HomeMy WebLinkAboutOrdinance 2001-121
.fIr'
ORDINANCE NO. 2001-121
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING ORDINANCES 99-63, 99-84 AND 2000-
108 AMENDING ARTICLE XIX, RU-4A, HOTEL APARTMENT HOUSE
DISTRICT, SECTIONS 33-217 THROUGH SECTION 33-223, OF THE CODE OF
MIAMI-DADE COUNTY, TO RENAME SAID SECTION TO "MIXED USE -
RESORT DISTRICT (MU-R)" AS DESIGNATED ON THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE PLAN; TO PROVIDE FOR USES
PERMITTED, INCLUDING DEFINITIONS; SITE PLAN REVIEW
GENERALLY; SITE PLAN REVIEW - CRITERIA; MINIMUM LOT WIDTH
AND AREA; LOT COVERAGE; SETBACK REQUIREMENTS; MAXIMUM
BUILDING WIDTH; MAXIMUM BUILDING HEIGHT; REQUIRED BEACH
ACCESS EASEMENT; FLOOR AREA RATIO; MAXIMUM DWELLING UNIT
DENSITY; MINIMUM UNIT SIZE; SUBDIVISION OF HOTELS AND MOTELS;
REQUIRED OFF STREET PARKING; OFF STREET PARKING AND LOADING
STANDARDS; OPEN SPACE; TREES; ACCESSORY USE DESIGN STANDARDS;
PROVIDING FOR REPEALER, SEVERABILITY AND INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since the adoption and passage of the City's first Comprehensive Plan by
Ordinance 2000-105, the City has set forth its vision for its oceanfront properties including
hotels, apartment hotels and condominium residences; and
WHEREAS, that vision is now more accurately reflected in the terms of this ordinance
amending that district known as the RU-4A District on the east side of Collins Avenue and now
known as the "Mixed Use - Resort District" to repeal and replace former ordinances 99-63, 99-
84 and 2000-108, relating to the east side of Collins Avenue to correspond to the Future Land
Use Map ofthe City adopted Comprehensive Plan;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1.
MU-R, Mixed Use - Resort District:
ARTICLE I. MU-R. MIXED USE - RESORT DISTRICT
Sec. 33-217. Uses permitted.
No land, body of water or structure on the east side of Collins Avenue whether presently zoned
as RU-4A. BU-l, BUI-A. BU-2 or any other zoning classification 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 MU-R District which is designed,
Page 1 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9;55 AM
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-4A District on the east side of Collins Avenue 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.
(2) Multiple family housing developments, hotels and apartment hotel, provided they are
approved under the provisions of site plan review hereinafter provided. Where an applicant
fails to secure the approval of the Community Planning and Zoning Departments and
Planning Advisor. if any. 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 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, in lieu of unity of
title, on forms prescribed by the City, and running with the land.
The following definitions shall supercede any and all other definitions of the same terms found
in this code as to projects within this District:
(a) Aoartment hotel. A building containing apartments which may have one or more
bedroom~ (lockout rooms) that may be accessed and occupied independent (separate keyed
entry) of the primary apartment space and each apartment including any lockout rooms
appurtenant thereto is held under a separate pri';ate ownership and all floor space, facilities
and outdoor areas used in common by all tenants are owned, administered and maintained
by a person. corporation. partnership. limited liability company. or similar entity authorized
Page 2 of 36
0200t- 2nd Rdg MU-R District
5/30/01 - 9:54 AM
to transact business in the State of Florida created pursuant to Florida Statutes. No more
than five percent (5%) of the apartment units may be occupied for more than six (6) months
by the same owner, lessee or Sublessee. The remaining apartments may be occupied by the
owner for extended-stay periods of up to six ~months duration during any twelve-ill}
month period. The apartment and any appurtenant lockout bedroom( s) may be rented
collectively or separately on a transient basis for periods of one (1) to one hundred eighty
(180) days supported by a single management entity except as provided herein providing
central reservation service, maid, linen and other room services customarily provided by
hotel management and operations. A management company shall manage the building at
all times and shall submit to the City's Zoning and Planning Departments an annual report
delineating lease and rental activities for each unit within the building by June 30th of each
year. Failure to file this report shall result in a fine of $500 and an audit by the City or
County.
(b) Hotel.
ill Definition: 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.
ill Ownership: Hotels are un-subdivided as to ownership and shall be
evidenced by the submission of a Declaration of Restrictions as to the ownership
prior to the issuance ofa Certificate of Use and Certificate of Occupancy. A hotel
shall be managed by a single entity and open to the public on a transient basis
with no unit therein occupied by the same tenant or group of tenants in excess of
Page 3 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:54 AM
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.
