)
(94-A) VESSEL. (ORD. 8480)
•
Any watercraft structure, whether power -driven or not, mobile or stationary,
surface, sub -surface or hydrofoil, including, but not limited to, ships, boats,
barges, houseboats and seaplanes.
(94-B) VESSEL, COMMERCIAL. (ORD. 8480)
Any vessel that is built, altered or used for the principal purpose of engaging
in water -related commercial activity, whether mobile or stationary, including,
but not limited to, charter boats, fishing boats, freighters and barges.
(94-C) VESSEL, NON -OWNED. (ORD. 8480)
A vessel not owned by the owner or occupant of the property to which it is
docked or moored.
(94-D) VESSEL, PERMANENT LIVE -ABOARD. (ORD. 8480)
Any non-commercial vessel, docked or moored within City waterways or water
areas, which is used as a residence or dwelling unit for more than ten (10)
days within any sixty (60) day period.
11 REV. 1-26-77
(95) VILLAS.
A group of three or more one-story DWELLING UNITS containing not more than two one -family
DWELLING UNITS per BUILDING, located on one or more adjoining LOTS and having separate
outside entrances on the ground floor floor level for each ONE -FAMILY DWELLING, designed to
provide accommodations for transient or overnight guests.
(95-A) WAREHOUSE, MINI
A building or group of building iri a controlled -access and fenced or walled compound that
contains varying sizes of individual, compartmentalized, and controlled -access stalls or lockers
for the dead storage of cutomer's goods or wares. (ORD. 8884)
(96) YARD.
A space on the same lot with a STRUCTURE or USE, open and unobstructed from the ground to
the sky, EXCEPT by encroachments specifically permitted by the provisions of this
ORDINANCE.
(97) ZONING ORDINANCE.
For the purpose of this ORDINANCE shall mean the City of Miami COMPREHENSIVE ZONING
ORDINANCE.
I1.1 REV. I-1-79
ARTICLE I I I -
Section 1.-
ZONING DISTRICTS
CLASSES AND SYMBOLS
For the purposes of this Ordinance in regulating use of land, water and buildings, and height, bulk,
population density and open space, the City of Miami is hereby divided into the following districts:
SYMBOL RESIDENTIAL DISTRICTS
R-I One -Family Dwelling
R-IA One Family Dwelling
R-IB One Family Dwelling
R-2 Two -Family Dwelling
R-3 Low Density Multiple Dwelling
R-3A Low Density Apartment (ORD. 7404)
R-4 Medium Density Multiple Dwelling
R-PD Low Density Planned Development (ORD. 7150)
R-5 High Density Multiple Dwelling
R-5A High Density Multiple Dwelling (ORD. 7150)
R-C Residential -Office
R-CA Residnetial-Office (ORD. 7150)
R-CB Residential -Office (OR. 8016)
R-C-I Residential -Office -Commercial (ORD. 8016)
R-CC Residential -Office (ORD. 8592)
COMMERCIAL DISTRICTS
C-I Local Commercial
C-IA Planned Shopping Center District
C-2 Community Commercial
C-2A Special Community Commercial (ORD. 8382)
C-3 Central Commercial
C-4 General Commercial
C-4A Boulevard Commercial (ORD. 8608)
C-5 Liberal Commercial
WATERFRONT
W-R Waterfront -Recreational
P-R Public Park and Recreation (ORD. 7404)
W- I Waterfront -Industrial
INDUSTRIAL
I -I Light Industrial
1-2 General Industrial
PAD Planned Area Development (ORD. 8057)
GU Governmental Use Distric (ORD. 8283)
SPD-I Central Island District (ORD. 8330)
SPD-2 Coconut Grove -Special Overlay District (ORD. 8627)
Section 2.- ZONING DISTRICT MAPS
The areas assigned to these Districts, the designations of same, and the boundaries of said
Districts shown upon the maps hereto attached and made a part of this Ordinance, are hereby
established, said maps being designated as the "ZONING DISTRICT MAPS" and said maps and the
proper notations, references and other information shown threon, shall be as much a part of this
Ordinance as if the matters and information set forth by said map were all fully described herein.
Said maps are identified by the signatures of the Mayor and Clerk of the City of Miami, together
with the number of this Ordinance and its effective date.
*Each district shall be subject to regulations stipulated in this Ordinance.
12 REV. 1-1-80
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Section 3.— ANNEXED AREAS
All areas hereafter annexed to the City of Miami are hereby declared to be zoned R-1
until otherwise zoned or classified as to Zoning District.
Section 4.— WATER AREAS
(1) All land situated in Biscayne Bay OUTSIDE of the officially established bulkhead
line, consisting of submerged land, partly submerged land, and existing or future
spoil islands are hereby zoned R-1, unless otherwise designated on the zoning
district maps. All lands situated in Biscayne Bay INSIDE of the officially estab-
lished harbor line consisting of submerged land, partly submerged land, are
hereby determined to be zoned to the most highly restrictive district classification
contiguous to said land.
(2) The water surface and the land under the water surface, of all canals, rivers,
waterways, ponds, lakes and other water areas in the City of Miami not situated in
Biscayne Bay are hereby placed in the same Zoning District as the land which it
abuts as shown on the Zoning 'District Maps. Where the zoning Districts shown on
the Zoning District Maps are different on opposite sides of the water area, then
the kind of zoning district on each side shall extend to the center line or midpoint
of the water area.
(3) For convenience of mapping and clarity, the zoning of water areas is not shown
on the Zoning District Maps, but is determined by the provisions of this Section.
Section 5.— DISTRICTING OF VACATED WAYS AND RAILROAD RIGHT-OF-WAY
(1) Where a street or alley shown on a Zoning District Map is hereafter officially
vacated by replatting or otherwise, the land formerly in such street or alley right-
of-way shall be includedwithin the zoning District of adjoining property on either
side of said vacated street or alley. In the event such street or alley was a district
boundary between two or more different zoning Districts, the new District
boundary shall be the former center line of such vacated street or alley.
(2) Railroad right-of-way in the City of Miami is hereby placed in the same zoning
District as the land which it abuts as shown on the zoning district maps. Where
the zoning districts shown on the zoning district maps are different on opposite
sides of the railroad right-of-way, the kind of zoning district on each side shall
extend to the center or midpoint of said right-of-way.
Section 6.— BOUNDARIES OF DISTRICTS
(1) Unless otherwise shown, the District boundaries are street lines, alley lines, or the
subdividing or boundary lines of recorded plats, or the extensions thereof, and
where the Districts designated on maps accompanying and made a part of this
Ordinance are approximately bounded by street lines, alley lines or the sub-
dividing or boundary lines of recorded plats, such lines or the extensions thereof
shall be considered to be District boundaries.
(2) Where, due to the scale or illegibility of the District Map or due to the absence
of a street, alley, or recorded subdividing or plat lines, there is any uncertainty,
contradiction or conflict as to intended location of any District boundary, the
Board shall recommend to the City Commission the intent of said District Maps so
as to determine and designate the proper location for such 'District boundary in
accordance with the spirit and purpose of the Zoning Ordinance.
3 REV. 1-1-75
ARTICLE IV.— GENERAL PROVISIONS
Section 1.—
Section 2.—
Section 3.—
CONFLICTING REGULATIONS
Wherever any provisions of this Ordinance impose more stringent requirements, regula-
tions, restrictions or limitations than are imposed or required by the provisions of any
other law or Ordinance, then the provisions of this Ordinance shall govern.
SCOPE
No building or structure, or part thereof, shall hereafter be erected, constructed, recon-
structed or altered, and maintained, and no existing use, new use or change of use of
any building, structure or land, or part thereof shall be made or continued, except
in conformity with the provisions of this Ordinance.
BUILDING UNDER CONSTRUCTION
Any building or structure for which a lawful building permit has been issued, and the
construction of which has been started prior to the effective date of this Ordinance,
may be completed and used in accordance with the plans and specifications upon which
said building permit was granted, provided such construction is completed within one
(1) year after the effective date of this Ordinance.
Section 4.— OUTSTANDING PERMITS
Where, at the effective date of this Ordinance, there are outstanding valid building
permits, authorizing the construction of buildings, structures, additions or alterations,
the use or construction of which do not conform to the requirements of this Ordinance,
such permits shall be void unless actual construction work, excluding grading or
excavating, is substantially underway on that date.
Where, at the effective date of this Ordinance, there are outstanding valid permits,
authorizing the use of land or buildings without construction work, and where such use
is not permissible under the terms of this Ordinance, such permit shall be void unless
the use is actually in operation on that date.
Section 5.— TIME LIMIT
Where the City Commission has given or granted an approval, special permit or a
variance pursuant to the provisions of the City Charter or this Ordinance, such approval
or grant, and any permit pursuant thereto, shall become null and void unless construc-
tion or use thereon is underway within six (6) months of the effective date of such
action. (Extension may be granted by the City Manager pursuant to the provisions of
ARTICLE XXXI, Section 3 (2). (ORD. 8225)
Section 6.— ERRORS AND VIOLATIONS
(1) The issuance or granting of a permit or approval of plans and/or specifications
shall not be deemed or construed to be a permit for, or an approval of, any
violation of any of the provisions of this Ordinance. No permit presuming to
give the authority to violate or cancel the provisions of this Ordinance shall be
valid except insofar as the work or use which it authorizes is lawful.
(2) The issuance of a permit upon plans and specifications shall not prevent the
Enforcing Officer from thereafter requiring the correction of errors in said plans
and specifications or from preventing building operations being carried on
thereunder when in violation of this Ordinance, or any Ordinance of the City
of Miami.
Section 7.— EXISTING PLATTED LOTS
(1) Where such conditions exist in present platted and recorded areas that strict
conformance with lot width, depth, area, or yard requirements causes unnecessary
difficulty in the practical utilization of a lot, the Board may recommended such
alterations ordeviations in the application of these requirements, as will in its
judgments, permit the reasonable development and use of a specific lot in such a
manner as to carry out the spirit and purpose of this Ordinance.
4 REV. 2-1-74
r
Section 8.-
Section 9.-
MOBILE HOMES (HOUSE TRAILERS) CAMP AND TRAVEL TRAILERS lOR VEHICLES, BOATS AND
BOAT TRAILERS -
(I)
'Mobile Homes (House Trailers) Camp and Travel Trailers or Vehicles, shall not be used for
sleeping quarters within the limits of this municipality except within the confines of trailer
courts or tourist. courts existing before the effective date of the Comprehensive Zoning
Ordinance No. 6871.
(2) Mobile. Homes (House Trailers) shall not be parked on public or private property within the limits
of this municipality except within the confines of an enclosed building, or except upon a space or
lot which has been duly licensed,zoned and approved for the operation of a business and the.sale
or storage of new or used trailers or the building or repairing thereof.
(3) Camp and Travel Trailers or Vehicles, Boats and Boat Trailers, shall not be parked or stored in
the required front or side -street yard areas.
(4) The area of storage for such equipment shall be maintained in a clean, neat and presentable
manner, and the equipment shall be in a usable condition at all times and carry a current license,
and inspection sticker if required.
(5) Temporary use and location of a mobile home or trailer for office use may be authorized as a
"Conditional Use" in any commercial or industrial district subject to the following conditions:
(ORD. 8074)
1. Approval may be granted for a period not to exceed one (I) year from the date the
certificate of occupancy is issued for the trailer.
2. The establishment of the trailer shall comply with all applicable City and County codes
governing the use of trailers or mobile homes.
3. The use, limitations on uses, yards, and off-street requirements shall be complied with in
accord with the district in which the temporary trailer use..
4.. Compliance with other visual or physical conditions deemed necessary after review of the
application cnd the surrounding area by the Building Department,' Public Works Depart-
ment, Planning Department, and Zoning Board. (ORD. 8225)
PERMITS ON UNPLATTED LANDS
The issuance of permits on UNPLATTED LANDS shall be provided for as follows:
(I) It shall be unlawful for any person, firm or corporation to erect, have constructed, or cause to be
erected or constructed, any building upon any unplatted land within the City of Miami, and no
building permit shall be issued for the erection or construction of any building on any unplatted
land, except as hereinafter provided.
(2) The owner of unplatted land may erect or cause to be erected a single family house and
accessory buildings thereto on such unplatted land, and a building permit may be issued therefor:
(3) No building permit shall be issued by the Director of the Building Department, City of Miami,
until a final plat has been approved and has been duly recorded in the Dade County Circuit Court
Clerk's Office. (ORD. 8694)
Section 10.- PLATTING OF UNPLATTED LAND
(I) Whenever any land, a plat of which is not recorded in the Dade County Circuit Court Clerk's
office, shall be platted into lots, blocks, parcels, tracts or other portions, however designated, a
plat shall be recorded.and any lots, parcels, tracts, or other portions however designated, shall
conform to the minimum lot area and lot width as established for such district.
(2) All Districts of the City with the exception of the R-IA and R-I8 Districts, shall provide a
minimum lot width for new Tots of not less than sixty (60) feet average with a minimum of thirty
(30) feet street frontage, and the lot area shall be not less than six thousand (6,000) square feet.
(3) R-IA Districts, the lot width shall be not less than seventy-five (75) feet average •
15 REV. I-1-78
with a minimum of forty (40) feet street frontage, and the lot area shall be not Tess than seven
thousand five hundred (7,500) square feet.
(4) R-IB Districts, the lot width shall be not less than one hundred (100) feet average with a
minimum of fifty (50) feet street frontage, and the lot area shall be not Tess than ten thousand
(10,000) square feet.
(5) Land may be platted into lots having an average area of not Tess than two thousand (2,000) square
feet and an average width of not less than twenty (20) feet, respectively, if platted in
conjunction with an approved TOWNHOUSE DEVELOPMENT as provided for in accordance with
the terms and conditions of this Ordinance, provided, however, that no lot shall be less than
eighteen hundred (1,800) square feet in area or Tess than eighteen (18) feet in width. (ORD. 8694)
15.1 REV. 1-1-78
Section II.- REPLATTED LOTS
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The following regulations shall govern the replotting of platted land:
(1) In all Districts of the city, with ,the exception of the R-IA and R-IB Districts, no lot, tract, or
parcel shall be divided , into two or more lots, tracts, parcels, or other portions, however
designated, unless and until an amended plat has been recorded, and in any such subdivision no lot
shall be created less than sixty (60) feet in average width, with a minimum of thirty (30) feet
street frontage, and six thousand (6,000) square feet in area, and no lot, tract, or parcel, shall be
left as a remnant or otherwise with an average width less than sixty (60) feet or an area Tess than
six thousand (6,000) square feet.
(2) Adjoining platted lots having a common lot line shall be permitted to adjust their common lot
line without replotting, providing that the newly created sites meet either the minimum require-
ments of the Ordinance as to lot width and lot area as established for the District in which they
are located, or in the instances where lots were platted prior to September 25, 1946, and have
fess lot frontage or average width than required for lots platted subsequent to this date, shall not
resultin any lothaving more than a ten (10) percent reduction in either its lot area, frontage or
average width. In no instances, however, shall a lot be created which has less than thirty (30)
feet of street frontage. (ORD. 7337)
(3) The regulations of this Section shall not be construed in such a way as to prevent the refacing or
corner lots, provided no reduction in lot area or width occurs to any newly established lot, and
further provided that no additional expense is incurred by the City of Miomi for providing
municipal. services.
(4) The foregoing provisions of this Section shall be applicable to R-IA and R-IB Districts provided
the minimum lot area and lot width requirements are adhered to as established for such districts.
(5) No building permit shall be issued by the Director of the Building. Deportment, City of Miami,
until a final plat has been approved and has been duty recorded in the Dade County Circuit Court
Clerk's Office. (ORD. 8694)
(6) Land may be replotted into lots having an average area of not Tess than two thousand (2,000)
square feet and an average width of not less than twenty (20) feet, respectively, if platted in
conjunction with an approved TOWNHOUSE DEVELOPMENT as provided for in accordance with
the terms and conditions of this Ordinance, provided, however, that no lot shall be less than
eighteen hundred (1,800) square feet in area or less than eighteen (18) feet in width. (ORD. 8694)
16. REV. I-1-78
Section I I -I.- PRIVATE ROADS (ORD. 8662)
The following requirements shall govern the development of Private Roads:
(I) A minimum Right -of -Way of twenty-five (25) feet shall be dedicated to the abutting property
owners by Plat.
(2) A minimum pavement width of eighteen (18) feet.
(3) A minimum pavement width of twenty-two (22) feet required at fire hydrant locations, for a
distance of twenty (20) feet on each side of the hydrant.
(4) A minimum radius of forty-five (45) feet on cul-de-sacs.
(4-A) On Private Roads, one hundred (100) feet or less in length from the Public right-of-way to the
end of the street, a "T" Type turning area may be substitutted for the required cul-de-sac.
(ORD. 8940)
(5) The right-of-way may be divided to protect natural features. The minimum right-of-way for
each section of road shall be fiftenn (15) feet, with a ten (10) foot pavement width.
(6) Curved rights -of -way shall have a minimum inside pavement radius of thirty (30) feet.
(7) A twenty-five (25) foot radius shall be provided at the intersection of private roads and publicly
dedicated rights -of -way.
(8) A minimum vertical clearance of sixteen (16) feet shall be provided for the entire right-of-way.
(9) Drainage shall be provided according to accepted engineering standards.
(10) All construction shall meet the City of Miami minimum standards.
(I I) A restriction will be required on the record plat to the effect that the Private Road will be
maintained by the developer and/or abutting property owners in perpetuity.
Section 12.- STREET FRONTAGE REQUIRED
Except as may be permitted by other provisions of this Ordinance, no lot shall contain any building
used in whole or in part for dwelling purposes unless such lot abuts for at least thirty (30) feet on a
street.
Section 13.- DOUBLE FRONTAGE
Where a lot is bounded on two opposite sides by streets, front yards shall be provided of both streets
and accessory buildings shall not be located in either front yard.
Section 14.- USE OF PREMISES WITHOUT BUILDING
Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard
required for such lot shall be provided and maintained unless otherwise stipulated in this Ordinance,
except that side yards shall not be required on lots used for private garden purposes without buildings
or structures nor on lots used for public recreation areas.
Section 15.- GROUP HOUSING (ORD. 7395)
In instances where more than one Residential building occurs on a site, all such buildings shall be
erected and maintained in conformity with a development plan which shall clearly indicate and epict
the following relative to the location and arrangement of such buildings as well as their attendant
facilities on the site:
(I) The size, height, spacing, extent of use, access and circulation for vehicles and pedestrians,
relationship to easement and/or to streets, parking areas, yards, and open spaces, landscape
treatment, and the general relationship of the development to adjacent property.
(2) Dimensions and other pertinent information relative to the arrangement of buildings, structures
and facilities on the site as may be required by the Board and/or Commission when review of the
site plan by the Board and/or Commission is required by other provisions of the Comprehensive
Zoning Ordinance.
•(3) Proper reference or notation to any recordable agreements that may be deemed necessary with
respect to the supplying of municipal facilities or services and/or maintenance when review of
site plans by the Zoning Board and/or City Commission is required by other provisions of the
Comprehensive Zoning Ordinance. (ORD. 8225)
In all districts unless otherwise indicated, the minimum horizontal distance(s) between any two
buildings (referred to as building A and building B) shall vary according to the length and height of such
buildings. Such minimum distances, except as may be provided for, elsewhere in this section, shall be
the distance required under the following formula:
16.1 REV. I-1-80
LA plus LB plus 2 (HA plus HB)
S where:
6
S = required minimum horizontal distance
between any wall, or the imaginary extension thereof, of Building A, at any given
level, and any wall, or the extension thereof, of Building B, at any given level.
LA = effective length of Building A
The effective length of Building A is the length of that portion of its wall, or walls,
from which perpendicular lines drawn in a horizontal plane will intersect any wall
of Building B. Where Building A has a curved or irregular surface, such surface
shall be enclosed within an imaginary rectangle having its side nearest to Building
B parallel with Building B, and all measurements shall be made from said imagi-
nary rectangle.
LB = effective length of Building B
The effective length of Building B is the length of that portion of its wall, or walls,
from which perpendicular lines drawn in a horizontal plane will intersect any wall
of Building A. Where Building B has a curved or irregular surface, such surface
shall be enclosed within an imaginary rectangle having its side nearest to Building
A parallel with Building A, and all measurements shall be made to said imaginary
rectangle.
HA = height of Building A
The height of Building A is the height above natural grade of any portion of any
wall at any given level along the effective length of Building A.
HB = height of Building B
The height of Building B is the height above natural grade of any portion of any
wall at any given level along the effective length of Building B.
For the purposes of this section, natural grade shall be the mean level of the ground
immediately adjoining the portion of the wall, or walls, along the effective length of the
building on the side facing the other building.
In all districts where buildings are erected less than thirty (30) feet in height, the minimum
separating distance shall be ten (10) feet or the distance prescribed by the above
formula, whichever is greater.
In all distances where building(s) are erected in excess of thirty (30) feet in height, and
"LA plus LB" is equal to zero, the formula set forth shall not apply, and the minimum
separating distance shall be thirty-six (36) feet. However, the minimum required distance
between two buildings on a single zoning lot, as derived from the formula set forth in
this Section, shall be reduced by 121/2% in the event that:
(a) One of the said two buildings has a height of two stories or Tess, and the other
has a height of six stories or more, and
(b) The difference in height between the said two buildings is sixty (60) feet or more..
17 REV. 1-1-67
A
LA & LB
e
1
S
f
1
diimliMIMI
LA & LB:. --
HA
s
B
ILLUSTRATION OF FORMULA
8
s
s
1
ILLUSTRATIONS OF SECTION
ILLUSTRATION OF SECTION SIDE VIEW
18 REV. 1-1-67
•
Section.16.- YARD ENCROACHMENTS
Every part of every required yard shall be open and unobstructed from the ground to the
sky except as hereinafter provided or as otherwise permitted in the Zoning Ordinance:
(1) Sills or belt courses may project not over twelve inches (12") into a required yard.
(2) Cornices, eaves or gutters may project not over three (3) feet into a required yard,
provided that where the yard is less than six (6) feet in width, such projection
shall not exceed one-half the width of the yard.
(3) .Chimneys, fireplaces, or pilasters may project not over two (2) feet into a re-
quired yard.
(4) Movable awnings may be placed over doors or windows in any required yard, but such
awnings shall not project closer than two (2) feet to any lot line or be vertically
supported.
(5) Private balconies may project not over five (5) feet into a required rear yard, or
not over three (3) feet into a required side yard of a multiple -family dwelling,
hotel or motel. For a one -family or two-family residence, unenclosed stairways
and balconies may project not over five (5) feet. into a required rear yard, or not
over two (2) feet six (6) inches into a required side yard. (ORD. 7508)
(6) Meter rooms may project not over five (5) feet into a required rear yard. Meter
rooms shall not be located within any required front or side yards.
(7) Unenclosed porches or terraces not over three (3) feet six (6), inches (3'6") above
the ground except for railings and roof structure, may extend five (5) feet into a
required front yard, ten (10) feet into a required rear yard, and three (3) feet
into a required side yard, provided that any such structure having a roof shall not
extend into any required yard area to a greater distance than one-half (1/2) the
required yard area. The roof structure shall not be structurally supported verti-
cally.
(8) A canopy may extend into a front yard, from the entrance door to the street line of
any main building, in multiple -family residential, commercial, and industrial
districts. Where a sidewalk and curb exist, the canopy may extend to within
twenty-four (24) inches of the curb line. Such canopies shall not exceed fifteen
(15) feet in width or 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 valance of at least six and one-half (6-1/2) feet. (ORD. 7508)
Section 17.- _FENCES; WALLS, AND HEDGES (ORD. 8518)
Fences, walls, and hedges may be erected, maintained or grown along a lot line on resi-
dentially zoned property or adjacent thereto within required yard areas, to heights
not exceeding the following:
(1) Rear and interior side yards Walls and fences to a maximum of eight (8) feet
in height.
(2). Front and Street side yards - Walls and fences to a maximum of eight (8) feet in
height; however, no portion of a fence, wall or hedge that is located within
fifteen (15) feet of a driveway may exceed two and one-half (2-1/2) feet in
height, except those not creating material obstructions to visibility, unless set
back at least five (5) feet from the base building line of the street with which
the driveway connects.
(3) Wherever non-residential land use activities are developed adjacent to residential
uses, a fence or wall shall be provided adjacent to such properties. Such wall
or fence shall be at least six (6) feet in height and not more than eight (8) feet
in height. (ORD. 8541)
(4) The use of broken glass, spikes, rusty nails or other similar materials shall be
prohibited in all zoning districts. Materials such as barbed wire fencing located
along the top of a fence or wall may be permitted (by the Building Department),
in accord with appropriate installation standards, when its placement is essential
to the safety, welfare, and security of the property and/or its inhabitants.
(ORD. 8541)
19 REV. 1-26-77
Section 19.— ACCESSORY USES AND STRUCTURES
The following regulations shall apply:
(1) In all Districts, accessory structures shall not be located in a required front or street
side yard area, unless specifically provided for elsewhere by the provisions of this
Ordinance. (ORD. 7386).
(2) In residential Districts, all accessory structures (except those structures specifically
excepted and regulated elsewhere by this Ordinance) located in a rear and/or
side yard shall be located at least five (5) feet from any side or rear lot line and
at least fifteen (15) feet from any base building line, and if not attached to a main
building, shall be separated by at least ten (10) feet from said main building, or
separated by a distance prescribed by Section 15 of this ARTICLE. Accessory
structures shall not exceed two (2) stories or twenty-four (24) feet in height.
(ORD. 7386).
In non-residential Districts, all uses and structures (except uses and structures subject
to other regulations of this Ordinance), which are not permissable as principal
uses or structures, shall be located on the half of an interior lot which is farthest
from any street upon which the lot abuts, or shall be erected on the quarter of a
corner lot which is farthest from the streets upon which the lot abuts. (ORD. 7386).
(4) Accessory buildings permitted in rear and/or side yards shall not occupy a com-
bined total area of more than thirty-five (35) percent of said required yards, unless
otherwise provided for by the provisions of this Ordinance. (ORD. 7508).
Unenclosed swimming pools may be erected to within five (5) feet of any rear or
interior lot line and to within fifteen (15) feet of any base building line, provided,
however, that such pools may be located within portions of a front or street -side
yard area, when erected so as to be not less than five (5) feet from either a front
or side base building line, subject to such pools being confined within an area
enclosed by a decorative block or wood wall that is six (6) feet in height. When
such pools require a wall encompassing more than fifty (50) per cent of such yard
areas, the wall shall be subject to the provisions of Section 17 of this ARTICLE,
relative to "CONDITIONAL USE APPROVAL." Screen -enclosed swimming pools
shall conform to the side -yard regulations of the District in which they are located,
and shall be located not less than than adistance of ten (10) per cent of the width
of the lot in width from the rear lot line, provided, however, that no such rear
yard shall be Tess than five (5) feet in depth nor shall a rear yard be required to
be greater than ten (10) feet in depth. (ORD. 7473).
(6) Fallout shelters when erected to a height greater than four (4) feet but not
exceeding twenty-four (24) feet, shall conform to the provisions of Section 19, (1),
(2), (3), and (4) of this Article, as well as other regulations of the Comprehensive
Zoning Ordinance, provided however, Fallout Shelters when erected so as not to
exceed a height of four (4) feet may be located in a required rear and/or side
yard, may be either attached to the main building, or detached, without regard to
spacing requirements, from the main building, and shall be located at least five (5)
feet from any lot line, provided further, that said shelter, when erected to said
height not exceeding four (4) feet, shall not be considered in the computing of total
combined lot coverage in multi -family districts, but shall be subject to the provisions
of Section 19, (1), (3), and (4) of this article. (ORD. 6952).
Section 18.— VISION CLEARANCE —RESIDENTIAL —NON-RESIDENTIAL DISTRICTS:
(1) RESIDENTIAL DISTRICTS:
(a) Unobstructed vision for traffic safety at all street intersections shall be main-
tained between three (3) feet and eight (8) feet above the street grade level
on all corner lots within an area formed by a line connecting two points,
twenty-five (25) feet from the intersection of the front and side base building
lines. (ORD. 7309).
(2) NON-RESIDENTIAL DISTRICTS:
(a) Unobstructed vision for traffic safety at all street intersections shall be main-
tained between three (3) feet and eight (8) feet above the street grade level
on all, corner lots within an area formed by a line connecting two points, ten
(10) feet from the intersection of the front and side base building lines. (ORD.
7309).
(3)
(5)
20 REV. 1-1-67
Section 20.—
•
(7) Accessory, off-street parking structures, when erected in conjunction with a principal
building, or buildings, may exceed permissible lot coverage and may project into
yard areas, subject to the following limitations: (ORD. 7508)
(a) The Structure shall not occupy more than twenty (20) percent of the lot area
remaining after substracting the lot coverage of the principle and accessory
structures from the total lot area, and in no instance shall the combined
total lot coverage for all principal and accessory structures, inclusive of an
off-street parking structure, exceed thirty-five (35) percent of the total lot
area. (ORD. 7508)
(b) No portion of the structure shall extend into a required yard more than
one-half (1/2) of the required yard area, and in no instance shall the struc-
ture extend nearer than twenty (20) feet to any front lot line, rear lot line,
or street -side lot line or nearer than fifteen (15) percent of the lot width to
any interior side lot line. (ORD. 7508)
(c) The height of the facility shall not exceed twelve (12) feet above grade, as
measured to the top of the deck or to the top of the enclosing wall on the
top of the deck. (ORD. 7508)
(d) The top of the deck may be used for parking provided that such parking
is screened from view by a masonry or decorative wall at least three (3)
feet in height. (ORD. 7508)
COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS,
APARTMENT -HOTELS, OFFICE BUILDINGS
AND APARTMENTS (ORD. 8132)
(1) In the R-4, R-5, R-C, and C-1 Districts, a newsstand, apothecary, sundry shop
(inclusive of the sale of food items and household staples), restaurant, bar,
laundry and drycleaning agency, beauty shop, barber shop, dentist's office,
physician's office, and any other similar convenience establishment may be
operated in conjunction with a motel, hotel, or apartment -hotel containing at
least fifty (50) rental sleeping units.
(2) In the R-4, R-5, R-5A and R-C Districts, a newstand, apothecary, sundry shop
(inclusive of the sale of food items and household staples), restaurant (con-
ditional use approval required), laundry and drycleaning agency, beauty shop,
barber shop, dentist's office, physician's office, and any other similar conven-
ience establishment may be operated in conjunction with an apartment building
containing at least 100 dwelling units, or conjunction with an office building
containing at least 20,000 square feet of gross floor area.
The operation of all convenience -commercial establishments shall be subject to the
following limitation: (ORD. 8442-6)
(a) All access to any such use, except for necessary service entrances and fire
exits shall be from a lobby, or other interior portion of the building.
(b) No sign identification pertaining to any such Jse shall be affixed to the ex-
terior of a building, or otherwise displayed upon the premises so as to be
visible from any public street.
(4) The operation of restaurants shall be subject to the following limitations: (ORD.
8442-B)
(a) Size: One (1 seat for each one and one-half (11/2) dwelling units up to a
maximum of three hundred seats including the waiting lounge areas. The
gross area of the facility shall be limited to twenty (20) square feet for each
dwelling unit. The lounge area shall not exceed twenty (20) percent of the
total number of seats permitted. In office developments restaurants shall be
limited to one (1) square foot for each 20 square feet of gross floor area.
(b) Parking: Off -Street Parking shall be immediately adjacent and reserved for
the restaurant.
(c) Entry and Existing: Curbs cut for access to the restaurant area shall not be
closer than one hundred (100) feet from the intersection of any streets. Access
to the restaurant and restaurant parking area shall be from an arterial street
or by way of a service road connecting to an arterial street. Access to the
parking area shall be designed so as to provide sufficient stacking area for
incoming patrons.
(3)
21 REV. 1-1-76
(d) Loading: Restaurant facilities shall provide an adequate loading area which shall be
screened and buffered from visibility from the surrounding residential development, and the
entry ways of both the principal use and restaurant facility.
(e) Landscaping and Amenities: The location, orientation, design and landscaping shall be
provided so as to separate the restaurantactivities and the activities of the principal use
and the other ancillary uses of the principal use.
(5) Combination limited office and residential use in the R-5 zoning district. (ORD. 8696)
(a) Office use shall be limited to the first four (4) floors of a structure and shall not exceed
twenty-five (25) percent of the total floor area of the building(s), provided that where a.
building(s) is less than four (4) stories in height, a maximum of fifty percent (50%) of the
total floor area may be utilized for office usage.
(b) When a combination of residential and office use occurs on the same floor, each use shall
have its separate means of access in order to provide security for the residential use.
(c) No exterior signs indicating that office use is contained in the residential structure are
permitted, except for an office directory flat sign, not to exceed ten (10) square feet
mounted on the building.
(d) No office development shall be -approved unless it is determined that:
1. the office development will not impair traffic circulation in the residential area in
which it is located based upon an anticipated office activity and existing conditions of
,surrounding streets and thoroughfares.
2. off-street parking for the office use shall be appropriately designated and for the
purposes of this provision, the required parking for the office development may be
accommodated through available excess parking on the site, and/or the utilization of
parking spaces provided for the residential development.
3. the office use shall not exceed an intensity of one (1) person per two hundred (250)
square feet of gross office floor area.
4. the office development is found to be compatible with the surrounding residential
area.
Section 21.- EXCLUSIONS FROM HEIGHT LIMITS AND YARD REQUIREMENTS
The following regulations shall apply:
(I) HEIGHT LIMITS: (ORD. 7508)
(a) Scenery lofts, towers, cupolas, steeples, domes, flag poles, airplane beacons, chimneys,
stacks, tanks, and roof structures, used only for ornamental or mechanical purposes, not
exceeding ten percent (10%) of the roof area, shall be excluded from the height of the
building in determining setbacks and lot coverage.
(b) Broadcasting towers and other antenna support structures shall not exceed a height greater
than one hundred and fifty (150) feet above grade in the R—C, C-1, C—I A, C-2, C-5, W—I,
I —I and 1-2 Districts, and three hundred and seventy-five (375) feet in the C-3 District.
(ORD. 7581)
(c) Parapet walls may extend not more than five (5) feet above the allowable height of a
building.
(2) YARD REQUIREMENTS: In the "C-3" (Central Commercial) District, hotels and motels shall be
excluded from the yard requirements for residential buildings. Hotels and motels shall comply
with those yard requirements as set forth by other laws or Ordinances.
21.1 REV. I-1-78
Section 22.— BOAT HOUSES AND BOAT SLIPS
J
Section 23.—
•
•
The following regulations shall apply to Boat Houses and Boat Slips in Residential
Districts:
(1) HEIGHT OF BOAT HOUSES: No boat house shall be erected or altered to a height
exceeding fifteen (15) feet.
(2) SETBACK OF BOAT HOUSES: No boat house shall be built beyond the established
bulkhead or waterway line or less than ten (10) feet from any side lot line.
(3) DETACHED ACCESSORY BUILDING TO BOAT HOUSE: No detached building
accessory to a boat house shall be erected or altered less than twenty feet (20')
away from the waterway line or established bulkhead line.
(4) AREA OF BOAT HOUSES;
(a) No boat house shall exceed twenty (20) feet in width nor exceed forty (40)
feet in depth.
(b) Boat houses, boat slips, and/or building accessory thereto, singly or collec-
tively, shall not occupy more than thirty-five percent (35%) of the combined
area of the rear and/or side yards.
DOCKS, WHARVES AND DOCKAGE (ORD. 8503)
The following regulations shall apply:
(1) Dockage space and facilities for mooring pleasure boats, yachts and non-commer-
cial watercraft shall be permitted in any Residential District on any waterway as
an accessory use to a residential occupancy of a lot.
(2) In R-1, R-1A, R-1B, R-2, R-PD, R-3, R-3A, R-4, R-5, R-5A, R-C, R-CB and R-CA dis-
tricts, and on any property adjoining any of the aforementioned districts, no docks
or piers, including mooring piles, catwalks and other appurtenances, shall be con-
structed closer to property lines, or property line extended, than a distance equal
to five percent of the width of the lot, but in no case closer than ten feet. (ORD.
7357)
In all districts, projections of docks or piers, including mooring piles, catwalks and
other appurtenances, into waterways beyond the established Dade County bulk-
head line, or waterway line (bank line) if no bulkhead line exists, shall be limited
as follows: (ORD. 7357)
(a) Inland waterways: ten (10) feet, provided, however, that in no case shall a
dock or pier project more than ten (10) percent of the width of the waterway.
(ORD. 7357)
(b) Biscayne Bay: twenty-five (25) feet, provided, however, that the Zoning
Board may grant, as a ."Conditional Use", the further extension of a dock
or pier into Biscayne Bay in districts other than R-1, R-1A, R-1B, R-2, R-3,
R-3A, R-PD, and R-CA subject to the following restrictions: (ORD. 7357).
(ORD. 8225).
1. All requests for extensions greater than twenty-five (25) feet shall include
a site plan showing the lot lines and use(s) of the property, the location,
dimensions and structural details of proposed docks and piers, the number
and arrangement of berths, existing docks or piers, and the lot lines of
adjoining properties. The applicant shall submit the site plan to the Zoning
Board for review and recommendation. (ORD, 7357). (ORD. 8225).1
2. In approving the site plans, the Board shall consider among other factors,
the size, location, design, and extent of use of dock or pier facilities in
relation to the other uses and conditions on the site and in relation to the
Bay, the effects on the use and enjoyment of adjoining and nearby
properties, the effects on navigation and boat traffic, and appearance.
(ORD. 7357). (ORD. 8225).
3. In any residential district, and on any property adjoining a residential
district, there shall be required, in addition to the initial setback of five (5)
percent of the width of the lot or ten (10) feet minimum, an additional
one (1) foot of setback for each two and one-half (21) feet of dock or pier
extension beyond twenty-five (25) feet. (ORD. 7357)
No pier, mooring pile or other permanent structure shall extend into Biscayne
Bay further than 600 feet from the bulkhead line (from the mean high tide line,
if no bulkhead line has been established) or to within 125 feet of any existing
intra-coastal navigation channel, whichever is less. (ORD. 8503)
(3)
22 REV. 1-1-76
•
(4) The waterfront site owner shall be responsible for the docking and mooring
of vessels and other uses that occur on, over or below the water area fronting
his site, insofar as reasonable and within his control. Such responsibility shall
extend to the fairway line in the Miami River to a minimum of 25 feet beyond
the bulkhead line into Biscayne Bay or to the total length of any pierscextending
more than 25 feet into the Bay; or up to a point midway along any other
waterway in the City, provided that there be no conflict with public interests.
The zoning district regulations as provided in this ordinance shall apply to such
water area, and the water area shall be considered a territorial extension of the
adjacent site. Only those uses that are allowed within the zoning district on the
adjacent site shall be permitted on, over, or below the water area of the terri-
tory fronting the adjacent waterfront site. (ORD. 8503)
(5) (a) Vessels shall not dock, moor or anchor in the City in such a way as to reduce
the fairway, centrally located with respect to the theoretical axis (or the axis
of the improved channel on the Miami River) to a width Tess than the follow-
ing: (ORD. 8503)
WATERWAY
Miami River
Seybold Canal
South Fork Miami River
North Fork Miami River
Little River
Tamiami Canal
FROM - TO
Biscayne Bay to City Limits
Miami River to N.W. 11 Street
Miami River to N.W. 22 Avenue
Miami River to N.W. 27 Avenue
Biscayne Bay to City Limits
Within City Limits (,West of 42 Ave.)
REQUIRED FAIRWAY WIDTH
85 feet
25 feet
25 feet
25 feet
25 feet
25 feet
On other waterways or extensions of the above mentioned waterways, the
required fairway width shall be at least 20 feet, if the waterway is navigable
and provides a throughway or access aisle for manned vessels.
Along sections of waterways or canals less than 85 feet in width, rafting or
double file dockage or moorage of boats shall be prohibited.
In all residential districts and on any lot adjoining a. residential district, no
vessel shall be allowed to dock or moor closer than 5 feet to the side property
lines or the side property lines extended.
In all commercial and industrial districts, the dockage or moorage of vessels
shall not extend over side property lines or side property lines extended.
The docking or mooring of vessels shall be such as to not cause hardships to
adjacent property owners in terms of access or riparian use.
(7) The dockage or moorage of from one (1) to four (4) vessels sixteen (16) feet
and over in length alongside or in front of vacant sites shall require compliance
with the following on -site parking, open space, sanitary and safety standards:
(ORD. 8503)
(a) On -Site Parking
One (1) space for each vessel, located and landscaped as per the provisions
of Article XXIII (OFF-STREET PARKING AND LOADING) of this ordinance.
(b) Open Space
A minimum average twenty (20) foot wide, landscaped waterfront yard area,
as required by Section 40 of this Article, allowing no exceptions for R-1,
R-1A, R-1B, or R-2 vacant lots; in addition, one hundred (100) square feet of
landscaped, unrestricted, usable, open space for each vessel adjacent to the
required waterfront yard area. The entire vacant lot shall be grassed or
covered with other appropriate landscaping materials and maintained.
(c) Sanitary
One (1) twenty-five (25) gallon trash receptacle (or the equivalent) for every
liveaboard vessel; one (1) twenty-five (25) gallon trash receptacle for every
two (2) non-liveaboard vessels; and the provision for regular garbage pick-up.
(d) Safety
Standpipes, hydrants and any other fire prevention and fire control equip-
ment as required in Chapters 17-195 through 17-199 of the City Code, in
Chapter 3805.5 through 3807.2b of the South Florida Building Code and in
Volume 10, Pamphlet 302 (Fire Protection Standards for Motor Craft) Pamph-
let 303 (Fire Protection Standards for Marinas and Boat Yards) and other
related pamphlets of the National Fire Protection Association, as adopted
per City Code, Chapter 17-384, 17-385 and 17-390.
22.1 REV. 1-1-76
(8) The dockage or moorage of five (5) or more vessels sixteen (16) feet and over
in length shall require compliance with the following on -site parking, open space,
sanitary and safety standards, which for vacant sites shall be in addition to the
requirements of subsection (7) of this Section. (ORD. 8503)
(a) On -Site Parking
One (1) space for each vessel over four (4) and up to ten (10).
.75 spaces for every additional vessel over ten (10) and up to twenty (20).
.5 spaces for every additional vessel over twenty (20)
On -site parking areas shall be located and landscaped as required by Article
XXIII (OFF-STREET PARKING AND LOADING) of this Ordinance.
(b) Open Space
Thirty (30) square feet of landscaped, ground level, unrestricted, usable open
space for each vessel over four (4).
(c) Sanitary
One (1) twenty-five (25) gallon trash receptacle or the equivalent for every
liveaboard vessel; two (2) twenty-five (25) gallon trash receptacles for the
first five (5) non live -aboard vessels and for every additional five (5) vessels.
One (1) water faucet within ten (10) feet of the waterfront for the fifth (5th)
vessel, and one (1) faucet for every additional ten (10) vessels.
(d) Safety
A ten (10) foot wide, unobstructed aisle with a ten (10) foot vertical clearance
shall be maintained for access by fire, sanitation and rescue equipment to
the waterfront and to the foot of each primary pier.
For all existing wet dockage facilities, minor improvements and repairs may be
to piers, pilings, and other waterfront structures that are non -conforming as to
use, or as to standards as allowed in Article XXVIII, provided that the total
number of wet boat slips does not increase and that no additions are made to
any structures that would increase the intensity of use of the facility. (ORD. 8503)
(10) In conjunction with the dockage or moorage of vessels, water -related activities
and structures are permitted in respective districts as follows: (ORD. 8503)
(a) All residential districts.
1. A set of davits of up to three (3) ton capacity.
2. Minor maintenance of vessels with tools requiring no more than one (1)
horsepower motors.
-3. Private boat ramps.
(b) C-1, C-2, C-3 and W-R Districts.
1. A set of davits and boat lifts of up to three (3) ton capacity (on sites
having dwelling units).
2. Launching facilities (on sites having no dwelling units).
3. Minor maintenance of vessels with tools requiring no more than one (1)
horsepower motors (on sites having dwelling units).
(11) In conjunction with the dockage or moorage of vessels, water related activities
and structures are prohibited in respective districts as follows:
(a) All residential districts.
1. Commercial vessels.
2. Commercial uses, except rental dockage, as permitted in the district.
3. Commercial boat ramps or commercial hauling.
4. Sale of marine fuel or supplies, except as permitted in the district.
5. Any vessel which is used as a dwelling unit and which is docked or
moored in a canal on which all adjacent properties to said canal are
zoned R-1, R-1A, R-1B, R-2, R-3 or R-4.
(b) C-1, C-2, C-3 and W-R Districts.
1. Haul -out facilities for major work or overhaul work.
2. Unscreened storage of boating supplies or accessories in the waterfront
yard.
(c) W-I, 1-1, 1-2, C-4 and C-5 Districts.
1. Permanent live -aboard vessels except as required for work or security
purposes.
(9)
22.2 REV. 1-1-76
•
(12) To receive and renew accessory use and certificate of use permits as required
by this Article for the dockage or moorage of vessels, the waterfront property
owner shall maintain in sound physical condition and repair all piers, pilings,
wharfs, docks, seawalls, bulkhead walls, ramps, davits or other permanent
structures alongside or within the water area fronting the site and shall maintain
a stable waterfront, where seawalls or bulkhead walls do not exist. (ORD. 8503)
(13) Except in an emergency, it shall be unlawful for any person to dock or tie up
to any City -owned waterfront site, or to moor any vessel over City -owned
bottom lands — unless such person has received the approval of the City for
such dockage or moorage. (ORD. 8503)
(14) Except for lands leased by the City of Miami or as otherwise permitted in this
ordinance, no vessel shall be allowed to moor or anchor for more than three
days in Biscayne Bay within City limits unless the following provisions are met:
(ORD. 8503)
1. Permanent live -aboard vessels shall require written permission from a main-
land property owner for access to and from the mainland.
2. All vessels presently moored or anchored in Biscayne Bay shall be required
to comply with the above provisions within 90 days after the effective date
of this provision.
Section 24.— GROINS AND BREAKWATERS
No groin, breakwater, piling or other similar obstruction shall be constructed, altered
or placed in the waters of Biscayne Bay or other waterway beyond the established
bulkhead line unless approved by the Board and the United States Army Engineers.
22.3 REV. 1-1-76
Section 25.—
STANDARDS FOR GASOLINE STATIONS (ORD. 7883)
The following standards shall apply to all gasoline stations:
(1) The minimum site area shall be 15,000 square feet. The minimum depth shall be
one hundred (100) feet. The minimum street frontage for one street shall be one
hundred and fifty (150) feet.
(2) A solid or louvered masonry wall at least six (6) feet in height shall be provided
when the gasoline station site is adjacent to an "R" (Residential) District. In the
C-2 and C-4 zoning districts, gasoline stations shall provide a minimum of ten
(10) square feet of landscaping for each one hundred square feet of site area.
The ,placement of such landscaping shall be in accord with the applicable land-
scaping requirements.
(3) No merchandise or equipment shall be displayed or stored outside of the princi-
pal enclosed structure except for items such as oil can storage racks at pump
locations, permitted rental equipment, and vending equipment when a vending
area designed as part of the main structure to enclose the vending machine is
provided.
(4) All incidental service, minor repair, and major work as set forth herein shall be
within the confines of the principal structure.
(5) "Conditional Use" approval requires the submittal of plans including a site plan
which indicates the arrangement of buildings and structures on the site; circula-
tion and access inclusive of the width of driveways and the location of curb cuts;
type, placement, and quantity of landscaping; the location, type and height of
walls and lighting fixtures; the architectural design of the station including eleva-
tions, copy and designs of signs.
(6) All permitted rental units such as trailers and trucks shall not be stored closer to
the street than the principal building. A solid or louvered masonry wall at least
six feet in height shall be provided around the interior lines of the designated
storage area. Only permitted rental vehicles and those vehicles waiting service
shall be permitted to be stored on the premises.
Section 26.— TRANSITIONAL USES IN "R" DISTRICTS
In any "R" (Residential) District, a transitional use shall be permitted -on a lot the side
lot line of which adjoins, either directly or across an alley, any commercial or industrial
district. The permitted transitional uses for any such lot in an R-1, R-1A, or R-1B District
shall be any use permitted in an R-2 District or an R-CA District. The permitted transi-
tional use for any such lot in an R-2 or R-3A District shall be any use permitted in an
R-3 or R-CA District. The permitted transitional uses for any such lot in an R-3, R-4 or
R-5 District shall be any use permitted in an R-C District. Any lot used for a transitional
use shall comply with the height regulations in the District in which it is located and in
all respects with the requirements for lot size, yards, lot coverage, floor area ratio, off-
street parking, minimum floor area, usable open space and other regulations for the
District in which it is first listed as a permitted use, provided, however, that, subject to
compliance with all other requirements, a use first listed as a permitted use in the R-CA
District may occupy a lot having less width or less area than required if such lot was a
lot of record prior to September 25, 1946, the date of the City Commission Ordinance
No. 3179. No transitional use shall extend more than one -hundred (100) feet into any
"R" (Residential) District. (ORD. 7508)
Section 27.—
COMBINATION RESIDENTIAL AND
NON-RESIDENTIAL BUILDINGS
(ORD. 7508)
The following regulations shall apply to any building containing both a residential and
a non-residential use:
(1) Where the gross floor area occupied by the residential use exceeds twenty-five
(25) percent of the total floor area in the building, such building shall be classified
as a residential use and shall comply with the applicable residential district
regulations.
(2) Where the gross floor area occupied by the residential use is twenty-five (25)
percent or less, of the total floor area of the building, the building shall be
classified as a non-residential use and shall comply with the non-residential regu-
lations of the District in which it is located; provided, however, that a rear yard of
at least twenty (20) feet in depth shall be provided for the entire building and,
23 REV. 1-1-71
•
in addition thereto, side yards shall be provided for that portion of the building
occupied by the residential use inaccordance with the requirements for residential
uses.
23.1 REV. 1-1-71
Section 28.—
Section 29.—
Section 30.—
(3) The provisions of paragraphs (1) and (2) of this Section shall not apply to apart-
ments, hotels and motels in the C-3 Districts.
COMMERCIAL VEHICLE PARKING
Commercial vehicles, other than those accessory to a permitted use, shall not be
parked or stored on any property located in an R-1, R-1A, R-1B, R-2, R-3, R-4, R-5,
R-C, C-1, C-2 District.
USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS
No land which is residentially zoned shall be used for driveway, walkway or access
purposes to any land which is non -residentially -zoned and used for any purpose not
permitted in a Residential District, unless otherwise specified under the provisions of
this Ordinance.
ELEVATION OF FILLED LAND
The following regulations shall apply:
(1) Any filled land created contiguous to the mainland or to any developed island
in the City of Miami shall be filled so, that the settled elevation of such filled
land shall be not less than 5.5 feet north of the Rickenbacker Causeway and
not less than 6.0 feet south of the Rickenbacker Causeway.
(2) Any new or future island within the City of Miami shall be filled so that the
settled elevation shall be not less than 6.0 feet.
(3) All elevations required in this Section shall be measured above Mean Low
Water, City of Miami Datum.
Section 31.— MINIMUM LOT SIZE ON ISLANDS
Notwithstanding any provision of the ZONING ORDINANCE to the contrary, all lots
on any new or future island in Biscayne Bay in the City of Miami shall have a mini-
mum average width of one -hundred -fifty (150) feet and a minimum area of thirty -
thousand (30,000) square feet.
Section 32.-- PUBLIC UTILITIES
Structures or Uses required for such public utilities (privately owned and operated)
as gas, electric, and telephone, can be located within any District, where not specif-
ically prescibed and listed, upon recommendation of the Planning Advisory Board and
approval of the City Commission. (ORD. 8225)
Section 33.— PARKING IN ORANGE BOWL AREA
Notwithstanding anything in this ORDINANCE to the contrary, parking shall be per-
mitted within that area of land situated within the City of Miami adjacent to the
Orange Bowl Stadium, subject, however, to the conditions that said parking shall be
permitted only in connection with, and upon days or nights upon which regularly
scheduled events are held within said Stadium area; said parking to be conducted
in such a manner that any car may be driven from the lot at any time without
requiring the moving of any other car, said areas being described as follows:
(1) On the North, by 200 feet of the north zoned street line of N.W. 7th Street;
(2) On the South, by West Flagler Street from 22nd Avenue to l7th Avenue; thence
eastward on S.W. Flagler Terrace to 12th Avenue; thence eastward on West
Flagler Street to 10th Avenue;
(3) On the East, by N.W. 10th Avenue from Flagler Street to 200 feet north of the
north zoned street line of N.W. 7th Street;
(4) On the West, by West Flagler Street and 22nd Avenue to 200 feet north of
the north zoned street line of 7th Street.
Section 34.— CREMATORIES
The operation of crematories shall not be permitted within the limits of the City of
Miami, Florida, except in established and recognized cemeteries, and at least two
hundred (200) feet from all other outer boundaries of said cemeteries, subject to all
other regulations of the City of Miami, Florida.
24 REV. 2-1-74
Section 35.- MUNICIPAL USES
The provisions of this ORDINANCE are not intended, and shall not be construed, to pre-
clude the use of any property owned by the City of Miami in any municipal government
capacity, function or purpose, provided, however, that said use is established upon recom-
mendation of the Board and approval of the City Commission.
Section 36.- PUBLIC AND SEMI-PUBLIC BUILDINGS OR USES
The City Commission of the City of Miami may, upon recommendation of the Planning
Advisory Board of Miami, after Public Hearing, authorize the location of any of the
following buildings or uses in any District from which they are prohibited by this
Ordinance: (ORD. 8225)
(1) Any public building erected and used by any Department of the County, State,
or Federal Government.
(2) Hospitals and clinics and institutions of an educational, religious, philanthropic.
or eleemosynary character, provided such use is confined within a building and
provided that the building shall be set back from all yard lines a distance of
not less than two (2) feet for each foot of building height, and provided further
that this regulation shall not require a yard having a depth or width of more than
fifty (50) feet, unless a yard of greater depth or width is otherwise required in
the District where such building is located.
(3). EXCEPTIONS:
(a) This ORDINANCE shall not be construed to prohibit or limit the operation,
maintenance or expansion of schools on any property used for school purposes
on or before the date that this Ordinance becomes effective, provided, how-
ever, that any expansion of school facilities on property used for school
purposes shall comply with the yard requirements and setback distances as
provided for in Paragraph (2) of this Section.
Section 37.- AIRPORT HEIGHT LIMITATIONS (ORD. 7944)
In any area within the City of Miami, height limitations of buildings, structures and
natural growth shall be regulated by Ordinance No. 69-39 of Metropolitan Dade County,
Florida, except where the height limitations of the Comprehensive Zoning Ordinance of
the City of Miami are more restrictive.
Section 38.- NUISANCES
Nothing shall be allowable on the premises in any District, provided for in this
Ordinance, that shall in any way be offensive or noxious by reason of the emission
of odors, gases, dust, smoke, light, vibration or noise (including the crowing of
cocks, barking of dogs, or any noises emanating from any animal, fish or fowl). Nor
shall anything. be constructed or maintained that would in any way constitute an eye-
sore or nuisance to adjacent property owners or residents or to the community.
Section 39.- INTERIM ZONING DISTRICTS (ORD. 8131)
(i)
(2)
(3)
•
INTENT - Interim zoning districts are intended to provide temporary regulations
in designatedareas of the City, notwithstanding the existing zoning applied to
the area, where public development policy has been established by the City Com-
mission during the period of time when comprehensive plans have been or are being
prepared for the area, and either before or during the zoning process. The pur-
pose is to insure that any development in a designated area is in accord with
established public policy and that the development of a particular project or
projects will not have an adverse effect on public plans or the general welfare
of the public.
APPLICABILITY - An Interim Zoning District may be applied to any area in the city.
PROCEDURES - Interim districts shall be established in the following manner:
(a) A determination based on findings shall be made setting forth the need for
such interim zoning by the City Commission.
(b) After notice to all property owners within the proposed interim zoning dis-
trict, the Interim Zoning District regulations shall be submitted to the
Planning Advisory Board and City Commission for public hearing. The Interim
Zoning District requires adoption and approval of the City Commission by
Ordinance
25 REV. 1-26-77
Section 40.—
•
•
after notice to all property owners within the proposed interim zoning district.
(c) Interim zoning regulations shall be designed to include, but not necessarily
limited to the following:
1. Intent of the District
2. Delineation of the District Boundaries
3. Permitted Uses
4. Limitation of Uses
5. Yard, Lot Coverage and/or Floor Area Ratio Requirements
6. Other applicable regulations
7. Time limits.
(5) RECORDING —The Interim Zoning District shall be properly designated on the
official zoning maps of the City, and shall reflect the adopting ordinance number.
(4) TIME LIMITS —The Interim Zoning District shall continue in effect for a time limit
no greater than a period of one (1) year established by the enacting ordinance
and shall automatically become null and void at the end of this period. The City
Commission may extend the time limit after due notice to property owners within
the district, and a public hearing on said extension for a period of six (6) months.
There shall be no more than three (3) extensions of time allowed for any estab-
lished interim zoning district.
ENVIRONMENTAL CONTROLS (ORD. 8213)
(1) WATERFRONT LANDS — Excepting property located in R-1A, R-1B, R-1 and R-2
zones of one acre or less, all properties abutting the waterfront, riverfront and/or
their tributaries shall be affected by the provisions of this sub -section.
(a) Site plan review — Development of all waterfront properties requires site
plan review by the Planning Department, to ascertain that development is
in accord with the intent of these regulations.
(b) Waterfront yard areas — A minimum yard area averaging twenty (20) feet
in depth shall be provided along any waterfront. In no instance shall the
above yard area be less than fifteen (15) feet in depth.
(c) In all districts underground structures shall maintain a minimum setback of
ten (10) feet from any waterfront.
(d) Accessory structures shall not be located in any required waterfront yard
area except for such necessary structures as boat slips, boat ramps, davits,
mast markers, walkways, landscape furniture, and the like, approved in
conjunction with the site plan review by the Planning Department.
(e) No parking or storage shall be permitted within twenty (20) feet of the
waterfront. When parking or storage is within any portion of a required
waterfront yard area or is adjacent to a waterfront yard or setback area,
said parking or storage shall be screened from view along the waterfront,
with appropriate hedges, walls and landscape materials.
(2) LAN'DSCAPING
(a) All yard areas, including required usable open space, required or provided,
shall be landscaped and/or treated as set forth herein. The term "yard
area" used herein shall include all lot area that is not built upon or used
for off-street parking, driveways, recreation and other permitted necessary
uses.
1. All yard areas shall contain a minimum of one (1) shade or flowering
tree on the average of every fifty (50) feet on center along the width or
length of such yard area or for each one thousand (1,000) square feet
of yard provided, whichever requires the greatest number of trees.
2. In addition to trees, all yard areas shall be appropriately landscaped
with shrubs, hedges, ground cover; and other similar type materials.
In particular, the aforementioned landscape materials shall be utilized,
in addition to walls if necessary, to screen parking or other vehic'e use
areas, trash or garbage colection areas, utility areas or yards, or
storage areas or yards.
(b) Deck areas, plazas and roof areas of underground structures, not exceeding
three and one ha"f (31/2) feet above ground level, shall be landscaped
and/or treated in the following manner:
1. A minimum of one (1) shade or flowering tree shall be provided for
each one thousand (1,000) square feet of deck, plaza or roof area.
The trees shall be planted in planting wells which are a minimum of
25.1 REV. 2-1-74
Section 41.—
Section 42.—
SITE AND DEVELOPMENT PLAN APPROVAL (ORD. 8312)
(1) Procedure for Public Hearing. Where, by terms of this zoning ordinance, approval
of a site and development plan is required by the Zoning Board, Planning Ad-
visory Board, and City Commission, prior to the issuance of a building permit;
three copies of such plan shall be submitted to the Department of Administration,
Planning and Zoning Boards, who shall transmit two copies to the Planning
Department for processing. After review by the Planning Department, the site
and development plan together with all written pertinent comments shall be
transmitted by the Planning Department to the Department of Administration,
Planning and Zoning Boards for submittal to the City Commission or appropriate
board. Required data for site and development plan approval shall be sub-
mitted to the Planning Director not less than thirty (30) days prior to public
hearings.
(2) Procedure for Review by Planning Department. Where, by the terms of this
zoning ordinance, review and approval by the Planning Department is required
prior to the issuance of a building permit; three copies of the site and develop-
ment plan shall be submitted by the applicant to the Planning Department. After
review by the Planning Department, two copies of the approved plan shall be
transmitted to the Building Department.
(3) Contents. The site and development plan shall include the following elements,
where applicable:
(a) Statement describing in detail the
(1) Character and intended use of the development, and
(2) Ownership and control of the proposed development.
(b) General Location Map, showing relation of the site to major streets and
important physical features in and ajoining the project.
(c) A site plan containing the title of the project and the names of the project
planner and developer; date; north arrow; and, based on an exact survey of
the property drawn to a scale of sufficient size to show: (1) boundaries of the
project, any existing streets, buildings, water courses, easements, and section
lines; (2) exact location of all buildings and structures; (3) access and traffic
flow and how vehicular traffic will be separated from pedestrian and other
types of traffic; (4) off-street parking and off-street loading facilities; (5)
recreation facilities locations; (6) all screens and buffers; (7) refuse collection
areas; and (8) access to utilities and points of utilities hookups.
(d) Storm drainage and sanitary sewage plans.
(e) Landscaping plan, including: types, sizes, and locations of vegetation and
decorative shrubbery and provisions for irrigation and maintenance. Location
on the site of all existing trees protected by city regulations shall be shown.
(f) Tabu:ations showing: (1) total gross acreage in the project, (2) the percentages
thereof proposed to be devoted to: (a) the various permitted uses; (b) ground
coverage of structures; and (c) impervious surface coverage; (3) the derivation
of numbers of off-street parking and off-street loading spaces shown in sub-
section (c) above; (4) total project density in dwelling units per acre; and
(5) exact number of dwelling units, sizes, and types together with typical
floor plans for each type.
(g) Plans for recreation facilities, including buildings for such uses. If common
facilities — such as recreation areas or structures, private streets, and common
open space are to be provided for the development, statements shall show
how such common facilities are to be provided and permanently maintained..
Such statements may take the form of proposed deed restrictions, deeds of
trust, homeowners associations, or surety agreements.
(h) Plans for signs.
(i) Such additional data: maps, plans, or statements, as may be required for the
particular use or activity involvedor pertinent to the site development plan.
Items (b), (c), (d), and (f) above shall be prepared by a registered surveyor,
engineer, architect, or practicing land planner as may be appropriate to the
particular item; item (e) shall be prepared by a registered landscape architect.
SPECIAL PLANNED DEVELOPMENT DISTRICTS (ORD. 8329)
(1) INTENT
Within districts now existing or which may be hereafter created, Special Planned
Development (SPD) Districts may be established for specialized purposes where
tracts suitable in location, area, character and the uses and structures proposed
are to be planned and developed in an orderly manner consistent with the special
25.2 REV. 1-1-75
public objectives of the community. Special Planned Development (SPD) Districts
may include (a) general areas which have a special and substantial public interest
in protection of existing and proposed character, or of principal views of, from,
or through the area; (b) surrounding individual buildings or grounds where there
is special and substantial public interest in protecting such buildings and their
visual environment; and (c) in other cases where special public interest requires
modification or replacement of existing zoning regulations for the accomplish-
ment of special public purpose.
