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HomeMy WebLinkAboutOrdinance 99-63 ORDINANCE NO. 99-63 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE XIX, RU-4A, HOTEL APARTMENT HOUSE DISTRICT, SECTIONS 33-217 THROUGH SECTION 33-223, OF THE CODE OF MIAMI-DADE COUNTY, TO PROVIDE FOR USES PERMITTED; TO PROVIDE FOR SITE PLAN REVIEW GENERALLY; TO PROVIDE FOR CRITERIA FOR SITE PLAN REVIEW; TO PROVIDE FOR MINIMUM LOT, WIDTH AND AREA; PROVIDING FOR SETBACK REQUIREMENTS; PROVIDING FOR VIEW CORRIDORS TO THE BAY OR OCEAN AND MAXIMUM BUILDING OBSTRUCTION OF VIEWS OF THE BAY OF THE OCEAN; TO PROVIDE HEIGHT REQUIREMENTS; TO PROVIDE FLOOR AREA RATIO AS DEFINED INCLUDING FLOOR AREA RATIO BONUSES, BEACH OR BAY ACCESS BONUS, BUILDING AMENITIES BONUS, COLLINS AVENUE BUILDING SETBACK BONUS; ADDITIONAL SITE SETBACK BONUS; BEACH RE-NOURISHMENT AND FACILITY MANAGEMENT BONUS; PEDESTRIAN SAFETY IMPROVEMENT FUND; MEDIAN LANDSCAPING BONUS AND BEACH BOARDWALK BONUS; PROVIDING FOR A MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS; PROVIDING FOR DENSITY BONUSES INCLUDING A LOCAL MASS TRANSIT DENSITY BONUS; BUS STOP AND SHELTER DENSITY BONUS; MEDIAN LANDSCAPING DENSITY BONUS; BEACH BOARDWALK DENSITY BONUS; BEACH RE- NOURISHMENT DENSITY BONUS; PROVIDING FOR SUBDMSION OF HOTELS AND MOTELS; PROVIDING FOR PARKING AND OPEN SPACE; PROVIDING FOR TREES AND LANDSCAPING; PROVIDING FOR ACCESSORY USES AND OTHER SPACING; PROVIDING FOR CONSOLIDATION OF REQUESTS REQUIRING APPROVAL BY PUBLIC HEARING INTO ONE HEARING APPLICATION; PROVIDING FOR SEVERABILITY, INCLUSION INTO THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 16, 1998, the City Commission for the City of Sunny Isles Beach, by Ordinance No. 98-40 as extended by Ordinance No. 99-59, passed a building and zoning moratorium with certain exceptions, in order to allow the City to begin preparation of a comprehensive plan for the City in accordance with Section 163.3177 Florida Statutes ("comp plan"), which plan, upon implementation will serve to guide, control and determine land use development and growth in a manner that is protective to the public health, safety, welfare and the aesthetic and visual qualities in the City so there are further enhanced and protected from impairment by incompatible uses; and 099-63 RU-4A Article XIX Amendment 3/5/99. Page 1 of 42 WHEREAS, the City Commission sitting as the local planning agency and the Citizen's Planning Advisory Board and staff have worked diligently with their planning consultant to undertake such preparation and have held workshops in conjunction with the current district regulations pertaining particularly to those properties east of Collins Avenue; and WHEREAS, after much discussion and analysis, staff and the City s planning consultants on the advice of council of the Land Planning Agency and the Citizen's Planning Advisory Board, hereby amend Article XIX, RU-4A, Hotel Apartment House District of the Code of Miami Dade County as adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach to more accurately reflect division for the City of Sunny Isles Beach as shall be incorporated in the comp plan and as may be amended from time to time; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the City of Sunny Isles Beach, Florida, is hereby amended as follows: ( Underlining indicates proposed additions to the current district regulations, and strike throl:lgh indicates proposed deletions from the current regulations) ARTICLE XIX, RU-4A, HOTEL APARTMENT HOUSE DISTRICT Sec. 33-217. Uses permitted. No land, body of water or structure shall be used, or permitted to be used~ and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-4A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one of the following uses: (1) Those uses permitted in the RU-l, RU-2, RU IM(a), RU IM(b), RU 3 8:REl RU TH Districts subject only to the requirements, limitations and 099-63 RU-4A Article XIX Amendment 3/5/99. Page 2 of 42 restrictions applicable thereto in said districts, including but not limited to, lot width, area, setbacks, yard areas, height and coverage. (2) Ml:llt~le family apartmeBt hORse, apartment, hetel, apartment hetel ana motel eORtaiffi..Bg fewer th8:R ele'.'eR (11) litlits iR a siRgle Bl:lilamg. ill Hetels, 8:Ra motels, apartmeBt hOl:lses, 8:Ra apartment hetels eeBtaiBiBg [O'Nel' th8:R ellY/eR (11) er mere litlits, sRBjeet te site plBR reyiO'lI hereiRaFter pfoyiaed. 'NRere applieaBt fails to seel:H'e the ap~roya-l ef both d0j3artmeftts the site pl8:R re';iO'tlea sha-ll be aeem.ed aeRiea. Vlhere the site pl8:R has BeeR aeaied, tae ap~lieaBt may eerreet the SafBe to seel:lre the appro',a-l of Beth d0j3artmeBts or appeal the aenia-l for review by the ZeRiRg Appeals Beard. t41 (2)Multiple family housing developments, hotels. aBEl-motels and apartment hotel (except that apartment hotel shall not be permitted west of the centerline of Collins Ave right of way) ~ provided they are reviewed approved under the provisions of site plan review hereinafter provided. Where an applicant fails to secure the approval of the Building. Planning and Zoning Department. the site plan reviewed shall be deemed denied. Where the site plan has been denied. the applicant may correct the same to secure the approval of the department or appeal the denial for review by the ZemRg .A"ppea-ls Beard 099-63 RU-4A Article XIX Amendment 3/5/99. Page 3 of 42 City Commission 8:Rd eRly OR appro'.'a-l after staff reyiO'.Y ef the approved site pl8:R(s) te eRStlfe 6em.pli8:R6e ':lith a-ll RU 41\. Distriet refluHem.eftts 8:REl the , site plan reviO':; eriteria Bfld any eOBaitieRs of site pl8:R appfeya-l refll:lired by the City CommissioR. Saia pl8:R shall be iB eompliBflee with the reftl:liremeftts hereiR&Fter previded. Where multifamily. hotel. 6f motel and apartment hotel developments consist of two (2) or more structures, unless each such structure is located on a site meeting all standards of this district, the area shall be restricted to efte unified ownership or control by unity of title or covenant running with the land. (a) The following definitions shall supercede any and all other definitions of the same terms found in this code: (1.) Apartment hotel. A hotel which has been subdivided as to ownership in any manner. (2.) Hotel. A building in which lodging. or boarding and lodging. are provided as the more or less temporary residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobbv supervised by a person in charge at all times. Hotels are unsubdivided as to ownership. managed by a single entity and open to the public on a transient basis with no unit therein occupied by the same tenant or group of tenants in excess of six months within any twelve month period. Hotel rooms shall be fully furnished. Room keys and mail services shall be continually offered from a desk in the main lobby. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 4 of 42 Centralized telephone and messaging service shall be continually offered to each room available for lodging. Daily linen service and other customary hotel services shall be offered to individuals lodged therein. Kitchen facilities may be offered. (3.) Motel. A hotel which consists of one or more buildings where units or rooms have direct entry from a street. drive. court. walkway or other means not necessitating entry through a controlled common lobbv which contains the main service desk. fSj(3) Convalescent homes, eleelffioSj'ftary charitable and philanthropic institutions, only upon approval after public hearing. Hospitals (other than animal hospitals) including accessory office buildings and accessory commercial service facilities, only upon approval by public hearing; said accessory uses shall comply with the following additional criteria: (a) Medical Office buildings: 1. Office buildings shall be located on a hospital site containing a minimum often (10) acres. 2. Hospital and office buildings shall be under one ownership and the property owner shall file a unity of title agreement or other similar agreement or covenant in lieu thereof in conformance with the provisions of Section 33-31. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 5 of 42 3. Tenants of the office buildings shall be limited to medical personnel affiliated with, and having staff privileges at, the hospital. 4. The hospital must contain a minimum of one hundred (100) beds. 5. The office complex shall not exceed forty (40) percent of the hospital's total square footage. (b) Commercial service facilities: 1. Service facilities shall be restricted to cafeterias or restaurant, florist shop, gift shop, financial institution, pharmacy, newspaper and magazine stand, and other similar uses determined by the director to be ancillary to a hospital/office complex. 2. Services shall be permitted and available exclusively for use by medical staff, hospital personnel, patients and visitors of the hospital. 3. Outside advertising or signs (including wall signs) shall be prohibited. 4. Service facilities shall not exceed three(3) percent of the hospital floor area, nor shall they exceed seven (7) percent of the office floor area. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 6 of 42 5. Service facilities meeting the above criteria shall not require further public hearing(s) if located within hospitals or related office buildings approved at public hearing(s) held after the effective date of Ordinance Number 88-93. teH4) Private clubs, lodges, fraternities and sororities, only upon approval by the City Commission after public hearing. f71-(5) Public art galleries, public libraries and public museums. (8) Bl:lfl:ga-1ew villa aIT8:Rgemeflts (eReh strl:letl:H'e limitea te Ret more than two family aeel:lpaney). See dcfirtitie1'l in this ehaprer. Before a permit sHaH be granted ta plaee B1:H.ldiRgs OR a lot l::lfttier the baBgalew villa pr-evisioR, plafls sha-11 be filed €lavering the size 8:Ra spaeiRg af a-11 B1:H.ldiRgs iRtooded in the villa and the total area of let is ta be iReltiaed; nat less than teR (10) dwelliRg l:lRits shall be permitted l:lllaer the preyisians ef the bl:lfl:galow villa regalations Bfld, further, tHe ootire area shaH be restrieted tEl one(l) o'"fflersk~ by eOYeRaBt naming with the land. Permits shall Be oBtaiRed for the refl1:H.rea ten (10) l:lffits at eRe ti.ffie eRa 'Nark eR all stmetl:H'es shall proeeed eanel:lfiently. t9t (6) Housing projects, whether in single or multiple buildings, and as defined in Chapter 421 of the Florida Statutes, bl:lilt far ar BY the Dade Cotlftty 099-63 RU-4A Article XIX Amendment 3/5/99. Page 7 of 42 D0j3artment ef HotlsiRg ana UrblH'l DlY/elepmeRt upon apj>roval by the City Commission after a public hearing. fWj(7)A community residential facility as defined in Section 33-1(30.1) shall be permitted in a awelliBg anit upon establishing the following: (a) That the total number of resident clients on the premises not exceed fourteen (14) in number. Facilities for more than fourteen (14) resident clients must be approved through public hearing pursuant to Section 33-13; (b) That the operation of the community residential home be licensed by the State of Florida Department of Health and Rehabilitative Services; (c) That the community residential home not be located within a radius of one thousand two hundred (1,200) feet of another existing, unabandoned legally established community residential home in a multi-family zone. The one thousand two hundred-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use; (d) That the community residential home conform to existing zoning regulations applicable to other multiple family uses permitted by this section; 099-63 RU-4A Article XIX Amendment 3/5/99. Page 8 of 42 (e) That the sponsoring agency of the community residential home notify the Director in writing of its intention to establish said facility. Such notice shall contain the address and legal description of the site, the number of resident clients, as well as a statement from the State of Florida Department of Health and Rehabilitative Services indicating the need for and licensing status of the proposed facility. Absence of this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and (f) Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in a substantial physical damage to the property of others. Pre':isieRs of Drd. }le. 82 6 shall Bet apply te those bl:lil€lifigs fer whieh a bl:lilding permit has been issl:led and is in effeet 8:Ra ...:here IRi:llt~le family hel:lsing ae'/elepm.ent or projeet site plan Has BeeR appro'/ed prier to Pebruary, 2 19&2, BY resel1:ltieR of the ZOaiRg L'\ppeals Board or Boara of Col:lfity C€lmmissionelfs, or prior to Pooruary 2, 19&2, an agreemeRt, letter ef ifitent, er perform.8:flee st8:lKlards eReompassiRg all ef tHe basie item.s eenstit1:ltiBg a site plan has BeeR reeeraed eT adaptea by resel1:1tien ef the ZeBing },..ppeals Beard er the Boara of Cel:lfity Commissieners. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 9 of 42 (Ord. No. 72 92, ~ 1, 12 5 72; {)fa. No. 75 90, ~ 5, 10 15 75; Ord. No. 82 6, ~ 1,2 2 82; Ord. Na. 83 20, ~ 2,4 19 83; Ord. No. 88 93, ~ 1, 10 4 88; Ord. Ne. 91 51, ~ 4, 5 7 91; Ora. No. 91 81, ~ 1, 7 23 91; Or-d. No. 95 135, ~ 16, 7 25 95; Ora. No. 95 215, ~ 1, 12 95) Sec. 33-217.1. Site Plan Review-Generally. The Building, Planning and Zoning Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. In addition the site plan review is intended to encourage logic, imagination, innovation and variety in the design process and thereby ensure the congruity of the proposed development and its compatibility with the surrounding area. All plans submitted to the Department shall be reviewed and approved or denied within fiFteeR (15) thirty (30) days from the date of submission. The applieant shall hW/e the right te exteRa the fifteeR day periea by an adaitiol'laJ. fiFteeR (15) days l:lflen timely request maae iR v/ritiRg to the D0j3artm.ent. THe D0j3artmeRt shall ha'le the right to ~(tORd tfte fifteeR day period BY writteR netiee te the applieBflt that aaElitioRa-l infellRatiaR is Reeaed to proeess the site plan. Demals aflaU be in '.vriting and shall speeifiea-lly set forth the gro1lfl:ds for aenial. If the plan is disapprevea the applieant may appeal to the appropriate Conmumity Zelling .A..ppeals Baara iR aeeord8:fl:ee ':/ith proeedme established fer appea-ls ef admiRistrati'/e aeeisieR. The applicant shall have 30 days to respond to the comments of the d~artment. If the applicant fails to respond or to request an extension. the application shall be deemed null and void by the Department. The Department shall notify the applicant upon the voiding of an