A management company for the hotel shall submit to the City's Zoning afl:tl
PlanniRg Departments an annual report delineating lease and rental activities for
each unit within the building by June 30th of each year. Failure to file this report
shall result in a fine of $500 and an audit by the City.
ill Hotel Unit. A room or suite of rooms provided as a temporary sleeping
accommodation for transient individuals lodged therein. which has ingress or
egress solely through an interior lobby with supervision at all times. as stated
above. are unsl:lbwyided as to be ovmership owned or managed by a the same
single entity that owns/manages the hotel building. as defined in Section 33-
217(b )(2). hereinabove.
ill Cooking Facilities: Cooking and food preparation facilities may be
provided within a hotel unit only in accordance with the following provisions:
(i) A hotel unit of less than +W 450 SQuare feet in area of air
conditioned slJace shall be limited to one (1) miero...:ave OyeR and
one (1) mini-refrigerator of less than (5) cubic feet and no cooking
facilities.
(ii) A hotel unit of greater than +W 450 but less than ~ ~ 750
square feet in area of air conditioned space shall be limited to eae
Page 4 of 36
02001- 2ndRdg MU-RDistrict
5/30/01 - 12:17 PM
(1) microwave oyen a two (2) burners cooking facility and one (1)
mini-refrigerator of less than five (5) cubic feet plus one (1)
portable cooking burner.
(iii) Hotel units greater than ~ ~ 750 square feet in area of air
conditioned space may have full kitchen cooking facilities
including a range or stove with oven.
(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.
(d) Time Share Unit. An individual dwelling unit in a multiple unit development; saiti
which unit may be held under interval ownerships by multiple individuals, each with rights
to use or assign the dwelling unit at specified time periods during a calendar year", and aU
All floor space, facilities and outdoor areas used in common by all tenants are owned,
administered and maintained by a corporation created pursuant to Florida Statutes.
(3) CaakiB2 Faeilities. '.vith respect to the abo~/e ref-erenced defi.flitio8.s, less than
full cooki8.g faClilities shall be defi8.ed as less than two (2) tU:lmers, and 8.0 OyeR,
and may be pro~/ided in hotel, motel rooms proyided flovt'ever, that with respeet
to lock oats i8. apartmeflt hotels, and all units iR. motels and hotels, or timeshares
ofless than 750 gross square f-eet shall be limited, solely, to one (1) miClfeWaVe,
ORe (1) fi~;e cubic foot refrigerator, mini bar, and siRk.
(e) Eleemosynary charitable, religious, and philanthropic institutions, only upon approval
after public hearing.
Page 5 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(f) Private clubs, lodges, fraternities and sororities, only upon approval by the City
Commission after public hearing.
(g) Commercial services including spas and health clubs, beauty salons, retail,
restaurants, nightclubs, and bars subject to Site Plan Review as provided in Section 33-
217.1.
(h) Conferencing facilities and meeting rooms.
(i) Accessory Uses
(j) Parking lots and garages
(k) Uses that similar to those enumerated above; provided the Community Planning and
Development Director finds that such new use is not more objectionable than the
enumerated uses in the district, is similar thereto and will be compatible therewith.
Sec. 33-217.1. Site Plan Review-Generally.
The COmHlooity Platming afld 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 with or without conditions 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 the Applicant shows
sufficient cause to have the extension granted, within the sole discretion of the COffim1:lflity
Page 6 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
Planning & Zoning Directors and Planning Advisor. if any. If the extension is denied, the
applicant may appeal the denial to the City Commission.
Procedure. Exhibits shall be prepared by State of Florida registered design or engineering
professionals, shall be submitted to the Department and shall include, but not be limited to the
following:
(1) Site plan including the following information:
(a) Lot lines and setbacks.
(b) Location, shape, size and height of existing and proposed buildings, decorative
walls and entrance features.
(c) Landscaping in accordance with Chapter 18A of this Code.
(d) Location of off-street parking and loading facilities and waste collection areas,
including photometric data 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, including total gross square foot area of each floor, and full elevations of
all structures. 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 in square feet required and provided.
(c) Amount of building coverage at ground level in square feet.
(d) Total trees required and provided in accordance with Chapter 18A ofthis Code.
Page 7 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(e) Parking (regular and tandem, if any) required and provided.
(f) Total amount of paved area in square feet.
(g) Average grade level of the Collins Avenue public sidewalk for the width of the
site. The term "grade" as used hereinafter for the MU-R District shall mean this
average grade level of the sidewalk fronting for each particular site.
(h) Such other design data as may be needed by the Department to evaluate the
proj ect.
See 33-217.2. Site Plan Review - 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: The native landscape materials shall be preserved in its natural state
insofar as is practicable by minimizing tree removal. Landscaping shall be used to
shade and cool, direct wind movements, enhance architectural features, relate structure
design to site, visually screen incompatible uses and buffer particulate emissions
generated by major roadway traffic.
(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.
Page 8 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(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 and new development or redevelopment are
achieved. New and/or redeveloped projects which are in conformity with this code
shall not be deemed to be incompatible with adjacent non-conforming development
within the MU-R 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. The
number and width of driveways and curb cuts along Collins Avenue shall be
minimized.
