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Home My WebLink AboutOrdinance 2002-165 ORDINANCE NO. 2002-165 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING PROCEDuREs FOR THE ISSUANCE OF DEVELOPMENT P~RMITS BY THE CITY OF SUNNY ISLES BEACH FOR THE DEVEWPMENT. OF LAND WITHIN THE CITY; PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR DEVELOPMENT RJVIEW' REQUIREMENTS; PROVIDING FOR VESTED RIGHTS; paOVIDING FOR PROCEDURES TO AMEND THE COMPREHENSIVE PLA,N. AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR PLATTING PROCEDURES; PROVIDING FOR SITE PLAN PROCEDURES AND REQUIREMENTS; PROVIDING FOR PROCEDuREs FOR THE ISSUANCE OF PERMANENT OR TEMPORARY CERTIFICATES OF OCCUPANCY; PROVIDING FOR ZONING DISTRICTS; PROVIDING FOR PARKING REQUIREMENTS; PROVIDING FOR SIGN REGULATIONS; PROVIDING FOR LANDSCAPING REQUIREMENTS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR REGULATIONS OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR PERFORMANCE STANDARDS; PROVIDING FOR APPEAL; PROVIDING FOR REPEAL OF CERTAIN PORTIONS OF CHAPTER 33 OF THE CODE OF MIAMI-DADE COUNTY AS MADE APPLICABLE TO THE CITY PURSUANT TO ARTICLE 8.3 OF THE CITY CHARTER; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR DISTRICTS NOT INCLUDED IN TillS ORDINANCE; PROVIDING FOR AUTHORIZATION OF IMMATERIAL MODmCATIONS AND CORRECTION OF SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WlIEREAS, pursuant to Section 8.3 of the Charter of the City of Sunny Isles Beach, the City adopted the Land Development Regulations of Miami-Dade County as its own Land Development Regulations, to regulate the development of land within the City; and WHEREAS, the City wishes to repeal certain sections of the Miami-Dade County Code and its own municipal code; and WHEREAS, by Ordinance No. 2000-105, adopted on October 5, 2000, and pursuant to Chapter 163, Florida Statutes, the City adopted its Comprehensive Plan to articulate a vision of the future land development within the City's boundaries; and WHEREAS, pursuant to Chapter 163, Florida Statutes, the City wishes to adopt its Land Development Regulations to implement the vision established by the Comprehensive Plan; and 02002-165 Land DeveIoprnent Regulations 1 WHEREAS, in accordance with Ordinance No. 98-13 of the City Code of Ordinances and Chapter 163, Florida Statutes, the City Commission has been designated as the Local Planning Agency to review the Land Development Regulations; and WHEREAS, the City Commission, as the Local Planning Agency, has reviewed this Ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Master Plan of the City of Sunny Isles Beach; and WHEREAS, the City Commission has duly noticed and conducted public hearings, as required under Florida Law, for adopting its Land Development Regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Establishment of Land Development Regulations. The City Commission hereby adopts the regulations, including the Zoning Map, as modified, set forth in Exhibit "A," attached hereto and made a part hereof, as the Land Development Code of the City of Sunny Isles Beach, Florida. Section 2. Repeal of Provisions of County Code. The Chapters 33-A (Developments in Incorporated Areas Creating County Impact), 33-B (Areas of Critical Environmental Concern), 33C (Fixed Guideway Rapid Transit System- Development Zone), 33-D (Biscayne Bay Management), 33-F (Key Biscayne Beach Preservation), 33-G (Service Concurrency Management Program), 33-H (park Impact Fee Ordinance), 33-1 (Police Services Impact Fee), 33-J (Fire and Medical Emergencies Impact Fee), and 33-K (Educational Facilities Impact Fee) of the Code of Miami-Dade County, as made applicable to the City of Sunny Isles Beach by Section 8.3 of the City Charter, are hereby repealed in their entirety. Section 3. Reneal of Conflicting Provisions. Any other sections of Miami-Dade County Code, or any Sections of the City Code of Ordinances in conflict with the provisions of these Land Development Regulations are hereby repealed, except for the provisions of Ordinance Nos. 2001-117 and 2001-144. Section 4. Districts Not Included in This Ordinance. Any zoning districts or clarifications not specifically designated in this Ordinance shall remain in full force and effect as set forth in the Code of Miami-Dade County as adopted, or as may have been amended, by the City pursuant to Section 8.3 of the City Charter, provided however, except for the specific district regulations (including but, not limited to, permitted uses, heights, setback, lot coverage), all other provisions of this Ordinance shall apply, such that, by way of example, all applications for development orders, site plan review and criteria, application for variances from district regulations, and district landscaping regulations, shall be made in accordance with the terms of this Ordinance, and not the Code of Miami-Dade County, as adopted by the City of Sunny Isles Beach. Section 5. Immaterial Modifications and Correction of Scriveners Errors. The City staff is authorized and directed to correct any and all scriveners errors, any internal inconsistencies 02002-165 Land Development Regulations 2 and make any immaterial modifications to this Ordinance, provided that those changes do not modify the intent expressed by this City Commission. Section 6. Severability. The provisions of the Land Development Regulations are declared to be severable and if any section, sentence, clause or phrase of the Land Development Regulations shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses of these Land Development Regulations but they shall remain in effect, it being the legislative intent that these Land Development Regulations shall stand notwithstanding the invalidity of any part. Section 7. Inclusion In the Code. It is the intention of the City Commission and it is hereby ordained, that the provisions of these Land Development Regulations shall become, and made a part of, the City of Sunny Isles Beach Code of Ordinances; that the sections of these Land Development Regulations may be renumbered or re-lettered to accomplish such intentions. Section 8. Effective Date. These Land Development Regulations shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the 20th day of November, 2002. PASSED and ADOPTED on second reading this 10" day ~ber, 200 &U4 David Samson, ayor ArrEST: ~~ .:,> '.. .... . we, n,.1 ,'ChardIIJ wn-MOrilla, City Clerk " ....' : .~ .~ <' '. :, ,', ,; . ':: ,'" .c )APPR(jVFp~ TO FORM AND1JtGAl.. SUFFICIENCY: ~ 1. Lynn . Dannheisser, City Attorney Motion on second reading by: Second on second reading by: VOTE: yo Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman 'N\.~~ 1)o.N\~ S~~ ~Vr4'~~~r (yes) V (yes)~ (yes)~ (yes)~ (yes) '7 (no)_ (no)_ (no)_ (no)_ (no)_ 02002-165 Land Development Regulations 3 Land Development Regulations ...Ij. City of Sunny Isles Beach Mayor David Samson Vice Mayor Norman S. Edelc.pp Commissioner Gerry Goodman Commissioner Lila Kauffinan Commissioner Danny Iglesias Christopher J. Russo City Manager Lynn Dannheisser City Attorney Richard Brown-MoriDa City Clerk Jorge L. Vera Planning & Zoning Administrator Adopted December 10, 2002 Preparation of this document was aided through a grant from the State of Florida under the Local Government Comprehensive Planning Assistance Program, authorized by Chapter 87-98, Law of Florida and administered by the Department of Community Affairs. CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS TABLE OF CONTENTS CHAPTER 1: Purpose and Applicability CHAPTER 2: Definitions and Rules of Construction CHAPTER 3: Decision-Making and Administrative Bodies CHAPTER 4: Comprehensive Plan CHAPTER 5: Development Review Procedures CHAPTER6: RESERVED CHAPTER 7: Zoning Districts CHAPTER 8: Off-Street Parking, Loading and Driveway Standards CHAPTER 9: Sign Regulation CHAPTER 10: Landscaping Requirements CHAPTER 11: Development Standards of General Applicability CHAPTER 12: Non-Confonning Uses and Structures Land Development Regulations - Adopted December 10, 2002 1 CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS TABLE OF CONTENTS CHAPTER 1 PURPOSE AND APPLICABILITY Section 101 Section 102 Section 102 103.1 103.2 Section 104 104.1 104.2 104.3 104.4 Titles Authorities and Purpose Applicability, Vested Rights General Applicability Exceptions, Vested Rights Official Zoning Map Amendments to the Zoning Map Recording Amendments to the Zoning Map Adoption of Zoning Map Repeal of Zoning Map Designations CHAPTER 2 DEFINITIONS AND RULES OF CONSTRUCTION Section 201 Definitions Section 202 Rules of Construction 202.1 Generally 202.2 Computation of Time 202.3 Administrative Delegation of Authority 202.4 Gender 202.5 Non-Technical and Technical Words 202.6 Number 202.7 Shall, May 202.8 Tense 202.9 Written or in Writing 202.10 Year 202.11 Day 202.12 Boundaries CHAPTER 3 DECISION-MAKING AND ADMINISTRATIVE BODIES Section 301 301.1 Section 302 City Commission Powers and Duties Development Review Process CHAPTER 4 COMPREHENSIVE PLAN Section 401 Section 402 Section 403 Purposes Legal Status of the Plan Amendments Land Development Regulations - Adopted December 10, 2002 2 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.1 0 Who May File Application Requirements LmmmwmonNwn~of~n~ms Notice of Public Hearings Amendment Procedure Local Planning Agency Public Hearing City Commission Public Hearings Transmittal of Proposed Amendments Adoption of Proposed Amendment Approval of Amendmem CHAPTER 5 DEVELOPMENT REVIEW PROCEDURES Section 501 501.1 501.2 501.3 501.4 501.5 501.6 501.7 501.8 501.9 501.10 501.11 501.12 501.13 501.14 Section 502 502.1 502.2 Section 503 503.1 503.2 503.3 503.4 503.5 503.6 Section 504 504.1 504.2 504.3 504.4 504.5 504.6 Procedures of General Applicability Who May File Application Requirements Pre Application Conference Filing of Applicatiom Public Hearing and Notices Procedures Rescheduled Meeting Dates Resubmission of Applicatiom After Denial Reliance on Information Presented by Applicant Application Annulment Restriction Upon Variance and Other Development Applicatiom Quasi-Judicial Proceedings Time Limit Payment of Fees General Development Provisiom Permitted Uses Purpose Permits Required Conditional Uses Purpose Applicatiom Requirements General Standards of Review Reviews by City Commission Effect of Approval or Denial Amen~nts and Alteratiom to Approved Conditional Uses Temporary Uses Permit Required Reviews and Approval Maximum Time Limit Revocation of Permits Exemptiom General Criteria and Limitatiom for Temporary Use Permit Land Development Regulations - Adopted December 10, 2002 3 Section 505 505.1 505.2 505.3 505.4 505.5 505.6 505.7 505.8 505.9 505.10 Section 506 506.1 506.2 506.3 506.4 506.5 506.6 506.7 506.8 Section 507 507.1 507.2 507.3 507.4 507.5 507.6 507.7 507.8 507.9 507.10 507.11 Section 508 508.1 508.2 508.3 508.4 508.5 508.6 508.7 508.8 508.9 508.10 508.11 508.12 Section 509 509.1 509.2 509.3 509.4 V srianees Purpose, Definitions, Scope Limitations Nonconformities not Grounds for Grant of Variance Application Requirements Staff Review Review by City Commission Standards of Review Conditions and Safeguards Expiration of Approval Amendments and Alterations to Approved Variances Amendments to the Land Development Regulations aDd Oft'ieial Zoning Map Purpose Initiation Application Requirements Review by staff Reviews by City Commission Standards for Reviewing Proposed Amendments to the Official Zoning Map Standards for Reviewing Proposed Amendments to the Text of the LOR Zoning in Progress, Applicability, temporary hold on Permits and Licenses. Subdivision Plat Approvals Purpose Plat Required Conformity to Comprehensive Plan Preliminary Plat, Advice and Comments at Developers Option Final Plat Review Endorsement of Final Plat Requirements of Final City Signature Time Limitations of Final Plat Approval Enforcement Provisions Modifications to Recorded Plats Recorded Plat Administrative Site Plan Review Required Application Required Exempt Development General Site Plan Application Requirements Site Plan Submission Requirements Site Plan Review City Commission Review Approved Plans Site Plan Revisions Engineering Plans Mylar Copy of Approved Site Plans Required Conformance with Approved Site Plans Engineering Pennits Purpose Engineering Construction Permit Engineering Excavation Permit Annual permit for excavation Land Development Regulations - Adopted December 10, 2002 4 509.5 509.6 Section 510 510.1 510.2 510.3 510.4 Section 511 511.1 511.2 511.3 511.4 Section 512 512.1 512.2 512.3 512.4 Sections 513 Section 515 515.1 515.2 515.3 515.4 515.5 515.6 515.7 515.8 515.9 515.10 Engineering Right of Way Crossing Permits Revocation of Engineering Permits Reviews of Building Permits Purposes and Applicability Application Requirement