Special Planned Development (SPD) District regulations are intended to accomp-
lish the purposes of zoning and other applicable regulations to the same or
greater degree as regulations in districts which are intended to control develop-
ment on a lot by lot basis.
The further intention of the creation of SPD Districts is to permit greater flexibility
to promote the efficient use of land; to facilitate a more economic and convenient
arrangement of buildings, circulation systems, utilities, and an improved level of
amenities; to promote appropriate and harmonious physical development; to
promote preservation of natural scenic qualities of open spaces; and to provide
for more usable and suitably located recreation facilities and other common
public facilities than would otherwise be provided under conventional land devel-
opment procedures. It is further intended that such districts and regulations
established therein shall promote the objectives set forth in the comprehensive
plan as it may from time -to -time be amended, and of other officially adopted
plans of the city in accordance therewith, and to encourage land use and devel-
opment in substantial accordance with the physical design set forth therein.
(2) SPD Districts, Where Permitted
(a) Special Planned Development Districts (SPD) may hereafter be established
by amendment to the zoning districts maps and related amendatory action
where tracts suitable in location and character for the uses and structure
existing or proposed are to be planned according to the requirements and
procedures set forth herein.
(b) SPD Districts shall be appropriately located with respect to intended functions
of existing or proposed development according to the General Comprehensive
Plan and other officially adopted plans of the city.
(c) SPD Districts may be located in areas with either unified or separate owner-
ship where it is demonstrated that public objective can be better achieved
through a planned development approach to zoning to help create, enhance,
or preserve an area of special or unique interest to the community.
(d) Planning studies for Special Planned Development (SPD) Districts shall be
initiated only on request by the City Commission.
(3) Effect of SPD District Designation
Such SPD Districts either:
(a) May supplant districts or portions of districts existing at the time of creation
of a particular Special Planned Development District; or
(b) May have the effect of modifying requirements and procedures that apply
in existing districts or districts hereafter created, and remaining after SPD
Districts are superimposed to the extent indicated in the particular SPD
amendment.
(4) Procedures for Securing Approval of a Special Planned Development Application
When specific SPD regulations require the preparation and approval of an appli-
cation, the following procedures shall apply:
(a) Pre -application Conference
Before submitting an application for approval of development within this
district an applicant may confer with the Planning Department to obtain
information and guidance before entering into binding commitments, or in-
curring substantial expense in the preparation of plans, surveys, and other
data; however, no statement or representation made prior to the official
review shall be binding on the Planning Advisory Board, the City Commission,
or other city departments.
(b) Application
All applications shall be submitted to the Department of Administration for
the Planning and Zoning Boards and shall include all maps, plans, and
documents as required by the Specific SPD District.
(c) Referral to Planning Department
Applications shall be referred to the Planning Department for review of all
plans and documents.
25.3 REV. 1-1-75
•
•
(d) Planning Department Recommendations and Findings
The purpose of the review by the Planning Department is to determine if the
application materials and the proposed project are in accordance with the
public purpose in the particular SPD district.
The Planning Department shall complete its review and deliver its recommen-
dations to the Planning Advisory Board within 30 days (1) of receipt of the
application; or (2) of termination of conferences with applicant; or (3) at
the time of request by petitioner to proceed without further conferences.
The Planning Department shall recommend approval of the application as
submitted, approval with modifications, or disapproval of the proposal. The
recommendations of the Planning Department shall include findings of fact
and shall set forth the reasons for the recommendations specifically including,
but not limited to, the following factors:
1. The suitability of the plan for the specific SPD in terms of its relation to
the comprehensive plan or other officially adopted plans, physical char-
acteristics of the tracts, and its relation to the surrounding area and
existing and probable future development.
2. Relation to major transportation facilities and the impact of the develop-
ment upon existing and future traffic conditions.
3. Relation to public utilities, facilities, and services.
4. The development design with reference to the layout of parking areas,
service entrances, exits, yards, courts, and landscaping and control of
signs, lighting, noise, or other potentially adverse influences on the resi-
dential character of the SPD District and desirable character of any adja-
cent residential area.
5. The compatibility of the development with applicable zoning or other
regulations.
6. The nature and extent of the common open space in the district, the
reliability of the proposals for maintenance and conservation of the open
space in terms of densities, dwelling types, and floor area ratio.
(e) Planning Advisory Board Action and Findings
The Planning Advisory Board shall, within thirty (30) days after receiving
the Planning Department's report, hold a public hearing on the application.
The Planning Advisory Board shall consider all aspects of the Planning De-
partment's findings and of the SPD application. At the last public hearing
before the Board, the Board shall make specific findings and recommenda-
tions. Within thirty (30) days after the last public hearing, said findings and
recommendations shall be transmitted to the City Commission. The Planning
Advisory Board may recommend approval of the application as proposed,
or with modifications, or the Board may disapprove the application.
(f) Action by the City Commission
The City Commission shall either grant the application, with or without modi-
fications, or deny such application.
(5) Variations from General Regulations Applying in a Special Planned Development
(SPD) District
As a part of general action when plans require a recommendation by the Plan-
ning Advisory Board and approval by the City Commission, the Commission may
authorize variations from regulations generally applying in a particular SPD
District upon determination that the plan proposed by an applicant, while not
strictly in accord with regulations applying generally within the district, meets
public purposes to an equivalent or a greater degree.
(6) Conflicts with Other Provisions of the Zoning Ordinance
After a public hearing and upon the findings by the Planning Advisory Board
and the City Commission that the grant of a rezoning to a specific SPD District
serves a greater public purpose as to the design of the particular plan and its
relationship to the surrounding area, it is intended that where there are conflicts
between the requirements of this section and other provisions of the zoning
ordinance; the provisions of this section and the particular SPD District shall apply.
25.4 REV. 1-1-75
Section 43.—
•
SUBSTANCE ABUSE FACILITIES (ORD. 8386)
All proposed residential facilities, shall, prior to consideration of Conditional Use
Approval, be reviewed by the Advisory Committee on Substance Abuse. The Com-
mittee, upon concluding its findings, shall submit its recommendation to the Zoning
Board. Prior to the granting of a certificate of use or occupancy by the Building
Department, non-residential facilities shall be first reviewed by the Advisory Com-
mittee on Substance Abuse.
(1)
Minimum Lot Size
Twenty Thousand (20,000) square feet.
(2) Housing Standards
All Facilities shall meet minimum housing and livability standards established
by the City of Miami Housing Code. The facilities shall be adequate to support
each program's objectives, consideration for convenience, free circulation, privacy,
ventilation, light and air and crowding.
(3) Location Standards
The location of programs of a similar nature in close proximity to those in
existence shall be evaluated in accordance with the following objectives:
(a) To distribute according to catchment area; that is, the area in which abusers
are caught.
(b) To discourage massing in transitional neighborhoods.
(c) To balance geographically the location of facilities with drug abuse intensity.
(d) To maximize existing facility use through recommended operational or
modal changes.
(e) To strengthen operational arrangements between facilities to meet changing
demands.
In no instance, however, shall programs of a similar nature be located a distance
of less than one -quarter (1/4) mile from each other. Measurement shall be from the
main entrance of each facility along the route of ordinary pedestrian traffic.
(4) Yard Areas Or the minimum yard areas
Rear — 20 feet) required in the zoning district
Side — 10 feet) in which the facility is located,
Front — 20 feet) whichever is greater.
(5) Parking
One (1) space for each staff member and one (1) space for each four (4)
occupants. Waiver of occupant parking may be permitted based upon the fol-
lowing factors:
Proximity to mass transit, employment area or community facilities, auto owner-
ship, and visitation policy.
(6) Open Space
Open space shall be provided to facility occupants based upon the following
schedule: First 10 occupants — 150 sq. feet per occupant, 10-15 occupants
—additional 100 sq. ft. per occupant, 15-20 occupants — additional 75 sq. ft.
per occupant, 25 occupants and over — additional 50 square feet per occupant.
At least fifty percent (50%) of the required open space area shall be at ground
level.
(7) Landscaping
One (1) shade tree for each one thousand (1,000) square feet of yard area
shall be provided. Where this provision is not met at the incepiton of the facility's
establishment, other provisions for attaining shade in open space areas where
site occupants may be afforded satisfactory outdoor spaces to pursue leisure
time activities may be considered.
Proximity to Support Services
Proximity to or the availability of public or private transport to satisfy occupant
service needs shall be evaluated to minimize travel and encourage the establish-
ment of facilities at locations where they may best accord the occupant a wide
range of services essential to his physical, social and economic well-being.
(9) Ingress and Egress
Drives for ingress and egress shall be restricted to no more than one (1) drive
for each fifty (50) feet of frontage.
(8)
25.5 REV. 1-1-76
Section 44.- REGULATED USES (ORD. 8618) (ORD. 8695)
The following uses shall be termed "Regulated Uses":
Adult Book Store, Adult Massage Parlor, Adult Motion Picture Theatre, Adult Private Dancing and
Escort Service.
Regulated Uses shall comply with the following provisions:
(1) No regulated use shall be established within a distance of 1000 feet from any other regulated use.
This distance shall be measured from the front door of the proposed regulated use to the front
door of the nearest existing regulated use along the route of ordinary pedestrian travel.
(2) No regulated use shall be located within 500 feet of a residentially -zoned district. This distance
shall be measured by the distance along the straight line drawn from the closest exterior door of
the proposed regulated use to the closest portion of the residentially -zoned property.
(3) For the purpose of this Section residentially -zoned districts shall be those designated in
Article III, Section 1. Where property in the City of Miami borders upon property of another City
or Dade County, the term "residentially -zoned districts" shall be those districts designated as
residentially zoned by the terms of the Zoning Ordinance in the affected jurisdiction.
(4) No application for a Certificate of Use and Occupancy shall be accepted unless it is accompanied
by a survey certified by a land surveyor registered in the State of Florida showing that it meets
the requirements of Paragraphs 1 and 2 of this Section.
(5) Notwithstanding other provisions of this ordinance, no regulated use shall resume operation once
it has been discontinued or abandoned unless and until it meets all the provisions of this section.
(ORD. 8640)
Section 45 RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES (ORD. 8861)
Residential group homes for more than five persons with developmental disabilities including, but not
limited to mental retardation programs, if approved by the appropriate regulatory agencies, shall be
subject to the following zoning requirements and limitations:
(1) Area Location Standards
The group home shall be geographically located and constructed to meet City and program ob-
jectives including:
(a) To encourage county -wide distribution and to discourage massing in neighborhoods not less
than 2500 feet shall separate the facility from other similar facilities or other programs
such as substance abuse or alcohol rehabilitation.
(b) Proximity to support services like transportation, employment facilities, religious• and
educational programs, health and recreational facilities, and shopping.
(2) Access
Vehicular entrances to the grounds shall not be more than 150 feet from a major street. Not
more than one ingress and egress drive shall be provided for each 50 feet of frontage.
(3) Minimum Lot Dimensions
The lots shall have a minimum width of 100 feet and a minimum area of 10,000 square feet.
(4) Location of Buildings
Buildings shall provide a twenty foot front and rear yard and a ten foot side yard.
(5) Outdoor Recreation Area
To meet social and recreational needs, the group home shall provide a minimum of 75 square feet
per person or 400 square feet per dwelling unit, whichever is greater, of outdoor ground level
area. This area shall be located in side or rear yards and suitably landscaped with grass and
shade trees; when adjoining another residential lot, at least 5'0" high solid textured wall or hedge
shall be provided as a buffer amenity.
(6) Housing Standards
The group home shall be adequate to meet the program objectives for privacy, light, air, circu-
lation, dining, and sleeping.
(7) Landscaping
To provide an attractive living environment, one shade tree shall be provided for each 1000
square feet of yard area along with other suitable shrubs, ground cover, grass, and patio areas.
25.6 REV. 1-1-79
ARTICLE V-
Section 1.—
•
•
ONE FAMILY DWELLING - R-1, R-1A, R-1B DISTRICTS
The following regulations shall apply in all R-1, R-1A, and R-1B Districts:
USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than one or more of the following uses.
(1) One -Family Dwelling.
(2) Publicly owned and operated recreation buildings and facilities, playgrounds,
playfields, parks, beaches.
(3) Existing cemetery.
(4) Railroad right-of-way, not including switching, freight, or storage tracks, yards,
buildings or maintenance structures.
(5) Publicly owned and operated library, art gallery or museum.
(5-A) Wet dockage or moorage of vessels sixteen (16) feet and over in length, not
to exceed three (3) vessels per lot, only one (1) of which may be a non -owned
vessel. An accessory use permit is required for non -owned vessels, sixteen (16)
feet or over in length. (ORD. 8481)
(6) The following uses if approved as a "Conditional Use":
(a) Educational, recreational and social centers not operated for profit and in-
tended to serve surrounding neighborhood;
(b) Open parking+ lots for the parking of private passenger vehicles accessory
to a principal use. The parking lot shall be arranged, maintained and
and used in accordance with requirements set forth in Article XXIII, Section 8
(1). (ORD. 8066)
(c) Open parking lots for parking of private passenger vehicles accessory to
a non -conforming commercial use in a residential district. The provision
of Article XXVIII, Section 1 (5) (a), shall be applicable to the termination
of said parking at the time the non -conforming use such parking services
is fully amortized. The parking lot shall be arranged, maintained and used
in accordance with the requirements set forth in Article XXIII, Section 8 (1).
(ORD. 8066)
(d) Church.
(e) The expansion of an existing cemetery when said expansion or enlargement
abuts an existing cemetery and providing said expansion shall be in accord-
ance with all other provisions of this ordinance. (ORD. 7075)
(f) An addition to a conforming or non -conforming building or structure which
contains a non -conforming RESIDENTIAL USE, subject to the Provisions of
ARTICLE XXVIII, Sec. 1 (1), (a) through (f) or Section 2, (2) (a) and or Sec.
tion 2, (3)(a). (ORD. 7121)
(g) The care of foster children in a home having more than six, but not more
than eight children, provided that the home is approved by the Florida State
Welfare Department, and operated by an agency accredited by .the Child
Welfare League of America. (ORD. 7251)
(h) RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE, SUBJECT TO
THE FOLLOWING: (ORD. 7396)
1. The density shall not exceed one (1) dwelling unit for each six thousand
(6,000) square feet of site area.
2. No building shall contain more than one (1) dwelling unit and all such
buildings shall be separated by at least (10) feet. Buildings may, how-
ever, have connecting roof structures, provided the above separation is
maintained between walls of buildings. The height of such buildings shall
not exceed two and one-half (2Y2) stories or thirty-five (35) feet.
3. The approval by the Commission, after review by the Board, of a de-
velopment plan in accordance with the provisions of Article IV, Section
15 of the Ordinance.
(i) Repealed (ORD. 8066)
(j) DAY NURSERY when located not less than twenty (20) feet from any other
lot in an "R" District, provided that there shall not be less than seventy-five
(75) square feet of outdoor play space for each child enrolled and provided
further, that there is established and maintained one or more completely,
and securely fenced play lots which, if closer than fifty (50) feet to any
property line, shall be screened by a masonry wall or by a compact ever-
green hedge not less than five (5) feet in height. (ORD. 7609)
26 REV. 1-1-76
(k) TEMPORARY AMUSEMENT ACTIVITIES OPERATED IN CONJUNCTION WITH THE
ACTIVITIES OF A CHURCH, SCHOOL, OR PUBLICLY OWNED RECREATIONAL OR
CULTURAL FACILITY AND SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITA-
TIONS: (ORD. 7716)
(I) Such use, in an R-I District or within two hundred fifty (250) feet of an R-I District,
shall not be established for a period exceeding seven (7) days, nor shall any one loca-
tion be used within twelve (12) months for a similar purpose. (ORD. 8663)
(2) The establishment of such a use shall require the necessary licenses, building permit
and certificate of occupancy.
(3) No alcoholic beverages may be sold on the premises.
(4) Small tents shall be permitted only to carry on ride activities.
(5) The City Manager, through the Director of the Building Department, shall be
authorized to establish required procedures for application for the necessary licenses,
permits, and certificates and to attach any limitations or conditions deemed essential
for the health and general welfare of the public, including the prohibition of such use
when determined to be in conflict with, and/or in close proximity to a similarly
scheduled use. (ORD. 8663)
(6) Such use may be established only after approval of the City Manager through appro-
priate departments and after the necessary licenses, building permit and certificate
of occupancy have been obtained. (ORD. 8663)
(1) Home occupations employing not more than one (1) person other than the occupant of the
dwelling unit. *In addition to meeting the other requirements set forth in Section ! (8) of
this ARTICLE, appropriate parking shall -be provided on site for both the occupants of the
structure and the said employee. (ORD. 8253)
(m) Wet dockage or moorage of one (1) permanent live=aboard vessel per vacant lot, not to
exceed a total of three (3) vessels per lot. (ORD. 8481)
(7) USES accessory to the above when located on the same lot and not involving the conduct of any
business, trade, occupation or profession.
(8) Homeoccupation which is the conduct of one of the non-residential activities, hereafter listed,
within a dwelling unit whose main use is residential, and occupying not over twenty-five (25%) of
the first or ground floor of such dwelling unit. The non-residential activities shall be conducted
by the occupant of the dwelling unit and shall be limited to the following occupations: Physician,
Surgeon, Doctor, Dentist, Lawyer, Architect, Engineer, Musician, Artist, Teacher, Seamstress,
Dressmaker, Real Estate Broker, Contractor, Accountant, Bookkeeper, Broker, Consultant,
Draftsman, Interior Decorator, Manufacturers Agent, Marine Surveyor; and Surety Agent. There
shall be no display or indication on the exterior of the building that it is being utilized in part for
any non-residential use; thereshall be no commodity sold upon the premises; and no person shall
be employed other than a member of the family residing on the premises; there shall be no signs
other than those which may be hereinafter specifically permitted.
Section 2.- AREA
Every lot upon which a structure is hereafter erected shall conform to the following minimum lot area.
and width requirements.
(l) Residential Use.
(a) R-I Districts: The lot area shall be at least six thousand (6,000) square feet with a
minimum average width of sixty (60) feet.
(b) R-IA Districts: The lot area shall be at least seventy-five hundred (7,500) square feet with
a minimum average width of seventy-five (75) feet.
(c) R-IB Districts: The lot area shall be at 'least ten thousand (10,000) square feet with a
minimum average width of one hundred (100) feet.
(2) Non -Residential Use: R-1, R-IA and R-IB Districts.
(a) The lot area shall be at least ten thousand (10,000) square feet with a minimum average
width of one hundred (100) feet.
(3) A lot which has less width or less area than hereinabove required, and which has a platted lot of
record prior to September 25, 1946, the date of the Ordinance No. 3179, may be utilized for a
one -family dwelling. (ORD. 7459)
Section 3.- . YARDS
(I) Front Yard:
(a) Every lot shall have a front yard not less than twenty (20) feet in depth.
(2) Side Yards:
(a) Every lot used fora one -family dwelling shall have a side yard on each side, each of which
shall be at least ten percent (10%) of the width of the lot in width, provided that no side
yard shall be less than five (5) feet in width nor shall a side yard be required greater than
ten (10) feet in width
27 REV. I -1-73
•
Section 4.—
Section 5.—
•
•
except on corner Tots a side yard at least fifteen (15) feet in width shall
be provided on the side of the lot abutting on the side street.
(b) Every lot used for a Non -Residential use shall have a side yard on each
side, each of which shall be at least twenty (20) feet in width.
(3) Rear Yard:
(a) Every lot shall have a rear yard of not Tess than twenty (20) feet in depth.
HEIGHT
No building or structure, or part thereof, shall be erected or altered to a height exceed-
ing two and one-half (2'/) stories. Said 21 stories not to exceed thirty-five (35) feet.
MINIMUM FLOOR AREA
A one -family dwelling shall have a minimum floor area of six hundred and fifty (650)
square feet.
27.1 REV. 1-1-75
ARTICLE VI- TWO-FAMILY DWELLING - R-2 DISTRICTS
The following regulations shall apply in all R-2 Districts.
Section I.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses:
(I) Any use permitted in an R-I; R-IA, R-IB District, subject to the USE REGULATIONS specified
in said Districts.
(2) Two -Family Dwellings.
(3) Church.
(3-A) Wet dockage or moorage of vessels sixteen feet and over in length, not to exceed four (4) vessels
per lot, only one (I) of which may be a non -owned vessel. An accessory use permit is required for
non -owned vessels, sixteen (16) feet or over in length. (ORD. 8481)
(4) Additional Dwelling Unit provided where an accessory building, such as a private garage, servants
quarters, guest house and the like, existed at the effective date of this Ordinance on the rear
one-half of a lot occupied by a one -family dwelling, such accessory building may be altered and
converted to an additional dwelling unit provided the following conditions are fulfilled:
(a) The lot is at least five -thousand (5,000) square feet in area;
(b) The additional dwelling unit shall contain at .least five hundred and fifty (550) square feet
of floor area;
(c) An additional dwelling unit shall be located at least five (5) feet from the rear and side lot
lines:
(d) The distance between the rear of the principal dwelling and the front of the additional
dwelling shall be not less than ten (10) feet.
(4-A) The following uses if approved as a "CONDITIONAL USE": (ORD. 8048)
(a) RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE, subject to the provisions
of Section 6 (1), of this ARTICLE.
(b) PATIO TOWNHOUSE DEVELOPMENT,not exceeding a density of one dwelling unit for each
three thousand four hundred (3,400) square feet of lot area. (See Section 6 (2), of this
ARTICLE for development standards.)
(c) SINGLE FAMILY ATTACHED DWELLINGS subject to the provisions of Section 6 (3), of this
ARTICLE.
(d) Substance Abuse Facilities - Residential, in accordance with Article IV, Section 43.
(ORD. 8387)
(e) Wet dockage or moorage of two (2) permanent live -aboard vessels per vacant lot or one (I)
permanent live -aboard vessel on Tots with one (I) existing dwelling unit, not to exceed a
total of four (4) vessels per lot. (ORD. 8481)
(f) Residential Group Homes for Developmental Disabilities, in accordance with Article IV.
Section 45. (ORD. 8861)
(5) Uses accessory to any of the above when located on the same lot and not involving the conduct of
any business, trades, occupation or profession.
Section 2.- AREA
(I) Residential Use.
(a) The lot area shall be at least six thousand (6,000) square feet with a minimum average
width of sixty (60) feet.
(2) Non -Residential Use.
(a) The lot area shall be at least ten thousand (10,000) square feet with a minimum average
width of one hundred (100) feet.
(3) A lot which has Tess width or less area than here and above required, and which was a platted lot
of record prior to September 25, 1946, the date of Ordinance No. 3179, may be utilized for a
two-family dwelling if it has an average width of at least forty (40) feet and a lot area of at least
four thousand (4,000) square feet. If it has an average width of Tess thanforty (40) feet or a lot
area of less than four thousand (4,000) square feet it may be utilized for a single-family dwelling.
(ORD. 7624)
28 REV. I -1-79
•
•
Section 3.— YARDS
(1) Front Yard:
(a) Every lot shall have a front yard not Tess than twenty (20) feet in depth.
(2) Side Yard:
(a) Every lot used for a one -family or two-family dwelling shall have a side yard
on each side, each of which shall be at least ten percent (10%) of the width
of the lot in width, provided that no side yard shall be less than five (.5) feet
in width nor shall a side yard be required greater than ten (10) feet in width
except on corner lots a side yard of at least fifteen (15) feet in width shall be
provided on the side of the lot abutting on the side street, except as provided
for in Section 1, paragraph 4, of this Article.
28.1 REV. 1-1-76
(b) Every lot used for a non-residential use shall have a side yard on each side,
each of which shall be at least twenty (20) feet in width.
(3) Rear Yard:
(a) Every lot shall have a rear yard of not Tess than twenty (20) feet in depth,
except as provided for in Section 1, paragraph 4, of this Article.
Section 4.— HEIGHT
No building or structure, or part thereof, shall be erected or altered to a height
exceeding two and one-half (21/2) stories or thirty-five (35) feet.
Section 5.— MINIMUM FLOOR AREA
The minimum floor area for a one -family or two-family dwelling shall be six hundred
and fifty (650) square feet per dwelling unit except as provided for in Sec. 1, sub -section
(4) of this Article.
Section 6.— CONDITIONAL USE DEVELOPMENT STANDARDS (ORD. 8048)
(1)
RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE, subject to the
following:
(a) The density shall not exceed one (1) dwelling unit for each Three thousand
(3,000) square feet of site area.
(b) No building shall contain more than two (2) dwelling units, and all such
buildings shall be separated by at least ten (10) feet. Buildings may, how-
ever, have connecting roof structures provided the above separation is
maintained between walls of buildings. The height of such buildings shall
not exceed two and one-half (21/2) stories or thirty-five (35) feet.
(c) Approval by the Zoning Board after review of the development plan in
accordance with the provisions of ARTICLE IV, Section 15, of the Ordi-
nance. (ORD 8225)
(2) PATIO TOWNHOUSE DEVELOPMENT
(a) PURPOSE
Patio townhouse development is intended to provide greater amenities
through the provision of meaningful open spaces, appropriately and attrac-
tively landscaped; private outdoor patio areas for the sole use and enjoy-
ment of the townhouse residents; convenient service areas; efficient utilization
of the site; necessary protection for the surrounding residential area; and to
express the individual character of each unit. Such development is intended
to provide for separate ownership of single family lots and dwel►ings within
a townhouse development and to be in harmony with the existing character
of low density residential development in an area.
(b) PLATTING REQUIREMENTS
All townhouse developments and individual townhouse lo's shall be platted
in accord with the requirements of ARTICLE IV, Sections 10 or 11, and the
minimum site and lot requirements contained herein.
(c) MINIMUM SITE
The minimum site area for a townhouse development shall be twenty-one
thousand (21,000) square feet, with a minimum street frontage, on one
street, of one hundred and twenty (120) feet.
(d) YARDS
1. Townhouse Development
a. Every townhouse development shall have a minimum front yard —twen-
ty (20) feet in depth; side street yard —fifteen (15) feet in depth; side
yards — ten (10) feet in width for each side; and a rear yard —twenty
(20) feet in depth.
b The above yards shall not be utilized in any manner to meet the
individual lot area, yards, patio, or open space requirements of a
townhouse lot within the development.
c. The front yard shall not be used for parking and shall not contain
more than one(1) driveway access through the yard area, not exceed-
ing twenty (20) feet in width, for each one hundred (100) lineal feet
of one street frontage.
d. All yard areas required and/or provided herein and maintained as
common usable open space (no physical development or use other
29 REV. 2-1-74
than walkways) shall be landscaped with shade or flowering trees,
8 to 10 feet in overall height when planted and shall be spaced a
maximum average of fifty (50) feet apart or a minimum of one (1)
tree for each one thousand (1,000) square feet of yard area, whichever
results in the greater number of trees. Yard areas shall also be land-
scaped with significant and appropriate amounts of shrubs, hedge ma-
terial, flowers, grass or other acceptable landscaping treatment.
2. Townhouse Lots
a. Each townhouse lot shall have a minimum front yard —ten (10) feet in
depth, and a minimum rear yard of ten (10) feet in depth. The above
required yard areas may be walled in provided that the front and rear
lot lines abut a landscaped area at least five (5) feet in depth, other-
wise the yard area shall be left unenclosed and appropriately land-
scaped.
b. A minimum of one-third (1/3) of the width of a required or provided
yard area, and in no instance Tess than ten (10) feet, shall remain open
and appropriately landscaped when parking is provided in the yard
area.
(e) HEIGHT
1. No building or structure shall exceed a height of two and one-half (21/2)
stories or thirty (30) feet. Accessory structures shall not exceed the height
of the wall enclosing the yard area in which the structure is located.
(f) LOT COVERAGE
1. The maximum lot coverage for buildings and structures shall be twenty-
five (25) percent of the total site area of the development.
(g) PARKING
1. A minimum of two (2) off-street parking spaces shall be provided for each
townhouse. Parking spaces shall be on each individual townhouse lot or
may be provided in whole or part in a common parking area. No town-
house occupant's parking space shall be located further than one hundred
(100) feet from the front or rear entrance of the townhouse, measured
along the ordinary path of pedestrian travel.
2. To protect adjoining properties from glare and noise, any common park-
ing area or driveway shall be appropriately screened when located ad-
jacent to a side or rear lot line, with a minimum landscaped area, five
(5) feet in width, adjacent to the parking area or driveway, and said
landscaped area shall contain a continuous solid decorative wall or hedge
in addition to meeting the other applicable landscape requirements for
off-street parking set forth in ARTICLE XXVIII.
(h) USABLE OPEN SPACE
1. Each townhouse development shall have a minimum of forty (40) percent
of the site area in usable open space and shall be landscaped and well
maintained with grass, trees, shrubbery, and other acceptable landscap-
ing materials.
2. The usable open space shall be designed in such a way as to:
a. Structure the development in clearly defined clusters or groupings of
townhouses.
b. Minimize pedestrian -vehicle conflicts by making the usable open space
readily accessible from most townhouse units.
c. Provide pedestrian continuity through the development.
d. Obtain a variety of usable open spaces in terms of size, configuration,
character and activities.
e. Separate common walkways and paved area from walls or fences with
a minimum 2'0" of landscaped area.
(i) PATIOS
1. Each townhouse lot shall have a minimum of three hundred and fifty (350)
square feet of outdoor patio living area exclusive of any parking area
or other service area or use. Open roofed patio areas, open patios on
roofs and open balconies designed and arranged for patio purposes may
be used for one-half credit toward the required patio area.
2. At least one patio area shall be two hundred (200) square feet with a
minimum dimension of twelve (12) feet.
3. All patios shall be completely screened from adjacent townhouses and
public or common area to provide privacy for each townhouse dwelling
29.1 REV. 2-1-73
•
unit. Fences or walls shall be used to enclose patios or other outdoor
open living areas and shall provide complete screening and shall be of a
material that has a minimum life expectancy of ten (10) years. All such
walls shall be a minimum of six (6) feet in height and a maximum of ten
(10) feet unless located a minimum of twenty (20) feet from any site for
line.
4. Townhouse units with more than two (2) bedrooms, shall provide a ten
percent (10%) larger private patio area for each additional bedroom.
(j) TOWNHOUSE GROUPING
1. Individual townhouses may be grouped in a row not to exceed a total
combined length of eighty-five (85) feet, except as otherwise provided
herein. A greater grouping length may be approved, provided that the
size, shape, location, natural site features, or orientation of the develop-
ment necessitates such consideration.
2. Groups of townhouses shall be separated by a minimum spacing of fif-
teen (15) feet between ends of groupings, a minimum of twenty (20) feet
between the end of a grouping and a facing grouping, and a minimum
of thirty (30) feet between facing groups of townhouses, or, in accord
with the spacing formula set forth in ARTICLE IV, Section 15, whichever is
greater. The above spacing standards may be adjusted when the size,
shape, location, natural site features, or orientation of the development
reveal a need for adjustment.
3. No structure other than patio walls, or ends of townhouse groupings,
shall be located closer than twenty (20) feet from any side lot line.
4. Townshouse structures within a group shall have staggered front and
rear facades to express individuality and distinctiveness.
(k) SERVICES
1. Each townhouse shall be served by separate utilities whenever such
utilities and services are provided, and no townhouse shall be in any
way dependent upon such services located within another unit or in an-
other townhouse, except as may be installed in easements noted for such
purposes on the recorded plat. All townhouses must be connected to
public water and sewer lines, and. all electrical and telephone lines
within a TOWNHOUSE DEVELOPMENT site shall be placed underground.
Proper and adequate access for fire -fighting purposes, and access to
service areas to provide garbage collections and other necessary services
shall be provided.
2. All service areas, such as drying areas, shall be completely screened
from view from public or common areas and from adjacent lots by walls
and landscaping. Service areas may be on individual townhouse sites as
may be provided in a readily accessible common area.
(I) SITE PLAN
A plot plan of the proposed development, typical front elevations, and typ-
ical floor plans of the proposed townhouses, prepared by a registered archi-
tect and a landscape architect, shall accompany an application for "Con-
ditional Use" approval of a townhouse development. If the application is
approved, the townhouse development shall be in accordance with such plan,
or as it may be required to be modified. The plot plan shall include, but
shall not be limited to, the location of buildings in relation of lot lines, off-
street, parking spaces, patio and service areas, garbage storage areas,
landscaping, walls, relationship to adjoining streets, driveways, common fa-
cilities, and open space and walkways. In addition, lot size, lot coverage,
minimum floor area of each unit, square footage of patio area, and lot area
per unit, shall be included as accompanying data on such plan.
(m) AGREEMENTS
Provisions satisfactory to the Zoning Board shall be made to assure that
non-public areas and facilities for the common use of occupants of a
TOWNHOUSE DEVELOPMENT, but not in individual ownership of such occu-
pants, shall be maintained in satisfactory manner without expense to the
taxpayers of the City of Miami. Such may be provided by the incorporation
of an automatic membership home association for the purpose of continu-
ously holding title to such non-public areas and facilities, and levying assess-
ments against each townhouse lot, whether improved or not, for the purpose
of paying the taxes and maintaining such non-public areas and facilities,
29.2 REV. 2-1-74
•
•
which may include, but not be limited to, recreational areas, off-street
parking areas, walkways, lighting and common open and landscaped areas.
Such assessments shall be a lien superior to all others including, but not
limited to mortgage liens, save and except tax liens. Other methods may
be acceptable if the same positively provide for the proper and continuous
payment of taxes and maintenance without expense to the taxpayers of
the City of Miami. The instrument incorporating such provision shall be
approved by the City Attorney as to form and legal sufficiency before
submission to the Zoning Board, and shall be, upon approval of the "Con-
ditional Use" for a townhouse development by the Zoning Board, recorded
in the Public Records of Dade County, Florida. (ORD. 8225)
(3) SINGLE FAMILY ATTACHED DWELLINGS, subject to the following:
(a) Individual dwelling units of a duplex structure may be sold provided that
the following conditions are met:
1. The minimum lot area for such duplex usage shall be six thousand
(6,000) square feet with an average width of sixty (60) feet.
2. Each individual dwelling unit shall have not less than three thousand
(3,000) square feet of lot area, provided that all single family attached
dwellings on individual lots shall be platted in accord with requirements
of Article IV, Section 10 or 11, and the minimum site and lot require-
ments.
3. Each dwelling unit shall be serviced by separate utilities.
4. Two parking spaces shall be provided for each dwelling unit.
5. Division of property without street frontage will require that all ease-
ments and agreements for access to the property be approved by the
City of Miami and then recorded in the Circuit Court of Dade County,
Florida.
29.3 REV. 2-1-74
ARTICLE VII—
Section 1.—
•
•
LOW DENSITY MULTIPLE — R-3 DISTRICT
The following regulations shall apply to all R-3 Districts.
USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than one or more of the following, specified
uses:
(1) Any use permitted in an R-2 District, subject to the USE REGULATIONS specified
in said District.
(2) Apartment building not exceeding a density of one (1) dwelling unit for each
one thousand five hundred (1,500) square feet of lot area for buildings con-
taining from four (4) to fifteen (15) units and a density of one (1) dwelling unit
for each additional nine hundred (900) square feet of lot area for buildings
containing more than fifteen (15) units. (.ORD. 8420)
Nursery school or child care center when located not less than twenty (20) feet
from any other lot in an "R" District, provided that there is established, main-
tained and used for the children at play in connection therewith one or more
completely and securely fenced play lots which, if closer than fifty (50) feet to any
property line, shall be screened by a masonry wall or compact evergreen hedge
not less than five (5) feet in height, located not less than twenty (20) feet from
any other lot in an "R" District.
(4) Green House (no commercial sales conducted from premises).
(5) Rooming House.
(5-A) Wet dockage or moorage of vessels sixteen (16) feet and over in length, as an
accessory use to the principal use, provided that the total number of slips does
not exceed more than twenty (20) percent of the total number of dwelling units
in facilities with more than twenty (20) slips. An accessory use permit is re-
quired for non -owned vessels sixteen (16) feet or over in length. (ORD. 8482)
(5-B) Wet dockage or moorage of permanent live -aboard vessels, subject to the fol-
lowing density limitations: (ORD. 8482)
(a) On vacant sites.
Maximum density permitted is the maximum use density allowed in the dis-
trict. The docking of one (1) or more permanent live -aboard vessels is subject
to the on -site parking, open space, sanitary and safety provisions required
in Article IV, Section 23, Subsections (7) and (8) of the Ordinance. (ORD.
8482)
(b) On sites with existing dwelling units.
Maximum permitted is either the difference between the maximum use den -
site allowed in the district and the actual density or one (1) permanent live -
aboard vessel for every six thousand (6,000) square feet of lot area, which-
ever is less. In no case, shall the use density of the zoning district be ex-
ceeded by the addition of permanent live -aboard vessels. The docking of
five (5) or more permanent live -aboard vessels is subject to the on -site park-
ing, open space, sanitary and safety provisions required in Article IV, Section
23, Sub -Sections (7) and (8) of the Ordinance. (ORD. 8482)
(6) Public, Private or Parochial Schools:
(a) Private and Parochial Schools shall offer curricula substantially equivalent
to public schools of comparable grades and shall be approved by the State
Department of Education.
(6-A) The care of foster children in a home having not more than eight children pro-
vided that the home is approved by the Florida State Welfare Department, and
operated by an agency accredited by the Child Welfare League of America.
(ORD. 7251)
(6-B) The following uses if approved as a "CONDITIONAL USE"; (ORD. 7557)
(a) TOWNHOUSE DEVELOPMENT, subject to the following regulations and
conditions: (ORD. 7557)
1. The provisions of ARTICLE IV, Sections 10 and 11, as to platting require-
ments.
2. A grouping of townhouses shall not exceed two hundred (200) feet in
length.
3. Each townhouse shall be served by separate utilities wherever such
(3)
30 REV. 1-1-76
•
•
utilities and services are provided, and no townhouse shall be in any
way dependent upon such services located within another unit or on
or in another townhouse, except as may be installed in easements noted
for such purposes on the recorded plot. All townhouses must be con-
nected to public water and sewer lines, and all electrical and telephone
lines within a TOWNHOUSE DEVELOPMENT site shall be placed under-
ground. Proper and adequate access for fire -fighting purposes, and ac-
cess to service areas to provide garbage collections and other neces-
sary services shall be provided.
4. There shall be provided on each townhouse at least two hundred (200)
square feet of patio living area, exclusive of parking area and other
service areas for each townhouse. Open roof areas designed and
planned for patio purposes may be credited for not more than (50)
percent of the required patio area. Every patio living area shall be
substantially enclosed by a wall which affords visual confinement except
in instances where a natural feature of the site permits other treatment,
as may be determined by review of the site plan for the development.
Such wall shall be masonry or other material having a life expectancy
of not less than ten (10) years, and the minimum height of such wall
shall be six (6) feet. All yard areas used for service, such as drying
areas, shall be completely screened from view from the street and from
adjoining lots by walls or landscaping.
5. Each townhouse unit shall have its foundation on its individual site.
6. A plot plan of the proposed development, typical tentative front eleva-
tions, and typical floor plans of the proposed townhouses, prepared by
a registered architect, shall accompany an application for "Conditional
Use" approval of a townhouse development. If the application is ap-
proved, the townhouse development shall be in accordance with such
plan, or as it may be required to be modified. The plot plan shall include,
but shall not be limited to, the location of buildings in relation to lot
lines, off-street parking spaces, patio and service area, including garbage
storage areas, landscaping, walls, relationship to adjoining streets,
driveways, common facilities, and open space and walkways. In addi-
tion, lot size, lot coverage, minimum floor area of each unit, square
footage of patio areas, and lot area per unit, shall be included as ac-
companying data on such plan.
Provisions satisfactory to the "Zoning Board" shall be made to assure
that non-public areas and facilities for the common use of occupants of a
TOWNHOUSE DEVELOPMENT, but not in individual ownership of such
occupants, shall be maintained in satisfactory manner without expense
to the taxpayers of the City of Miami. Such may be provided by the
incorporation of an automatic membership home association for the
purpose of continuously holding title to such non-public areas and
facilities, and levying assessments against each townhouse lot, whether
improved or not, for the purpose of paying the taxes and maintaining
such non-public areas and facilities, which may include, but not be
limited to, recreational areas, off-street parking areas, walkways, light-
ing and common open and landscaped areas. Such assessments shall
be a lien superior to all others including, but not limited to, mortgage
liens, save and except tax liens. Other methods may be acceptable if
the same positively provide for the proper and continuous payment of
taxes and maintenance without expense to the taxpayers of the City of
Miami. The instrument incorporating such provisions shall be approved
by the City Attorney as to form and legal sufficiency before submission
to the Zoning Board, and shall be, upon approval of the "Conditional
Use" for a townhouse development by the Zoning Board, recorded in
the public records of Dade County. (ORD. 7557). (ORD. 8225)
(b) 1. Wet dockage or moorage of vessels sixteen (16) feet and over in length,
representing more than (20) percent of the total number of existing
dwelling units in accessory use facilities with more than twenty (20) slips.
(ORD. 8482)
2. Commercial marinas, subject to on -site parking open space, sanitary and
30.1 REV. 1-1-76
•
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(7)
Section 2.- AREA
safety requirements contained in Article IV, Section 23, Sub -sections (7)
and (8) of the Ordinance. (ORD. 8482)
(c) Buildings, structures, or parts thereof may be erected to heights exceeding
the height set forth in Section 4.of this Article provided .that:. (ORD. 8530)
1. The height being requested is specially congruent with the character and
height of development in the surrounding area. (ORD. 8530)
2. Development is in accord with community and neighborhood. objectives.
(ORD. 8530)
Uses accessory to any of the above uses, not involving the conduct of any business.,
trade, occupation or profession unless otherwise specified in this Ordinance.
(1) Residential use. (ORD. 8420)
(a) The following schedule of minimum lot areas and minimum average widths shall
be required for residential use:
Minimum average
No. of Minimum lot area lot width required
Units required (in Sq.Ft.) (in feet)
1-15 6000 + 1500 for each 60
additional unit over four
15 or more 22,500 + 900 for each 60
additional unit over
fifteen,
(b) The following regulations shall apply for platted lots of record, platted
prior to September 25, 1946:
1. If a lot has a width of less than forty (40) feet or a lot area of less
than four thousand (4000) square feet, it may be utilized only for a
single family dwelling.
2. If a lot has a minimum average width of at least forty (40) feet and
a minimum lot area of at least four thousand (4000) square feet, it
may be utilized for two (2) dwelling units.
3. If a lot has a minimum average width of at least fifty (50) feet and
a minimum lot area of at least five thousand (5000) square feet, it may
be utilized for three (3) dwelling units. In addition lots with a
minimum average width of at least fifty (50) feet may be utilized for
more than three (3) units, provided that neither the side nor rear
yards are used for parking surfaces or driveways, and provided that
at least fifteen hundred (1500) square feet of lot area exists for
each dwelling unit.
(2) Non -Residential Use.
(a) The lot area shall be at least ten thousand (10,000) square feet with a
minimum average width of one hundred (100) feet.
(3) A lot which has less width or less area than here and above required, which was
a platted lot of record prior to September 25, 1946, the date of Ordinance No.
3179, may be utilized for a multiple -family dwelling if it has an average width
of at least forty-five (45) feet and a lot area of at least forty-five hundred
(4500) square feet. If it has an average width of less than forty (40) feet,
or a lot area of less than four thousand (4,000) square feet, it may be utilized
only for a single-family dwelling. (ORD. 7624)
Section 3.- YARDS
(1) FRONT YARD: (ORD. 7508)
(a) Every lot shall have a front yard not less than twenty (20) feet in depth.
(2) SIDE YARD: (ORD. 7508)
(a) Every lot used for a one -family, two-family, or a multiple -family dwelling
shall have a side yard on each side, each of which shall have a width of
fifteen (15) percent of the width of the lot, provided that no side yard shall
be less than nine (9) feet nor required to be greater than eighteen (18) feet
in width for a building not exceeding a height of twenty-five (25) feet.
(b) On corner lots a side yard of at least fifteen (15) feet in width shall be
provided on the side of the lot abutting on the side street for buildings not
exceeding a height of twenty-five (25) feet.
(c) Every lot used for a non-residential use shall have a side yard on each side,
each of which shall be at least twenty (20) feet in width.
(d) The width of the above -required side yards shall be increased by one (1)
foot for every two (2) feet of building height above twenty-five (25) feet.
30.2 REV. 1-26-77
•
•
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(e) Side yards are not required for townhouses except as a side yard at least
ten (10) feet in width shall be provided between the end of a group of town-
houses and an interior side lot line, and a side yard at least fifteen (15) feet
in width shall be provided on the side of a lot abutting a side street. (ORD.
7557)
30.3 REV. 1-1-76
(3) REAR YARD: (ORD. 7508)
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth plus
an additional one (1) foot for each two (2) feet of building height above
twenty-five (25) feet.
Section.4.- HEIGHT (ORD. 8530)
Except as may be permitted pursuant to Paragraph (c), Subsection (6-B), Section 1 of this
Article, no building or structure, or part thereof, shall be erected or altered to a
height exceeding two (2) stories or twenty-five (25) feet except where parking is pro-
vided under the building, in which case the height shall not exceed thirty (30) feet.
Section 5.- FLOOR AREA RATIO (ORD. 7508)
The floor area ratio shall not exceed 0.60.
Section 6.- LOT COVERAGE (ORD. 7508)
The combined area occupied by all principal and accessory buildings shall not exceed
thirty (30) percent for buildings of a height less than twenty-five (25) feet and shall
not exceed twenty-eight (28) percent for buildings exceeding a height of twenty-five
(25) feet.
Section 7.- MINIMUM FLOOR AREA
(1)
(2)
The minimum floor
hundred and fifty
The minimum floor
(550) square feet
one (1) bedroom.
The minimum floor
(650) square feet
(1) bedroom.
The minimum floor area for an efficiency dwelling unit shall be 400 square feet
per unit. (ORD. 6987)
area for a one -family
(650) square feet per
area for an apartment
per dwelling unit for
or two-family dwelling shall be six
dwelling unit.
building shall be five hundred and fifty
dwelling units not containing more than
area for an apartment building shall be six hundred and fifty
per dwelling unit for dwelling units containing more than one
Section 8.- USABLE OPEN SPACE (ORD. 7508)
(1) For each dwelling unit a minimum of two -hundred (200) square feet of usable.
open space shall be provided on the site.
31 REV. 1-26-77
ARTICLE VII-1— LOW DENSITY APARTMENT R-3A. DISTRICT (ORD. 7824)
The R-3A Zoning District is intended to be a Low Density, spacious, attractively land-
scaped, multiple -family development that is compatible with any adjacent High Density
or Single -Family development. (ORD. 8073)
Section 1.— USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole, or in part, for other than one of the following specified uses:
(1) Any use permitted in an R-2 District subject to the USE, AREA, YARD, HEIGHT,
and MINIMUM FLOOR AREA REGULATIONS specified in said District.
(2) APARTMENTS at a density not in excess of one dwelling unit for each eighteen
hundred (1800) square feet of lot area.
(3) USES accessory to the above USES as -may be permitted by other provisions of
this Ordinance.
Section 2.— LIMITATIONS ON APARTMENT USE
(1) No individual structure shall exceed a length or width greater than sixty (60)
percent the depth or fifty (50) percent the width, respecively, and in no instance
shall the length or width exceed one hundred (100) feet.
(2) Any outside service and storage areas or facilities shall be properly screened from
view from any public right-of-way. (ORD. 8073)
(3) An open area at least five (5) feet in width, shall separate all buildings from
other uses of the site such as paved driveways, paved parking areas andother
service areas. This area shall be maintained in landscaping, walkways, patios,
terraces or similar type usage.
(4) Apartments shall be arranged and designed to be cognizant of the privacy needs
of the adjacent yard areas of any abutting R-1 or R-2 zoning district. (ORD. 8073)
Section 3.— AREA
Section 4.—
(1) APARTMENT USE
(a) The minimum lot area shall be ten thousand (10,000) square feet, and the
minimum street frontage shall be one hundred (100) feet.
YARDS
(1) FRONT YARD
(a) Every lot shall have a front yard not less than twenty (20) feet in depth.
(2) SIDE YARD
(a) Every lot used for apartment use shall have side yards with an aggregate
width of thirty-six (36) feet, each of which shall be at least fifteen (15) feet
in width for a building not exceeding a height of ten (10) feet. For buildings
exceeding a height of ten (10) feet, each side yard shall be at least eighteen
(18) feet and shall be increased one (1) foot for every two (2) feet of per-
mitted building height above twenty-five (25) feet.
(3) REAR YARD
(a) Every lot shall have a rear yard of not less than twenty (20) feet in depth,
plus an additional one (1) foot for each two (2) feet of permitted building
height above twenty-five feet.
(4) USE OF YARD AREAS (ORD. 8073)
(a) Off-street parking and driveways shall not occupy more than one-half (1/2)
the width and area of the required front yard.
(b) A solid textured masonry wall six (6) feet in height shall be required along
the rear property line, when a rear yard is adjoining an R-1 or R-2 zoning
district.
(c) When the rear yard abuts an R-1 or R-2 zoning district, no accessory uses
such as swimming pools or other common recreational facilities, except for
parking, shall be located within the required rear yard area.
32 REV. 2-1-73
Section 5.—
Section 6.—
Section 7.—
Section 8.—
HEIGHT
No building or structure, or part thereof, shall be erected or altered to a height
exceeding two (2) stories or twenty-five (25) feet except where parking is provided
under the building, in which case the height shall not exceed thirty (30) feet.
LOT COVERAGE
The combined area occupied by all principal and accessory buildings shall not exceed
twenty-five (25) per cent for buildings of a height less than twenty-five (25) feet and
shall not exceed twenty-three (23) per cent for buildings exceeding a height of twenty-
five (25) feet.
FLOOR AREA RATIO
The floor area ratio shall not exceed .50.
MINIMUM FLOOR AREA
(1) The minimum floor area for a dwelling unit containing only one (1) bedroom shall
be five hundred and fifty (550) square feet.
(2) The minimum floor area for a dwelling unit containing more than one (1) bedroom
shall be six hundred and fifty (650) feet.
(3) The minimum floor area for an efficiency dwelling unit shall be four hundred
(400) square feet.
Section 9.— USABLE OPEN SPACE
There shall be provided a minimum of three hundred (300) square feet of USABLE.
OPEN SPACE for each dwelling unit erected upon any site.
Section 10.— LANDSCAPING (ORD. 8073)
(1) All ground level usable open space required and/or provided shall be appro-
priately landscaped with trees, shrubs, hedges, or other acceptable landscape
material. A shade or flowering tree shall be provided on the average of every
fifty (50) feet on center along the width or length of any usable open space,
or for each one thousand (1,000) square feet of usable open space, whichever
requires the greatest number of trees. (ORD. 8238)
(2) When the rear or side yard is adjacent to an R-1 or R-2 yard area, a five (5) foot
landscaped area shall be provided along the rear property line adjacent to the
required wall, and shall be appropriately landscaped with a minimum of one (1)
shade or flowering tree, 8 to 10 feet in height when planted, for every fifty (50)
lineal feet of landscaped area. Other materials such as hedge and shrubs shall be
used to provide a continuous landscaped treatment the length of the required area.
Section 11— PRELIMINARY DEVELOPMENT PLAN REVIEW (ORD. 8073)
(1) Any development permitted by this Article shall be required to have the prelim-
inary development plan reviewed by the Planning Department. The purpose of
preliminary development plan review is to ascertain that development is in accord
with the intent of the district.
33 REV. 2-1-74
ARTICLE VIII- MEDIUM DENSITY MULTIPLE - R-4 DISTRICT
The following regulations shall apply in all R-4 Districts.
Section I. USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses:
(I) Any use permitted in the R-3 District, subject to the USE REGULATIONS specified in said
District. For a TOWNHOUSE DEVELOPMENT, the Yard, and Height regulations of the R-3
District shall also be applicable. (ORD. 7557)
(2) REPEALED. (ORD. 7914)
(3) REPEALED. (ORD. 7914)
(4) REPEALED. (ORD. 8066)
(5) REPEALED. (ORD. 8066)
(6) REPEALED. (ORD. 7914)
(7) REPEALED. (ORD. 7914)
(8) REPEALED. (ORD. 7914)
(9) Apartment building not exceeding a density of one (1) dwelling unit for each one thousand five
hundred (1,500) square feet of lot area for building containing from four (4) to fifteen (15) units
and a density of one (I) dwelling unit for each additional seven hundred and fifty (750) square
feet of lot area for buildings containing more than fifteen (15) units, provided that, in housing for
the elderly, the density shall not exceed one (I) dwelling unit for each six hundred (600) square
feet of lot area for buildins containing more than fifteen (15) units; (ORD. 8876)
(10) Villas and Bungalow Court. (ORD. 7508)
(II) The following USES, if approved as "CONDITIONAL USES":
(a) Docks and piers extending into Biscayne Bay a distance greater than twenty-five (25) feet
beyond the Dade County Bulkhead Line, subject to the limitations and conditions prescribed
by Section 23, of ARTICLE IV. (ORD. 7508)
(b) Hotels, Motels and Apartment -Hotels. (ORD. 7691).
(c) Hospitals, sanitariums, convalescent homes, nursing homes, substance abuse facilities non-
residential, medical or dental offices and clinics, and RESIDENTIAL GROUP HOMES FOR
THE DEVELOPMENTAL DISABILITIES (subject to the provisions of Article IV, Section 45).
(ORD. 8861)
(d) Orphanages, institutions for the aged, indigent or infirm. (ORD. 7914)
(e) Private clubs, lodge, fratenity, sorority, and other similar uses, not operated for profit.
(ORD. 7914)
(f) Institutions of an educational, philanthropic, or eleemosynary character not operated for
profit, other than penal or correctional institutions or vocational trade schools. (ORD.-
7914)
(g) Colleges and universities offering courses of study leading to an academic degree in
meeting the requirements of the Southern Association of Colleges and Secondary Schools.
(ORD. -7914)
(12) Uses accessory to the above uses not involving the conduct of business, trade, occupation or
profession unless otherwise specified in this Ordinance. (ORD. 7508)
Section 2.- AREA
(I) Residential Use (ORD. 8319)
(a) The following schedule of minimum lot areas and minimumaverage widths shall be required
for residential use:
Minimum Average
No. of Minimum Lot Area Lot Width Required
Units Required (in Sq. Ft.) ( in feet)
I -15 6000 + 1500 for each 60
additional unit over four
15 or more 22,500 + 750 for each 60
additional unit over
fifteen
(b) The following regulations shall apply for platted lots of record, platted prior to September
25, 1946:
If a lot has a width of .less than forty (40) feet and a lot of less than four thousand (4,000)
square feet, it may be utilized only for a single family dwelling. If a lot has a minimum
average width of at least forty (40) feet an a minimum lot area of at least four thousand
(4,000) square feet, it may be utilized for two (2) dwelling units.
If a lot has a minimum average width of at least fifty (50) feet and a minimum lot area of
at least five thousand (5,000) sqaure feet, it may be utilized for three (3) dwelling units.
If a lot has a minimum average width of at least fifty (50) feet, it may be utilized for more
than three (3) units, if neither the side or rear yards are used
34 REV. I-1-80
•
Section 3.—
•
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for parking surfaces or driveways and if at least fifteen hundred (1500) square
feet of lot area exist for each dwelling unit.
(2) Non -Residential Use.
(a) The lot area shall be at least ten thousand (10,000) square feet with a min-
imum average width of one -hundred (100) feet.
(3) REPEALED. (ORD. 8319)
YARDS
(1) FRONT YARD: (ORD. 7508)
(,a) Every lot shall have a front yard not Tess than twenty (20) feet in depth,
and in no instance shall any point on the building be closer to the centerline
of the front street than one-half (1) the height of said point above grade.
(2) SIDE YARD: (ORD. 7508)
(a) Every lot used for a one -family, two-family, or a multiple -family dwelling
shall have a side yard on each side, each of which shall have a width of
at least fifteen (15'%) percent of the width of the lot, provided that no side
yard shall be less than nine (9) feet nor required to be greater than
eighteen (18) feet in width for a building not exceeding a height of
twenty-five (25) feet.
34.1 REV. 1-1-75
(b) On corner Tots a side yard at least fifteen (15) feet in width shall be
provided on the side of the lot abutting on the side street for buildings
not exceeding a height of twenty-five (25) feet.
(c) Every lot used for a non-residential use shall have a side yard on each
side each of which shall be at least twenty (20) feet in width for buildings not
exceeding a height of twenty-five (25) feet.
(d) The width of the above -required side yards shall be increased by one (1)
foot for every two (2) feet of building height above twenty-five (25) feet.
Where a side lot line abuts a street, the side yard required shall in no case
be greater than twenty (20) feet, but no point on the building shall be
closer to the centerline of the side street than one-half (1/2) the height of
said point above grade.
(3) REAR YARD: (ORD. 7508)
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth plus
an additional one (1) foot for each two (2) feet of buildjng height above
twenty-five (25) feet.
(4) CREDIT FOR ADJACENT PUBLIC OPEN SPACE: (ORD. 7508)
(a) Where a lot abuts a public park, playground, cemetery, or body of water
at least one -hundred (100) feet in width, or is separated from such public
open space only by a public street, the yard required on the side of the lot
adjoining the public space for that portion of the building above •iwenty-five
(25) feet in height shall be reduced by an amount equal to the width of the
public open space, provided, however, that in no instance shall the required
yard area be reduced by more than one-half (1).
Section 4.— HEIGHT
There shall be no absolute height limits in this District, except as required by ARTICLE
IV, Section 37. (ORD. 7508)
Section 5.— FLOOR AREA RATIO (ORD. 7689)
The floor -area ratio shall not exceed 1.00 except as herein provided: The floor -area
ratio may be increased by 0.01 for every fifty (50) square feet of floor area that
the average dwelling unit size is increased above an average of seven hundred (700)
square feet per unit for any one development, but in no instance shall the floor -area
ratio exceed 1.10.
Section 6.— LOT COVERAGE (ORD. 7508)
The lot coverage permitted shall not exceed the following:
HEIGHT OF BUILDING PERCENT OF LOT AREA
20.0 feet or less 30%
20.1 feet to 30.0 feet 28%
30.1 feet to 40.0 feet 26%
40.1 feet to 50.0 feet 24%
50.1 feet to 60.0 feet 23%
60.1 feet to 70.0 feet 22%
70.1 feet to 80.0 feet 21 %
80.1 feet to 90.0 feet 20%
90.1 feet to 100.0 feet 19%
100.1 feet to 110.0 feet 18%
'Section 7.— MINIMUM FLOOR AREA
(1) The minimum floor area for a one -family or two-family dwelling shall be six
hundred and fifty (650) square feet per dwelling unit.
(2) The minimum floor area for a multiple dwelling shall be five hundred and fifty
(550) square feet per dwelling unit for dwelling units not containing more than
one (1) bedroom.
The minimum floor area for a multiple dwelling shall be six hundred and fifty
(650) square feet per dwelling unit for dwelling units containing more than one
(1) bedroom.
(3) The minimum floor area of a rental sleeping unit in a hotel, motel, tourist home,
or similar use, shall be one hundred and fifty (150) square feet per unit.
(4) The minimum floor area for an efficiency dwelling unit shall be 400 square
feet per unit. (ORD. 7024)
35 REV. 1-1-69
Section 8o USABLE OPEN SPACE (ORD. 7508)
(1) For each dwelling unit a minimum of two hundred (200) square feet of usable
open space shall be provided on the site.
36 REV. 1-1-69
ARTICLE IX -
LOW DENSITY PLANNED DEVELOPMENT - R-PD DISTRICT
(ORD. 7065)
The following regulations shall apply in all R-PD Districts:
Section 1.— PURPOSE OF DISTRICT
The R-PD District is intended for those locations in Low Density R-1, R-1A, R-1B and
R-2 Residential Districts where there is a need for allowing flexibility as to the design
and arrangement of buildings and structures and a need to regulate access and
circulation in order to preserve the character and natural habitat of an existing
neighborhood.
The proposed development must be designed to produce an environment of a stable
and desirable character and not out of harmony with the particular area. It is intended
by these provisions to establish a mode of planning which will give a superior quality
of housing and open space orientation as compared to the present zoning for such area
and must provide high standards for recreation areas, parking areas and service areas,
to meet the needs of the anticipated population or as specified in the Master Plan.
These objectives can only be defined in general terms and their realization can only
be obtained by review and specific approval of the development plans for each
development in such planned residential district.
Section 2.— USE REGULATIONS
(1) Single-family dwelling when applied to R-1, R-1A and R-1B Districts, not exceed-
ing a density of one (1) dwelling unit for each six thousand (6,000) square feet
of lot area. (ORD. 7508).
(2) Two family dwellings when applied to R-2 Districts, not exceeding a density of
one (1) dwelling unit for each three thousand (3,000) square feet of lot area.
(ORD. 7508).
(3) Uses accessory to .the above USE as may be permitted by other provisions of this
Ordinance. (ORD. 7508).
Section 3.— REPEALED (ORD. 7508)
Section 4.- APPROVAL OF DEVELOPMENT PLAN —ESTABLISHMENT OF
R-PD DISTRICT
(1) No building or structure shall be erected or altered, or land or water used,
nor shall any building permit be issued therefor unless and until the R-PD
District and necessary development plan is officially established and adopted
by the Commission.
(2) All buildings and/or structures shall be erected and maintained in full con-
formity with the development plan as approved for each R-P'D District.
The proposed development plan shall show the use(s), the dimensions, locations
and area of all use(s), streets, walkways, parks, school sites, and other open
spaces with such pertinent information as may be required by the Board and
Commission. The proposed development plan shall be prepared by and have
the seal of an Architect duly registered to practice in the State of Florida.
The applicant shall submit the development plan to the Plat & Street Committee
of the City of Miami and the Committee shall obtain written comments on the
proposed development plan from various Departments of the City of Miami
namely, Parks & Recreation, Building, Planning, Public Safety, Sanitation, Public
Works, Neighborhood Rehabilitation, Water & Sewers, and also obtain written
comment from the Power Company. The application, comments and the Com-
mittee's recommendation shall then be submitted to the Board.
In recommending upon and approving development plans, the Board and Commis-
sion shall consider the location, size, height, spacing, and extent of use of any
building or structure, and their appurtenances, access and circulation for vehicles
and pedestrians, streets, parking areas, yards and open spaces, and the relation-
ship to adjacent property. The Board shall not recommend, nor the Commission
adopt, such development plan unless it finds that such plan conforms to all
applicable provisions of this Ordinance, that the safety and convenience of the
public are properly provided for and that adequate protection and separation are
provided for contiguous and nearby residential property.
(3)
37 REV. 1-1-67
(4) There shall be required the recording of a final plat in such instances where other
provisions of this Ordinance or other laws or Ordinances require such recording.
(5) If said development plan contains no dedication to the public for streets or utilities
or should it be contemplated that the facilities of the City shall not be used for
maintenance of streets, sidewalks, water and sewer lines, garbage collection or
other related functions, then such owner shall be required to record with such
development plan an agreement that he will maintain same in compliance with the
minimum standards as established by the City of Miami and that should he fail to
maintain such standards in any of these respects, the City may, after ten days
notice to such owner, effect all necessary repairs or improvements as required to
maintain said minimum standards and the cost of all these necessary repairs or
improvement shall become an improvement lien upon the owner's property, and
enforceable with the same terms as for other municipal improvement liens.