(7) Energy considerations: Site design methods to reduce energy consumption shall be
encouraged. Energy site conservation methods may include sitting 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. The building walls of a parking garage located within the Collins
Avenue front setback area per Section 33-220, shall be completely screened by berms
and landscaping. This requirement may be in addition to the requirements of the
landscape regulations of the City. Building walls of parking structures shall be
designed so as to express the scale and rhythm of fa<;ade openings, fenestrations and
Page 9 of36
02001- 2ndRdg MU-RDistrict
5/30/01 - 9:51 AM
architectural lines of primary use structures adjacent or above the garage space to
maintain a consistent and harmonious fayade design. 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 and parking ramps may not
be located on facades facing Collins Avenue or abutting properties.
(9) Open spaces: Useable open space and recreation space shall be oriented to optimize
views to the ocean, minimize shade impacts of primary use structures, capture
prevailing breezes and minimize conflicts with pedestrian circulation pathways to the
fullest extent possible.
(10) Graphics: Graphics, as required, shall be designed as an integral part of the overall
design ofthe project.
(11) Art display: Permanent interior and exterior art displays of a non-commercial nature
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
Page 10 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
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 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 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 of
planting, or
Page 11 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(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 palms
shall have eight (8) feet of clear trunk and shall be planted within buffer zones at
not less than one (1) tree or two (2) palms 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 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) Building Lighting: Accent lighting of buildings to highlight distinctive architectural
features and rooftop elements, emphasize vertical lines and changes of fa~ade planes
are encouraged. Lighting should be indirect with no exposed light sources and no glare
impacts on surrounding properties. Colored lighting is to be used judiciously with
white lighting of colored surfaces the preferred approach. Neon strip lighting to outline
building edges shall have no visible exposed direct light sources such as when placed
behind a reveal to wash an adjacent recessed building surface.
(18) Utilities to be placed Underground: New developments or redevelopment along
Collins Avenue shall be required to place electrical, telephone, cable television and
Page 12 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
other utilities, located on or in front of the site, underground. At the sole option of the
City the developer may be required to place the utilities underground concurrent with
the development or redevelopment, or to participate in an overall improvement program
to place such utilities underground by payment of a pro-rata share of the cost of the
improvement program. Such pro-rata fair share contributions shall be deposited in a
capital improvement fund maintained by the City and shall be expended only for the
under-grounding of public utilities along Collins Avenue.
Sec. 33-218. Minimum lot width and area.
For lots platted or re-platted after the effective date of this ordinance, the minimum lot width, as
measured along the front property line, shall be two hundred (200) feet and the minimum lot area
shall be twenty thousand (20,000) 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, and for legal, non-conforming, lots less than one hundred fifty (150) feet in
width, the maximum lot coverage shall be thirty (30) percent of the total lot area; except any flat-
roofed structures with a roof elevation not higher than twenty feet (20') above grade shall not be
counted as 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 seventy- five (75) feet, provided
that a porte-cochere and/or guardhouse shall be permitted to be setback not less than
fifty (50) feet. Parking structures may encroach on the front setback area not closer
Page 13 of36
02001- 2ndRdg MU-RDistrict
5/30/01 - 9:51 AM
than ten feet to the Collins Avenue right-of-way provided that no portion of the garage
structure shall extend above a slope beginning at the elevation of the public sidewalk
and rising east from the ten-foot setback line one (1) foot vertically for each four (4)
feet horizontally.
ROW.
Maximum height
-.-'
-.. -.-' ~
._.-' ~l'
- . ~....................................~ 4'
: Garage structure below :
: max. heiaht slooe. :
. .
. .
..........................................
Collins Avenue
I
I
j-.-'
I
10' setback
Front Setbacks - Illustrative Diagram
Berms and landscaping shall be provided such that no substantial portion of a garage
structure located within a front setback shall be visible from the public right of way
with the exception that privacy walls and retaining walls for driveways may be visible.
(2) Rear setback:
(a) For buildings less than fifty (50) feet in height the rear setback shall be twenty
(20) feet from the rear property line or the bulkhead line (erosion control line),
whichever is closer to Collins Avenue.
(b) For buildings greater than fifty (50) feet in height the rear setback shall be fifty
(50) feet from the bulkhead line or the rear property line, whichever is closer to
Collins Avenue.
(3) Interior side setbacks / View Corridors:
(a) For lots over one hundred fifty (150) feet in width:
(i) Primary Structures - The minimum side setbacks for primary use structures
exceeding two stories or twenty (20) feet in height above grade shall be fifty
(50) feet. If side setbacks of different width are provided, the larger setback
Page 14 of36
02001- 2nd Rdg MU.R District
5/30/01- 9:5t AM
shall be provided on the side adjacent to the public beach access walkway or
at the discretion of the Zoning Administrator Director to provide for the
greatest separation from buildings on adjacent sites.