Action by Building Department Permit Card Certificates of Occupancy Purposes and Effect Standards and Review Action by Building Department Contents of Certificate Appeals Purposes and Applicability Appeal of Administrative Decisions Action by the City Commission Appeal of and Order of the City Commission through 514 "Reserved" Transfen of Development Rights Purposes and Applicability Definitions Computation of Transfer of Development Rights Location of Receiver and Sender Sites Privately-Owned Sender Sites Transfer of Development Rights from City Owned Property Procedures Pertaining to the Transfer of Development Rights Recording of Documents Penalties for Violations Civil Liability CHAPTER 6 RESERVED CHAPTER 7 ZONING DISTRICTS Section 701 701.1 701.2 701.3 701.4 701.5 701.6 Section 702 702.1 702.2 Section 703 703.1 Zoning Districts and Boundaries Purpose Zoning Districts Districts Listed Zoning Map Zoning of Entire Jurisdictional Area Zoning District Boundaries Interpretations of District Regulations Statements of Purpose and Intent Permitted Uses Schedules of District Regulations Conservation District (CNS) Land Development Regulations - Adopted December 10, 2002 5 703.2 703.3 703.4 703.5 703.6 703.7 703.8 703.9 703.10 Section 784 Section 710 710.1 710.2 710.3 710.4 710.5 710.6 710.7 710.8 710.9 710.10 710.11 710.12 710.13 Section 711 711.1 711.2 711.3 711.4 711.5 711.6 711.7 711.8 711.9 711.10 711.11 711.12 711.13 Community Facilities (CF) Recreation an Open Space (ROS) Single Family Residential (R-l) Moderate Density Townhouse Residential (R- TH) Medium Density Multi Family Residential (RMF-l) Medium -High Density Multi Family Residential (RMF-2) Mixed Use-Resort District (MU-R) Neighborhood Business (B-1) Town Center Overlay (TCO) See Ordinance No. 2001-144 through 789 "Reserved" Specific Use Regulations Automobile Rental Automotive Service Stations Bottle Club Child or Adult Care Centers Drive-Through Windows Drive-Through Facilities Group Homes Home Occupations Outdoor Storage Rehabilitation Centers Veterinary Clinic and Ancillary Kennel Warehouse-Self Storage Wetland Mitigation Banks Accessory Uses General Awnings and Canopies Carports Domestic Pet Shelters Fences and Walls Gazebos Play Equipment Screen Enclosures Swimming Pools and Spas Utility Sheds Utility/Mechanical Equipment Waterfront Lands Docks, Construction Requirements CHAPTER 8 OFF-STREET PARKING. LOADING AND DRIVEWAY STANDARDS Section 801 801.1 801.2 801.3 Off-Street Parking and Loading Standards General Amount of off-street Parking Calculating required parking spaces Land Development Regulations - Adopted December 10, 2002 6 801.4 801.5 Section 102 802.1 802.2 802.3 802.4 802.5 802.6 Off-street loading Drive-Through Service Windows Driveway Standards Design Intersection with Streets Separation between Driveways Minimum Size Clear Sight Triangles Landscaping CHAPTER 9 SIGN REGULATIONS Section 901. 901.1 901.2 901.3 901.4 901.5 901.6 901.7 901.8 901.9 901.10 901.11 901.12 901.13 901.14 901.15 901.16 Sign Regulations Short Title General Principles Purpose and Intent Definitions Prohibited Signs Required Signs Other SignslNo Permit Required Residential Permanent Signs Nonresidential and Mixed Use District Signs Temporary Signs Supplemental Regulations Permit Required Non-Conforming Signs Sign Maintenance Removal oflmproper Signs Temporary Political Signs CHAPTER 10 LANDSCAPING REOUIREMENTS Section 1001 1001.1 1001.2 1001.3 1001.4 1001.5 1001.6 1001.7 1001.8 Landscaping Requirements Purpose and Intent Applicability Definitions Landscape Plan Required Minimum Landscape Requirements for all Zoning Districts Maintenance Tree Removal Permit Minimum Design Standards Land Development Regulations - Adopted December 10, 2002 7 CHAPTER 11 DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY Section 1101 Section 1102 11 02.1 1102.2 1102.3 1102.4 1102.5 1102.6 11 02. 7 Section 1103 1103.1 1103.2 1103.3 1103.4 1103.5 1103.6 Section 1104 1104.1 Section 1105 1105.1 Section 1106 11 06.1 Section 1107 11 07.1 Development Standards Subdivision Design Standards General Street Layout Minimum Intersection Spacing Street Design Addresses Lots Storm Drainage and Water Management Design Standards Outdoon Lighting Standards General Preparation of Site Lighting Plan Minimum Illumination Maximum Illumination Lighting Height Standards Street Lighting Wetlands Preservation Standards Conformance with Applicable Regulations Coastal Tidal Water Standards Conformance with Applicable Regulations Surface Water Management Criteria Conformance with Applicable Laws Compliance with Comprehensive Plan Compliance Required CHAPTER 12 NONCONFORMING USES AND STRUCTURES Section 1200 Section 1201 Section 1202 Section 1203 Section 1204 Section 1205 Section 1206 Section 1207 Nonconforming Uses and Structures Purpose and Scope Expansion of Nonconforming Use Discontinuation or Abandonment of a Nonconforming Use Change of Use Repair or Reconstruction of Nonconforming Structure Alteration or Enlargement of Nonconforming Structure Moving of Nonconforming Structure Land Development Regulations - Adopted December 10, 2002 8 Chapter 1: PURPOSE AND APPLICABILITY 101. - Title. This chapter shall be entitled and may be referred to as the Sunny Isles Beach Land Development Regulations ("LORs") 102. - Authority and Purpose. These LORs are enacted pursuant to the requirements and authority ofF.s. ch. 163, pt. II (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in F.S. ch. 166 (Home Rules Powers Act) and the Constitution of the State of Florida. The purpose of the LORs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LORs are adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the City. It is the intent of these LORs that the development process in the City be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures, and show respect for the rights of property owners, and the consideration for the interests of the citizens of the City. 103. - Applicability, Vested Rights 103.1 General Applicability. Unless otherwise permitted as an exception under section 103.2 or allowed to continue as a nonconforming use or structure under these LORs, all existing, proposed and new development or redevelopment and uses of land in the City shall conform strictly to the provisions of these LDRs. Except as expressly provided in these LORs, no development and use of land shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of these LORs. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation, application or enforcement of these LORs or any part hereof: shall not stop or otherwise prevent the City from strict enforcement of the provisions of these LORs. 103.2 Exceptions, Vested Rights. 103.2.1 Existing Administrative Site Plan Ap,proval: Time Period/Expiration -- The provisions of these LDRs shall not affect, or be enforceable against, any development for City ofSuony Isles Beach - Land Development Regulations Adopted December 10, 2002 Chapter 1- Purpose and Applicability 100 - I which an administrative site plan approval was issued prior to the effective date of these LORs. Notwithstanding the foregoing, for developments that previously received an administrative site plan approval, this exemption shall expire on the date that is twenty- four (24) months after the effective date of the adoption of these LORs in the event a building permit authorizing development as approved in the development order (administrative site plan approval) has not been obtained by said date or the applicant has not obtained an extension as provided herein below. This exemption shall expire earlier in the event any condition or requirement of the development order (administrative site plan approval) containing a specific time period for performance is not timely satisfied as provided therein. In the event the foregoing exemption expires with respect to a development order (administrative site plan approval), as provided above, or the required building permit is obtained but thereafter expires, then the development order (administrative site plan approval) shall be deemed null and void and a new application for development shall be required consistent with the LORs then in effect. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LORs and any amendments hereto. 103.2.2 Existing Oevelopment Order (Excluding Administrative Site Plan Approvals): Time Period/Elq)iration -- The provisions of these LORs shall not affect, or be enforceable against, any development for which a development order (excluding administrative site plan approval) was issued prior to the effective date of these LORs. Notwithstanding the foregoing, for developments that previously obtained a development order (excluding administrative site plan approval), this exemption shall expire on the date applicable to said development orders as provided in Ordinance No 2001-117, as amended (i.e. two years from the date granted) and the terms thereof: and in the event a building permit authorizing development as approved in the development order (excluding administrative site plan approval) has not been obtained by the required date or the applicant has not obtained an extension as provided in Ordinance No. 2001-117, as amended, and herein below. This exemption shall expire earlier in the event any condition or requirement of the development order (excluding administrative site plan approval) containing a specific time period for performance is not timely satisfied as provided therein. In the event the foregoing exemption expires with respect to a development order (excluding administrative site plan approval), as provided above, or the required building permit is obtained but thereafter expires, then the development order (excluding administrative site plan approval) shall be deemed null and void and a new application for development shall be required consistent with the LORs then in effect. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LORs and any amendments hereto. 103.2.3 Existing Building Permits: Time PeriodslExpiration -- The provisions of these LORs shall not affect, or be enforceable against, any development for which a building permit was issued prior to the effective date of these LORs and said permit was the only required development order, provided the building permit remains valid and construction has begun and continues there under. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of these LORs and any amendments hereto. city of Sunny Isles Beach - Land Development Regulations Adopted December 10,2002 Chapter I - Purpose and Applicability 100 - 2 103.2.4 Future Amendments to the LDRs: Time Period/Expiration -- An amendment to these LDRs shall not affect, or be enforceable against, any development for which a development order was issued prior to the effective date of said amendment, provided, however, all other provisions of the LORs in effect on the effective date of the development order shall be enforced with respect to the development order (including, without limitation, the time period/expiration related to issuance of a building permit and completion of construction). 103.2.5 Amendments -- A development order that is exempt from these LORs pursuant to this section may not be amended in a manner which, in the determination of the Zoning, Planning and Building Director, substantially alters the proposed development and/or which increases in degree any nonconformity. 103.2.6 Extensions of Time -- If additional time (beyond the twenty-four (24) month period), is desired by a developer, the developer may request an extension from the City Commission by filing an application for extension prior to the expiration of the development order. The City Commission shall consider any such request on a case by case basis, and may grant an extension for a period of time deemed reasonable by the City Commission if the developer clearly establishes good cause for the extension and that the need for the extension is based substantially on events or occurrences beyond the control of the developer; provided, however, while the (i) inability to obtain financing, (ii) volatility in the economy and/or (ill) changes in the market conditions affecting a project, as examples, may not constitute circumstances beyond the control of the developer, two or more of these factors combined, and/or in combination with other relevant factors, may be sufficient as determined by the City Commission, to establish the need for the extension. 