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HomeMy WebLinkAboutOrdinance 99-84 ORDINANCE NO. 99-84 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE 99-63 AMENDING ARTICLE XIX, RU-4A, HOTEL APARTMENT HOUSE DISTRICT, SECTIONS 33-217 THROUGH SECTION 33-223, OF THE CODE OF MIAMI-DADE COUNTY, AMENDING USES PERMITTED TO ALLOW COOKING FACILITIES; AMENDING THE CRITERIA FOR SITE PLAN REVIEW; SPECIFICALLY RELATING TO WALLS, FENCES, SITE LIGHTING; AMENDING LOT COVERAGE AND SETBACK REQUIREMENTS AS THEY RELATE TO BOTH EAST SIDE AND WEST SIDE OF COLLINS AVENUE AND AS TO THE MINIMUM SEPERATION OF THE BUILDINGS; AMENDING VIEW CORRIDORS TO THE BAY OR OCEAN AND MAXIMUM BUILDING OBSTRUCTION OF VIEWS OF THE BAY OF THE OCEAN; AMENDING HEIGHT REQUIREMENTS; AMENDING FLOOR AREA RATIO AS DEFINED INCLUDING FLOOR AREA RATIO BONUSES, BEACH AND BAY ACCESS BONUS, BUILDING AMENITIES BONUS FOR HOTELS; COLLINS AVENUE BUILDING SETBACK BONUS; ADDITIONAL SITE SETBACK BONUS; PEDESTRIAN SAFETY IMPROVEMENT FUND; MEDIAN LANDSCAPING BONUS AND BEACHW ALK BONUS; PROVIDING FOR EVIDENCE OF BONUS PERFORMANCE; AMENDING THE MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS INCLUDING MIXED USES; AMENDING DENSITY BONUSES; AMENDING BEACHW ALK DENSITY BONUS; BEACH RE- NOURISHMENT DENSITY BONUS-AND PROVIDING FOR EVIDENCE OF BONUS PERFORMANCE; AMENDING SUBDIVISION OF HOTELS AND MOTELS; AMENDING MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS; AMENDING PARKING PROVISIONS; AMENDING OPEN SPACE REQUIREMENTS; AMENDING ACCESSORY USES TO INCLUDE CABANAS; PROVIDING FOR A REPEALER, 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 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 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:42 AM draft. Page 1 of 44 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 tlHough 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, and RU-TH Districts subject only to the requirements, limitations and restrictions applicable thereto in said districts, including but not limited to, lot width, area, setbacks, yard areas, height and coverage. 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 2 of 44 (2) Multiple family housing developments, hotels, motels and apartment hotel (except that hotel, motels and apartment hotel shall not be permitted west of the centerline of Collins Ave right of way), provided they are approved under the provisions of site plan review hereinafter provided. Where an applicant fails to secure the approval of the Building, Community 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 departments or appeal the denial for review by the City Commission. Where multifamily, hotel, 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 unified ownership or control by unity of title or_covenant running with the land. The following definitions shall supercede any and all other definitions of the same terms found in this code: (a) Apartment hotel. A hotel which has been subdivided as to ownership in any manner. (b) 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 lobby 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 099-63 RU-4A Article XIX Amendmen1315199-III2100 8:16 AM draft. Page 3 of 44 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. 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. (c) 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 lobby which contains the main service desk. Cooking facilities may be provided in apartment hotel, hotel and motel rooms. Cooking facilities in units ofless than 750 gross square feet shall be limited to one (1) microwave and one (1) five-{;ubic foot refrigerator (mini bar) and sink. (2) Convalescent homes, eleemosynary 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: 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 4 of 44 (a) Medical Office buildings: 1. Office buildings shall be located on a hospital site containing a minimum often (10) acres. 11. 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. 111. Tenants of the office buildings shall be limited to medical personnel affiliated with, and having staff privileges at, the hospital. IV. The hospital must contain a minimum of one hundred (100) beds. v. 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. 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 5 of 44 11. Services shall be permitted and available exclusively for use by medical staff, hospital personnel, patients and visitors of the hospital. 111. Outside advertising or signs (including wall signs) shall be prohibited. tv. 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. v. 