application. The 099-63 RU-4A Article XIX Amendment 3/5/99. Page 10 of 42 Director may grant an extension ifhe believes the the extension request is reasonable or he may deny the reauest. If the extension is denied. the applicant may appeal the denial to the City Commission. Procedure. Exhibits shall be prepared by design professionals sl:leh as aremteets and landseape arehiteets~ shall be submitted to the Department and shall include, but not be limited to the following: (1) Site plan including the following information: (a) Lot lines and setbacks. (b) Location, shape, size and height of existing and proposed buildings, decorative walls and entrance features. (c) Landscaping in accordance with Chapter 18A of this Code. (d) Location of off-street parking and loading facilities and waste collection areas, including photometric data to verifY compliance with site lighting standards. (e) Indication of exterior graphics, as required. (f) Indication of any site design methods used to conserve energy. (2) Floor plans and elevations of all structures, including total gross square foot area of each floor. The elevation of the lowest floor shall be shown in relation to mean sea level (3) Figures indicating the following: (a) Gross and net acreage. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 11 of 42 (b) Amount of landscaped open space In square feet required and provided. (c) Amount of building coverage at ground level in square feet. (d) Total trees required and provided in accordance with Chapter 18A ofthis Code. (e) Parking required and provided. (f) Total amount of paved area in square feet. (g) Such other design data as may be needed by the Department to evaluate the project. Sec 33-217.2. Same - Criteria. The following criteria shall be utilized in the plan review process: (1) Purpose and intent: The proposed development fulfills the objectives of this article. (2) Planning studies: Design, planning studies or neighborhood area studies accepted or approved by the Board of Cotffity COffli'l'iissioRers City Commission that include development patterns or environmental design criteria which would apply to the development proposal under review shall be utilized in the plan review process. (3) Landseape: Landscape shall be preserved in its natural state insofar as is practicable by minimizing tree removal. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate 099-63 RU-4A Article XIX Amendment 3/5/99. Page 12 of 42 structure design to site, visually screen noncompatible uses and block noise generated by the major roadways and intense-use areas. (4) Buffers: Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided. (5) Scale: Scale of proposed structures shall be compatible with s\:liTel:IDding proposea or e-xistiRg l:lses or sha-11 be made eOHlpatiBle by the l:lse of bl:lfferia-g elem.ents the height and bulk regulations of this Code. Buffers shall be employed where appropriate to ensure that effective transitions between existing development and new or redevelopment are achieved. New or redevelopment proiects which are in conformity with this code shall not be deemed to be incompatible with adiacent non-conforming development within the RU-4A district simply due to proiect scale differentials where appropriate buffers are provided in accordance with this code. (6) Circulation: Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall adequately serve the needs of the development and be compatible and functional with circulation systems outside the development. (7) Energy considerations: Site design methods to reduce energy consumption shall be encouraged. Energy site conservation methods may include siting of structures in relation to prevailing breezes and sun angles and use of landscape materials for shade and transpiration. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 13 of 42 (8) Parking areas: Building wall extensions, planting, berms or other innovative methods shall be used as a means of minimizing the adverse effect of the visual impact of parking areas. This requirement is in addition to the requirements of the landscape regulations of the Code of MCltre~elitan Daae Col:lftty City. Parking structures shall be designed so as to give the appearance of being part of the building that it serves. The street facades of parking structures shall be designed so as not to permit views of vehicles. exposed overhead lighting. or building utilities. (9) Open spaces: Open space shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible. (10) Graphics: Graphics, as required, shall be designed as an integral part of the overall design of the project. (11) Art display: Permanent interior and exterior art displays and water features should be encouraged in the overall design of the project. (12) Visual screening for decorative walls: In an effort to prevent graffiti and vandalism, to preserve public access to dedicated easements and to preserve the view corridor. the following options shall be utilized for walls. abuttiRg zOflea or dedieated rights of way: (a) Wall with JanrisCflping. ThCl '.va-ll shall be setbaek twe ana eRe ha-lf (2 1/2) ten (10) feet frem the right ef '.yay liRe ana the resl:lltiag setbaek area sha-ll eeRtaiR a eeBtiRl:lel:ls ,*tensively lanaseaped bl:lffer whieh ml:lst Be mamtaiBea iR a goea Hea-lfuy eeflditioB by 099-63 RU-4A Article XIX Amendment 3/5/99. Page 14 of 42 tal:) property o'.V'Rer, or ':mere by the property e\V'ReT, eT WHere apfllieaBle, by the eeflaemiml:lffi, hemee\V'Rers er similar assoeiatioR. The IlH'l:dseape bl:lffer slia-ll eelNaiR ORe er more of the followiRg plantillg materia-ls: No solid CBS. concrete. or wood wall. with the exception of approved entrance features in accordance with Section 33-112. or retaininl! walls necessarY to protect public facilities. shall be placed in a front setback nor shall a solid wall or fence of any kind be permitted to obstruct access to a dedicated access easement. (b) Wall with anti-graffiti paint. A CBS, concrete, or solid wood wall may be placed on the an interior or rear property line or may be placed no closer than ten (10) feet from a street line and shall be treated with anti-graffiti paint and landscaped as required per Section-217.2.(12.1 ) (c) Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed iR liel:l of a aeeerative wall, RoithClf anti-graffiti paint Her lanaseaf)iflg shall not be required. Metal picket fences or other decorative fences which are less than 50 percent solid shall be permitted in front setbacks. provided they meet the 10 foot right of way setback and landscaping requirements for other fences and walls as required per Section- 217.2(12.1). 