(6) If said development plan contains areas designated for condominium purposes,
then such owner shall be required to record with said development plan an agree-
ment that will provide for the perpetual maintenance of said areas in compliance
with the minimum standards as established by the City of Miami.
Section 5.— AREA
The area for a Planned Development shall be at least five (5) acres of Net Development
Area as defined in Section 3 (1) hereinabove; however, such area may be platted
and/or developed in two or more stages, provided that said stages conform in all
respects with the over-all Planned Development.
Section 6.— YARDS
All yards shall be subject to the provisions of Section 4 of this Article, provided that
no less than a 20-ft. yard be provided as to all portions of the perimeter of the Planned
Development and, provided further, that a greater yard may be required where such
greater yard is provided for by other portions of this Ordinance.
Section 7.— HEIGHT
No building or structure, or part thereof, shall be erected or altered to a height ex-
ceeding two (2) stories. Said two (2) stories shall not exceed twenty-five (25) feet in
height, except where parking is provided under the building. Where parking is provided
under the building, and no dwelling units are on the ground level, the ground level
shall not be considered as a floor, but the total height of the building, in such instance
shall not exceed thirty (30) feet. (ORD. 7508).
Section 8.— LOT COVERAGE
The combined area occupied by all principal and accessory buildings shall not exceed
thirty-five percent (35%) of the area of the lot.
Section 9.— MINIMUM FLOOR AREA
The minimum floor area shall be six hundred and fifty (650) square feet per dwelling
unit.
Section 10.— ABANDONMENT AND EXPIRATION
Upon the abandonment of a Planned Development authorized under an amendment
herein provided or if upon the expiration of five (5) years from the zoning change so
enacted, the Planned Development has not been substantially completed (or substantially
commenced and an extension of time for completion granted) the change of zoning
shall be null and void. The land and structures thereon shall, be subject to all regulations
and limitations of the zoning district in which the Planned Development was originally
located.
38 REV. 1-1-67
ARTICLE X- HIGH DENSITY MULTIPLE - R-5 DISTRICT
The following regulations shall apply in all R-5 Districts:
ipSection 1.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used or land or water used in
whole or in part, for other than one or more of the following specified uses:
(I) Any use permitted in the R-3 District, subject to the USE REGULATIONS specified in said
District, for a TOWNHOUSE DEVELOPMENT, the Area, Yard and Height regulations of the R-3
District shall also be applicable. (ORD. 7557)
(2) REPEALED. (ORD. 8066)
(3) REPEALED. (ORD. 7914)
(4) Apartment building and apartment hotel not exceeding a density of one (I) dwelling unit for each
four hundred and fifty (450) square feet of lot area (Ordinance 7508) ; provided that, for housing
for the elderly, the density shall not exceed one (1) dwelling unit for each three hundred twenty-
five (325) square feet of lot area. (ORD 8777)
(5) Hotel, Motel, Tourist Home, Rooming House, Villas, Bungalow Court. (ORD. 7508)
(6) The following USES, if approved as "CONDITIONAL USES."
(a) Docks and piers extending into Biscayne Bay a distance greater than twenty-five (25) feet
beyond the Dade County Bulkhead Line, subject to the limitations and conditions of
ARTICLE IV. (ORD. 7508)
(b) Private club, lodge, fraternity, sorority, and other similar uses, not operated for profit.
(ORD. 7914)
(c) Restaurants operated in conjunction with apartment or office developments subject to the
provisions of Article IV, Section 20 (2) and (3). (ORD. 8132)
(d) Marine fuel pump, as an accessory use, in marinas with more than fifty (50) slips, provided
that no advertising signs are permitted and the facility is used exclusively by residents of
the site. (A certificate of use permit is required.) (ORD. 8483)
(e) Professional offices for accountants, tax consultants, engineers, lawyers, medical practi-
tioners licensed by the State of Florida, and other professions not involving the sale or
handling of merchandise on the premises and subject to the provisions of Article IV, Section
20 (5). (ORD. 8696)
(7) Uses accessory to the above uses not involving the conduct of any business, trade, occupation, or
profession, unless otherwise specified in this Ordinance. (ORD. 7508)
Section 2.-
AREA
(I) The lot area shall be at least ten thousand (10,000) square feet with a minimum average width of
one -hundred (100) feet.
(2) A lot which has less width or less area than here and above required, which was a platted lot of
record prior to September. 25, 1946, the date of Ordinance No. 3179, may be utilized for a
multiple -family dwelling if it has an average width of at least forty-five (45) feet, and a lot area
of at least forty-five hundred (4,500) square feet. If it has an average width of less than forty
(40) feet, or a lot area of less than four thousand (4,000) square feet, it may be utilized only for a
single-family dwelling. (ORD. 7624)
Section 3.- YARDS
(I) FRONT YARD: (ORD. 7508)
(a) Every lot shallhave a front yard not less than twenty (20) feet in depth, and in no instance
shall any point on the building be closer to the centerline of the front street than one-half
(Y2) the height of said point above grade.
(2) SIDE YARD: (ORD. 7508)
(a) Every lot used for a one -family, two-family, or a multiple -family dwelling shall have a side
yard on each side, each of which shall have a width of at least .fifteen (15) percent of the
width of the lot, provided that no side yard shall be less than nine (9) feet nor required to
be greater than eighteen (18) feet in width for a building not exceeding a height of twenty-
five (25) feet.
(b) On corner lots a side yard of at least fifteen (15) feet in width shall be provided on the side
of the lot abutting on the side street for buildings not exceeding a height of twenty-five
(25) feet.
(c) Every lot used for a non-residential use shall have a side yard on each side each of which
shall be at least twenty (20) feet in width for buildings not exceeding a height of twenty-
five feet.
39 REV. I -1-79
(d) The width of the above -required yards shall be increased by one (1)
foot for every two (2) feet of building height above twenty-five (25) feet.
Where ci side lot line abuts a street, the side yard required shall in no case
be greater than twenty (20) feet, but no point on the building shall be
closer to the centerline of the side street than one-half (1/2) the height of
said point above grade.
(3) REAR YARD. (ORD. 7508)
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth
39. i REV. 1-1-76
•
•
plus an additional one (1) foot for each two (2) feet of building height
above twenty-five (25) feet.
(4) CREDIT FOR ADJACENT PUBLIC OPEN SPACE: (ORD. 7508)
(a) Where a lot abuts a public park, playground, cemetery, or body of water at
least one -hundred (100) feet in width, or is separated from such public
open space only by a public street, the yard required on the side of the lot
adjoining the public space for that portion of the building above twenty-
five (25) feet in height shall be reduced by an amount equal to the width of
the public open space, provided, however, that in no instance shall the re-
quired yard area be reduced by more than one-half (1/2).
Section 4.- HEIGHT
There shall be no absolute height regulations in this District, except as required by
ARTICLE IV, Section 37. (ORD. 7508)
Section 5.- FLOOR AREA RATIO (ORD. 7689)
The floor -area ratio shall not exceed 2.00 except as herein provided: The floor -area
ratio may be increased by 0.02 for every fifty (50) square feet of floor area that
the average dwelling unit size is increased above an average of seven hundred (700)
square feet per unit for any one development, but in no instance shall the floor -area
ratio exceed 2.20.
Section 6.-
LOT COVERAGE (ORD. 7508)
The lot coverage permitted shall not exceed the following:
HEIGHT OF BUILDING PERCENT OF LOT AREA
20.0 feet or less 30%
20.1 feet to 30.0 feet 28%
30.1 feet to 40.0 feet 26%
40.1 feet to 50.0 feet 24%
50.1 feet to 60.0 feet 23%
60.1 feet to 70.0 feet 22%
70.1 feet to 80.0 feet 21%
80.1 feet to 90.0 feet 20%
90.1 feet to 100.0 feet 19%
100.1 feet to 110.0 feet 18%
110.1 feet to 120.0 feet 17%
120.1 feet to 130.0 feet 16%
130.1 feet to 140.0 feet 15%
140.1 feet to 150.0 feet 14%
150.1 feet to 160.0 feet 14%
160.1 feet to 170.0 feet 14%
170.1 feet to 180.0 feet 13%
180.1 feet to 190.0 feet 12%
190.1 feet to 200.0 feet 12%
200.1 feet to 210.0 feet 11%
210.1 feet to 220.0 feet 11%
220.1 feet to 230.0 feet 10%
230.1 feet to 240.0 feet 10%
240.1 feet to 250.0 feet 9%
250.1 feet to 260.0 feet 9%
260.1 feet to 270.0 feet 9%
270.1 feet to 280.0 feet 8%
280.1 feet to 290.0 feet 8%
290.1 feet to 300.0 feet 8%
Section 7.- MINIMUM FLOOR AREA
(1) The minimum floor area for a one -family or two-family dwelling shall be six
hundred and fifty (650) square feet per dwelling unit.
(2) The minimum floor area for a multiple dwelling shall be five hundred and fifty
(550) square feet per dwelling unit for dwelling units not containing more than
one (1) bedroom.
The minimum floor area for a multiple dwelling shall be six hundred and fifty
40 REV. 1-1-69
Section 8.—
•
(650) square feet per dwelling unit for dwelling units containing more than one
(1) bedroom.
(3) The minimum floor area of a rental sleeping unit in a hotel, motel, tourist home
or similar use shall be one hundred and fifty (150) square feet per unit.
(4) The minimum floor area for an efficiency dwelling unit shall be 400 square feet
per unit. (ORD. 7024)
USABLE OPEN SPACE (ORD. 7508)
(1) For each dwelling unit a minimum of two -hundred (200) square feet of usable
open space shall be provided on the site.
41 REV. 1-1-69
•
•
ARTICLE—X-1—
HIGH DENSITY MULTIPLE R-5A DISTRICT
The following regulations shall apply in all R-5A Districts:
(ORD. 7082)
Section 1.— USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used or land or
water used in whole or in part, for other than one or more of the following specified
uses:
(1) Any use permitted in an R-2 District, subject to the USE REGULATIONS specified
in said District.
(2) Apartment building not exceeding a density of one dwelling unit for each four
hundred and fifty (450) square feet of lot area, provided, however, that when a
lot is developed for apartment usage in an R-5A District which abuts a road that
is included in the State System of Primary Highways, a seventy (70) foot service
drive extending for the full length or width of the lot along such road and pro-
viding limited access thereto, shall be dedicated, in order to assure proper traffic
circulation to accommodate apartment development, as well as to afford to the
general public proper convenience and amenities, except that service drives may
be reduced in width or eliminated at the discretion of the Zoning Board, in a
District in which the overall street design for the District provides adequate access
and traffic circulation without the use of a service drive. (ORD. 7508) (ORD. 8225)
(2-A) The following USES, if approved as "CONDITIONAL USES": (ORD. 7357)
(a) Docks and piers extending into Biscayne Bay a distance greater than twenty-
five (25) feet beyond the Dade County Bulkhead Line subject to the limita-
tions and conditions prescribed by Section 23 of ARTICLE IV.
(b) Private clubs accessory to a permitted use of an apartment building con-
taining a minimum of 200 dwelling units. (ORD. 8065)
(c) Restaurants operated in conjunction with apartment or office developments
subject to the provisions of Article IV, Section 20, (2) and (3) (ORD. 8132)
(d) Marine fuel pump as an accessory use, in marinas with more than fifty (50)
slips, provided that no 'advertising signs are permitted and the facility is
used exclusively by residents of the site. (A certificate of use permit is
required.) (ORD. 8483)
(3) Uses accessory to the above uses not involving the conduct of any business, trade,
occupation, or profession, unless otherwise specified in this Ordinance.
Section 2.— AREA
Section 3.—
(1) The lot area shall be at least ten thousand (10,000) square feet with a minimum
average width of one hundred (100) feet.
(2) A lot which has less width or less area than here and above required, which was
a platted lot of record prior to September 25, 1946, the date of Ordinance No.
3179, may be utilized for a multiple -family dwelling if it has an average width of
at least forty-five (45) feet and a lot area of at least forty-five hundred (4500)
square feet. If it has an average width of less than forty (40) feet or a lot area of
less than four thousand (4,000) square feet, it may be utilized only for a single-
family dwelling. (ORD. 7624)
YARDS
(1) FRONT YARD:
(a) Every lot shall have a front yard not less than twenty (20) feet in depth,
except in instances where the lot abuts a service drive as referred to in Sec-
tion 1. (2) above. In such instance the front yard shall be not less than five
(5) feet in depth for the first thirty-two (32) feet of building height and at
least twenty (20) feet in depth for buildings in excess of thirty-two (32) feet
in height, and in no instance shall any point on the building above thirty-two
(,32) feet be closer to the centerline of the combined right-of-way of the
service drive and the contiguous road than one-half (1/2) the height of said
point above grade. (ORD. 7413)
42 REV. 1-1-76
•
(2) SIDE YARD: (ORD. 7508)
(a) Every lot used for a one -family, two-family, or a multiple -family dwelling
shall have a side yard on each side, each of which shall have a width of at
least fifteen (15) percent of the width of the lot, provided that no side yard
shall be less than nine (9) feet nor required to be greater than eighteen (18)
feet in width for a building not exceeding a height of twenty-five (25) feet.
(b) On corner lots a side yard at least fifteen (15) feet in width shall be pro-
vided on the side of the lot abutting on the side street for buildings not
exceeding a height of twenty-five (25) feet.
(c) The width of the above -required side yard shall be increased by one (1) foot
of every two (2) feet of building height above twenty-five (25) feet. Where
a side lot line abuts a street, the side yard required shall be in no case
42.1 REV. 1-1-76
•
•
Section 4.-
greater than twenty (20) feet, but no point on the building shall be closer
to the centerline of the side street than one-half (1/2) the height of said point
above grade.
(3) REAR YARD. (ORD. 7508)
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth plus
an additional one (1) foot for each two (2) feet of building height above
twenty-five (25) feet.
(4) CREDIT FOR ADJACENT PUBLIC OPEN SPACE: (ORD. 7508)
(a) Where a lot abuts a public park, playground, cemetery, or body of water at
least one -hundred (100) feet in width, or is separated from such public open
space only by a public street, the yard required on the side of the lot
adjoining the public space for that portion of the building above twenty-five
(25) feet in height shall be reduced by an amount equal to the width of the
public open space, provided, however, that in no instance shall the required
yard area be reduced by more than one-half (1/2).
HEIGHT (ORD. 7508)
There shall be no absolute height limits in this District, except as required by ARTICLE
IV, Section 37.
Section 5.- FLOOR AREA PATIO (ORD. 7689)
The floor -area ratio shall not exceed 2.00 except as herein provided: The floor -area
ratio may be increased by 0.02 for every fifty (50) square feet of floor area that
the average dwelling unit size is increased above an average of seven hundred (700)
square feet per unit for any one development, but in no instance shall the floor -area
ratio exceed 2.20.
Section 6.- LOT COVERAGE
The Lot coverage permitted shall not exceed the following: (ORD. 7508)
HEIGHT OF BUILDING PERCENT OF LOT AREA
20.0 feet or less 30%
20.1 feet to 30.0 feet 28%
30.1 feet to 40.0 feet 26%
40.1 feet to 50.0 feet 24%
50.1 feet to 60.0 feet 23%
60.1 feet to 70.0 feet 22%
70.1 feet to 80.0 feet 21%
80.1 feet to 90.0 feet 20%
90.1 feet to 100.0 feet 19%
100.1 feet to 110.0 feet 18%
110.1 feet to 120.0 feet 17%
120.1 feet to 130.0 feet 16%
130.1 feet to 140.0 feet 15%
140.1 feet to 150.0 feet 14%
150.1 feet to 160.0 feet 14%
160.1 feet to 170.0 feet 14%
170.1 feet to 180.0 feet 13%
180.1 feet to 190.0 feet 12%
190.1 feet to 200.0 feet 12%
200.1 feet to 210.0 feet (ORD. 8136) 11%
210.1 feet to 220.0 feet 11%
220.1 feet to 230.0 feet 10%
230.1 feet to 240.0 feet 10%
240.1 feet to 250.0 feet 9%
250.1 feet to 260.0 feet 9%
260.1 feet to 270.0 feet 9%
270.1 fee tto 280.0 feet 8%
280.1 feet to 290.0 feet 8%
290.1 feet to 300.00 feet 8%
Section 7.- MINIMUM FLOOR AREA
(1) The minimum floor area for a one -family or two-family dwelling shall be six
hundred and fifty (650) square feet per dwelling unit.
43 REV. 2-1-73
Section
•
•
(2) The minimum floor area for a multiple dwelling shall be five hundred and fifty
(550) square feet per dwelling unit for dwelling units not containing more than one
(1) bedroom.
(3) The minimum floor area for a multiple dwelling shall be six hundred and fifty
(650) square feet per dwelling unit for dwelling units containing more than one
(1) bedroom.
USABLE OPEN SPACE (ORD. 7508)
(1) For each dwelling unit a minimum of two -hundred (200) square feetof usable
open space shall be provided on the site.
44 REV. 1-1-69
ARTICLE XI- RESIDENTIAL -OFFICE - R-C DISTRICT
The following regulations shall apply in all R-C Districts.
Section I.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses:
(I) Any use permitted in an R-3 District, subject to the USE, AREA AND YARD regulations
specified in said District. (ORD. 7508)
(2) Apartment building not exceeding a density of one (I) dwelling unit for each one thousand five
hundred (1,500) square feet of lot area for buildings containing from four (4) to twelve (12) units
and a density of one (I) dwelling unit for each additional five hundred and fifty (550) square feet
of lot area for buildings contianing more than twelve (12) units, provided that, in housing for the
elderly, the density shall not exceed one (I) dwelling unit for each four hundred and fifty (4500)
square feet of lot area for buildings containing more than twelve (12) units; (ORD. 8877)
(3) Hotel, Motel, Tourist Homes, Rooming House, Villas, Bungalow Court. (ORD. 7580)
(4) REPEALED. (ORD. 8066)
(5) The following USES, if approved as "CONDITIONAL USES."
(a) Private club, lodge, fraternity, sorority and other similar uses, not operated for profit,
(ORD. 7914)
(b) Drive-in tellers. (ORD. 7952)
(c) Restaurants operated in conjunction with apartment or office developments subject to the
provisions of Article IV, Section 20, (2) and (3), (ORD. 8132)
(d) Marine fuel pump as an accessory use, in marinas with more than fifty (50) slips, provided
that no advertising signs are permitted and the facility is used exclusively by residents of
the site. (A certificate of use permit is required.) (ORD. 8483)
(e) Helistop provided that: I) the number of flights and equipment used shall nothave an
adverse impact upon the surrounding area and the area designated as the approach -
departure path; 2)-the landing and take -off area shall be securely fenced or walled so as to
prohibit public entry except as authorized by sponsoring persons, firms, or companies; 3)-
the landing and take -off area shall be surfaced and maintained so as to be free of any loose
material or debris; 4)-if considered appropriate, a curb and/or deflector barrier shall be
provided around the landing and take -off area to deflect the downwash created by any
helicopter. (ORD.-8629)
(6) Office for the conduct of real estate, mortgage financing, accountants, tax consultants,
enginners, dental ormedical (including Clinics), or office of other professions, or businesses, not
involving sale or handling of merchandise on the premises. (ORD. 7508)
(7) Banks and Finance Offices, exclusive of drive-in tellers. (ORD. 7952)
(7-A) Broadcasting Stations for Radio and Television. (ORD. 7581)
(7-B) Medical Reference Laboratories. (ORD. 7936)
(8) Accessory Uses and Structures. (ORD. 7508)
Section 2.- AREA (ORD. 8429)
( I) The lot area shall be a minimum of 6,000 square feet, minimum average width of 60 feet.
(2) The following schedule of minimum lot areas and minimum average widths shall be required for
residential use:
No of Minimum Lot Area Required Minimum Average Lot
Units (in sq. ft.) Width Required (in ft.)
I-12
12 or more
6000+1500 for each
additional unit over four.
18000 + 550 for each
additional unit over
twelve to a maximum of
72 units per acre.
60
60
(3) The following regulations shall apply for platted lots of record, platted prior to September 25,
946:
If a lot has an area of less than four thousand (4,000) square feet, it may be utilized only for a
single family dwelling.
If a lot has a minimum average width of at least forty (40) feet and a minimum lot area of at
least four thousand (4,000) square feet, it may be utilized for two (2) dwelling units.
If a lot has a minimum average width of at least fifty (50) feet and a minimum lot area of at
least five thousand (5,000) square feet, it may be utilized for three (3) dwelling units. Lots with
a minimum average width of at least fifty (50) feet may be utilized for more than three (3) units,
provided that neither the side nor rear yards are used for parking surfaces or driveways, and
provided that at least fifteen hundred (1,500) square feet of lot area exists for each dwelling
unit.
45 REV. I -1-80
Section 3.- YARDS
•
(I) Front Yard: (ORD. 7508)
(a) Every lot shall hove a front ycrd not less than twenty (20) feet in depth, and in no instance
shall any point on the building be cioser to the centerline of the front street than one-half
04) the height of said pointabove grade.
(2) Side Yard: (ORD. 7508)
(a) There shall be a side yard on each side, each of which shall have a width of at least fifteen
(15) percent of the width of the lot, provided that no side yard shall be less than nine (9)
feet nor required to be greater than eighteen (18) feet in width for a building not exceeding
a height of twenty-five (25) feet.
(b) On corner Tots a side yard at least fifteen (15) feet in width shall be provided on the side of
the lot abutting on the side street for buildings not exceeding a height of twenty-five (25)
feet.
(c) The width of the above -required side yard shall be increased by one (1) foot for every two
(2) feet of building height above twenty-five (25) feet. Where a side lot line abuts a street,
the side yard required shall in no case be greater than twenty (20) feet, but no point on the
building shall be closer to the centerline of the side street than one-half (f) the height of
said point above grade.
(3) Rear Yard: (ORD. 7508)
(a) Every lot shall hove a rear yard not less than twenty (20) feet in depth plus on additional
one (1) foot for each two (2) feet of building height above twenty-five (25) feet.
(4) Credit for Adjacent Public Open Space: (ORD. 7508)
(a) Where a lot abuts o public park, playground, cemetery, or body of water at least one -
hundred (100) feet in width, or is separated from such public open space only by a public
street, the yard required on the side of the lot adjoining the public open space for that
portion of the building above twenty-five (25) feet in height shall be reduced by an amount
equal to the width of the public open space, provided, however, that in no instance shall the
required yard area be reduced by more than one-half (i4).
45.1 REV. 1-1-78
Section 4.- HEIGHT
There shall be no absolute height limits in this District, except as required by ARTICLE
IV, Section 37 (ORD. 7508)
Section 5.- FLOOR AREA RATIO (ORD. 7689)
The floor -area ratio shall not exceed 1.50 except as herein provided. The floor -area
ratio may be increased by 0.015 for every fifty (50) square feet of floor area that
the average dwelling unit size is increased above an average of seven hundred (700)
square feet per unit for any one development, but in no instance shall the floor -area
ratio exceed 1.65.
Section 6.-
Section 7.-
Section 8.-
LOT COVERAGE (ORD. 7508)
The lot coverage permi
HEIGHT OF BUILDING
20.0
20.1
30.1
40.1
50.1
60.1
70.1
80.1
90.1
100.1
110.1
120.1
130.1
140.1
150.1
160.1
170.1
180.1
190.1
200.1
210.1
220.1
230.1
240.1
250.1
260.1
270.1
280.1
290.1
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
feet
tted shall not exceed the following:
or less
to 30.0 feet
to 40.0 feet
to 50.0 feet
to 60.0 feet
to 70.0 feet
to 80.0 feet
to 90.0 feet
to 100.0 feet
to 110.0 feet
to 120.0 feet
to 130.0 feet
to 140.0 feet
to 150.0 feet
to 160.0 feet
to 170.0 feet
to 180.0 feet
to 190.0 feet
to 200.0 feet
to 210.0 feet
to 220.0 feet
to 230.0 feet
to 240.0 feet
to 250.0 feet
to 260.0 feet
to 270.0 feet
to 280.0 feet
to 290.0 feet
to 300.0 feet
PERCENT OF LOT AREA
30%
28%
26%
24%
23%
22%
21%
20%
19%
18%
17%
16%
15%
14%
14%
14%
13%
12%
12%
11%
11%
10%
10%
9%
9%
9%
8%
8%
8%
MINIMUM FLOOR AREA (ORD. 7508)
(1) The minimum floor area for a one -family, or two-family dwelling shall be six -
hundred and fifty (650) square feet per dwelling unit.
(2) The minimum floor area for a multiple -dwelling shall be five -hundred and fifty
(550) square feet per dwelling unit for dwelling units not containing more than
one (1) bedroom. The minimum floor area for a multiple -dwelling shall be six -
hundred and fifty (650) square feet per dwelling unit for dwelling units con-
taining more than one (1) bedroom.
(3) The minimum floor area of a rental sleeping unit in a hotel, motel, tourist home
or similar use shall be one -hundred and fifty (150) square feet per unit.
(4) The minimum floor area for an efficiency dwelling unit shall be four -hundred
(400) square feet per unit.
USABLE OPEN SPACE
(1) For each dwelling unit a minimum of two -hundred (200) square feet of usable
open space shall be provided on the site.
46 REV. 1-1-69
ARTICLE XI-1— RESIDENTIAL -OFFICE — R-CA DISTRICT (ORD. 7133)
The following regulations shall apply in all R-CA Districts. -
Section 1.— USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than one or more of the following specified
uses:
(1) Any use permitted in the R-2 District, subject to the use, area, yard, minimum floor
area, and height regulations specified in said District. (ORD. 7459).
(2) Offices for the conduct of real estate, mortgage financing, insurance, or offices of
architects, attorneys, accountants, tax consultants, engineers, dental or medical
(including clinics) or offices of other professions or businesses not involving sale
or handling of merchandise on the premises; provided however in any building
utilized for offices the residential use shall be, limited to one dwelling unit.
(3) Accessory uses and structures.
Section 2.— AREA
The lot area shall be a minimum of six thousand (6,000) square feet with a minimum
average width of sixty (60) feet.
Section 3.— YARDS
(1) Front Yard:
(a) Every lot shall have a front yard not Tess than twenty (20) feet in depth.
(2) Side Yards:
(a) There shall be a side yard on each side, each of which shall have a width of
at least fifteen (15) percent of the width of the lot, provided that no side
yard shall be less than nine (9) feet in width nor shall a side yard be re-
quired greater than eighteen (18) feet in width. (ORD. 7508).
(b) On corner lots a side yard at least fifteen (15) feet shall be provided on the
side of the lot abutting on the side street.
(3) Rear Yard:
(a) Every lot shall have a rear yard not Tess than twenty (20) feet in depth.
Section 4.— HEIGHT
No non-residential building or structure, or part thereof, shall be erected or altered to
a height exceeding two (2) stories or twenty-five (25) feet except where parking is
provided under the building, in which case the height shall not exceed thirty (30) feet.
(ORD. 7508).
Section 5.— FLOOR AREA RATIO (ORD. 7508).
The floor area ratio shaft not exceed 0.60 for non-residential uses.
Section 6.— LOT COVERAGE (ORD. 7508).
The combined area occupied by all non-residential principal and accessory buildings
shall not exceed thirty (30) percent for buildings of a height less than twenty-five (25)
feet and shall not exceed twenty-eight (28) percent for buildings exceeding a height
of twenty-five (25) feet.
47 REV. 1-1-67
ARTICLE XI-2- RESIDENTIAL -OFFICE - R-CB DISTRICT (ORD. 7982)
PURPOSE
The purpose of this district is to: encourage quality office and multiple -family residential develop-
ment in spacious attractive landscaped settings and to preserve existing natural amenities and char-
acter of certain appropriate areas, for the general welfare of the public. Bonus provisions are included
in the regulations to promote the objective of the district.
The following regulations shall apply in all R-CB Districts:
Section I.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses:
(I) Any usepermitted in an R-3 District, subject to the USE, AREA, and YARD regulations specified
in said district.
(2) Apartment building and apartment hotel not exceeding a density of one (I) dwelling unit for each
six hundred (600) square feet of lot area.
(3) Hotel and Motel.
(4) Office for he conduct of real estate, mortgage financing, accountants, tax consultants,
engineers, dental or medical (including clinics), or office of other professions, or businesses not
involving sale or handling of merchandise on the premises.
(5) Bank and Finance Offices, exclusive of drive-in tellers.
(6) Broadcasting Stations for Radio and TV.
(7) The following USES if approved as CONDITIONAL USES:
(a) Parking lots, subject to the conditions of ARTICLE XXIII, Section 8 (I).
(b) Parking Garages.
(c) Private Club, Lodge, Fraternity, Sorority, and other similar uses not operated for profit.
(d) The following retail or service uses, when operated in conjunction with a permitted use, if
located on the ground floor level and entered through a common entrance, or, if arcaded
with a pedestrian walkway frorn the outside: drug store, newsstand, florist shop, gift and
card shop, delicatessen, bake shop, camera shop, barber shop and beauty parlor, laundry and
dry cleaning agency, duplication center, but not including type -setting and letter -press,
optical services, art galleries, travel agency, medical and dental laboratory, health spa,
stationery store, restaurants not restricted to the ground floor.
(e) Drive-in tellers.
(f) Helistop provided that: I) the number of flights and equipment used shall not have an
adverse impact upon the surrounding areaand the areadesignated as the approach -
departure path; 2) the landing and take -off area shall be securely fenced or walled so as to
prohibit public entry except as authorized by sponsoring persons, firms, or companies;
3) the landing and take -off area shall be surfaced and maintained so as to be free of. any
loose material or debris; 4) if considered appropriate, a curb and/or deflector barrier shall
be provided around the landing and take -off area to deflect the downwash created by any
helicopter. (ORD. 8629)
(8) Accessory USES and structures.
Section 2.- AREA
Lots containing less than ten thousand (10,000).square feet may be utilized for one family, two family,
or office use listed in Section 1 (4). To meet the intent of this District no variance shall be considered
that would reduce minimum yard requirements.
Section 3.- YARDS
(I) Front Yard:
(a) Every lot shall have a minimum front yard of twenty (20) feet.
(b) The depth of the front yard shall be increased by one (I) foot for each five (5) feet of
building height above thirty (30) feet and up to one hundred and fifty (150) feet.
(c) The depth of the front yard shall be increased by one (I) foot for each ten (10) feet of
additional building height above one hundred and fifty (150) feet.
(2) Side and Rear Yard:
(a) A side yard shall have a minimum width of fifteen (15) percent of the width of lot not to
exceed twenty (20) feet.
(b) A rear yard shall have a minimum depth of twenty (20) feet.
(c) The side and rear yard shall be increased by one (I) foot for each three (3) feet of building
height above thirty (30) and up to one hundred (100) feet.
(d) The side and rear yard shall be increased by one (1) foot for each five (5) feet of building
height above one hundred (100) and up to one hundred and fifty (150) feet.
47.1 REV. 1-1-78
(e) The side and rear yard shall be increased by one (1) foot for each ten (10)
feet of additional height above one hundred and fifty (150) feet.
(f) In the case where property under the same ownership is separated by a
public alley, and both parcels are part of a single development, the setback
for that side of any building along the alley shall be fifteen (15) feet from
the centerline of the alley.
(g) Where property not under the same ownership is separated by a public
alley, the minimum setback for the side of the building along the alley shall
be twenty (20) feet from the centerline of the alley. Increases in building
height above thirty (30) feet shall be governed by the provisions of (c), (d),
and (e), above.
(3) Side Street Yard.
(a) On corner lots there shall be a minimum side street yard of fifteen (15)
feet in width.
(b) The side street yard shall be increased by one (1) foot for each three (3)
feet of building height above fifty (50) and up to one hundred (100) feet.
(c) The side street yard shall be increased one (1) foot for each five (5) feet of
building height above one hundred (100) feet and up to one hundred and
fifty (150) feet.
(d) The side street yard shall be increased by one (1) foot for each ten (10)
feet of additional building height above one hundred and fifty (150) feet.
(4) Use of Required Yard Areas.
(a) No parking shall be permitted in any special yard established by ARTICLE
XXVI or in the first twenty (20) feet of the front yard and the first fifteen (15)
feet of the side street yard, and these areas shall be open, grassed and
landscaped, except for portions devoted to ingress and egress.
(b) When access to the lot is available from a side street, no access shall be
permitted to or from the front street. In the instance of double frontage, one
access drive not exceeding twenty (20) feet in width shall be permitted to the
front street.
Section 4.— HEIGHT
There shall be no absolute height limits in this District, except as required by
ARTICLE IV, Section 37.
Section 5.— FLOOR AREA RATIO
(1) The floor area ratio shall not exceed 1.50 except as herein provided.
(2) Floor area ratio may be increased by the following bonuses provided that
development plans are submitted to the Urban Development Review Board •.or
review, and then forwarded to the Zoning Board for public hearings. The bonuses
are accumulative and any or all bonuses may be used for calculating the maxi-
mum attainable floor area ratio. (ORD. 8225).
(a) For residential uses, the floor area ratio may be increased by 0.015 for
every fifty (50) square feet of floor area that the average dwelling unit size
is increased above an average of seven hundred (700) square feet per unit
for any one development.
(b) Lots having a depth of at least one hundred and fifty (150) feet measured
from any one street frontage, the floor area ratio may be increased on the
basis of said street frontage as follows:
Frontage in Feet F.A.R. Increases
100-149 .01
150-199 .02
200-249 .05
250-299 .09
300-349 .14
350-399 .20
400-449 .27
450-499 .35
500 and over .50
(c) Where the depth in (2) above exceeds three hundred (300) feet, the floor
area ratio may be increased by .10 for lots with a minimum street frontage
of one hundred and fifty (150) feet.
(d) When a minimum of 50 per cent or more of the required parking is placed
in an enclosed structure the floor area ratio may be increased by 0.25.
47.2 REV. 2-1-74
•
•
(e) The floor area ratio may be increased by 0.02 for each five (5) percent
increase of usable open space, over forty (40) per cent.
(f) For each one (1) square foot of ground level floor space, left open and
unenclosed by structure, an additional two (2) square feet of floor area is
permitted in the building.
(g) The floor area ratio may be increased by .01 for each twenty (20) lineal
feet of accessible landscaped bayfront or riverfront public easement for pe-
destrian purposes at least twenty (20) feet in width.
Section 6.- LOT COVERAGE
(1) The lot coverage permitted shall not exceed the following:
HEIGHT OF BUILDING PER CENT OF LOT AREA
30.0 feet or less 30%
30.1 feet to 40.0 feet 28%
40.1 feet to 50.0 feet 26%
50.1 feet to 60.0 feet 24%
60.1 feet to 70.0 feet 23%
70.1 feet to 80.0 feet 22%
80.1 feet to 90.0 feet 21%
90.1 feet to 100.0 feet 20%
100.1 feet to 110.0 feet 19%
110.1 feet to 120.0 feet 18%
120.1 feet to 130.0 feet 17%
130.1 feet to 140.0 feet 16%
140.1 feet to 170.0 feet 15%
170.1 feet to 180.0 feet 14%
180.1 feet to 200.0 feet 13%
200.1 feet to 220.0 feet 12%
220.1 feet to 240.0 feet 11 %
240.1 feet to 300.0 feet 10%
(2) A one (1) per cent increase in lot coverage may be permitted if at least thirty
(30) per cent of the ground floor is left open and unenclosed, and not used for
parking purposes.
Section 7.- MINIMUM FLOOR AREA
(1) The minimum floor area for a one -family, or two-family dwelling unit shall be
six hundred and fifty (650) square feet per dwelling unit.
(2) The minimum floor area for a multiple -dwelling shall be five hundred and fifty
(550) square feet per dwelling unit for dwelling units not containing more than
one (1) bedroom. The minimum floor area for a multiple -dwelling shall be six
hundred and fifty (650) square feet per dwelling unit for dwelling units con-
taining more than one (1) bedroom.
(3) The minimum floor area of a rental sleeping unit in a hotel and motel shall be
one hundred and fifty (150) square feet per unit.
(4) The minimum floor area for an efficiency dwelling unit shall be four hundred
(400) square feet.
Section 8.- USABLE OPEN SPACE
(1) For each dwelling unit a minimum of two hundred square feet of usable open
space shall be provided on the site.
Section 9.- STRUCTURE PARKING
(1)
Other than underground parking structures, the combined maximum lot coverage
for the principal building, and any accessory parking structure, shall not be more
than fifty (50) per cent of the total lot area, unless the lot is at least one hundred
and fifty (150) feet in width or depth, and forty-five thousand (45,000) square
feet in area, in which case lot coverage may be increased to fifty-five (55) per
cent; a one (1) per cent increase will be allowed for each additional seventy-five
hundred (7500) square feet of lot area up to a maximum of sixty (60) per cent
lot coverage. However, the principal building shall not exceed the established
lot coverage requirements. The remaining lot area shall be limited to access
drives, convenience parking, decorative landscaping and grassed areas, plazas,
and other amenities. The convenience parking area shall not exceed ten (10)
per cent of the lot area.
47.3 REV. 1-1-72
•
(2) Other than underground parking structures, accessory parking structures shall be
permitted to a height of thirty (30) feet to the top of the deck or the top deck
of the enclosing walls. Accessory parking structures, other than underground
parking structures, that are separated from the principal structure by at least
twenty (20) feet shall not be limited in height provided that the yard areas around
the principal structure(s) are maintained as landscaped usable open space; requir-
ed yards for the structure will be based upon the height of the accessory structure
and not the height of the principal building, with a minimum side yard setback
of ten (10) feet and a maximum height of thirty (30) feet; structures above ''This
height will be set back one (1) foot for every three (,3) feet above thirty (30)
feet; a passage -way of twenty (20) feet in width, or less connecting the principal
building and the accessory parking structure will be permitted. The passage -way
shall be open at ground level.
(3) Underground parking structures shall maintain a minimum setback of five (5)
feet from all side and rear lot lines and ten (10) feet from the front lot line.
Such structures shall not exceed a height of three (3) feet six (6) inches above
the average established grade of the abutting right-of-way. No parking shall be
permitted on top of that portion of the underground parking structure which is
above the established grade, and is within the required front and side street
yard areas.
(4) No parking shall be permitted on top of an accessory parking structure unless
the exposed deck is architecturally treated and a plan is submitted for review
by the Urban Development Review Board.
Section 10.— DEVELOPMENT PLAN REVIEW
(1) The purpose of Development Plan Review is to ascertain that development is
in accord with the intent of the District and for the benefit of the general
public. (ORD. 8238).
(2) Each application for approval of any floor area ratio bonus under Section 5 (2)
above, shall be accomplished by a development plan. The plan shall be submitted
to the Zoning Board for review by the Urban Development Review Board, and
their recommendation shall be submitted to the Zoning Board for public hearing.
The Urban Development Review Board may recommend adjustments in the siting
of the proposed structures as they relate to the required yard areas. (ORD. 8225).
Section 11.— REMOTE SITE PARKING
(1) Remote site parking is permitted under Conditional Use approval for any of
the required parking. Control of remote site parking is necessary to ensure proper
control of location, ingress and egress, and consideration of possible detrimental
effects to neighborhood property. Remote site lots shall be tied to the principal
site by a written agreement, assuring retention of the remote site for required,
parking. The agreement shall be properly drawn and executed by the parties
concerned, approved as to form and legality by the City Attorney and shall be
filed with the application for a building permit.
(2) Remote sites shall not be more than six hundred (600) feet from the main site.
(3) Remote sites may accommodate parking from more than one main site.
(4) Parking structures erected on a remote site shall not be governed by any lot
coverage requirements but shall conform to the yard provisions of Section 3,
and required yard areas shall be open, grassed and landscaped except for
those portions used for ingress and egress.
47.4 REV. 2-1-74
ARTICLE X1-3- RESIDENTIAL -OFFICE -COMMERCIAL, R-C-I DISTRICT (ORD. 7983)
PURPOSE
The purpose of this district is to provide a residential -office -commercial district that fosters
attractive landscaped open spaces, plazas and arcades and which provides flexibility of development to
enhance theurban environment for the enjoyment and welfare of the pedestrian and general public.
The commercial uses are intended to be a compatible part of the district that serve the needs of the
residential -office uses.
The following regulations shall apply to all R-C-I Districts:
Section I.- USE REGULATIONS
No building, structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than one of the following specified uses:
(I) Residential uses subject to the AREA, YARDS, FLOOR AREA RATIO, MINIMUM FLOOR AREA,
LOT COVERAGE, and USABLE OPEN SPACE, specified for the R-CB district.
(2) Hotel and Motel.
(3) Office for the conduct of real estate, mortgage financing, accountants, tax consultants,
engineers, dental or medical (including clinics), or office of other professions, or businesses not
involving sale or handling of merchandise on the premises.
(4) Bank and Finance Offices, exclusive of drive-in tellers.
(5) Broadcasting Stations for Radio and TV.
(6) The following retail or service uses:
Art Galleries, Art Supply Store, Bake Shop, Barber Shop, Beauty Parlor, Camera Shop, Deli-
catessen, Florist Shop, Gift and Card Shop, Health Spa, Jewelry Store, Laundry and Dry Cleaning
Agency, Medical and Dental Laboratory, Museum, Music Store, Newsstand, Optical Service,
Photographer, Stationery Store, Travel Agency.
(7) The following USES if approved as CONDITIONAL USES:
(a) Parking lots, subject to the conditions of ARTICLE XXIII, Section 8 (1).
(b) Parking Garages.
(c) Drive-in Tellers.
(d) Private, club, lodge, fraternity, sorority, and other similar uses, not operated for profit.
(e) Restaurants.
(f) Drug store.
(g) Book Store for use by the general public.
(h) Food, meat, fruit or vegetable market.
(i) Duplication center, not including typesetting and letterpress.
(j) Helistop provided that: I) the number of flights and equipment used shall not have an
adverse impact upon the surrounding area and the area designated as the approach -
departure path; 2) the landing and take -off area shall be securely fenced or walled so as to
prohibit public entry except as authorized by sponsoring persons, firms, or companies;
3) the landing and take -off area shall be surfaced and maintained so as to be free of any
loose material or debris; 4) if considered appropriate, a curb and/or deflector barrier shall
be provided around the landing and take -off area to deflect the downwash created by any
helicopter. (ORD. 8629)
(8) Accessory Uses or Structures.
Section 2.- LIMITATIONS ON USES
(I) All activities, .including sales, display, preparation and storage, shall be conducted entirely within
a completely enclosed building.
(2) No second-hand or used merchandise shall be offered for sale, displayed or stored.
(3) All products shall be sold at retail on the premises.
Section 3.- AREA
(1) There shall be no required area or width of lot.
Section 4.- YARDS
(I) Front Yard:
(a) Every lot shall have a minimum front yard of ten (10) feet for a building not exceeding one
story or fifteen (15) feet in height.
(b) The front yard area shall be increased by one (I) foot for each five (5) feet of building
height above twenty-five (25) feet and up to one hundred (100) feet.
(c) The front yard shall be increased by one (1) foot for each ten (10) feet of building height
above one hundred (100) feet.
47.5 REV. I-1-78
•
•
(2) Side and Rear Yards
(a) There shall be no basic side or rear yard required for buildings not exceed-
ing a height of one story or fifteen (15) feet, except where a lot in the R-C-1
District abuts a lot in any other "R" District, a basic yard of ten (10) feet
shall be provided on the side or rear portion of the property adjacent to the
"R" District.
(b) The side or rear yard shall be provided or be increased by one (1) foot for
each two (2) feet of building height above the height of the first story or
fifteen (15) feet and up to fifty (50) feet.
(c) The side or rear yard shall be increased by one (1) foot for each five (5)
feet of building height above fifty (50) feet and up to one hundred (100) feet.
(d) The side or rear yard shall be increased by one (1) foot for each ten (10)
feet of building height above one hundred (100) feet.
(3) Side Street Yard
(a) On corner lots there shall be a minimum side street yard of ten (10) feet
for the first story or fifteen (15) feet of building height.
(b) The side street yard shall be increased by one (1) foot for each five (5) feet
of building height above the height of the first story and up to one hundred
(100) feet.
(c) The side street yard shall be increased by one (1) foot for each ten (10) feet
of building height above one hundred (100) feet.
(4) Special Yard Requirements
(a) When at least thirty (30) per cent of the ground floor of a building is left
open and unenclosed, yard requirements shall be computed from the height
of the second story, instead of the first story.
(5) Use of Required Yard Areas
(a) No parking shall be permitted in any special yard established by Article
XXVI. The first twenty (20) feet of the front yard and the first fifteen (15)
feet of the side street yard shall be open, grassed, and landscaped, except
for portions devoted to ingress and egress.
(b) When access to the lot is available from a side street, no access shall be
permitted to or from the front street. In the instance of double frontage,
one access drive not exceeding twenty (20) feet in width shall be permitted
to the front street.
Section 5.— HEIGHT
There shall be no absolute height limits in this District, except as required by
ARTICLE IV, Section 37.
Section 6.— FLOOR AREA RATIO
The floor area ratio shall not exceed 2.0 except as herein provided.
(1) The floor area ratio may be increased by .01 for each two (2) per cent increase,
above ten (10) per cent, of the ground floor area of the building which is left
open, unenclosed, and not used for parking purposes.
(2) Floor area ratio may be increased by .01 for each twenty (20) lineal feet of
accessible bayfront or river -front landscaped public easement for pedestrian
purposes at least twenty (20) feet in width.
Section 7.— STRUCTURE PARKING
(1) Accessory parking structures except underground parking structures, shall be
subject to the same yard requirements as the principal structure.
(2) Underground parking structures shall maintain a minimum front setback of ten (10)
feet. Such structures shall not exceed a height of three (3) feet, six (6) inches
above the average established grade of the abutting right-of-way. No parking
shall be permitted on the top of that portion of the underground parking
structure which is above the established grade and is within the required front
yard.
(3) Other than underground parking structures, accessory parking structures that are
separated from the principal structure by at least twenty (20) feet shall not be
limited in height provided that the front and one side yard area around the
principal structure(s) are maintained and landscaped usable open space. The
required yard for the structure will be based upon the height of the accessory
parking structure and not on the height of the principal structure, with a minimum
47.6 REV. 1-1-72
setback of ten (10) feet from all lot lines and a maximum height of thirty-five
(35) feet structures above this height shall be, set back one (1) foot for every
two (2) feet above thirty-five (35) feet and up to fifty (50) feet; a passage -way
of twenty (20) feet in width, or less, connecting the principal structure and the
accessory parking structure will be permitted.
(4) No parking shall be permitted on top of an accessory parking structure unless
the exposed deck is architecturally treated and a plan is submitted for review
by the Urban Development Review Board.
Section 8.— DEVELOPMENT PLAN REVIEW
(1) The purpose of Development Plan Review is to ascertain that development is
in accord with the intent of the District and for the benefit of the general public.
(2) Each application for approval of (a) floor area ratio bonus, under Section 6
above, or (b) when proposed development deviates from required yard areas,
shall be accompanied by a development plan. The plan shall be submitted to the
Zoning Board for review by the Urban Development Review Board, and their
recommendations shall be transmitted to the Zoning Board for public hearing.
(ORD. 8225)
(3) The Urban Development Review Board may recommend adjustments in the
siting of proposed structures as they relate to the required yard areas.
47.7 REV. 1-1-72
ARTICLE XI-4- RESIDENTIAL -OFFICE, R-CC DISTRICT (ORD. 8592)
The following regulations shall apply in all R-CC Districts.
lib Section 1.- INTENT
The intent of this district is to provide opportunities for creating high quality low intensity profes-
sional office development in a compatible scale with a low intensity residential environment, and to
encourage through development bonus and site plan review provisions a compatible mixture of offices,
low density apartments, and necessity commercial services.
Section 2.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole, or in part, for other than one of the following specified uses:
(I) Any use permitted in an R-2 District subject to the USE, AREA, AND HEIGHT REGULATIONS
specified in said District.
(2) APARTMENTS at a density not in excess of one dwelling unit for each eighteen hundred (1,800)
square feet of lot area.
(3) Offices for the conduct of real estate, mortgage financing, insurance, or offices of architects,
attorneys, accountants, tax consultants, engineers, dental or medical offices or dental labora-
tories or offices of other professions or businesses not involving sale or handling of merchandise
on the premises.
(4) USES accessory to the above USES as may be permitted by other provisions of this Ordinance.
(5) The following uses if approved as a conditional use:
(a) Drug Stores
(b) Newsstand or Sundry
(c) Grocery
(d) Fruit or Vegetable Market
(e) Hardware or Marine Hardware
(f) Fish Market, Meat Market, or Delicatessen
(g) Shoe Repair
(h) Bakery Goods Shop
(i) Barber Shops, Beauty Parlors
(j) Dry Cleaning Agencies or Pressing Establishments
(k) Laundry Agencies
(I) Restaurant
(m) Record Shop. (ORD. 8873)
(n) An addition to a conforming or non -conforming building or structure which contains a non-
conforming commercial use subject to the provisions ofArticle XXVIII, Section I, (I), (a)
through (f) or Section 2, (2), (a), and or Section 2, (3), (a). (ORD. 8873)
Section 3.- LIMITATIONS ON USE
(I) Any outside service and storage areas or facilities shall be properly screened from view from any
public right-of-way.
(2) An open area at least three (3) feet in width, shall separate all buildings from other uses of the
site such as paved driveways, paved parking areas and other service areas. This area shall be
maintained in landscaping, walkways, patios, terraces or similar type uses.
(3) Uses shall be arranged and designed to be cognizant of the privacy needs of the adjacent yard
areas of any abutting R-1 or R-2 zoning district.
Section 4.- AREA
(I) The lot area for residential use or uses which have more than 70% of the total floor area devoted
to residential uses, shall be a minimum of ten thousand (10,000) square feet and the minimum
street frontage shall be one hundred (100) feet.
(2) The lot area for non-residential uses or any uses which have at least 30% of the total floor
devoted to non-residential uses, shall be a minimum of six thousand (6,000) square feet with a
minimum average width of sixty (60) feet.
Section 5.- YARDS
(1) Front Yard
(a) Every lot shall have a front yard not less than twenty (20) feet in depth.
(2) Side Yard
(a) There shall be a side yard on each side, each of which shall have a width of at least fifteen
(15) percent of the width of the lot, provided that no side yard shall be less than nine (9)
feet. The required side yard shall be increased one (I) foot for every two (2) feet of
building height above twenty-five feet, but in no case shall a side yard be required greater
than eighteen (18) feet in width.
47.8 REV. I -1-79
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ARTICLE XI-4 RESIDENTIAL -OFFICE, R-CC DISTRICT (ORD. 8592)
The following regulations shall apply in all R-CC Districts.
Section 1.- INTENT
The intent of this district is to provide opportunities for creating high quality low
intensity professional office development in a compatible scale with a low intensity
residential environment, and to encourage through development bonus and site plan
review provisions a compatible mixture of offices, low density apartments, and necessity
commercial services.
Section 2.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole, or in part, for other than one of the following specified uses:
(1) Any use permitted in an R-2 District subject to the USE, AREA, AND HEIGHT REGULA-
TIONS specified in said District.
(2) APARTMENTS at a density not in excess of one dwelling unit for each eighteen hundred
(1800) square feet of lot area.
(3) Offices for the conduct of real estate, mortgage financing, insurance, or offices of
architects, attorneys, accountants, tax consultants, engineers, dental or medical
offices or dental laboratories or offices of other professions or businesses not
involving sale or handling of merchandise on the premises.
(4) USES accessory tothe above USES as may be permitted by other provisions of this
Ordinance.
(5) The following uses if approved as a conditional use:
(a) Drug Stores
(b) Newsstand or Sundry
(c) Grocery
(d) Fruit or Vegetable Market
(e) Hardware or Marine Hardware
(f) Fish Market, Meat Market, or Delicatessen
(g) Shoe .Repair
(h) Bakery Goods Shop
(i) Barber Shops, Beauty Parlors
(j) Dry Cleaning Agencies or Pressing Establishments
(k) Laundry Agencies
(1) Restaurant
Section 3.- LIMITATIONS ON USE
(1)
(2)
(3)
Section 4.- AREA
(1)
(2)
Section 5.-
YARDS
(1)
(2)
Any outside service and storage areas or faciities shall be properly screened
from view from any public right-of-way.
An open area at least three (3) feet in width, shall separate all buildings from
other uses of the site such as paved driveways, paved parking areas and other
service areas. This area shall be maintained in landscaping, walkways, patios,
terraces or similar type uses.
Uses shall be arranged and designed to be cognizant of the privacy needs of the
adjacent yard areas of any abutting R-1 or R-2 zoning district.
The lot area for residential use or uses which have more than 70% of the total floor
area devoted to residential uses, shall be a minimum of ten thousand (10,000) square
feet and the minimum street frontage shall be one hundred (100) feet.
The lot area for non-residential uses or any uses which have at least 30% of the total
floor devoted to non-residential uses, shall be a minimum of six thousand (6,000)
square feet with a minimum average width of sixty (60) feet.
Front Yard
(a) Every lot shall have a front yard not less than twenty (20) feet in depth.
Side Yard
(a) There shall be a side yard on each side, each of which shall have a width of
at least fifteen (15) percent of the width of the lot, provided that no side
yard shall be less than nine (9) feet. The required side yard shall be in-
creased one (1) foot for every two (2) feet of building height above twenty-
five feet, but in no case shall a side yard be required greater than eighteen
(18) feet in width.
47.8 REV. 1-26-77
•
(b) On corner lots a side yard at least fifteen (15) feet in width shall be pro-
vided on the side of the lot abutting on the side street.
Rear Yard
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth,
which shall be increased one (1) foot in depth for every three (3) feet of
building height over 25 feet.
Use of Yard Areas
(a) Off-street parking and driveways shall not occupy more than one-half (1/2)
the width and area of the required front yard.
(b) A solid textured masonry wall six (6) feet in height shall be required along
theproperty line, when a yard is adjoining an R-1 or R-2 zoning district.
(c) When the yard abuts an R-1 or R-2 zoning district, no accessory uses such as
swimming pools or other common recreational facilities, except for parking,
shall be located within the required yard area.
Section 6.- HEIGHT
(1) No building or structure, or part thereof, shall be erected or altered to a height
exceeding three (3) stories or thirty-five (35) feet except where parking is pro-
vided under the building, in which case the height shall not exceed forty (40) feet.
Section 7.- LOT COVERAGE
(1) The combined area occupied by all principal and accessory buildings shall not
exceed the following:
HEIGHT OF BUILDING PERCENT. OF LOT AREA
25.0 feet or less
25.1 feet to 40.0 feet
30%
25%
Section 8.- FLOOR AREA RATIO
(1) The floor area ratio shall not exceed 0.50 for residential uses.
(2) The floor area ratio shall not exceed 0.60 for non-residential uses.
(3) The floor area ratio for all uses in a building shall not exceed 0.75.
Section 9.- MINIMUM FLOOR AREA
(1) The minimum floor area for a dwelling unit containing one (1) bedroom shall be
five hundred and fifty (550) square feet.
(2) The minimum floor area for a dwelling unit containing more than one (1) bedroom
shall be six hundred and fifty (650) square feet.
(3) The minimum floor area for an efficiency dwelling unit shall be four hundred (400)
square feet.
Section 10.- USABLE OPEN SPACE
(1) There shall be provided a minimum of four hundred (400) square feet of USABLE
OPEN SPACE for each dwelling unit erected upon any site.
Section 11.- LANDSCAPING
(1) All ground level open space required or provided shall be appropriately landscaped
with trees, shrubs, hedges or other landscape material. A shade or flowering tree
shall be provided on the average of every thirty (30) feet on center along the
width or length of any open space, or for each six hundred (600) square feet of
open space, whichever requires the greater number of trees.
(2) When the yard is adjacent to an R-1 or R-2 yard area, a five (5) foot landscaped
area shall be provided along the property line adjacent to the required wall, and
shall be appropriately landscaped as provided in paragraph 1 of this section.
Other materials, such as hedges and shrubs, shall be used to provide a continuous
landscaped treatment the length of the required area.
Section 12.- PARKING
(1) Off-street parking requirements for this district shall be as set forth in ARTICLE
XXIII, Section 4, except that when parking serves both non-residential and residen-
tial uses, the combined requirement for both uses shall equal the non-residential
parking requirements plus one space for each dwelling unit. In no case, however,
shall the combined parking requirements be less than the residential parking re-
quirement when computed separately.
47.9 REV. 1-26-77
•
Section 13.- SITE AND DEVELOPMENT PLAN APPROVAL
(1) Any development permitted by this Section shall be required to have the develop-
ment plan approved by the Planning Department, according to ARTICLE V, Section 41
of this Ordinance.
47.10 REV. 1-26-77
ARTICLE XII- LOCAL COMMERCIAL - C-I DISTRICT
The following regulations shall apply in all C-I Districts.
Section I.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part for other than one or more of the following specified uses in accordance with the
limitations hereinafter specified.
(I) Any use permitted in the R-C District subject to the USE, AREA, YARD, HEIGHT, LOT COVER-
AGE, MINIMUM FLOOR AREA AND USABLE OPEN SPACE regulations specified in said
District. (ORD. 7508)
(2) The following kinds of retail stores: Bookstores open to the General Public; Stationery; Con-
fectionery or Ice Cream; Drugs; Newsstand or Sundry; Florists; Fruit or Vegetables; Gifts;
Grocery; Hardware; Hobby; Home Appliance; Jewelry; Liquor Package; Meat Market or
Delicatessen; Music; Film Exchange and Photographic Supplies; Shoe; Clothing; China and
Crockery; Variety; Antique; Carpets; Rug and Floor Covering. (ORD. 8408)
(2-A) Amusement Events, Temporary. (ORD. 7267)
(a) Such use shall not be established for a period exceeding fifteen (15) days, nor shall any one
location be used within ninety (90) days for a similar purpose. (ORD. 8663)
(b) Such use may be established only after approval of the City Manager through appropriate
departments and after the necessary licenses, building permit and certificates of occupancy
have been obtained. (ORD. 8663)
(c) No alcoholic beverages may be sold on the premises. (ORD. 7716)
(d) Small tents shall be permitted only to carry on ride activities. (ORD. 7716)
(e) The City Manager, through the Director of the Building Department, shall be authorized to
establish required procedures for application for the necessary licenses, permits and
certificates and to attach any limitations or conditions deemed essential for the health and
general welfare of the public, including the prohibition of such use when determined to be
in conflict with, and/or in close proximity to a similarly scheduled use. (ORD. 8663)
(3) Art Supplies.
(4) Bakery Goods Shop.
(5) Banks and Finance Offices, exclusive of drive-in tellers. (ORD. 7953)
(6) Personal Service Shops such as Barber Shops, Beauty Parlors, and Shoe Polishing Stands..
(7) Dry Cleaning Agencies or Pressing Establishments.
(8) Clubs or Lodges, Fraternal or Religious Associations.
(9) The following uses when conducted within a building or portion thereof which has no openings on
any side adjacent to residentially zoned property, and which has all activities, other than retail
sales and display or office usage, confined either to the rear one-half of the ground floor, or to a
floor other than the ground floor. (ORD. 7310)
(a) Letter Service and Mimeographing.
(b) Custom Dressmaking, Millinery or Drapery Store, provided that no products are prepared
for the purpose of supplying other business located elsewhere.
(10) Laundry Agencies.
(I I) Leather Goods.
(12) Medical or Dental Offices and Clinics, Hospitals, Sanitariums (not including mental institutions),
Convalescent Homes and Nursing Homes.
(13) Offices -Professional or Business.
(14) Optical Stores.
(15) Photographers.
(lo) The sale and incidental servicing of Radio, Television, Phonographic and Home Appliances,
provided that: (ORD. 8555)
(a) The servicing of all appliances shall be confined to no more than the rear one-half of the
premises.
(b) The area of the building devoted to service activity shall be effectively screened from the
front portion of a building so as to not be viewed from any portion of the area of the
building devoted to sales or display.
(c) Areas for service trucks and loading and unloading activities shall be properly screened
with walls or landscaping from abutting residential areas.
(17) Restaurants, Tea Rooms or Cafes (excluding dancing or entertainment).
(18) Shoe Repair Shops.
(19) Sporting Goods.
(20) Tailor Shops.
(21) Art Galleries, Museums and Libraries.
(22) Parking lots and parking garages. (ORD. 8066)
(23) Watch and Jewelry Repair.
(24) Department Store.
(25) Furniture Store.
(26) Office Furniture and Equipment.
(27) Interior Decorating.
(28) Automobile Agencies (Sales and Display only).
48 REV. I -1-78
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(29) Repealed. (ORD. 7581)
(30) Ticket Agency.
(31) Telephone Exchange and Telegraph Office.
(31-A) Educational Institutions of a business, professional or scientific nature (classroom
or lecture instruction only), not including music school, trade school, nor any
school specializing in manual training shopwork, or in repair or maintenance of
machinery or mechanical equipment. (ORD. 7310)
(31-B) Medical or Dental Laboratory. (ORD. 7310)
(31-C) Employment Office. (ORD. 7310)
(31-D) Theater. (ORD. 7310)
(31-E) Substance abuse facilities — Non-residential. (ORD. 8389)
(31-F) Commercial marinas on non-residential sites, subject to the on -site parking, open
space, sanitary and safety provisions required in Article IV, Section 23, Sub-
section (8) of this Ordinance. (ORD. 8484)
(31-G) Wet dockage or moorage of vessels sixteen (16) feet and over in length, as an
accessory use to a principal residential use, provided that the total number of
slips does not exceed more than twenty (20) percent of the total number of
existing dwelling units in facilities with more than twenty (20) slips. An acces-
sory use permit is required for non -owned vessels sixteen (16) feet or over in
length. (ORD. 8484)
(31-H) Wet dockage or moorage of permanent live -aboard vessels, subject to the fol-
lowing density limitations. (ORD. 8484)
(a) On Vacant Sites. (ORD. 8484)
Maximum density permitted is the maximum use density allowed in the dis-
trict. The docking of one (1) or more permanent live -aboard vessels is sub-
ject to the on -site parking, open space, sanitary and safety provisions re-
quired in Article IV, Section 23, Sub -section (7) of this Ordinance.
(b) On sites with existing dwelling units. (ORD. 8484)
Maximum permitted is either the difference between the maximum use density
allowed in the district and the actual density of one (1) permanent live -
aboard vessel for every six thousand (6,000) square feet of lot area, which-
ever is less. In no case, shall the use density of the zoning districts be ex-
ceeded by the addition of permanent live -aboard vessels. The docking of
five (5) or more permanent live -aboard vessels is subject to the on -site
parking, open space, sanitary and safety provisions required in Article IV,
Section 23, Sub -section (8) of this Ordinance.
(31-1) Commercial boats, boat rentals, boats for hire, charter boats and sale of marine
fuel and supplies. (ORD. 8484)
(32) Accessory Uses and Structures.
(33) The following uses if approved as a CONDITIONAL USE:
(a) An addition to a conforming or non -conforming building or structure which
contains a non -conforming COMMERCIAL USE, subject to the provisions of
ARTICLE XXVIII, Section 1, (1) (a) through (f) or Section 2, (2) (a) and/or
Section 2, (3) (a). (ORD. 7121)
(b) Dance Studios. (ORD. 7153)
(c) Any use which is first listed as a permitted use in a C-2 District, when such
use is to be displaced by an expressway, provided that:
1. The applicant submits, with his application for a conditional use, a letter
from the condemning agency certifying that the property that the use is
located upon will be definitely acquired for expressway purposes.