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. (4) Private clubs, lodges, fraternities and sororities, only upon approval by the City Commission after public hearing. (5) Public art galleries, public libraries and public museums. (6) Housing projects, whether in single or multiple buildings, and as defined in Chapter 421 of the Florida Statutes, upon approval by the City Commission after a public hearing. (7) A community residential facility as defined in Section 33-1 (30.1) shall be permitted 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 099-63 RU-4A Article XIX AmendmenI3/5/99-I/I2/00 8:16 AM draft. Page 6 of 44 (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; (e) That the sponsoring agency of the community residential home notify the Community Planing and Zoning Departments Direotor 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 099-63 RU-4A Article XIX AmendmenI3/5/99-1112/00 8:16 AM draft. Page 7 of 44 this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and (t) 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. Sec. 33-217.1. Site Plan Review-Generally. The Building, Community Planning and Zoning Departments 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 thirty (30) days from the date of submission. The applicant shall have 30 days to respond to the comments of the department. 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 Department Directors may grant an extension if he both believe the extension request is reasonable or he both may deny the request. If the extension is denied, the applicant may appeal the denial to the City Commission. Procedure. Exhibits shall be prepared by design professionals, shall be submitted to the Department and shall include, but not be limited to the following: 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 8 of 44 (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 at time of permit 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. (b) Amount of landscaped open space III 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 of this Code. ( e) Parking required and provided. (f) Total amount of paved area in square feet. 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 9 of 44 (g) Such other design data as may be needed by the Department to evaluate the project. See 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 guidelines; planning studies or neighborhood area studies accepted or approved by the 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) Landscape: 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 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 the height and bulk regulations of this Code. Buffers shall be employed where appropriate to ensure that effective transitions between existing 099-63 RU-4A Article XIX Amendment 3/5/99-1/]2/00 8:16 AM draft. Page 10 of 44 development and new or redevelopment are achieved. New or redevelopment projects which are in conformity with this code shall not be deemed to be incompatible with adjacent non-conforming development within the RU-4A district simply due to project 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. (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 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 enclosed parking structures shall be designed so as not to permit views of vehicles, exposed overhead lighting, or building utilities within the building. 099-63 RU-4A Article XIX Amendment 315199-1/12/00 8:16 AM draft. Page 11 of 44 (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. (a) No solid CBS, concrete, or wood wall, with the exception of approved entrance features in accordance with Section 33-112, or retaining 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. (13) Wall with anti-graffiti paint. A six-foot (6') high or lower CBS, concrete, or solid wood wall may be placed on an interior or rear property line or may be placed no closer than ten (10) feet from a side street line and shall be treated with anti-graffiti paint and landscaped as required per Section-217.2. (12.1) (14) Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed anti-graffiti paint shall not be 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 12 of 44 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). The maximum fence height shall not exceed six (6) feet from grade and shall be made of non ferrous materials. Within any minimum required setback area. no wall or fence shall exceed a height greater than six (6) feet from grade. except fences or walls placed upon the deck of a roof and parapet walls may extend no more than six feet (6') above the roof deck. (15) Landscaping Requirements for walls and fences: 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: (a) 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 ofplantin&..QI 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 13 of 44 (b) 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. (c) Vines. Climbing vines shall be planted on a picket or decorative fence and shall be a minimum of thirty-six (36) inches in height immediately after planting. (d) Trees. Trees shall be a minimum of fifteen (15) feet in total height and the vines shall be planted within the buffer at one (1) tree per thirty (30) lineal feet. (16) Site Lighting: Site lighting shall be provided to illuminate parking lots and sidewalks, including any public sidewalk adjacent to the site, at a minimum lighting level intensity of one (1) two (2) foot candle per square foot. The site plan shall include photometric data at the time of permit as may be required by the Director to demonstrate compliance with the standards. (17) Utilities to be placed Underground: 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 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8;16 AM draft. Page 14 of 44 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. 