099-63 RU-4A Article XIX Amendment 3/5/99. Page 15 of 42 (12.1) Landscaving Requirements for walls and fenees : Walls or fences which are otherwise permitted to be located within the front or exterior side setback shall be setback at least 10 feet from the right of way line and the resulting setback area between the fence and the right of way line shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner or. where applicable. by the condominium. homeowners or similar association. The landscape buffer shall contain one or more of the following planting materials: (1) Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. (2) Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. (3) Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 16 of 42 (13) Site Li~htin~: Site lighting shall be provided to illuminate parking lots and sidewalks. including any public sidewalk adiacent to the site. at a minimum lighting level intensity of one (1) foot candle per square foot. The site plan shall include photometric data as may be required by the Director to demonstrate compliance with the standards. (14) Utilities to be v/aeed Underwound: New developments or redevelopment along Collins Avenue shall be required to place electrical. telephone. cable television and other utilities. located on or in front of the site. underground. At the sole option of the City the developer may be required to place the utilities underground concurrent with the development or redevelopment. or to participate in an overall improvement program to place such utilities underground by payment of a pro-rata share of the cost of the improvement program. Such pro-rata fair share contributions shall be deposited in a capital improvement fund maintained by the City and shall be expended only for the under-grounding of public utilities along Collins Avenue. (Ord. Ne. 82 6, ~ 1,2 2 82; om. Ne. 95 19, ~ 6,2 7 95) Sec. 33-218. Minimum lot width and area. The minimum lot width shall be one hundred (100) feet and the minimum lot area shall be ten thousand (10,000) square feet. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 17 of 42 (Ora. No. 72 92, ~ 1, 12 5 72) Sec. 33-219. Lot coverage. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the total lot area except that any structures below 19' MSL shall not be counted for lot coverage where the top of the structure is fully landscaped and/or utilized solely for recreational activities (Ord. N0. 72 92, ~ 1, 12 5 72) Sec. 33-220. Setback requirements. The setbacks for buildings and structures shall be as follows: (1) Front setback: For stnIetl:H'es Bot eJ{eeeding thirty fiye (35) feet iB height, The minimum front setback shall be twenty five (25) feet provided that on Collins Avenue it shall be seventy five (75 ) feet; far straetl:H'es e'/er thirty five (35) feet in height the setbaeks sha-11 Be inereased b)' forty (40) pereent of the additianal height; pr0vided, hawever, that the reqairea froat setbaek sha-11 Bot mweed fifty (50) f~et. Underground parking structures. or portions thereof. not extending above ten (10) feet M.S.L. mav be located within the front and side setbacks. but no closer than twenty-five (25) feet to the right of way. Such structures may extend to fifteen (15) feet above M.S.L. orovided however that no oortion of the structure which extends above ten (10) feet M.S.L. shall be located closer than fiftv (50) 099-63 RU-4A Article XIX Amendment 3/5/99. Page 18 of 42 feet to the Collins Avenue right of wav and further Drovidimz that no Dortion of the structure above ten (0) feet M.S.L. shall encroach UDon anv Dortion of a view corridor. No portion of a garage structure located within a front setback shall be visible from the right of way. (2) Rear setback: The rear setback shall be twenty five (25) feet adiacent to the beachfront. Elsewhere. for structures not exceeding thirty-five (35) feet in height, The minimum rear setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height to a maximum of fifty (50) feet. (3) Interior side setbacks and side street setbacks: (a) West of Collins Ave right of way The minimum side setback for all structures shall be determined by a sixty-three-degree line projected from the interior side property line( s) or side street property line( s) upward towards the center of the site; provided, however, that no structure shall be permitted to be closer than twenty-five (25) feet to meas1:H'ea from the interior side property line(s) or side street property line(s) (see the following sketch) and further provided that the pass&gO'::ay view corridor areas to Biscayne Bay or the .L'\t1antie Oeean are adhered to as provided in this article. (b) East side of Collins Ave The minimum side setbacks for all structures shall bc det0fffiiRed by a sixty three aegree liRe projeetea frem the iaterier side property liRe( s) or side street pfeperty liRe( s) l:lp\':ard 099-63 RU-4A Article XIX Amendment 3/5/99. Page 19 of 42 towards the eeflter efthe site; pfevided, kevt'e'ler, that BO struemre ska-11 be permittea to Be eloser tftaft twenty-five (25) feet or 1 foot for each 5 feet of building height which ever is greater measured from the interior side property line(s) or side street property line(s) (see the fellowiBg sketeh) and further provided that the passagO'Nay view corridor areas to BiseayBe Bfty er-the Atlantic Ocean are adhered to as provided in this article and further provided that with respect to lots up to one-hundred-twenty (120) feet wide. the minimum side setback below twenty-five (25) feet mean sea level shall be twenty (20) feet and above twentv-five (25) feet mean sea level the minimum side setback shall be the greater of twenty-five (25) feet of 15% of the building height and setbacks on such lot shall be further restricted by the terms of section 33-222 (3) herein below. On all parcels the wider of the side setback or the view corridor as set forth in section 33- 221 shall be located on the north side of the property. Parking structures located below ten (10) feet mean sea level may be constructed to twenty- five (25) feet of any property line provided however that no portion of the parking structure may be visible from a side or front property line. (4) Minimum setbaek separation between buildings on the same site shall be the greater of one fifth (1/5) the average (i.e. mean) height of the adloining buildings or 1.5 times the average (i.e. mean) width of the adlacent building on the same parcel or twenty (20) feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site, in 099-63 RU-4A Article XIX Amendment 3/5/99. Page 20 of 42 099-63 RU-4A Article XIX Amendment 3/5/99. Page 21 of 42 pro'/ided BY a eemmOR ana eORtiffii01:lS elear spaee ':lith a thirty (30) feot mimffitllR '.vidth. (Ord. No. 72 92, ~ 1, 12 5 72; Ora. Ne. 82 6, ~ 1,2 2 82; Ora. No. 83 20, ~ 2, 4 19 83) Sec. 33-220.1. Passageway areas View corridors to the bay or ocean. There shall be a contiguous yistlal passagO'llay view corridor area~ for sites abutting the bay or ocean, said area to extend from the bay or ocean to the street most nearly parallel to the mean high water line. TweBty (20) Twenty-five (25) percent of the total froBtage aimoosiefl width of said sites shall be unencumbered with any above- ground structure or off street private parking, with the area(s) running the full length of the property from the street most nearly parallel to the mean high water line, to the bay or ocean. The maximum required view corridor for anyone (1) development shall be one hundred (100) feet in width provided however that if said view corridor is wider than the side setback as described in section 33-220(3)(b) then, in that event, such view corridor shall be located on the North side of the property. Properties donated or dedicated to Dade Col:lflt)' the City and accepted by the Board of Count)' CommissioRefs City Commission or encumbered with a public or sem.ipl:lblie access easement that lies within the iBterief setBaek required view corridor areas shall