2. The use relocated within 1500 feet of its prior location (ratio measurement).
3. In instances where a non -conforming use is displaced by an expressway
and replaced by a different non -conforming use as provided for by Article
XXVIII, Section 1, (5) (b), or Section 2, (1), (b). The subsequent noncon-
forming use of such property shall not be the subject of relocation as pro-
vided for hereinabove. (ORD. 7212) (ORD. 7296)
(d) Post Office. (ORD. 7543)
(e) COIN OPERATED LAUNDRIES —provided that: —A self-service laundry shall
not exceed, for all washing units combined, a total rated capacity of 500
pounds, and provided further that no machine shall exceed a rated capacity
of twenty-five (25) pounds. All vents and exhaust outlets which are used for
49 REV. 1-1-76
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removing fumes and/or heat from washers or dryers shall be confined either to the roof
area of a building, or to the portion of an exterior wall area which is eight (8) feet or more
above grade, and all such outlets shall be constructed so as to discharge in a vertical
direction. (ORD. 7625)
(f) Drive-in tellers. (ORD. 7953)
(g) Wet dockage or moorage of vessels sixteen (16) feet and over in length, representing more
than twenty (20) percent of the total number of existing dwelling units in accessory use
facilities with more than twenty (20) slips. (ORD. 8484)
(h) Automobile repair, service and maintenance facilities, as an accessory use in conjunction
with new automobile sales and display facilities as follows: (ORD. 8638)
I. In addition to the repair, servicing and maintenance of new and used vehicles, the
permitted uses hereunder contemplate upholstery, polishing, cleaning and pre -sale
dealer preparation services.
2. Paint and body shop operations and used car sales are prohibited.
3. Notwithstanding other provisions contained in this Article all permitted activities
shall be conducted within the interior of a structure, except for service writing,
parking, and automobile storage, which may be on open lots, but screened from public
view by walls and/or landscaping approved by the City Planning Department as a
result of site plan review.
(34) Other uses: Other uses or enterprises similar to the above, which, in the judgment of the Zoning
Supervisor of the Building Department are similar to and not more objectionable to the general
welfare, than the USES listed. "OTHER USES" so determined shall be regarded as listed uses. In
no instance, however, shall the Zoning Supervisor determine, nor the regulations be so inter-
preted, that a USE shall be permitted in a District when such USE is specifically listed as first
permissible in a less restricted District. (ORD. 7121)
Section 2.- LIMITATIONS ON USES
(I) Except for automobile parking lots, all activities, including sale, display, preparation and storage,
shall be conducted entirely within a completely enclosed building.
(2) No second hand or used merchandise shall be offered for sale, displayed or stored.
(3) All products shall be sold at retail on the premises.
Section 3. AREA
(1) Non -Residential Use.
(a) There shall be no required area or width of lot for non-residential uses.
Section 4.- YARDS
(I) Non -Residential Use.
(a) INTERIOR SIDE OR REAR YARDS - No interior side yard or rear yard shall be required,
except that, where a lot in a C-I District abuts a lot in an "R" District (Residential), a yard
of at least ten (10) feet in width shall be provided on the side adjacent to the "R" District.
In addition, the building shall be set back one (I) foot for every two (2) feet of building
height above twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(b) FRONT AND STREET -SIDE SETBACKS - In all instances, except as hereafter provided, a
minimum front setback of ten (10) feet for the first nine (9) feet of building height and a
minimum street -side setback of five (5) feet for the first nine (9) feet of building height,
shall be provided and maintained in accordance with the following requirements.
1. If not used for off-street parking, the required setback area shall be treated with
landscaping so as to present, in perpetuity, a neat and orderly appearance.
2. If used for parking, the required setback area shall be enclosed, except for permitted
driveway openings, by either a living hedge or a decorative wall of at least three (3)
feet in height. (ORD. 7558)
(c) Where a lot is adjoined by a building which has less than the above required setback, the
following exceptions shall be made: (ORD. 7558)
I. If the lot has a lot line dimension of less than fifty (50) feet abutting any street, then
the setback required along that particular street shall not be greater than the deeper
of either adjoining setback.
2. If the lot has a lot line dimension of fifty (50) feet or more abutting any street, but
not greater than sixty-five (65) feet, then the setback required along that particular
street shall not be greater than the deeper of any adjoining setback, unless such
adjoining setback is less than five (5) feet, in which case the required setback shall be
five (5) feet.
(d) In no instance shall any point on a building be closer to the centerline of a street than one-
half (14) the height of said point above grade. (ORD. 7662)
49.1 REV. 1-1-78
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Section 5.- HEIGHT
There shall be no absolute height limits in this District except as required by ARTICLE IV, Section 37.
(ORD. 7508)
Section 6.- FLOOR AREA RATIO (ORD. 7508)
The floor area ratio shall not exceed 2.0.
49.2 REV. I-1-78
ARTICLE XIII- PLANNED SHOPPING CENTER - C-1 A DISTRICTS
The following regulations shall apply in all C-1A Districts.
Section 1.— PURPOSE OF DISTRICT
The C-1A PLANNED SHOPPING CENTER DISTRICT is intended for locations where there
is a need for controlling the design and arrangement of buildings and structures, access
and circulation, and the relation to surrounding areas to provide for efficient functioning
of the shopping area and to insure adequate protection to adjacent and nearby resi-
dential areas. These objectives can only be defined in general terms, and their realiza-
tion can only be attained by review and specific approval of the site plans for each
development in such planned shopping center districts.
Section 2.— USE REGULATIONS
(1) Any USE permitted in C-1 Districts (excluding buildings or structures used for
dwelling purposes).
(2) GasolineStations, as defined by ARTICLE XIV, Section 1(21)(g). (ORD. 7856)
(3) COIN OPERATED LAUNDRIES — provided that: (ORD. 7623)
(a) Self -Service laundry machines shall not exceed, for all washing units com-
bined, a total rated capacity of 500 pounds and provided further that no
machine shall exceed a rated capacity of twenty-five (25) pounds.
(b) Self -Service dry cleaning machines shall not exceed, for all dry cleaning
units combined, a total capacity of forty (40) pounds, and provided further
that no machine shall exceed a rated capacity of ten (10) pounds and shall
be classified as a Class IV System, as defined by Florida Fire Prevention
Code, 1958, Sec. 80, 3d.
(c) All vents and exhaust outlets that are used for removing fumes and/or heat
from cleaners, washers, or dryers, shall be confined either to the roof area
of a building, or to the portion of an exterior wall area that is eight (8) feet.
or more above grade and all such outlets shall be constructed so as to dis-
charge in a vertical direction.
(4) Tire, Battery, and Accessory Store. Provided that a tire, battery and accessory
operation shall be limited to the lubricating of automobiles; the sale and installa-
tion of tires (including tube and tire repairing, wheel alignment and balancing),
batteries (including battery charging), and automobile parts and accessories.
-(including mufflers, tail pipes, shock absorbers, brakes and previously -made seat
covers). In no instance shall repair work, excepting tube and tire repairing, be
permitted; and further prohibiting parking of derelict cars. (ORD. 7181)
Section 3.— LIMITATIONS ON USES
(1) Except for automobile parking lots, all activities, including sale, display, prepara-
tion and storage shall be conducted entirely within a completely enclosed building.
(ORD. 7856)
(2) No second-hand or used merchandise shall be offered for sale, displayed or stored.
(3) All products shall be sold at retail on the premises.
Section 4.— APPROVAL OF DEVELOPMENT PLAN
(1) No building or structure shall be erected on or altered, or land or water used, nor
shall any building permit be issued therefor unless and until a development plan
for such building structure and/or use shall have been presented to and approved
by the Board and City Commission. (ORD. 7515)
(2) Any building, structure and/or use shall be erected, altered, installed and main-
tained in full conformity with the provisions of this Ordinance and with develop-
ment plans which have been approved by the Board and City Commission.
(ORD. 7515)
(3) In passing upon and approving development plans, the Board shall consider the
location, size, height, spacing, appearance, character and use of any building,
structure or use and their appurtenances, access and circulation for vehicles and
pedestrians, streets, parking areas, yards and open spaces, and the relationship
to adjacent property. The Board shall not approvve such development plan unless
50 REV. 1-1-71
it finds that such plan conforms to all applicable provisions of this Ordinance,
that the safety and convenience of the public are properly provided for and
that adequate protection and separation are provided for contiguous and nearby
residential property. The Board may attach to its approval of a development plan
any reasonable conditions, limitations or requirements which are found necessary
in its judgment to effectuate the purpose of this section and to carry out the spirit
and purpose of this Ordinance.
50.1 REV. 1-8-68
Section 5.—
(4) A development plan for the purposes of this section shall include, but not limited
to, the following plans, designs, specifications, and information.
(a) Site Plan with grades and contours.
(b) Elevations and floor plans of all buildings and structures.
(c) Location and character of all outside facilities for waste disposal.
(d) Alt curb cuts, driveways, parking areas, loading areas and surfacing materials,
of same.
(e) All pedestrian walks, malls, yards and open areas.
(f) Location, height and material of all walls, fences and screen planting.
(g) Location, size, character, height and orientation of all signs.
HEIGHT
,(1) No building or structure shall be erected or altered to a height exceeding six (6)
stories. (Said 6 stories not to exceed seventy-five (75) feet.)
5 1 REV. 1-1-67
ARTICLE XIV- .COMMUNITY COMMERCIAL - C-2 DISTRICT
The following regulations shall apply in all C-2 Districts.
Section I.- USE IEGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for
other than one or more of the following specified uses in accordance with the limitations hereafter
specified:
(I) Any use permitted in C-I Districts subject to the USE REGULATIONS specified in said District.
(2) The following kinds of retail stores:
Automobile new parts; equipment or accessories; bird store; aquarium, pet shop; boat, marine
motor sales and accessory; novelties or souvenir; nursery, shrub or plant; paint. (ORD. 7310)
(3) Auditorium.
(4) REPEALED. (ORD. 7854)
(5) Bars, saloons, taverns.
(6) Turkish Baths, Health Studio, Reducing Salons. (ORD. 8618)
(7) Bicycle Sales and Repairs.
(7-A) Leather goods, including the incidental sale and repair of used merchandise and/or the incidental
assembling of leather products to be sold at retail on the premises, provided that:
(a) The above assembling and repair activities shall be confined to the rear one-half of a
• building or portion thereof, and shall not occupy more than twenty-five (25) percent of the
total floor area of the building or portion thereof.
(b) The area of the building devoted to permitted assembling and repair activities shall be
effectively screened from the front portion of the building so as not to be viewed from any
portion of the area of the building devoted to sales or display. (ORD. 7308)
(8) Repeal. (ORD. 7310)
(9) Repeal. (ORD. 73I0)
(10) Commercial recreational establishments, including archery range, miniature golf course, and
trampoline center.
(I I ). ; Repeal. (ORD. 73 10)
(12) Ice retail storage house, not over five (5).tons capacity.
(13) COIN OPERATED LAUNDRIES - provided that: (ORD. 7623)
(a) Self -Service laundry machines shall not exceed, for all .washing units combined, a total
rated capacity of five hundred (500) pounds and provided further that no machine shall
exceed a rated capacity of twenty-five (25) pounds.
(b) Self -Service dry cleaning machines shall not exceed, for all dry cleaning units combined, a
total capacity of forty (40) pounds, and provided further that no machine shall exceed a
rated capacity of ten (10) pounds and shall be classified as a Class IV System, as defined by
Florida Fire.Prevention Code, 1958, Sec. 80, 3d.
(c) All vents and exhaust outlets that are used for removing fumes and/or heat from cleaners,
washers, or dryers, shall be confined either to the roof area of a building, or to the portion
of an exterior wall area that is eight (8) feet or more above grade and all such outlets shall
be constructed so as to discharge in a vertical direction. ,
52 REV. 1-1-77
s
•
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(13-A) Locksmith. (ORD. 7308)
(14) Repeal. (ORD. 7310)
(15) Music Conservatory;music instruction and dance studios.
(15-A) Photographic Development Laboratory. (ORD. 7308)
(16) Pool and billiard room.
(17)The sale and incidental servicing of radio, television, phonographic and home
appliances, provided that: (ORD. 7358)
(a) The servicing of appliances shall be confined to the rear one-half ofthe
premises.
(b) The area of the building devoted to service activity shall be effectively
screened from the front portion of a building so as to not be viewed from
any portion of the area of the building devoted to sales or display.
(18) Repeal. (ORD. 7310)
(18-A) Theatrical Studios. (ORD. 7308)
(19) Rescue Mission, or temporary revival. Church.
(20) Public utilities, including electric distribution sub -station, and the like.
(20-A) Orthotic and Prosthetic Surgical Appliance Outlets. - Retail. (ORD. 8531)
(21) The following USES if approved as a "CONDITIONAL- USE "
(a). Mortuary, Undertaker or Embalming' Establishment, and Funeral Home.
(b) Bowling Ailey.
(c) Charitable sale of second hand or used merchandise by non-profit
organizations. (ORD. 7308)
(d) Sale and display of monuments. (ORD. 7394)
(e) Dry Cleaning Establishments: (ORD. 7825)
1. A dry cleaning establishment shallnot use more than one (1) clothes
cleaning unit and which shall have a rated capacity of not more than
thirty-five (35) pounds.
2. All dry cleaning and related activities shall be solely for the retail
trade of the subject premises.
3. All vents and exhaust outlets that are used for removing fumes and/or
heat from cleaners, washers or dryers shall be confined either to the
roof area of a building or to the portion of an exterior wall area that
is 8' or more above grade, and all such outlets shall be constructed so
as to discharge in a vertical direction.
(f) Contractor's Office: (ORD. 7822)
1. Incidental storage shall be permitted provided that it is confined to the
rear one-half of a building or portion thereof and shall not occupy more
than 50% of the total floor area of the buildingor portion thereof.
2. No outside storage of materials or equipment.
3. No other activities such as sales of products or materials, or rentals of
equipment.
(g) Gasoline stations limited to the following activities: Dispensing of gasoline
and motor oil; incidental automotive services such as washing, cleaning,
polishing, battery charging, lubrication, brake adjustment, and transmission
adjustment; minor automotive repair work such as tires, brake, ignition and
cooling systems, and accessory parts; incidental replacement of automotive
items such as tires, batteries, windshield wipers, and minor engine parts;
and incidental sales of automotive accessories and ornamental parts such -as
mirrors, floor mats, polishes, solvents, and other related fluids and oils.
Gasoline station activities in this District shall not include: major auto-
motive repair activities such as engine and transmission overhauling and re-
building, paint and body work, major parts replacement; automobile, truck and
trailer rentals, new and used vehicle sales; and commercial vehicle storage.
(ORD. 7854)
(h) Supper Clubs subject to the parking requirements set forth in Article XXIII,
Section 4, Paragraph (24-A), and provided that when the parking facilities
for a Supper Club are adjacent to a residential use, a landscaped area of
at least five (5) feet in width shall be provided along the lot line between
the parking facilities and the residential use and shall contain a solid and
decorative wall of at least five (5) feet in height and other appropriate
screening and landscape materials. Supper Clubs shall be operated in accord
with other applicable codes and ordinances. (ORD..8200)
53 REV. 1-26-77
(22) Accessory USES and Structures.
(23) Other uses: Other uses or enterprises similar to the above, which, in the judgment
of the Zoning Supervisor of the Building Department are similar to and not more
objectionable to the general welfare, than the USES listed. "OTHER USES" so
determined shall be regarded as "LISTED USES." In no instance, however, shall
the Zoning Inspector determine, nor the regulations be so interpreted, that a
USE shall be permitted in a District when such USE is specifically listed as first
permissible in a less restricted District.
Section 2.— LIMITATIONS ON USES
(1) Except for automobile parking lots and commercial recreational establishments,
all activities including sale, display, preparation and storage shall be conducted
entirely within a completely enclosed building. (ORD. 7856)
(2) No second hand or used merchandise shall be offered for sale, displayed or
stored, except in antique shops as specifically listed in Section 1 of this Article.
(ORD. 7308)
(3) All products shall be sold at retail on the premises.
Section 3.— AREA
(1) Non -Residential Use.
(a) There shall be no required area or width of lot for non-residential use.
Section 4.—
YARDS
(1) Non -Residential Use.
(a) INTERIOR SIDE OR REAR YARDS —No interior side yard or rear yard shall
be required, except that, where a lot in a C-2 District abuts a lot in an "R"
District (Residential), a yard of at least ten (10) feet in width shall be pro-
vided on the side adjacent to the "R" District. In addition, the building shall
be set back one (1) foot for every two (2) feet of building height above
twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(b) FRONT AND STREET SIDE SETBACKS — In all instances, except as hereafter
provided, a minimum front street -side setback of ten (10) feet for the first
nine (9) feet of building height and a minimum street setback of five (5) feet
for the first nine (9) feet of building height, shall be provided and main-
tained in accordance with the following requirements: (ORD. 7558)
1. If not used for off-street parking, the required setback area shall be
treated with landscaping so as to present, in perpetuity, a neat and
orderly appearance.
2. If used for parking, the required setback area shall be enclosed except
for permitted driveway opening, by either a living hedge or a decorative
wall of at least three (3) feet in height.
(c) Where a lot is adjoined by a building which has less than the above required
setback, the following exceptions shall be made: (ORD. 7558)
1. If the lot has a lot line dimension of less than fifty (50) feet abutting any
street, then the setback required along that particular street shall not be
greater than the deeper of either adjoining setback.
2. If the lot has a lot line dimension of fifty (50) feet or more abutting any
street, but no greater than sixty-five (65) feet, then the setback required
along that particular street shall not be greater than the deeper of any
adjoining setback, unless such adjoining setback is less than five (5) feet,
in which case the required setback shall be five (5) feet.
(d) In no instance shall any point on a building be closer to the centerline of a
street than one-half ('/2) the height of said point above grade. (ORD. 7662)
Section 5.— HEIGHT
There shall be no absolute height limits in this District except as required by ARTICLE
IV, Section 37. (ORD. 7508)
Section 6.— FLOOR AREA RATIO (ORD. 7508)
The floor area ratio shall not exceed 2.0.
53.1
REV. 2-1-74
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ARTICLE XIV-1—
SPECIAL COMMUNITY COMMERCIAL — C-2A DISTRICT
(ORD. 8382)
Section 1.— INTENT
It is the purpose of the Special Community Commercial District to promote the develop-
ment of commercial areas which have a unique mixture of land uses and special design
character. This district is intended to strengthen and promote the special use and
scale interrelationships between retail commercial land uses and pedestrian activity;
to maintain continuity of prime retail, service and related use frontage; to encourage
innovative site planning and architectural design; to encourage those activities which
generate an active pedestrian street life; to create opportunities for combining resi-
dential and commercial uses; and to preserve and promote cultural arts facilities for
the general public welfare and amenity.
Section 2.— USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part for other than one or more of the following speci-
fied uses in accordance with limitations hereinafter specified.
(1) Any use permitted in the R-4 district subject to the Minimum Floor Area and
Useable Open Space Regulations specified in said district.
(2) Antiques.
(3) Art Galleries, Museums and Libraries.
(4) Art, Music and Dance Studios.
(5) Art Supplies.
(6) Bakery Goods Shop.
(7) Banks and Finance Offices.
(8) Bicycle Sales and Repairs.
(9) Boat Accessories.
(10) Book and Stationery Store open to the general public.
(11) Chess, Pool and Billiard Halls.
(12) China and Crockery.
(13) Confectionery or Ice Cream Store.
(14) Clothing.
(15) Custom Dressmaking, Millinery or Drapery Store, provided that no products are
prepared for the purpose of supplying other businesses located elsewhere.
(16) Dry Cleaning Agencies or Pressing Establishments.
(17) Drug Stores.
(18) Employment Office.
(19) Film Exchange and Photographic Supplies.
(20) Florists, including Plant and Shrub Sales.
(21) Fruit and Vegetable.
(22) Gifts.
(23) Grocery.
(24) Hardware.
(25) Health Studios.
(26) Hobby.
(27) Home Appliance.
(28) Interior Decorating.
(29) Jewelry and Watch Sales, Repair and Service.
(30) Laundry Agencies.
(.31) Letter Service and Mimeographing.
(32) Leather Goods — Sales and Incidental Assembly and Repair.
(33) Liquor Package.
(34) Locksmith.
(35) Medical or Dental Laboratory.
(36) Medical or Dental Offices and Clinics.
(37) Meat Market or Delicatessen.
(38) Music.
(39) Newsstand or Sundry.
(40) Office Supplies.
(41) Offices — Professional or Business.
(42) Optical Stores.
53.2 REV. 1-1-76
(43) Personal Service Shops such as Barber Shops, Beauty Parlors, and Shoe Polishing Stands.
(44) Pet Shops.
(45) Photographers.
(46) Real Estate.
(47) Religious Associations.
(48) Restaurants, Tea Rooms or Cafes (including outdoor cafes and dining areas).
(49) Shoe Repair Shop.
(50) Sporting Goods.
(51) Tailor Shops.
(52) Telegraph Office.
(53) Theatrical Studios.
(54) Ticket Agency.
(55) Variety.
(56) Sale and incidental servicing of Radio, Television, Phonograph, and Home Appliances, provided
that:
(a) All servicing shall be confined to the rear one-half of the premises.
(b) The area of the building devoted to service activity shall be effectively screened from the
front portion of a building so as to not be viewed from any portion of the area of the
building devoted to sales or display.
(57) The following USES if approved as a CONDITIONAL USE:
(a) Theatres.
(b) Charitable sale of second hand or used merchandise by non-profit organizations.
(c) Coin operated Laundries - provided that:
I. Self-service laundry machines shall not exceed, for all washing units combined, a
total rated capacity of 500 pounds and provided further that no machine shall exceed
a rated capacity of twenty-five (25) pounds.
2. Self-service dry cleaning machines shall not exceed, for all dry cleaning units com-
bined, a total capacity of forty (40) pounds, and provided further that no machine
shall exceed rated capacity of ten (10) pounds and shall be classified as a Class IV
system, as defined by Florida Fire Prevention Code, 1958, Section 80,3d.
(d) Dry Cleaning Establishments:
1. Any dry cleaning establishment shall not use more than one (1) clothes cleaning unit
and which shall have a rated capacity of not more than thirty-five (35) pounds.
2. All dry cleaning and related activities shall be solely for the retail trade of the
subject premises.
3. All vents and exhaust outlets that are used for removing fumes and/or heat from
cleaners, washers or dryers shall be confined either to the roof area of a building or
the portion of an exterior wall area that is 8 feet or more above grade, and all such
outlets shall be constructed so as to discharge in a vertical direction.
(e) Gasoline stations limited to the following activities: Dispensing of gasoline and motor oil,
incidental automotive services such as washing, cleaning, polishing, battery charging,
lubrication, brake adjustment and transmission adjustment, minor automotive repair work
such cis tires, brakes, ignition and cooling systems, and accessory parts, incidental replace-
ment of automotive items such as tires, batteries, windshield wipers, and minor engine
parts, and incidental sales of automotive accessories and ornamental parts such as mirrors,
floor mats, polishes, solvents and other related fluids and oils.
Gasoline station activities in district shall not include: transmission overhauling and re -
buildings, paint and body work, major parts replacement, automobile, truck and trailer
rentals, new and used vehicle sales and commercial vehicle storage.
(f) Mortuary, Undertaker or Embalming Establishments and Funeral Homes.
(g) Lodges, Fraternity or Sorority Houses not used for profit.
(h) Bars, Taverns, Saloons or Private Clubs.
(i) Automobile parking lots and parking garages.
(j) Any ground floor level offices including banks and finance offices, employment offices,
medical or dental laboratories, medical or dental offices or clinics, offices - professional or
business, and real estate and ticket agencies, within the restricted frontage on designated
pedestrian streets, as specified in Section 4, paragraph (I) (a). (ORD 8767)
(k) Wholesale marine motors, parts, accessories sales: (ORD. 8529)
I. Interior storage shall be permitted provided that it is confined to the rear one-half or
portion thereof of the first floor of the building, and shall not occupy more than 75%
of the total floor area of the building. (ORD. 8529)
(I) Supper Clubs. (ORD. 8616)
(58) Accessory Uses and Structures.
(59) Other Uses: Other uses or enterprises similar to the above which, in the judg-
53.3 REV. I -1'-79
ment of the Zoning Supervisor of the Building Department are consistent with the intent of the
District and are not more objectionable to the general welfare than the uses listed.
"Other Uses" so determined shall be regarded as "Listed Uses." In no instance, however, shall the
Zoning Inspector determine, nor the regulations be so interpreted, that a use shall be permitted
in a district when such use is specifically listed as first permissible in a less restrictive district.
Section 3.- LIMITATIONS ON USES
(1) All activities including retail sales, displays, food preparation areas, and storage shall be con-
ducted entirely within a completely enclosed building with the exception of the following uses:
(a) Automobile parking lots.
(b) Arts and crafts exhibits including demonstrations and performances.
(c) Restaurant dining areas with table service.
(d) Sale of flowers, plants and shrubs.
(e) Sale of objects of art, handicrafts but no mass produced items.
(2) All products shall be sold at retail on the premises.,
(3) No second hand or used merchandise shall be offered for sale, displayed or stored, except in
antique shops, art galleries, used books or sales by charitable organizations as specifically listed
in Section 2 of this Article.
Section 4.- PEDESTRIAN STREET
(I) Notwithstanding any other provisions of this district, where a lot with frontage on a street is
listed in paragraph (2) of this section, development of that lot shall provide:
(a) At least 65% of such frontage shall be allocated for ground level occupancy by permitted
uses listed in Section 2 of this district excluding residential uses; ground floor level offices
including banks and finance offices, employment offices, medical or dental laboratories,
medical or dental offices or clinics, offices -professional or business, and real estate and
ticket agencies, within the 65% restricted frontage may be permitted only as conditional
uses. The remainder of such frontage may be devoted to any business or professional
offices or residential uses, to building entrances, lobbies, through block connections or
other pedestrian spaces, or to escalators or stairs providing public access to other levels, or
to access drives to parking facilities. If two or more sides of any property are designated
as a "pedestrian street," such as a corner lot, the provisions of this paragraph shall apply
only to that side which may be termed the front. (ORD 8767)
(b) A minimum front and side street yard area of ten (10) feet and a maximum of twenty (20)
feet in depth shall be provided. A building wall may encroach upon the required front or
side street yard area, if a space equal to that displaced by such encroachment is provided
as a courtyard, plaza or other such ground level public space, accessible to the general
public during normal business hours. Up to 2/3 of the public space as provided by required
yard areas, may be utilized for outdoor dining, flower and handicraft and art displays and
sales as provided for in Section (3), paragraph (I) of this district.
(c) Notwithstanding other provisions of this ordinance, on designated pedestrian streets, 100%
of the required open space for residential uses as specified by Section - (I) of this district
may be provided at ground level or as upper level deck, roof or terrace space, except that
in no case shall more than 20% of the required open space be provided at a level above
twenty-five (25) feet in height.
(d) All ground level public space, yard areas and required open space shall be landscaped with a
minimum of one shade tree for every thirty (30) feet of lot frontage or portion thereof, or
every six hundred (600) square feet of area, whichever requires the greatest number of
trees.
(2) The provisions of this section apply to all lots with the following street frontages:
(a) Frontage on both sides of Grand Avenue from Douglas Road to Plaza Street, and from
Margaret Street to Mary Street.
(b) Frontage on the northwest side of Main Highway from Franklin Avenue to Grand Avenue,
and on the southeast side from Fuller Street to Grand Avenue.
(c) Frontage on both sides of McFarlane Road from Main Highway to Bayshore Drive,
coincidentwith the C-2A zone.
53.4 REV. I-1-79
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(d) Frontage on both sides of Commodore Plaza.
(e) Frontage on both sides of Fuller Street.
(f) Frontage on both sides of Virginia Street from Grand Avenue to Oak Street.
(g) Frontage on both sides of Florida Street from Virginia Street to Mary Street.
(h) Frontage on both sides of Rice Street from Grand Avenue to Oak Street.
(i) Frontage on both sides of Bird Road from Mary Street to 27th Avenue.
Section 5.- AREA
(1) Residential Use:
(a) The lot area for residential uses or uses which have more than 75% of the total floor area
devoted to residential uses, shall be at least six thousand (6,000) square feet with a
minimum average width of sixty (60) feet.
(2) Non -Residential Use:
(a) There shall be no required area or width of lot for non-residential uses or uses which have
at least 25% of the total floor area devoted to non-residential uses.
Section 6.- YARDS
(I) Interior side or rear yards - No interior side or rear yard shall be required, except that, where a
lot in a C-2A district abuts a lot in an "R" district (Residential) a yard of at least ten (10) feet in
width shall be provided on the side adjacent to the "R" district. In addition, the building shall be
set back one (I) foot for every two (2) feet of building height above twenty-five (25) feet on sides
adjacent to an "R" district.
(2) Front and side street yard areas shall be at least ten (10) feet in depth and shall be maintained in
accordance with the following requirements:
(a) No required yard area shall be used for parking.
(b) The yard area shall be landscaped with a minimum of one shade tree for every 30 feet of
yard frontage or portion thereof, or every 600 square feet of yard area, whichever requires
the greater number of trees..
(c) Within the required yard area, appropriate street furniture including benches, waste recep-
tacles, planters or fountains shall be provided in sufficient quantities to meet the needs of
pedestrian traffic at that location. The design quantity and location of street furniture
shall be indicated on the site plan when submitted to the Planning Department for site and
development review as required by Section II.
Section 7.- HEIGHT (ORD. 8529)
(I) There shall be an absolute height limit of fifty (50) feet. (ORD. 8616)
Section 8.- FLOOR AREA RATIO
Except as provided in Section 9:
(I) The floor area ratio for non-residenticl uses shall not exceed 1.0.
(2) The floor area ratio for residential uses shall not exceed 1.0.
(3) The floor area ratio for all uses in a building shall not exceed 1.4.
Section 9.- FLOOR AREA PREMIUMS (ORD. 8529)
The floor area ratio may be increased in accordance with the following provisions; but in no case,
except as provided in sub -section (3) of this section, shall the cumulative floor area ratio exceed 1.75.
(I) The permitted floor area may be increased by one (I) square foot of floor area for each two (2)
square feet of floor area devoted to residential use.
(2) The floor area ratio may be increased by .05 for each 25% of lot frontage developed as split level
above and below grade retail store fronts, i.e., first floor one-half level above and one-half below
grade with direct pedestrian access to both levels.
(3) The floor area ratio may be increased by .01 for each one (I) percent up to twenty (20) percent
and by .02 for each one (1) percent from twenty (20) percent up to forty (40) percent of the site
area devoted to usable pedestrian ground level plazas and courtyards and/or upper level terraces
and decks for walking, sitting and similar passive pursuits, which serve as an extension of the
pedestrian shopping environment, complement facing retail and/or office use space and are open
and accessible to the general public..
(4) The floor area ratio may be increased by .02 for each 10% of required on -site parking located in
an underground or enclosed parking structure.
53.5 REV. I -1-78
(5)
The floor area ratio for any development containing a theater or theaters for the
performing arts and/or cinema presenting contemporary films to the general public
not normally available\t,commercial theaters or classic repertory films of historic
merit may be increased at the discretion of the City Commission after public notice
and hearing, but in no event shall exceed the maximum limits set forth as follows,
nor shall the cumulative floor area ratio for the development exceed 2.po.
(a) Upto 300 seat capacity, a bonus of not more than 0.15.
(b) Up to 500 seat capacity, a bonus of not more than 0.30.
(c) Greater than 500 seat capacity, a bonus of not more than 1.0.
In determing whether to grant a floor area premium and the precise extent of such
increase, the Commission shall take into consideration the following:
(a) Whether the theater or theaters are of a type and size which the Commission
deems appropriate under the circumstances pertaining at the time of application
in order to achieve a balance of facilities, responsive to the needs of the
district.
(b) Whether there are facilities to support a variety of cultural arts performances
and operations such as rehearsal space, storage, dressing room or set construc-
tion space, etc.
(c) Whether distribution of the bulk of the total development permits adequate
access of light and air to surrounding streets and provides open spaces,
arcades, concourses, or transit shop facilities that would aid in the circu-
lation of pedestrians or vehicles.
Section 10.- PARKING (ORD. 8529)
(1)
On -site parking requirements shall be in accordance with the requirements of
ARTICLE XXIII of this Ordinance, except for the following provisions:
(a) All required on -site parking for permitted non-residential uses may be
located off -site:
1. Within 600 feet of the premises it is intended to serve if located
outside the C-2A district, subject to conditional use approval;
2. Anywhere within the C-2A district, but generally within 600 feet of
the premises it is intended to serve in order to maintain reasonable
pedestrian access distances, and shall be subject to Planning Depart-
ment approval. Before such parking facilities are approved, a
recordable instrument for no less than five years shall be properly
executed for the alternate facility, and said recordable instrument
shall be filed as a matter of record in the Building Department of
the City of Miami and Circuit Court of Dade County, Florida, and
said parcel shall not be utilized for any subsequent use without
authorization of the Building and Planning Departments.
(b) All of the required on -site parking for residential uses must be provided
on the premises they are intended to serve. Notwithstanding the provisions
of ARTICLE XXIII, Section 4, paragraph (2) (a), the required amount of on -
site parking for residential uses need not exceed one space per dwelling
unit if the total amount of on -site parking provided, including parking
for non-residential uses, equals or exceeds the normal amount of on -site
parking required for such residential uses.
(c) A minimum of one bicycle parking space for each vehicular space required by
ARTICLE XXIII of this Ordinance (up to 10 spaces) shall be provided on -site
with secure storage apparatus to which a bicycle may be locked.
(d) For developments including a performing arts facility as described in Section
9, Subsection (5) of this Article, parking provided for uses other than the
performing arts facility, may be counted toward meeting the parking require-
ments of the performing arts facility as specified in ARTICLE XXIII, Section
4 of this Ordinance.
(e) Ground level or upper level exterior walkways, landscaped areas, plazas,
terraces, courtyards or decks shall be exempt from parking requirements
except when such spaces are used in accordance with Section 3, paragraph (1)
of this district, in which case 80% of the space so used shall require
parking as provided by Article XXIII of this Ordinance. If the outdoor
uses as specified in Section 3 serve as an extension of an adjacent interior
retail use, then an exterior area equivalent to 40% of the interior space
occupied by that use shall be exempt from parking requirements.
Section 11.- SITE AND DEVELOPMENT PLAN APPROVAL
(1) Any development permitted by this district shall be required to have the site and
development plan approved by the Planning Department before a building permit is
issued by the Building Department according to ARTICLE IV, Section 42. The purpose
of development plan review is to assure that development is in accord with the
intent of the district.
53.6 REV. 1-26-77
r
ARTICLE XV- CENTRAL COMMERCIAL - C-3 DISTRICT
The following regulations shall apply in the C-3 District.
Section f.- PURPOSE OF DISTRICT
The C-3 CENTRAL COMMERCIAL DISTRICT is intended to apply to the heart of the downtown
business section of the City, which serves all portions of the City, and the metropolitan area. The
businesses and services of the Central Commercial District include many of those supplied in other
types of commercial districts and in addition thereto many services andfacilities not available
elsewhere. High land values, limitations of space, and public convenience justify a greater intensity of
use than in other commercial districts.
Section 2.- USE REGULATIONS
No building or structure, or part thereof, shall- be erected, altered or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses in accordance with the
limitations hereafter specified.
(I) Any non-residential USE permitted in the C-2 District, except Gasoline Stations, parking Tots and
parking garages, subject to the USE REGULATIONS specified in the said District. (ORD. 7856)
(a) Hotels and motels subject to the provisions in Section 21 and 27 of ARTICLE IV.
(ORD 7508) (ORD. 7856)
(2) Auction galleries.
(3) Dance Halls.
(4) Detective Agencies.
(5) Supper Clubs and Night Clubs (ORD. 8200)
(6) Blue Printing and Photostating; Job Printing; Publishing; Lihographing or Engraving Establish-
ments.
(6-A) Automobile Rental agency provided that not more than 20 automobiles, or passenger vans holding
up to 15 passengers, be stored in conjunction with said facility and that no automobile repair or
service facilities, except for gasoline pumps, be provided. (ORD. 8615)
(7) Accessory uses and structures.
(8) The following USES if approved as a "CONDITIONAL USE":
(a) Parking lots and parking garages.
(b) Motor Bus Terminal.
(c) Heliports.
(d) Apartment Building(s), subject to the following regulations: (ORD. 7455)
I. MINIMUM LOT AREA/DWELLING UNIT:
a. 125 Square Feet.
2. F.A.R. 2.0
F.A.R. Premiums:
a. f.0 - if the first ten (10) feet of building height is set bock at least twenty (20)
feet from either the front or street side lot line.
b. 2.0 - if the first ten (10) feet of building height is set back at least twenty (20)
feet from both the front and street side lot line, or if the entire building is set
back at least twenty (20) feet from either a front or a street side lot line.
c. 0.5 - if adjacent to a public open space (other than a public street) of at least
fifty (5) feet in width.
d. 0.1 - for each two -hundred (200) square feet of parking area, arcade, or similar
type of space or public corridor at the ground level. In no instance, however,
shall the above F.A.R. exceed a maximum premium of 1.0.
e. 0.5 - for each five hundred (500) square feet of plaza area or interior courtyard
area (excluding required yard areas or set back area for which another premium
is available) which is open and unobstructed from the ground level to the sky. In
no instance, however, shall the above F.A.R. exceed a maximum of 1.5.
3. FRONT OR STREET SIDE YARD:
a. No minimum requirement.
4. SIDE YARD (INTERIOR):
a. Minimum of thirty-six (36) feet of total combined width for both yards. Any
portion of a building wall which has windows shall be set back from an interior
side lot line a distance of ten (10) feet or a distance
54 REV. I-I-78
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of not less than one -sixth (1/6) of the height of said building wall,
whichever is greater. The minimum set back may be reduced by one-
half (1/2) when the lot line is immediately adjacent to a public park.
5. REAR YARD:
a. minimum of twenty-five (25) feet.
6. USABLE OPEN SPACE:
a. Ninety (90) square feet per dwelling unit.
7. SPACING BETWEEN BUILDINGS ON THE SAME SITE:
Notwithstanding the provisions of ARTICLE IV, Section 15, the minimum
spacing between any portion of a building which has exposed window
area and an adjoining building on the same site shall be eighteen (18)
feet.
(e) Blood Banks and Plasma Centers operated in accord wilth all applicable
regulations, codes, ordinances and laws. (OR'D. 8501)
(9) Other uses: Other uses or enterprises similar to the above, which, in the judgment
of the Zoning Supervisor of the Building Department, are similar to and not more
objectionable to the general welfare, than the USES listed. "OTHER USES" so
determined shall be regarded as "LISTED USES." In no instance, however, shall
the Zoning Supervisor determined, nor the regulations be so interpreted, that a USE
shall be permitted in a District when such use is specifically listed as first permis-
sible in a Tess restricted District.
Section 3.— LIMITATIONS ON USES
(1) Except for automobile parking lots and motor bus terminals, heliports, all activities,
including sale, display, preparation and storage, shall be conducted entirely with-
in a completely enclosed building.
(2) No second-hand or used merchandise shall be offered for sale, displayed or
stored, except in connection with an antique store, art or auction gallery.
(3) All products shall be sold at retail on the premises.
Section 4.— AREA
(1) Non -Residential Use.
(a) There shall be no required area or width of lot for non-residential use.
Section 5.— YARDS
(1) Non -Residential Use.
(a) There shall be no required yards except where a lot in the C-3 District
abuts upon a lot in any "R" (Residential) District; a yard at least ten (10)
feet in width shall be provided adjacent to the "R" District.
Section 6.— HEIGHT
(1) No building or structure or part thereof shall be erected or altered to a height
exceeding three hundred (300) feet.
55 REV. 1-1-76
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ARTICLE XVI- GENERAL COMMERCIAL - C-4 DISTRICT
The following regulations shall apply in all C-4'Districts.
Section 1.— USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than one or more of the following specified
uses in accordance with the limitations hereafter specified:
(1) ANY USE permitted in the C-3 District, including hotels, motels, but excluding
permanent live -aboard vessels, all other buildings used for dwelling purposes and
clay nurseries. (ORD. 8489)
(a) Hotels and Motels shall be subject to the regulations of Section 27, ARTICLE
IV. (ORD. 7508)
(b) Supper Clubs subject to the parking requirements set forth in Article XXIII,
Section 4, Paragraph (24-A), and provided that when the parking facilities
for a Supper Club are adjacent to a residential use, a landscaped area of at
least five (5) feet in width shall be provided along the lot line between the
parking facilities and the residential use and shall contain a solid decorative
wall of at least five (5) feet in height and other appropriate screening and
landscape materials. Supper Clubs shall be operated in accord with other
applicable codes and ordinances. (ORD. 8200)
(2) Any of the stores, shops, or businesses permitted in the C-5 District by the pro-
visions of ARTICLE XVII, Section 1, subsections (2) and (5).
(3) Gasoline Stations. (ORD. 7856)
(4) Automobile washing establishments; automobile, truck and trailer rentals; new and
used automobile, truck, motorcycle, and trailer sales; repair and service garages.
(5) Automobile seat cover installation.
(6) Ambulance Service.
(7) Boxing or sports arena, fronton, bowling alley, golf driving range, pony riding
(without stables), skating rinks. (ORD. 7716)
(8) Armory.
(9) Astrologists, palmist, fortune telling, phrenologists.
(9-A) Assembly of electrical appliances, instruments, and devices, radio and phonograph,
including the manufacturing of small parts only, such as coils, condensers, trans-
formers, crystal holders, and the like. (ORD. 7206)
(10) Awning Sales.
(11) Boat Sales, Service and Rentals (including sale of boat motors and accessories).
(11-A) The compounding, blending, assembling, and packaging of merchandise from
previously manufactured drugs and chemicals, provided, however, that the pro-
visions of sub -paragraphs (a) through (d) of Paragraph (17-A), Section 1, of this
article shall be applicable. (ORD. 7206)
(12) Drive-in business, including theaters, refreshment stands, restaurants, barbecue
stands. (ORD. 6982)
(13) Electrical repair shops, home appliance repairs.
(14) Electrical and plumbing fixtures.
(15) Feed Stores.
(15-A) General advertising signs, detached limited in area to seven hundred and fifty
(750) square feet, with not more than two (2) signs erected on any lot, even
though a building is occupying a portion thereof, subject to the provisions of
ARTICLE XXIV, Section 1. (ORD. 7338)
(15-B) General advertising signs, flat, when located on the side wall of a building, subject
to the following: (ORD. 7338)
56 REV. 1-1-76
(a) There shall be not more than one (I) such sign at any premise.
(b) A sign of this nature and type shall be permitted only in an instance where no owner -
identification sign exists on the same wall.
(c) The area of any such sign shall not exceed the permitted area for an owner -identification
sign, as provided for in Section 5, (I) of ARTICLE XXIV.
(16) LAUNDRIES - provided that:
(a) A laundry shall not exceed, for all washing units combined, a total rated capacity of 500
pounds. All vents and exhaust outlets which are used for removing fumes and/or heat from
washers or dryers, shall be confined either to the roof area of a building, or to the portion
of an exterior wall area which is eight (8) feet or more above grade, and all such outlets
shall be constructed so as to discharge in a vertical direction. (ORD. 7383)
(b) A Dry Cleaning Establishment shall not use more than two (2) clothes cleaning units which
shall have a rated capacity of not more than forty pounds per unit; nor use cleaning fluid
which is explosive or inflammable at temperatures below 138.5 degrees F.
(c) A Self -Service Dry Cleaning Establishment shall not exceed, for all dry cleaning units
combined, a total rated capacity of eighty (80) pounds and shall be classified as a Class IV
System, as defined by Florida Fire Prevention Code, 1958, Sec. 80.3 d. (ORD. 7051)
(17) Repeal. (ORD . 7308)
(17-A) The manufacturing compounding assembling, or treatment of articles of merchandise from the
following previously prepared materials: bones, cellophane, canvas, cloth, cork, feathers, felt,
fiber, fur, glass, horns, hair, leather, paper, plastics, precious and semi-precious metals or stones,
shells, textiles, tobacco, wood (excluding planing mills), yarns, and paint not employing a boiling
process, provided that: (ORD. 7206)
(a) No motor exceeding one (I HP) may be used to operate any lathe, drill press, grinder,
shaper, milling machine, saw, polisher or metal cutter.
(b) No punch press exceeding five (5) tons rated capacity nor drop hammer or automatic screw
machine may be used.
(c) No motor exceeding five (5 HP) may be used to operate any blender.
(d) Notwithstanding other provisions of this ordinance, pertaining to required Yards, there shall
be no required yard except that, where a lot used for any of the above purposes abuts upon
a lot in an "R" (Residential) District, a yard at least twenty (20) feet in width shall be
provided adjacent to the "R" District. The required yard area may be reduced to ten (10)
feet when a non -pierced wall is maintained on the side adjacent to an "R" District. There
shall be no required yard adjacent to an "R" District when the lot is separated from the "R"
District by an alley, provided that a non -pierced wall is maintained adjacent to said alley.
(ORD. 7206)
(18) Monuments (sale and display only).
(19) Mortuary, undertaker or embalming establishment, and funeral home.
(20) Pawn Shop.
(21) Pest Control Agency.
(22) Parking lots and parking garage.
(23) Plant and shrub nursery.
(24) Repeal. (ORD. 7308)
(25) Race track - horse or dog.
(26) Research and Testing Laboratory.
(27) Second-hand stores.
(28) Sharpening and grinding shop.
(29) Taxidermist.
(30) Repeal. (ORD. 7308)
(31) Tire and battery stores.
(32) Trade Associations and Union Halls.
(33) Veterinary and Veterinary Clinic.
(33-A) Warehouse, Mini-, provided that all storage on the site shall be kept within an enclosed building
and no auctions or commercial sales or uses shall be conducted from the facility. (ORD. 8884)
(34) Wholesale Merchandise Broker.
(35) Cigar Manufacturing (Hand Process) subject to the following: (ORD. 7194)
(a) Notwithstanding Yards as' required elsewhere by this Ordinance, there shall be
57 REV. I -1-79
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be maintained a yard at least twenty (20) feet in width where a lot abuts upon a lot in an
"R" (Residential) District.
(35-A) Adult Book Stores, Adult Motion Picture Theatres, Adult Massage Parlors, Adult Private Dancing
and Escort Service. (ORD. 8618) (ORD. 8695)
(36) Accessory uses and structures. (ORD. 7194)
(37) The following uses if approved as a "CONDITIONAL USE." (ORD. 7194)
(a) Wholesale rebuilding of automotive parts, automotive overhauling, and automotive paint
and body shop. (ORD. 7194)
(b) An addition to a conforming or non -conforming building or structure which contains a non-
conforming RESIDENTIAL, COMMERCIAL OR INDUSTRIAL USE, subject to the provisions
of ARTICLE XXVIII, Section I, (I) (a) through (f) or Section 2, (2) (a) and/or Section 2, (3),
(a). (ORD. 7194)
(c) Catering Service, Social, Home or Airline. (ORD. 7361)
(38) Other uses: Other uses or enterprises similar to the above, which, in the judgment of the Zoning
Supervisor of the Building Department are similar to and not more objectionable to the general
welfare, than the uses listed. "OTHER USES" so determined, shall be regarded as "LISTED
USES." In no instance, however, shall the Zoning Supervisor determine, nor regulations be so
interpreted, that a USE shall be permitted in a District where such USE is specifically listed as
first permissible in a less restricted District. (ORD. 7194)
Section 2.- LIMITATIONS ON USES
(I) Except for open air sales of new or used automobiles, trailers, or trucks, amusement enterprises;
drive-in businesses; race tracks; parking lots and parking garages; boat sales and rentals; all
activities, including sale, display, and preparation, shall be conducted entirely within a
completely enclosed building except as may be specified hereafter.
(2) Any of the stores, shops, or commercial establishments may be operated as a retail and/or whole-
sale establishment.
(3) Open storage of materials and equipment shall be permitted only when in conjunction to the USE
of an office, store, or other commercial building, located on the front portion of the same lot,
and provided that:
(a) Such storage is located on the rear one half of the lot.
(b) The storage area is completely enclosed by a solid or louvered masonry wall (with necessary
openings) not less than six (6) feet in height.
(c) No equipment or material is stored having a height greater than that of the wall enclosing
the storage area.
(4) Storage of merchandise and/or materials shall be permitted within the rear portion of a building
when in conjunction to the operation of an office, store, or other commercial use, located within
the front portion of the same building, and provided that:
(a) The office, store, or commercial use occupies a minimum of twenty-five (25) percent of the
total floor area of the building or structure.
(5) Open air sales of new or used automobiles, trailers, or trucks, located on land adjacent (either
abutting or separated by an alley) to an "R" (Residential) District, shall be separated from the
land in the "R" District by a solid or louvered masonry wall at least six (6) feet in height.
(6) All USES shall conform to the standards of performances described in ARTICLE XXII.
Section 3.- AREA
(I) Non -Residential Use.
(a) There shall be no required area or width of lot for non-residential use.
Section 4.- YARDS
(I) Non -Residential Use.
(a) INTERIOR SIDE OR REAR YARDS - No interior side yard or rear yard shall be required,
except that, where a lot in a C-4 District abuts a lot in an "R" District (Residential), a yard
of at least ten (10) feet in width shall be provided on the side adjacent to the "R" District.
In addition, the building shall be set back one (I) foot for every two (2) feet of building
height above twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(b) FRONT AND STREET -SIDE SETBACKS - In all instances, except as hereafter provided, a
minimum front setback of ten (10) feet for the first nine (9) feet of building height and a
minimum street -side setback of five (5) feet for the first nine (9) feet of building height,
shall be provided and maintained in accordance - with the following requirements:
(ORD. 7558)
58 REV. 1-1-78
1. If not used for off-street parking, the required setback area shall be
treated with landscaping so as to present, in perpetuity, a neat and
orderly appearance.
2. If used for parking, the required setback area shall be enclosed, except
for permitted driveway openings, by either a living hedge, or a decor-
ative wall of at least three (3) feet in height.
(c) Where a lot is adjoined by a building which has less than the above required
setback, the following exceptions shall be made: (ORD. 7558)
1. If the lot has a lot line dimension of less than fifty (50) feet abutting any
street, then the setback required along that particular street shall not be
greater than the deeper of either adjoining setback.
2. If the lot has a lot line dimension of fifty (50) feet or more abutting any
street, but not greater than sixty-five (65) feet, than the setback required
along that particular street shall not be greater than the deeper of any
adjoining setback, unless such adjoining setback is less than five (5) feet,
in which case the required setback shall be five (5) feet.
(d) In no instance shall any point on a building be closer to the centerline of
a street than one-half ('/2) the height of said point above grade. (ORD. 7662)
Section 5.— HEIGHT
(1) There shall be no absolute height limits in this District except as required by
Article IV, Section 37. (ORD. 7662)
Section 6.— FLOOR AREA RATIO (OR'D. 7662)
The Floor Area Ratio shall not exceed 2.0.
58.1 REV. 1-1-69
ARTICLE XVI-1 BOULEVARD COMMERCIAL DISTRICT - C-4A (ORD. 8608)
Section 1.- INTENT
It is the intent of this district to establish at suitable locations adjacent to princi-
pal arterial streets, regulations designed to promote quality shopping environments in a
linear setting where pedestrian activity can be generated. Special provisions designed
to maintain and strengthen the continuity of commercial service uses and to promote
mutually compatible commercial activities and residential development include establish-
ment of a transition use area to supplement C-4A frontage for vehicle storage and/or open
space and to provide greater use and design opportunities fostered by larger sites.
Section 2.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part for other than one or more of the following permitted
uses in accordance with limitations hereinafter specified.
(1) Apartments, only when combined with commercial development at the ground level per-
mitted in this section, not to exceed a density of one (1) dwelling unit for each
1500 square feet for units containing more than one bedroom or one dwelling unit
for each 750 square feet of lot area for efficiency and one bedroom dwellings or
combination thereof.
(2) Antiques.
(3) Art Galleries, Museums and Libraries.
(4) Art, Music and Dance Studios.
(5) Art Supplies.
(6) Bakery Goods Shop.
(7) Banks and Finance Offices.
(8) Bicycle Sales and Repairs.
(9) Book and Stationery Store open to the general public.
(10) Church or house of religious worship.
(11) China and Crockery.
(12) Confectionery or Ice Cream Store.
(13) Clothing Store.
(14) Custom dressmaking, millinery or drapery store.
(15) Dry cleaning agencies or pressing establishments.
(16) Drug Stores.
(17) Employment Office.
(18) Film exchange and photographic supplies.
(19) Florists, including plant and shrub sales.
(20) Fruit and vegetable.
(21) Gift Shoppe.
(22) Grocery Store.
(23) Hardware.
(24) Health Studios.
(25) Hobby Crafts.
(26) Home appliances.
(27) Interior decorating.
(28) Jewelry and Watch sales, repair and service.
(29) Laundry Agencies.
(30) Letter service and mimeographing.
(31) Leather goods.- sales and repair.
(32) Liquor package.
(33) Locksmith.
(34) Medical or dental laboratory.
(35) Medical or dental offices and clinics.
(36) Meat market or delicatessen.
(37) Music and Musical instruments.
(38) Newsstand or Sundry.
(39) Office Supply.
(40) Offices - Professional or Business.
(41) Optical Stores.
(42) Personal service shops such as barber and beauty shops.
(43) Pet shops.
(44) Photographers.
(45) Real Estate.
(46) Religious Associations.
(47) Restaurants, tea rooms or cafes (including outdoor cafes and dining areas).
58.2 REV. 1-26-77
(48) Shoe Repair Shop.
(49) Sporting Goods.
(50) Tailor Shops.
(51) Telegraph Office.
(52) Theaters for the general public and theatrical studios.
(53) Ticket Agency.
(54) Sale and incidental servicing of radio, television, phonograph, and home appliances.
(55) Coin Operated Laundries - provided that:
(a) Self-service laundry machines shall not exceed, for all washing units combined,
a total rated capacity of 500 pounds and provided further that no machine shall
exceed a rated capacity of thirty-five (35) pounds.
(b) Self-service dry cleaning machines shall not exceed, for all dry cleaning units
combined, a total capacity of forty (40) pounds, and provided further that no
machine shall exceed rated capacity of ten (10) pounds and shall be classified
as a Class IV system, as defined by Florida Fire Prevention Code, 1958, Section
80, 3d.
(c). Establishments shall be so designed by which to provide a neat and orderly
appearance as viewed from the store fronts.
(56) Dry Cleaning Establishments.
(a) Any dry cleaning establishment shall not use more than one (1) clothes cleaning
unit and said unit shall have a rated capacity of not more than fifty (50)
pounds.
(b) All dry cleaning and related activities shall be solely for the retail trade
of the subject premises.
(c) All vents and exhaust outlets that are used for removing fumes and/or heat
from cleaners, washers or dryers shall be confined either to the roof area of
a building or the portion of .an exterior wall area that is 8 feet or more above
grade, and all such outlets shall be constructed so as to discharge in a verti-
cal direction. Public use areas shall be air conditioned.
(d) Establishments shall be designed to provide a neat and orderly appearance as
viewed from the store fronts:.
(57) Conditional Uses.
(a) Residential Development
1. Locational - apartment developments when not combined with commercial
use shall be located not less than four hundred (400) feet from the inter-
section of primary arterial streets and two hundred (200) feet from the
intersection of secondary arterial streets.
2. Development Character
a. Density - one dwelling unit for each one thousand five hundred (1500)
square feet of lot area for buildings containing from four (4) to
fifteen (15) units and a'density of one (1) dwelling unit for each
additional nine hundred (900) square feet 'of lot area for buildings
containing more than fifteen (15) units.
b. Lot Coverage - shall not exceed twenty-five (25) percent of the lot
area.
c. Yards - Front - Twenty (20) feet
Side Street - Fifteen (15) feet
Side - Fifteen percent (150) of lot width with a minimum side yard
of nine (9) feet and a maximum of eighteen (18) feet.
Rear - twenty (20) feet.
d. Open Space - a minimum of three hundred (300) feet of usable open
space shall be provided on the ground level within the principal site.
(b) Hotels and Motels
(c) Charitable sale of second hand or used merchandise by non-profit organizations.
(d) Night clubs and supper clubs in accord with the conditions specified in the
C-2 district.
(e) Gasoline stations limited tothe following activities: dispensing of gasoline
and motor oil, incidental automobile services such as washing, cleaning,
polishing, battery charging, lubrication, brake and transmission adjustment,
minor automotive repair work such as tire, brake, ignition and cooling systems
and accessory parts and incidental replacement of automotive parts.
(f) Wholesale and storage facilities.
(g) Mortuary, undertaker or embalming establishments and funeral homes,
(h) Lodges, fraternity or sorority houses not used for profit.
(i) Bars, taverns, lounges, and private club and pool and billiard halls designed
in accordance with the following:
1. Establishments shall be designed to reflect a neat and orderly appearance
as viewed from thestore fronts and shall be fully enclosed at all times.
(j) Parking garages designed in accordance with the following standards.
1. Parking garages shall be set back a minimum of twenty (20) feet from all
front, side street and rear property lines. Setback areas will be land-
scaped in accordance with the provisions of Section 7 (Yards). Building
58.3 REV. 1-26-77
facades shall be designed to fully screen all vehicles from public view.
Parking garages shall be located within two hundred (200) feet of
secondary arterial streets and four hundred (400) feet of primary arterial
streets.
(58) Accessory Uses and Structures.
(59) Other Uses - Activitiesand functions similar in character to those uses permitted
in Section 2, and which are clearly consistent with the intent of this district.
Section 3.- TRANSITION USE. AREA
(1)
To strengthen the shopping continuity and reinforce the pedestrian experience along
frontages in the C-4A District, a transition use area has been established. This
area encompasses those lots and parcels that are located to the rear of the C-4A
District or across from dedicated alleyways that serve the C-4A District. A twenty
(20) foot buffer zone shall be provided along the frontage of all transition use
area lots in conjunction with C-4A uses.
PERMITTED USES
CONDITIONAL USES
SCREENING AND
LANDSCAPING
Section 4.- LIMITATIONS ON USES
- Those uses permitted in the existing zoning district.
- Off -Street parking and loading, when used in conjunction with
contiguous C-4A use and designed in accordance with the require-
ments of Article XXIII, Section 8.
- Usable open space to accommodate resident needs in the C-4A
district.
- Permitted and accessory uses described in Section 2 of this
Article, in accord with the following limitations. In no
instance shall Permitted Uses be interpreted as Conditional
Use specified in Section 2 (57) a-j.
Height - 35 Feet maximum
Lot Coverage - Commercial 35 percent
Residential and mixed use 30 percent
Access - through commercially zoned properties
Yards - Front: 30 feet. Side: 10 feet.
Yard areas shall be established from the rear of the buffer zone.
A solid textured masonry wall 6 feet in height shall be provided
at the rear of the buffer zone and where a residential use is
sited along a side lot line or lines. A minimum of one (1)
shade tree for each four hundred (400) square feet of buffer zone
shall be provided. Grasses, hedge materials and/or ground covers
shall be provided. Grasses, hedge materials and/or ground covers
shall be planted in the buffer zone to supplement trees. Trees
shall be a minimum of twelve (12) to fourteen (14) feet in height,
three (3) inch caliper, six (6) foot clear trunk; hedges shall be
compact planted, not more than six (6) inches on center to a height
not less than thirty-six (36) inches.
(1) All activities including retail sales, displays, food preparation areas, and
storage shall be conducted entirely within a completely enclosed building with
the exception of the following uses:
(a) Arts and crafts exhibits including demonstrations and performances.
(b) Restaurant dining areas with table service.
(c) Sale of flowers, plants and shrubs.
(d) Sale of objects of art and handicrafts
(2) All products shall be sold at retail on the premises.
(3). No second hand or used merchandise shall be offered for sale, displayed or
stored, except in antique shops, art galleries, used books or sales by chari-
table organizations as specifically listed in Section 2 of this Article.
Section 5.- FRONTAGE REQUIREMENTS
(1) Development of C-4A properties.
(a) At least 50% of each street frontage shall be allocated for ground level
occupancy by non-residential uses. The remainder of such frontages may
be devoted to business or professional offices or residential uses, to
building entrances, lobbies, through block connections, arcades, lightwells,
atriums, or other pedestrian spaces, or to access drives to parking facili-
ties. The provisions of this paragraph shall apply only to that side which
may be termed the front.'
58.4 REV. 1-26-77
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Section 6.- AREA
(1) Non -Residential Use:
(a) There shall be no required area or width of lot for non-residential uses.
(2) Residential and Mixed Uses:
(a) The lot area for residential uses which have more than 50% of the total floor
area devoted to residential uses, shall be at least six thousand (6,000) square
feet with a minimum average width of sixty (60) feet.
Section 7.- YARDS
(1) Non -Residential and Mixed Uses
(a) A minimum front and side street yard area of 10 feet and a maximum of 20 feet in
depth shall be provided in the C-4A district. A building wall may encroach upon
the required front or side street yard area, if a space equal to that displaced
by such encroachment is provided as a courtyard, plaza or other such ground level
public space, accessible to the general public during normal business hours.
Up to 2/3 of the public space as provided by required yard areas, may be
utilized for outdoor dining, flower and handicraft and art displays and sales as
provided for in Section (4), paragraph (1) of, this district.
(b) Where a C-4A use abuts a residential district, a rear yard of at least twenty
(20) feet shall be provided. In addition, buildings (residential and non-
residential) shall be set back one (1) foot for every two (2) feet of height
above thirty-five (35) feet.
(c) Where a residential portion of a mixed use has no window openings along a side
lot line, no side yard shall be required.
0n the residential portion of a mixed use, a nine (9) foot yard area shall be
required where a window opening occurs.
(2) Landscaping
(a) Yard and setback areas shall be properly landscaped. Yard areas with a
minimum dimension of twenty (20) feet shall provide one shade tree for every
500 square feet of yard area. Trees may be shade or flowering with a minimum
height of 12 to 14 feet with a minimum trunk size of three (3) inches and six
(6) feet of clear trunk area.
Section 8.- HEIGHT
(1) There shall be an absolute height limit of forty-five (45) feet.
Section 9.- USABLE OPEN SPACE
(1) Where residential development occurs in conjunction with commercial development,
a minimum of two hundred (200) square feet of usable open space shall be provided
for each dwelling unit on the principal site or on a contiguous site located in the
adjacent transition use area. Notwithstanding other provisions of this Ordinance,
all usable open space shall occur at a level not greater than nine (9) feet above
grade.
Section 10.- FLOOR AREA
(1) Except as provided herein:
(a) The floor area ratio for non-residential uses shall not exceed 1.0.
(b) The floor area ratio for residential uses shall not exceed .75.
(c) The floor area ratio for all uses in a building shall not exceed 1.5.