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. 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 flat-roofed structures below +92- elevation twenty feet (20') MSL shall not be counted for lot coverage where the top of the structure is fully landscaped and/or utilized solely for recreational activities Sec. 33-220. Setback requirements. The setbacks for buildings and structures shall be as follows: (1) Front setback: The minimum front setback shall be twenty five (25) feet provided that on the east side of Collins Avenue it shall be seventy five (75) feet, provided that a porte-cochere and lor guard house shall be permitted to be setback fifty (50) feet, and further provided that, underground parking structures, or portions thereof, not extending above ten (10) elevation fifteen (15) feet M.S.L. may be located within the front and side setback, but no closer than twenty five (25) fifty (50') feet to 099-63 RU-4A Article XIX AmendmenI3/5/99-1/12/00 8:16 AM draft. Page 15 of 44 shall be twenty-five (25) feet (measured from the interior side property !ine( s) or side street property line( s)) to the imerior side property line( s) or side street property !ine(s). For structures over thirty five (35) feet in height, the setback shall be increased by the number of feet equal to fifty (50) percent of the additional height; (see the follO\ving sketeh) and further provided that the view corridor areas to Biscayne Bay are adhered to as provided in this article. (b) East side of Collins Ave. The mmImum side setbacks for all structures shall be-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); and further provided that the view corridor areas to 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 elevation twenty (20) feet abEwe M.S.L. mean sea level shall be twenty (20) feet and above twenty (20) feet M.S.L. mean sea level the minimum side setback shall be the greater of twenty-five (25) feet ef- or 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 33-220.1 shall be located on the north or south side of the property at \.vithin the discretion of the City Manager or his / her designee as provided in Section 33-220.1 based upon the finding that the proposed development will create wider open space 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 17 of 44 Collins Avenue the right of way. Such structures may extend to fifteen (15) feet twenty (20) above M.S.L. provided however that no portion of the structure which extends above ten (10) fifteen (15) feet M.S.L. shall be located closer than fifty (50) feet to the Collins Avenue right of way and further providing that no portion of the structure above ten (10) feet fifteen (15) M.S.L. shall encroach upon any portion of a view corridor. No portion oCa garage structure located within a front setback shall be visible from the right of way. (3) Rear setback: MIla) West of Collins Ave Structures not exceeding thirty-five (35) feet in height, the minimum rear setback shall be twenty-five (25) feet from the rear property line; 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 setback of fifty (50) feet. MIIb) East of Collins Ave The rear setback shall be twenty-five (25) feet adjacent to the beaehfront from the rear property line or bulkhead line whichever is closest to the east right of way line of Collins Ave. (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 to\vards the center of the site; provided, howeyer, that no structure shall be permitted to be closer than not exceeding thirty five (35) feet in height 099-63 RU-4A Article XIX AmendmenI3/5/99-1/12/00 8:16 AM draft. Page 16 of 44 corridors and greater building setbacks. Parking structures located below ten (10) feet mean sea level may be constructed to twenty five (25) feet of any property line pro'/ided however that no portion of the parking structure may be visible from a side or front property line. Side setbacks for parking structures and other accessory structures and for the principal buildings may be calculated separately (4) Minimum separation between buildings on the same site shall be the greater of one fifth (1/5) the average (i.e. mean) actual height of the adjoining buildings or 1.5 times the average (i.e. mean) width of the adjacent two (2) times the average width of the required side setback building on the same pareel or twenty (20) feet, except where doors, vlindows or other openings in the building 'wall of a living unit face a '.vall of the same building and/or a wall of another building on the same site, in which case a minimum separation of not less than thirty (30) feet shall be pro'/ided. Cantilevers and open porches may project from the building wall into the required building separation not more than six (6) feet and unenclosed stairways may project from the building wall into the required building separation not more than ten (10) feet. Stairways, when located