(ii) Pedestal Structures, Parking Garages and Accessory Use Structures. There
shall be no required setback for structures below six (6) feet above grade.
To preserve ocean view corridors for sites west of Collins Avenue, for
structures higher than six (6) feet above grade, there shall be a three (3) foot
setback for each two (2) feet of building height up to a maximum setback of
fifty (50) feet.
Maximum Setback - 50'
~ >.-.,
Maximum hei!=jht -... . _ . .-I!!""'~
.-
Property . -
t l. _..f':':':............................
Ine . .
! _ . - . 1 2nd level 1 2'
-' . .
-.-.- -"-'-' ............................. ; 3'
L.... ~.~~~~:: .~t;.~:!~;.~. .~~.:. ~~~~ !:~:~ .~:~~~. ~~?~~
I
Side Setbacks - Illustrative Diagram
Grade level
(b) For lots under one hundred fifty (150) feet in width-
(i) Primary Structures - The minimum side setbacks for primary use structures
shall be twenty (20) feet. If side setbacks of different width are provided,
the larger setback shall be provided on the side adjacent to the public beach
access walkway or at the discretion of the Zoning .^..dministrator Director to
provide for the greatest separation from buildings on adjacent sites.
(ii) Pedestal Structures, Parking Garages and Accessory Use Structures - There
shall be no required setback for structures below six (6) feet above grade
Page 15 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(grade being the average height above MSL of the Collins Avenue sidewalk
at the property line). To preserve ocean view corridors for sites west of
Collins Avenue, for structures higher than six (6) feet above grade, there
shall be a three (3) foot setback for each two (2) feet of building height up to
a maximum setback of twenty (20) feet.
(4) Minimum separation between buildings: To preserve ocean views for properties
west of Collins Avenue, primary use buildings exceeding two stories or twenty (20)
feet in height above grade on the same site shall be separated by a minimum of one
hundred (100) feet as measured parallel to Collins Avenue. 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 unless the wall is of the primary structure is
cantilevered. 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. The minimum separation may be reduced by the City
Manager not more than twenty-five (25) percent upon a written finding by the G#y
Manager Comnnmitv PlamHIlg aRd De'leloPffieflt Zoning Director that opposing
building walls of the adiacent buildings are offset. angled or have minimal window
openings such that residential views from within the towers are not adversely impacted
by proximate and direct facing relationships of the buildings.
Page 16 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
Sec. 33-220.1. Maximum building width.
In order to preserve views of the ocean for properties west of Collins Avenue:
(a) For lots over one hundred fifty (150) feet in width, the maximum building width,
as measured parallel to Collins Avenue, of any single primary use building or
portion thereof exceeding two stories or twenty (20) feet in height above grade
shall be two hundred fifty (250) feet.
(b) For lots under one hundred fifty (150) feet in width, existing as of the date of the
passage of this ordinance, the maximum building width, as measured parallel to
Collins Avenue, of any single building or structure or portion thereof exceeding
two stories or twenty (20) feet in height above grade shall be sixty (60) percent of
the lot width provided, in no event shall the balconies encroach into the setback of
the side yard.
Sec. 33-221. Maximum Building Height.
Maximum building height shall be controlled by Sections 33-220. Setbacks, Section 33-220.1-
View Corridors, and Section 33-223- Floor Area Ratio.
Sec. 33-222. Required Beach Access Easement.
There shall be required for all properties, except as provided herein below, a non-exclusive
publicly accessible beach access easement linking Collins Avenue to the oceanfront beach. Such
easement shall be not less than fifteen (15) feet wide and located within a required side setback
area and on the side of the property closest to a signalized public crosswalk on Collins Avenue
and, where practicable, on the side adjacent to an existing beach access easement provided by an
abutting property and such easement shall be over, across, under and through said property.
Abutting beach access easements shall be designed and improved to function as an integrated
Page 17 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
design with a single pedestrian walkway of an expanded width to fully utilize the greater
effective easement width afforded by the abutting easements. However, the City Manager may
waive the beach access easement requirement where it is determined by the Zoning and Planning
and Community Development Directors and Planning Advisor. if any. in a written finding that in
the interests of protecting the public safety and welfare, provision of a beach access way at a
mid-block location constitutes a potential safety hazard as an inducement to illegal pedestrian
crossings of Collins Avenue. In the event such a written finding is made and a waiver granted by
the City Manager, notice of such finding and waiver shall be posted on the property adjacent to
Collins Avenue in a publicly viewable location for a period of not less than fourteen business
days. Such waiver may be appealed to the City Commission by any neighborhood, homeowner
or condominium associationJegistered with the City of Sunny Isles Beach within the fourteen
(14) business day period of the posted notice. The appeal shall be placed on the agenda at the
next regularly scheduled Commission Meeting and there shall be no notice of hearing required
beyond the notice required for any regular non-zoning matter to be handled by Resolution by the
City Commission.