(2) The floor area ratio may be increased in accord with the following provisions,
but in no case shall the cumulative floor area ratio exceed 2.0. The lot area
used in the computation of the floor area ratio may include 50% of the transi-
tion lot area provided that said lot is abutting directly the C-4A lot or across
from dedicated alleyways that serve the C-4A district:
(a) The floor area ratio may be increased by .10 for each ten (10) percent,
up to forty (40) percent, of the site area devoted to usable pedestrian
ground level plazas and courtyards, and/or upper level terraces and decks
for walking, sitting and similar passive pursuits, which serve as an
extension of the pedestrian shopping environment and complement faring
retail and office use space, are not higher than 9 feet above grade, and
are open and accessible to the general public.
(b) The floor area ratio may be increased by .02 for each 10% of required on -
site parking, inclusive of the C-4A and transition lot, located in a parking
structure or improved parking lot .in the transition use area, developed in
accord with Article XXIII.
58.5 REV. 1-26-77
(c) The floor area ratio may be increased by .10 for each project having at least
100 feet of frontage and 10,000 square feet of land in the C-4A district.
(d) The floor area ratio may be increased by .05 for each 100 feet of frontage
and 10,000 square feet of land in the transition use area.
Section 11.- PARKING
(1)
Parking requirements shall be in accordance with the provisions of Article XXIII,
except for the following:
(a) Non -Residential
Required parking for non-residential uses may be located off site:
1. Within 600 feet of the premises it is intended to serve when located in
the C-4A district.
2. 0n a contiguous transition use area lot o, lots.
(b) Residential and Mixed Use
Parking for residential uses must be provided on the premises it is intended
to serve or on a contiguous transition use area lot or lots.
The required amount of on -site parking for residential uses need not exceed
one space for each dwelling unit if the total ,Imount of parking provided for
non-residential uses equals or exceeds the off-street parking requirements'
for the residential uses.
Section 12.- SIGNS
(1) The placement, size and erection of all signs shall be in accordance with the
provisions of Article XXIV - SIGNS, Section 6 - Signs in the C-2A District.
58.6 REV. 1-26-77
ARTICLE XVII- LIBERAL COMMERCIAL -C-5 DISTRICT
The following regulations shall apply in all C-5 Districts.
Sectoin I.- USE REGULATIONS
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses in accordance with the
limitations hereafter specified:
(I) Any USE permitted in the C-4 District, (excluding any buildings or structures used for dwelling
purposes), subject to the USE REGULATIONS specified in such District.
(2) Sale and Display of the following:
(a) Agricultural Implements.
(b) Building Supplies.
(c) Construction Equipment.
(d) Dairy Supplies.
(e) Machinery..
(f) Industrial Equipment.
(g) Produce.
(h) Restaurant and Hotel Supplies and Equipment.
(i) Swimming Pool Supplies and Equipment.
(j) Welding Supplies and Equipment.
(3) USES to be conducted wholly within a completely enclosed building or within an area enclosed on
all sides with a solid or louvered masonry wall, (with necessary openings), not less than six (6)
feet in height.
(a) Building material and yard sales, including the sale of rock, sand, gravel, and the like, as an
incidental part of the main business, but excluding concrete batch plants.
(b) Power -driven excavating or road building equipment, commonly used by contractors.
(c) Lumber Yards..
(d) Freight, or Truck Yard or Terminal.
(4) The Following Service Establishments:
(a) Battery repair and rebuilding. (ORD. 6907)
(b) Bookbinding.
(c) Boarding Kennel.
(d) Bottling Plant, brewing and distilling of malt, (beverages and liquors).
(e) Dry Cleaning and Dyeing Plants.
(f) Crating, packing and shipping service.
(g) Distribution Service.
(h) Diaper Service.
(i) Catering Service, Industrial. (ORD. 7205)
(j) Fruit Packing and Shipping.
(k) Janitorial Services.
(I) Linen Supply.
(m) Laundry and Rug Cleaning. Plants.
(n) Milk Distributing Station.
(o) Tire recapping and retreading.
(p) Tinsmith and sheet metal works.
(q) Wholesale rebuilding of Automotive Parts, Automotive Overhauling and Automotive Paint
and Body Shop. (ORD. 6967)
(r) Post Office. (ORD. 7516)
(5) The following repair and shop uses:
(a) Awning and canvas shop.
(b) Building contractors shop.
(c) Carpentry, Custom woodworking or custom furniture making shops. (ORD. 7384)
(d) Electrical contractor shop.
(e) Furniture repair shop.
(f) Glass shop.
(g) Heating contractor shop.
(h) Plumbing shop.
(1) Roofing contractor shop.
(j) Restaurant and store fixture shop.
(k) Sign shop.
59 REV. I-1-78
(I) Upholstering shop.
(m) Welding shop.
(6) The following Wholesale, Warehouse and Storage Uses:
(a) Cold Storage Plant.
(b) Frozen food lockers.
(c) Ice Storage Plant.
(d) Storage Warehouse.
(e) Wholesale Establishments.
(7) The following miscellaneous Uses:
(a) Creamery.
(b) Railroad Transfer, Storage and Team Tracks.
(c) Amusement enterprises when not located any closer than 250 feet to any
residential district. (ORD. 7716)
(8) The following uses if approved as CONDITIONAL USES:
(a) The manufacturing, assembling, or treatment of garments from previously
prepared materials. (ORD. 7087)
(b) Boat building and repairs. (ORD. 7681)
(9) Accessory Uses and Structures. (ORD 7087)
(10) Other Uses: Other uses or enterprises similar to the above, which, in the judgment
of the Zoning Supervisor of the Building Department are similar to and not more
objectionable to the general welfare, than the uses listed. "OTHER USES" so
determined shall be regarded as, 'LISTED USES." In no instance, however, shall
the Zoning Supervisor determine, nor the regulations be so interpreted, that a
USE shall be permitted in a District when such use is specifically listed as first
permissible in a less restricted District. (ORD. 7087)
Section 2.— LIMITATIONS ON USES
(1) Open storage of materials and equipment shall be permitted only when incidental
to the use of an office, store or commercial building, located on the front portion
of the same lot;
(2) The storage area to be enclosed by a solid or louvered masonry wall (width neces-
sary openings) not Tess than six (6) feet in height;
(3) No material or equipment is stored to a height greater than that of the wall
enclosing the storage area.
(4) All USES shall conform to the standards of performance described in ARTICLE XXII.
Section 3.— AREA
(1) There shall be no required area or width of lot.
Section 4.— YARDS
(1) There shall be no required yard, except that, where a lot in, a C-5 District abuts
a lot in an "R" (Residential) District, a yard of at least ten (10) feet in width
shall be provided on the side adjacent to the "R" District. In addition, the building
shall be set back one (1) foot for every two (2) feet of building height above
twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(2) In no instance shall any point on a building be closer to the centerline of a street
than one-half (1/2) the height of said point above grade. (ORD. 7662)
Section 5.— HEIGHT
(1) The;e shall be no absolute height limits in this District except as required by
Article IV, Section 37. (ORD. 7662)
Section 6.— FLOOR AREA RATIO (ORD. 7662)
The Floor Area Ratio shall not exceed 2.0
60 REV. 1-1-69
•
•
ARTICLE XVIII—
Section 1.—
Section 2.—
Section 3.—
Section 4.—
Section 5.—
WATERFRONT RECREATION — W-R DISTRICTS
The following shall apply in all W-R Districts.
USE REGULATIONS
(1)
(1-A)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Boat Docks, Slips, Piers, Wharves, Anchorage,
Pleasure Boats.
Wet dockage or moorage of permanent live -aboard vessels, subject
permitted in a Medium Density Multiple R-4 District. (ORD. 8486)
The docking of one (1) or more permanent live -aboard vessels is subject to the
on -site parking, open space, sanitary and safety provisions required in Article
IV. (ORD. 8486)
Yacht Clubs.
Boat Rentals, Boat Livery, and Boats for Hire.
Boat and Marine Motor, Sales and Display, Yacht Broker, Marine Insurance Broker.
Boat and Marine Motor, Service and Repair while boats are in the water.
Retail sale of boating, fishing, diving and bathing supplies and equipment.
Restaurants and refreshment stands.
Seaplane Base, Dirigible Base Heliports.
The following USES if approved as a "CONDITIONAL USE":
(a) Fishing Pier.
(b) Docks and piers extending into Biscayne Bay a distance greater than twenty-
five (25) feet beyond the Dade County Bulkhead Line subject to the limita-
tions and conditions prescribed by Section 23 of ARTICLE IV. (ORD. 7357)
Repair and servicing of boating accessories and marine equipment (exclud-
ing work on the hull), provided, that all such activities, except as may be
permitted by paragraph (4) above, shall be conducted entirely within a
completely enclosed building. (ORD. 7433)
(10) Accessory uses and structures, including one (1) dwelling unit.
(11) Other uses: Other uses or enterprises, similar to the above, which, in the judg-
ment of the Zoning Supervisor of the Building Department, are similar to and not
more objectionable to the general welfare than the USE listed. "OTHER USES"
so determined shall be regarded as "LISTED USES". In no instance, however,
shall the Zoning Supervisor determine nor the regulations be so interpreted that
a Use shall be permitted in a District when such USE is specifically listed as first
permissible in a less restricted District.
USES PROHIBITED IN THIS DISTRICT
(1) Drydocks and Shipyards.
(2) Commercial Fishing Boats.
(3) Fish Houses, Canning, Smoking or Curing of Fish.
(4) Wholesale or retail sale of fish and seafoods.
(5) Marine Warehouse or Freight Terminal.
(6) Dwelling except as accessory to a permitted use.
HEIGHT
No building or structure shall be erected or altered to a height exceeding two (2)
stories. (Said 2 stories not to exceed 35 feet.)
AREA
There shall be no required area or width of lot.
YARDS
There shall be provided a front yard of not less than twenty (20) feet for any plot
having dedicated street frontage.
There shall be provided a side yard at least twenty (20) feet in width where the side
of a plot in a W-R District abuts upon a lot in an "R" (Residential) District.
(c)
61 REV. 1-1-76
and Moorages for Yachts and
to the density
•
•
•
ARTICLE XVIII-1 — PUBLIC PARK AND RECREATIONAL USE — P-R DISTRICT
(ORD. 7377)
The following regulations shall apply in all P-R Districts.
Section 1.—
Section 2.—
Section 3.—
Section 4.—
INTENT (ORD. 8089)
The Parks and Recreational District is intended to be applied to City owned land that
is used for providing residents of the City with park and recreational facilities. The
facilities are intended to be harmonious with their surrounding environment, and to
provide highest quality architectural and site design within the parks to serve the
recreational needs of the City.
USE REGULATIONS (ORD. 8089)
(1) Any building, structure or use of land for municipal use, public park and/or
recreational purposes.
(2) Uses accessory to municipal uses, or a principal park and/or recreational use.
LIMITATION OF USE (ORD. 8089)
(1) Development of municipal, and park and recreational facilities shall be so de-
signed and developed so as to afford reasonable protection to the surrounding
neighborhood from adverse effects of the park activities and shall be substantially
in character with the surrounding community.
GENERAL STANDARDS AND PROCEDURES (ORD. 8089)
(1) The development of a new park; or an addition of a major building or major
structure when requested by the City Commission; or a substantial change in the
character or the use of an existing park will require a recommendation of the
Planning Advisory Board and approval of the City Commission of a site or
development plan. (ORD. 8225)
(2) Yard and setback areas shall be provided when applicable, and shall be equiv-
alent to or greater than the required yard or setback areas of the adjacent
zoning district or districts.
(3) Park development and facilities shall follow the applicable zoning requirements
of the adjacent zoning district or districts unless the site or development plan is
reviewed by the Planning Advisory Board and approved by the City Commission.
(ORD. 8225)
62 REV. 2-1-74
ARTICLE XIX- WATERFRONT INDUSTRIAL - W-1 DISTRICT
The following regulations shall applyin all W-I Districts.
Section I.- USE REGULATIONS
No building or structure or part thereof shall be erected, altered, or used, or land or water used, in
whole or in part, for other than one or more of the following specified uses in accordance with the
limitations hereafter specified:
(I) Ship yards, dry dock, marine railway.
(2) Ships, yachts and boat storage.
(3) Commercial docks, wharves, and piers, marine warehouse, freight storage shed, freight handling
equipment.
(4) Boat and ship building and repairing.
(5) Marine shop, woodworking shop, electrical shop, and similar uses for construction, repair and
maintenance of boats.
(6) Railroad lines and sidings to service wharves and piers.
(7) Dredging base, marine construction yard, marine salvage base.
(8) Fish house, fish canning, smoking and curing.
(9) Ship chandlery, sail maker.
(10) Manufacture of boat parts, accessories and equipment, not involving drop-forging, stamping,
automatic screw machines, or a foundry.
(II) Railroad right-of-way, freight terminals, team -tracks, spur -tracks.
(12) Boat sales, service and rentals.
(1 2-A) The following USES if approved as "CONDITIONAL USES":
(a) Docks and piers extending into Biscayne Bay a distance greater than twenty-five (25) feet
beyond the Dade County Bulkhead Line subject to the limitations and conditions prescribed
by Section 23 of ARTICLE IV. (ORD. 7357)
(b) Warehouses, Mini-, provided that all storage on the site shall be kept within an enclosed
building, no auctions or commercial sales or uses shall be conducted on the site, and
the required waterfront yard area is accessible for permitted waterfront uses. (ORD.
8884)
(13) Accessory uses and structures including one (1) dwelling unit accessory to a permitted structure
but not including permanent live -aboard vessels, except as required for work or security
purposes. (ORD. 8487)
(14) Other uses: Other uses or enterprises, similar to the above, which in the judgement of the Zoning
Supervisor of the Building Department, are similar to and not more objectionable to the general
welfare than the USES listed. "OTHER USES" so determined shall be regarded as "LISTED
USES." In no instance, however, shall the Zoning Supervisor determine nor the regulations be so
interpreted that a USE shall be permitted in a District when such use is specifically listed as first
permissible in a less restricted District.
Section 2.- AREA
There shall be no required area or width of lot.
Section 3.- YARDS
(I) There shall be no required yard except that where a lot in a W-I District abuts upon a lot in an
"R" (Residential) District, a yard of at least twenty (20) feet in width shall be provided on the
side adjacent to the "R" District. In addition, the building shall be set back one (I) foot for every
two (2) feet of building height above twenty-five (25) feet on sides adjacent to an "R" District.
(ORD. 7662)
(2) In no instance shall any point on a building be closer to the centerline of a street than one-half
(Y2) the height of said point above grade. (ORD. 7662)
Section 4.- HEIGHT
(I) There shall be no absolute height limits in this District except as required by Article IV, Section
37. (ORD. 7662)
Section 5.- FLOOR AREA RATIO (ORD. 7662)
The floor area. Ratio shall not exceed 2.0.
63- REV. 1-1-79
•
ARTICLE XX— LIGHT INDUSTRIAL —1-1 DISTRICT
The following regulations shall apply in all 1-1 Districts.
Section 1.— USE REGULATIONS
No building or structure or part thereof shall be erected, altered or used, or land or
water used in whole or in part for other than one or more of the following uses:
(Subject to the provisions of ARTICLE XXII.)
(1) Any commercial use permitted in a C-5 District.
(2) USES to be conducted wholly within a completely inclosed building, except for
on site parking or delivery vehicles which are incidental thereto.
(a) The manufacturing or processing of such products as bakery goods, candies,
cosmetics, dairy products, drugs, perfume, pharmaceuticals, perfumed toilet
soap, toiletries, and food products, excluding sauerkraut, vinegar, yeast.
(ORD. 6948)
(b) The manufacturing, compounding, assembling, or treatment of articles or
merchandise from the following previously prepared materials: bones, cello-
phane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, horns, hair, leather,
paper, plastics, precious and semi-precious metals or stones, shells, textiles,
tobacco, wood (excluding planing mills), yarns, and paint not employing a
boiling process.
(c) The manufacture of pottery and figurines, or other ceramic products using
only previously pulverized clay and kiln -fired only by electricity or gas.
(d) Manufacture of metal products.
ie) Manufacturing of musical instruments, toys, novelties, and rubber and metal
stamps.
(f) Automotive assembly plant and battery manufacturing. (ORD. 6966)
(g) Machine shops.
(h) Assembly of electrical appliances, electronics instruments and devices, radio
and phonograph, including the manufacturing of small parts only, such as
coils, condensers, transformers, crystal holders, and the like.
(i) Poultry or rabbit live storage and killing incidental to a retail business on
the same premises.
(j) Plastics manufacturing
(k) Ice manufacturing.
(3) The following miscellaneous Uses:
(a) Boat building and repair.
(b) Railroad freight or passenger stations.
(c) Amusement enterprises when not located any closer than 250 feet to any
residential district. (ORD. 7716)
(4) The following Uses if approved as a "CONDITIONAL USE."
(a) Concrete and cement products manufacturing.
(b) Brick, Tile or Terra Cotta manufacturing.
(c) Rock, Sand or Gravel Distribution.
(d) The Manufacturing or Processing of Fish and Meat Products and the render-
ing or refining of fats and oils. (ORD. 6948)
(5)Accessory uses and structures, not including permanent live -aboard vessels, except
as required for work or security purposes. (ORD. 8488)
Section 2.— AREA
There shall be no required area or width of lot.
Section 3.— YARDS
(1) There shall be no required yard except that where a lot in an 1-1 District
abuts a lot in an "R" (Residential) District, a yard of at least twenty (20) feet in
width shall be provided on the side adjacent to the "R" District. In addition, the
building shall be set back one (1) foot every two (2) feet of building height
above twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(2) In no instance shall any point on a building be closer to the centerline of a
street than one-half ('/2) the height of said point above grade. (ORD. 7662)
Section 4.— HEIGHT
(1) There shall be no absolute height limits in this District except as required by
Article IV, Section 37. (ORD. 7662)
64 REV. 1-1-76
Section 5.— FLOOR AREA RATIO (ORD. 7662)
The Floor Area Ratio shall not exceed 2.0.
64.1 REV. 1-1-69
ARTICLE XXI— GENERAL INDUSTRIAL — 1-2 DISTRICT
The following regulations shall apply in all 1-2 Districts.
Section 1.— USE REGULATIONS
No building or structure or part thereof shall be erected, altered, or used or land or
water used in whole or in part for other than one or more of the following specified
uses: (subject to the provision of ARTICLE XXII).
(1) Any Use permitted in an 1-1 District or a W-I District.
(2) Acetylene Gas Manufacturing or Storage.
(3) Alcohol manufacturing.
(4) Ammonia, Bleaching Powder or Chlorine manufacturing.
(5) Brick, tile, or terra cotta manufacturing.
(6) Chemical manufacturing.
(7) Concrete or cement products manufacturing.
(8) Freight classification yard.
(9) Oil Cloth or linoleum manufacturing.
(10) Paint, Oil (including linseed), shellac, turpentine, lacquer, or varnish manufacturing.
(11) Potash works.
(12) Pyroxylene manufacturing.
(13) Railroad repair shops.
(14) Rock, sand or gravel distribution.
(15) Sodium Compound Manufacturing.
(16) Stove or shoe polish manufacturing.
(17) The following USES if approved as a "CONDITIONAL USE."
(a) Gas manufacturing.
(b) Lamp black manufacturing.
(c) Paper and pulp manufacturing.
(18) Other uses not prohibited by law, not specifically permitted by this Ordinance
and which is found to be similar in character to a USE specifically permitted.
(19) Accessory Uses and structures.
Section 2.— AREA
There shall be no required area or width of lot.
Section 3.— YARDS
(1) There shall be no required yard except that where a lot in an 1-2 District abuts
a lot in an "R" (Residential) District, a yard of at least thirty (30) feet in width
shall be provided on the, side adjacent to the "R" District. In addition, the building
shall be set back one (1) foot for every two (2) feet of building height above
twenty-five (25) feet on sides adjacent to an "R" District. (ORD. 7662)
(2) In no instance shall any point on a building be closer to the centerline of a street
than one-half (Y) the height of said point above grade. (ORD. 7662)
HEIGHT
(1) There shall be no absolute height limits in this District except as required by
Article IV, Section 37. (ORD. 7662)
Section 5.— FLOOR AREA RATIO (ORD. 7662)
The Floor Area Ratio shall not exceed 2.0.
Section 4.-
65' REV. 1-1-69
ARTICLE XXI-1— PLANNED AREA DEVELOPMENT (PAD) (ORD. 8057)
Section 1.—
Section 2.—
Section 3.—
INTENT
Within districts now existing or which may hereafter be created, it is intended to
permit as a Conditional Use, an application and on approval of site, use and building
plans, creation of new Planned Area Developments (PAD) for flexible comprehensive
development purposes where tracts suitable in location and character for the uses and
structures proposed are to be planned and developed as units. Suitability of such
tracts for the plans and development proposed for the PAD shall be determined by
the City Commission upon reference to the comprehensive plan, applicable develop-
ment plans which have been adopted, and the existing and prospective character of
the surrounding development.
Regulations for such unified planning and development are intended to accomplish
the purposes of zoning and other applicable regulations to an equivalent or greater
degree as in instances in which regulations are intended to control development on
a lot -by -lot rather than a united basis, to promote economical and efficient land use,
an improved level of amenities, appropriate and harmonious variety in physical
development, creative design, and a better urban environment. Flexibility in the
arrangement of structures, open space, and the pedestrian and vehicular circulation
pattern is permitted in order to encourage the best utilization of the land on which
the development is being constructed. In view of the substantial public advantages of
planned area development, it is the intent of this Section to promote and encourage
development in this form where appropriate in location and character.
DEFINITION OF PLANNED AREA DEVELOPMENT
For the purposes of this ordinance, a planned area development is:
(1)
(2)
(3)
Land under unified control for development purposes, planned and developed as
a whole, in a single development operation or a programmed series of develop-
ment operations, including lands, buildings, structures, uses and densities.
According to comprehensive and detailed plans satisfactory to the City Commis-
sion, which may include plans detailing streets, utilities, lot or building sites, and
the like, and also site plans, floor plans and elevations for all buildings as in-
tended to be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the buildings.
With approval by the City Commission as to:
(a) Concept, uses, density, location, open space
detailed plans.
(b) Streets, utilities, lot or building sites, site plans, open space areas and eleva-
tions for all buildings as intended to be located, constructed, used in rela-
tion to each other, and detailed plans for other uses and improvements on
the land as related to the buildings.
(c) A program for provision, operation and maintenance of such areas, improve-
ments, facilities and services as will be for common use by some or all of
the occupants of the PAD, but will not be provided, operated or maintained
at general public expense.
relating to comprehensive and
PLANNED AREA DEVELOPMENT: WHERE PERMITTED
(1) Planned Area Development may hereafter be established in existing zoning dis-
tricts, or over a combined area of several zoning districts, or such districts as may
be determined by the City Commission pursuant to a PAD application, where
tracts suitable in location and character for the uses and structures proposed are
to be planned and developed as a PAD, according to the requirements and
procedures set forth in this Article. In considering a PAD, among the criteria to
be used shall be the location and nature of the PAD with respect to intended
functions and the pattern of development existing or proposed in the general
plan, or other officially adopted plans, and to public and private facilities and
services, existing or clearly to be available by the time development reaches the
stage where they will be required.
(2) The location of the Planned Area Development shall be designated on the zoning
map by the designation "PAD" followed by the proper designation of the exist-
ing zoning district or districts. Examples are: PAD-R-1, PAD-R-2, PAD-C-1.
65.1 REV. 2-1-73
Section 4.— STANDARDS FOR PAD'S
In reaching recommendations and decisions on the granting of a Conditional Use PAD,
the following standards shall be used:
(1) LOCATION
(a) Relation to major transportation facilities
The criteria to be considered for location of a PAD is its location with respect
to local streets, collector streets, minor arterials or major arterials, other trans-
portation facilities, or the creation thereof, so as to provide direct access to
such districts thereby minimizing the creation or generation of traffic along
local and collector streets in residential neighborhoods or other districts out-
side the PAD.
(b) Relation to public utilities, facilities and services
The criteria to be considered in the location of a PAD in relation to sanitary
sewers, water lines, storm and surface drainage systems and other utilities,
systems and installations is such information as will allow the determination
as to whether the extension or enlargement of such systems in manner, form,
character, location, degree, scale or timing, may result in higher net public
cost or earlier incursion of public cost than would development in forms gen-
erally permitted under existing zoning for the area. Such PAD districts shall
be so located with respect to necessary public facilities as to have access to
such facilities in the same degree as would development permitted under
existing zoning, and shall be so located, designed and scaled that access for
public services is equivalent to, and net costs for such services is not greater
than, access and net costs for public services for development as permitted
under existing zoning.
A further criteria is the applicant's agreement to (1) provide adequate and
appropriate facilities, utilities or services approved by the City Commission to
meet the needs arising out of the PAD, and assure their satisfactory continu-
ing operation permanently or until appropriate public utilities, facilities or
services are available and used, or (2) make provisions acceptable to the
City Commission if required for off -setting any added net public cost or early
commitment of public funds made necessary by such development.
Expenses involved in making such determinations as may be required in es-
tablishing the foregoing information shall be paid by applicants. Final deter-
mination of these matters shall be made by the City Commission.
(c) Physical character of the site; relation to surrounding property
The site shall be suitable for development in the manner as approved under
the South Florida Building Code and the applicable State, County and City
laws.
(2) MINIMUM AREA
It is the intent of this Article to encourage the assembly of land into larger par-
cels in order to achieve a better urban environment. To qualify for a Planned
Area Development application, a tract of land shall possess not less than three
(3) acres. Application for areas of less than three (3) acres may be submitted for
approval, where the area is distinguished from the surrounding area by natural
or man-made barriers, such as rivers, canals, other water areas, streets, etc. The
approval of an application for an area Tess than three (3) acres shall be based
on the area's uniqueness and suitability for a Planned Area Development by
virtue of its historical character, topography, ecological, natural or other unusual
features.
(3) USES, DENSITY, OPEN SPACE AND FLOOR AREA RATION AND OTHER
REGULATIONS
Within a Planned Area Development, any principal and accessory use, density,
open space and floor area ratio and other regulations is permitted which is al-
ready permitted in the existing zoning district or districts or PAD Districts as may
be determined by the City Commission pursuant to a PAD application, in which
such Planned Area Development is located. The distribution of these permitted
principal and accessory uses, density, open space and floor area ratio, and other
regulations or deviations therefrom, shall not be affected by existing zoning
regulations, but shall be subject to the approval of the City Commission. Devia-
tions from the permitted principal and accessory uses, density, open space and
floor area ratio and other regulations, may be granted upon approval of a PAD
Conditional Use application by the City Commission.
Criteria to be considered by the City Commission for approval of deviations as
65.2 REV. 2-1-73
Section 5.—
described above may include but are not limited to: (a) private renewal and
redevelopment that creates a better urban environment through the assembly of
land, (b) providing of public usable open space through the provision of plazas,
parks, and walkways, (c) clearance of obsolete, blighted or undesirable building
and/or uses, (d) dedication of waterfront public easements at least twenty feet
in width, (e) protection and enhancement of views for the public, especially
bayfront or riverfront, (f) preservation of historical structures and/or areas, (g)
provision of terminal facilities for off-street parking of automobiles and service
vehicles, and (h) and other public benefits.
PROCEDURES FOR SECURING APPROVAL OF A
PLANNED AREA DEVELOPMENT
(1) PRE -APPLICATION CONFERENCE
Before submitting an application for a planned area development, an applicant
may confer with the Planning Department to obtain information and guidance
before entering into binding commitments, or incurring substantial expense in
the preparation of plans, surveys and other data; however, no statement or repre-
sentation made prior to the official review shall be binding on the Zoning Board,
the City Commission or other City Departments. (ORD. 8225)
(2) APPLICATION FOR PAD
An applicant applying for PAD shall submit to the Zoning Board an application
for Conditional Use PAD. The application shall be accompanied by the following
documents and information. (ORD. 8225)
(a) The evidence of unified control of the proposed PAD to effectuate the pro-
posed plan including a statement of all the ownership and beneficial interest
in the tract of land and the proposed development.
(b) A survey of tract to be developed showing existing features of the property
including streets, alleys, easements, utility lines, existing land use, general
topography and physical features.
(c) Site development plans containing:
(1) the title of the project and names of the professional project planner and
the developer, (2) scale, date, north arrow, (3) location and arrangement of
all existing and proposed structures, (4) proposed traffic circulation pattern
within the development, (5) areas to be developed for parking, (6) the po'nts
of ingress and egress, (7) the relationship of abutting land uses and zoning
districts, (8) proposed lots and blocks, if any, (9) locations of different uses
proposed by dwelling types, open space, recreational facilities, commercial
uses, other permitted uses, and off-street parking, (10) a statement of antici-
pated residential density or other commercial or industrial uses (when ap-
plicable), the proposed total gross floor area, and the percentages of the
development to be occupied by structures, (11) where required by law or by
the City Commission, an ecological survey in accordance with standards of
the Florida Department of Natural Resources, (12) preliminary drawings of
proposed structures and landscaping.
(d) When a planned area development is to be constructed in stages, a schedule
of development shall be submitted. No such stage shall have residential den-
sity that exceeds by more than 10% the proposed density of the entire planned
area development. When a planned area development provides for cor.mon
open space, the total area of improved common open space provided at any
stage of development shall, at a minimum, bear the same relationship to he
total open space to be provided in the entire development.
(e) When it deems necessary:
1. The Planning Department, Zoning Board or City Commission may require a
traffic survey setting out and analyzing the effect that the PAD will have
on traffic in the streets adjacent to and in the vicinity of the proposed
planned area development. (ORD. 8225)
2. The City Commission may require on economic feasibility study.
(f) When a PAD includes provision for common open space, or recreational fa-
cilities, a statement describing the provision that is to be made for the care
rind maintenance of such open space or recreational facilities. Satisfactory
provisions shall be made to assure that non-public areas and facilities for the
common use of occupants of a PAD, but not in individual ownership of such
occupants, shall be maintained in satisfactory manner without expense to the
taxpayers of the City of Miami.
65.3 REV. 2-1-74
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Such may be provided by the incorporation of an automatic membership home
association for the purpose of continuously holding title to such non-public
areas and facilities, and levying assessments against each individual owner,
whether improved or not, for the purpose of paying the taxes and maintain-
ing such non-public areas and facilities, which may include, but not be limited
to, recreational areas, off-street parking area, walkways, lighting and com-
mon open and landscaped areas. Such assessments shall be a lien superior
to all others including, but not limited to, mortgage liens, save and except
tax liens. Other methods may be acceptable if the same positively provide
for the proper and continuous payment of taxes and maintenance without
expense to the taxpayers of the City of Miami. The instrument incorporating
such provisions shall be approved by the City Attorney as to form and legal
sufficiency before submission to the City Commission, and shall be upon ap-
proval of the "Conditional Use" for a PAD by the City Commission, recorded
in the Public Records of Dade County, Florida.
(g) Copies of any restrictive covenants that are to be recorded with respect to
property included in the PAD.
(3) ACTION ON PRELIMINARY DEVELOPMENT PLAN
After receiving the application, the Planning Board shall submit the documents
to the Planning Department and the Urban Development Review Board for re-
view, findings and recommendations. The Planning Department and Urban Devel-
opment Review Board shall report their findings and recommendations within
thirty (30) days from the date of receiving the application. This review shall be
concerned with the criteria as set out in Section 3 and 4 hereof.
During the review, the Planning Department may request the applicant to confer
on the PAD concerning any suggested changes in the original proposal, and/or
additional information necessary to make essential findings. In the course of the
conferences, any agreements or disagreements between the Planning Depart-
ment and the applicant shall be recorded in writing and shall become a part of
the record. The thirty (30) day time limit set forth above shall not be extended
for this purpose.
(4) PLATTING REQUIREMENTS
(a) If it is determined by the City Commission that the approval of a tentative
plat is necessary prior to a final determination on the PAD application, the
City Commission may require the same.
(b) In all other instances, lands encompassed by a PAD may be platted or re -
platted in accordance with the procedures and regulations set forth by This
Zoning Ordinance and other ordinances and codes of the City of Miami, and
the development plan.
(5) PLANNING DEPARTMENT FINDINGS
Within thirty (30) days after receiving the application, the Planning Department
shall recommend (a) approval of the application as submitted, (b) approval with
modifications, (c) disapproval of the proposal.
The recommendations of the Planning Department shall include findings of fact
and shall set forth the reasons for the recommendation in specific, including but
not limited to findings of fact and conclusions on the following:
(a) as to the suitability of the tract for the proposed PAD in terms of its relation
to the comprehensive plan or other officially adopted plans, physical charac-
teristics of the tract, and its relation to the surrounding area and existing
and probable future development.
(b) as to the standards as set out in Section (4).
(c) as to (1) its conformity with applicable zoning or other regulations, or (21
the extent to which the PAD departs from zoning and other regulations other-
wise applicable to the subject property, including but not limited to density,
use, floor area ratio, open space, and the reasons why such modifications
are necessary or justified in the particular case by demonstration that the
public purpose of the PAD would be met to at least an equivalent or greater
degree by such modification.
(d) as to the adequacy of evidence on unified control and agreement, or other
instruments.
(e) as to the nature and extent of the common open space in the PAD, the re-
liability of the proposals for maintenance and conservation of the open space,
65.4 REV. 2-1-73
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in terms of densities, dwelling types, and floor area ratio.
(f) as to the case of a PAD which proposed development over a period of years,
the sufficiency of the terms and conditions proposed to protect and main-
tain the integrity of the PAD which finding shall be made after consultation
with the City Attorney.
(g) as to its conformity with all applicable provisions of this Article.
(6) PLANNING BOARD ACTION AND FINDINGS
The Planning Board shall within thirty (30) days after receiving the Planning De-
partment's report hold a public hearing on the application. Such public hearing
shall consider all aspects of the Planning Department's findings, and of the pro-
posed PAD. Within thirty (30) days after the last public hearing on such plan,
the Planning Board shall prepare and transmit to the City Commission, specific
findings of fact together with its recommendations. The Planning Board may rec-
ommend approval of the PAD as proposed, approval conditioned, or stated
modifications, or disapproval.
(7) ACTION BY THE CITY COMMISSION
The City Commission shall either grant the application, with or without modifi-
cation, or deny such application. If the Conditional Use PAD is granted, the area
of land involved shall be designated as a Conditional Use Planned Area Devel-
opment by resolution, and such resolution shall incorporate the development plan,
including any condition or restriction that may be imposed by the City Commission.
(8) EFFECT OF APPROVAL
The plan as approved together with the conditions and restrictions imposed shall
constitute the Conditional Use PAD zoning on the land, and no building permit
shall be issued except in conformity with all provisions of the grant of Condi-
tional Use. The terms of the grant of Conditional Use shall be binding upon the
applicant and any successors in interest during any time period specified as a
safeguard in the granting of the Conditional Use.
(9) EXPIRATION OF TIME LIMITS ON GRANT OF PAD CONDITIONAL USE
If development actions required by the grant of Conditional Use are not taken
within any time limits set in the grant of Conditional Use, the Planning Board
shall review the circumstances and recommend to the City Commission that. (a)
revised time limits be set, or (b) that the grant of Conditional Use be cancelled.
Recommendation under (a) shall include proposals for appropriate action in re-
spect to any legal instruments involved in the case.
Section 6.— CHANGES IN DEVELOPMENT PLANS
Changes in plans approved as part of the grant of Conditional Use may be permitted
upon application by the Petitioner or his successors in interest, but only upon a finding
that any such change or changes are in accord with all regulations in effect when
change is requested and the general intent and purpose of the comprehensive plan
in effect at the time of the proposed change. Changes other than those indicated above
shall be made only by a new petition for PAD.
Section 7.— CONFLICTS
After public hearing and upon the findings by the Planning Board and City Commis-
sion that the grant of a Conditional Use PAD in the particular case serves a greater
public purpose as to design of the particular plan and its relationship to the surround-
ing area, it is intended that where there are conflicts between the requirements of ,his
Article and other provisions of this Zoning Ordinance, the provisions of this Article shall
apply.
65.5 REV. 2-1-73
ARTICLE XXI-2— GU—GOVERMENTAL USE DISTRICT
Section 1.— INTENT
This district is intended to be applied to those lands where national, state or local
governmental activities are conducted and where governments hold title, or possess a
long term lease to such lands. Any lawful government activity or use may be permitted
in these districts upon the recommendation of the Planning Advisory Board and
approval of the City Commission. It is also intended that the development of uses in
this district be as compatible as possible with surrounding uses and zoning district
classifications. It is not the intent to classify all lands owned or leased by government
into this district, but only those lands particularly and peculiarly related to the public
welfare. The following regulations shall apply to all GU Districts.
Section 2.— USES AND STRUCTURES PERMITTED
(1) Any lawful government use or activity.
(2) Accessory uses and structures which are customarily accessory and clearly incidental
and subordinate to permitted uses and structures.
Section 3.— PROCEDURES FOR DEVELOPMENT OF GOVERNMENTAL USES
(1) Any new governmental use shall require Planning Advisory Board recommendation
and approval by the City Commission.
(a) A new use shall include rebuilding of an existing facility or major additions to
an existing facility.
(2) In approving the establishment of a governmental use in this district, the Planning
Advisory Board and City Commission shall take into account the following factors:
(a) Compatibility with surrounding area and neighborhood.
(b) Conformity or conflict with adopted plans or portions thereof.
(c) The traffic patterns and circulation of the area, neighborhood and community.
(d) The affect upon drainage, light and air to adjacent properties, property values
of the adjacent area or any other adverse effect upon adjacent properties.
(e) The scale of the development in relation to adjacent properties, neighborhood
and community.
(f) The design of the facility including landscaping and other amenities.
(g) Whether the use is essential for the subject site, neighborhood, community, city
or county.
(ORD. 8283)
Section 4.— AREA
(1) There shall be no required area or width of lot in this district.
Section 5.— YARDS
(1) There shall be no required yards except where a use is directly adjacent to a
dissimilar use, in which case an appropriate yard area shall be considered com-
mensurate with the height of the use and the ordinary yard or setback areas
required of the adjacent use or uses.
Section 6.— HEIGHT
(1) There shall be no absolute height limits in this district except as required by
ARTICLE IV, Section 37.
Section 7.— GENERAL
(1) Unless otherwise specified through the review process, other general requirements
of the zoning ordinance shall be met.
65.6 REV. 1-1-75
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ARTICLE XXI-3, SPD-1 CENTRAL ISLAND DISTRICT (ORD. 8330)
Section 1.— INTENT
It is the intent of the SPD-1 Central Island District, to promote the most beneficial
and creative development of island areas in Biscayne Bay which are in close prox-
imity to the Central Business District and have a special potential for development
or redevelopment. It is of critical importance to the general welfare of the com-
munity that such centrally located island areas are developed in such a manner
which will support and reinforce the future growth and economic vitality of the
Central Business District. Therefore, through the use of special planned development
regulations, it is intended to permit greater flexibility in siting of buildings, mixtures
of land uses, usable open spaces, and, consequently, more creative and imaginative
design for the development of island areas than would be generally possible under
conventional lot by lot zoning regulations. It is intended to promote the special
public interest of the community through the economical and efficient use of land
while providing a harmonious variety of land use types, a high level of amenities
and the preservation of the natural scenic qualities of island areas in Biscayne
Bay. Through the careful monitoring of the quality of development within the district,
it is anticipated that open space vistas and views will be created that will provide
a superior level of convenience and amenity for both island and mainland residents
and workers.
These regulations are intended to combine appropriate density for safe and con-
venient vehicular circulation by creating a coordinated and pleasant pedestrian
network, extending through and between buildings separated from vehicular traffic
and where feasible, substituting for sidewalks adjacent to streets. Ground level
landscaped open space pedestrian access to waterfront areas on the island shall be
encouraged within the limits established by the need for security by the residents
of the district community.
The following regulations shall apply to the SPD-1 Central Island District.
Section 2.— USE REGULATIONS:
The following specified uses may be permitted in the Central Island District, provided
that such uses are compatible in terms of use, scale, height, density, activities, traffic,
noise, and night lighting with the existing land and water uses on and at the main-
land near the connecting bridge and in the adjacent vicinity. Final approval of
permitted uses shall be determined at the time an application is submitted as required
under Section 4:
(1) Residential uses subject to the minimum floor area, height and usable open
space regulations specified for the R-CB District and not exceeding a density of
one dwelling unit for each seven hundred and fifty (750) square feet of lot area.
(2) Hotel and motel.
(3) Office for the conduct of real estate, mortgage, financing accounts, tax con-
sulting, engineering, dental, or medical, including clinics or office for other
professionals or buildings not involving the sale or handling of merchandise on
the premises.
(4) Bank and finance offices (exclusive of drive-in tellers).
(5) Broadcasting stations for radio and TV, excluding commercial radio and TV
station transmitting antennas.
(6) Day nurseries.
(7) Churches.
(8) Structures and uses required for operation of a public utility or performance
of a governmental function, except uses involving extensive storage or repair
activities, or with storage or repair as the primary purpose.
(9) Parking garages as an accessory use.
(10) The following retail or service uses:
(a) Antique shop
(b) Art galleries, museums and libraries
(c) Art supplies store
(d) Bake shop
(e) Book stores for use by the general public
(f) Boutiques
(g) Camera shop
(h) Drug store
(i) Duplication center
65.7 REV. 1-1-75
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(j) Florist shop
(k) Gift and card shop
(I) China and crockery store
(m) Clothing store
(p) Health spa
(o) Hobby store
(p) Interior decorating
(q) Jewelry store
(X) Medical and dental laboratory
(s) Music stores
(t) Newsstand
(u) Optical Service
(v) Personal service shops, such as barber shops, beauty parlors and shoe
polishing stands
(w) Post Office
(x) Radio, television and photographic operations
(y) Shoe repair shop
(z) Shoe Store
(aa) Stationery store
(bb) Travel agency
(cc) Watch and jewelry repair
(11) Other uses: Other uses or enterprises similar to the above, which in the judge-
ment of the Zoning Supervisor of the Building Department are similar to and
not more objectionable to the general welfare than the uses listed. "Other
uses so determined shall be regarded as listed uses.
(12) Boat docks, slips, piers, wharves, anchorage, and moorages for yachts and
pleasure boats, yacht clubs, and facilities for fueling and minor repairs and
ship stores.
(13) The following may be approved as special uses at the time a particular applica-
tion is submitted under Section 4:
(a) Carpets, rug and floor covering store
(b) Variety or junior department store
(c) Drive -In Tellers
(d) Home appliance store
(e) Night club
(f) Package liquor store
(g) Restaurants, tea rooms or cafes
(h) Sporting goods
(I) Theater
(j) Private club, or lodge and other similar uses not operated for profit
(k) Duplication center, not including typesetting and letterpress
(I) Parking lots as temporary uses
(m) Facilities for dispensing gasoline, motor oil and incidental automotive
services enclosed as a portion of a parking facility with no exterior
advertising
(n) Food, meat or vegetable market
(o) Furniture stores
(14) Accessory uses or structures: elevated pedestrian walkways connecting two (2)
or more buildings or bridging streets.
Section 3.— MINIMUM GROSS AREA OF DISTRICT
The minimum gross area of the district shall be twenty (20) acres. All interior streets
and all private property within the boundaries of the island shall be included as
part of the gross area.
Section 4.— APPLICATION REQUIREMENTS AND PROCEDURES
All applications for development within the SPD-1 district shall be subject to the
following requirements and procedures:
(1) DEVELOPMENT CONCEPT PLAN REQUIRED
A development concept plan comprised of the materials stated herein shall be
required for all SPD-1 districts. All such application materials shall be reviewed
in accordance with the procedures for securing approval of a Special Planned
Development District application as delineated in Subsection (2) of this Section.
65.8 REV. 1-1-75
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(a) WRITTEN DOCUMENTS:
1. A legal description of the total site proposed for development including
a statement of present and proposed ownership and present and proposed
zoning.
2. A statement describing the planning objectives to be achieved by the
SPD-1. This statement should include a description of the character of
the proposed development and the rationale behind the assumptions
and choices.
3. A statement indicating the owner's intention with regard to the future
selling or leasing of all or portions of the district including land areas
and dwelling units.
4. A development schedule indicating the estimated timing and phasing
of construction activities with the estimated area allocations for each land
use in each phase of development. When an SPD-1 provides for common
open space, the total area of improved common open space provided
at any stage of the development shall at a minimum bear the same
relationship to the total open space to be provided in the entire
development.
5. Quantitative Data for the following: The total number and type of
dwelling units; parcel size; the approximate net and gross residential
densities; the total amount of non-residential construction including
separate figures for commercial or institutional facilities; the develop-
ment intensity of the proposed project expressed as a floor area ratio;
proposed lot coverage of all buildings and structures; percent total open
space in relation to the gross area of the district including a figure for
usable open space; the percentage and amount of pedestrian open space
and percentage and amount of ground level landscaped pedestrian
open space in relation to the area of the district, excluding streets and
service areas; the percentage and amount of public open space and
public facilities, if any; the amount and type of -street parking.
6. Plans or programs which indicate the future provision and maintenance
of all public and private usable open space areas which are accessible
to pedestrian activity.
7. A statement of whether it is intended to provide facilities for police,
fire and other public services within the island.
8. Detailed professional studies indicating the economic feasibility of devel-
opment and the analysis of the impact of the project upon traffic and
transportation systems, educational facilities, public utility and service
systems, and ecological systems.
9. The amount of area and type of commercial facilities to be included in
the Central Island District based upon a market analysis as required in
this section. The market analysis shall be prepared by a professional
market analyst and shall be critically reviewed by the Planning De-
partment before final determination of the uses to be permitted in the
SPD. The market analysis shall demonstrate that the amount of land
proposed is needed for, and can realistically be supported for commer-
cial use. For these purposes the analysis shall contain (a) determinations
of the trade area of the proposed commercial facilities; (b) determina-
tion of the present and future trade area population; (c) determination
of the effective buying power in the trade area; (d) determination of
the net potential customer buying power for stores in the proposed com-
mercial facilities and on such basis, the recommended store types and
store floor areas; (e) other determinations to create a thorough under-
standing of the economic impact and potential of the development.
10. A statement of intent as to the dedication of streets to public use. Streets
may be dedicated to public use or may be retained under private owner-
ship; however, if the streets are to be retained under private ownership
the proposed street system shall be subject to review by the Fire, Police,
Public Works and Sanitation Departments to assure that the proposed
street system is adequately designed to protect the public health, safety
and welfare. All street systems shall be constructed in accordance with
the standards established by the Public Works Department.
(b) SITE PLANS AND SUPPORTING MAPS:
A site plan and other supporting maps needed to show the major details of
the SPD-1 including:
65.9 REV. 1-1-75
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1. Existing site conditions showing topography and unique natural features.
2. The general location and floor area of all existing and proposed build-
ings, structures and other improvements including maximum heights,
types of dwelling units, density per type and non-residential uses.
3. The location and size in acres or square feet of all areas to be conveyed,
dedicated, or reserved as common open space, public parks, recreational
areas, school sites, and similar public and semi-public uses.
4. The existing and proposed circulation system of arterial, collector, and
local streets, including off-street parking areas, service areas, loading
areas, and major points of access to public rights -of -way.
5. The existing and proposed pedestrian circulation system, including its
relationship to the vehicular circulation system, indicating proposed treat-
ment at points of conflict.
6. The general landscape plan indicating the design treatment and types
of materials used for private and public open spaces, and the design
treatment of the perimeter areas of the SPD-1 District.
7. Information on land areas adjacent to proposed SPD-1 to indicate the
relationships between the proposed development and adjacent areas,
including land uses, zoning and circulation.
8. Other graphic materials which will facilitate an understanding of the
development concept and the planning objectives of the Special Planned
Development District.
(2) PROCEDURES FOR SECURING APPROVAL OF A SPECIAL PLANNED
DEVELOPMENT APPLICATION
To secure approval, the following procedures shall apply:
(a) Pre -application Conference
Before submitting an application for approval of development within this
district an applicant may confer with the Planning Department to obtain
information and guidance before entering into binding commitments, or in-
curring substantial expense in the preparation of plans, surveys, and other
data; however, no statement or representation made prior to the official re-
view shall be binding on the Planning Advisory Board, the City Commission,
or other city departments.
(b) Application
All applications shall be submitted to the Department of Administration for
the Planning and Zoning Boards and shall include all maps, plans, and
documents as required by the regulations below.
(c) Referral to Planning Department
Applications shall be referred to the Planning Department for review of all
plans and documents.
(d) Planning Department Recommendations and Findings
The purpose of the review by the Planning Department is to determine if
the application materials and the proposed project are in accordance with
these regulations. The Planning Department shall complete its review and
deliver its recommendations to the Planning Advisory Board within 30 days
(1) of receipt of the application; or (2) of termination of conferences with
applicant; or (3) at time of request by petitioner to proceed without further
conferences.
The Planning Department shall recommend approval of the application as
submitted, approval with modifications, or disapproval of the proposal. The
recommendations of the Planning Department shall include findings of fact
and shall set forth the reasons for the recommendations specifically including,
but not limited to, the following factors:
1. The suitability of the plan for the SPD in terms of its relation to the
comprehensive plan or other officially adopted plans, physical charac-
teristics of the tract, and its relation to the surrounding area and existing
and probable future development.
2. Relation to major transportation facilities and the impact of the devel-
opment upon existing and future traffic conditions.
3. Relation to public utilities, facilities, and services.
4. The development design with reference to layout of parking areas, serv-
ice entrances, exists, yards, courts, and landscaping and control of signs,
lighting, noise, or other potentially adverse influences on the residential
character of the SPD District and desirable character of any adjacent
residential area.
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5. The conformity of the development with applicable zoning or other
regulations.
6. The nature and extent of the common open space in the district, the
reliability of the proposals for maintenance and conservation of the opera
space in terms of densities, dwelling types and floor area ratio.
(e) Planning Advisory Board Action and Findings
The Planning Advisory Board shall, within thirty (30) days after receiving
the Planning Department's report, hold a public hearing on the application.
The Planning Advisory Board shall consider all aspects of the Planning De-
partment's findings and of the SPD application. At the last public hearing
before the Board, the Board shall make specific findings and recommenda-
tions. Within thirty (30) days after the last public hearing, said findings and
recommendations shall be transmitted to the City Commission. The Planning
Advisory Board may recommend approval of the application as proposed,
or with modifications, or the Board may disapprove the application.
(f) Action by the City Commission
The City Commission shall either grant the application, with or without modifi-
cations, or deny such application.
(3) FINAL DEVELOPMENT PLANS:
In the SPD-1 Central Island Districts all applications for building permits shall be
subject to the review and approval of the Planning Department to insure con-
formity with the officially approved development concept plan for the particular
area. Materials to be submitted for approval by the Planning Department for all
development occurring in the SPD-1 Central Island Districts for the development
as a whole or in stages or in portions thereof shall include:
(a) WRITTEN DOCUMENTS:
1. If the entire project is not to be developed at one time, a statement
should be included explaining how particular buildings or structures con-
tribute to the implementation of the total development concept plan.
2. Quantitative data for the following:
The total number and type of dwelling units, proposed lot coverage of
buildings and structures, approximate gross and net residential densities,
the total amount of open space (including separate figures for usable
open space, pedestrian open space and ground level pedestrian open
space) the total amount of non-residential construction, including a se-
parate figure for commercial facilities, the derivation of numbers of
off-street parking and loading spaces.
3. Plans for recreational facilities, including buildings for such uses. If
common facilities such as recreation areas or structures, private streets,
common open space, etc., are to be provided for the deveopment, state-
ments as to how such common facilities are to be provided and per-
manently maintained shall be included and related proportionately to
the development phasing schedule.
(b) SITE PLANS AND SUPPORTING MAPS:
1. Site plans and architectural drawings containing the title of the project
and the names of the owner, architects, planners, developers and en-
gineers. The plans should contain a scale, date, and north arrow and
be based on an exact survey of the property drawn to a scale of suffi-
cient size to show the boundaries of the particular project, existing
streets, waterways, the exact location of all adiacent structures, off-
street parking and loading areas, recreational facilities, all screens and
buffers, refuse collection areas and access to utilities and points of
utility hook-ups.
2. Plans should indicate the location, height, floor area, and use of all
existing structures within the district and the location and floor area of
all proposed uses.
3. Storm drainage and sanitary sewage plans.
4. A landscaping plan prepared by a registered landscape architect, show-
ing types, sizes and locations of vegetation and decorative shrubbery,
and provisions for irrigation and maintenance. Location of the site of
all existing trees protected by City of Miami regulations shall be shown.
5. Plans and designs for sign and informational systems.
6. Such additional data, maps, plans or statements as may be required
65.11 REV. 1-1-75
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Section 5.—
for the particular use or activity or is pertinent to the final develop-
ment plan.
(c) APPROVAL OF FINAL DEVELOPMENT PLANS
After lands are rezoned to SPD-1 status, no building permits shall be issued
in such districts unless and until the Planning Department has approved final
development plans (as described in Section 4 (3), for the development as a
whole, or in stages or portions thereof. Where approvals by other agencies
or officers of the City are required, the Planning Department shall be re-
sponsible for coordinating such approvals. The form and content of such final
plans and reports shall be as prescribed in zoning subdivision or other reg-
ulations generally or for the SPD-1 District.
The site plan, and architectural drawings shall be in substantial accord
with the development concept plan as initially approved. Approved of final
development plans shall be based on regulations applying at the time the
land was zoned to SPD status, including such specific modifications, if any,
as were made by the City Commission.
Upon approval of final development plans building permits shall be issued
in the same manner as for building permit generally. Except cis provided
below, approved final plans and reports shall be binding on the applicants
and any successors in interest so long as SPD-1 Zoning is applied to the land.
(d) CHANGES IN FINAL DEVELOPMENT PLANS:
Changes in approved final development plans may be permitted by the
Planning Department on application of a property owner within the district,
providing that such changes involve minor modifications in the location, siting,
or characterof buildings and structures required by engineering or other
circumstances not foreseen at the time the final development plans were
approved. However, no change authorized by this subsection may cause any
of the following:
1. A change in the use, or character of the development as delineated
in the approved development concept plan.
2. An increase in the overall lot coverage of structures in district.
3. An increase in the intensity of use.
4. A reduction in approved open space.
5. A major change in the schedule of development as approved in Ithe
development concept plan.
All major changes as listed above, must be made by the City Commission
after a report by the Planning Department and a recommendation by 'the
Planning Advisory Board. Such amendments may be made only if they are
shown to be required by changes in conditions that have occurred since the
final plan was approved or by changes in community policy.
Any changes which are approved in the final plan must be recorded as
amendments in accordance with the procedure established for the recording
of the initial final plan documents.
(e) APPEALS:
Any property owner within a SPD-1 District, may appeal the decision or
interpretations of the Planning 'Department regarding disapproval of fina
development plans, by making written application to the Department of
Administration for the Planning and Zoning Board, within fifteen (15) days,
requesting a public hearing on the issue by the Planning Advisory Board.
Any aggrieved party may take an appeal from the decision of the Planning
Advisory Board to the City Commission by filing an appeal with the City
Clerk within 15 days after the Board's decision.
(f) TIME LIMITATIONS FOR FILING OF FINAL DEVELOPMENT PLANS:
Within a maximum of twelve months following approval of the required
SPD application and the development concept plan, the applicant shall 'file
with the Planning Department final development plans for the total project
or the initial stage thereof, if the development is to be accomplished in
stages. The final development plans shall be submitted in a final detailed
form as required in Section 4 (3) of this Article. At its discretion and for
good cause, the Planning Department may extend for six months (6) the
period for filing of the final development plans.
FLOOR AREA RATIO AND BONUS PROVISIONS
(1) BASIS FOR DETERMINING FLOOR AREA RATIO
The maximum floor area ratio within an SPD-1 Central Island District shall be
65.12 REV. 1-1-75
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determined after a careful review of the required application and develop-
ment concept plan to ensure the maximum development intensity is in accordance
with the general comprehensive plan for the City of Miami and is compatible
in terms of use and scale with the existing and potential land uses on the
main land adjacent to the connecting bridge and in the adjacent vicinity.
The Floor Area Ratio within SPD-1 Districts may be increased through special
bonus provisions in Sub -section 3 hereof, based upon the following considerations:
(a) The economic feasibility of the proposed development as projected in the
market analysis as required in Section 4(1)(a) 9, and the development
schedule in relation to existing and projected market conditions.
(b) The character of the proposed development in terms of mass, height, and
site coverage as it relates to the protection and enhancement of views from
or through the island area.
(c) The proposed development intensity and uses shall be based on the capacity
of the connecting traffic network to the mainland to accommodate ingress
and egress without severely impacting the adjacent traffic systems on the
mainland and creating traffic congestion. Final floor area ratios, permitted
and special uses shall take cognizance of the impact of the proposed
development upon existing and future traffic conditions and consider the
existing and potential mainland development. Adjacent circulation routes
and intersections must be adequate to handle the traffic generated by the
new development at the convenient level of service.
(d) The impact of the development upon educational facilities, public services
and utilities.
The Urban Development Review Board shall consider requests for floor area
ratio bonus provisions upon application. The Urban Development Review Board
after review of the bonus application shall forward its recommendations to
the Planning Advisory Board for consideration and action, in accordance with
Section 4(2) (e) of this article.
(2) FLOOR AREA RATIO:.
(a) Residential uses: The floor area shall not exceed the net area of the
district times 1.0 (FAR 1.0) except as provided in Section 5 (3) of this Article.
(b) Mixed Residential, Commercial and Office Uses: Residential use shall com-
prise at least seventy five (75) percent of the total floor area. The maximum
floor area shall not exceed the net area of the district times 1.75 (FAR 1.75)
except as provided in Section 5 (3) of this Article.
(3) BONUS PROVISIONS:
The following bonuses are accumulative and any or all the bonuses may be
used for calculating the maximum attainable floor area ratio which shall not
exceed the net area of the island times 2.5 (FAR 2.5) Each bonus may be
awarded at the maximum indicated or in portions thereof, based upon the
environmental considerations expressed in this section.
a) The floor area ratio may be increased by .01 for each sixty (60) feet of
accessible landscaped bayfront pubic easement for pedestrian purposes
which averages at least twenty (20) feet in width and is not less than fifteen
(15) feet. The minimum length of bayfront easement to receive a bonus
under this provision shall be at least forty percent (40%) of the perimeter
of the Island. The maximum permitted bonus under this provision shall be 0.5.
(b) The floor area ratio may be increased by .02 for each five (5) percent
increase of ground level pedestrian open space over thirty-five (35) percent
of the gross area of the district up to a maximum increase of .06.
(c) The floor area may be increased by two (2) sauare feet for each one (1)
square foot of floor area of a principal structure that is left open, unenc!osed,
and not used for parking purposes. The maximum bonus under this provision
shall be 0.05.
(d) The floor area may be increased up to a maximum of 0.15 providing that
the proposed development incorporates distinctive design features, as follows:
1. Landscaping (a maximum increase of .05): streetscape: open soaces
and plazas; pedestrian way treatment; recreational areas: superior use
of subtropical vegetation.
2. Siting (maximum increase of .05); visual focal points. view; sun and
wind orientation; circulation pattern; physical environment; variation in
building setbacks; visual corridors from the mainland and on the island;
creative land use arrangements; low lot coverage.
3. Superior design features (a maximum increase of .05); separation of
65.13 REV. 1-1-75
•
Section 6.—
vehicular and pedestrian traffic; distinctive and harmonious building
forms; harmonious use of materials; excellence in relationship of three
dimensional building forms; innovative building technology based on
conservation of energy.
SPECIAL LIMITATIONS ON LOT OR BUILDING SITE
COVERAGE BY ALL BUILDINGS AT VARIOUS ELEVATIONS
The maximum lot coverage for all buildings and structures within the SPD-1 districts
shall be sixty (60) percent of the gross area of the district. In addition to other
limitations set forth herein, the following shall apply to lot or building site coverage
by buildings or portions of buildings at the elevations indicated:
Percent of Lot or Building Site
Area Which May be Covered
Height Above Grade Principal Use Total for Principal
Only Use & Accessory Structure
20.0 feet or less 25 60
20.1 feet to 30.0 feet 24 55
30.1 feet to 40.0 feet 23 50
40.1 feet to 50.0 feet 22 45
50.1 feet to 60.0 feet 21 40
60.1 feet to 100.0 feet 20 30
100.1 feet to 250.0 feet 15 —
250.1 feet or over 10
Where two or more lots or building sites are contiguous or separated only by a
public street, lot or building site coverage calculations may be based on the com-
bination of such lots or building sites.
Section 7.— OPEN SPACE REQUIREMENTS
(1) Minimum Open Space
Total open space within the district shall be construed as the total gross area of
the district, as defined in Section 3 of this ARTICLE, minus the building area plus
usable roof area.
Building area shall be construed as total area covered by enclosed buildings
(taken at mean grade level of each building, including accessory buildings) in-
cluding total area or all covered open space (except for open space covered
by eaves and normal overhang of roofs) but not including uncovered entrance
platforms, uncovered terraces, or uncovered steps where such features do not
themselves constitute enclosures for building areas below them.
Usable roof area shall be considered as the total roof area of buildings which
have been suitably improved for pedestrian open space.
Minimum total open space shall be based upon the floor area ratio permitted
as indicated:
Minimum Total Open Space
Permitted F.A.R. % of Gross Area of District
1.0 60%
1.5 65%
2.0 70%
2.5 or over 75%
Required open space shall be located to provide for convenient, safe, use by occupants,
and as appropriate, by visitors. Location and use shall be consistent with the char-
acter of the site and with the intended general development concept plan for the
district.
(2) Minimum Pedestrian and Recreational Open Space
Pedestrian Open Space, as part of the total open space, shall be construed as
including areas barred to automotive vehicles (except for maintenance of such
areas or use 'by public or utility vehicles in emergencies) and improved for
pedestrian use and enjoyment. Such space shall include pedestrian ways, pro-
menades, landscaped areas; parks, and active and passive recreational areas.
Minimum pedestrian open space shall be at feast fifty (50) percent of the gross
area of the district.
(3) Minimums Ground Level Pedestrian Open Space
Ground level pedestrian open space shall be construed as including areas at
the grade line measured at the elevation of the bulkhead and allowing for a
five (5) foot variation along a given cross-section of the island area.
65.14 REV. 1-1-75
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Minimum ground level pedestrian open space shall be at least thirty-five (.35)
percent of the gross area. The majority of the ground level pedestrian open
space shall be most appropriately located toward the mainland portion(s)
of the island district.
(4) Minimum Open Space Generally Accessible to Residents and Workers In the
District.
In addition to or as a part of the open space requirements of this section a
portion of the area of the district shall be developed as usable pedestrian open
space which is generally accessible to all residents and workers in the district.
Minimum usable open space shall not be Tess than 1.25 acres for each one
thousand (1000) person residing in the district.
Section 8.— SPECIAL YARD AND OPEN SPACE REQUIREMENTS
The following special regulations and requirements apply to certain yards, setbacks
and open space in this district:
(1) Yards and Setbacks Adjacent to Streets
(a) Landscaped yards adjacent to streets other than service drives.
A yard ten (10) feet in minimum width shall be provided for all residential,
hotel, accessory structures at street level adjacent to all streets other than'
service drives. Such yards shall be maintained in landscaping except for
walkways and necessary vehicular ingress and egress and for pick-up or
discharge of passengers, and shall not be used for parking.
(b) Further setbacks adjacent to residential windows at lower levels.