in the required open space (court), shall be supported by the necessary columns only; support by a wall is strictly prohibited. For the purposes of this section, separate buildings or towers located on top of the same parking structure shall be considered separate buildings and shall have the required building separations. No structure, excluding balconies and 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 18 of 44 stairways, which exceed two stories or 25 feet above mean sea level elevation shall be permitted in any required building seperation. Sec. 33-220.1. View corridors to the bay or ocean. There shall be a contiguous 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. Twenty-five (25) percent of the total width of said sites shall be unencumbered with any above grolHld structure above 15 feet M.S.L.or private parking, except fences, walls and lighting, within 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 unless at the discretion of the City Manager or his / her designee, a public purpose would be served by placing the view corridor on the south side, if the proposed development will create wider open space corridors and greater building setbacks.~ Properties donated or dedicated to the City and accepted by the City Commission or encumbered with a public access easement that lies within the 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 developments abutting the bay or 099-63 RU-4A Article XIX Amendment 3/5/99.1112/00 8:16 AM draft. Page 19 of 44 ocean where said dedications/easements are granted pursuant to the provisions of Section 33-222 Sec. 33-220.2. Maximum building 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 the ocean may be obstructed by buildings exceeding two stories one story or elevation twenty (20) feet in height above M.S.L. , except as set forth in Sec 33-220(4) herein. The maximum width of any single building or structure measured parallel to Collins Avenue or portion thereof exceeding two stories one story or elevation twenty (20) feet in height above M.S.L shall be two hundred (200) feet. Sec. 33-221 Height. (1) Within any minimum required setback area, no wall or fence shall exceed a height greater than six (6) feet (refer to setback requirements). 'Nest Btiildings or structures may be proposed to any height except as controlled by this shadow provision afld other provisions in the Code, sllch as floor area ratio, setbacks, airport regtilations, etc;;. For all other sites, No hl:lilding or structure or part thereof shall be of a height greater than the width of the site. (1) West Side Collins Ave right of way. The maximum height of a building shall be determined as set forth under Sec 33-220. 099-63 RU-4A Article XIX Amendment 3/5199-]/12/00 8:16 AM draft. Page 20 of 44 (2) East Side Collins Ave right of way. For purpose of the setback calculation referred to in section 33-220 the height of the building shall be calculated as being from fifteen (15) feet elevation twenty (20) feet M.S.L. mean sea leyel to the highest point of the building including architectural ornamentation but excluding roof top equipment, equipment rooms, parapet walls and railings. and architectural omameBtation which do not exceed 10 It aboye the roof line. All roof top equipment shall be shielded aesthetically and architecturally in a manner not visible. The height of roof top antennas or lighting devices utilized or required by governmental agencies shall not be included in the height calculation. No building or structure shall contain more than 55 stories or exceeds a height of 525 feet above M.S.L.. above elevation fifteen (15) feet M.S.L. Ne structure, exeluding ba1coR-ies and stainvays, which exeeeds hvo stories one story or 15 f-eet abo';e elevation hventy five (25) feet M.S.L. shall be permitted to obsClife a viev,' through aNY required building separation. Sec. 33-222. Floor area ratio. 1. The definition of "Floor Area Ratio" (F.A.R.) is hereby amended established 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. (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 (2) buildings, or as measured from the exterior face of a projection, the area of which is included in this definition. 099-63 RU-4A Article XIX Amendment 3/5199-1112/00 8:]6 AM draft. Page 21 of 44 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 or building separation and which do not exceed 15% of the unit area. (c) Floor space for accessory buildings uses except as other wise provided in Sec 33-222.4b(i)(ii). (d) Floor space in interior balconies or mezzanines. (e) Balconies that are enclosed on three sides. (f) Covered or enclosed parking above fifteen 15 feet twenty (20) M.S.L., unless the entire structure is contained within the tower. Tower Setback shall be defined as the minimum setbacks prescribed by this Ordinance, specifically when the garage is contained within the footprint of the tower structure. (g) Elevator shafts and stairwells at each floor. Floor area does not include: (h) CO'lered or enclosed parking areas Structures below twenty (20) feet M.S.L. (i) 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 