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
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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.
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(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
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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:
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(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.
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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
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(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
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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:
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(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.
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(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
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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.
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(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
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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
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(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
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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
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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
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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
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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
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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
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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.
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(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.
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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
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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.
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(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
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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
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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-'.
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(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.
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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
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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.
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(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.
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(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.
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(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.
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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.
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(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
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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,
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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
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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.
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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.
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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
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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