Sec. 33-223. Floor area ratio.
(1) Defined:
(a) "Floor Area Ratio" (F.A.R.) shall be defined 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.)
(b) "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
Page 18 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:52 AM
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.
(2) Floor Area Calculation:
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 exceeding 15% of the dwelling unit floor area or any part
of which encroaches on a setback or building separation.
(c) Floor space for accessory uses except as otherwise provided III Sec 33-
222.4b(i)(ii).
(d) Floor space in interior balconies or mezzanines.
(e) Only that portion of covered or enclosed parking structures which exceeds twenty
(20) feet above grade, unless the entire structure is contained within the primary
use structure tower and conforms to the design guidelines set forth in Section 33-
217.2.
Floor area does not include:
(f) Portions of structures which do not exceed twenty (20) feet and two (2) stories
above grade.
(g) Floor or roof space used for mechanical equipment, elevator shafts, electrical and
utility rooms and stairwells required for building code fire / life / safety purposes.
Page 19 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(h) Floor space of exterior, unenclosed balconies less than fifteen (15) percent of the
dwelling unit floor area and that does not encroach on required minimum building
setbacks and building separations.
(i) Interior storage areas - one (1) per residential unit - solely for the use of residents,
not exceeding ten (10) percent of the average dwelling unit interior floor area and
is not appurtenant or attached to the living space of the dwelling unit.
(3) Maximum Floor Area Ratio: Except as modified in section (4) below, the maximum
floor area ratio shall not exceed two and fifty hundredths (2.50) times the total parcel
area.
(4) Floor Area Ratio Bonuses: The maximum floor area ratio permitted may be increased
only in accordance with the following provisions and limitations and in conformance
with the allowable limits set under the adopted Sunny Isles Beach Comprehensive
Master Plan, and no variance may be granted for an increase in Floor Area Ratio:
(a) Beach Access Bonus: Part (i), Access Easement of the Beach access bonus, set
forth hereinbelow, as specifically defined in Section 33-222 hereinabove, must be
attained to qualify for any additional floor area ratio bonuses as provided in this
Section.
(i) Access Easement - The floor area ratio shall be increased for developments
where an easement extending from the Collins Avenue right-of-way to the
oceanfront public beach and not less than twenty (20) feet in average width
is dedicated or granted and accepted by the City Commission or Director for
public access. For the purposes of this section, "improved" means
landscaped, lighted and irrigated in a manner consistent with the adjoining
Page 20 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
development and including a paved access way which may include pavers
and pedestrian amenities in accordance with adopted municipal design
standards for public beach access walkways. For the purposes of this
section, "public access" means non-exclusive 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. The beach access easement may be
located over parking structures provided that the highest elevation of the
underlying structure supporting the beach access way may not exceed six (6)
feet above grade. The F .AR. may be increased by a maximum of ten one-
hundredths (0.10) for the dedication, improvement and maintenance of the
minimum beach access described above. As provided in Section 33-222
above, where it is determined by the City Manager, that in the interests of
protecting the public safety and welfare, provision of a beach access way at
a mid-block location constitutes a potential safety hazard as an inducement
to illegal pedestrian crossings of Collins Avenue, in lieu of the dedication
and improvement of a beach access way, the bonus increase in F.AR. of .10
may be achieved in accordance with the following subsection (ii).
Page 21 of36
(ii) Beach Access Trust Fund Contribution - Unless waived by the City
Manager per (i) hereinabove, and provided that the beach access easement
has been proffered as set forth in Subsection (i) above, an additional
increase in F.AR. of five hundredths (0.05) shall be granted for each
"participation unit" contributed to a Beach Access Trust Fund established
and administered by the City of Sunny Isles Beach up to a maximum
additional twenty hundredths (0.20) F.A.R. bonus. A system of pedestrian
walkways and shuttle bus facilities to provide enhanced neighborhood
resident and visitor access to public oceanfront open space is a public policy
objective of the adopted City of Sunny Isles Beach Comprehensive Plan. A
"participation unit", for the purpose of Beach Access Enhancement bonus
shall be equal to fourteen thousand dollars ($14,000) multiplied by the total
number of acres contained in the subject parcel. If the City Manager waives
the provision of an access easement for safety reasons as provided in
subsection (i) above, the total Beach Access bonus achieved through trust
fund contributions shall not exceed thirty hundredths (0.30).
(b) Public Beach Recreational Enhancement Bonus: The floor area ratio shall be
increased for developments that participate in the City's Beach Recreational
Enhancements Trust Fund as established and administered by the City of Sunny
Isles Beach for the purposes of implementing oceanfront capital improvements set
forth in the Sunny Isles Public Beach and Shoreline Enhancement Master Plan. A
bonus of five-hundredths (0.05) increase in the F.AR. shall be granted for each
"participation unit" contributed to the capital improvement fund designated for
Page 22 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
beach enhancements up to a maximum additional fifty hundredths (0.50) F.A.R.
bonus. A "participation unit" for the purpose of the Beach Recreational
Enhancement Bonus shall be equal to fourteen thousand dollars ($14,000)
multiplied by the total number of acres contained in the subject parcel.