Where portions of structures adjacent to streets contain windows of residential
units, or of hotel rooms intended to be used for sleeping, and where sills
of such windows are at or below an elevation of thirty (30) feet, as measured
from the inner curb elevations along such streets, such windows shall be
further set back from the inner line of the yard required at (a) above and
additional distance, as follows:
Elevation less than 10 feet 15 feet
Elevation 10-19 feet 10 feet
Elevation 20-29 feet 5 feet
Such setback shall be measured from the inner line of the yard required at
(a) above, projected vertically, but except for windows at an elevation of
less than ten (10) feet (,in which case a ground level yard is required) lower
portions of a structure not involving such windows may project into the set-
back area.
(2) Pedestrian Open Space At Ground Level Adjacent to Waterfront.
Adjacent to all bulkhead lines along major waterfronts, on each lot or parcel,
open space averaging twenty (20) feet in width and a minimum of fifteen (15)
feet in width shall be provided, landscaped, improved and maintained as a
portion of the requirements set forth herein, subject to such limitations on use
and access, including reservations and time limitations, as are reasonably neces-
sary for protection of security of property and tranquility of occupants.
Such walkways and related open space shall be approximately at ground
level (allowing for minor elevation for structures involved, such as boardwalks)
except where there are adequate reasons for higher elevations, including con-
nections with other portions of the pedestrian system, bridges over slips, or
connectors over streets.
(3) Above -ground pedestrian open space.
In furtherance of the intent set forth herein, pedestrian open space of appro-
priate dimensions and with appropriate improvements may be at above -ground
locations.
Section 9.— ELEVATED CIRCULATION ROUTES
Bridges for pedestrian use or for emergency access, open or enclosed, connecting
buildings or open spaces, may be erected across fire access routes at a minimum
elevation of sixteen (16) feet above curb level. If not exceeding twenty (20) feet in
width, such bridges may cross yards and pedestrian open space at a minimum
elevation of ten (10) feet, notwithstanding limitations on yards and covered open
space elsewhere set forth.
Such bridges may be used for normal pedestrian movement, for pedestrian mass
transport by moving walkways, for approved mass transit devices or for approved
vehicular access appropriate for use in a pedestrian -oriented environment.
65:15 REV. 1-1-75
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Section 10.—
SPACING BETWEEN BUILDINGS OR PORTIONS
OF BUILDINGS
The purpose of spacing requirements between buildings or portions of buildings is
to encourage more creative and imaginative design while ensuring adequate Tight,
ventilation and privacy between structures within the Central Island District. The
following principles set forth the basic assumptions underlying spacing regulations.
Privacy; the minimum building spacing requirement is intended to provide privacy
within the dwelling unit. The spacing between buildings may be reduced where
windows are placed in only one of two facing walls; where there are no windows;
or where the adequate screening for windows is provided; or where the windows
are at such a height or location that they provide adequate privacy.
Light and Air; the building spacing provides one method of ensuring that each room
has Tight and air. Building spacing may be reduced where there are no windows
or very small window areas and where rooms have adequate provisions for light
and air from another direction.
Building Configuration; where building configuration is irregular so that the needs
expressed for privacy and ventilation are met by the form of the building reduced
building spacing is permissible as determined by average spacing or by measuring
spacing where rooms open towards adjacent buildings.
The spacing of buildings within the Island District shall be determined by the formulas
relating to height, effective length, the type of wall (as related to window orienta-
tion) rather than traditional yard and bulk requirements. The following definitions,
formulas and diagrams shall guide the minimum spacing between buildings or por-
tions of buildings within the SPD-1 Island District.
(1) Height (Number of Stories)
Height shall normally be measured in number of stories, provided however that
where average height per story exceeds ten (10) feet, ten (10) feet shall be
construed to be one story.
Where there are one or more setbacks in the height of a building, the opens
space depth for each wall surface or plane shall be determined separately, and
the lower portion of the building may extend into the open space area required
for the higher portion, but must provide open space depth as required for it.
(2) Effective Length
Effective horizontal length of a building is the length of a building wall surface
in a single plane including minor setbacks. Where the length of a building
wall is angled or set back six (6) feet or more, the open space depth for each
wall surface or plane shall be determined separately.
(3) Permitted overlap of Open Space
Required intervening open space may overlap only where common use of the
open space does not affect the distant between two (2) opposing walls.
(4) Diagram illustrating Length, Depth, Height, and Permissible Overlap
The following diagram, entitled "Examples; Yard Depth Measurement/' from
Minimum Property Standards for Multi -family Housing, FHA, No. 2600, 1971,
illustrates determinations described in the subsections above. In interpreting
this diagram, the term "yard" should be construed as open space where it
applies to horizontal separation from lot lines or building site lines (as projected
upward involving stepped building forms.
65.16 REV. 1175
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HORIZONTAL SETBACK
IRREGULAR SHAPES
WING WALLS
D= YARD DEPTH
S= NUMBER OF STORIES
L. HORIZONTAL LENGTH
VERTICAL SETBACK
EXAMPLES OF YARD DEPTH MEASUREMENT
65.17 REV. 1-1-75
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(5) Types of walls
For purposes of adjacent open space requirements as provided herein, three types of walls are
distinguished.
(a) Open Space requirement adjacent to primary walls. Adjacent to primary walls, minimum
open space shall be as required by the formula D=6 + 2S + L/ 10, where D is distance in feet,
S is number of stories, and L is effective horizontal building length. (ORD. 8941)
(b) Secondary walls, containing only windows other than principal windows in major rooms for
daytime use. In the case of dwellings, this shall be construed as including bedroom,
bathroom and kitchen windows. In the case of hotels, this shall be construed as including
incidental windows for service areas, windows for bathrooms or toilets, windows adjacent
to elevator shafts and the like.
In the case of offices, windows for mailrooms, stock rooms and the like shall be construed
as being iri secondary walls.
(c) Windowless walls, containing no windows or other openings except as required for fire
protection.
(6) Spacing formulas, application, methods of measurement.
The formulas set forth below establish the amount of horizontal open space required adjacent to
individual primary, secondary or windowless walls. Such space shall be measured perpendicular
to such walls. Spacing between adjoining portions of buildings shall be the cumulative
requirements of the individual walls involved.
Where adjacent buildings are on adjacent individual lots, spacing shall be measured from the lot
lines involved (as projected vertically where the spacing requirement involved is based other than
at ground level).
Where more than one building is proposed to be built on a lot or parcel, building site lines
meeting spacing requirements shall be used to determine conformity. Where a building is on a lot
or building site adjoining a street or other permanent open space, up to 50% of the width of the
street or other permanent open space may be counted in providing building spacing, provided
however that this does not authorize building in any required yard or setback.
Height and effective length of walls of buildings based at grade shall be measured from grade;
height and effective length of walls of buildings rising from structural platforms shall be
measured from the platform elevation.
Spacing requirements shall apply to all buildings and portions of buildings, whether or not located
on the same lot, and regardless -of -use, provided that spacing of parking structures shall be
subject only to the requirements concerning yards adjacent to streets.
(a) Open space requirement adjacent to primary walls.
Adjacent to primary walls, minimum opens space shall be as required by the formula D-=-
6+S+L/10, where D is distance in feet, S is number of stories, and L is effective horizontal
building length.
(b) Open space requirement adjacent to secondary walls.
Adjacent to secondary walls, minimum open space shall be as required by the formula D-=-
2+S+L/ 10, with symbol representation as above.
(c) Open Space requirement adjacent to windowless walls.
No specific open space is required by these regulations adjacent to a windowless wall, it
shall be at least 3 feet in width. Greater separation shall be provided if required by
building or fire safety regulations.
65.18 REV. 1-1-80
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Section 11.—
Section 12.—
VARIATIONS FROM GENERAL REGULATIONS
APPLYING IN SPD-1 CENTRAL ISLAND DISTRICT
As a part of general action when plans require a recommendation by the Planning
Advisory Board and approval by the City Commission, the Commission may authorize
variations from regulations generally applying in a SPD-1 Central Island District upon
determination that the plan proposed by an applicant, while not strictly in accord
with regulations applying generally within the district, meets public purposes to an
equivalent or a greater degree. All maximums in this article are subject to the provi-
sions of this section.
CONFLICTS WITH OTHER PROVISIONS OF THE
ZONING ORDINANCES
It is intended that where there are conflicts between the requirements of this section
and other provisions of the zoning ordinance, the provisions of this section shall apply.
Section 13.— PARKING REQUIREMENTS
(1) Off -Street Parking
Off-street parking requirements for this district shall be as set forth in ARTICLE
XXIII, Section 4, except that when a parking garage serves both office and
residential buildings, the combined requirement for both uses shall equal one
space for each four hundred (400) square feet of gross floor area in offices
plus one space for each dwelling unit. In no case, however, shall the combined
parking requirement be less than the residential parking requirement when
computed separately.
(2) Structure Parking.
All required parking shall be in structures except for (a) temporary lots (b) a
maximum of 10% parking requirements may be provided by grade level land-
scaped parking areas for service related uses. No parking shall be permitted
on top of a parking structure unless the exposed deck is architecturally treated
and a plan is submitted for review by the Planning Department.
(3) Remote site parking is permitted under Conditional Use approval for any of the
required parking. Control of remote site parking is necessary to ensure proper
control of location, ingress and egress, and consideration of possible detrimental
effects to neighboring property. Remote sites may accommodate parking from
more than one site.
In connection with approval of any such remote site parking, an agreement
properly drawn and executed by the parties concerned, approved, as to form
and legality by the City Attorney, shall guarantee the maintenance and reserva-
tion of the spaces involved for the uses served, unless and until the same number
of spaces is provided elsewhere with the approval of the Zoning Board in accord-
ance with conditional use requirements.
Section 14.— SIGN LIMITATIONS
Sign limitations shall be as provided for the R-C-1 district in Article XXIV, Section 3.1.
65.19 REV. 1-1-75
ARTICLE XXI-4 SPD-2 - COCONUT GROVE - SPECIAL OVERLAY DISTRICT (ORD. 8627)
Section 1.- INTENT
(1) 'The Village of Coconut Grove ispossessed of a unique, culturaland historic heritage and a
distinct physical identity embodied in the diversity and abundance of plant material and the
limited scale of private development and public ways. It is therefore in the public interest that
future public and private development respect and enhance the. character of Coconut Grove's
physical environment, thereby preserving its property values and enhancing its desirability as a
place to live and work.
It is the intent of these regulations to preserve and enhance the elements of its community
character particularly as they relate to those areas that are highly visible, intensely developed
and strategically located along major entrances to the community. It is further intended that
these regulations protect against discordant or incongruent design and encourage development
which will lead to the conservation and improvement of the community in a manner appropriate
to the preservation of its unique physical, cultural and historic heritage.
Section 2.- EFFECT OF THE SPECIAL OVERLAY DISTRICT
(1) This district is superimposed over existing zoning districts and modifies these zoning districts to •
the extent indicated by the regulations set forth herein.
(2) This district shall be identified in the Comprehensive Zoning Atlas by the prefix SPD-2
encompassing existing zoning districts.
(3) All other zoning regulations and procedures not affected by this regulation shall be in full force
and effect.
Section 3.- SITE AND DEVELOPMENT PLAN REVIEWS
(I) All new development, redevelopment, remodeling or improvement, and/or additions to existing
sites or structures within the District shall be subject to site and development plan review by the
Planning Department in accord with Article IV, Section 42.
(a) Design Review Standards - the following standards shall be utilized in reviewing all site,
building and development plans. They are intended to provide a frame of 'reference for the
applicant in the development of site and building plans and are not regarded as inflexible
requirements, nor are they intended to discourage creativity and innovation.
I. Relation of Proposed Buildings to Environment
Proposed improvements shall be related harmoniously to the terrain and in particular
protect and. enhance natural features such as rock outcroppings, grade changes and
the Coastal Atlantic ridge. The relationship of new structures to surrounding
buildings shall be sympathetic with regard to form, size, spacing and visual character.
The design of new development shall be cognizant of Coconut Grove's limited but
distinct architectural heritage that spans the extremes of modest wood frame
settlers' homes to Italian Renaissanceestates and includes Bahamian, Conch, Spanish
and Mediterranean architectural styles.
The use of building materials and colors should be compatible with 'surrounding
development and in particular, landscaping.
2. Landscaping, Screening and Open Space
The landscape shall be preserved in its natural state, insofar as practicable, by mini-
mizing tree and soil removal. Landscape standards for off-street parking, yard areas"
and open space requirements established by this ordinance shall be considered as
supplemental to retention of the natural features of the site. Site design shall con-
sider the placement of buildings on the property to achieve maximum retention of
existing landscaping and open space as well as adequate provisions of new compatible
landscaping. The use of native plant materials is to be encouraged whenever possible
in landscape plant selection. All accessory areas and structures such as service and
loading areas shall be adequately screened by plantings or other screening methods to
achieve proper visual relationships with surrounding properties.
3. Drives, Parking and Circulation, and Utilities
Special attention shall be given to location and number of access points to the public
streets,internal and external traffic and circulation, separation of pedestrian and
vehicular traffic, and arrangement of parking areas that are safe and convenient.
Where.possible all utilities shall be underground with attention given to services and
servicing.of utilities.
Section 4.- HEIGHT.
(I) Within this district, no structure located in the following zoning districts shall be erected or
altered to exceed a height as specified for that zoning district:
R-4 - four (4) stories or forty (40) feet.
C-2 - four (4) stories or forty (40) feet.
65.20 REV. 1-1-78
ARTICLE XXII— PERFORMANCE STANDARDS
Section 1.—
Section 2.—
Section 3.—
Section 4.—
Section 5.—
Section 6.—
GENERAL
ALL USES in the C-4 (GENERAL COMMERCIAL) DISTRICT, C-5 (COMMERCIAL DISTRICT,
1-1 (LIGHT IDUSTRIAL) DISTRICT, and the 1-2 (GENERAL INDUSTRIAL) DISTRICT, shall
conform to the standards of performance described within this Article below and shall
be so constructed, maintained and operated so as not to be injurious or offensive to
the occupants of adjacent premises by reason of the emission or creation of noise,
vibration, smoke, dust or other particular matter, toxic or noxious waste materials,
odors, fire and explosive hazard or glare.
NOISE
Every USE shall be so operated as to comply with the maximum performance stand-
ards governing noise described below. Objectionable noises due to intermittance,
beat frequency or shrillness shall be muffled or eliminated so as not to become a
nuisance to adjacent USES. Sound levels shall be measured with a sound level meter
and associated octave band filter manufactured according to standards prescribed by
the American Standards Association.
Along property line abutting
a residential district between
8:00 A.M. and 6:00 P.M.*
Maximum permitted sound
level in decibels
72
67
59
52
46
40
34
32
Octave
bands in
cycles per
second
0-75
75-150
150-300
300-600
600-1,200
1,200-2,400
2,400-4,800
over 4,800
Along property line
abutting in industrial
or commercial district.
Maximum permitted sound
level in decibels
79
74
66
59
53
47
41
39
*Permissible sound level between 6:00 P.M. and 8:00 A.M. shall be decreased by
3 decibels in each of the octave bands.
VIBRATION
Every USE shall be so operated that ground vibration inherently and recurrently gen-
erated is not perceptible, without instruments at any point on the property line of the
property on which the USE is located. No vibration at any time shall produce an
acceleration of more than 0.1g or shall result in any combination of amplitudes and
frequencies beyond the "safe" range of Table 7 U.S. Bureau of Mines Bulletin No..
442. The equations of said bulletin shall be used to determine the values for enforcement.
SMOKE
Every USE shall be so operated as to prevent the emission of smoke, from any source
whatever, to a density greater than described as Number 1 on the Ringlemann Smoke
Chart, provided however, that smoke equal to, but not in excess of, that shade of
appearance described as umber 2 on the Ringlemann Chart may be emmitted for a
period or periods totaling four minutes in any thirty minutes. For the purpose of
grading the density of smoke, the Ringlemann Chart as published and used by the
United States Bureau of Mines, and which is hereby made, by reference, a part of
ARTICLES I to XXXVI shall be the standard. All measurements shall be at the point of
emission.
DUST AND DIRT
Every USE shall be so operated as to prevent the emission into the air of dust or other
solid matter which may cause damage to property and health of persons or animals
at or beyond the lot line of the property on which the USE is located.
INDUSTRIAL SEWAGE AND WASTE
Every USE shall be so operated as to prevent the discharge into any stream, lake, or
the ground of any waste which will be dangerous or discomforting to persons or
66 REV. 1-1-67
animals or which will damage plants or the like beyond the lot line of the property
on which the Use is located.
Section 7.— ODORS
Every USE shall be so operated as to prevent the emission of objectionable or offensive
odors in such concentration as to be readily perceptible at any point at or beyond
the lot line of the property on which the USE is located. There is hereby established as
a guide in determining the quantities of offensive odors Table III, Chapter 5, "Air
Pollution Abatement Manual" of the Manufacturing Chemists' Association, Inc., Wash-
ington, D.C.
Section 8.— GLARE —LIGHT
Every USE shall be so operated as to prevent the emission of glare of such intensity
as to be perceptible at anypoint on the lot line of the property on which the USE
is located.
Lighting shall be deflected, shaded and focused away from all adjoining property.
Section 9.— FIRE AND SAFETY HAZARD
Each USE shall be operated so as to minimize the danger from fire and explosion.
The specific regulations to be met are set forth in the South Florida Building Code
and the Fire Prevention Ordinance of the City.
Section 10.— PROHIBITED USES
For the purpose of preventing misinterpretation and for emphasis, the following opera
tions, and/or Uses, are specifically PROHIBITED in all Districts.
(1) Distillation of bones, fat rendering, glue, soap or fertilizer manufacturing.
(2) Manufacture of cement, lime, gypsum, or plaster of paris.
(3) Manufacture or storage of explosives or fire -works.
(4) Petroleum or asphalt refining or manufacturing.
(5) Reduction of garbage, refuse, offal or dead animals.
(6) Smelting or refining of iron, copper, tin, zinc and other metals or ores.
(7) Stock yards or slaughter houses.
(8) Tanning, curing, or storage of raw hides or skins.
(9) Coal distillation or coke ovens.
(10) Foundries.
(11) Drop forging.
(12) Steel mills or furnaces.
(13) Tar distillation.
(14) Coal, or coke -fired kilns.
(15) Wrecking yards or junk yards.
(16) Petroleum storage tanks except underground storage tanks in conjunction with
automobile service and/or filling stations:
(17) Rock pits or quarries for the removal of rock, sand, muck, or marl, for any
b purpose other than the leveling of land for construction or for necessary excava-
tions for foundations.
(18) Trailers (house trailers), trailer parks. (Except for existing licensed trailer parks
prior to the effective date of this ordinance.)
(19) No boat or vessel shall be used or maintained for sleeping or living purposes
or as a place of residence which is not sound seaworthy and equipped with
self-propelling machinery in good operating condition.
(20) No tent shall be erected, used, or maintained for living quarters.
67 REV. 1-1-67
ARTICLE XXIII- OFF-STREET PARKING AND LOADING
Section 1.- OFF-STREET PARKING REQUIRED.
(t) Every USE or structure "instituted, constructed, erected or structurally altered after the
effective date of this Ordinance shall provide off-street parking facilities in accordance with
provisions of this Article for the use of occupants, employees, visitors, or patrons, EXCEPT
WITHIN THE C-3 (CENTRAL COMMERCIAL) DISTRICT.
(2) Such off-street parking facilities shall be maintained and continued as long as the main Use is
continued.
(3) Any building or structure may be modernized, altered or repaired provided there is no increase in
floor area or capacity and there is no change of usewithout providing additional off-street
parking facilities.
(4) It shall be unlawful for an owner or operator of any structure or use affected by this Article to
discontinue, change, or dispense with, or cause, to the discontinuance or reduction of the
required parking facilities without establishing alternative vehicular parking facilities which
meets the requirements of this Article. It shall be unlawful for any person, firm, or corporation
to utilize such structure or use without providing the off-street parking facilities to meet the
requirements of and be in compliance with this Article.
Section 2.- LOCATION, CHARACTER AND SIZE (ORD. 8069)
(I) The off-street parking facilities required by this Article shall be located on the same lot or
parcel ofland that they are ,intended to serve, provided, however, when the size, shape or loca-
tion of a vacant or developed parcel of land prevents the establishment of such facilities on the
same lot or parcel, they may be provided on a properly zoned commercial or industrial lot or
parcel within 300 feet of the premises they are to serve. However, before such parking facilities
are approved, a recordable instrument shall be properly executed for the alternate -facility, and
said recordable instrument shall be properly executed for the alternate -facility, and said
recordable instrument shall be filed, as a matter of record, in the Building Department of the
City of Miami, the Clerk of the Circuit Court of Dade County,. Florida, and said lot or parcel
shall not be utilized for any subsequent use without authorizationof the Building Department.
(2) Each parking space required or provided shall not be less than the following: (ORD. 8636)
(a) 90° angle parking: Nine (9) feet in width and twenty (20) feet in length except that thirty
(30) percent of the spaces may be seven and one-half (79z) feet in width and seventeen (17)
felt in length and shall be clearly designated for "compact only" vehicles.
(b) 60 angle parking or less: Nine (9) feet in width and twenty (20) feet in length except that
thirty (30) percent of the spaces may be seven and one-half (Th) feet in width and
seventeen (17) feet in length and shall be clearly designated for "compact only" vehicles.
(c) Parallel parking: Nine (9) feet in width and twenty-five (25) feet in length except that
thirty, (30) percent of the spaces may be seven and one-half (7Vz) feet in width and
twenty—two (22) feet in length, and shall be clearly designated for "compact only" vehicles.
Each parking space shall be accessible from a street or alley from an adequate aisle or driveway
leading to a street or alley without driving throu&h any other parking space. Access aisles shall
be a minimum of twenty-three (23) feet for 90 angle parking, sixteen (16) feet and eight (8)
inches for 60° angle parking, ten (10) feet and ten (10) inches for 45° angle parking, and ten (10)
feet and four (4) inches for 30° angle parking. Except for lots fifty (50) feet or Tess in width,
driveways leading to parking areas shall have no less than eight (8) feet of paved width with no
projections into the driveway area for a height of seven (7) feet, and shall be a minimum of three
(3) feet from any building or structure, and a minimum of two (2) feet from any property line.
(ORD. 8320)
On lots having a width of fifty (50) feet or less, driveways leading to parking areas shall have no
less than eight (8) feet of paved width with no projections into the driveway area fora height of
seven (7) feet, and shall be a minimum of twenty (20) inches from any building or structure and a
minimum of two (2) feet from any property line. The aforementioned areas of separation for the
driveway shall be appropriately landscaped. (ORD. 8320)
Where it crosses the base building line, a driveway -shall be a minimum of five
68 REV. I -1 "-78
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(5) feet from any side property line and a minimum of nine (9) feet in width.
When parking spaces are located within the first twenty (20) feet of the front
yard, as measured from the base building line and laid out approximately
parallel with the base building line, a driveway that also serves as access aisle
shall be a minimum of eighteen (18) feet in width where it crosses the base
building line for buildings containing three (3) or more dwelling units. (ORD.
8320)
No door or pedestrian entrance at ground level shall open directly upon any
driveway or access aisle unless the doorway or pedestrian entrance is at least
three (3) feet from said driveway or access aisle. (ORD. 8320)
68.1 REV. 1-1-75
(3) All required and/or provided off-street parking facilities, including parking lots,
shall be properly surfaced, and drainage provided so as not to cause any nui-
sance or damage to adjacent property, and designed for the convenient access
and safety of pedestrians and vehicles, according to City of Miami standards,
Convenient access to parking spaces shall require that the width of the access
aisles be increased when the vehicular approaches to the parking spaces are
not perpendicular to the spaces and direct turning movements are not possible
when entering the parking space. Single-family and two-family dwellings may
utilize concrete ribbons in place of continuous surfacing. Any lighting of said
facilities shall be designed and arranged so as to prevent glare or excessive light
on adjacent property. All parking spaces shall be marked with double lines be-
tween spaces, and shall be provided with wheel stops or raised continuous curb-
ing serving as a wheel stop two (2) feet from the end of each space.
(4) There shall be no backing out into any street or thoroughfare, except for single
and two-family dwellings.
(5) For buildings containing seven (7) or more dwelling units the parking area shall
be located no closer than fifteen (15) feet to the front street base building line
or ten (10) feet to the side street base building line. For buildings containing
three (3) through six (6) dwelling units the parking area shall be located no closer
than seven and one-half (71/2) feet to the front or side street base building line.
This entire area shall be maintained in accord with the landscaping standards
contained herein, and/or with walkways, driveways, patios, terraces, or similar
type usage designed into these areas.
(6) The requirements set forth above pertaining to required surfacing, drainage, and
marking of parking facilities may be set aside, in part, for one-year periods,
upon the approval of the Zoning Board. (ORD. 8225)
(a) A finding is made that a portion of the required off-street parking area is
not needed because of the type of occupancy of a structure or the character
of a particular neighborhood.
(b) The area shall be maintained as open -space, either in recreational use and/
or landscaping, until such area may be converted to additional off-street park-
ing at the discretion of the owner or by the direction of the City.
(c) The Board shall establish a time limit on each such approval and shall review
each such approval annually in order to determine the continued validity of
the original finds relative to a granting of the approval. (ORD. 8225)
(d) These regulations shall not be construed as being a waiver of the required
number of off-street parking spaces in the allocating of area on a site for the
minimum requirements of off-street parking, nor shall any such waiver be
construed) as a means of providing usable open space.
Section 3.— LANDSCAPING (ORD. 8069)
(1) REQUIRED
(a). With the exception of parking garages or buildings, all required and/or pro-
vided off-street parking facilities and parking lots, shall be properly land-
scaped. The landscaping, as hereinafter required, shall include, to the extent
necessary to further the intent of this ordinance, lawn, shrubs, hedges, trees,
or other acceptable materials, plant or otherwise, which may be used as a
visual medium. The owner, tenant, or their agent if any, shall jointly and
singularly be responsible for the providing and maintenance of all landscap-
ing. Landscaping shall be maintained in good condition so as to present in
perpeuity, a healthy, neat and orderly appearance. (ORD. 8238)
(b) Prior to approval by the Building Department, of any building or paving per-
mit, a site plan shall be submitted which clearly and accurately designates
the existing and proposed parking spaces, access aisles, driveways, sprinklers
or water outlets, the location, size and description of all landscape materials,
and the relationship of the uses and/or structures that the off-street parking
facilities or lots are intended to serve. No such plan shall be approved by
the Building Department unless it is determined that the layout of the facili-
ties or lot -incorporating landscaping, will provide for reasonable protection
against undesirable effects with respect to contiguous property, and unless
it is determined that the landscaping will preserve and improve the appear-
69 REV. 2-1-74
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ance and character of the surrounding neighborhood, through the screening
effects and aesthetic qualities by such landscaping.
(c) In instances where substantial or meaningful plant material exists on a site
prior to its development, such landscape material may be used if approved
for meeting the requirements and intent of this Ordinance.
(2) PLANT MATERIAL
(a) All plant materials used pursuant to the provisions of this Ordinance shall be
graded "Florida No. 1," or better, as defined in "Grades and Standards for
Nursery Plants," Part I and II, by the State of Florida Department of Agri-
culture.
(b) Trees shall be at least eight (8) to ten (10) feet in overall height upon plant-
ing. All trees shall be of a shade tree variety which shall attain an average
mature spread greater than fifteen (15) feet and a trunk which can be main-
tained in a clean condition with over five (5) feet of clear wood, unless other-
wise specified herein.
(c) Shrubs and hedges shall be a minimum of two and one-half (21/2) feet in
height upon planting, hedge material shall be planted a maximum of two and
one-half (21/2) feet on center, and maintained so as to form a continuous, un-
broken, solid, visual ccreen within a maximum of one (1) year after planting.
(3) LANDSCAPED AREAS
(a) General
1. All landscaped areas containing trees shall have a minimum area of fifty
(50) square feet and a minimum width of five (,5) feet.
2. All landscaped areas shall be planted with grass or an acceptable ground
cover or material.
3. Water shall be readily available within one hundred (100) feet of all
landscaped areas.
4. All parking surfaces, access aisles and driveways shall be separated
from any wall, building, or structure by a minimum of twenty (20) inches
and landscaped with grass, ground -cover, or other suitable material.
This separation may be incuded cis part of the required parking stall.
(ORD. 8320)
(b) Periphery landscaping shall be provided as follows:
1. A landscaped area that is at least five (5) feet in width shall border all
periphery parking areas when said parking is located along any street or
is adjacent to any front required or provided yard area, except as other-
wise provided herein. The area shall be landscaped with trees no greater
than fifty (50 feet on center with a minimum of two (2) trees for each
street frontage, and a continuous hedge in the planting area. A wall may
be placed at the rear of the landscaped area.
2. A landscaped area at least five (5) feet in width shall be provided when
parking is located along any side or rear lot line, except as otherwise'
required herein. The landscaped area shall be planted with a continuous
hedge in the landscaped area, and with trees no greater than ninety
(90) feet on center, when the landscaped area does not abut a parking
row. (ORD. 8320)
A solid and continuous masonry wall, a minimum of two and one-half
(21/2) feet in height, whose surfaces are stuccoed, painted, tiled, or tex-
tured in such a way as to provide a decorative effect may be used irn
lieu of the landscaped area. (ORD. 8320)
3. No periphery landscaped area or decorative wall shall be required where
parking abuts an interior lot line in a commercial area or is adjacent to a
dedicated alley.
4. Where the placement of buildings or walls at least six (6) feet in height
cause parking in any commercial or industrial district to be located so as
not to be readily visible from a public street, the Building Department may
waive the landscaping required for that portion of the parking area that is
not readily visible from the street.
5. When parking abuts the yard areas or setback areas reauired pursuant
to Section 2(5) of this Article, these areas shall be landscaped in the
following manner:
Trees, no greater than fifty (50) feet on center, with a minimum of two
(2) trees for each street frontage; a hedge, or a solid and continuous
masonry wall, a minimum of two and one-half (21) feet in height, whose
70 REV. 1-1-75
•
surfaces are stuccoed, painted, tiled, or textured in such a way as to
provide a decorative effect at the rear of the landscaped area; with
a wall, shrubs, no greater than ten (10) feet on center. (ORD. 8320)
6. The yard areas required in conjunction with "Conditional Use" parking
facilities or pursuant to the requirements of Section 8 of this Article
shall be additionally landscaped in the following manner:
Trees, no greater than fifty (50) feet on center, with a minimum of two (2)
trees for each street frontage; with a wall, shrubs no greater than ten
(10) feet on center.
(c) Interior landscaping shall be provided as follows:
1. A landscaped area with a tree shall be required at the end of all parking
rows abutting an aisle or building.
2. For each row of parking there shall be a minimum of two (2) landscaped
areas with trees, within the first ninety (90) linear feet and one (1) land-
scaped area with a tree for each additional ninety (90) linear feet. For
each row of parallel parking there shall be a minimum of two (2)land-
scaped areas with trees, within the first seventy-five (75) linear feet and
one (1) landscaped area with a tree for each additional seventy-five (75)
linear feet. The landscaped areas shall be equally spaced wherever
possible.
3. For each row of valet or attendant parking there shall be a minimum of
one (1) landscaped area with a tree, within each ninety (90) linear feet.
The landscaped area shall be equally spaced wherever possible.
4. Where a parking row abuts a building, a cluster palm may be substituted
for the required tree or single palms may be substituted on a three (3)
palm to one (1) tree basis.
5. The total area of all interior landscaped areas shall not be less than ten
(10) square feet for each parking space provided on the site.
6. All interior landscaped areas of parking Tots shall be raised and curbed.
71 REV. 1-1-75
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Section 4.- AMOUNT OF OFF-STREET PARKING (ORD. 8069)
The off-street parking requiredby this Article shall be provided and maintained on the basis of the
following minimum requirements:
(1) SINGLE AND TWO-FAMILY DWELLINGS: -Single -Family, one parking space for each dwelling
unit; Two -Family, one parking space for each dwelling unit; Townhouses, two parking spaces for
each dwelling unit, subject to site plan approval. (ORD. 8069)
(2) MULTIPLE -FAMILY DWELLINGS, APARTMENT-HOTELS,AND PLANNED DEVELOPMENTS:
(ORD. 8069)
(a) APARTMENT BUILDINGS:
I. 1.0 parking spaces for each dwelling unit for the first four (4) units, and 1.5 parking
spaces for each dwelling unit for the next two (2) units.
2.. For seven (7) or more dwelling units, the following number of spaces is required:
a. 1.50 parking spaces for each efficiency or one bedroom dwelling unit.
b. 1.75 parking spaces for each two -bedroom dwelling unit.
c. 2.0 parking spaces for each dwelling unit with three (3) or more bedrooms.
(2-A) HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS:-1.5 parking spaces for each
dwelling unit, however 0.5 spaces per dwelling unit may be set aside and maintained as open
space, either in recreational use ana/or landscaping, until such area may be converted to
additional off-street parking at the discretion of the City. (ORD. 8636)
(2-13) HOUSING FOR THE ELDERLY:-0.30 parking spaces for each dwelling unit. (ORD. 8636)
(3) ROOMING HOUSES AND TOURIST HOMES: -One parking, space for each two rental sleeping units
plus one parking space for the owner or operator.
(4) DORMITORIES, SORORITIES, FRATERNITIES: -One parking space for each two beds.
(5) HOTELS: -One (I) parking space for each of the first forty (40) rental sleeping units; one (I)
additional parking space for every two (2) rental sleeping units thereafter. In addition, one (I)
employee parking space shall be provided for each ten (10) guest rooms. (ORD. 8069)
(6) MOTELS, TOURIST HOMES, VILLAS, COURTS: -One parking space for each dwelling unit or
rental sleeping unit.
(7) TRAILER COURTS, CAMP, OR PARKS: -One parking space for each trailer.
(8) HOSPITALS: -Two (2) parking spaces for each patient bed. (ORD. 8069)
(9) SANITARIUMS, CONVALESCENT HOMES, REST HOMES, NURSING HOMES, HOMES FOR THE
AGED, ASYLUMS, ORPHANAGES, AND SIMILAR WELFARE INSTITUTIONS: -One parking space
for each three hundred (300) square feet of gross floor area and used for sleeping room purposes.
(10) COMMUNITY CENTERS, LIBRARIES, MUSEUMS, POST -OFFICE, CIVIC CLUBS, PHILAN-
THROPIC AND ELEEMOSYNARY INSTITUTIONS: -One parking space for every four hundred
square feet of gross floor area.
(I I) PRIVATE CLUBS, LODGES, FRATERNAL BUILDINGS, UNION BUILDINGS: -One (1) space for
each one hundred (100) square feet of gross floor area. (ORD. 8069)
(12) AUDITORIUMS AND ASSEMBLY HALLS: -One parking space for each four seats where seats are
fixed and one parking space for each forty square feet of floor area for movable seats.
(13) CONVENTION HALLS, EXHIBITION HALLS, GYMNASIUMS, RACE TRACKS, FRONTONS,
SKATING RINKS, STADIUMS, SPORT ARENAS: -One parking space for each five seats provided
for patrons' use or one parking space for each 200 square feet of gross floor area, whichever may
be greater.
(14) COMMERCIAL RECREATIONAL AND AMUSEMENT ESTABLISHMENTS INVOLVING THE
ASSEMBLY OF PERSONS AND NOT GOVERNED BY ANY OTHER PROVISION: -One parking
space for every 200 square feet of area involved in such use.
(15) DANCE, HALLS: -One parking space for each 50 square feet of dance floor area.
(16) THEATERS: -One parking space for each four (4) seats.
(17) BOWLING ALLEYS: -Four (4) parking spaces for each alley.
(18) CHURCHES: -One parking space for each five (5) seats plus one parking space for each 50 square
feet of floor area in assembly rooms with movable seats, provided that these requirements shall
apply only to auditoriums and chapels and not to rooms used only for Sunday School Classes.
(19) JUNIOR HIGH, ELEMENTARY SCHOOLS, PUBLIC, PRIVATE OR PAROCHIAL: -One parking
space for each classroom plus one-fourth of the additional parkingspaces otherwise required by
this Section for roomsused for public assembly.
(20) SENIOR HIGH SCHOOLS AND COLLEGES: -One parking space for each classroom plus one
parking space for each ten (10) students or one-half of the additional parking spaces otherwise
required by this Section for rooms used for public assembly, whichever may be greater.
75 REV. I -1-78
Section 5.—
(21) BUSINESS, VOCATIONAL AND TRADE SCHOOLS: —One parking space for each
100 square feet of gross floor area in the building.
(22) MEDICAL OR DENTAL CLINICS: —One (1) parking space for each three hundred
(300) square feet of gross floor area. (ORD. 8069)
(23) BUSINESS, PROFESSIONAL OR GOVERNMENTAL ADMINISTRATIVE OFFICE: —
One (1) parking space for each four hundred (400) square feet of gross floor
area. (ORD. 7940)
(24) RESTAURANTS, LUNCH COUNTERS, TAVERNS, BEER GARDENS, BARS and NIGHT
CLUBS, (Operated as an accessory use to a principle use of a Hotel or Motel),
1.0 parking spaces for each 100 square feet of gross floor area in the building.
(OR'D. 8200) 0 c-1- 1 3
(24-A) SUPPER CLUBS and NIGHT CLUBS (Not operated as an accessory use to a prin-
ciple use of a Hotel or Motel), 1.3 parking spaces for each 100 square feet of
gross floor area in the building. (ORD. 8200)
(25) RETAIL AND SERVICE STORES: —One (1) parking space for each four hundred
(400) square feet of gross floor area of the building (ORD. 8069)
(26) SHOPPING CENTERS: —One (1) parking space for each one hundred and eighty
(180) square feet of gross floor area (ORD. 8069)
(26A) GASOLINE STATIONS: —Three (3) parking spaces for each service bay or stall.
(ORD. 8069)
(26B) GARAGES, PAINT AND BODY SHOPS: —Three (3) parking spaces for each service
bay or stall. (ORD. 8069)
(27) WHOLESALE, WAREHOUSE AND STORAGE BUILDINGS: —One (1) parking space
for each one thousand (1,000) square feet of floor area. (ORD. 8069)
(28) MANUFACTURING AND INDUSTRIAL USES, RESEARCH AN'D TESTING LABORA-
TORIES, BOTTLING ESTABLISHMENTS, PRINTING AND ENGRAVING SHOPS,
LAUNDRIES AND DRY CLEANING ESTABLISHMENTS: —One parking space for
each 1,000 (1,000) square feet of floor area.
(29) TERMINAL FACILITIES, INCLUDING AIRPORTS, DOCKS, RAILROAD PASSENGER
AND FREIGHT TERMINALS, MOTOR BUS DEPOTS, TRUCK TERMINAL, BATHING
BEACHES, SWIMMING POOLS AND THE LIKE: —Parking spaces in amount deter-
mined by the Board to be reasonably adequate to serve the public as customers,
patrons, and visitors.
(30) USES NOT SPECIFICALLY MENTIONED: —For any USE not specifically mentioned
in this Article, the requirements for off-street parking for a USE which is so men-
tioned and to which the said USE is similar, shall apply.
(31) FRACTIONAL MEASUREMENTS: —When units or measurements determining num-
ber of required off-street parking spaces result in requirment of a fractional
space, any such fractional equal to or greater than one-half shall require a full
off-street parking space.
(32) MIXED USES: —In the case of mixed uses, the total requirements for off-street
parking shall be the sum of the requirements of the various uses computed
separately and off-street parking space for one use shall not be considered as
providing the required off-street parking for any other use.
(33) MEASUREMENT: —For the purpose of this Article, floor areas shall mean the gross
floor area inside of the exterior walls. In hospitals, bassinets shall not be counted
as beds. In stadiums, sports arenas, churches, and other places of assembly, in
which occupants utilize benches, pews, or other similar seating facilities, each 20
lineal inches of such seating facilities shall be computed as one seat for the
purpose of computing off-street parking requirements.
COMBINED OFF-STREET PARKING: (ORD. 8069)
Nothing in this Article shall be construed to prevent collective provisions for a joint
use of off-street parking facilities for two or more buildings or uses by two or more
owners or operators, provided that the total of such parking space when combined or
used together, shall not be less than the sum of the requirements for the several indi-
vidual uses computed separately in accordance with this Article.
No part of an off-street parking area required for any building or use by this Article
shall be included as a part of an off-street parking area similarly required for another
building or use, unless the type of use indicates that the periods of usage will not over-
lap or be concurrent with each other as determined by the Board.
76 REV. 2-1-74
Section 6.— PARKING OF COMMERCIAL VEHICLES:
No off-street parking facilities required by this Article and supplied by or for a Use
to meet the requirements of this Article shall be utilized for the parking or storage of
Commercial vehicles owned by or utilized by such use during the time such use is in
operation.
Section 7.— OFF-STREET LOADING:
(1) On the same lot with every structure or use hereafter erected or created there,
shall be provided and maintained space for loading and un!oading of materials,
goods, or things, and for delivery and shipping, so that vehicles for these services
may use this space without encroaching on or interfering with the public use of
streets and alleys by pedestrians and vehicles.
(2) Where any structure is enlarged, or any use is extended so that the size of the
resulting occupancy comes within the scope of this Section, the full amount of
off-street loading space shall be supplied and maintained for the structure or
use in its enlarged or extended size. Where the use of a structure or land or any
part thereof is changed to a use requiring off-street loading space under this
Article, the full amount of off-street loading space shall be supplied and main-
tained to comply with this Article.
(3) For the purpose of this Section, an off-street loading space shall be an uninclosed
area at least twelve feet wide by forty-five feet long with fourteen and one-half
foot vertical clearance. Each off-street loading space shall be accessible from
a street or alley and arranged for convenient and safe ingress and egress by
motor truck and/or trailer combination.
(4) Off-street loading space shall be provided and maintained in accordance with
the following schedule:
(a) For each retail store, storage, warehouse, wholesale establishment, industrial
plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry
cleaning establishment, or similar use which has an aggregate floor area of:
1. Over 10,000 square feet but not over 25,000 square feet 1 space
2. Over 25,000 square feet but not over 60,000 square feet 2 spaces
3. Over 60,000 square feet but not over 120,000 square feet 3 spaces
4. Over 120,000 square feet but not over 200,000 square feet 4 spaces
5. Over 200,000 square feet but not over 290,000 square feet 5 spaces
6. For each additional 90,000 square feet over 290,000 square
feet or fractions thereof 1 space
(b) For each apartment building having over fifty (50) dwelling units, one (1)
space.
(c) For each auditorium, convention hall, exhibition hall, museum, hotel, apart-
ment -hotel, office building, sports arena, stadium, hospital, sanitarium, wel-
fare institution or similar use, which has an aggregate gross floor area of:
1. Over 10,000 square feet but not over 40,000 square feet 1 space
2. For each additional 60,000 square feet over 40,000 square
feet or major fraction thereof 1 space
(d) For any use not specifically mentioned in this Section, the requirements for
off-street parking for a use which is so mentioned and to which the unmen
tioned use is similar, shall apply.
(5) Off-street loading facilities supplied to meet the needs of one use shall not be
considered as meeting the off-street loading needs of any other use.
(6) No area or facility supplied to meet the required off-street parking facilities for a
use shall be utilized for or deemed to meet the requirements of this Article for
off-street loading facilities.
(7) Nothing in this Section shall prevent the collective, joint, or combined provision of
off-street loading facilities for two or more buildings or uses provided that such
off-street loading facilities are equal in size and capacity to the combined require-
ments of the several buildings or uses and are so located and arranged as to be
usable thereby.
(8) The Zoning Board may approve a reduction of off-street loading space to not
less than 30 feet and the required minimum vertical clearance to not less than 8
feet when the Zoning Board finds that the size, character and operation of a
particular building or use will not normally involve service by motor vehicles re-
quiring the length or vertical clearance of an off-street loading space specified
in Paragraph (3) of this Section. (ORD. 8225)
77 REV. 2-1-74
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(9) Plans for buildings or uses requiring off-street loading facilities under the provi-
sions of this Article shall clearly indicate the location, dimensions, c':earance and
access of all such required off-street loading facilities.
Section 8.— CONDITIONAL USE OFF-STREET PARKING LOTS (ORD. 8066)
(1) Accessory Parking Lots in Residential Districts.
(a) Parking lots permitted herein shall not be utilized to meet the number of off-
street parking spaces required by this Article, unless otherwise provided by
this Ordinance, commercial or industrial uses in existing structures that have
not provided or do not meet the required num'ber of off-street spaces may
provide an off-street parking lot pursuant to this regulation. Parking lots per-
mitted herein shall not be located further than three hundred (300) feet from
the premises they are intended to serve.
(b) The parking lot shall provide a front yard not less than twenty (20) feet in
depth. When a parking lot is separated from a commercial or industrial dis-
trict, by other than an a'.ley, a side street yard of fifteen (15) feet in depth
shall be provided. The yard areas shall not be used for parking.
(c) A solid textured masonry wall or a living hedge shall be placed between the
parking area and the required yard areas. Walls and hedges shall be a min-
imum of three (3) feet and a maximum of five (5) feet in height, and in
accord with Article IV, Section 17.
(d) Where access is available from an abutting commercial property which the
parking lot is to serve or from an adjacent alley, no access opening will
be permitted through a required yard area unless the parking lot abuts
and access is from a street classified as an arterial. Where access from an
abutting commercial property or alley is not available, one opening for
ingress and egress may be permitted through a yard area, limited to ten
(10) feet in width; with a wall and/or hedge opening twelve (12) feet in
width. (8137)
(e) Parking lots permitted herein shall not be used as commercial parking lots
(i.e. there shall be no charge made for parking).
(f) A parking lot shall be developed in accord with the application regulations
set forth in Section 2 and 3 of this Article.
Section 9.— ILLEGAL OFF-STREET PARKING: (ORD. 8069)
(1) It shall be illegal to use any lot for parking unless one of the following condi-
tions exists:
(a) The lot is improved in accord with the requirements of Sections 2 and 3 of
this Article.
(b) The lot has been previously approved and a permit and/or license issued.
(c) The lot is permitted pursuant to Article IV, Section 33.
(2) The illegal use of a lot for parking, as set forth above, shall be immediately dis-
continued and the lot shall be barricaded so as to prevent further usage for off-
street parking.
(3) Any commercial parking lot (fee charged) that has been previously approved and
a permit and/or license issued prior to December 31, 1966, and which does not
meet the requirements of Sections 2 and 3 of this Article, shall be brought into
compliance with Section 2 and 3 of this Article with nine (9) months.
78 REV. 2-1-74
•
•
ARTICLE XXIV— SIGNS (ORD. 7338)
Section 1.— GENERAL SIGN PROVISIONS
(1) PERMITS REQUIRED
(a) No sign, unless herein excepted, shall be erected, constructed, altered, posted,
painted, maintained, or located, except as provided in this ARTICLE and in
these regulations, until a permit therefore has been issued by the Building
Official.
'(b) Any sign requiring a permit shall be clearly marked with the permit number,
and the name of the person or firm placing the sign on the premises.
(2) EXCEPTIONS TO PERMITS REQUIRED:
The following signs are exempted from the provisions of Section 1 (1) above and
may be erected or constructed without a permit but in accordance with the
structural and safety requirements of the Building Code:
(a) Official traffic signs or sign structures, and provisional warning signs or sign
structures when erected or required to 'be erected by a legally -constituted
governing body.
(b) Changing of the copy of a bulletin board, poster board, display encasement
or marquee, subject to compliance with the South Florida Building Code. The
moving or relocating of sign embellishments previously approved by permit,
provided that such a change does not result in an increase in the total
area of the embellishment beyond the area that was approved in the
original permit for the embellishment and subject to compliance with the
South Florida Building Code.
(c) Signs on a truck, bus, trailer, or other vehicle while in use in the normal
course of a business.
(d) Decorative flags and bunting for city-wide celebrations, conventions and
commemorations when authorized by the City Commission for a prescribed
period of time.
(e) Symbolic flag and award flag of an institution or business (house flag),
one (1) for each institution or business, or one for each fifty (50) feet of
street frontage, on the premises.
(f) Weather flags, for providing accurate information on weather conditions,
one (1) set for each premises.
(g) Temporary, non -illuminated, real estate signs, not more than four (4)
square feet in area, advertising real estate for sale or lease, or announcing
contemplated improvements of real estate, and located on the premises,
one such sign for each street frontage.
(h) Temporary, non -illuminated signs erected in connection with new construction
work, when such signs do not exceed two (2) feet in height and three (3)
feet in width, and are displayed only during such time as the actual
construction work is in progress provided that such signs are located at the
site of the construction work in progress, one such sign for each street frontage.
SIGNS EXTENDING BEYOND THE BASE BUILDING LINE AND OVER ALLEYS
(a) No projecting sign shall extend more than four (4) feet beyond the Base
Building Line, with the exception of a sign on a marquee which extended more
than four (4) feet beyond the Base Building Line prior to the effective date
of this Ordinance.
(b) No projecting sign shall extend more than twenty-four (24) inchesto the curb,
with the exception of a sign on a marquee which was located nearer than
twenty-four (24) inches to the curb prior to the effective date of this Ordinance.
(c) No projecting sign shall have more than forty (40) square feet of sign area
extending beyond the Base Building Line, except a sign on a marquee which
exceeds forty (40) square feet of sign area extending beyond the Base Build-
ing Line prior to the effective date of this Ordinance, and except a sign
provided for in Section 4 of this ARTICLE.
(d) No sign extending beyond the Base Building Line shall be erected at a
height Tess than nine (9) feet above the established street grade.
(e) No sign extending over an alley shall be erected at a height less than
fifteen (15) feet above , the established street grade of the nearest
street.
(4) SIGNS AND SIGN DEVICES PROHIBITED
(a) No sign shall be constructed, erected, used, operated, or maintained so as
(3)
80 REV. 1-1-67
•
to display intermittent lights to the extent of confusing or distracting a motor-
ist, so as to display intermittent lights resembling or seeming to resemble the
flashing lights which are, customarily associated with danger or which are
customarily used by police, fire, or ambulance vehicles, or for navigational
purposes.
(b) No sign shall be constructed, erected, used, operated, or maintained which
uses the word "Stop" or "Danger" or presents or implies the need or re-
quirement 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
simulate, copy, or imply any official traffic warning, either for vehicles or for
pedestrians.
(c) No sign shall be constructed, erected, used, operated, or maintained so as
to provide a background of colored lights blending with the traffic signals to
the extent of confusing a motorist when viewed from normal approaching
position of a vehicle at a distance of twenty-five (25) to three -hundred (300)
feet.
(d) No sign shall be attached or otherwise applied to trees, utility poles, bus
benches, trash receptacles, or any other unapproved supporting structure.
(e) No sign shall have spinning, or strings of spinning, or similar -type devices.
(f) Signs which are not securely affixed to the ground, or otherwise affixed in a
permanent manner to an approved supporting structure, shall be prohibited.
(g) Political signs, except political signs appearing as copy on general advertising
structures, political signs on the premises of an authorized campaign head-
quarters, 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 or to political signs on
operable vehicles which are parked on private property, for a period not in
excess of sixteen (16) hours on any one lot, during the time between qualifi-
cation and election.
(h) Signs attached to or placed on a vehicle (including trailers) that is parked
on private property shall be prohibited. This provision is not to be construed
as prohibiting the identification of a firm or its principal products on a vehicle
operating during the normal course of business. Neither is it to be construed
as prohibiting such identification on a vehicle when it is parked temporarily
at a location other than the site where the business is located, provided
that such parking of a vehicle takes place subject to the following conditions:
1. The duration of parking shall not exceed, except on weekends or nationally
recognized holidays, a period of sixteen (16) hours.
2. The vehicle shall be parked within the confines of a building or in some other
manner which provides for effective screening so as not to allow the signs on
the vehicle to be viewed from any public street.
(5) APPEARANCE
(a) All flat signs, projecting signs, and ground signs shall have concealed struc-
tural members except for vertical supports or other supporting members which
are designed and arranged so as to be an integral part of the aesthetic
composition of a sign. Signs in general shall present a good structural ap-
pearance and when attached to a building it shall appear to be an integral
part of the building.
(b) All structural members on roof signs shall be concealed by the covering of the
members with an appropriate material or, at the discretion of the owner,
painted with a white, light gray or neutral color, but excluding dark colors
such as green, brown and red.
(c) All signs shall be maintained in good condition so- as to present a neat and
orderly appearance. The Building Official may cause to be removed, after
due notice has been given as provided in ARTICLE XXIX, Section 7, of this
Ordinance, any sign which shows gross neglect, which becomes dilapidated
or which has ground area around it that is not well maintained.
(6) VISION CLEARANCE
(a) No sign or sign structure is to be placed or located so as to conflict with the
vision clearance requirements of ARTICLE IV, Section 18 (1) and (2).
81 REV. 1-1-67
(7) ROOF SIGNS
(a) No permits shall be issued for new roof signs after the enactment of this
ordinance.
(8) PENNANTS, BANNERS, STREAMERS AND SIMILAR TYPE DEVICES
(a) Pennants, banners, streamers, and similar type devices shall be prohibited
twelve (12) months after the effective date of this regulation.
(9) GENERAL ADVERTISING SIGNS
(a) The following waterways within the City of Miami are hereby designated
as "Scenic Waterways:"
1. The Miami River and Miami Canal
2. Biscayne Bay
No general advertising sign shall be erected or altered along a designated
Scenic Waterway within two -hundred (200) feet of the official harbor line,
or where no official harbor line has been established, within two -hundred
(200) feet of the existing bank, unless the sign is erected or altered so that
any surface displaying advertising is oriented so as to be viewed primarily
from a direction other than from along the Scenic Waterway and unless the
orientation of the sign does not allow any surface displaying advertising
to be perceptible along the Scenic Waterway from any point greater than
six -hundred (600) feet from the nearest point on a sign structure. Within two -
hundred (200) feet of a Scenic Waterway, any portion of a sign structure
viewed from a Scenic Waterway either shall be effectively landscaped, or
shall be painted with a light -blue or similar colored paint so as to present
an attractive appearance when viewed from the Scenic Waterway.
(b) No general advertising sign shall be erected, constructed, altered, main-
tained or relocated within six -hundred (600) feet of the right -of -way -lines of
any limited access highway, including expressways, as established by the
State of Florida or any of its political subdivisions, unless such sign is parallel
to, or at an angle of not greater than thirty (30) degrees with the centerline
of any such limited access highway and unless such sign is also faced away
from any such highway.
(c) Embellishments on general advertising structures shall be allowed within the
total sign area limitation of 750 square feet. Such embellishments, however,
sha':I be limited to 100 square feet in area and shall not exceed the outer
limits of the sign structure by more than five (5) feet at the top, and two (2)
feet on each side and the bottom. The area of the embellishment shall be
measured independently from the permitted sign area and shall be calcu-
lated by enclosing it with a regular geometric shape. The sign and the em-
bellishment shall not exceed 750 square feet. (ORD. 7928)
(d) Open. (ORD. 7929)
(e) All visible elements of a general advertising structure shall be concealed
by the covering of the members with an appropriate material or painted a
uniform light neutral color. (ORD. 7929)
(10) SIGNS ON. BISCAYNE BOULEVARD
(a) Notwithstanding any other provisions of this Ordinance, no sign shall be
erected, placed or constructed along Biscayne Boulevard, between N.E. 13th
Street and N.E. 87th Street, so as to result in any signs extending beyond
the Base Building Line of Biscayne Boulevard or any parkway in said street.
(11) SETBACK REGULATIONS
(a) All signs shall comply with yard requirements of the zoning district in which
they are located, unless otherwise specified in these regulations.
(12) ILLEGAL SIGNS
(a) The Building Official shall have authority to remove or cause to be removed,
any sign erected, painted, or maintained in conflict with these regulations or
with other laws or Ordinances. The materials obtained from such a move
may be appropriated by the City of Miami to offset the cost of removal.
The removal of a sign by the Building Department shall not affect any pro-
ceedings instituted prior to the removal of such sign.
(13) NON -CONFORMING SIGNS
(a) All non -conforming signs shall be subject to tht provisions of ARTICLE XXVIII,
Section 3 (3) (a), unless otherwise exempted from such provisions.
(14) VACATED BUILDINGS
(a) Any owner -identification signs advertising a commodity or service previously
82 REV. 1-1-71
..associated with a premise which is vacated shall be removed from the prem-
ises by the owner or lessee not later than six (6) months from the time such
activity ceases to exist, or shall be altered or resurfaced by the owner or
lessee within the same six months period so that the sign will not display
letters, numerals, symbols, figures, designs, or any other device for visual
communication that would pertain to the activity formerly associated with
the vacated premises.
(15) LIGHTING
(a) No sign shall be illuminated or flashing unless specifically provided by the
provisions of this Ordinance.
(b) •Flashing signs shall not be located within one -hundred (100) feet of any
property in a residential district as measured along the street frontage on
82.1 - REV. 1-1-71
the same side of the street or as measured by a straight line to property
across the street, if such sign is visible from the residential district.
(16) DETACHED SIGNS
(a) In residential districts, detached signs shall not exceed a height of twenty
(20) feet above the grade of street to which the sign is oriented.
(b) In commercial and industrial districts, detached signs shall not exceed a
height of thirty (30) feet above the grade of street to which sign is oriented.
(17) PERMITTED SIGNS FOR NON -CONFORMING USES
(a) A non -conforming use in a residential district shall be permitted to have one
(1) sign of the type permitted in the R-3, R-3A, R-4, R-5, R-5A, R-C and R-CA
districts.
(b) A non -conforming use in a commercial or industrial district shall be permitted
to have those signs permitted in the district in which said non -conforming use
is located.
Section 2.— SIGNS, IN THE R-1, R-1A, R-1B, R-2 AND R-PD DISTRICTS
Signs, non -illuminated, owner -identification, are permitted as accessory uses as follows:
(1) Name plate, one (1) for each street frontage on the premises; two (2) square feet
in area, to identify the owner or occupant of a dwelling or building.
(2) Private directional sign, one (1) for each street frontage on the premises, one
(1) square foot in area.
(3) A sign, limited in area to ten (10) square feet, for the identification of a sub-
division of development.
(4) An owner -identification sign, limited in area to twenty (20) square feet, one (1)
for each street frontage on the premises, for the identification of permitted non-
residential uses, other than the home occupation permitted by ARTICLE V, Sec-
tion 1 (8).
(5) Real Estate sign, one (1) for each street frontage on the premises, limited in
area to four (4) square feet in area.
(6) Construction sign, one (1) for each street frontage on the premises, limited in
size to two (2) feet in height and three (3) feet in width, erected in connection
with new construction work in progress.
(7) One (1) permitted sign may be located in a required yard, provided said sign
is not located nearer than ten (10) feet to any base building line.
Section 3.— SIGNS IN THE R-3, R-3A, R-4, R-5, R-5A, R-C, AND R-CA DISTRICTS
Signs, illuminated or non -illuminated, owner -identification, are permitted as accessory
uses as follows:
(1) A name plate, two (2) square feet in area, to identify the owner or occupant
or a dwelling or building.
(2) Flat sign, one (1) facing each street frontage. The sign area shall be limited to
forty (40) square feet, provided however, that the permitted area of the flat
sign may be increased by 21/2 percent for each foot above the first ten (10) feet
of building height above grade that the lowest point of the sign is placed upon
the building. (ORD. 8187)
(3) Projecting or detached sign, one (1) located adjacent to each street frontage.
The sign area shall be limited to forty (40) square feet, for each face.
(4) Two (2) directional signs, with the sign area not exceeding one (1) square foot
for each sign.
(5) Real Estate sign, one (1) for each street frontage on the premises, limited in area
to four (4) square feet in area.
(6) Construction sign, one (1) for each street frontage limited to forty (40) square
feet in area, erected in connection with new construction work, and displayed
only during such times as the actual construction work is in progress.
(7) The two (2) directional signs and one (1) other sign permitted by this section may
be located in a required yard, provided that said signs are notlocated nearer
than ten (10) feet to any base building line.
Section 3-1 SIGNS IN THE R-CB AND R-C-1 DISTRICTS (ORD. 7985)
Signs, illuminated or non -illuminated, owner -identification, are permitted as accessory
uses as follows:
(1) A name plate, two (2) square feet in area, to identify the owner or occupant
or a dwelling or building.
83 REV. 2-1-74
•
Section 4.-
•
(2) Flat sign, one (1) facing each street frontage. The sign area shall be limited to forty (40) square
feet, provided however, that the permitted area of the flat sign may be increased by two and
one-half (214) percent of each foot above the first ten (10) feet of building height above grade
that the lowest point of the sign is placed on the building. (ORD. 8187)
(3) Projecting or detached sign to identify the principal use or building, one (I) located adjacent to
each street frontage. The sign area shall be limited for forty (40) square feet, for each face.
(4) In the R-CB District, the signs for approved retail uses shall be as follows: Signs shall be limited
to architecturally integrated flat wall signs of f. square foot per lineal feet of use, not to exceed
ten (10) square feet, with a maximum height of one (I) foot. There shall be only one (1) sign per
street frontage per retail use.
(5) In the R-C-I District, signs for retail uses as a part of a principal structure and on the ground.
floor shall be as follows:
One (1) architecturally integrated flat wall sign for each use, limited in area to one-half (Y2)
square foot of sign area for each lineal foot of street frontage not to exceed forty (40) square
feet in size.
(6) No signs shall be permitted in the windows of the store fronts, visible from public rights —of —way.
(7) Two (2) directional signs, with the sign area not exceeding one (I) square foot for each sign.
(8) Real Estate sign, one (I) for each street frontage on the premises, limited in area to four (4)
square feet in area.
(9) Construction sign, one (I) for each street frontage limited to forty (40) square feet in area,
erected in connection with new construction work, and displayed only during such times as the
actual construction work is in progress.
(10) The two (2) directional signs and one (I) other sign permitted by this section may be located in a
required yard, provided that said signs are not located nearer than ten (10) feet to any base
building line.
SIGNS IN THE C-I, C-2, C-3, W-R and W-1 DISTRICTS (ORD. 8639)
Signs, illuminated or non -illuminated are permitted. as accessory uses as follows:
(1) Flat signs, owner -identification, shall not exceed an aggregate sign area of two and one-half (2V2)
square feet of area for each lineal foot of wall fronting on a street when any portion of such sign
is within fifteen (15) feet above grade. The permitted sign area may be increased by one (1)
percent for each foot above the first fifteen (15) feet of building height above grade, that the
lowest point of the sign is placed upon the building. Flat signs shall be located on the street
frontage on which the permitted sign is based, provided, however, that ,one (I) of the three signs
permitted for each street frontage may be located on a side wall, provided further that such sign
is included as part of the total permitted aggregate sign area.
(2) Projecting signs, owner -identification, shall not exceed one (I) for each business on the premises,
with the sign area limited to forty (40) square feet for each face. However, projecting signs
erected in the C-3 District may be increased in area as follows:
MAXIMUM PROJECTION
FROM FACE OF BUILDING AREA
Two (2) feet or less 80 square -feet
More than two (2) feet but
less than three (3) feet 60 square feet
More than three (3) feet
but not more than four (4) feet 40 square feet
(3) Detached signs, owner -identification, shall be limited to one (1) sign and to forty (40) square feet
of area (for each face) for each business or for each fifty (50) feet of street frontage. The
permitted sign area for detached signs may be cumulative, but no one (1) sign shall exceed one
hundred (100) square feet in area for each face.