continue to be credited toward this requirement. The purpose of said dedications/easements is to encourage views of the bay or ocean and features such as walkways, public parking areas, fishing piers, gazebos, art objects and other similar amenities. A floor area ratio bonus shall be given for 099-63 RU-4A Article XIX Amendment 3/5/99. Page 22 of 42 developments abutting the bay or ocean where said dedications/easements are granted pursuant to the provisions of Section 33-222. Sec. 33-220.2. Maximum buildin~ obstruction of views of the ocean. In order to preserve views of the ocean for properties that do not directly abut the ocean. no more than fifty percent of the width of the site that abuts ocean may be obstructed by buildings exceeding one story or twenty-five (25) feet in height above M.S.L. The maximum width of any single building or structure exceeding one story or twenty-five (25) feet in height above M.S.L shall be two hundred (200) feet. (Ora. No. 82 6, ~ 1,2 282) Sec. 33-221 Height. (1) Within any minimum required setback area. Re aeek er l'atie m.ay exeeea a hei~ht ~reater thaR tv/e (2) feet ana no wall or fence shall exceed a height greater than six (6) feet. OR sites 'N.J:1ieh abat aedieatea riglHs of '.Yay of eRe lHmelfea (100) feet or more, eaeh proposed Bl:lildiRg or stru.et1:1re ...;lH.eh exeeeds ORe htmelfed (100) f-cet iR height shall be designed lH'la sitl:lated s1:1eh that the ooadow ereatea by the Stlfl. at 12:00 ROOR on Deeembef 21 (a Stlfl lH'lgle of forty eIle (41) degrees) will Rot fan OR any aajaeent prepocty exe0j3t for pl:lblie read rights of way. Shaao'N stuaies ooall be preyiaea te the Department. Buildings or structures may be proposed to any height except as controlled by this shadow provision and other provisions in the Code, such as floor area ratio, setbacks, 099-63 RU-4A Article XIX Amendment 3/5/99. Page 23 of 42 airport regulations, etc. For all other sites, No building or structure or part thereof shall be of a height greater than the width of the site. (2) For pm:pose of the setback calculation referred to in section 33-220 the height of the building shall be calculated as being from fifteen (5) feet mean sea level to the highest point of the building including roof top equipment. equipment rooms and architectural ornamentation. The height of roof top antennas or lighting devices utilized or required by governmental agencies shall not be included in the height calculation. No buildini! or structure shall contain more than 55 stories above elevation fifteen (15) feet M.S.L. No structure. excluding balconies and stairwavs. which exceeds one story or 15 feet above elevation twentv-five (25) feet M.S.L. shall be permitted to obscure a view through any reauired buildini! separation. Sec. 33-222. Floor area ratio. 1. The definition of "Floor Area Ratio" is hereby amended as follows: The floor area ratio is the gross floor area of all buildings or structures on a parcel divided by the total parcel area. excluding water submerged lands sl:lbmergea lffiaer tiaa-l \v&ters (This definition shall supercede any other definition of floor area ratio. 2. "Gross Floor Area" shall be defined as follows: The floor 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 099-63 RU-4A Article XIX Amendment 3/5/99. Page 24 of 42 (2) buildings. or as measured from the exterior face of a proiection. the area of which is included in this definition. Floor area includes but is not limited to: (a) Exterior corridor space from which access is gained to dwelling units or hotel rooms. (b) Floor space of balconies of which any part encroaches a setback. (c) Floor space for accessory buildings. (d) Floor space in interior balconies or mezzanines. (e) Covered or enclosed parking above fifteen 15 feet M.S.L. CD Elevator shafts and stairwells at each floor. Floor area does not include: (g) Covered or enclosed parking areas below twenty-five (25) feet M.S.L. (h) Floor space used for mechanical equipment for the building. Floor area ratio shall not exceed the following provided however that additional floor area may be permitted in accordance with the floor area ratio bonus: Height of Buildings Floor Area Ratio 1 story 0.40 2 story 0.60 3 story 0.80 4 story 1.00 099-63 RU-4A Article XIX Amendment 3/5/99. Page 25 of 42 5 story 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 10 story 2.20 11 story 2.50 3. On parcels of one-hundred-twenty (120) foot frontage or less on Collins Avenue. no single floor above twenty-five (25) feet mean sea level shall exceed an F.A.R. of two tenths (0.20) provided that additional parking or bonus amenitv area may be permitted to exceed an F.A.R. of two tenths (0.20) at the floor above twenty-five (25) feet mean sea level in the event that no portion of that story encroaches any setback. 4. Floor Area Ratio Bonuses: The City Commission may grant floor area ratio bonuses in addition to the maximum floor area ratio permitted above in accordance with the following requirements provided. however. that the sum total of all bonuses shall not exceed an F.A.R. of one 0.0): fa) Beach Access Bonus: A floor area ratio bonus shall be given for developments abutting the bay or ocean where improved land or il'Hf)ro':ed easements are dedicated or granted to Dade COl:lfl:ty the City and accepted by the Boara of Coanty CmnmissieH:0fs City Commission or Director for f-eamres sl:leh as 18:Rdseape, wa-lkways, f)ublie f)arkiRg areas, fisrnRg piers, ga-zebes, restroems, art objeets aftd other similar afBeBities public access. For the pU1l'oses of this 099-63 RU-4A Article XIX Amendment 3/5/99. Page 26 of 42 section. "improved" means landscaped. lighted and irrigated In a manner consistent with the adioining development and including a paved accessway and pedestrian amenities less than teR (1 m feet iR width. For the pw:poses of this section. "public access" means unencumbered and unrestricted access to the public: exce.pt however. that upon request of the grantor or propertv owner. the City Commission may accept a restriction upon the grant or dedication limiting the hours of general public access to daylight hours. provided that the City shall have unrestricted access for fire and police protection and provided that the grantor or property owner shall bear the full expense of installing a gate always accessible to police and fire protection personnel and equipment. Said areas are to extend the full length of the property from the street most nearly parallel to the mean high water line, to the ocean and shall be a minimum of ten (10) percent of the frontage of the property but not less than 18 feet in width. Such areas are to be included in density, visual passageway. open space and setback calculations. The bonus shall be an additional F.A.R. of five one-hundredths (0.05) provided that on properties that are adiacent to the beach access bonus is granted. An additional two (2) square feet of floor area for each one (1) square foot of area devoted for improved public access. in excess of the minimum access dedication up to a maximum floor area ratio bonus of one tenth (0.1) shall be granted for dedications whose width exceeds the above calculated minimum access width for the subject parcel or lot. (bUi) Buildin~ Amenities Bonus: Net floor area within a residential building. hotel or motel or