(c) Collins Avenue Public Streetscape Enhancements Bonus: The floor area ratio
shall be increased for developments that participate in the City's Collins Avenue
Streetscape Enhancements Trust Fund as established and administered by the City
of Sunny Isles Beach for the purposes of implementing capital improvements set
forth in the Sunny Isles Streetscape Master Plan.
Public Streetscape
improvements and pedestrian system design and safety enhancements for Collins
Avenue are policy objectives of the adopted City of Sunny Isles Beach
Comprehensive Plan. A bonus of five-hundredths (0.05) increase in the F.A.R.
shall be granted for each "participation unit" contributed to the capital
improvement fund designated for beach enhancements up to a maximum
additional thirty hundredths (0.30) F.A.R. bonus. A "participation unit" for the
purpose of the Collins Avenue Streetscape Enhancement Bonus shall be equal to
fourteen thousand dollars ($14,000) multiplied by the total number of acres
contained in the subject parcel.
(d) Sunny Isles Public Parking Bonus: The floor area ratio shall be increased for
developments that participate in the City's Beach Public Parking Trust Fund as
established and administered by the City of Sunny Isles Beach for the purposes of
implementing capital improvements for public parking set forth in the Sunny Isles
Town Center Development Master Plan. Public parking resources, in particular,
Page 23 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
west of Collins Avenue, as a component of infrastructure improvements to
facilitate public access to the oceanfront, is a policy objective of the adopted City
of Sunny Isles Beach Comprehensive Plan. A bonus of five-hundredths (0.05)
increase in the F .AR. shall be granted for each "participation unit" contributed to
the capital improvement fund designated for beach enhancements up to a
maximum additional twenty hundredths (.20) F.AR. bonus. A "participation
unit" for the purpose of the Public Parking Trust Fund Bonus shall be equal to
fourteen thousand dollars ($14,000) multiplied by the total number of acres
contained in the subject parcel.
( e) Public Oceanfront Park and Open Space Enhancements Bonus- The floor area
ratio shall be increased by twenty hundredths (0.20) additional floor area ratio for
developments that provide within the development site receiving the F.AR. bonus
publicly accessible open space, park and recreational facilities adjacent to and
directly accessible from the public beach during daylight hours and constructed
and maintained by the developer. The open space shall be designed, subject to
approval by the Zoning Director ef-and Planning Advisor. if any. ----ami
COlI1ffil:lflity Development, and improved to promote passive recreation (no active
sports, cooking, music or similar activities that may create noise or odor impacts
external to the site) and children's play areas within generously landscaped park-
like space not less than ten thousand (10,000) square feet in area with a minimum
dimension in depth measured perpendicular to Collins Avenue of seventy five
(75) feet. The park area provided may be utilized exclusively by the development
and on-site residents and visitors after daylight hours.
Page 24 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
Sec. 33-224 Maximum Dwelling Unit Density
The maximum dwelling unit density shall be as set forth below and no variance may be granted
for an increase in dwelling unity density:
(1) Apartments: Except as modified in Section (5) below, the maximum number of
residential dwelling units shall not exceed a density of fifty (50) dwelling units per
acre. No portion of a parcel below the Mean High Water elevation shall be utilized
for the purpose of calculating density. Residential dwelling units shall not be
permitted a room or rooms, termed "lockouts", that have a separate common area
keyed entry that can be segregated as to access (locked out) from the primary living
unit for purposes of rental occupancy by other than the primary tenants.
(2) Apartment-hotels: Except as modified in Section (5) below, apartment-hotels as
defined in Section 33-217-2(a) and which are intended to be subdivided as to
ownership, shall not exceed a maximum density of 100 dwelling units per acre.
Apartment-hotels shall be permitted to have "lock-out" rooms that may be rented
separately from the remainder of the unit provided that each lockout shall be counted
as a separate unit for parking calculations as provided in Section 33-222.2 Parking.
Lockout rooms shall not count as separate units for density calculations. Lockout
units shall not be subdivided and sold separately from the main unit provided,
however, that should any apartment hotel with a lockout unit be converted to a
condominium building or strict residential dwelling apartment house, then, each such
lockout shall become part and parcel of the original apartment hotel unit and no
lockout room shall be deemed to exist independently upon such conversion. This
Page 25 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
provision shall apply from the effective date of this Ordinance regardless of the date
of the original approval or issuance of a building permit.
(3) Hotels: Hotel rooms are not deemed to be residential dwelling units and therefore are
not regulated as to density limitations on number of rooms per acre. Hotel rooms or
hotel suites may contain less than full. as defined herein. cooking facilities, provided
that the hotel development is un-subdivided as to ownership and is operated as a bona
fide hotel offering accommodations to the transient public.