bonuses: Height of Buildings Floor Area Ratio 1 story 0.40 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 22 of 44 2 stories 0.60 3 stories 0.80 4 stories 1.00 5 stories 1.20 6 stories 1.40 7 stories 1.60 8 stories 1.80 9 stories or over 2.00 10 stories 2.20 11 stories or over 2.50 3. On parcels of one-hundred-twenty (120) foot frontage or less on Collins Avenue, no single floor above twenty (20) feet mean sea level shall exceed an F.A.R. of two tenths (0.20) provided that additional parking or bonus amenity area may be permitted to exceed an F.A.R. of two tenths (0.20) at the floor above twenty (20) 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 be graflted Floor area ratio bonuses may be granted in addition to the maximum floor area ratio permitted above in accordance withJhe following requirements provided, however, that the sum total of all bonuses shall not exceed an F.A.R. of one (1.0): (In the case of required public hearing as a result of a requested variance then, and in that event the City Commission may grant Floor Area Ratio Bonuses). Notwithstanding the forgoing the F .A.R. shall not exceed the allowable limits set under the the Comprehensive Master Plan and/or Land Use Plan, if any. 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 23 of 44 (a) Beach and Bav Access Bonus: A floor area ratio bonus shall be gIven for developments abutting the bay or ocean where improved land or easements are dedicated or granted to the City and accepted by the City Commission or Director for public access. For the purposes ofthis section, "improved" means landscaped, lighted and irrigated in a manner consistent with the adjoining development and including a paved accessway and pedestrian amenities. For the purposes of this section, "public access" means unencumbered and unrestricted access to the public: except however, that upon request of the grantor or property 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 or bay and shall be a minimum of ten (10) percent of the frontage of the property but not less than 1 g f-eet 25 feet in width (except that lots with 120 feet of frontage shall provide a minimum of 20 feet of public beach access easement.) Such areas shall continue are to be included in density, yisual passage....l&y, view corridor, open space and setback calculations. The bonus shall be an additional F.A.R. of five one-hundredths (0.05)for the dedication of the minimum beach access described above provided that on properties that are adjacent to the beach access bonus is granted. An additional bonus of two (2) square feet of floor area for each one (I) square foot of area 099-63 RU-4A Article XIX Amendment 3/5199-1/]2/00 8:16 AM draft. Page 24 of 44 devoted dedicated 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. The minimum beach access bonus must be provided to be able to qualify for any other additional floor area ratio bonus specified in this Section 4. (b)(i) Building Amenities Bonus: Net floor area within a residential building, hotel or motel or apartment hotel designed and used for the main lobby, meeting and 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%) thirty (30%) percent of the total floor area bonus shall be excluded from calculation of allowable floor area ratio, to a maximum of 3.8 floor area ratio. (ii) Fer Hotels "vith 300 moms 6r units, or m6rc: For deyelopments that do not require any request f-or any variaflces from the zoning code, 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 Offieial Community Planning and Zoning Departments may be excluded from the calculation of allowable floor area, up to a maximum of twenty percent (20%) thirty (30%) percent of the total floor area of the hotel building to a maximum of 4.0 floor area ratio. (c) Collins Avenue Building Setback 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 099-63 RU-4A Article XIX Amendment 3/5199-1/12/00 8:16 AM draft. Page 25 of 44 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, except for a guardhouse. (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) twenty (20%) 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) (e) Beach Renourishment and Facility Management 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 purpose 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 subject parcel. The granting of this bonus shall not preclude the City from levying any future general special assessments for beach renourishment-'. 