apartment hotel designed and used for the main lobby. meeting and 099-63 RU-4A Article XIX Amendment 3/5/99. Page 27 of 42 banquet rooms. restaurant and lounge. retail shops. health and fitness facilities. library and card rooms. and similar facilities. up to a maximum of twenty (20%) percent of the total floor area bonus shall be excluded from calculation of allowable floor area ratio. otherwise grantea :fer the Bl:lildffig. (W For hotels with 300 rooms or units. or more. the net floor area devoted to conference and meeting rooms. banquet facilities. restaurants and nightclubs. business centers and health clubs or similar amenities as approved by the Building Official may be excluded from the calculation of allowable floor area. up to a maximum of twenty percent (20%) of the total floor area of the hotel building. (c) Collins Avenue Building Setbaek Bonus: A floor area ratio bonus shall be given for additional setback from Collins Avenue which is provided above the minimum required front setback. The bonus shall be an additional floor area ratio of four thousandths (0.004) per foot of additional building setback. up to a maximum floor area ratio bonus of five one-hundredths (0.05), Provided that no portion of the building including overhangs. porte cochere or other such architectural elements encroach the minimum required setback. (d) Additional Side Setback Bonus: A floor area ratio bonus shall be given for developments where the side setbacks on each side of the property are increased to a minimum of twenty-five (25) percent of the total site width. These additional setback areas may be used for underground parking. surface parking. landscaping and recreation amenities. but not buildings. The bonus shall be additional floor area ratio of two tenths (0.2) 099-63 RU-4A Article XIX Amendment 3/5/99. Page 28 of 42 (e) Beaeh Re-nourishment and Facility Mana~ement Bonus: A floor area ratio bonus shall be granted for participation in the City's beach renourishment and management efforts. The bonus shall be one five hundredths (0.05) additional floor area ratio for each "Participation Unit" contributed to the capital improvement fund designated for beach restoration and management. The maximum beach restoration floor area ratio bonus shall not exceed fifteen one- hundredths (0.15). A "Participation Unit" for the pur:pose of the Beach Re- nourishment and Facility Bonus shall be an amount equal to twenty thousand dollars ($20.000.00) multiplied by the total number of acres contained in the subiect parcel. The granting of this bonus shall not preclude the City from levying any future general special assessments for beach renourishment. (0 Pedestrian Safety ProfJYam Imvrovement Fund A floor area ratio bonus shall be granted for participation in the City's Pedestrian Safety Program efforts. The bonus shall be one five hundredth (0.05) additional floor area ratio for each "Participation Unit" contributed to the City's capital improvement fund for Pedestrian Safety Improvements. For the pur:pose of the Pedestrian Safety Improvement Bonus a "Participation Unit" shall be an amount equal to Twentv Thousand Dollars (20.000.00) multiplied by the total number of acres contained in the subiect parcel. The maximum pedestrian safety floor area ratio bonus shll not exceed fifteen one-hundredths (0.05). The granting of this bonus shall not preclude the City from levying any future general special assessments for pedestrian safety. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 29 of 42 (g) Median Landseaving Bonus: A floor area ratio bonus shall be granted for participation in the beautification of medians in the roadways adjoining the development. For each "Participation Unit" contributed to the capital improvement fund designated for median improvement a floor area bonus of one- hundredth (.01). For the pur.pose of the Median Improvement Bonus a "Participation Unit" shall be an amount equal to ten thousand dollars ($10.000.00) multiplied by the total number of acres contained in the subiect parcel. The maximum median landscaping floor area ratio bonus shall be one tenth (0.1 ). (h) Beach Boardwalk Bonus: A floor area ratio bonus shall be granted for the granting of an easement and construction of a City of Sunny Isles Beach approved public beachfront boardwalk along the entire beach frontage of a site. The walkway shall be a minimum 0 f fifteen feet (15) in width. shall contain one (1) park bench every twenty-five (25) feet and shall constructed in accordance with specifications provided by the City. For each one hundred (100) feet of boardwalk constructed. The bonus shall be one hundredth (.01). The maximum beach boardwalk density bonus shall not exceed three-hundredths (0.03). (Ord. No. 72 92, ~ 1, 12 5 72; Ord. No. 82 6, ~ 1,2 2 82; Ord. No. 83 20, ~ 2, 4 19 83) Sec. 33-222.1 Maximum number and minimum floor area of units. (1) The maximum number of dwelling units in a multiple family housing development, apartment, or housing project shall not exceed a density of fifty (50) dwelling units per acre, or eight hundred seventy-one and two-tenths (871.2) square feet of lot area per dwelling unit. No portion of a parcel which is submerged under tidal 099-63 RU-4A Article XIX Amendment 3/5/99. Page 30 of 42 waters shall be utilized for the pm:pose of calculating density. Hotels and motels aad apartmeBt hetels aevelepea fer trBBsient resideffi:ia-l l:lsage sfla-ll net e'Keeed a d0ftsity of sClveBty fi'le (75) a'Tvelling litlits per Ret aere or five ffi:Hldrea eighty Rftd eight tenths (580.8) sql:lare fClet oflot area per dwelling l:lll:it may contain dwelling units with kitchens and/or suites. provided that the development is unsubdivided and is operated as a bona fide hotel or motel offering accommodations to the public. If a hotel er motel is iBteRaea to h&ye s1:1bdi'/iaea oVlflershi~ as deseriBed iR See. 33.222.1.1. then the ae'lelef'meRt shall be limited to ne mere than se'lenty fi'{e (75) 1::H1its ~er aere. Eaefl dwelliag l:lfl:it ef a bl:lngalow yilla sflall pro'/iae at least two thol:lsand (2,000) sftl:lare feet of let area. Apartment hotels intended to be subdivided as to ownership and which otherwise meet the definition of a hotel shall not exceed a maximum density of 150 unit per acre. Residential dwelling units or apartments shall not be permitted to have "lock-outs". Apartment Hotels shall be permitted to have "lock-out" units. where a portion of the dwelling unit has separate access. can be locked-off from the remainder of the unit. and can be rented or leased separately from the remainder of the unit provided that each lockout shall be counted as a separate dwelling unit for deflsity oarkinl! calculations. Lock-out units shall not be subdivided and sold seoaratelv from the main unit. (a) The minimum floor area of a dwelling unit shall be seven hundred and fifty (750) square feet. (b) The minimum floor area for a hotel or motel unit containing a kitchen shall be four hundred (400) square feet. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 31 of 42 ( c) The minimum size for a hotel . motel or lockout unit not containing a kitchen shall be 375 square feet. (d) The minimum unsubdivided square footage for an apartment hotel unit shall be 750 square feet. (2) Density Bonuses: The City Commission may approve density bonuses in addition to the maximum density permitted above in accordance with the following requirements: (a) Local Mass Transit Density Bonus: A density bonus shall be granted for participation in the City's development of a local mass transit system. The density bonus shall be one (1) additional dwelling unit for each Ten Thousand Dollars $10.000.00 contributed to the City's capital improvement fund designated for development of a local mass transit system. The maximum local mass transit density bonus shall not exceed three (3) dwelling units per acre. (b) Bus Shelter Density Bonus: A density bonus shall be granted for the construction of a bus turnout bay and of a bus shelter. The bonus shall be a total of five (5) additional dwelling units or apartments. (c) Median LandseaDin~ Density Bonus: A density bonus shall be granted for participation in the beautification of medians in the roadways adioining the development. The bonus shall be one (1) additional dwelling unit for each Ten Thousand Dollars ($10.000.00) contributed to the City's capital improvement fund designated for beautification and landscaping of medians. The maximum median landscaping density bonus shall not exceed two (2) three (3) dwelling units per acre. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 32 of 42 (d) Beach Boardwalk Density Bonus: A density bonus for residential apartments shall be given for the granting of an easement and construction of a public beachfront boardwalk along the entire beach frontage of a site. The walkway shall be a minimum of fifteen feet in width. shall contain one (1) park bench every twenty-five (25) feet and shall be constructed in accordance with specifications provided by the City. The bonus shall be one dwelling (1) unit for each one-hundred (100) feet of boardwalk constructed. The maximum beach boardwalk density bonus shall not exceed three (3) dwelling units per acre. (e) Beaeh Re-nourishment and maintenanee Density Bonus: A density bonus shall be granted for participation in the City's beach renourishment efforts. The bonus shall be one (1) additional dwelling unit for each Ten Thousand Dollars ($10.000.00) contributed to the City's capital improvement fund designated for beach restoration and management. The maximum beach boardwalk density bonus shall not exceed three (3) dwelling units per acre. (Ord. No. 72 92, ~ 1, 12 5 72; Ord. :No. 96 81, ~ 3, e 4 96) Sec. 33.222.1.1. Subdivision of hotels and motels. (a) Definitions. (1) For the purposes of this section the term "subdivision of a hotel or motel" shall mean the sale, conveyance, or long-term lease or sublease (for more than six (6) months) of five (5) pereeBt er mere, cumulatively, of one or more of units in a hotel or motel by the 099-63 RU-4A Article XIX Amendment 3/5/99. Page 33 of 42 same seller, lessor or sublessor. This definition is not applicable to the transfer of an entire hotel or motel to the same transferee. (2) For purposes of this section the term "subdivided property" shall mean all hotel or motel units and all other components of any subdivided hotel or motel. (b) The subdivision of a hotel or motel may be permitted only for properties located east of Collins Avenue. Any person or entity who intends to subdivides a hotel or motel shall deliver written notice of said intended subdivision to the Direetof City on or before the earlier of either offering to enter into or entering into any agreement or contract for sale, conveyance, lease, or sublease which would result in a subdivision. (c) If there shall be a subdivision of any hotel or motel no permit, certificate of use and occupancy or any other governmental approval shall be issued or granted except in emergencies for any subdivided property, unless and until the owner shall demonstrate to the Direeter City that the subdivided property shall continue to comply with all the provisions and regulations of this chapter and any resolutions adopted pursuant hereto. The procedure for demonstrating such compliance shall be established by submission of documentation pursuant to regulations to be promulgated by the Direeter ana appfo'/ea BY the Beara ef Cm:mty CemmissieRers City Commission. (d) (1) It shall be presumed that the subdivision of a hotel or motel results in a change of use to non-hotel or non-motel use. This 099-63 RU-4A Article XIX Amendment 3/5/99. Page 34 of 42 presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the appropriate C01'BJlR::lRity Zomag .A..ppeals Beard City Commission. The presumption shall be rebutted whenever such an applicant shall establish at public hearing that the property will continue to be utilized as a hotel or motel. In civil proceedings the presumption of change of use shall shift the burden of proof on this issue to the party against whom it operates; and in criminal proceedings the presumption shall constitute prima facie evidence of a change in use. (2) The presumption established by this subsection shall not go into effect for a hotel or motel if: 1) prior to June 6, 1984, units in the hotel or motel have been offered to the public for sale, conveyance, lease, or sublease which would result in a subdivision; 2) an application to rebut is filed pursuant to this subsection within sixty (60) days after June 15, 1984; and 3) said application is approved. For a hotel or motel which may qualify pursuant to this paragraph, no presumption shall go into effect until the later of the expiration of said sixty-day period without the filing of an application to rebut, or a final determination that the applicant has failed to rebut the presumption. (e) This section shall not apply to any units or other components of a subdivided property which were sold, conveyed, leased, or sublease to the 099-63 RU-4A Article XIX Amendment 3/5/99. Page 35 of 42 public in bona fide transactions by the subdivider prior to June 15, 1984 nor to any units or components so transferred after June 15, 1984 pursuant to a bona fide contact with the transferee entered into before June 15, 1984. The term "bona fide" shall mean for a valid business purpose other than avoiding the applicability of this section. Except as otherwise specifically provided herein all provisions of this section shall be applicable to all hotel or motel property undergoing subdivision after June 15, 1984 regardless of whether there was any prior subdivision thereof. Nothing contained in this section shall prevent the Direeter City from taking any and all enforcement actions authorized by the Code of Metrepolitan Dade Cel:lflty, Florida City's building and zoning regulations, independent of this section. (Ord. N. 84-46, 92,6-5-84; Ord. No. 96-127, 9 11,9-4-96) Sec. 33-222.2. Parking. Where the roof deck of an underground parking garage is not mere than fetir (4) above W fifteen (15) feet mean sea level ~ gmtle, it shall not be considered as a structure for zoning purpose in the RU-4 District. Exeept as it ap~lies te the set.eaek pro'/isioRS iR SeetioR 33 43; the same set.eook sha-11 apply as with surfaee parking. The garage will not be calculated as a part of lot coverage requirements, if the parking structure is below elevation teR (10) fifteen (15) feet Mean Sea Level and is not located in the tweBty (20) pereent 1:llleme1il.'Bbered.the minimum setback area and further 099-63 RU-4A Article XIX Amendment 3/5/99. Page 36 of 42 orovided that no oortion of the structure above ten (10) feet M.S.L. shall be located in a view corridor. If a garage is to be used for parking on the top deck, it must be landscaped according to the provisions of Chapter 18A of the Code of Metropolitan Dade County; if it is not to be used for parking on the top deck, it shall be developed with landscaping and or recreational facilities, etc., with those portions devoted to landscaping being counted as open space pursuant to the provisions of Section 33-222.3. Sec. 33-222.3. Open Space. On each lot there shall be provided an open space equal to a minimum of forty (40) percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery, excepting only areas used as pedestrian walks and ingress and egress drives provided that such drives shall not exceed the minimum width required to serve the parking area. (Ord. No. 72-92, S 1, 12-5-72) Sec. 33-222-3.1. Trees. Landscaping and trees shall be provided in accordance with Chapter 18 A of this Code. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 37 of 42 Sec. 33-222.4. Accessory uses. (1) Business or commercial establishments of the BU-l type, bars and cabarets shall be permitted in hotels, motels and apartment hotels provided they are located within the principal building, which contains at least on hundred (100) units, and provided the exterior of any such principal building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway: in the event the use contains windows which may be seen from the street or highway, said windows shall be of fixed, obscure glass. Such business or commercial establishments and bars in this district shall be entered only through the lobby and no additional entrances shall be permitted, except when the same opens into a courtyard or patio (away from the street side) which is enclosed and which is not visible from the street and, except that a fire door or emergency exit shall be permitted. Hotels motels and apartment hotels which extend from a street to the ocean or bay, and which have the required number of guest rooms or apartment units may have the permitted business or commercial establishment on the extreme end of the structure on the waterway side with a direct opening, provided that the opening is from the waterway side and cannot be viewed from the street or highway. These restrictions shall not apply when the site is in a commercial district and these commercial uses are a permitted use in said district and conform to all of the requirements of said district. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 38 of 42 (2) Apartment developments having a mInImum of three hundred (300) residential units may have BU-l type convenience uses not exceeding one thousand (1,000) square feet as an accessory use to apartment developments, provided that: (a) Such services relate to the needs of the inhabitants ofthe proposed complex; (b) Such services are not provided direct access from public roads; (c) Such services are not visible from public roads; (d) Detached signs and signs visible from public roads are not used; ( e) Such services are designed as an integral part of the total design as determined by site plan review; and (f) Said facility is located in the principal structure or in a community service center structure. An additional one (1) square foot of retail area shall be permitted for each apartment unit above three hundred (300) units provided, however, that the maximum square footage for such facilities shall not exceed three thousand (3,000) square feet. (3) Hotels and motels with one hundred fifty (150) or more guest rooms may contain liquor package use on the premises for the accommodation and use of their guests only, provided the establishment housing such use is entered only through the lobby within the building and does not have the appearance of commercial or mercantile activity as viewed from the highway. No advertisement of the use will be permitted which can be 099-63 RU-4A Article XIX Amendment 3/5/99. Page 39 of 42 seen from the outside of the building. These restrictions shall not apply when the hotel or motel site is in a commercial district and the package store is a permitted use and conforms to all of the requirements of said district. (4) Hotels and motels with two hundred (200) or more guest rooms or apartment units under one (1) roof may contain a night club on the premises, provided the exterior of any such building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed obscure glass. Such night club shall be entered only through the lobby, and no additional entrance shall be permitted, except when the same opens into a courtyard or patio (away from street side) which is enclosed and which is not visible from the street and, except that a fire door or exit shall be permitted. (5) Coffee SftOp ana EliRiBg roem ma-y be permitted in B1:Hlgalow ';i1la aITangemeRts haviRg fifty (50) er m.ere guest rooms er fifty (50) er mere l:lfl:its aesigflea as eRe fam..ily awelliRgs, preyidea that the eKtenor er any SlieR bl:lildiBg shall Rot eoatain stare Hents ana SBaU Rot hay€' the appearanee ef eemmereia-l or mereantile aeti'/ity as ';iO'Nea Hem the pl:lBlie ffigfl'lIay, nor be identifiea by any type ef sigfl. Strip lighting by neon or other type of electric lighting to outline a building shall not be permitted. The tetal sftl:lare feot area of eoffee sI:lefl ar diniRg ream., iRelaamg lcitooeR 099-63 RU-4A Article XIX Amendment 3/5/99. Page 40 of 42 faeilities, ete., sfia-1lnet total more than fifteen (15) sftl:lare feet, ffi1:lltiplied by eaeh li':ing l:Ulit ereetea en the projeet. (6) Cabanas, provided they are strictly incidental to apartment house, apartment hotel, motel or hotel. Cabanas shall not be used for overnight sleeping quarters nor rented or leased to any person other than a guest of the apartment house, apartment hotel, motel or hotel. Sec. 33-222.5. Other spacing. No hospital, convalescent home, eleeffiosynary charitable or philanthropic institution shall be located within one hundred (100) feet of any EU, RU-l or RU-2 Zone or within fifty (50) feet of any property under different ownership. Sec. 33-222.6. Reserved. Editor's Bate Ord. No. 82 6, ~ 1, adopted Peb. 2, 1982, aeletea ~ 33 222.6, eoneerRiag site plan reyiew, as derivea freffi 000. No. 72 92, ~ 1, adeptea Dee. 5, ~ Sec. 33-223. Consolidation of requests requiring approval by public hearing into one hearing application. All requests requiring approval by public hearing may be consolidated into one hearing application. (End of Code Revisions) Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 099-63 RU-4A Article XIX Amendment 3/5/99. Page 41 of 42 Section 3. Severability. If any section, subsection, clause or provIsIon of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system. Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this 11th day February, 1999. PASSED AND ADOPTED on second readi AtTEST: ~~~~~~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M. Dannheisser CI y Attorney Moved by: Commissioner Iglesias Seconded by: Commissioner Kauffman Vote: 5-0 in favor Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow LlY es) LlY es) LlY es) LlY es) LlY es) _(No) _(No) _(No) _(No) _(No) 099-63 RU-4A Article XIX Amendment 3/5/99. Page 42 of 42