(4) Mixed Uses:
In computing the allowable density for a mixed-use development
combining apartment and apartment-hotel 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. Density bonuses are not
included in the calculations.
(5) Density Bonuses: The maximum dwelling unit density may be increased only in
accordance with the following provisions and limitations: For each floor area ratio
increase of two hundredths (0.02) achieved through the bonus provisions of Section
33-223. (4) Floor Area Ratio Bonuses, an increase of one (1) residential dwelling unit
per acre shall be granted to a maximum of eighty (80) units per acre. For each floor
area ratio increase of three hundredths (0.03) achieved through the bonus provisions
of Section 33-223. (4) Floor Area Ratio Bonuses, an increase of one (1)
apartment/hotel unit per acre shall be granted to a maximum of one hundred twenty
five (125) units per acre.
Page 26 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
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 ef any bonus grant, 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 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. 33-225 Minimum Unit Size
(1) The minimum gross floor area of a residential dwelling unit shall be five hundred
and fifty (550) square feet.
(2) The minimum gross square footage for an apartment-hotel unit with a lockout
room(s) shall be seven hundred and fifty (750) square feet. Only one full kitchen
facility is permitted per apartment hotel unit, including the lockout, if any.
(3) The minimum gross floor area for a lockout unit (room) shall be 350 square feet.
(4) The minimum gross floor area for hotel unit shall be 350 square feet.
For purposes of calculating the minimum required floor area of a unit, balconies may be
calculated in the gross unit floor area, not to exceed 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 one (1)
microwave and one five-cubic foot refrigerator (mini bar) and sink.
Sec. 33-226. Subdivision of hotels and motels.
(1) Definitions.
Page 27 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(a) 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%) or more ofthe 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.
(b) 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.
(2) The subdivision of a hotel or motel may be permitted for only those properties
constructed prior to 1984, and, provided however, should the property be converted
to an apartment hotel and/or apartment (multifamily residential unit) the minimum
and average unit size shall be in accordance with Section 33-225 and parking,
density and all other zoning requirements for the underlying district shall be met.
Any person or entity who intends to subdivide 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.
(a) If there shall be a subdivision of any hotel or, 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
Page 28 of36
02001- 2ndRdg MU-RDistrict
5/30/01 - 9:51 AM
compliance shall be established by submission of documentation pursuant to
regulations to be promulgated by the City Commission.
(b) 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 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.
(c) The presumption established by this subsection shall not go into effect for a
hotel or motel if: I) 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. Section 33-226 will not apply to any development order issued
by the City Commission after the enactment of this Ordinance.
Page 29 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(d) 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, 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.
(e) Section 33-226 shall not apply to applications for development, public
hearings or properties that have not received Certificates of Occupancy after
the enactment of this Ordinance.
Sec. 33-227 Required Off Street Parking.
Off street parking shall be provided in accordance with the following minimum 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 unit with three or more bedrooms.
(2) Apartment Hotel:
Page 30 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(a) Dwelling units with no lockout rooms shall provide one (1) parking space
for efficiency or one (1) bedroom units and for two (2) or more bedrooms
the minimum parking requirement shall be as for apartment developments
in Section (1 )(b) & (c) above.
b) Dwelling units with lockout rooms shall provide a minimum of one (1)
parking space per keyed entry, including the primary dwelling unit.
(3) Hotel: One (1.0) parking space for each keyed bedroom or suite entry.
(4) Restaurant, Lounge, Nightclub or similar establishment dispensing food, drinks or
refreshments: (1.0) parking space per one hundred (100) square feet of gross
floor area, or fraction part thereof devoted to enclosed patron space.
Sec. 33-228. Off Street Parking and Loading Standards
(l) Tandem Parking: One hundred (100) percent of the required on-site parking
spaces, other than handicapped parking, may be permitted as tandem parking.
Tandem parking spaces shall meet the dimensional requirements of the code for
standard parking spaces, except that any vehicle shall be able to exit a parking space
without moving more than one other parked vehicle. All developments having any
tandem parking spaces shall have 24-hour valet parking service.
(2) Off-Site Trust Fund Parking: Up to ten (10) percent of the on-site parking space
as required by Section 33-227 may be provided off-site within a public parking
garage through a developer contribution to the City of Sunny Isles Beach Parking
Trust Fund often thousand ($10,000) dollars per parking space.
(3) Rooftop Open Space: The roof of any parking garage shall be landscaped or
improved for active or passive recreational and open space use in accordance with
Page 31 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
design standards of Section 33-217.2 Design Review Criteria. A maximum of 5%
percent of the total required on-site parking spaces will be permitted to be located
on open rooftops provided such parking shall be screened from upper level views
through the use of canopies or landscaped trellis structures.