(4) Signs attached to the bottom of a marquee, shall not exceed one (I) for each business on the
premises, with sign area limited to three (3) square feet, maintaining an elevation of at least nine
(9) feet above grade.
(5) Non -illuminated paper or painted signs in windows shall not exceed twenty percent (20%) of the
total glass area of the window in which they are placed, and shall be included as part of the
permitted aggregate flat sign area.
(6) Directional signs, giving directions to motorists regarding the location of parking areas and
access drives, shall not exceed five (5) square feet in area.
(7) Real Estate signs shall not exceed one (1) for each street frontage and shall be limited in size to
fifty (50) percent of the area permitted for the same type of permanent sign.
(8) Construction signs shall not exceed one (I) for each street frontage and shall be limited in size to
fifty percent (50%) of the area permitted for a permanent sign the same type.
(9) Owner -identification signs may have not more than fifty percent (50%) of their actual area
devoted to the advertising of subsidiary products sold on the premises.
83.1 REV. 1-I-78
Section 4.1- SIGNS IN THE C-IA DISTRICT (ORD. 8639)
Signs, illuminated or non -illuminated, are permitted as accessory uses as follows:
(I) (a) Flat signs;' owner -identification; shall not exceed an aggregate sign area of two and
one—half (2Y2) square feet of area for each lineal foot of store or building frontage when any
portion of such sign is within fifteen (15) feet above grade. The permitted sign area may
increased by one (1) percent for each foot above the grade that the lowest point of the sign
is placed upon the building. Flat signs shall be located on the store or building frontage
identified as the shopping frontage(s), one sign for each store or building frontage.
(b) Except as otherwise provided, a second flat sign, not exceeding twenty (20) square feet may
be located on the rear wall of store or building to identify loading or unloading access or
pedestrian access provided that the rear of the store or building does not face an "R"
zoning district.
(c) Stores or buildings the rear of which face an "R" zoning district shall be limitedto a non -
illuminated name plate not exceeding five (5) square feet in area.
(2) (a) Detached signs for identification of the shopping center, shall be limited to one sign not to
exceed three hundred (300) square feet in area located on the major street frontage of at
least five hundred (500) lineal feet and one sign not to exceed one hundred (100) square feet
in area for each minor street frontage of at least three hundred (300) lineal feet which is
not adjacent or across from an "R" zoning district.
The base of the detached signs shall be properly landscaped so as to hide supporting struc-
tural members and to provide a neat and orderly appearance around the base of the signs.
(b) Advertising kiosks, and pedestrian directional signs, when confined to the shopping center's
pedestrian areas, not exceeding a height greater than the walkway canopy or in lieu thereof
the store ceiling height, and the width, length or diameter shall not exceed five (5) feet.
(3) Owner identification signs, attached to the bottom of a marquee or roof of a covered walkway
shall not exceed an area of three (3) square feet, maintaining a clear height at least nine (9) feet
above the sidewalk or walkway. One such sign shall be permitted for each business or one (I) sign
for each fifty (50) feet of store or building frontage.
(4) Non -illuminated paper or painted signs in windows shall not exceed twenty percent (20%) of the
total glass area of the window in which they are placed, and shall be included as part of the
permitted aggregate flat sign area.
(5) Directional signs, giving directions to motorists regarding the location of parking areas and
access drives, shall not exceed five (5) square feet in area.
(6) Notwithstanding the sign regulations contained herein, unique sign designs which do not comply
with the literal application of the sign regulations contained herein, may be approved as part of
the required development plan approval, provided that the height and area deviations do not
exceed the existing regulations by an amount greater than twenty-five (25) percent of that
permitted.
Section 5.- SIGNS IN THE C-4, C-5, 1-1 and 1-2 DISTRICTS
Signs, illuminated or non -illuminated, flashing or non -flashing, are permitted as accessory uses as
follows:
(I) Flat signs, owner -identification, shall not exceed an aggregate sign area of three and one-half
(3Y2) square feet of area for each lineal foot of wall fronting on a street when any portion of such
sign is within fifteen (15) feet above grade. The permitted sign area may be increased by one (I)
percent for each foot above the first fifteen (15) feet of building height above grade, that the
lowest point of the sign is placed on the building. , Flat signs shall be located on the street
frontage on which the permitted sign area is based, provided, however, that one (I) of the three
signs permitted for each street frontage may be located on a sidewall, provided that such sign is
included as part of the total permitted aggregate sign area.
(2) Projecting signs, owner -identification, shall not exceed one (I) for each business on the premises,
with the sign area limited to forty (40) square feet for each face.
(3) Detached signs, owner -identification; shall be limited to one (1) sign and to forty (40) square feet
of area (for each face) for each business or for each fifty (50) feet of street frontage. Permitted
sign area for detached signs may be cumulative, but no one (I) sign shall exceed two hundred
(200) square feet in area for each face.
(4) Signs attached to the bottom of a marquee, shall not exceed one (I) for each business on the
premises, with sign area limited to three (3) square feet for each such sign.
(5) Non -illuminated paper of painted signs in windows shall not exceed twenty percent (20%) of the
total glass area of the window in which they are placed, and shall be included as part of the
permitted aggregate flat sign area.
(6) Directional signs, giving directions to motorists regarding the location of parking areas and
access drives, shall not exceed ten (10) square feet in oreo.
(7) Real Estate signs shall not exceed one (1) for each street frontage and shall be limited in size to
fifty percent (50%) of the area permitted for a permanent sign of the same type.
(8) Constructionsign, shall not exceed one (I) for each street frontage and shall be limited in size to
fifty percent (50%) of the.area permitted for a permanent sign of the same type.
(9) Owner -identification signs may have not more than fifty percent (50%) of their actual area
devoted to the advertising of subsidiary products sodd on the premises.
84. REV. I -1-78
•
•
•
Section 6.- SIGNS IN THE C-2A DISTRICT (ORD. 8383)
The following provisions and guidelines shall apply to al! signs erected within the C-2A District:
(I) Off -site signs, billboards, and poster panels, except when placed on public advertising kiosk or
stand, shall be prohibited.
(2) Number and area limitations:
(a) For signs erected with their highest portions below a height of fifteen (15) feet above curb
level, maximum sign allotment shall be one (I) sign for each business and not to exceed
twenty (20) square feet of surface area.
(b) Signs erected with their lowest portions at or above fifteen (15) feet above curb level on
buildings or portions of buildings shall be only owner -identification signs designating the
name of the building and the name and nature of establishments therein. Only one (I) such
sign shall be permitted for each exposed face of the building except where the building face
exceeds one hundred and fifty (150) feet in length, a second sign shall be permitted.
Maximum area allotment for any such sign shall be fifty (50) square feet.
(c) No sign shall project more than three (3) feet beyond the wall on which mounted.
(d) Signs attached to the bottom of a marquee, shall not exceed one (I) for each business on
the premises, with sign area limited to three (3) square feet, maintaining an elevation of at
least nine (9) feet above grade.
(e) Non -illuminated paper or painted signs in windows shall not exceed twenty percent (20%) of
the total glass area of the window in which they are placed, and shall be included as part of
the permitted aggregate flat sign area.
(f) Directional signs, giving directions to motorists regarding the location of parking areas and
access drives, shall not exceed five (5) square feet in area.
(g) Real estate signs shall not exceed one (1) for each street frontage and shall be limited in
size to fifty percent (50%) of the area permitted for the same type of permanent sign.
(h) Construction signs shall not exceed one (1) for each street frontage and shall be limited in
size to fifty percent (50%) of the area permitted for a permanent sign of the same type.
(i) In addition to the provisions of paragraph (a) and (b) of this section, for establishments of
the performing and/or exhibiting arts, (i.e. theaters, cinemas, museums, art galleries or
concert halls), flat signs for the purpose of announcing an event, exhibit, performance or
show of a temporary or limited engagement, shall not exceed an aggregate sign area of two
(2) square feet of area for each lineal foot of wall fronting on a street, provided, however,
that the aggregate sign area shall not exceed 200 square feet per building wall. (ORD.
8616)
(3) General Guidelines
(a) The overall sign impact, size, shape, texture, method of attachment, color, and lighting
should be in relationship to the building where it will be installed and the street from which
it will be seen.
(b) The sign should adhere to or enhance sight lines both parallel and perpendicular to
sidewalks. The primary reference will be oriented to the average pedestrian eye level
view, although views into or down the street from adjacent buildings should be considered.
(c) Types:
I. Flat wall signs are the preferred method of signing, as they generally complement and
can be integrated with the architecture better than projecting signs.
2. A projecting double-faced sign of modest size, if designed appropriately, can provide
a point of reference and information without adding to visual clutter or distraction.
3.. Special symbolic or three-dimensional signs such as a shoe or a fish, or a shaving mug
are generally acceptable, provided they meet other sign guidelines. These signs con
add special character to the district and reduce redundant graphics.
4. Painted wall signs, where found permissible, should be placed near the first door
facade and must be proportionate to that facade respecting the integrity of the
architecture and be designed integral with the architectural facade.
(d) Size: The size of any sign should respect the integrity of the building's design and the
buildings in the immediate vicinity. If possible, the sign should also reflect the character
and use within the structure. In general, the sightlines and scale of the pedestrian should
gauge the size, location, and type of sign. Since the district is predominantly pedestrian
oriented and, in that context, the emphasis will be on the pedestrian scale in preference to
the motorist and the resultant scale of perception.
(e) Sign Location: No sign should be placed on a structure so that it will disfigure or conceal
architectural features or details of the structure.
(f) Materials such as wood, wrought iron, steel, metal grillwork, should be carefully selected
with consideration for compatibility with architectural features and other building
materials. Simplicity and restraint in material selection is important.
(g) Thesign attachment should reflect the architectural integrity of the structure and relate
to or become an extension of the architecture, for example: Signs utilizing an archway
should reflect the archway in their configuration. Projecting signs not an integral feature
of an arcade or facade should appear as a separate entity from the structure by creating a
space between the sign itself and the building, to separate the sign from the facade.
(h) Signs lighted from indirect sources are generally preferable to back -lit signs of the fluo-
rescent type, or exposed neon tubing.
85 REV. I-1-78
•
(4) Sign Approval (ORD. 8616)
(a) Any sign permitted by subsection (2), paragraphs (a), (b), (d), (f) and (i) of this section shall
be required to have the approval of the Planning Department before a sign permit is issued
by the Building Department. The purpose of sign approval is to assure that signs are in
accord with the general guidelines of this section.
85.1 REV. I - I -78
ARTICLE XXV— BASE BUILDING LINES (ORD. 7268)
Section 1.— BASE BUILDING LINES ESTABLISHED
Base Building Lines are hereby established for the purpose of assuring that sufficient
space occurs between the street fronts of buildings and structures; to provide for
natural light and circulation of air; to lessen the adverse effect resulting from fire,
floods, tornadoes, and hurricanes; to provide for access for fire -fighting apparatus or
rescue and salvage operations; to facilitate provisions for traffic, transportation and
circulation, and to promote safety, health, amenity and general welfare within the
City. No building, structure, or part thereof, excepting such encroachments beyond a
street line as are specifically permitted by the South Florida Building Code or this
Ordinance, shall be erected, structurally altered, enlarged or extended beyond the
base building lines established by this Ordinance.
All streets in the City of Miami not otherwise designated by this Ordinance shall be
established at a minimum width of fifty (50) feet, and the base building line shall
be located twenty-five (25) feet from the official center line, said official center line
to be determined and established by the Director of the Department of Public Works of
the City of Miami.
Where the existing platted or dedicated street right-of-way lines are at a greater
distance from the official center line than established base building lines, then such
existing right-of-way lines shall constitute the base building lines.
Center line descriptions for the streets described herein are on file in theoffices of
the City Clerk and the Department of Public Works of the City of Miami and are
hereby adopted by reference and are to be considered as being embodied in this
ordinance in the same manner as if hereinafter set forth.
Base Building Lines shall be located as specified for each of the following designated
streets:
STREETS In DISTANCE IN
TERRACES Numerical FEET FROM CENTER
LANES Order LINE TO BASE
BUILDING LINE
(1) 1ST STREET, N.W., MIAMI AVENUE TO N.W. 1ST AVENUE 35
(2) 1ST STREET, N.W., N.W. 17TH AVENUE TO N.W. 22ND AVENUE
(ORD. 6907) 20
(3) 1ST STREET, N.E., MIAMI AVENUE TO N.E. 1ST AVENUE 27.5
(4) 1ST STREET, S.E. & S.W., BISCAYNE BOULEVARD TO S.W. NORTH
RIVER DRIVE 37.5
(5) 1ST STREET, S.W., S.W. 5TH AVENUE TO S.W. 17TH AVENUE 35
(6) 1ST STREET, S.W., S.W. 19TH AVENUE TO S.W. 22ND AVENUE 42.5
(7) 2ND STREET, N.W., MIAMI AVENUE TO N.W. 1ST AVENUE 35
(8) 2ND STREET, N.W., N.W. 8TH AVENUE TO N.W. 17TH AVENUE 35
(9) 2ND STREET, S.W., S.W. 2ND AVENUE EAST TO FLORIIDA EAST COAST
RAILWAY 35
(10) 2ND STREET, S.W., S.W. 4TH AVENUE TO S.W. 8TH AVENUE 32.5
86 REV. 1-1-67
•
(11) 3RD STREET, N.W., N.W. 47TH AVENUE TO N.W. 48TH AVENUE 20
(12) 3RD STREET, N.W., N.W. 17TH AVENUE TO N.W. 22ND AVENUE 35
(13) 3RD STREET, N.W., N.W. 32ND AVENUE TO N.W. 34TH AVENUE 50
(13-A) 3RD TERRACE, N.W., N.W. 23RD AVENUE TO N.W. 23RD COURT (ORD.
8064) 16
(14) 4TH STREET, N.W., N.W. 8TH AVENUE TO N.W. 12TH AVENUE 35
(15) 4TH STREET, S.W., S.W. 17TH AVENUE TO S.W. 22ND AVENUE 20
(16) 5TH STREET, N.E. & N.W. BISCAYNE BOULEVARD TO N.W. 7TH AVENUE 35
(17) 7TH STREET, N.W., MIAMI RIVER TO WEST CITY LIMITS 35
(18) 8TH STREET, N.E. & N.W., BISCAYNE BOULEVARD TO N.W. 1ST AVENUE 35
(19) 8TH STREET, S.E. & S.W., S.E. MIAMI AVENUE ROAD TO 17TH AVENUE 35
(20) 8TH STREET, S.W., S.W. 17TH AVENUE TO S.W. 19th AVENUE 37.5
(21) 8TH STREET, S.W., S.W. 19TH AVENUE TO S.W. 23RD AVENUE 35
(22) 8TH STREET, S.W., S.W. 23RD AVENUE TO S.W. 27TH AVENUE 37.5
(23) 8TH STREET, S.W. 27TH AVENUE TO S.W. 73RD AVENUE 35
(24) 10TH STREET, N.E. BETWEEN NORTH MIAMI AVENUE AND
BISCAYNE BOULEVARD 35
(25) 11TH STREET, N.W., N.W. 7TH AVENUE TO N.W. 8TH STREET ROAD.... 32.5
(26) 11TH STREET, N.W., N.W. 8TH STREET ROAD TO N.W. 12TH AVENUE.. 35
(27) 11TH TERRACE, N.E. AND N.W., N.W. 1ST AVENUE, EAST OF THE
F.E.C. RY., TO N.E. MIAMI COURT 20
(28) 11TH TERRACE, N.W., N.W. 6TH AVENUE TO N.W. 7TH AVENUE 20
(28-A) 13TH STREET, S.E. FROM BRICKELL AVENUE TO SOUTH BAYSHORE DRIVE
(ORD. 7279) As dedicated by original plat
(29) 13TH STREET, S.W., SOUTH MIAMI AVENUE TO S.W. 15TH ROAD 35
(29-A) 13TH STREET, N.W., EAST OF 27TH AVENUE (ORD. 7600) 12.5
(29-B) 13TH TERRACE, N.E. BISCAYNE BOULEVARD TO NORTH BAYSHORE
DRIVE (ORD. 7965) N 10
(30) 14TH STREET, N.E., N.E. 2ND AVENUE TO BISCAYNE BOULEVARD 35
87 REV. 2-1-73
(31) 14TH STREET, N.W., N.W. 22ND AVENUE TO N.W. 45TH AVENUE 35
(32) 14TH STREET, N.E. AND N.W., N.E. 2ND AVENUE TO N.W. 6TH AVENUE 35
(ORD. 7785)
(32-A) 14TH STREET, N.W., N.W. 6TH TO 7TH AVENUE 37.5
(ORD. 7785)
(32-B) 14TH STREET, N.W., N.W. 7TH AVENUE TO N.W. 10TH AVENUE 37.5
(ORD. 7785)
(33) 14TH STREET, S.E., EAST OF BRICKELL AVENUE 35.
(34) 14TH TERRACE, S.E., EAST OF BRICKELL AVENUE TO INTERSECTION
OF S.E. 14TH LANE 30.
(35) 14TH TERRACE, N.E., N.E. 2ND AVENUE TO NORTH BAYSHORE DRIVE 17.5
(36) 14TH LANE, S.E., EAST OF BRICKELL AVENUE 30
(37) 15TH STREET, N.E., NORTH MIAMI AVENUE TO N.E. 2ND AVENUE 30
(38) 16TH STREET, S.W., S.W. 34TH AVENUE TO S.W. 37TH AVENUE 35
(39) 16TH STREET, N.E., MIAMI AVENUE TO N.E. 2ND AVENUE 30
(39-A) 16TH STREET, N.E., BISCAYNE BOULEVARD TO BAYSHORE DRIVE
(ORD. 7436) 12.5
(40) 16TH TERRACE, N.W., FROM N.W. 22ND TO N.W. 24TH AVENUES.
(SEE: "NORTH RIVER DRIVE, N.W.") 35
(41) 17TH STREET, N.E., NORTH MIAMI AVENUE TO N.E. 2ND AVENUE 35
(41-A) 17TH STREET, N.W., N.W. 8TH AVENUE TO N.W. 10TH AVENUE
(OR'D. 7176) 27.5
(42) 20TH STREET, N.W., NORTH MIAMI AVENUE TO N.W. 2ND AVENUE 35
(43) 20TH STREET, N.W., N.W. 2ND AVENUE TO WEST CITY LIMITS 35
(44) 22ND STREET, S.W., S.W. 13TH AVENUE TO WEST CITY LIMITS 50
(44-A) 22ND TERRACE, N.E., BISCAYNE BAY TO N.E. 4TH AVENUE (ORD. 7208) 15
(44-B) 23RD STREET, N.W., N.W. 17TH AVENUE TO N.W. ]8TH AVENUE
AT THE INTERSECTION OF CENTERLINE 17TH AVENUE (ORD. 6941)
(ORD. 7201) 33.37
AT THE INTERSECTION WEST OF 18TH AVENUE (ORD. 6941) (ORD. 7201) 31.43
(44-C) 23RD TERRACE, N.E., BETWEEN N.E. 4TH AVENUE AND BISCAYNE BAY
(ORD. 7201) 10
88 REV. 1-1-70
(44-D) 23RD TERRACE, N.W., N.W. 17TH AVENUE TO N.W. 18TH AVENUE
(ORD. 6941) (ORD. 7201) 15
(45) 28TH STREET, N.W., NORTH MIAMI AVENUE TO WEST CITY LIMITS
(ORD. 7201) 35
(46) 29TH TERRACE, N.E., N.E. 4TH AVENUE TO N.E. 7TH AVENUE 17.5
(47) 30TH TERRACE, N.E., N.E. 4TH AVENUE TO BISCAYNE BAY 17.5
(47-A) 32ND STREET, N.E., BETWEEN BISCAYNE BOULEVARD AND N.E.
2ND AVENUE (ORD. 7742) 18.0
(48) REPEALED (ORD. 8160)
(49) 36TH STREET, N.E., FEDERAL HIGHWAY TO BISCAYNE BAY 35
(50) 36TH STREET, NORTH, FEDERAL HIGHWAY TO WEST CITY LIMITS 35
(50-A) 37TH STREET, N.E. (FORMERLY WISCONSIN STREET), N.E. 2ND AVENUE
TO FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY (ORD. 8005) 14
(50-B) 37TH STREET, N.E. (FORMERLY WISCONSIN STREET), FEDERAL HIGHWAY
TO A POINT APPROXIMATELY 95' EAST OF BISCAYNE BOULEVARD
(ORD. 8006) 13
(50-C) 37TH STREET, N.E. (FORMERLY WISCONSIN STREET), ACCESS ROAD
APPROXIMATELY 255' EAST OF BISCAYNE BOULEVARD TO EAST END
OF STREET AT THE NORTHERLY EXTENSION OF N.E. 6TH AVENUE
(ORD. 8007) 16.5
(51) 46TH STREET, N.E. AND N.W., N.E. 2ND AVENUE TO N.W. 10TH AVENUE
(ORD. 7201) 35
(52) 46TH STREET, N.W., N.W. 12TH AVENUE TO WEST CITY LIMITS 35
(53) 54TH STREET, N.E. AND N.W., BISCAYNE BOULEVARD TO WEST. CITY
LIMITS 35
(54) 55TH TERRACE, N.W., N.W. 7TH AVENUE TO N.W. 9TH AVENUE 20
(54-A) 56TH STREET, N.E., N.E. 2ND AVENUE TO NORTH MIAMI AVENUE
(ORD. 7050) 15
(54-B) 56TH STREET, N.W., NORTH MIAMI AVENUE TO N.W. MIAMI COURT
(ORD. 7104) 20
(55) 59TH STREET, N.W., N.W. 11TH AVENUE TO N.W. 12TH AVENUE 20
(55-A) 60TH STREET, N.W., FROM THE EAST BOUNDARY OF "COLLEGE PARK,"
APPROXIMATELY 335.3 FEET WEST OF THE CENTERLINE OF N.W. 2ND
AVENUE TO N.W. 5TH AVENUE (ORD. 7208) 12.5
(56) 62ND STREET, N.E. AND N.W. N.E. 2ND AVENUE TO WEST CITY LIMITS 35
(57) 64TH TERRACE, N.E., BISCAYNE BOULEVARD TO N.E. 7TH AVENUE .... 16.5
(57-A) 64TH TERRACE, N.E. AND N.W. FROM N.E. 2ND AVENUE TO THE WEST -
BOUNDARY OF "AMENDED PLAT OF LIBERTY PARK," APPROXIMATELY
150' WEST OF THE CENTERLINE OF N.W. MIAMI COURT (ORD. 7171) 15
89 REV. 2-1-74
•
(58) 65TH STREET, N.W., N.W. 3RD COURT TO N.W. 4TH AVENUE AND
N.W. 2ND COURT TO N.W. 3RD AVENUE 15
(58-A) 66TH STREET, N.E., N.E. 1ST PLACE TO N.E. MIAMI PLACE (ORD. 7171) 15
(58-B) 66TH STREET, N.W., FROM N.W. MIAMI COURT TO THE WEST BOUND-
ARY OF "AMENDED PLAT OF LIBERTY PARK", APPROXIMATELY 150' WEST
OF THE CENTERLINE OF N.W. MIAMI COURT (ORD. 7171) 15
(59) 66TH STREET, N.W., BETWEEN N.W. 2ND COURT AND N.W. 3RD AVE-
NUE, AND BETWEEN N.W. 3RD COURT AND N.W. 4TH AVENUE 15
(60) 70TH STREET, N.E., FROM A POINT 245.00 FEET EAST OF CENTERLINE
OF BISCAYNE BOULEVARD TO DRUID WALK 14
(61) 71ST STREET, NORTH, BISCAYNE BOULEVARD TO WEST CITY LIMITS35
(61-A) 73RD STREET, N.E., NORTH MIAMI AVENUE TO N.E. MIAMI COURT
(OR'D. 8046) 15
(61-B) 73RD TERRACE, N.W., N.W. 2ND AVENUE WEST APPROXIMATELY 340
FEET TO EAST BOUNDARY OF TRACT B-1, "REVISED PLAT OF LE
BOCAGE" (ORD. 8129) 15
(62) 77TH STREET, N.E., N.E. 2ND AVENUE TO N.E. 3RD PLACE (ORD. 7573) 20
(62-A) 78TH STREET, N.W., N.W. 1ST AVENUE TO N.W. 2ND AVENUE
(ORD. 7771) 15
(62-6) N.W. 78TH STREET EXTENDING APPROXIMATELY 260' WEST OF MIAMI
AVENUE (ORD. 7935) 15
(63) 79TH STREET, N.W., N.W. 7TH AVENUE TO WEST CITY LIMITS 50
(64) 79TH STREET, N.E. AND N.W. BISCAYNE BAY TO N.W. 7TH AVENUE40
(64-A) 79TH TERRACE, N.E. BETWEEN N.E. 3RD COURT AND
N.E. 4TH AVENUE (ORD. 7837) 10
(65) 82ND STREET, N.E., FROM NORTH MIAMI AVENUE TO
BISCAYNE BOULEVARD 30
(65-A) 82ND TERRACE N.E., BETWEEN N.E. 9TH AVENUE AND
N. E. 10TH AVENUE (ORD. 6990) 15
(66) 83RD LANE, N.E., BISCAYNE BOULEVARD TO THE EASTERN TERMINUS
OF SAID 'DEAD-END STREET 20
(66-A) 85TH STREET, N.E., EAST DIXIE HIGHWAY TO 114± FEET EAST OF EAST
LINE OF LOT 14, OF SECOND AMENDED PLAT OF BISCAYNE HEIGHTS
(4-62) (ORD. 7671) 22.5
(67) 87TH STREET, N.E., SOUTH SIDE. FROM BISCAYNE BOULEVARD
WESTWARD TO THE CITY LIMITS 35
AVENUES In DISTANCE IN
COURTS Numerical FEET FROM CENTER
PLACES Order LINE TO BASE
BUILDING LINE
(68) 1ST AVENUE, N.E. AND S.E., N.E. 2ND STREET SOUTH TO "ROYAL PALM
SPUR" RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD 35
(69) 1ST AVENUE, N.E., N.E. 2ND STREET TO N.E. 14TH STREET 35
(70) 1ST AVENUE, N.E., N.E. 14TH STREET TO N.E. 17TH STREET 35
(70-A) 1ST AVENUE, N.E., FROM N.E. 49TH STREET TO N.E. 50TH STREET
(ORD. 7208) 10
91 REV. 2-1-73
(71)
(71-A)
(72)
(73)
(73-A)
(73-B)
(73-C )
(74)
(74-A)
(75)
(75-A)
(75-B)
(76)
(77)
(78)
(78-A)
(79)
(80)
(81)
1ST AVENUE, N.E., N.E. 64TH STREET TO N.E. 67TH STREET . . . 17.5
IST AVENUE, N.E., N.W. 57TH STREET TO N.W. 62ND STREET
(ORD. 6941) . 15
IST AVENUE, N.W., N.W. 62ND STREET TO N.W. 64TH STREET . . 15
IST AVENUE, N.W., N.W. 75TH STREET TO N.W. 79TH STREET . . 15
IST COURT, N.E. FROM THE SOUTH BOUNDARY OF WEST BROAD -
MOOR (3-60) APPROXIMATELY 270 FEET SOUTH OF THE CENTER
LINE OF N.E. 30TH STREET TO N.E. 30TH STREET (ORD. 7318) . 15
FROM N.E. 30TH STREET TO N.E. 3IST STREET (ORD. 7318) . . . . 12.5
IST COURT, N.E., N.E. 38TH STREET TO N.E. 39TH STREET
(ORD. 7208) 12.5
IST COURT, N.E., FROM THE SOUTH BOUNDARY OF "CORRECTED
PLAT OF ALTA VISTA" APPROXIMATELY 133' SOUTH OF CENTER-
LINE OF N.E. 50TH TERRACE TO N.E. 51ST STREET (ORD. 8957) . 10
IST COURT, N.E., N.E. 64TH STREET TO N.E. 67TH STREET . . . 15
IST COURT, N.E., FROM N.E. 75TH STREET TO NORTH BOUNDARY
OF "ROSELAWN PARK (9- 121)" APPROXIMATELY 144 FEET NORTH
OF CENTER LINE OF N.E. 77TH STREET (ORD. 7187) 15
15
1ST COURT, N.W., N.W. 54TH STREET TO N.W. 56TH STREET . . .
IST COURT, N.W. FROM N.W. 75TH STREET TO N.W. 77TH STREET
(ORD. 7228)
1ST PLACE, N.E. N.E. 64TH STREET TO N.E. 67TH STREET
(ORD. 7228)
1ST PLACE, N.W., N.W. IITH TERRACE TO N.W. I4TH STREET .
IST PLACE, N.W., N.W. I4TH STREET TO N.W. 20TH STREET . .
IST PLACE, N.W., N.W. 54TH STREET TO N.W. 56TH STREET . .
IST PLACE NO. 2, N.E., FROM N.E. 64TH TERRACE TO THE NORTH
BOUNDARY OF "FIRST ADDITION TO EMERALD COURT" APPROXI-
MATELY 71 FEET NORTH OF THE ZONED CENTERLINE OF N.E. 65TH
STREET (ORD. 7171)
2ND AVENUE, N.E., N.E. 75TH STREET TO NORTH CITY LIMITS
2ND AVENUE, S.E., F.E.C. RAILROAD SPUR TO MIAMI RIVER ..
2ND AVENUE, S.E. AND N.E., S.E. 2ND STREET TO N.E. 75TH
STREET
15
IS
32.5
32.5
15
15
35
37.5
35
92 REV. 1-1-80
(90)
(90-A)
(91)
(91-A)
(92)
(93)
(94)
(95)
(96)
(97)
(97-A)
(98)
(99)
(100)
(82) 2ND AVENUE, S.W., MIAMI RIVER TO WEST FLAGLER 32.5
(83) 2ND AVENUE, S.W., S.W. I5TH ROAD TO MIAMI RIVER 35
(84) 2ND AVENUE, N.W., WEST FLAGLER STREET TO N.W. I ITH TERRACE 32.5
(85) 2ND AVENUE, N.W., N.W. 20TH STREET TO N.W. 29TH STREET . . 32.5
(86) 2ND AVENUE, N.W., N.W. 29TH STREET TO N.W. 36TH STREET . . 30
(87) 2ND AVENUE, N.W., N.W. 36TH STREET TO N.W. 79TH STREET . . 35
(88) 3RD AVENUE, N.E., EAST FLAGLER STREET TO N.E. 2ND STREET . 30
(89) 3RD AVENUE, N.W., N.W. 62ND STREET TO N.W. 65TH STREET AND
N.W. 66TH STREET TO N.W. 67TH STREET 17.5
3RD AVENUE, S.W., S.W. 8TH STREET TO S.W. I5TH STREET ROAD
(ORD . 7175) 30
3RD COURT, N.E., BETWEEN 54TH AND 55TH STREETS (ORD. 7760) 15
3RD COURT, N.W., N.W. 62ND STREET TO N.W. 65TH STREET AND
N.W. 66TH STREET TO N.W. 67TH STREET I7.5
7TH AVENUE, N.E., FROM N.E. 22ND STREET TO N.E. 22ND
TERRACE (ORD. 7208)
7TH AVENUE, N.E., N.E. 29TH TERRACE TO N.E. 30TH STREET .
7TH AVENUE, N.W., N.W. 5TH STREET TO N.W. 36TH STREET .
N.W. 36TH STREET TO N.W. 79TH STREET
N.W. 79TH STREET TO NORTH CITY LIMITS
8TH AVENUE, S.W., S.W. 8TH STREET TO S.W. IITH STREET .
8TH AVENUE, S.W. AND N.W., S.W. 8TH STREET TO N.W. 4TH
STREET
I0
17.5
35
40
50
30
35
8TH AVENUE, N.W., N.W. I2TH STREET TO SOUTH LINE OF N.W.
I8TH STREET WEST 20
8TH COURT, N.W., N.W., I4TH STREET TO N.W. I8TH STREET
(ORD. 7176) 20
9TH AVENUE, N.W., N.W. I5TH STREET TO N.W. I8TH STREET 35
I0TH AVENUE, N.W., N.W. I9TH STREET TO N.W. 20TH STREET . 35
I0TH AVENUE, N.E. FROM THE STREAM CALLED "LITTLE RIVER"
TO NORTH CITY LIMITS 35
I2TH AVENUE, S.W., S.W. I3TH STREET TO S.W. 1ST STREET . . 40.5
93 REV. I-I-79
(101) 12TH AVENUE, S.W. AND N.W., S.W. 1ST STREET TO N.W. 7TH STREET 37.5
(102) 12TH AVENUE, N.W., N.W. 7TH STREET TO MIAMI RIVER 35
(103) 12TH AVENUE, N.W., N.W. 11TH STREET TO N.W. 20TH STREET 50
(104) 12TH AVENUE, N.W., N.W. 20TH STREET TO NORTH CITY LIMITS 35
(105) 12TH PLACE, N.W., N.W. 36TH STREET TO N.W. 39TH STREET AND
N.W. 40TH STREET TO N.W. 46TH STREET 15
(106) 13TH PLACE, N.W., N.W. 36TH STREET TO N.W. 46TH STREET 15
(107) 14TH AVENUE, N.W., FROM A POINT APPROXIMATELY 205 FEET NORTH
OF THE CENTERLINE OF N.W. NORTH RIVER DRIVE TO N.W. 20TH STREET 35
(108) 14TH COURT, N.W., N.W. 41ST STREET TO N.W. 46TH STREET 15
(109) 16TH AVENUE, N.W., N.W. 40TH STREET TO N.W. 41ST STREET 8.5
(110) 16TH AVENUE, N.W., N.W. 41ST STREET TO N.W. 46TH STREET 15
(.111) 17TH AVENUE, N.W., N.W. NORTH RIVER DRIVE TO NORTH CITY LIMITS 35
(112) 17TH AVENUE, S.W., SOUTH BAYSHORE DRIVE TO
S.W. 1ST STREET (ORD. 7842) 35
(112-A) 17TH PLACE N.W., N.W. 7TH STREET, NORTH TO SOUTH RIGHT-OF-WAY
LINE OF THE EAST -WEST EXPRESSWAY (ORD. 7677) 13
(112-B) 18TH AVENUE N.W., N.W. 7TH STREET NORTH TO N.W. 9TH STREET
(ORD. 7677) 13
(112-C) 18TH COURT N.W., N.W. 7TH STREET TO N.W. SOUTH RIVER DRIVE
(ORD. 7677) 9
(113) 20TH COURT, S.W., S.W. 16TH STREET NORTH TO WESTMOOR SUB-
DIVISION (16-13), SOUTH LINE OF BLOCK 3 20
(113-A) 20TH AVENUE, N.W., N.W. 11TH STREET TO SOUTH BANK OF THE
SOUTH FORK OF MIAMI RIVER (ORD. 6941) 17.5
(114) 22ND AVENUE, N.W., FROM WEST FLAGLER STREET TO
N.W. 14TH STREET (ORD. 7717) 40
(114-A) 22ND AVENUE, N.W., FROM N.W. 18TH STREET TO THE NORTH CITY
LIMITS (N.W. 38TH STREET) (ORD 7717) 40
(115) 22ND AVENUE, S.W., FROM FLAGLER STREET TO SOUTH DIXIE HIGH-
WAY (FEDERAL HIGHWAY) (ORD. 7175) 40
(116) 22ND AVENUE, S.W., FROM SOUTH DIXIE HIGHWAY (FEDERAL HIGH-
WAY) TO KIRK STREET (ORD 7175) 35
(116-A) 22N'D COURT, N.W., N.W. 7TH STREET TO N.W. 11TH STREET (ORD. 7208) 17.5
94 REV. 1-1-71
(116-B) 22ND PLACE, N.W., N.W. 7TH STREET TO N.W. 11TH STREET
(ORD.. 7208) 17.5
(116-C) 23RD AVENUE, N.W., N.W. 3RD TERRACE TO NORTHERLY BOUNDARY
OF N.W. 4TH STREET (ORD. 8064) 15
(117) 26TH AVENUE, N.W., N.W. 3RD STREET TO N.W. 7TH STREET 17.5
(118) 27TH AVENUE, N.W. & S.W., (GRAPELAND BOULEVARD), SOUTH BAY -
SHORE DRIVE TO NORTH CITY LIMITS 50
(118-A) 27TH COURT, S.W., FROM THE SOUTH BOUNDARY OF "SOUTH BAY
ESTATES" APPROXIMATELY 335 FEET SOUTH OF THE CENTERLINE OF
S.W. 27TH STREET TO THE NORTH BOUNDARY OF "SOUTH BAY
ESTATES" APPROXIMATELY 338 FEET NORTH OF THE CENTERLINE OF
S.W. 27TH STREET (ORD. 7091)
(118-B) 28TH AVENUE, S.W., FROM THE SOUTH BOUNDARY OF "SOUTH BAY
ESTATES," APPROXIMATELY 333 FEET SOUTH OF THE CENTERLINE OF
S.W. 27TH STREET TO THE NORTH BOUNDARY OF "SOUTH BAY
ESTATES," APPROXIMATELY 339 FEET NORTH OF THE CENTERLINE OF
S.W. 27TH STREET (ORD. 7091)
15
15
(118-C) 28TH COURT, S.W., FROM THE SOUTH BOUNDARY OF "SOUTH BAY
ESTATES," APPROXIMATELY 332 FEET SOUTH OF THE CENTERLINE OF
S.W. 27TH STREET TO THE NORTH BOUNDARY OF "SOUTH BAY
ESTATES," APPROXIMATELY 340 FEET NORTH OF THE CENTERLINE OF
S.W. 27TH STREET (ORD., 7091) 15
(118-D) 29TH AVENUE, S.W., S.W. 27TH STREET NORTH APPROXIMATELY 341
FEET TO NORTH BOUNDARY OF "SOUTH BAY ESTATES" (ORD. 7091) 15
(118-E) 29TH COURT, S.W., S.W. 27TH STREET NORTH APPROXIMATELY 342
FEET TO NORTH BOUNDARY OF "SOUTH BAY ESTATES" (ORD. 7091) 15
(118-F) 29TH PLACE, S.W., S.W. 27TH.STREET NORTH APPROXIMATELY 342
FEET TO NORTH BOUNDARY OF "SOUTH BAY ESTATES" (ORD. 7091) 15
(118-G) REPEALED. (ORD. 7488)
(119) 32ND AVENUE, S.W., S.W. 8TH STREET TO S.W. 16TH STREET 30
(120) 32ND AVENUE, S.W., (McDONALD STREET), GRAND AVENUE TO S.W.
16TH STREET 35
(120-A) 33RD AVENUE, S.W. 28TH STREET TO S.W. 29TH TERRACE (ORD. 7611) 15
(121) 34TH AVENUE, S.W., S.W. 12TH STREET TO S.W. 16TH STREET 20
(121-A) 36TH COURT, S.W., FROM S.W. 17TH STREET SOUTH FOR APPROXIMATELY
140 FEET (ORD. 8543) 20
(122) 37TH AVENUE, S.W. AND N.W., (DOUGLAS ROAD), SOUTH CITY LIMITS
TO N.W. 7TH STREET
35
95 REV. 1-26-77
l
(I22-A) 40TH AVENUE, S.W., S.W. 7TH STREET NORHERLY, TO DEAD-END
NORTH OF S.W. 6TH STREET (ORD. 7677) 12.5
(123) 40TH AVENUE, S.W., S.W. 7TH STREET TO S.W. 8TH STREET . . 20
(124) 42ND AVENUE, S.W., (LE JEUNE ROAD), FLAGLER STREET TO
S.W. 8TH STREET (ORD. 7176) 44.5
(125) 42ND AVENUE, S.W., (LE JEUNE ROAD), APPROXIMATELY 475 FEET
NORTH OF THE NORTH BOUNDARY OF BLOCK 10, (SOURTH PROPERTY
LINE OF LOQUAT AVENUE) SUNSHINE VISTA SUB -DIVISION (16-19),
TO THE SOUTH CITY LIMITS 35
(126) 42ND AVENUE, N.W., (LE JEUNE ROAD), FLAGLER STREET TO
NORTH CITY LIMITS 50
(127) 48TH AVENUE, N.W., FLAGLER STREET TO N.W. 3RD STREET . . 12.5
(128) 57TH AVENUE, S.W., S.W. 8TH STREET TO FLAGLER STREET
(ORD. 7726) 40
(I28-A) 57TH AVENUE, N.W., FLAGLER STREET TO N.W. 7TH STREET
ORD. 7726) 50
(129) 62ND AVENUE, N.W. & S.W., SOUTH CITY LIMITS TO NORTH
CITY LIMITS 35
(130) 67TH AVENUE, N.W. & S.W., SOUTH CITY LIMITS TO NORTH
CITY LIMITS 35
STREETS
AVENUES
ROADS, ETC.
In
Alphabetical
Order
DISTANCE IN
FEET FROM CENTER
LINE TO BASE
BUILDING LINE
(131) AH-WE-WA STREET, TIGERTAIL AVENUE TO SOUTH BAYSHORE
DRIVE
(I3I-A) BAY HOMES DRIVE, NORTH AND SOUTH FROM DOUGLAS TO END
(ORD. 8564)
(132)
(I 32-A )
(133)
(134)
(I34-A)
(I34-B)
(135)
(135-A)
BIRD AVENUE, S.W., 27TH AVENUE TO WEST CITY LIMITS
BISCAYNE BOULEVARD FROM THE SOUTH LINE OF N.E. 6TH STREET
TO THE NORTH LINE OF N.E. I2TH STREET (ORD. 7470)
BISCAYNE BOULEVARD FROM CENTER LINE N.E. 55th TERRACE
TO POINT 130.6 FEET SOUTH OF CENTER LINE N.E. 6IST STREET
BISCAYNE BOULEVARD FROM A POINT 130.6 FEET SOUTH OF
CENTER LINE OF N.E. 6IST STREET TO NORTH CITY LIMITS . . .
BONITA AVENUE, LE JEUNE TO BRAGANZA STREET (ORD. 8564) .
BRAGANZA STREET FROM HARDIE TO KIAORA (ORD. 8564)
BROOKER STREET, (EAST SIDE), SOUTH DIXIE HIGHWAY TO
OAK AVENUE
OAK AVENUE TO GRAND AVENUE
BROOKER STREET IN POMONA SUB. (ORD. 7502)
12.5
15
35
75
45
45
20
20
12.5
15
12.5
(136) BRICKELL AVENUE, S.E., S.E. 8TH STREET TO THE NORTH LINE
OF S.E. 5TH STREET, AS SHOWN ON THE PLAT OF BRICKELL
POINT (8-93) (ORD. 7938) 60
(I36-A) CHUCANANTAt-i ROAD, FROM TIGERTAIL TO END (ORD. 8564). 15
(136-3) COACOOCHEE STREET 'I-14OM SOUTH BAYSHORE DRIVE TO
ESPANOLA DRIVE (ORD. 9041) 15
96 REV. I-1-80
(137) CORAL WAY (S.W. 22ND STREET), S.W. I3TH AVENUE TO WEST
CITY LIMITS 50
(137-A) COURT PLACE, (EAST OF BRICKELL AVENUE), S.E. 8TH STREET
TO NORTH END (ORD. 7041) 15
(I37-B) DEVON ROAD, EASTERLY OF MAIN HIGHWAY (ORD. 9041) 20
(137-C) EMATHLA STREET FROM TIGERTAIL TO SOUTH BAYSHORE
DRIVE (ORD. 9041) . . . 15
(138) FEDERAL HIGHWAY, N.E. 36TH STREET TO THE WESTERLY
EXTENSION OF THE SOUTHERLY LIMITED ACCESS RIGHT-OF-
WAY LINE OF THE 36TH STREET EXPRESSWAY S.R. NO.25 37.5
(I38-A) FEDERAL HIGHWAY, FROM THE WESTERLY EXTENSION OF THE
SOUTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE 36TH
STREET EXPRESSWAY S.R. NO. 25. TO N.E. 39TH STREET
ORD. 8556) 35
(139) FLAGLER STREET, NORTH MIAMI AVENUE TO WEST 1ST AVENUE . 37.5
(140) FLAGER STREET, WEST, MIAMI RIVER TO WEST I2TH AVENUE . . . 45
(141) FLAGLER STREET, WEST, WEST I2TH AVENUE TO WEST I7TH AVENUE 35
(142) FLAGLER STREET, WEST, WEST I7TH AVENUE TO WEST 22ND AVENUE 35
(143) FLAGLER STREET, WEST, WEST 22ND AVENUE TO WEST 24TH •AVENUE 37.5
(144) .FLAGLER STREET, WEST, WEST 24TH AVENUE TO WEST CITY LIMITS 35
(145) FLAGLER TERRACE, S.W., S.W. I2TH AVENUE TO S.W. I3TH AVENUE. 23
(146) FLAGLER TERRACE, S.W., S.W. I3TH AVENUE TO S.W. I7TH AVENUE 20
(147) FULLER STREET, MAIN HIGHWAY TO GRAND AVENUE 22.5
(148) GRAND AVENUE, MATILDA STREET TO WEST CITY LIMITS 35
(149) GRAND AVENUE, MARY STREET TO MATILDA STREET 39
(I49-A) GROVE STREET FROM HARDIE TO PARK AVENUE (ORD. 8564) . • 20
(150) HARDIE AVENUE, INGRAHAM HIGHWAY TO WEST CITY LIMITS . • 35
(151) INGRAHAM HIGHWAY, DOUGLAS STREET TO SOUTH CITY LIMITS 35
(15I-A) IRVINGTON AVENUE FROM DOUGLAS ROAD TO END (ORD. 8564) . 15
(I5I-B) JUSTISON COURT, MATHESON AVENUE TO SUNSHINE ROAD
(ORD. 8564) 10
(152) KIRK STREET, SOUTH BAYSHORE DRIVE TO BAY 33
(153) LEAFY WAY 15
(153-A) LENNOX DRIVE, INGRAHAM HIGHWAY TO HARDIE ROAD 10*•
97 REV. 1-1-80
*EXCEPTION — WHERE PLATTED RIGHT-OF-WAY LINES ARE GREATER
DISTANCE THAN TEN (10) FEET FROM THE CENTERLINE, OF ABOVE
STREET, SAID RIGHT-OF-WAY LINES SHALL BE THE BASE BUILDING
LINES. WHERE DRIVE DIVIDES INTO TWO PARTS SURROUNDING LOTS
33 AND 34 EACH PORTION IS TO REMAIN 20' WIDE AS PLATTED.
(ORD. 7405)
(154) MAIN HIGHWAY, GRAND AVENUE TO COMMOORE PLAZA 37.5
(155) MAIN HIGHWAY, THE SOUTHEASTERLY PRODUCTION OF THE NORTH-
EASTERLY LINE OF COMMODORE PLAZA TO THE NORTHWESTERLY
PRODUCTION OF THE NORTHEASTERLY LINE OF TRACT 10 OF CAMP
BISCAYNE 37.5
(156) MAIN HIGHWAY (ADJACENT TO CAMP BISCAYNE) 37.5
(157) MAIN HIGHWAY, CAMP BISCAYNE TO DOUGLAS STREET 35
(157-A) MARLER AVENUE, HIBISCUS STREET TO DOUGLAS ROAD, S.W. 37TH
AVENUE (ORD. 7106) 12.5
(157-B) MATHESON AVENUE, DOUGLAS ROAD TO INGRAHAM HIGHWAY 10*
*EXCEPTION — WHERE PLATTED RIGHT-OF-WAY LINES ARE GREATER
DISTANCE THAN TEN (10) FEET FROM THE CENTERLINE, SAID RIGHT-
OF-WAY LINES SHALL BE THE BASE BUILDING LINES (ORD.. 7170)
(158) McFARLANE ROAD, MAIN HIGHWAY AT GRAND AVENUE TO BISCAYNE
BAY (ORD. 7086) 46.25
(159) MIAMI AVENUE, NORTH 5TH STREET TO A POINT 175 FEET SOUTH OF
THE CENTERLINE OF S.W. 12TH STREET 30
(160) MIAMI AVENUE, NORTH, NORTH 5TH STREET TO NORTH 14TH STREET 35
(161) MIAMI AVENUE, NORTH, NORTH 14TH STREET TO NORTH 36TH STREET
(ORD. 8018) 35
(162) MIAMI AVENUE, NORTH, NORTH 54TH STREET TO NORTH CITY LIMITS 35
(163) MIAMI COURT, N.E., N.E. 36TH STREET TO N.E. 39TH STREET 20
(163-A) MIAMI COURT, N.E., N.E. 64TH STREET TO N.E. 65TH STREET (ORD. 7171) 15
(163-B) MIAMI COURT, N.E., FROM THE NORTH BOUNDARY OF "GRACE PARK
AMENDED", APPROXIMATELY 100 FEET NORTH TO THE CENTERLINE
OF N.E. 67TH STREET (ORD. 7171) 15
(163-C) MIAMI COURT, N.E., N.E. 75TH STREET TO N.E. 79TH STREET (ORD. 7109
(ORD. 7171) 15
98 REV. 2-1-73
(163-D) MIAMI COURT, N.W., N.W. 54TH STREET TO N.W. 56TH STREET
(ORD. 7105) (ORD. 7171) 20
(164) MIAMI PLACE, N.W., N.W. 54TH STREET NORTH TO TURN -AROUND
AT END OF STREET 15
(165) MIAMI PLACE, N.W., N.W. 77TH STREET TO N.W. 79TH STREET 15
(166) MIAMI PLACE, N.E., N.E.. 36TH STREET TO NORTH END 20
(166-B) MIAMI PLACE, N.E., FROM THE SOUTH BOUNDARY OF "CORRECTED
PLAT OF ALTA VISTA," APPROXIMATELY 123 FEET SOUTH OF THE
CENTERLINE OF N.E. 50TH TERRACE TO N.E. 52ND STREET (ORD. 7208) 10
(166-c) MIAMI PLACE NO. 2, N.E., N.E. 64TH STREET TO N.E. 67TH STREET
(ORD. 7208) 15
(166-C-1) MICANOPY AVENUE, COACOOCHEE STREET WEST TO ITS TERMINUS
(ORD. 8145) 20
(166-D) "•NAOMI STREET (ORD. 7533) 15.5
(167) NORTH RIVER DRIVE, N.W., WEST FLAGLER STREET TO N.W. 5TH STREET 30*
*EXCEPTION - AT THE SOUTHWESTERLY INTERSECTION OF N.W. NORTH RIVER
DRIVE AND N.W. 4TH STREET, THE NEW STREET LINES THROUGH LOT "B" AS
SHOWN ON RAND'S SUBDIVISION OF BLOCK 71N AND BLOCK 72N, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 99 OF THE.
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SHALL BE JOINED BY A
TANGENTIAL CURVE HAVING A RADIUS OF 100 FEET.
(168) NORTH RIVER DRIVE, N.W., N.W. 16TH TERRACE, N.W. 22ND AVENUE
TO N.W. 24TH AVENUE 35•
(168-A) NORTH VENETIAN DRIVE, BISCAYNE ISLAND 20
(168-B) PARK AVENUE, FROM LE JEUNE ROAD TO DOUGLAS (ORD. 8564) 20
(168-c) PARK DRIVE FROM LENNOX DRIVE TO INGRAHAM HIGHWAY (ORD. 8564) 10
(169) POINCIANA AVENUE, MAIN HIGHWAY TO LE JEUNE (ORD. 8564) 25
(169-A) POMONA LANE 1N POMONA SUB. (ORD. 7502) 10
(170) ROYAL ROAD, MAIN HIGHWAY TO BISCAYNE BAY 20
(170-A) RUTH STREET (ORD. 7533) 20
(170-B) SHIPPING AVENUE, HIBISCUS TO PLAZA STREETS (ORD. 8549) 15
(171) SOUTH BAYSHORE DRIVE, S.E. 12TH STREET TO S.E. 14TH STREET 30
99 REV. 1-26-77
(172) SOUTH BAYSHORE DRIVE, S.E. I4TH STREET TO S.E. I5TH
STREET ROAD 30
(173) SOUTH BAYSHORE DRIVE, HALISSEE STREET TO AVIATION AVENUE 35
(174) SOUTH BAYSHORE DRIVE, AVIATION AVENUE TO McFARLANE ROAD 50
(174-A) SOUTH BAYSHORE LANE, EAST FAIRVIEW STREET TO NORTH-
EASTERLY BOUNDARY OF "FAIRVIEW" AS MEASURED ALONG THE
NORTHEASTERLY BOUNDARY OF EAST FAIRVIEW STREET 24.993
AS MEASURED ALONG THE NORTHEASTERLY BOUNDARY OF
"FAIRVIEW" 10.575
(I74-B) SOUTH BAYSHORE LANE, FAIR ISLE STREET SOUTHWESTERLY TO
ITS TERMINUS APPROXIMATELY ONE HUNDRED TWENTY FIVE (125)
FEET SOUTHWESTERLY OF VISTA COURT (ORD. 9042) 20
(175) SOUTH DIXIE HIGHWAY, FEDERAL HIGHWAY AT S.W. 31ST ROAD TO
BIRD AVENUE 42.5
(176) SOUTH DIXIE HIGHWAY, BIRD AVENUE TO WEST CITY LIMITS . . . 45
(177) SOUTH RIVER DRIVE, S.W., WEST FLAGLER STREET TO CENTERLINE
OF S.W. 2ND STREET 35
(177-A) SOUTH VENETIAN COURT, FROM VENETIAN WAY SOUTHERLY TO
SOUTHERLY TERMINUS OF SAID DEAD-END STREET 12.5*
*EXCEPTION -WHERE PLATTED RIGHT-OF-WAY LINES AREA GREATER
DISTANCE THAN TWELVE AND ONE-HALF (12.5) FEET FROM THE CEN-
TERLINE, SAID RIGHT-OF-WAY LINES SHALL BE THE BASE BUILDING
LINES. (ORD. 7174)
(I77-B) SOUTH VENETIAN DRIVE, FROM SOUTH VENETIAN COURT TO
VENETIAN WAY. . . . . . . . . 20*
........ ...
*EXCEPTION -WHERE PLATTED RIGHT-OF-WAY LINES ARE A GREATER
DISTANCE THAN TWENTY (20) FEET FROM THE CENTERLINE, SAID
RIGHT-OF-WAY LINES SHALL BE THE BASE BUILDING LINES. (ORD. 7174)
(I 77-C) SUNSHINE ROAD, MATHESON AVENUE TO INGRAHAM HIGHWAY . 10*
*EXCEPTION -WHERE PLATTED RIGHT-OF-WAY LINES ARE A GREATER
DISTANCE THAN TEN (10) FEET FROM THE CENTERLINE, SAID RIGHT-
OF-WAY LINES SHALL BE THE BASE BUILDING LINES. (ORD. 7170)
(178) TAMIAMI CANAL ROAD, N.W. 60TH COURT TO N.W. 62ND AVENUE 35
(I78-A) THOMAS AVENUE BETWEEN DOUGLAS ROAD AND BROOKER STREET
(ORD. 7533) 20
(179) VIRGINIA STREET, OAK AVENUE TO GRAND AVENUE 27.5
(180) WASHINGTON AVENUE, 37TH AVENUE S.W. TO BROOKER STREET . 20
(181) WASHINGTON AVENUE-BROOKER STREET TO JEFFERSON STREET . 20
100 REV. I-1-80
ARTICLE XXVI— SPECIAL YARD DISTRICTS
Section 1.— YARDS REQUIRED:
In each of the special 'Districts hereinafter listed, identified and described in Section 2,
the yards required therein shall be provided and maintained of a size, depth and/or
width not Tess than is specified for each such .special district. The yards required by
this Article shall be deemed the minimum, and if yards of greater size, depth or
width are required by other provisions of the Zoning Ordinance, then the greater
requirement shall prevail.
Section 2.— DISTRICTS AND REQUIREMENTS:
(1) DISTRICT 1. Includes all areas of the City of Miami not included in any Special
YARD DISTRICT described in this Section.
(2) DISTRICT 2. N.E. 83rd to 84th Streets, N.E. 10th Avenue to Biscayne Bay.
(a) ADHEMAR PARK SUBDIVISION AMENDED (7-57) Lots 1 thru
12 and 24 thru 33, Front Yards shall be not less than 25 feet
in depth.
(3) DISTRICT 3. Biscayne Boulevard to Biscayne Bay — N.E. 72nd Street (both
sides) to Little River Stream.
(a) BELLE MEADE 1ST ADDITION (21-66); BELLE MEADE OF MIAMI
SEC. 1 (39-12); NEW BELLE MEADE (40-45) excepting lots hav-
ing frontage on Biscayne Boulevard. Front Yards shall be not
less than 30 feet in depth except in BELLE MEADE 1ST ADDI-
TION where Front Yards shall be not Tess than 25 feet in depth.
(b) AQUA MARINE (19-60). Front Yards shall be not Tess than 25
feet in depth.
(c) BELLE MEADE ISLAND (40-89). Front Yards shall be not less
than 25 feet in depth. Bayfront Yards or Rear Yards shall be
not less than 40 feet measured from the officially established
bulkhead line.
(4) DISTRICT 4. N.E. and N.W. 69th Street (both sides); N.E. 2nd Avenue to N.W.
2nd Avenue.
(a) FAIRWAY SUBDIVISION (7-28). Front yards shall be not less
than 30 feet in depth.
(5) DISTRICT 5. N.W. 58th Street to 60th Street; N.W. 2nd Avenue to N.W. 5th
Avenue.
(a) COLLEGE PARK (9-61) and COLLEGE PARK ADDITION (9-127);
Front Yards, for all lots zoned under any "R" Classification,
shall be not less than 25 feet in depth.
(6) DISTRICT 6. N.E. 63rd Street (both sides), Biscayne Boulevard to Biscayne Bay.
(a) FALLESON PARK (4-19) excepting Lots 1, 2, 3 and 4 zoned
"Commercial." Front Yards shall be not less than 30 feet in
depth.
(7) DISTRICT 7. Approximate boundaries and extent of area: Florida East Coast
Railway Right -of -Way to Biscayne Bay, N.W. 61st Street south-
ward to N.E. 55th Terrace. Specifically:
(a) BAYSHORE (5-116), Blocks 1, 3, 5 and 7 inclusive; BAYSHORE
AMENDED (15-2), Block 2 inclusive; BAYSHORE REVISED (9-60),
Blocks 4 and 6 inclusive. Front yards for all lots in said Sub-
division zoned under any "R" Classification shall be not less
than 30 feet in depth.
(b) BAYSHORE UNIT NO. 2 (9-98), Blocks 10, 11, 12, 16, 17, 18 and
19 inclusive; BAYSHORE REVISED (9-60), Blocks "C" and "E"
inclusive; Front Yards for all lots in said Subdivision zoned
under any "R" Classification, shall be not less than 25 feet
in depth.
(c) BAYSHORE (5-116,) Blocks 1, 3, 5 and 7 inclusive; BAYSHORE
AMENDED (15-2), Block 2 inclusive; BAYSHORE REVISED (9-60),
Blocks 4, 6, "C" and "E" inclusive; BAYSHORE UNIT NO. 2
(9-98), Blocks 11, 12, 16, 17 and 18 inclusive; Block 10, Lots 1
and 11, Block 19, Lots 1 and 13; Side Yards on street side of
corner lots shall be not less than 20 feet in depth.
101 REV. 1-1-67
(d) BAYSHORE'UNIT NO. 2 (9-98), Block 10, Lots 5 and 7; Block
19, Lots 6 and 8; Side Yards on street side of corner lots shall
be not less than 20 feet in depth.
(e) BAYSHORE (5-116), 'Block 8, Lots 1-55 inclusive; BAYSHORE
BLOCKS "A," "B," AND PART OF 8 REVISED (38-9); Block 8,
Lots 56-66 inclusive; BAYSHORE UNIT No. 2 (9-98), Block 9 in-
clusive; BAYSHORE UNIT No. 3 (12-50), Block 20 inclusive; Bay -
front Yards (or rear yards) measured from the officially estab-
lished bulkhead line shall be not less than 50 feet, and Front
Yards measured from Bayshore 'Drive shall be not less than
75 feet in depth.
(8) DISTRICT 8. N.E. 45th Street to 52nd Street; N.E. 2nd Avenue to N.W. 2nd
Avenue.
(a) ALTA VISTA CORRECTED (6-4); BELLAIRE (6-24). SHADOW -
LAWN (6-47), SHADOWLAWN EXTENSION (5-150); Front
Yards for all lots zoned under any "R" Classification in said
Subdivisions shall be not less than 25 feet in depth.
DISTRICT 9. N.W. 17th to 19th Avenues; N.W. 46th to 50th Streets.
(a) SEVENTEENTH AVENUE MANOR (18-43); Front Yards for all
lots zoned under any "R" Classification in said Subdivisions
shall be not less than 25 feet in depth.
(10) DISTRICT 10. N.W. 18th to 23rd Avenues; 32nd to 36th Streets;
(a) HOLLEMAN MANOR (10-30); HOLLEMANN MANOR ADD.
(13-50); Front Yards for all lots zoned under any "R" Classifica-
tion in said subdivisions shall be not less than 30 feet in depth.
(11) DISTRICT 11. Repeal (ORD. 7382)
(12) DISTRICT 12. N.W. 28th to 32nd Streets; loth to 12th Avenues;
(a) SANTA CLARA (6-110). Front Yards for all lots zoned under
any "R" Classification shall be not less than 25 feet in depth.
(13) DISTRICT 13. SAN MARCO ISLAND (9-31);
(a) Side Yards shall be not less than 10 feet in depth.
(b) Bayfront Yards for all lots in Blocks 1, 2, 3 and 4 shall be not
less than 30 feet in depth measured from the seawall or buk-
head.
(14) DISTRICT 14. N.E. 2nd Avenue to Bay; 17th Terrace, 18th and 19th Streets, N.E.
2nd Court and N.E. 4th Avenue, both sides of said streets.
(a) MIRAMAR 3RD AMENDED SUBDIVISION (5-4); Front Yards for
lots in said subdivision, except lots fronting North Bayshore
Drive, zoned under any "R" Classification shall be not less
than 25 feet in depth.
(b) Bayfront Front Yards (or rear yards) of lots fronting on North
Bayshore Drive shall be not less than 75 feet in depth.
(15) 'DISTRICT 15. N.W. 17th to 19th Avenues, N.W. North River Drive to N.W.
17th Street;
(a) KENWOOD SUBDIVISION (6-134); KENWOOD 1ST ADDITION
(9-183); Front Yards for all lots zoned under an "R" Classifica-
tion in said subdivision shall be not less than 30 feet in depth.
(16) DISTRICT 16. N.W. 20th Street to Miami River; N.W. 22nd Avenue to Gerry
Curtis Park;
(a) WASHBURN SUBDIVISION (4-112); WASHBURN 2ND ADDI-
TION (6-1); Front Yards for all lots zoned under any "R" Classifi-
cation in said subdivisions shall be not less than 25 feet in depth.
(17) DISTRICT 17. N.W. 20th Street to Miami River; 25th to 27th Avenues.
(a) RIVER PARK SUBDIVISION (7-128); Front Yards for all lots
zoned under any "R" Classification shall be not less than 25
feet in depth.
(18) DISTRICT 18. N.W. 14th Street to 16th Street Road, 24th to 26th Avenues.
(a) MUSA ISLE SUBDIVISION (8-4); Front Yards for all lots shall
be not less than 25 feet in depth.