099-63 RU-4A Article XIX Amendment 3/5199-1/]2/00 8:16 AM draft. Page 26 of 44 (j) Pedestrian Safety Program Improvement 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 purpose of the Pedestrian Safety Improvement Bonus a "Participation Unit" shall be an amount equal to Twenty Thousand Dollars (20,000.00) multiplied by the total number of acres contained in the subject parcel. The maximum pedestrian safety floor area ratio bonus shall not exceed fifteen one-hundredths ~(0.15). The granting of this bonus shall not_preclude the City from levying any future general special assessments for pedestrian safety. (g) Median Landscaping Bonus: A floor area ratio bonus shall be granted for participation in the beautification of medians in the roadways adjoining the development. The bonus shall be one hundredth (0.01) additional floor area ratio. For each "Participation Unit" contributed to the capital improvement fund designated for median improvement a floor area bonus of one hundredth (.01). For the purpose 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 subject parcel. The maximum median landscaping floor area ratio bonus shall be one tenth (0.1). (h) Beachwalk Botlfflwtllk 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 beachwalk along the entire beach frontage of a site. 099-63 RU-4A Article XIX Amendment 3/5199-1/12/00 8:]6 AM draft. Page 27 of 44 The walkway shall be a minimum of fifteen feet (15) 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. For each one hundred (100) feet of boardwalk beachwalk constructed, the bonus shall be one hundredth (.01) additional floor area ratio. The maximum beach boardwalk density bonus shall not exceed three l:=tuRdredths (0.03). 5. Evidence of Bonuses Performance Prior to the issuance of any certificate of use and occupancy, the developer must present evidence of performance of the obligation required to Qualify for of any bonus grant, te-w# as follows: (a) For bonuses which require monetary payment, the payment shall be presented by cashier's check payable to the City of Sunny Isles Beach. (b) F or bonuses which require an executed instrument including but limited to the a executed granting of an easement or deed a fully executed grant of easement or warranty deed shall be presented in a form acceptable to and with supporting title work as may be required by the City Attorney. 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 waters shall be utilized for the purpose of calculating density. Hotels and motels may contain dwelling units with cooking facilities 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 28 of 44 kitchens and/or suites, with no limit on the number of units, rooms or suites, provided that the development is un-subdivided and is operated as a bona fide hotel or motel offering accommodations to the public. 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 dwelling units per acre. fe} L6c!wut Units Residential dwelling units or apartments shall not be permitted to have "lock-outs". Apartment Hotels, hotels and motels 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 parking calculations. Lock-out units shall not be subdivided and sold separately from the main unit., unless it meets the definition as set forth in subparagraph 33 222.1(1)(a) herein below. (2) Except as otherwise provided in Subsection ffi (a) aBEi fiB. below, the minimum gross floor area of a dwelling unit with no lockout ability shall be five hundred and fifty (550) square feet. (3) The minimum gross square footage for an apartment hotel unit with a lockout ability shall be 750 square feet. Only one full kitchen facility is permitted per apartment hotel unit (including the lockout). (a) The minimum gross floor area for that portion of a unit containing a cooking facility shall be four l:=tuRdred (100) square feet. fl*a) The minimum gross floor area for that portion of a lockout unit net containing a cookil'lg facility shall be 350 square feet. 099-63 RU-4A Article XIX Amendment 3/5199-1/12/00 8:16 AM draft. Page 29 of 44 (4) The minimum gross floor area for hotel or motel units shall be 350 SQ ft, ho\ve'ler in the e'lent any hotel or motel or suite contains cooking facilities, the minimum gross square f-ootage of that stiite sh.all be 400 square f-eet. For purposes of calculating .gress the minimum required floor area of a unit, balconies may be calculated in the gross floor area, not exceeding ~ fifteen (15%) percent of the total floor area of the unit. Cooking facilities in units of less than 750 gross square feet shall be limited to 1 two element cook top (no oven) except iH addition to one (1) microwave and one five-cubic foot refrigerator (mini bar) and sink. (5) Mixed Uses. In computing allowable density for a mixed-use development, (two or more residential or commercial uses) the number of units proposed for each use shall be divided by the number of units per acre permitted by the Code for that use. The sum of the acreage needed for the different uses being proposed shall equal the total acreage of the property.. The total amount of units shall not exceed the amount allowable under the Comprehensive Master Plan or Land Use Plan. Density bonuses are not included in the calculations. (1) The minimum floor area of a dwelling ooit shall be seveR lRmdred and fifty (750) sqMare f-eet. (5) The minimum floor area f-or a hotel or motel unit cOfltmning a kitehen shall be four hundred (400) square feet. (6) The miniml::lffi size for a hotel, motel or lockoMt unit not eontaining a kitehen shall be 375 square feet. 099-63 RU-4A Article XIX Amendment 3/5/99-1/]2/00 8:16 AM draft. Page 30 of 44 (7) The minimum unsubdiyided square footage for an apartment hotel unit shall be 750 square feet. (6) Density Bonuses: The City Commission may approye Density bonuses may be approved in addition to the maximum density permitted in Section 33-221.1 (1) 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 Landscaping Density Bonus: A density bonus shall be granted for participation in the beautification of medians in the roadways adjoining 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 three (3) dwelling units per acre. Median landscaping contributions for a floor area ratio bonus shall not be double-counted to qualify for the density bonus; an additional contribution is required for the density bonus. 