(4) Loading:
(a) Size: A loading space shall have a minimum dimension of eleven (11)
feet in width and thirty-five (35) feet in length.
(b) Location: Loading spaces shall not be located within the front setback
area except within fifteen (15) feet of a side property line and all off-
loading activity shall occur east of the front setback area. Loading
facilities must be designed so that vehicles access and exit the site at
Collins Avenue in a forward motion. Not more than one (1) Loading
space may utilize a public beach access easement provided that such
easement is not within 100 feet of a signalized crosswalk on Collins
Avenue and further provided that paving materials of the space and access
lane meet the City's beach access walkway design standards and criteria.
At such times as a beach access easement is utilized for loading activity,
signage alerting the public of a temporary closure of the walkway shall be
posted at the Collins Avenue and beach access ends of the easement.
(c) Number of Required Spaces:
(i) For buildings where all floor area is in residential use or uses
accessory to residential use: One (1) loading space is required.
Page 32 of36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
(ii) For buildings where any of the floor area IS III uses other than
residential use: One (1) loading space is required for the first
100,000 square feet of floor area. One (1) additional loading space
is required for buildings with greater than 100,000 square feet of
floor area.
Sec. 33-229. Open Space.
Landscaped open space not less than forty (40) percent of the total lot area shall be provided.
Required open space may be located at grade or on flat structure rooftops provided that such
roof structure elevations not exceed twenty (20) feet above grade. Pools and pool decks,
unenclosed recreational facilities and play areas, and landscaped plazas may be counted towards
the open space requirement provided that not more than fifty (50) percent of the required open
space shall be in hard surfaced areas and all such paved areas be landscaped with shade trees
and palms consistent with the recreational use of the space. Publicly accessible open space
provided in accordance with Section 33-223 (4)(e), Public Oceanfront Park and Open Space
Enhancements, may be counted towards meeting the open space requirement.
Sec. 33-230. Trees.
Landscaping and trees shall be provided in accordance with Chapter 18 A of this Code.
Sec. 33-231. Accessory Use Design Standards.
(1) Business or commercial establishments of the BU-l type shall be permitted in
apartments, hotels, motels, apartment hotels and apartment, provided they are
located within the principal use building, which contains at least on hundred (100)
units, and provided the exterior of any such principal use building shall not have
store fronts or give the appearance of commercial or mercantile activity as viewed
Page 33 of 36
02001- 2ndRdg MU-RDistrict
5/30/01 - 9:51 AM
from Collins Avenue. In the event the use contains windows which may be seen
from the street or highway, said windows shall be of fixed, opaque glass. Such
business or commercial establishments and bars in this district shall be entered
only through the lobby and no additional entrances shall be permitted, except
when the same opens into a courtyard or patio (away from the street side) which is
enclosed and which is not visible from the street and, except that a fire door or
emergency exit shall be permitted. Poolside concessions not exceeding fifteen
hundred (1500) square feet of roofed area serving non-alcoholic and alcoholic
beverages and food principally as a service to users of recreational and landscaped
on-site open space are excluded from this accessory use standard. Hotels motels
and apartment hotels which extend from Collins Avenue to the ocean, and which
have the required number of guest rooms or apartment units may have the
permitted business or commercial establishment on the beach end of the site with
a direct opening to the public beachfront.
(2) Hotels and motels with two hundred (200) or more guest rooms or apartment
hotel units, including lockouts, under one (1) roof may contain a night club, bar
and/or cabaret 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 Collins Avenue, said windows shall be of fixed opaque glass. Such
night club shall be entered only through the lobby, and no additional entrance
shall be permitted, except when the same opens into a courtyard or patio (away
Page 34 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
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.
(3) Cabanas, provided they are strictly incidental to apartment use, apartment hotel,
motel or hotel shall not be used 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.
Section 2
Repealer. All ordinances or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 3
Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional, by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 4
Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance 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.
Section 5.
Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
. ~
PASSED AND ADOPTED on first readIllg the '1 day of --l11 A- Y
,2001.
: ,--./
,2001.
PASSED AND ADOPTED on second reading this
. -
<It'-' , .,
, 1'1 :II lJ .. ~ '
-... Or ..,..) 41
ATtESr>~,
~ :.J .,;.- nA' U.
\'RlcFiard rown-MoriUw, City Clerk
."l\ ':".~:i': 6~__. ...:.
'f"Y
" ':>.~) 'y' if-"'"' "
::~ ......"
Page 35 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
L
Motion on second reading by: c.Om"'\SSIOI\>E.R fY\o~()l.()
Second on second reading by: O~, SS:\ ol.J!. ~ T ~...L~CJ~
Vote: 3- ~
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Connie Morrow
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes)~
(yes)_
(yes)X
(yes) V
(yes )_
(no )_
(no)~
(no)_
(no )_
(no) -----V
Page 36 of 36
02001- 2nd Rdg MU-R District
5/30/01 - 9:51 AM