(9)
102 REV. 1-1-67
(19) DISTRICT
19. N.W. 31st Avenue, west side, 7th to l lth Streets and N.W. llth to
14th Streets, 30th to 32nd Avenues.
(a) WALDIN ACRES SUBDIVISION (5-68); Front Yards for all lots
zoned under any "R" Classification shall be not less than 25
feet in depth.
(20) 'DISTRICT 20. N.W. 3rd Street approximately to N.W. llth Street, N.W. 27th
Avenue to Kensington Elementary School Tract north of N.W. 7th
Street and to N.W. 31st Avenue south of N.W. 7th Street.
(a) GRAPELAND CENTER SUBDIVISION (14-16); KEW GARDENS
SUBDIVISION (8-9); GROSSE POINTE HIGHLANDS (34-82);
GROSSE POINTE HIGHLANDS 2ND ADD. (44-26); GROSSE
POINTE HIGHLANDS ADDN. (40-56); Front Yards for all lots
in above subdivisions zoned under any "R" Classification shall
, be not less than 25 feet in depth.
(21) DISTRICT 21. S.W. 60th Avenue, both sides of S.W. 5th, 6th and 7th Streets.
(a) GRANADA GROVES No. 3 (14-53); Front Yards for all lots shall
be not less than 30 feet in depth.
(22) DISTRICT 22. S.W. 60th Avenue, west side, and S.W. 60th Court, both sides.
(a) GRAY PARK SUBDIVISION (10-76); Front Yards for all lots
zoned under any "R" Classification shall be not less than •25
feet in depth.
(23) DISTRICT 23. West Flagler to S.W. 8th Street, S.W. 62nd to 67th Avenues.
(a) FAIR LAWN SUBDIVISION (8-83); Front Yards for all lots shall
be not less than 25 feet in depth.
(24) DISTRICT 24. S.W. 2nd Terrace, both sides, 39th to 42nd Avenues.
(a) WINDSOR TERRACE SUBDIVISION (42-27); Front Yards for all
lots shall be not less than 25 feet in depth.
(25) DISTRICT 25. West Flagler to S.W. 5th Streets, 32nd to 37th Avenues.
(a) AUBURNDALE AMENDED SUBDIVISION (10-77); KIRKLAND
HEIGHTS AMENDED (3-124); Front Yards for all lots in said
subdivisions zoned under any "R" Classification shall be not less
than 25 feet in depth.
(26) DISTRICT 26. N.W. 24th Avenue, 4th to 7th Streets, N.W. 22nd to 27th •Avenues,
West Flagler to N.W. 3rd Street.
(a) INDIAN HEIGHTS SUBDIVISION (12-71); INDIAN HEIGHTS 2ND
SECTION (19-52); GLENROYAL SUBDIVISION (5-17) (5-56);
Front Yards for all lots in foregoing described subdivisions
zoned under any "R" Classification shall be not less than 25
feet in depth.
(27) DISTRICT 27. West Flagler to S.W. 6th Streets, S.W. 22nd to 24th Avenues.
(a) KENILWORTH REVISION (5-115); FAIRMOUNT PARK SUB-
DIVISION (10-15); Front Yards for all lots in said subdivisions
zoned under any "R" Classification shall be not less than 25
feet in depth.
(28) DISTRICT 28. REPEALED. (ORD. 7501)
(29) 'DISTRICT .29. Approximate outside boundaries — S.W. 8th Street to S.W. 17th
Terrace. S.W. 5th to 17th Avenues and between 27th and 31st
Roads; 5th Avenue to, the Florida East Coast Railway Right -of -Way.
(a) BRICKELL HAMMOCK UNIT NO. 1 1ST ADDITION AND EXTEN-
SION (5-113) (8-89) (7-87); BRICKELL ESTATES SUBDIVISION
(17-50) (17-51) (17-52); FIRST WESTMORELAND ADDITION
(3-83); SECOND WESTMORELAN'D ADDITION (3-62); WEST-
MORELAND 3RD ADDITION (3-62); SEVILLE SUBDIVISION
(12-68); Front Yards for all lots zoned under any "R" Classifica-
tion in said subdivisions shall be not less than 25 feet in depth.
(30) DISTRICT 30. Approximate outside boundaries, S.W. 15th Road, S.W. 32nd Road,
S.W. 5th Avenue to South Miami Avenue.
(a) HOLLEMAN PARK (8123); for all lots zoned under any "R"
Classification in said subdivision; Front Yards shallbe not less
than 30 feet in depth.
103 REV. 1-1-67
•
(b) South Miami Avenue, both sides, including lots in the south-
easterly side and in subdivisions other than HOLLEMAN PARK
and BRICKELL HAMMOCK SUBDIVISION from S.E. and S.W.
15th Road to S.E. and S.W. 32nd Road, Front Yards, all yards
measured from South Miami Avenue shall be not Tess than 30
feet in depth.
(31) DISTRICT 31. S.W. loth to 16thAvenues; 12th (both sides) to 14th Streets.
(a) WATERBURY (13-49); Front Yards for all lots shall be not less
than 30 feet in depth.
(32) DISTRICT 32. Brickell Avenue from S.E. 8th Street to S.E. 32nd Road, both sides.
(a) Brickell Avenue to be considered as the front street and to be
used as the frontage for front yards for all lots regardless of
size or shape. Such Front Yards shall be not less than 30
feet in depth.
(33) DISTRICT 33. Approximate outside boundaries — S.W. 19th Street to S.W. 22nd
Street (Coral Way), S.W. 14th to 2l st Avenues.
(a) WOODCREST SUBDIVISION AMENDED (16-56); OSCEOLA
HIGHLAND SUBDIVISION (19-1); PLEASANT GROVE SUBDIVI-
SION (12-27); SHENAN'DOAH MANOR SEC. A SUB (39-47);
SHENANDOAH MANOR SEC. B SUB (39-81); Front Yards for
all lots in said subdivisions zoned under any "R" Classification
shall be not less than 25 feet in depth.
(34) DISTRICT 34. S.W. 19th to 2 1st Avenues; S.W. loth Street, south side, and
12th and 13th Streets (both sides).
(a) SWANNANOA SUBDIVISION (9-40); Front Yards shall be not
less than 25 feet in depth.
(35) DISTRICT 35. S.W. 8th Street to 13th Street, 22nd to 24th Avenues.
(a) BRYAN PARK SUBDIVISION (5-69); Front and also street Side
Yards for all lots zoned under any "R" Classification shall be
not less than 25 feet in depth.
(36) DISTRICT 36. Approximate boundaries—S.W. 22nd Avenue to S.W. 32nd Avenue,
S.W. 12th to 19th Streets.
(a) GRAPELAND REVISED SUBDIVISION (3-196); VEDA'DO SUB-
DIVISION (10-19); CLEVELAND TERRACE SUBDIVISION (15-19);
McALLISTER TERRACE AMENDED SUBDIVISION (14-49); Front
Yards for all lots in said subdivisions zoned under any "R"
Classification shall be not less than 25 feet in depth.
(37) DISTRICT 37. S.W. 13th to l6th Streets; S.W. 34th to 37th Avenues.
(a) ENGLEWOOD SUBDIVISION (7-38); Front Yards for all lots
zoned under any "R" Classification shall be not less than 25
feet in depth.
(38) DISTRICT 38. Alatka Street to S.W. 19th Avenue, Wa-Kee-Na Drive and Opechee
Drive and South Dixie Highway to Micanopy Avenue.
(a) NATOMA PARK SUBDIVISION (9-116); NATOMA MANORS
SUB (24-13); NATOMA MANORS RESUB (39-25); Front Yards
for all lots in said subdivisions zoned with any "R" Classifica-
tion shall be not less than 25 feet in depth.
(39) DISTRICT 39. Tigertail Avenue to Biscayne Bay, Fairisle Street southwesterly to
the northeasterly line of Block 1 of the CRYSTAL VIEW SUBDIVISION.
(a) CRYSTAL BLUFF SUBDIVISION (6-141); CRYSTAL BLUFF ADDI-
TION (9-43); Front Yards for all lots in said subdivisions shall
be not less than 25 feet in depth.
(40) DISTRICT 40. S.W. 22nd Street (Coral Way) to S.W. 26th Terrace, S.W. 22nd
to 27th Avenues.
(a) SILVER BLUFF ESTATES SECTION A and B (10-59); (10-68);
Front Yards shall be not less than 25 feet in depth.
(41) DISTRICT 41. Tigertail Avenue to Secoffee Avenue and Espanola Drive, Natoma
Avenue (S.W. 19th Avenue) to S.W. 22nd Avenue.
(a) BISCAYNE PARK TERRACE SUB (2-36); ESPANOLA HEIGHTS
(11-38).
1. Seminole Street, both sides, Front Yards shall be not less than
50 feet in depth.
104 REV. 1-1-67
•
2. Tigertail Avenue, north side, Front Yards shall be not less than 30
feet in depth.
3. Block 2, ESPANOLA HEIGHTS, Front Yards shall be not less than 60
feet in depth. Blocks 1 and 3, Front Yards shall be not less than the
average depth of Front Yards of existing buildings within 200 feet in
the same block.
(42) DISTRICT 42. Approximate outside boundaries - S.W. 22nd Street (Coral Way) to the Florida
East Coast Railway Right -of -Way, S.W. 16th to I9th Avenues.
(a) WOODSIDE SUBDIVISION (5-28); KENSINGTON PARK SUBDIVISION (16-
2); Front Yards for all lots in said subdivisions zoned under any "R"
Classification shall be not less than 25 feet in depth.
(43) DISTRICT 43. Northwesterly side of south Bayshore Drive from Alatka to a point
approximately 150 feet Northeast of Northeasterly right-of-way line of
Aviation Avenue. (ORD. 9023).
(a) All yards abutting the Northwesterly side of South Bayshore Drive in this
area shall not be less than 70 feet in depth. (ORD. 9023).
(44) DISTRICT 44. Approximate outside boundaries - Douglas Road to LeJeune Road.
(a) Loquat Avenue to north line of Ye Little Wood and Cleveland Park Sub-
divisions. SUNSHINE VISTAS SUBDIVISION (16-29); SOLANA PARK
SUBDIVISION (13-41); SOLANA PARK ADDITION (15-79); UTOPIA SUB-
DIVISION (8-94); EAST UTOPIA SUBDIVISION (16-7); KENTFIELD 2ND
AMD. SUBDIVISION (33-52); Front Yards for all lots in said subdivisions
zoned under any "R" Classification shall be not less than 25feet in depth.
(45) DISTRICT 45. Solana Road and Lybyer Avenues (Coconut Grove).
(a) KENTWOOD SUB (41-22); Front Yards shall be not less than 30 feet' in
depth.
(46) DISTRICT 46. Main Highway to Biscayne Bay, N. and S. Moorings Way, both sides.
(a) The MOORINGS SUBDIVISION (31-52); Front Yards shall be not less than
25 feet in depth.
(47) DISTRICT 47. St. Gaudens Road, both sides, Main Highway to Bay.
(a) JUSTISON & FRANTZ SUBDIVISION (6-20); EWANTON HEIGHTS RESUB-
DIVISION of a part of Lot M (2-33); Front Yards shall be not less than 55
feet in depth.
105 REV. I-1-80
ARTICLE XXVII— ALCOHOLIC BEVERAGE ESTABLISHMENTS
Section 1.— ESTABLISHMENTS DEALING IN LIQUOR
(1) That for the purposes of this section the area of land lying within the boundaries
of the City of Miami shall be divided into two Districts, as follows:
(a) "CENTRAL COMMERCIAL DISTRICT."
(b) All that area of land lying within the boundaries of the City of Miami and
not situated and described above as being the "Central Commercial District,"
for the purpose of this Section, shall be known as the "COMBINATION
RESIDENTIAL AND COMMERCIAL DISTRICT."
(2) No Certificate of Occupancy shall be issued to any applicant for consumption
or sale of liquor as defined under the laws of Florida, either on the premises or
off the premises, in the "Central Commercial District" above described, if the
place of business of said applicant is situated less than five hundred (500) feet
from an established licensee;' said five hundred (500) feet distance to be
measured and computed from the front door of the established licensee to the
front door of the proposed licensee, along the route of ordinary pedestrian
traffic; and provided further, that no license, or licenses, shall be issued to any
applicant for a vendor's license for consumption or sale of liquor on the premises
or off the premises in that district designated as the "Combination Residen-
tial and commercial district," if the place of business of said applicant is
situated less than two thousand five hundred (2,500) feet from an established
licensee; said two thousand five hundred (2,500) feet distance to be measured
and computed from the front door of the established licensee to the front door
of the proposed licensee, along the route of ordinary pedestrian traffic.
No license for the sale of liquor for consumption on the premises shall be per-
mitted nearer than five hundred (500) feet to any "R" (Residential) District, unless
such institution be so arranged and the building so constructed and the business
is so conducted as to prevent the emission of sounds, vibrations and odors.
(4) No license for the sale of liquor to be consumed either upon the premises or
off the premises, shall be issued, in the "central commercial district," to any
person, firm or corporation, where the place of business is within three hundred
(300) feet of a Church or Public School; provided the method of measurement
that shall be applied to determine whether or not a place of business applying
for a license to sell liquor for consumption either on or off the premises, shall
be by measurement made or taken from the main front entrance of the said
place of business to the nearest point on a parcel of land occupied by a Church
or parcel of land set aside for, and used, or proposed to be used, for Public
School purposes, and the said measurement shall be made along the route of
ordinary pedestrian traffic.
(5) No license for the sale of liquor to be consumed either upon the premises or
off the premises, shall be issued, in the "Combination Residential and Commercial
District," to any person, firm or corporation, within three hundred (300) feet
of a Church or nearer than one thousand (1,000) feet to any Public School;
provided the method of measurement that shall be applied to determine whether
or not a place of business applying for a license to sell liquor for consumption
either on or off the premises, shall be by measurement made or taken from the
main front entrance of the said place of business to the nearest point on a
parcel of land occupied by a Church or a parcel of land set aside for, and
used, or proposed to be used, for Public School purposes, and the said measure-
ment shall be made along the route of ordinary pedestrian traffic.
(6) EXCEPTIONS:
(a) The restrictions hereinabove set forth shall not be applicable to apartment -
hotels, hotels, and motels, with fifty (50) or more quest rooms or to office
buildings containing at least sixty thousand (60,000) square feet devoted
to and maintained for office room space, and said hotels, motels, and office
buildings may contain places of business for the sale of liquor to be con-
sumed on the premises where such sales are conducted in an orderly man-
ner, and where such sale of liquor in said hotels, apartment -hotels, motels, or
office buildings is strictly incidental to the principal hotel, motel or
offce building .use and where there are no signs of any type exhibited or
displayed to the outside, indicating that liquor is obtainable therein, and
(3)
106 REV. 1-1-67
Section 2.—
•
(7)
where the room for the sale of liquor as conducted, does not open upon
any public street or sidewalk. Not more than One Certificate of Occupancy
for consumption on the premises shall be issued for any one hotel, apartment -
hotel, motel or office building.
(b) The restrictions as to distance as hereinabove set forth, shall not be applicable
to bona fide restaurants and dining rooms where the sale of liquor is entirely
incidental to the principal use of selling food, and where no sign or display
is made to the outside indicating that alcoholic beverages are obtainable
therein and where such restaurant has a space of at least four thousand
(4,000) square feet, having accommodations for service of two hundred
(200) or more patrons at tables and containing all necessary equipment and
supplies for serving full course meals regularly, there shall not be included
in the four thousand (4,000) square feet of space any patio that does not
have a permanent roof, one complete side of which is connected directly
with the main roof of such restaurant. Kitchen pantry, storage room, toilets,
etc., used exclusively in the operation of the restaurant may be included
in the four thousand (4,000) square feet of space.
(c) Private Clubs, chartered in Dade County for a period of not less than two
(2) years.
(d) The restrictions as to distance . between establishments as hereinabove set
forth in Section 1, (2), shall not be' applicable to existing licenses, when
said licensees are moved to a distance not greater than three hundred (300)
feet of their existing location; said three hundred (300) feet distance to be.
measured and computed from the front door of the established location of
the licensee to the front door of the proposed location, along the route of
ordinary pedestrian traffic; and provided further, that the proposed location
shall conform to the restrictions of Section 1, (3), (4) and (5) of this Article,
unless the license as established, prior to being moved, is non -conforming
to the provisions of Section 1, (4) and/or (5) of this Article, in such case,
the proposed location shall be located at a greater distance from a church
or school than the previously established location, but shall not necessarily
be located in accordance with the restrictions as specified in Section 1,
(4) and/or (5) of this Article. Notification shall be given to the office of
the City Manager, in writing, forty-five (45) days prior to the change in loca-
tion and the issuance of a Certificate of Occupancy.
Nothing in this section shall be interpreted to repeal, amend, or modify any
restrictions or regulations on liquor contained in Chapter 4 of the Code of the
City of Miami, Florida, 1957, and amendments thereto, unless in direct conflict
with the provisions of this Ordinance; then in that event the provisions of this
Ordinance shall prevail as set out in ARTICLE XXXIII.
ESTABLISHMENTS DEALING IN BEER AND WINE
(1) That for the purposes of this section the area of land lying within the boundaries
of the City of Miami shall be divided into two districts, as follows:
(a) "CENTRAL COMMERCIAL DISTRICT."
(b) All that area of land Tying within the boundaries of the City of Miami and
not situated and described above as being in the "Central Commercial Dis-
trict," for the purpose of this Section, shall be known as the "COMBINATION
RESIDENTIAL AND COMMERCIAL DISTRICT."
(2) No Certificate of Occupancy or license shall be issued to any applicant for a
beer, wine, or beer and wine license for consumption on the premises in the
"Central Commercial District," as described above, if the place of business of
said applicant is situated Tess than five hundred (500) feet from an established
beer, wine, or beer and wine licensee; said five hundred (500) feet distance
to be measured and computed from the front door of said established licensee
to the front door of the proposed place of business of the applicant -licensee,
along the route of ordinary pedestrian traffic; and provided further, that no
Certificate of Occupancy or license shall be issued to any applicant for beer,
wine, or beer and wine license for consumption of said beer, wine, or beer
and wine on the premises in the zone designated as the "Combination Residential
and Commercial District" if the proposed place of business of the applicant -
licensee is situated less than twenty-five hundred (2,500) feet from an established
1 07 REV. 1-1-67
•
(7)
•
beer, wine, or beer and wine licensee, and the said distance shall be measured
and computed as stated above in this Section.
(3) No license for the sale of beer, wine, or beer and wine for consumption on the
premises shall be permitted nearer than five hundred (500) feet to any "R"
District, unless such institution be so arranged and the building constructed as to
prevent the emission of sounds, vibrations and odors.
(4) No license for the sale of beer, wine, or beer and wine for consumption on the
premises shall be issued in the "Central Commercial District" to any person, firm
or corporation, where the place of business is within three hundred (300) feet of a
Church or Public School; provided said distance shall be measured and computed
as stated in Section 1 (4), of this Article.
(5) No license for the sale of beer, wine, or beer and wine, to be consumed on the
premises shall be issued, in the "Combination Residential and Commercial District,".
to any person, firm or corporation, within three hundred (300) feet of a Church or
nearer than one thousand (1,000) feet to any Public School; provided said distance
shall be measured and computed as stated in Section 1, (5), of this Article.
(6) EXCEPTIONS:
(a) The restrictions hereinabove set forth shall not be applicable to any liquor
licensee. And, further, said restrictions shall not be applicable to any beer,
wine, or beer and wine licensee who sells or intends to sell said beverages
for consumption off the premises only. Further, said restrictions shall not be
applicable to any bona fide licensed restaurant or dining room where the
sale of beer, wine, or beer and wine is entirely incidental to and in conjunction
with the principal use of selling food, and where no sign or display is made to
the outside, indicating that beer, wine, or beer and wine are obtainable therein.
(b) The restrictions hereinabove set forth shall not be applicable to apartment -
hotels, hotels and motels, with fifty (50) or more guest rooms or to office build-
ings containing at least sixty thousand (60,000) square feet devoted to and
maintained for office room space, and said hotels, motels, and office build-
ings may contain places of business for the sale of beer and wine to be
consumed on the premises where such sales are conducted in an orderly
manner, and where such sale of beer and wine in said hotels, apartment -hotels,
motels, or office buildings is strictly incidental to the principal hotel, motel or
office building use and where there are no signs of any type exhibited or
displayed to the outside indicating that beer and wine is obtainable therein,
and where the room for the sale of beer and wine as conducted, does not open
upon any public street or sidwalk. Not more than one Certificate of Occu-
pancy for consumption on the premises shall be issued for any one hotel,
apartment -hotel, motel or office building.
(c) Private Clubs, chartered in Dade County for a period of not less than two
(2) years.
(d) The restrictions as to distance between establishments as hereinabove set forth
in Section 1, (2), shall not be applicable to existing licenses, when said licensees
are moved to a distance not greater than three hundred (300) feet of their
existing location; said three hundred (300) feet distance to be measured and
computed from the front door of the established location of the licensee to the
front door of the proposed location along the route of ordinary pedestrian
traffic; and provided further, that the proposed location shall conform to the
restrictions of Section 1, (3), (4) and (5) of this Article, unless the license as
established, prior to being moved, is non -conforming to the provisions of Sec-
tion 1, (4) and/or (5) of this Article, in such case, the proposed location shall
be located at a greater distance from a church or school than the previously
established location, but shall not necessarily be located in accordance with
the restrictions as specified in Section 1, (4) and/or (5) of this Article.
Notification shall be given to the office of the City Manager, in writing, forty-
five (45) days prior to the change in location and the issuance of a Certificate
of Occupancy.
Nothing in this section shall be interpreted to repeal, amend, or modify any
restrictions or regulations on liquor contained in Chapter 4 of the Code of the
City of Miami, Florida, 1957, and amendments thereto, unless in direct conflict with
the provisions of this Ordinance; then in that event the provisions of this Ordinance
shall prevail as set out in ARTICLE XXXIII.
1 08 REV. 1-1-67
ARTICLE XXVIII— NON -CONFORMING BUILDINGS AND USES
Section 1.—
NON-CONFORMING BUILDINGS OR STRUCTURES
A Non -Conforming Building or Structure may be used and maintained, as provided in
this Section.
(1)
STRUCTURAL ALTERATIONS — ADDITIONS (ORD. 7121)
(a) In a Non -Conforming Building or Structure, or portion thereof, which is non-
conforming as to USE regulations, no structural alterations and/or additions
shall be made, except as hereinafter provided:
1. The Director of the Department of Building may order STRUCTURAL
ALTERATIONS, consistent with other laws and ordinances, to a noncon-
forming building or structure, or portion thereof, which is non -conforming
as to USE regulations when such alterations are for the purpose of assur-
ing the safety and protection of the occupants of a building or structure
or of the adjoining properties.
2. ADDITIONS may be made to a non -conforming building or structure,
or portion thereof, which is non -conforming as to USE regulations, when
said additions are permitted as a CONDITIONAL USE in the district in
which the building or structure is located. Such ADDITIONS shall be
subject to the following limitations in addition to other conditions that
may be imposed by the Zoning Board consistent with the provisions of
ARTICLE XXXII: (ORD. 8225)
a. Any addition to such non -conforming building or structure shall not
exceed twenty-five percent (25%) of the floor area which such non-
conforming use occupied or utilized at the time when the building or
structure became non -conforming.
b. Any addition to such a non -conforming building or structure shall be
upon the site occupied by said non -conforming building or structure at
the time when the building or structure became nonconforming as to
USE.
c. Any addition to such a non -conforming building or structure shall con-
form to all regulations other than USE regulations of the District in
which it is located, and no addition shall be permitted in such instance
where a building or structure is non -conforming as to floor area ratio
and/or lot coverage.
d. Any addition to a non -conforming residential building or structure,
that is used for non -conforming RESIDENTIAL USE shall not result in
an increase in the number of dwelling units existing in the building
or structure at the time when the building or structure became non-
conforming.
(b) A building or structure that is non -conforming as to FLOOR AREA RATIO
AND/OR LOT COVERAGE shall not be added to.
(c) A building or structure that is non -conforming as to LOT AREA may be
added to and/or structurally altered, provided that any additions shall con-
form to all other regulations of the District in which the building or structure
is located.
(e) A building or structure that is non -conforming as to YARD regulations, may
be added to and/or structurally altered, provided that any addition shall
conform to all other regulations of the District in which the building or
structure is located.
(f) A building or structure non -conforming as to MINIMUM FLOOR AREA regula-
tions may be added to and/or structurally altered, provided that any
additions shall conform to all other regulations of the District in which the
building or structure is located; provided, further, that no structural alteration
may be permitted if it would result in increasing the degree of non -con-
formity of any building or structure, or portion thereof, in respect to minimum
floor area.
(g) A building or structure which is non -conforming as to FLOOR AREA RATIO,
LOT COVERAGE, LOT AREA, HEIGHT, YARD AND/OR MINIMUM FLOOR
AREA, but which is conforming as to USE regulations, may be structurally
altered as provided for in (b) through (f) above, provided that the total value
of such structural alterations to any one (1) building or structureshall not
exceed, during a ten (10) year period, twenty percent (20%) of the assessed
109. REV. 2-1-74
Section 2.—
•
valuation of such building or structure at the time when the building or
structure became non -conforming.
(2) EXTENSION OF USE:
The non -conforming use of a non -conforming building may be extended throughout
any part of the building clearly designed for such Use, but not so used at the
effective date of this Ordinance.
(3) RESTORATION DAMAGED BUILDINGS:
(a) A non -conforming building or structure which is damaged or partially destroyed
by fire, flood, wind, earthquake, or other calamity or act of God or the public
enemy, to the extent of not more than fifty percent (50%) of its value at that
time, may be restored and the occupancy or use of such building, structure,
or part thereof, which existed at the time of such partial destruction, may be
continued or resumed, provided restoration shall be started within a period
of six (6) months.
(b) Nothwithstanding more restrictive provisions of Section 1 (1) (a) thru (f) of this
Article, a non -conforming building or structure which is not non -conforming as
to USE regulations may be structurally altered, but not added to, provided the
structural alterations to any one (1) building or structure so restored shall not
exceed in value twenty percent (20%) of the assessed valuation of such
building or structure. (ORD. 6994).
(4) NON -CONFORMING HOUSE CAR, CAMP CAR, OR TRAILER (HOUSE TRAILER)
for which a temporary permit has been previously issued for occupancy by the
Building Department of the City of Miami, and approved by the Health Depart-
ment, may continue to remain it its present location for the duration of said permit,
but shall be removed immediately upon expiration of said permit.
(5) CONTINUATION AND CHANGE OF USE: •
(a) The non -conforming use of a non -conforming building or structure may be
continued, except in all "R" (Residential) Districts, any non -conforming building
or structure which was designed and arranged, and which is used for a use
permitted any in a Commercial or Industrial District, shall be removed or it
shall be altered and converted to a conforming building or structure designed
for and used for a use permitted in the District in which it is located, within
six (6) months after the termination of the respective periods of time set out
hereinafter, such periods shall be computed from the effective date of this
Ordinance. The following are hereby established as the reasonable periods
for amortization of the normal, useful lifeof each class of building and type
of construction above the foundations, said types of construction being as
defined and specified in the South Florida Building Code.
1. Type 1 Fire Resistive Construction 30 years
2. Type II Heavy Timber Construction 25 years
3. Type III Ordinary Masonry Construction 20 years
4. Type IV Metal Frame Construction 12 years
5. Type V Wood Frame Construction 7 years
(b) The non -conforming use of a non -conforming building or structure may be
replaced by a different use permissible in the same zoning district as the
original non -conforming use or a use in a more restricted zoning district
provided, the change of use occurs within six (6) months. Any such non-
conforming building or structure which is vacant for a continuous period
of more than six (6) months shall not thereafter be occupied except by a
use which conforms to the use regulations of the zone in which such non-
conforming building is located.
CONFORMING BUILDINGS OR STRUCTURES
The non -conforming use of a conforming building or structure is provided for in this
Section.
(1) CONTINUATION AND CHANGE OF USE
(a) The non -conforming use of a conforming building or structure may be con-
tinued, except that in the "R" Zones any non -conforming commercial or
industrial use of a residential building or residential accessory building
shall be discontinued within five (5) years of the effective date of this
Ordinance.
(b) The non -conforming use of a conforming building or structure may be
replaced by a different use permissible in the same zoning district as the
10 REV. 1-1-67
original non -conforming use or a use in more restricted zoning district provided
the change of use occurs within six (6) months.
(2) STRUCTURAL ALTERATIONS — ADDITIONS (ORD. 7121)
(a) In a conforming building or structure which is non -conforming as to USE
regulations, no structural alterations and/or additions shall be made except
as hereinafter provided:
1. STRUCTURAL ALTERATIONS may be made provided that such alterations
do not result in any extension of the floor area occupied by a non-
conforming use.
2. ADDITIONS may be made when said additions are permitted as a CON-
DITIONAL USE in the district in which the building or structure is located.
Such ADDITIONS shall be subject to the following limitations in addition to
other conditions that may be imposed by the Commission consistent with
the provisions of ARTICLE XXXII:
a. Any addition to such a conforming building or structure shall not exceed
twenty-five percent (25%) of the floor area which such non -conforming
use occupied or utilized at the time when the USE became non-
conforming.
b. Any addition to such a conforming building or structure shall be upon
the site occupied by said non -conforming USE at the time when the
USE became non -conforming.
c. Any addition to such a conforming building or structure shall conform
to all regulations other than the use regulations of the District in which
it is located.
d. Any addition to a conforming residential building or structure that is
used for a non -conforming RESIDENTIAL USE shall not result in an
increase in the number of dwelling units existing in the building or
structure at the time when the USE became non -conforming.
(3) EXTENSION OF USE (ORD. 7121)
(a) No non -conforming use which occupies a portion of a conforming building or
structure may be extended to any other part of the building or structure or
extended to occupy any additional building or structure on the same site
unless the extension of such USE is permitted as a CONDITIONAL USE
consistent with the provision of Section 2, (2), (a), 2.a.,b.,c., and d. of this
ARTICLE as hereinabove provided.
Section 3.— NON -CONFORMING USE OF LAND
(1) CONTINUATION — LIMITATION
(a) The non -conforming use of land shall be discontinued within five (5) years
from the date the use became non -conforming, in each of the following cases:
1. Where no buildings are employed in connection with such use;
2. Where the only buildings employed are accessory or incidental to such use;
3. Where such use is maintained in connection with a conforming building.
(b) A non -conforming use of land which is accessory or incidental to the non-
conforming use of a non -conforming building, shall be discontinued on the
same date the non -conforming use of the building is discontinued.
(c) Except as provided in paragraphs (a) and (b) above, the non -conforming
use of the land may be continued, but shall be subject to the following
limitations.
1. Such use shall not be changed, except to a use which conforms to the
regulations of the zone in which such land is located; and
2. If such use is discontinued it shall not thereafter be re-established.
(2) EXTENSION OF USE
(a) Such use shall not be expanded or extended in any way either on the same
or adjoining land.
(3) CONTINUATION OF SIGNS — BILLBOARDS
(a) Any sign, billboard, commercial advertising structure or statuary which
lawfully existed and was maintained at the same time this article became
effective, may be continued, although such structures do not conform to all
the provisions thereof; provided that no structural alterations are made
thereto and that all such non -conforming signs, billboards, commercial adver-
tising structures and statuary and their supporting members shall be com-
111 REV. 1-1-67
pletely removed from the premises not later than five (5) years from the
effective dates of this Ordinance.
(b) Any sign, except a roof sign, which may become non -conforming as a result
of any amendments to this Ordinance shall be completely removed from the
premises, or altered to conform, not later than five (5) years from the date
on which such use becomes non -conforming. Roof signs, and their supporting
members, shall be completely removed from the premises not later than
twelve (12) years from the date on which they became non -conforming.
(ORD. 7338)
Section 4.— EXISTING USES
(1) Any lawful use of land or structure existing at the effective date of this Ordi-
nance, and which by its terms has become a non -conforming use, is hereby
declared not to be in violation at this Ordinance's effective date. Such a non-
conforming use shall be subject to all of the provisions of this Ordinance per-
taining to its continuance, change and discontinuance.
Section 5.— ILLEGAL USE
(1) The casual, temporary or illegal use of land, building, or structure shall not be
sufficient to establish the existence of a non -conforming use or to create any
rights in the continuance of such use.
Section 6.— NON -CONFORMING DUE TO CHANGES
(1) Whenever a building or structure or a use of a building, structure or land
becomes non -conforming because of a change of zone or change in the regu-
lations, and a period of time is specified in this Section for the removal of such
non -conforming building, structure or use, said period of time shall be computed
from the effective date of such change.
Section 7.— NON -CONFORMING USE OF WATER AND
WATERFRONT LAND NON -CONFORMING
AS TO USE AND STANDARDS (ORD. 8489)
(1) The non -conforming use of water shall be regulated as follows:
(a) Permanent live -aboard vessels on devloped lots in C-4, C-5, W-I, 1-1 and 1-2
zones shall be removed within twelve (.12) months from the date they became
non -conforming as to use.
(b) Permanent live -aboard vessels exceeding densities allowed in any residential,
commercial or waterfront recreational district, where such live -aboard vessels
are permitted, shall be removed within twelve (12) months from the date
they became non -conforming as to density of use.
(c) Non -owned vessels and other vessels exceeding densities allowed in any
district shall be removed within twelve (12) months from the date they became
non -conforming as to density of use.
(2) The non -conforming use of waterfront land which is non -conforming as to on -
site parking, open space, sanitary and safety standards required in Article IV,
Sections (7) and (8) of this Ordinance in conjunction with the conforming use of
water shall be regulated as follows:
(a) On vacant residential site, the onsite parking, open -space, sanitary and
safety standards required in Article IV, Section (7) and (8) shall be complied
with within six (6) months from the date they became non -conforming as to
standards.
(b) On Developed Sites.
On developed sites with five (5) or more vessels sixteen (16) feet and over
in length docked or moored alongside or in front of such site, the sanitary
and the safety standards required in Article IV, Section (8)—except for the
requirements of a ten (10) foot unobstructed aisle —shall be complied with
within twelve (12) months from the date they became non -conforming as to
standards.
112 REV. 1-1-76
•
ARTICLE XXIX— ADMINISTRATION
Section 1.— ENFORCEMENT
The Department of Buildings and all officers, inspectors and employees thereof, shall
enforce the provisions of the COMPREHENSIVE ZONING ORDINANCE.
Section 2.— PERMITS NOT TO BE ISSUED
Permits shall not be issued under the following circumstances:
(1) No building permit shall be issued for the erection, alteration or use of any build-
ing or structure or part thereof, or for the use of any land or water, which is not in
conformity with all the provisions of the COMPREHENSIVE ZONING ORDINANCE.
(2) No license or permit shall be issued by the Department of Buildings or by any
Department, Agency, or Official of the City of Miami, for the use of any premises
or the operation of arty business, enterprise, occupation, trade, profession or
activity which would involve in any way, or constitute a violation of the COM-
PREHENSIVE ZONING ORDINANCE.
Section 3.— SURVEYS
That as a requirement in connection with application for issuance of a Building Permit
for a new structure, an addition to an existing structure, a structural alteration to an
existing structure and/or for the moving of a building, there shall be attached to the
building plans a registered Land Surveyor's certified survey.
Section 4.-- CERTIFICATES REQUIRED
No building or structure, or part thereof, or premises, which are hereafter erected or
altered, or changed in occupancy, or land or water upon which a new or different
use is established, shall be occupied or used until a Certificate of Occupancy shall
have been applied for and issued. (ORD. 8490)
Commencing with the effective date of this Ordinance, all persons applying for a Cer-
tificate of Occupancy for the use or occupancy of vacant or improved land or for a
change in the use of the land or for the change in the use of an existing building shall
pay to the Building Department of the City of Miami an inspection and service fee in the
amount to be determined by the City Commission upon the recommendation of the City
Manager. A record of all Certificates of Occupancy issued hereunder shall be kept on
file in the office of the Zoning Inspector.
Certificates of Occupancy shall not be issued until the premises have been inspected and
found to comply with all Code requirements of the Building Department, Fire Prevention
Bureau, and all other Agencies when required, such as Hotel Commission, Dade County
Health Department, etc.
All applications for Certificates of Occupancy shall be approved or disapproved within
three (3) days following application.
That all persons desiring to use a residential building structure located within an R-1,
R-2, R-3, R-4 or R-5 District for a home occupation shall apply to the Building Depart-
ment for an accessory use permit. Such permit shall be granted upon payment of a fee
to the City of Miami and when issued shall be valid through the following September
30th. In instances where a person 65 years of age or over is engaged in the conduct
of a permitted home occupation, there shall be no r" auired payment of an accessory
fee in conjunction with the issuance of an accessory use permit, or the subsequent
renewal of such permit. (ORD. 7356)
All renewals of accessory use Certificates of O. cupancy shall be made on or before
October 1st of each calendar year and shall be issued upon application having been
made and upon payment of a fee to the City of Miami. Renewals may not be
accepted after October 1st but applications shall be considered instead as new and be
required to pay the full fee. (ORD. 7076).
Section 5.— CERTIFICATES FOR DWELLING ACCESSORY BUILDING
Buildings or structures accessory to dwellings shall not require separate Certificates of
Occupancy but may be included in the Certificate of Occupancy for the dwelling when
shown on the plot plan and when completed at thesame time as such dwelling.
113 REV. 1-1-76
•
•
•
Section 6.— RECORD OF NON -CONFORMING USES
All premises non -conforming as to USE REGULATIONS existing at the effective date of
this Ordinance shall be ascertained, identified and recorded for the purpose of effectuat-
ing the provisions of ARTICLE XXVIII.
Section 7.— PROCEDURE ON VIOLATIONS
Where it is found that any of the provisions of this Ordinance are being violated, the
person responsible for such violation shall be given notice in writing. Such notice shall
indicate the nature of the violation and the action necessary to correct or abate the
violation. The officers and employees of the Department of Buildings shall order dis-
continuance of use of land or buildings; removal of buildings, additions, alteration or
structures; discontinuance of any work being done; or shall take any and all other action
necessary to correct violations and obtain compliance with all the provisions of this
Ordinance.
Section 8.—
DUTIES OF ENFORCERS
The Department of Buildings, through its officers and employees, shall be charged with
the duty of making inspections, receiving applications, approving plans and specfications,
issuing permits and Certificates of Occupancy, maintaining records of applications, per-
mits and certificates, and taking any and all steps or actions necessary to enforce the
provisions of this COMPREHENSIVE ZONING ORDINANCE.
114 REV. 1-1-67
•
•
ARTICLE XXX- AMENDMENTS (ORD. 8197)
Section 1.— INTENT
(1) This Comprehensive Zoning Ordinance, and the official Zoning District maps
which are a part thereof, may from time to time be amended, supplemented,
changed, or repealed. It is the intent of this Article that the Planning Advisory
Board and the Zoning Board will each serve as advisory and recommendatory
instruments to the City Commission for the specific categories of amendments
for which each is responsible and in the manner herein set out.
Section 2.— INITIATION OF PROPOSALS FOR AMENDMENT
(1) A zoning amendment may be proposed by:
(a) City Commission;
(b) Planning Advisory Board;
(c) Zoning Board;
(d) Any other department or agency of the City;
(e) Any person other than those listed in (a-d) above; provided, however, that
no person shall propose an amendment for the rezoning of property except
an owner or attorney for an owner.
(2) All proposals for zoning amendments shall be considered either by the Planning
Advisory Board, or by the Zoning Board, as may herein be required, in the
manner herein set out.
(3) All proposals for zoning amendments, whether to be heard first by the Planning
Advisory Board or first by the Zoning Board, shall be submitted in writing to the
Director of the Department of Administration for Planning and Zoning Boards.
Applications under Section 2 (1) (e) of this Article, shall be notarized by the
owner of the property or his attorney, together with a statement that the facts
as represented in the application are true and correct to the best of the owner's
knowledge or that of his attorney. The application shall be accompanied by all
pertinent information required by this Comprehensive Zoning Ordinance and
which may be required for proper consideration of the matter, along with the
payment of such fees as set forth in Article VI, Section 62-26 of the Miami City
Code.
(4) In the case of applications under Section 2 (1) (e) of this Article, documents,
reports, studies, exhibits, or other written or graphic materials, if any, to be used
by the applicant in support of the application for zoning amendment shall be
submitted with and be a part of the application for zoning amendment. All
documents, reports, studies, exhibits, or other written or graphic materials, if
any, to be used by the City in response to a zoning amendment, shall be part
of the application file at least three (3) working days prior to the public hearing.
Section 3.— AMENDMENTS TO BE HEARD BY PLANNING ADVISORY BOARD
(1) The Planning Advisory Board shall have responsibility for holding public hearings
and making recommendations thereon to City Commission where the proposed
amendments are initiated by agencies in Section 2 (1) (a) through (d) of this
Article.
Section 4.—
Section 5.—
AMENDMENTS TO BE HEARD BY ZONING BOARD
(1) The Zoning Board shall have responsibility for holding public hearings and
making recommendations thereon to City Commission where the proposed amend-
ments are initiated by persons under Section 2 (1) (e) of this Article.
DUTY OF DIRECTOR OF DEPARTMENT OF ADMINISTRATION
FOR PLANNING AND ZONING BOARDS UPON
PROPOSAL FOR AMENDMENT BEING FILED
(1) Upon the filing of an application for amendment to this Comprehensive Zoning
Ordinance, the Director of the Department of Administration for Planning and
Zoning Boards shall determine whether the proposed amendment is required
to be heard by the Planning Advisory Board under Section 3 of this Article or
by the Zoning Board under Section 4 of this Article. He shall further transmit
promptly to the Departments of Planning, Law, Building and Public Works all
papers and supporting documents which relate to the proposal for amendment,
1 1 5. REV. 2-1-74
together with his statement that the proposed amendment is required to be heard by
the Planning Advisory Board or the Zoning Board, as the case may be.
(2) In connection with the hearings required to be held on zoning amendments, the
Director of. the Department of Administration for Planning and Zoning Boards shall
perform those functions set out in Chapter 2, Division 17, Section 2-100.1 through
Section 2-100.6; Chapter 62; and other appropriate sections of the Miami City Code.
Section 6.- PUBLIC NOTICE
Section 7.-
(1)
No recommendation to the City Commission shall be made by the Planning Advisory
Board or the Zoning Board, as the case may be, regarding amendments to this Compre-
hensive Zoning Ordinance without notice of public hearing being given in the fol-
lowing manner:
(a) Amendments to the zoning map initiated under Section 2 (1) of this Article
for public hearing before the Planning Advisory Board or Zoning Board shall
be noticed as set out. in Section 62-25 a, b, c, and d of the Miami City Code.
(b) Any amendment Or addition to the text of this Comprehensive Zoning Ordinance
for public hearing before the Planning Advisory Board shall be noticed as set
out in Section 62-25 a, and d of the Miami City Code.
REFERENCE OF APPLICATIONS TO PLANNING ADVISORY BOARD FOR PROPOSALS FOR AMENDMENTS
REQUIRED TO BE HEARD BY THE ZONING BOARD
(1)
All proposals for amendments required to be heard by the Zoning Board shall be
referred to the Planning Advisory Board and the Planning Advisory Board may, but
is not required to do so, make such report, recommendation, and advice in writing
to the Zoning Board as it may deem appropriate in the case. The Planning Advisory
Board shall not be required to hold a public hearing prior to giving such report,
recommendation or advice, but such report, recommendation, or advice shall not
be authorized other than in a public meeting of the Planning Advisory Board where
such item is a part of a previously prepared agenda of the Planning Advisory
Board. The public hearing scheduled before the Zoning Board shall not be delayed
or recessed because no report, recommendation, or advice from the Planning Advisory
Board has been received in the matter, except upon request from the Planning
Advisory Board for such delay and the vote of not less than a majority of the total
membership of the Zoning Board to that effect. Lack of a report, recommendation,
or advice in the matter by the Planning Advisory Board shall not be deemed by the
Zoning Board as constituting either Planning Advisory Board approval or disapproval
of the proposed amendment.
Section 8.- HEARINGS OF BOARDS AND REPOR
TO CITY COMMISSION: TIME LIMITS
(1) For a hearing required to be held by the Zoning Board, a Public Hearing shall be
set within sixty (60) days from the date the application for an amendment is filed
in the office of the Director of the Department of Administration for Planning
and Zoning Boards. The Zoning Board may continue or defer said hearing and may
schedule additional Public Hearings if it deems necessary. The Zoning Board
shall file its recommendation with the City Commission within sixty (60) days
after a decision has been reached by the Board. (ORD. 8607)
(2) For a Hearing required to be held by the Planning Advisory Board, a Public Hearing
shall be set within sixty (60) days from the date the application for an amendment
is filed in the Office of the Director of the Department of Administration for
Planning and Zoning Boards. Where reports of the City Planning Department or other
departments of the City are requisite to proper consideration of the matter, the
proposal for amendment shall not be set for public hearing and the time requirement
of this paragraph shall not run until such reports have been certified by the
appropriate City department head as being completed or ready for use in the
matter. The Planning Advisory Board may continue or defer said hearing and may
schedule additional Public Hearings as it deems necessary. The Planning Advisory
Board shall file its recommendation with the City Commission within sixty (60) days
after a decision has been reached by the Board. (ORD. 8607)
(3) For the purpose of computing the time limit set forth in Paragraphs (1) and (2) of
this section, the month of August shall be excluded. (ORD. 8607)
116 REV. 1-26-77
Section 9.- NATURE AND REQUI.REMENTS OF ZONING BOARD REPORT TO CITY COMMISSION
(1)
When pertaining to the rezoning of land under application made under category (e),
paragraph (1), Section 2, of this Article, the report and recommendations of the
Zoning Board shall show that the Zoning Board has studied and considered, where
applicable, whether or not:
(a) The proposed change is contrary to the established land use pattern;
(b) The proposed change would create an isolated district unrelated to adjacent
and nearby districts;
(c) The proposed change would materially alter the population density pattern
and thereby increase or overtax the load on public facilities such as schools,
utilities, streets, etc.;
(d) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
(e) The proposed change would be in conformity or in conflict with adopted City
comprehensive plans or portion or portions thereof, or would require sub-
stantial modification of the adopted comprehensive plans or portion or
portions thereof;
(f) Changed or changing conditions make the passage of the proposed change
necessary;
(g) The proposed change will adversely influence living conditions in the neigh-
borhood;
(h) The proposed change will create or excessively increase traffic congestion or
otherwise affect public safety;
(i) The proposed change will create a drainage problem;
(j) The proposed change will seriously reduce light and air to adjacent areas;
(k) The proposed change will adversely affect property values in the adjacent
area;
(1) The proposed change will be a deterrent to the improvement or development
of adjacent property in accord with existing regulations;
(m) The proposed change will constitute a grant of special privilege to an indivi-
dual owner ascontrasted with the public welfare.
(n) There are substantial reasons why the property cannot be used in accord
with existing zoning.
(o) Whether the change suggested is out of scale with the needs of the neigh-
borhood or the city.
(p) It is impossible to find other adequate sites in the City for the proposed use
in districts already permitting such use.
Section 10.- NATURE AND REQUIREMENTS OF PLANNING ADVISORY BOARD REPORT TO CITY COMMISSION
(1) For hearings required under this Article to be held by the Planning Advisory
Board, the report and recommendations of the Planning Advisory Board to City
Commission shall show:
(a) When pertaining to the rezoning of land and where the application has been
initiated under categories (a) through (d), paragraph (1), Section 2, of this
Article, that the Planning Advisory Board has considered such of the factors
set out in Section 9 above as may be applicable in the case;
(b) Where pertaining to other proposed amendments of the Comprehensive Zoning
Ordinance that the Planning Advisory Board considered and studied;
1. the need and justification for the proposed change; and
2. the relationship of the proposed amendment to the purposes and
objectives of the City's comprehensive plans or portion or portions
thereof, with appropriate consideration as to whether the proposed
change will further the purposes of the comprehensive planning program,
this Comprehensive Zoning Ordinance, and other City codes, regulations,
and actions designed to implement the comprehensive planning program.
Section 11.- STATUS OF BOARD REPORTS AND RECOMMENDATIONS
(1) The reports and recommendations of the Planning Advisory Board or the Zoning
Board required by Sections 8, 9, or 10 above, as the case may be, shall be
. 117 REV. 1-26-77
Section 12.-
advisory only and shall not be binding upon the City Commission. In its delibera-
tions on the reports and recommendations in the actions that it may take in regard
to them, the City Commission shall consider such of the requirements of Sections
9 or 10 as may be applicable`to the particular matter before it.
CITY COMMISSION: ACTION ON BOARD REPORTS
(1) Upon receipt of the report and recommendations of the Planning Advisory Board
or the Zoning Board, as the case may be, the City Commission shall hold a second
public hearing with notice to be given as set out in Section 62-25 b, c, and d
of the Miami City Code.
(2) In the case of all proposed changes or amendments, if the recommendation of the
Planning Advisory Board or the Zoning Board, as the case may be, is adverse to the
proposal, such changes or amendments shall not be adopted except by the vote of
at least three (3) members of the City Commission.
Section 13.- FAILURE OF CITY COMMISSION TO ACT
Section 14.-
(1)
If a recommendation of the Planning Advisory Board or the Zoning Board, as the
case may be, is not legislatively decided within the ninety (90) days of the
date of its receipt by the City Commission, the application upon which the
report and recommendation is based shall be deemed to have been denied pro-
viding the City Commission may refer the application to the Planning Advisory
Board or the Zoning Board, as the case may be, for further study, and the
time provided for said study shall be excluded from the said ninety (90) day
time. For the purpose of computing the time limit set forth herein, the month
of August shall be excluded. (ORD. 8607)
LIMITATIONS ON THE REZONING OF PROPERTY UNDER WHICH APPLICATION IS INITIATED UNDER
CATEGORY (e), PARAGRAPH (1), OF SECTION 2
For applications initiated or proposed to be initiated under category (e), para-
graph (1), Section 2, of this Article; the following limitations shall apply:
(a) Except where the proposal for the rezoning of property involves an exten-
sion of an existing district boundary, no change in the zoning classification
of land shall be considered which involves less than forty thousand (40,000)
square feet of area or two hundred (200) feet of street frontage.
(b) Whenever the City Commission has denied an application for the rezoning
of property, the Zoning Board shall not thereafter:
1. consider any further application for the same rezoning of any part or all
of the same property for a period of eighteen (18) months from the date
of such action;
2. consider an application for any other kind of rezoning on any part or
all of the same property for a period of twelve (12) months from the
date of such action;
(c) Whenever the City Commission has changed the zoning classification of
property by amendment, the Zoning Board shall not thereafter consider any
petition for rezoning of all or any part of the same property for a period
of eighteen (18) months from the date of such action.
(1)
Section 15.- WAIVER OF TIME LIMITS
(1) The time limits of Section 14, paragraph (1) (b) & (c) of this Article may be
waived by a vote of not less than three (3) members of the City Commission
when such action is deemed necessary to prevent injustice or to facilitate
development of the City in the context of adopted comprehensive plans or portion
or portions thereof.
117.1 REV. 1-26-77
•
ARTICLE XXXI- VARIANCES (ORD. 8198)
Section 1.— INTENT
(1) A VARIANCE is a means of relief which is available only when some peculiar
circumstances as to SIZE, SHAPE, or NATURAL FEATURES of the parcel of land
(and sometimes its LOCATION) is such that literal application of the provisions
of the Ordinance would impair the owner's rights to some reasonable use of the
property. A VARIANCE shall not be granted unless, in the first p!ace, there are
such peculiar circumstances.
Section 2.— GRANTING OF VARIANCE
(1) A variance from the term of the Comprehensive Zoning Ordinance shall not be
granted by the Zoning Board unless and until:
(a) WRITTEN PETITION. A written petition for a variance is submitted demon-
strating that:
1. 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;
2. The special conditions and circumstances do not result from the actions
of the applicant;
3. Literal interpretation of the provisions of these zoning regulations would
deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of these zoning regulations and
would work k unnecessar_y_and ui er hardship on the applicant;
1 /J .1-..4 -Granting the variance requested will not confer on the applicant any
special privilege that is denied by these zoning regulations to other lands,
buildings, or structures in the same zoning district;
5. The variance, if granted, is the minimum variance that will make possible
the reasonable use of the land, building, or structure;
6. The grant of the variance will be in harmony with the general intent and
purpose of these zoning regulations, will not be injurious to the neighbor-
hood, or otherwise detrimental to the public welfare. Documents, reports,
studies, exhibits, or other written or graphic materials, if any, to be used
by petitioner in support of the petition and in demonstration of any or
all of the above requirements shall be submitted with the petition.
(b) NOTICE OF PUBLIC HEARING. Notice of public hearing shall be given as
set out in Section 62-25 a thru d of the Miami City Code.
(c) PUBLIC HEARING. A public hearing will be held by the Zoning Board.
(d) FINDINGS. The Zoning Board shall make findings that the requirements of
Section 2 (1) (a) of this Article have or have not been demonstrated by the
applicant for variance.
Section 3.— CONDITIONS AND SAFEGUARDS
(1) In granting any variance, the Zoning Board may prescribe appropriate condi-
tions and safeguards in conformity with the Comprehensive Zoning Ordinance.
Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed grounds for revocation
of the variance or a violation of the Comprehensive Zoning Ordinance.
(2) Any variance granted shall expire six (6) months after the effective date of such
action, unless a building permit based upon and incorporating the variance is
obtained within the aforesaid six (6) months period,or unless the provisions of
the variance are adhered to within the aforesaid six (6) months period. However,
upon application, the City Manager may, after review and determination that
substantial progress has been achieved by the applicant in terms of project
planning, extend the expiration date of the variance for an additional period
of time not to exceed one (1) year, subject to approval of the City Commission.
Said extension request shall be filed with the City Manager thirty (30) days prior
to the expiration date of the initial six (,6) months effective period of the variance.
(3) Whenever action has been taken to deny Petition for Variance on any property,
the Zoning Board shall not thereafter consider a Petition for the same type of
variance on all or any part of the same property for a period of one year from
the date of denial. (ORD. 8220)
118 REV. 2-1-74
ARTICLE XXXII CONDITIONAL USE (ORD. 8199)
Section 1.— CONDITIONAL USE DEFINED
(1) A conditional use is a use that would not be appropriate generally, or without
restriction, throughout a zoning district or classification but which, if controlled
as to number, area, location, or relation to the neighborhood, would promote the
public health, safety, welfare, morals, order, comfort, convenience, appearance,
prosperity, or the general welfare. Such uses may be permissable in a zoning
district or classification as conditional uses if specific provision for such condi-
tional use is made in the Comprehensive Zoning Ordinance.
Section 2.— GRANT OF CONDITIONAL USE
(1)
•
•
A conditional use shall not be granted by the Zoning Board unless and until:
(a) WRITTEN PETITION. A written petition for the conditional use is submitted
indicating the section of the Comprehensive Zoning Ordinance under which
the conditional use is sought and stating the grounds on which it is requested,
with particular reference to the types of findings which the Zoning Board must
make under Section 2 (1) d. of this Article. The petition should include ma-
terial necessary to demonstrate that the grant of conditional use will be in
harmony with the general intent and purpose of the Comprehensive Zoning
Ordinance, will not be injurious to the neighborhood or to adjoining proper-
ties,or otherwise detrimental to the public welfare. Such material may in-
clude, but is not limited to, the following where applicable:
1. Site plans at an appropriate scale showing proposed placement of struc-
tures on the property; provisions for ingress and egress of traffic and
pedestrians, offstreet parking and offstreet loading areas, refuse and
service areas; and required yards and other open spaces;
2. Plans showing proposed locations for utilities hook-up;
3. Plans for screening and buffering with reference as to type, dimensions,
and character;
4. Proposed landscaping and provisions for protection of trees and;
5. Proposed signs and lighting, including type, dimensions, and character.
Where the Comprehensive Zoning Ordinance sets out additional require-
ments for specific conditional uses, the petition should demonstrate that
such additional requirements are met. Documents, reports, studies, exhibits,
or other written or graphic materials, if any, to be used by petitioner in
support of the petition shall be submitted with the petition.
(b) NOTICE OF PUBLIC HEARING. Notice of public hearing shall be given as set
out in Section 62-25 (a) through (d) of the Miami City Code.
(c) PUBLIC HEARING. A public hearing shall be held by the Zoning Board.
(d) FINDINGS. Before any conditional use shall be granted, the Zoning Board
shall make a written finding that it is empowered under the section of the
Comprehensive Zoning Ordinance described in the petition to grant the con-
ditional use and that the granting of the conditional use will not adversely
affect the public interest, welfare, and safety. Before any conditional use
shall be granted, the Board shall further make written findings certifying that
the additional specific requirements governing the individual conditional use,
if any, have been met by the petitioner and that, further, satisfactory provi-
sion and arrangement has been made concerning the following matters,
where applicable:
1. Ingress and egress to property and proposed structures thereon with par-
ticular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe;
2. Offstreet parking and loading areas, where required, with particular
attention to the items in 1. of this subsection and the economic, noise,
glare, or odor effects of the conditional use on adjoining properties and
properties generally in the district;
3. Refuse and service areas, with particular reference to the items in 1.
and 2. of this subsection;
4. Utilities, with reference to locations, availability, and compatibility;
5. Screening and buffering with reference to type, dimensions, and character;
6. Signs, if any, and proposed exterior lighting with reference to glare,
118.2 REV. 2-1-74
•
traffic safety, economic effects, and compatibility and harmony with prop-
erties in the district;
7. Required yards and other open space;
8. General compatibility and esthetic compatibility with adjacent properties
and other property in the district;
9. Any special requirements set out in the Comprehensive Zoning Ordinance
for the particular conditional use involved.
Section 3.— CONDITIONS AND SAFEGUARDS
(1) In granting any conditional use, the Zoning Board may prescribe appropriate
conditions and safeguards in conformity with the Comprehensive Zoning Ordi-
nance. Violation of such conditions and safeguards, when made a part of the
terms under which the conditional use is granted, shall be deemed grounds for
revocation of the conditional use or a violation of the Comprehensive Zoning
Ordinance.
(2) Failure to apply for a building permit within six (6) months of the date of the
grant of conditional use and to begin construction thereunder shall invalidate
the grant of conditional use, provided, upon application, the City Manager may,
after review and determination that substantial progress has been achieved by
the applicant in terms of project planning, extend the expiration date of the con-
ditional use for an additional period of time not to exceed one (1) year, subject
to approval of the City Commission. This extension request shall be filed with
the City Manager thirty (30) days prior to the expiration date of the initial six
(6) months effective period of the conditional use.
(3) If the Zoning Board shall deny a conditional use, it shall state in its records
its reasons for doing so. Such reasons shall take into account the factors stated
in Section 2 (1) (d) of this Article, or such of them as may be applicable to the
action of denial, and the particular regulations relating to the specific conditional
use requested, if. any.
(4) Whenever action has been taken to deny a petition for conditional use on any
property, the Zoning Board shall not thereafter consider a petition for the
same type of conditional use on all or any part of the same property for a
period of one (1) year from the date of denial.
Section 4.— APPEALS FROM DECISIONS OF ZONING BOARD
(1) Decisions of the Zoning Board shall be deemed final unless a request is filed
together with the payment of any required fee with the Department of Admin-
istration for Planning & Zoning Boards by the petitioner or by any person or
persons, jointly or severally, aggrieved by any decision of the Zoning Board,
or by any officer, department, board, commission, or bureau of the City within
fifteen (15) days from the date of such Board decision requesting the City Com-
mission to review such decision. The Executive Secretary of the Zoning Board shall
certify such request for review to the City Commission through regular channels.
The City Commission shall consider such request at a public hearing after giving
notice as set out in Section 62-25 b, c, d, of the Miami City Code.
(2) Any person or persons, jointly or severally, aggrieved by any action of the City
Commission affirming, modifying, or reversing a decision of the Zoning Board,
or any officer, department, board, commission, or bureau of the City may seek
recourse to the courts as provided by the laws of Florida.
118.3 REV. 2-1-74
ARTICLE XXXIII- INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of this ORDINANCE, they shall be held
to be a minimum requirement for the promotion of the health, safety, morals and gen-
eral welfare of the community. It is not intended by this ORDINANCE to interfere with,
abrogate or annul any easements, covenants or agreements between parties, provided
however, that where the regulations of this ORDINANCE are more restrictive than
regulations on the same point, as contained in any other law or ORDINANCE, or
restrictions by deed or subdivision in "R" (Residential) Districts, the provisions of this
ORDINANCE shall govern.
•IARTICLE XXXIV- VALIDITY
Should any Article, Section, Paragraph, Sentence, Clause, Phrase or other part of this
ORDINANCE be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of the ORDINANCE as a whole, or any part
thereof, other than the part so declared to be invalid.
' • ARTICLE XXXV- SAVING CLAUSE
Any prosecution arising from a violation of any ORDINANCE repealed by this Com-
,- prehensive Zoning Ordinance, which prosecution may be pending at the time this
Ordinance becomes effective, or any prosecution which may be started within one
(1) year after the effective date of this Ordinance in consequence of any violation
of any Ordinance repealed herein, which violation was committed prior to the effective
date of this Ordinance, shall be tried and determined exactly as if such Ordinance
had not been repealed.
ARTICLE XXXVI- REPEAL
ORDINANCE NO. 1682 and all amendments thereto ARE HEREBY REPEALED. All other
Ordinances or Laws in conflict with the provisions of this COMPREHENSIVE ZONING
ORDINANCE or inconsistent with the provisions of this ORDINANCE, ARE HEREBY
REPEALED to the extent necessary to give this COMPREHENSIVE ZONING ORDI-
NANCE FULL FORCE AND EFFECT.
' ARTICLE XXXVII- VIOLATIONS AND PENALTIES
Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate
or fail to comply with any of the provisions of this ORDINANCE, shall, upon conviction,
be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment
at hard labor on the streets or other works of the City for a term not exceeding sixty
(60) days, or by both such fine and imprisonment at the discretion of the Court.
Each day that violation of this ORDINANCE is continued or permitted to exist without
compliance, shall constitute a separate offense punishable upon conviction in the
manner prescribed in this Section.
ARTICLE XXXVIII-ENACTMENT
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
WAS PASSED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA, AT ITS MEETING OF MAY 3, 1961.
Approved this 3rd Day of May, 1961.
Mayor
City Clerk
119 REV. 1-1-67
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Departments Copied Below
FROM:
Rodrigt7e - Director
Planning Department
DATE:
February 22, 1983
FILE:
SUBJECT: Error in Comprehensive Zoning
Ordinance #6871
REFERENCES:
ENCLOSURES:
Please be advised of a codification error in ARTICLE IV, Section 21,
subsection (1) which is found on page 21.1 with a revision date of
1-1-81, of the subject ordinance.
Ordinance #7508 amending the Zoning Ordinance deleted paragraph (c)
of the aforementioned subsection. Please note this deletion in your
copy until a corrected page is provided.
SR/ROW/vb.
cc: Law Department
Xity Clerk
City Manager's Office
Planning & Zoning Board Administration
Fire, Rescue and Inspection Services
Planning
Public Works
+ t'
THE MIAMI NEWS
Pithli-hrd l)ailc
I)arll County. Florida
STATE OF Fl,r!lilflA.
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