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 31 of 44 (d) Beachwalk B()tlr-dwfll!c Density Bonus: A density bonus for residential apartments shall be given for the granting of an easement and construction of a public beaehfront board'Nalk beachwalk 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 boardv:alk beachwalk constructed. The maximum beachwalk board'.valk density bonus shall not exceed the total linear feet of beachfront of the property divided by one hundred (100) feet. three (3) dwelling units per acre. Beachwalk dedication and construction done to qualify for a floor area ratio bonus shall not be double counted to qualify for a density bonus; additional dedication and construction is required for the density bonus. (e) Beach Renourishment and maintenance 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 board'.valk renourishment density bonus shall not exceed three (3) dwelling units per acre. Beach Renourishment and Maintenance Density bonus dedication and construction done to Qualify for a floor area ratio bonus shall not be double counted to Qualify for a density bonus; additional dedication and construction is required for the density bonus. 099-63 RU-4A Artic]e XIX Amendment 3/5/99-1/12/00 8: 16 AM draft. Page 32 of 44 7. Evidence of Bonuses Performance Prior to the issuance of any certificate of use and occupancy, the developer must present evidence of performance of the obligation required to Qualify for of any bonus grant, to wit: as follows: (a) For bonuses which require monetary payment, the payment shall be presented by cashier's check payable to the City of Sunny Isles Beach. (b) For bonuses which require a executed grant of easement or deed a fully executed grant of easement or warranty deed shall be presented in a form acceptable to and with supporting title work as may be required by the City Attorney. 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 percent (5%) cumulatively, of one or more of the units in a hotel or motel by the 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. 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 33 of 44 (b) The subdivision of a hotel or motel may be permitted only for properties located east of Collins Avenue provided however, should the facility convert to apartment hotel and/or apartment (multifamily residential unit) the minimum and average unit size shall be in accordance with 33- 222.1(1)(a) and parking, density and all other zoning requirements for the underlying district shall be met. Any person or entity who intends to subdivides a hotel or motel shall deliver written notice of said intended subdivision to the 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 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 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 presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the 099-63 RU-4A Article XIX Amendment 3/5/99-1112/00 8:16 AM draft. Page 34 of 44 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 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, 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 35 of 44 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 City from taking any and all enforcement actions authorized by the City's building and zoning regulations, independent of this section. Sec. 33-222.2. Parking. Off- street parking shall be provided m accordance with the following mmImum standards: 1. Apartment Developments (a) One and one half(1.50) parking spaces for each efficiency, or one bedroom unit. (b) One and three-Quarters (1.75) parking spaces for each two bedroom unit. (c) Two (2.0) parking spaces for each units with three or more bedrooms. 2. Apartment Hotel a) Units with no lockout ability shall provide a minimum of 0.5 parking space per unit b) Units with lockout ability shall provide a minimum of 1 parking space per unit 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. Page 36 of 44 c) Units greater than 750 sqft and having a lockout ability shall provide a minimum of 1.5 parking spaces per unit d) Units that have no lockout ability, but provides individual bedrooms with in the unit. the minimum parking requirement for those units shall be the same as for apartment development as per section 33.222.20) e) In addition, one parking space shall be provided for each four (4) employees (minimum of 5 spaces required) . 