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.
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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
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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
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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.
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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.
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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.
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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
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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;
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(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.
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(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
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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.
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(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
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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.
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(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
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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).
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(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.
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(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.
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(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)
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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.
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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
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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
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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,
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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
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(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
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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
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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
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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)
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(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.
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(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.
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( 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.
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(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.
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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
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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
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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
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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.
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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.
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(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.
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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.
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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.
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