3. Hotel and Motel One (1.0) parking space for each of the first forty (40) individual guest rooms or suited and one (1.0) additional parking space for every two guest rooms or suites thereafter. In addition, one (1.0) parking space shall be provided for each four (4) employees (minimum of 5 spaces required) . 4. Meeting rooms and Banquet halls - HoteL motels and apartment hotels with said amenities shall provide one 0.0) parking space for each two hundred (200) square feet of gross floor area or fraction part thereof devoted to meeting rooms and banquet halls. 5. Restaurant. Lounges, Nightclubs or similar places dispensing food, drinks or refreshments - HoteL motels and apartment hotels with said amenities shall provide one 0.0) parking space per two hundred (200) square feet of gross floor area, or fraction part thereof devoted to restaurant, lounges, nightclubs and similar uses. 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:]6 AM draft. Page 37 of 44 6. Retail Uses - Hotel. motels and apartment hotels with said amenities shall provide one 0.0) parking space per six hundred (600) square feet of gross floor area, or fraction part thereof devoted to retail uses. 7. Tandem Parking - Twenty (20) percent of the required parking spaces shall be permitted to be tandem parking. All developments having tandem parking shall have 24 hour valet service. Where the roof deck of an underground parking garage is not above fifteen (15) f-eet does not extend above elevation twenty (20) feet above M.S.L. mean sea level, it shall not be considered as a structure for zoning purpose in the RU-4 District. The garage will not be calculated as a part of lot coverage requirements, if the parking structure is below elevation fifteen (15) twenty (20) feet M.S.L. Mean Sea Leyel and is not located in the minimum setback area and further provided that no portion of the structure above fifteen @ feet M.S.L. shall be located in a view corridor. The roof of any parking garage shall be fully landscaped or used for recreational purposes. No portion of any structure shall be permitted in the public beach access If a garage is to be used for parking on the top deck, it- a maximum of 5% percent of the required parking spaces will be permitted, the remainder shall be HH:lSt be landscaped according to the provisions of Chapter 18A of the Code of Metropolitan Miami 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. 099-63 RU-4A Article XIX Amendment 3/5/99-]112/00 8:16 AM draft. Page 38 of 44 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 75% of said open space 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. Only the portions of each lot whether on the ground or on a deck being devoted to landscaping shall be counted toward open space requirements. Pool decks, recreational facilities, etc shall not be counted towards open space requirements. Sec. 33-222-3.1. Trees. Landscaping and trees shall be provided in accordance with Chapter 18 A of this Code. 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 099-63 RU-4A Article XIX Amendment 3/5199-1/]2/00 8:]6 AM draft. Page 39 of 44 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. (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 of the 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 099-63 RU-4A Article XIX Amendment 3/5/99-1/12100 8:16 AM draft. Page 40 of 44 (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 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 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:]6 AM draft. Page 41 of 44 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) Strip lighting by neon or other type of electric lighting to outline a building shall not be permitted. (6) Cabanas, provided they are strictly incidental to apartment house, apartment hotel, motel or hotel. Cabanas shall not be used f-or overnight sleeping quarters as a dwelling units nor rented or leased to any person other than a guest of the apartment house, apartment hotel, motel or hotel. Cabanas shall not be sold to other than an owner or owners of a unit within the same development. Sec. 33-222.5. Other spacing. No hospital, convalescent home, 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. 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) 099-63 RU-4A Article XIX Amendment 3/5/99-1/]2/00 8:]6 AM draft. Page 42 of 44 ~ Section 2. Section 3. Section 4. Section 5. , ;.ATTEST: . .t " \ I Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. 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 conform to any uniformed numbering system. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this 18th day November, 1999. PASSED AND ADOPTED on second readin . s 20th day of December, 1999. . ,.' ~~.. . "Richard Brbwn-Monlla, CIty Clerk . , APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~A.Q,~. --~..... Lynn M. Dannheisser City Attorney Moved by: Commissioner Kauffman Seconded by: Commissioner Turetsky 099-63 RU-4A Article XIX Amendment 3/5199-]1\2/00 8:42 AM draft. Page 43 of 44 ~ Vote: 5-0 in favor Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky xx (Yes) xx (Yes) xx (Yes) xx (Yes) xx (Yes) _(No) _(No) _(No) _(No) _(No) 099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:45 AM draft. Page 44 of 44