103.2.7 Completion Oate -- Development authorized by a development order and exempted from the provisions of these LDRs pursuant to Section 103.2.1, 103.2.2 or 103.2.3 hereof shall be complete and shall have satisfied all requirements for issuance of a certificate of occupancy or certificate of completion, as applicable, within twenty-four (24) months from the date of issuance of the building permit authorizing development as approved in the development order, except in the event a different time period to obtain a certificate of occupancy or certificate of completion, as applicable, is expressly authorized by the City Commission. If additional time (beyond the twenty-four (24) month or other specified period), is desired by a developer, the developer may request an extension from the City Commission as more particularly set forth in Section 103.2.6, above. 104. - Official Zoning Map. The City of Sunny Isles Beach is divided into zones or districts, as shown on the Official Zoning Map and descn"bed in the LDRs. The Zoning Map, together with all explanatory matter thereon, shall be considered a part of the LDRs. The Zoning Map is the official record of zoning status of areas within the City. A copy shall be maintained in the Zoning, Planning and Building Department. city of Sunny Isles Beach - Land Development Regulations Adopted December 10,2002 Chapter 1- Purpose and Applicability 100 - 3 104.1 Amendments to the Zoning M&p. Amendments to the Official Zoning Map shall be made in accordance with the procedures and standards of the LORs. 104.2 Recording Amendments to the Zonin~ Map. WIthin a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map. 104.3. Adoption of Zoning Map. That the Zoning Map attached as Exln"bit "A" of Ordinance (#2002-165) is adopted as the official zoning map of the City of Sunny Isles Beach, and that all property within the City is hereby rezoned in accordance with the Zoning Map. 1 04.4 Re.peal of Zonini Map and Designations. That the Zoning Map that was adopted by Article 8.3 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance. city of Sunny Isles Beach - Land Development Regulations Adopted December 10.2002 Chapter 1 - Purpose and Applicability 100 - 4 Chapter 2: DEFINITIONS AND RULES OF CONSTRUCTION Sec. 201. DEFINITIONS. For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein set out. Words, terms and phrases not covered under this chapter are made reference to in "A Glossary of Zoning, Development, and Planning Terms', edited by Michael Davidson and Fay Dolnick, December 1999. "Accessory Structure" shall mean a separate, subordinate building or structure devoted to an accessory use on the same plot with a building, which is occupied by, or devoted to a principal use. "Accessory building" A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. Also see Guesthouse. "Accessory Use" shall mean a use that is subordinate to and serves a principal use; is subordinate in area, extent and purpose to the principal use; and in located on the same lot or lots under same ownership and in the same land use district as the principal use. "Addition (to an existing building)" shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall constitute new construction. "Adult Use" shall mean any place in which a principal use is the exchange--for consideration in any form, monetary or otherwise, for profit or not-for-profit--of materials or exhibitions, including but not limited to, books, magazines, photographs, performances, videotapes, electronic media, or movies, which have as their dominant theme matters depicting, descnbing, demonstrating or relating to completely or to opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating to City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- I human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. Places which are considered adult uses shall include the location of any organization, association or establishment, including any public or private enterprise, club, bar, lounge or nightclub in which a principal use is the exchange--for consideration in any form, monetary or otherwise, for profit or not-for-profit--of materials or exlubitions, including but not limited to, books, magazines, photographs, performances, videotapes, electronic media, or movies, which have as their dominant theme matters depicting, describing, demonstrating or relating to completely or opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, descnbing, demonstrating or relating to human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. "Alcoholic Beverage" shall mean any distilled spirit, liquor, beer or wine as defined by F.S. ~ 561.01(4). "Alcoholic Beverage Sales C.O.P. Beer and Wine" shall mean the sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C. D.P.) of the establishment selling the alcoholic beverages. "Alcoholic Beverage Sales C.O.P. Beer, Wine and Liquor" shall mean the sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of the establishment selling the alcoholic beverages. "Alcoholic Beverage Sales A.P.S. Beer and Wine" shall mean the sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package store (A.P.S.) for consumption off the premises of the establishment selling the alcoholic beverages. "Alcoholic Beverage Sales A.P.S. Beer, Wine and Liquor" shall mean the sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 2 store (AP.S.) for consumption off the premises of the establishment selling the alcoholic beverages. "Alley" shall mean a through public right-of-way less than 25 feet in width which affords only a secondary means of access to abutting property and commonly located to the rear or side ofa property. "Antenna" shall mean a transmitting and/or receiVIng device mounted on a telecommunications tower, building or structure and used in telecommunications (personal wireless) services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. "Antenna Dish, Dish Antenna, [orj Satellite Dish" shall mean an antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites. "Antenna Tower" shall mean a tower or structure used to support an antenna at some height above the ground. "Apartment" A room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one family with kitchen facilities for the exclusive use of the one (1) family. "Apartment bllilding" A building which is used or intended to be used as a home or residence for three (3) or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units. "Apartment garage" A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 3 "Apartment Hotel" shall mean a building containing apartments which may have one or more bedrooms ("lockout rooms") that may be accessed and occupied independent (separate keyed entry) of the primary apartment space and each apartment including any lockout rooms and all facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation 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 owner, lessee or sublessee may occupy the remaining apartments for extended-stay periods of up to six months duration during any twelve-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 providing central reservation service, maid, linen or 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 Department 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 resuh in a fine of$500 and an audit by the City. "Application for Development Approval" shall mean a completed application for approval of a proposed use or structure and for issuance of a development order, including, but not limited to, applications for approval of: plats, conditional uses, re-zonings, site plans and variances, etc. "Area of Special Flood HaZ/lrd" shall mean that area within a community in the tOO-year floodplain. "Assisted Living FacUity (ALF)" shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding 24 hours, housing, food service, personal services, limited nursing services or limited mental health services to unrelated persons. "Attached Residentiaf' shall mean a building with a common roof that houses more than one dwelling unit, each on its own lot, with a common or abutting wall shared for at least fifty percent of the length of the side of the dwelling. "Attached Commercial" shall mean a building with a common roof that houses more than one commercial tenant. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions" Rules of Construction 200- 4 "Attached Residential Lot" shall mean a fee simple ownership lot for the purpose of an attached dwelling unit. These housing unit product types may include, but are not limited to, fee simple duplex, rowhouse and townhouse units. "Attached Residential - Multifamily" shall mean a group of two or more dwelling units, which are attached by one or more bearing walls. These housing unit product types include garden apartments, townhouse units and may include other attached units. "Attached Residential- Minimum Lot Area Per Unit" shall mean the minimum required lot area of each attached residential lot within a development parcel. "Awning" shall mean a roof-like cover that is temporary or portable in nature and those projects from the wall of a building. The purpose of an awning is to shield a doorway or window from the elements. "Bars, Lounges and Nightclubs" shall mean a commercial establishment whose primary business is the sale of alcoholic beverages for consumption on premises and where under 50 percent of gross receipts are related to food service. Bottle clubs as defined by Florida Statutes shall also be included. "Base Flood" shall mean the flood having a one percent chance of being equaled or exceeded in any given year. "Bottle Clubs" See Bars, lounges and nightclubs. "Boundary of district" The center line of a street or right-of-way or the center line of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps. "Boat" A vessel for travel on water including but not limited to jet-skis, wet-bikes, fishing boats and any other such watercraft and their trailers. "Bufferyard" shall mean an area of landscaping and open space around the perimeter of a development parcel, or an area adjacent to a parking lot, which is used to screen differing land, uses from each other. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions'" Rules of Construction 200- 5 "Building" A building is any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. "Building Code" shall mean the Florida Building Code, as amended. "Canal" shall mean a body of water having a width of 100 feet or less for linear areas in excess of200 feet in length and used principally for the conveyance of water. "Canopy". See Awning. "Capacity" shall mean the capability of a facility to serve the needs of a user such water, sewer, solid waste and drainage facilities, parkland, and transportation facilities "Capital Improvements" shall mean the planning of: engineering for, acquisition of land or equipment, and the construction of improvements and facilities with a useful life of at least three years, but does not include routine maintenance. "Carport" shall mean a structure intended for vehicle storage not completely enclosed by walls. "Child or Adult Care Center" shall mean an enterprise involving the care of five or more children and/or senior adults at one and the same time, either by day or night, which children and/or senior adults are not foster children or related by blood or marriage to the operator. Adult care centers shall not include those uses meeting the definition of assisted living facilities or nursing home. "Church". See religious facility. "City Manager" shall mean the chief executive officer of the City as defined by the City Code and Charter who shall have such duties as are legally prescn"bed. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules or Construction 200- 6 "Commercial Recreation" shall mean a business, or zoning district whose primary purpose is recreational activities. Commercial recreation provides for major public and private commercial recreational, civic and cultural facilities, which offer recreational opportunities to residents and tourists. Commercial recreation uses include but are not limited to sports arenas, theme parks, amusement parks and golf courses. Commercial recreation uses may include movie theaters, bowling centers, health clubs, pool halls, spas or video arcades if they are accessory uses to the main recreational uses. "Commercial use" shall mean any use whose primary purpose is retail sales or professional offices and services. Commercial uses may include, but not be limited to: financial institutions; medical facilities; personal services; restaurants; entertainment uses; small appliance repair; printing; studios and galleries; instructional businesses; and recreational uses such as movie theaters, bowling centers, health clubs, pool halls, or video arcades. "Commission" shall mean the City Commission of the City of Sunny Isles Beach. "Comprehensive Plan (orl Plan" shall mean the City's Comprehensive Plan as adopted by Ordinance No. 2000-105 and as may be amended from time to time. "Conditional Use" shall mean uses, which may be allowed under certain circumstances in a particular zoning district after review and approval by the City Commission. "Condominium" shall mean the form of real estate ownership defined by the Florida Condominium Act, F.S. ch. 718, as amended from time to time. "Condominium Apartment Building" shall mean a building in which individual dwelling units are held in separate private ownership (condominium) and all floor space, facilities, and outdoor areas used in common by all owners or tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes. "Contiguous" shall mean next to, abutting, or touching and having a boundary, property line or portion thereof: that is common to both properties. "Density or Gross Density" shall mean the number of residential dwelling units or rooms allocated to the project divided by the total project acreage. See also Density, net. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 7 "Density, net" shall mean the number of residential dwelling units divided by the net parcel area. "Detached residential" shall mean an individual residential dwelling that is not attached to another dwelling unit. "Detached residential-Minimum lot area per unit" shall mean the minimum required lot area of any detached residential lot within a development parcel. "Developer" shall mean any person, corporation, partnership, other legal entity or a governmental agency, undertaking any development as defined in these LDRs. "Development" shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels. The following activities or uses shall be taken for the purposes of these regulations to constitute "development": 1) A reconstruction, alteration of or material change in the extent or appearance of a structure on land. 2) A change in density or in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land, or an increase in the number of businesses, manufacturing establishments, or offices. 3) Alteration of a shore or bank of a lake, pond, or canal, including any "coastal construction" as defined in F.S. ~ 161.021. 4) Commencement of drilling, mining, or excavation on a parcel of land, except to obtain soil samples. 5) Demolition of a structure. 6) Clearing of land as an adjunct of construction. 7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. The following operations or uses shall not be construed for the purpose of these regulations to involve "development": City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 8 1) Work by a highway or road agency or railroad company for the maintenance ofa road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. 2) Work by any utility and other persons engaged in the distribution or transmission of gas, water, sewerage, or electricity, for the purpose of inspecting, repairing, renewing, or constructing within any established rights-of- way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like. 3) Work for the maintenance, renewal, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. 4) The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling. 5) A change in the ownership or form of ownership of any parcel or structure. 6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. 7) The use of any land for the purpose of growing plants, crops, trees, and other agricuhure or forestry products; raising livestock; or for other agricuhural purposes. 8) A change in use of a structure from a permitted use within a zoning district to another permitted use in the same zoning district. Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of development or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition. "Development Agreement" shall mean an agreement between an individual, partnership, corporation or other governmental entity and the City for the express purpose of defining responsibilities, scope of work, costs, payments, credits and any other relevant items relating to the development of real property or municipal facilities. A development agreement may take the form of any legally valid contract approved by the City Manager, City Attorney or designee provided it complies with State Law. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules or ConstruetioD 200- 9 "Development Approval, Development Order or Development Permit" shall mean any building permit, site plan approval, conditional use approval, temporary use permit, subdivision approval, change of land use district boundary, plan amendment, or any other official action to grant, deny or grant with conditions, issued by any official, commission, or board of the City having the effect of permitting development. See also F.S. ~ 163.3164. "Development Parcel" shall mean a parcel of land and water used for residential or non- residential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space and other public or private uses. "Dish Antenna" See Antenna dish. "Divided Roadway" shall mean a street where the opposing directional lanes of traffic are separated by a median or center turn lane. "Drive-through or Drive-thru" shall mean a facility designed to accommodate pickup of food, merchandise or services by a motor vehicle momentarily at rest in a driveway expressly designed for that purpose. "Duplex Unit" shall mean two dwelling units connected by a one-hour or greater me- resistant wall. "Dwelling Unit(s)" shall mean a house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including rental units contained in a muhi-unit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartments", "time share apartments", "apartment-hotels", "rental condominiums" and "retirement housing". "Emergency" shall mean any occurrence, or threat thereof: whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds as declared by the City Manager or designee. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules or Construction 200- 10 "Engineering Construction Permit" shall mean a permit issued by the City Engineer or designee prior to the construction of any public improvements on public or private property. "Excavation" shall mean removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land on or beneath the surface therefore or beneath the land surface whether exposed or submerged. "Exceptional Hardship" shall mean a burden on a property owner that substantially differs in kind or magnitude from the burden imposed on other similarly situated property owners in the same land use district as a resuh of adoption of these LDRs. "FAA" shall mean the Federal Aviation Administration. "Fence" shall mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. "Finished Elevation" shall mean the proposed elevation of the land surface of a site after completion of all site preparation work. "Fire Code" shall mean the Florida Building Code and other codes adopted by the City for the prevention or control offires. "Flood or Flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters or the unusual and rapid accumulation of runoff of surface waters from any surface. "Flood Insurance Rate Map (FIRM)" shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable. " Floodplain" shall have the same meaning as Area of special flood hazard. "Flood-proofing" shall mean a combination of structural and/or non-structural additions, changes, or adjustments to properties or structures subject to flooding which will City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 1- Definitions & Rules ofConstructioD 100-11 reduce or eliminate flood damages to properties, water and sewer facilities, structures, and contents of buildings. "Floor Area" See gross floor area "Floor Area Ratio (FAR)" shall mean the number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot. "Freestanding Commercial" shall mean a structure used for commercial uses, which does not share common walls or a roof with another building. "Front Facade Area" shall mean the area of a structure's or business' front surface area for the purpose of calculating permitted wall and graphic sign area. It shall be calculated by multiplying the height to roof deck, or underside of second floor slab or structural deck of multi-story structures, by the length of the structure's or businesses front facade The facade area shall include doors and windows. The facade area shall not include canopies; overhang areas or other architectural embellishments. "Front Street" at street corners, or in other situations where a lot abuts more than one street, the front street shall be the street upon which the lot address is based In the case of unusual lot configurations, the front street shall be as determined by the Zoning, Planning and Building Director. "Functional Integrity" shall mean the completeness and natural stability of an assemblage of native plants and animals as indicated by measures of: among other things, continuity, species diversity, species interdependence and biomass. "Future Land Use Map or Land Use Plan" shall mean the adopted Future Land Use Map of the Future Land Use Element of the City adopted pursuant to Ordinance 2000-105, as defined in Rule 9J-5 of the Florida Administrative Code. "Governmental Agency" shall mean: 1) The United States or any department, COmnnsSlOn, agency, or other instrumentality thereof; 2) The State of Florida or any department, commission, agency, or other instrumentality thereof; City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions It Rules or Construction 200- 12 3) Any local government or any department, commission, agency, or other instrumentality thereof; or 4) Any school board or other special district, authority, or governmental entity. "Grade" shall mean the average elevation of the top of curb (sidewalk) of the road fronting the property as measured across the width of the property. If no curb or sidewalk exists, the elevation of the centerline of the road fronting the property shall be used. "Grade, Finished" shall mean the final elevation of the ground surface after development. "Gross Acre or Gross Area" shall mean the total area ofa parcel including land and water. "Gross floor area (GF A)" shall mean 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; including, common corridors, trash rooms~ common lobbies, and common rest rooms. This definition does not include elevators, stairwells, meter rooms, required parking spaces within a parking garage, balconies and ancillary power equipment rooms. "Ground Disturbing Activity" shall mean excavation or removal of vegetation "HaZtlrdous Materials" shall have the same meaning as that found in the Florida Building Code. "Height" The vertical distance from the crown of the adjacent road to the highest point of the structure being measured, includes all rooftop equipment. "Heliport" shall mean any area of land, or any manrnade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of vertical takeoff aircraft and any appurtenant areas which are used, or intended for use, for heliport buildings or other heliport facilities or rights-of-way, together with all heliport buildings and facilities located on that area. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions It Rules of Construction 200- 13 "Helistop" shall mean any area of land or any manmade object or facility located thereon or building rooftop area which is used, or intended for use, solely for the landing and takeoff of vertical takeoff aircraft and which has no appurtenant areas, buildings or other facilities supporting the use, landing and takeoff of vertical takeoff aircraft. "Home Occupation" An accessory use of a portion of a dwelling unit as a personal office or business by a resident of the dwelling only. "Hospital" shall mean a medical facility which provides for both inpatient and outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such professional, which may lawfully be practiced in the State of Florida. "Hotel" shall mean a building within which a commercial establishment provides lodging as overnight sleeping accommodations for the public in which ingress and egress to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Hotels 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 six months within any twelve-month period. Hotel rooms shall be fully furnished and 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 or suite of rooms available for lodging. Daily linen service and other customary hotel services shall be offered to individuals lodged therein. "Hotel Unit" shall mean a room or suite of rooms provided as a temporary sleeping accommodation for transient individuals within a building conforming to the definition of "Hotel". "Intensity" shall mean the same as "Floor Area Ratio". "Land" shall mean the earth, at or below the surface, that lies above mean high water for water bodies. "Land use" shall mean: 1 ) The development that has occurred on land; or 2) The development that is proposed on land; or city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules ofConstruetion 200-14 3) A use that is permitted or permissible on the land under the Plan, or element or portion thereof: or LDRs. "Light Industrial Use" shall mean an industrial use for the manufacture, fabricating, processing, converting, altering and assembling of products, repairing, packaging or treatment of goods, the nature of which is that it will not cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including hazardous materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use. "Local Planning Agency (LPA) " in accordance with Ordinance 2000-105 of the City of Sunny Isles Beach, the City Commission has been designated as the Local Planning Agency for the City pursuant to F.S. ~ 163.3174. "Lockout Room" shall mean a bedroom or separate room with sleeping accommodations and without cooking facilities that is part of the functional living space of an individual apartment unit and which has a separate keyed entry directly from a public corridor and may be secured and occupied independent of the primary apartment space. Lockout Rooms are associated with the operation and management of an Apartment-Hotel. "Lot" shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. "Lot Area" shall mean the area enclosed by the exterior boundary lines of the lot. No portion of a public or private vehicular right of way adjacent to a lot shall be calculated as part of the lot's area. Utility or other easements shall not be deducted from the lot area. Lot area shall exclude all water bodies below the control water elevation within the lot boundaries. "Lot lines, front" In the case of a lot abutting upon only one (1) street, the front lot line is the line separating such lot from such street. In the case of a comer lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one (1) such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see Right-of-way. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions'" Rules of Construction 200- 15 "Lot, through" Any lot having frontage on two parallel or approximately parallel streets or other thoroughfares, except platted lot, are required to maintain a decorative wall along the rear property line. "Lot of Record" shall mean either a lot or contiguous lots which exist, under single ownership at the time of adoption of this chapter, and which are part of a subdivision, the plat of which has been recorded in the Public Records of Miami-Dade County; or any parcel of land not part of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade County; "Lowest Floor" shall mean the lowest enclosed area (including basement) of a structure. An unfinished or flood resistant enclosure, used solely for parking of vehicles (such as a garage or carport), building access, or storage in any area other than a basement area, is not considered the building's lowest floor. "Mean Sea Level" shall mean the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD). "Motel" shall mean a commercial establishment, which provides overnight sleeping accommodations for the public. Principal access to all rental rooms shall be from the outside and parking spaces shall be oriented in such a manner so as to facilitate direct access from such units to the motor vehicles of the renters. "Municipal Facilities" shall mean facilities provided by the City to serve the residents of the City. These facilities may include police and fire department stations; municipal utilities including but not limited to municipal offices; city parks; civic and cultural buildings or any other uses, which the City Commission finds, serve the residents of the City. "Net Acre or Net Parcel Area" shall mean the total area of a development parcel less water bodies below the control water elevation, rights-of-way, and land dedicated or reserved for public parks (excluding private tot lots and private recreation areas). "Net Density" See Density, net. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions &: Rules of Construction 200- 16 "Night club" Any place of business located within any building or establishment under one (1) roof and on one (1) floor, established and operated for the purpose of supplying entertainment or music, or both, and providing meals and refreshments prepared on the premises, having a seating capacity of not less than forty (40) people at tables; having an aggregate floor space of not less than two thousand two hundred (2,200) square feet, and providing a dance floor containing not less than three hundred eight (308) square feet; such floor space providing for dancing to be free from chairs, tables or other obstructions at all times. "Nonconforming Lot of Record" shall mean a lot of record, which does not meet the area or width requirements of these regulations for the zoning district in which it is located. "Nonconforming Structure" shall mean a structure lawfully established and having satisfied all legal requirements for construction and occupancy prior to and existing on the effective date of these regulations, or any amendment hereto which renders the structure nonconforming, "Nonconforming Use" shall mean a use lawfully established and having satisfied all legal requirements for occupancy prior to and being conducted on the effective date of these regulations, or any amendment hereto which renders the use nonconforming, "Nursing Home or Home for the Aged" shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding 24 hours, nursing care, personal care or custodial care to unrelated persons, who by reason of illness, physical infirmity or advanced age require such services but does not include any place providing care and treatment primarily for the acutely ill. "OfflCe" shall mean a use where the clerical, administrative, financial or consulting aspects of business, professional, medical or governmental services are conducted. Office uses shall include, but not be limited to; financial institutions, insurance offices, medical offices, or business consulting services. Office shall not include the retail sale of merchandise, industrial uses or recreational uses. "Officer or Official" shall mean an officer or official of the City of Sunny Isles Beach. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 1 - Definitions & Rules of Construction 100- 17 "Open Space" shall mean any area of land and/or water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, bufferyards, landscaped yard areas and common landscaped areas. Open space shall also include bicycle and pedestrian paths external to a development parcel Open space shall not include submerged areas below the control water elevation (exclusive of wetland areas), or areas covered with buildings, parking areas, driveways and other paved areas not associated with pedestrian use and recreational activities. "Outdoor Lighting" shall mean any light source that is installed or mounted outside of an enclosed building, excluding streetlights within a right-of-way. "Owner" shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal or beneficial title in whole or in part of a building or land. "Parcel" shall mean a lot or contiguous group oflots or tract ofland owned and recorded as the property of the same person or persons or controlled by a single entity and usually considered a unit for purposes of development. "Park" shall mean an area permanently devoted to recreational uses and generally characterized by its natural, historic, or landscaped features, and used for either or both passive and active forms of recreation designed to serve the residents of a neighborhood, community or region. "Parking Area" shall mean an area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of storing vehicles. "Parking, Off-Street" shall mean the on-site parking allotment required for a given property based on a specific use or uses conducted thereon. "Parking, Shared" shall mean the provision of a parking space(s) that is credited towards meeting code required peak use parking for more than one use on a parcel due to peak parking demands for different uses on the same parcel occurring at significantly different time periods. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 18 "Parking Space" shall mean an area exclusive of driveways or aisles for the temporary parking or storage of a motor vehicle, which has adequate access to permit ingress and egress of a motor vehicle to and from a street by means of driveways, aisles and maneuvering areas. "Parking Space, Tandem" shall mean a parking space within a group of two or more parking spaces arranged one behind the other. An arrangement of parking spaces such that one ore more spaces must be driven across in order to access another space or spaces. "Parking, Undergrollnd or SIlb-grade" shall mean an area that contains parking spaces and associated driveways and maneuvering aisles, is located within a building and has its roof or the finished floor above it not more than four feet above the adjacent finished grade. "Permeable Area [orj PerviollS Area" shall mean any portion of the ground unobstructed by a surface which prevents the natural seepage of water into the ground. "Person" shall mean an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. "Plan ". See Comprehensive Plan. "Platted Lot" shall mean a lot, which is identified on a recorded plat. "Plot". See Lot. "Principal Bllilding" shall mean a building, which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel. "Pllb". See Restaurant. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 19 "Public Buildings and Uses" shall mean office and service buildings, uses, or facilities owned or operated by a governmental agency. "Public Utility" shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public. "Recreational Vehicle" shall mean a vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes. "Rehabilitation Centers" shall mean any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397. "Religious Facility" shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted. "Residence or Residential Use" shall mean used or intended for use exclusively for dwelling purposes, including apartment hotels and time-share apartments, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms. "Restaurant" shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on prermses. "Retail" shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishments primarily engaged in providing services as opposed to products to individuals shall also be considered a retail use. "Right-Of-Way" shall mean all rights of way for roads, including pedestrian and vehicular use, whether public or private. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 20 "Road Capacity" shall mean the maximum number of vehicles which can pass over a given section of a roadway, during a given time period under prevailing traffic conditions as defined in the current version ofthe Highway Capacity Manual. "Sale" shall mean the exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes. "Satellite dish" See Antenna dish. "Schools" shall mean an institution for instruction and learning whether public or private; including pre-schools, grade schools, middle schools, high schools, colleges and universities, however not including private or vocational schools of professional training or day care or adult care centers. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units "Setback" shall have the same meaning as Yard. "Sidewalk" shall mean a concrete or other surface treatment-Jledestrian path no less than four feet in width which runs parallel to and within a right-of-way; or connects two or more non-residential parcels; or connects a parking area to the entrance of a building. "Site" Area of premises to be covered by a structure. "Street or Road, Arterial" shall mean a route providing service, which is relatively continuous, and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. Arterial roads shall generally be those roads, which provide access from collector roads, non-residential driveways or limited access highways. A Street having that meaning given in F.S. ~ 334.03(15), as may be amended from time to time. Also any street designated as a state principal arterial, state minor arterial or minor arterial according to the Transportation Element of the Comprehensive Plan. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 1 - Definitions & Rules of Construction 100-11 "Street or Road, Collector" shall mean a route providing service which is of relatively moderate average traffic volume, moderate average trip length and moderate average operating speed. Such a route also collects and distnbutes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. Also any street designated as an urban collector or local urban collector in the Transportation Element of the Comprehensive Plan. "Street or Road, Local" shall mean a road designated and maintained primarily to provide access to abutting residential property. A local street or road is of limited continuity and is not intended for through traffic. A local street or road is not a major street or road. "Street or Road, Major" shall mean any street or road with a right-of-way greater than or equal to 60 feet. Also any street designated as a State principal arterial, State minor arterial, minor arterial, urban collector, local urban collector, or any future roadway indicated as having more than two lanes by the year 2015 according to the Transportation Element of the Comprehensive Plan. See also Street or road, arterial and Street or road, collector. "Street or Road, Minor" shall mean any street or road with a right-of-way less than 60 feet. See also Street or road, local. "Street or Road, Private" shall mean a street that has not been accepted by the City, Miami- Dade County or the State of Florida for public right-of-way purposes. "Street or Road, Public" shall mean a street that has been accepted by the City, Miami- Dade County or the State of Florida for public right-of-way purposes. "Structure" shall mean anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes fixed or movable buildings, which can be, used for housing, business, commercial, storage, agricultural, office, or any other purposes, either temporarily or permanently. Structure also includes, without limitation, roads, driveways, walkways, paths, fences, patios, decks, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sheds, docks, and other accessory construction. city ofSulUlY Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions & Rules of Construction 200- 22 "Subdivision" shall mean the division of property into two or more lots, parcels, tracts, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel The term includes re-subdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or areas subdivided. "Substantial Improvement" shall mean any repair, reconstruction or improvement of a structure conducted within any 12-month period, the cost of which equals or exceeds 50 percent of the pre-destruction, pre-reconstruction value of the structure, as determined by the Property Appraiser of Miami-Dade County, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary solely to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or any inventory of local historic places. "Telecommunication Facilities" shall mean any facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. Also, [telecommunication facilities] includes any antenna or broadcast equipment located outdoors, which is used for telecommunications and not otherwise defined as a dish antenna. "Temporary Uses" shall mean uses that are required in the construction phase of development or are uniquely temporary or seasonal in nature, including: Christmas tree sales, contractors' model homes, contractors' project offices, project sales offices, seasonal sales of farm produce, carnivals and tent meetings or events. "Time Share Unit" shall mean an individual dwelling unit in an attached residential multi- family development; said unit held under interval ownerships by multiple individuals, each with rights to use and assign through a management company the use of the dwelling unit during specified time periods during a calendar year and all floor space, facilities and outdoor areas used in conunon by all tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions It Rules of Construction 200- 23 "Total Floor Area" See Gross floor area. "Town Center" shall mean that area more particularly described in the Future Land Use Element and on the Future Land Use Map in the City's adopted Comprehensive Plan and generally located between Sunny Isles Boulevard and 17200 Street. "Townhouse" shall mean more than two attached dwelling units that are constructed adjacent to each other, not one on top of another and no portion of one townhouse shall be in front or in the rear of another townhouse unit. Each unit shall be connected to the side of an adjacent unit by one party wall per side. The party walle s) shall be constructed from the foundation to the building roof and shall attach the townhouse unit(s) along their length perpendicular to the building's front and rear elevations. The length of the shortest attachment along any unit's party wall shall be no less than fifty (50) percent of the length of the building's maximum overall length, measured from the rear. "Future Transportation System Plan" shall mean the Miami-Dade County Future Transportation System Plan, as amended from time to time or any subsequently adopted Major and Collector Street Plan of the City. "Tree Survey" shall mean a document meeting the requirements of 21-HH F.A.C., which can be overlaid directly upon a site plan and must provide, at a minimum, the following information: 1) The location plotted by accurate techniques, in relation to all proposed development, of all existing non-nuisance trees which are proposed to be destroyed, relocated, impacted, or preserved; 2) The common and scientific names of each tree; and 3) The DBH of each tree, or if a multiple trunk tree, the sum DBH for all trunks. "Trip" shall mean a one-way movement ofvebicular travel from an origin (one trip end) to a destination (the other trip end). For the purposes of these provisions, trip shall have the meaning, which it has in commonly accepted traffic engineering practice and which is substantially the same as that definition in the ITE Trip Generation Manual, current edition. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 2 - Definitions It Rules or Construction 200- 24 "Trip Generation" shall mean the production or attraction of vehicle trips produced by a specific land use or activity. "Useable Open Space" shall mean common land areas, either landscaped or developed as active recreational, but not located within or on top of a residential structure. "Utility shed" An accessory detached storage building "Variance" shall mean a grant of relief from the strict enforcement of these regulations, which permits construction in a manner otherwise prolnbited by these regulations "Vehicular Use Area" shall mean areas on a parcel of land used for traffic circulation and parking which include, but are not limited to, driveways, parking spaces and access aisles, stacking areas and by-pass lanes for drive-through windows, or outdoor retail sales and display areas for new or used cars, trucks, boats or recreational vehicles. "Vehicle" A conveyance for persons or materials. "Warehouse" shall mean a business or building used primarily for storage and distnbution of goods and materials by manufactures, wholesalers, and distnbutors. "Warehouse - Self Storage" shall mean a business or building used primarily for storage of materials and personal goods by businesses and persons. A warehouse - self storage building is leased in small increments to businesses and persons which do not conduct any business activity from the leased area and do not require an occupational license pursuant to the City Code. "Waterfront" Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side. "Wetland" shall mean that land which is subject to F.S. ~ 373.019. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 25 "Wetland Mitigation" shall mean compensation for, or replacement of: lost or impacted wetland areas and functional values by the creation of new wetland areas or by the enhancement or preservation of existing wetland areas. "Wetland Mitigation Bank" means an area designated and licensed for the purpose of providing compensation for wetland impacts, and includes a resource analysis, credit assignment system and long term maintenance plan that assures persistence of the mitigation bank and the wetland functional values. "Wine" The word "wine" shall be as defined in Section 461.01(4), Florida Statutes. "Yard" shall mean an open area between a building and a parcel, lot or street easementlright-of-way line, which is within a parcel boundary; or that area within a parcel between a building and another building. This area shall be unoccupied and unobstructed from the ground upward, except for permitted encroachments otherwise allowed in these LDRs. In measuring a required yard, the horizontal distance from the furthermost projection of the main building shall be used. "Yard, Front" shall mean a yard extending across the full width of the plot between the front plot line and the required set back line. Every required front yard shall be measured at the closest point between the lot or parcel line and the structure. See also Front Street. "Yard, Rear" shall mean a yard extending across the full width of the plot between the rear plot line and the required set back line. Every required rear yard shall be measured at the closest point between the lot or parcel1ine and the structure. "Yard, Side" shall mean a yard extending from the front yard to the rear yard, between the side plat line and the required set back line. Every required side yard shall be measured at the closest point between the lot or parcel1ine and the structure. "Zoning Parcel" shall mean a parcel of land included in a specific zoning district by adoption of the Official Zoning Map or a parcel of land rezoned by ordinance. "Zoning, Planning and Building Director" shall be the director of the Department of Zoning, Planning and Building or the designee as appointed by the City Manager. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 1 - Definitions & Rules of Construdion 100- 16 Section 202: Rules of Construction. In the interpretation of the language of these LDRs, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the City Commission. 202.1 Generally. Terms used in these regulations, unless otherwise specifically provided, shall have the conunonly understood meanings, per definition contained within these LDRs, or the meaning reasonably ascn"bed to them by the City Conunission. In the interpretation and application of any provision of these regulations, the provision shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these LDRs imposes greater restrictions upon the subject matter than a general provision imposed by another provision of these regulations or other City ordinance, the provision imposing the greater restriction or regulation shall be deemed to be controlling. 202.2 COIIlPutation of time. The time within which an act is to be performed and completed shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday recognized by the City, that day should be excluded. 202.3 Administrative delegation of authority. Whenever a provision of these LDRs requires any City officer or employee to do some act or perform some duty, these Land Development Regulations shall be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specifY otherwise. Following any reorganization of the structure or duties of existing departments, authority shall be delegated to the appropriate successor department or division. 202.4 Gender. Words importing the masculine gender shall be construed to include the feminine and neuter and vice versa. 202.5 Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 27 202.6 Number. A word importing the singular number may extend and be applied to several persons or things as well as to one person or thing. The use of the plural number shall be deemed to include any single person or thing. 202.7 ShaH May. The word "shall" is mandatory; "may" is permissive. 202.8 Tense. Words used in the past or present tense include the future as well as the past or present. 202.9 Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. 202.10 Year. The word "year" shall mean a calendar year, unless otherwise indicated. 202.11 Day. The word "day" shall mean a calendar day, unless otherwise indicated. 202.12 Boundaries. Interpretations regarding boundaries of zoning districts shown on the Official Zoning Map shall be made in accordance with the following: 1 ) Centerlines as boundaries. Where such boundaries are indicated as approximately following the center1ines of streets, alleys, or waterways, such lines shall be construed to be such boundaries. 2) Property lines and the like as boundaries. When such boundaries are indicated as approximately following the lines of lots or other parcels of record, such lot or parcel lines shall be deemed to be such boundaries. 3) Boundaries dividing a Parcel of Land. Where a zoning district boundary divides a parcel of land, the location of such boundary, unless dimensions shown on the map indicate the same, shall be determined by use of the scale appearing thereon, and scaled to the nearest foot. 4) Boundaries in or adjacent to bodies of water. a) Where district boundaries appear to follow shorelines or centerlines of bodies of water, they shall be construed as following such shorelines or centerlines. In case of change in shorelines or course or extent of water, the boundaries shall be construed as moving with the change. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 28 b) Boundaries indicated as entering any body of water, but not continuing to intersect with other zoning boundaries or with the Iimits of jurisdiction of the City, shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning boundaries or with the limits of jurisdiction. c) Boundaries indicated, as approximately following mean high water lines or centerlines of canals, bays, or other bodies of water shall be construed as following such mean high water lines or centerlines. 5) Boundaries indicated as parallel to or extensions of features listed. Where district boundaries are indicated as parallel to or extension of features listed above, they shall be so construed. 6) Dimensions. Where dimensions are not otherwise indicated on or by the Official Zoning Map, the scale of the map shall govern. 7) Variation of actual location from mapped location. Where physical or cultural features existing on the ground are at variance with those shown on or by the Official Zoning Map, the actual location shall govern. 8) Intetpretation of Uncertainties. Where uncertainties continue to exist and/or further interpretation is required beyond that presented in the above paragraphs, the question shall be presented to the Zoning, Planning and Building Director in accordance with the provisions of these LDRs. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 2 - Definitions & Rules of Construction 200- 29 Chapter 3: DECISION-MAKING AND ADMINISTRATIVE BODIES Section 301: City Commission. 301.1 Powers and duties. In addition to any authority granted to the City Commission by State law, the Charter of the City of Sunny Isles Beach, or the Code of Ordinances of the City of Sunny Isles Beach, the City Commission shall have the powers and duties listed herein in regard to the LDRs. The City Commission's authority shall include but not be limited to approval, approval with conditions, or modifications or denial. The City Commission is designated as the land-planning agency for the City. a) To act as the local planning agency under F.S. ~ 163.3174. b) To adopt and amend the Official Zoning Map in accordance with the procedures outlined herein. c) To adopt amendments these LDRs and the Comprehensive Plan. d) To review and act upon applications for conditional uses in accordance with these LDR's. e) To review and act upon applications for certain temporary uses m accordance with these LDR's. f) To review and act upon variances from the development standards of these regulations. g) To interpret uncertainties within the LDR's. h) To hear and determine appeals from levels of service compliance m accordance with the procedures ofthis chapter. i) To review and act upon final plats prior to recording in accordance with the procedures outlined herein. j) To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, determination made by any administrative official acting pursuant to the LDRs, except where State or City regulations or these LDRs specifically provide otherwise. k) To review and act upon applications for development approval for developments of regional impact (DR!) and to issue development orders in accordance with these LDR's. City of Sunny Isles Beach-Land Development Regulations Chapter 3-DeeisiH-Makialaad Admiaistrative Bodies 300- 1 Adopted December 10,2002 1) To enter into development agreements. m) To review and act upon plat revisions in accordance with these LDR's. n) To review and act upon appeals to vested rights determinations. Section 302: Development Review Process. The City Manager is hereby authorized to establish a development review process and to review and render recommendations on applications for development, conditional uses, temporary uses, variances, plats, development agreements, vested rights determinations and site plans and any other approval, condition or action contemplated by these LDR's and the Comprehensive Plan. city of Sunny Isles Beach-Land Development Regulations Chapter J-DeeisiOD-Makiala.d Administntive Bodies 300- 2 Adopted December 10,2002 Chapter 4: COMPREHENSIVE PLAN Section 401: Purpose. The City of Sunny Isles Beach Comprehensive Plan was adopted pursuant to the requirements and authority of F.S. Ch. 163, pt. II (the "Local Government Comprehensive Planning and Land Development Regulation Act") and Rule 9J-5 and 9J-l1 of the Florida Administrative Code. The purposes of the City of Sunny Isles Beach Comprehensive Plan are defined in F.S. Ch. 163 and the City of Sunny Isles Beach Comprehensive Plan. Section 402: Legal status of the Plan. No development order shall be issued under the provisions of these LDRs unless consistent with the goals, objectives and policies of the Comprehensive Plan. Section 403: Amendments. The Comprehensive Plan may be amended in accordance with this section and the notice and hearing procedures as set forth in the LDRs and applicable Florida Statutes. Corrections, updates, or modifications of current regulations, which were set out, as part of the Plan shall not, for the purposes of this section, are deemed to be Plan amendments. 403.1 Who May File. Any person, board, agency or their authorized representative affected by the City's Comprehensive Plan may apply to amend the Plan, except as provided herein. An application to amend the Land Use Plan Map may only be filed by the City Administration, City Commission or an owner of real property subject to the amendment. 403.2 Application Requirements. Applications shall be made on a form specified by the Department of Zoning, Planning and Building and shall be accepted during the filing periods established pursuant Section 403.3 herein below. The applicant shall submit all information required to adequately address the filing requirements adopted by the Department of Community Affairs and if applicable, the requirements of Miami-Dade County. In addition, the applicant shall submit all other information determined by the City of Sunny Isles Beach-Land Development Regulations Second Reading - Adopted December 10, 2002 CHAPTER 4 -Comprehensive Plan 400-1 Zoning, Planning and Building Director to be necessary to address the comprehensive planning criteria of the City. A fee covering the costs of processing an application for a Plan amendment shall be established from time to time by ordinance and shall be submitted with the application. 403.3 Limitations On Number of Amendments. The City Administration shall establish a schedule for the acceptance of applications for amendments to the Comprehensive Plan. The limitations of F.S. ~ 163.3187 et seq., as amended, regarding the number and type of amendments, which may be filed, shall be complied with. 403.4 Notice of Public Hearings. Public hearings shall be held in compliance with F.S. ~ 163.3184(15), as amended, and the provisions of this chapter. 403.5 Amendment Procedure. The procedure for amendment of the Plan shall be by ordinance, in accordance with F.S. ~~ 163.3184 and 163.3187, as amended. 403.6 Local Planning Agency Public Hearing. The City Commission, sitting as the local planning agency (LP A), shall hold at least one advertised public hearing on a proposed Plan amendment to review the amendment and provide recommendations. The meeting shall be noticed in compliance with the notice requirements of this chapter. 403.7 City Commission Public Hearings. The City Conunission shall hold at least two advertised public hearings on a proposed Plan amendment in compliance with F.S. ~~ 163.3184 and 163.3187, as amended. The meeting shall be noticed in compliance with the notice requirements of this chapter. 403.8 Transmittal of Proposed Amendment. Following the first public hearing on a proposed Plan amendment, the City, if appropriate, shall transmit the required number of copies of the proposed Plan amendment to the required state and county review agencies. 403.9 Adoption of Proposed Amendment. Upon receipt of the comments from the Department of Community Affairs, the City Commission shall adopt, adopt with changes or deny the proposed amendment in accordance with the provisions ofF.s. ~ 163.3184(7), as amended. 403.10 Approval of Amendment. Upon approval of a proposed amendment, the City Manager is authorized to make such amendment to the plan. City of Sunny Isles Beach-Land Development Regulations Second Reading - Adopted December 10,2002 CHAPTER 4 -Comprehensive Plan 400-2 Chapter 5: DEVELOPMENT REVIEW PROCEDURES Section 501: Procedures of general applicability. 501.1 Who May File: An application for approval of a development permit may be filed only by the owner of the land affected by the development permit or an agent of the owner specifically authorized by the owner to file such an application. In the case of an amendment to the Comprehensive Plan or Official Zoning Map, the property owner or the City of Sunny Isles Beach may file an application. 501.2 Application Requirements. Every application for a development permit shall be in a form specified by the Department of Zoning, Planning and Building and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form 501.3 Pre-application Conference. The Zoning, Planning and Building Director shall, upon request of the applicant, schedule and hold pre-application conferences for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Formal application or filing of an application and plans with the Department of Zoning, Planning and Building is not required for the pre- application conference. Failure of staff to identify any requirements at a pre-application conference shall not constitute waiver of the requirement by staff or the decision-making body. 501.4 Filing of Applications. The Zoning, Planning and Building Director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the Department of Zoning, Planning and Building shall be reviewed to determine whether the application is complete. If an application is incomplete the Department of Zoning, Planning and Building shall notify the applicant in writing of the deficiencies within 5 working days of receipt of the application. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-1 completed their review. Once the review is complete, the application will be scheduled for the next available public hearing. 501.5 Public Hearing and Notices Procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. ~ 163.3184(15) for a change to the City's adopted Future Land Use Map, F.S. ~ 166.041 for adoption of ordinances and resolutions, and the City's quasi- judicial legislation as may be amended. Written recommendations of the City Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection. Notice of the time and place of the public hearing descn"bing the nature of the application and street address of the property shall be published in a newspaper of general circulation in the City not less then ten days prior to the public hearing. A notice containing substantially the same information set forth in the published notice shall be mailed to the property owners of record located within a radius of 300 feet of the property descn"bed in the application not less than ten days prior to the public hearing. The property shall be posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the application including but not limited to the applied for zoning action and the time and place of the public hearing. All costs of advertising, mailing and posting shall be borne by the applicant. 501.6 Rescheduled Meeting Dates. Public hearings for applications may be deferred or continued by, and at the discretion of the City Commission to a meeting date certain. 501.7 Resubmission of Applications After Denial. An application for development approval may not be resubmitted for reconsideration to the City Commission for a period of one year after the date on which an application for substantially the same development approval has been denied by City Commission. 501.8 Reliance On Information Presented By Ap,plicant. The City and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his agent, in review of an application for development approval issued. 501.9 Application Annulment. If an applicant fails to act upon a submitted application within a ninety-day (90) period after receiving written comments from the Zoning, Planning and Building Director, the application will be deemed null and void. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-2 501.10 Restriction Upon Variance and Other Development Applications. Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, conditional use, temporary use, new use or site plan approval (the "approval") related to such construction work or to such use may be considered by the City Commission, unless the violation which resulted from the conduct of such construction work or the establishment or conduct of such use, is halted so as to remedy the violation of the City's LDRs. Cessation of activity is required prior to the application being submitted for review. Under those circumstances in which a permit or development order was issued for the conduct of construction work or the establishment or conduct of a use, but which nevertheless gives rise to the necessity for an approval application because of non-compliance with permit or development order conditions or otherwise, no application shall be accepted for review until the violative activity has ceased. 501.11 Quasi-Judicial Proceedings. The following applications are quasi-judicial and shall comply with the City's quasi-judicial legislation: a) Site specific rezoning. b) Conditional use applications. c) Variances, d) Development of regional impact. e) Plats. f) Site Plans. g) Any other development approval deemed to be quasi-judicial by the City Attorney. 501.12 Time Limit. Within two years after the Commission takes affirmative action approving an application for a variance, conditional use, other quasi- judicial zoning approval (other than a rezoning) or site plan approval (the "approval"), the approval must be utilized in accordance with its terms. In the event that the approval is not timely utilized, the approval by the Commission shall automatically expire and shall be considered void and of City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-3 no effect. When taking affirmative action to approve an application, the Commission may extend the time limitations set forth above, by specifically authorizing a longer period of time for utilization of the approval. Additionally, the Commission may grant a time extension for utilization of the approval upon a showing of good cause in an application for extension of time filed prior to the expiration of the initial time period. An approval shall be deemed to be utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon and the development to whic~.. such rlproval is an integral part is progressively and _ly cAR'" nclusion. 501.13 Payment of fees. All participation unit bonus fees shall be due and payable prior to the issuance of the first building permit. 501.14 General Development Provisions 1. Time Periods/Expiration - Completed Application. A completed application (as determined by the Zoning, Planning and Building Director) for a development order submitted after the effective date of these LDRs shall be valid for a period of six (6) months. The application shall expire on the six (6) month anniversary of the submission date of the application in the event a development order based upon said application has not been obtained by said date. The application shall expire earlier in the event of the final denial of the application prior to the expiration of the six (6) month period. 2. Time Periods/Expiration - Development Order. Each and every development order issued by the City pursuant to these LDRs shall be valid for a period of twenty-four (24) months from the date of issuance of the development order and a building permit must be obtained dwing said twenty- four (24) month period (and construction begun and continue thereunder) except in the event a different time period to obtain a building permit is expressly authorized by the City Commission and set forth in the development order. The foregoing sentence shall apply to development orders for all developments, inclusive of multiphase projects. A development order shall expire earlier in the event any condition or requirement of the development order containing a specific time period for performance is not timely satisfied as provided therein. In the event a building permit is not timely obtained or thereafter expires (or due to noncompliance with express conditions) and a development order expires, as provided above, it shall be deemed null and void and a new development order shall be required prior to development consistent with the LDRs then in effect. This section shaD not apply to land use plan amendments or rezoning 3. Extensions of Time. If a developer desires additional time (beyond the twenty-four (24) month or other specified period), the developer may request an extension from the City Commission by completing an application for extension prior to the expiration of the twenty-four (24) month or other specified period. The City Commission shall consider any such request on a case by case basis, and may grant an extension for a period of time deemed reasonable by the City City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-4 Commission if the developer clearly establishes good cause for the extension and that the need for the extension is based substantially on events or occurrences beyond the control of the developer; provided, however, while the (i) inability to obtain financing, (ii) volatility in the economyand/or (iii) changes in the market conditions affecting a project, as examples, may not constitute circumstances beyond the control of the developer, two or more of these factors combined and/or in combination with other relevant factor, may be sufficient as determined by the City Commission, to establish the need for the extension. 4. Building Permit Validity and Expiration. Upon issuance of a building permit to effectuate development approved by a development order, the rules and regulations of the Florida Building Code, as amended by [Miami-Dade County or City of Sunny Isles Beach], if applicable, shall determine the period of validity of the permit, subject to the City's completion date requirements as set forth in these LDRs. However, in the event a building permit expires and becomes null and void, the development order for which the permit was issued shall contemporaneously expire and become null and void. This section shall not apply to land use plan amendments or rezoning 5. Completion Date. All development authorized by a development order pursuant to these LDRs shall be complete and shall have satisfied all requirements for issuance of a certificate of occupancy or certificate of completion, as applicable, within twenty-four (24) months from the date of issuance of the building permit authorizing development as approved in the development order, except in the event a different time period to obtain a certificate of occupancy or certificate of completion, as applicable, is expressly authorized by the City Commission and set forth in the development order. If additional time (beyond the twenty-four (24) month or other specified period), is desired by a developer, the developer may request an extension from the City Commission as more particularly set forth in Section 3, above. Section 502: Permitted Uses. 502.1 Pwpose. Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the Comprehensive Plan. These uses are permitted as of right, subject to the required permits and procedures descn"bed in this section. Permitted uses require final site plan review and approval for compliance with the standards applicable to a particular permitted use as provided in these LDRs. 502.2 Permits Required. Except as explicitly provided herein, no use designated as a permitted use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits. city of Sunny Isles Beach-Land Development Regulations Adopted Dec:ernber 10, 2002 CHAPTER 5 - Development Review 500-5 Section 503: Conditional Uses. 503.1 Pwpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole, require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed, as well as the imposition of individualized conditions in order to ensure that the use is compatible with the surrounding neighborhoods and appropriate at a particular location. 503.2 Applications Requirements. No use designated, as a conditional use shall be established until after such use has received approval under the provisions of this section and has received all other permits required by these LDRs. An application for conditional use approval shall be filed with the Department of Zoning, Planning and Building on forms provided and run concurrent with site plan approval. The application shall include: a) A site plan, meeting the technical requirements for a final site plan. b) An application fee, as may be established from time to time by the City Commission. c) A written and graphic summary of the proposed project. d) Ownership affidavit and owner's sworn to consent, if applicable. e) Current certified survey. 503.3 General Standards of Review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses should meet each of the following standards: a) The proposed use shall be consistent with the Comprehensive Plan; b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; d) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-6 e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and g) The design of the proposed use shall mmumze adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. 503.4 Reviews by City Commission. The Department of Zoning, Planning and Building shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable development regulations. The Zoning, Planning and Building Director shall transmit to the City Manager a copy of the written staff report summarizing the facts of the case including all relevant documents and recommendations. The City Manager shall schedule the proposed conditional use application for the next available Commission meeting providing the required notice procedures are met. 503.4.1 Public hearing. The City Commission shall hold one public hearing on the proposed conditional use request. 503.4.2 Action by City Commission. In considering a conditional use request the City Commission shall review the proposed conditional use, the general purpose and standards of review set forth in this section, the report and recommendation of the administration and any oral and written comments received at the public hearing or submitted for the record. Based upon the record developed prior to and at the public hearing, the City Commission may, by resolution: (a) approve the proposed conditional use with or without conditions; (b) deny the proposed conditional use. 503.4.3 Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in the general standards of review and to prevent or minimize, or address adverse effects on other property in the neighborhood. The City Commission may also require formal approval of a final site plan prior to the issuance of building permits. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-7 503.5 Effect Of Approval Or Denial. 503.5.1 Eligibility To Apply For Building Permit. etc. Approval of the application for conditional use by the City Commission authorizes the applicant to proceed with any necessary applications, building permits and other permits which the City may require for the proposed development. No permit shall be issued for work, which does not comply with the terms of the conditional use approval. 503.5.2 EJij>iration Of Conditional Use Approval. Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 24 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of this time period by filing, prior to expiration within the 24-month period a letter stating the reasons for the request. The City Commission may, by resolution at a regular meeting, grant one extension of up to six months for good cause shown by the applicant. 503.6 Amendments and Alterations To Approved Conditional Uses. 503.6.1 Except as provided under Section 503.6.2 herein below, any expansion to an approved or existing conditional use shall require the same application, review, notice and public hearing and approval under the procedures set forth in Section 501 herein above. 503.6.2 Minor changes in the site plan or design details of an approved conditional use which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, may be approved by the City Manager or his designee without obtaining additional approvals. The determination of whether a change is deemed minor is in the sole discretion of the City Manager or his designee. Such minor changes will be submitted at building permit application in the form of a revised site plan, and any other appropriate documents along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the intensity, density or creation of variances or change in use or noncompliance with a condition required by the conditional use shall be considered a minor change for the purposes of this section. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-8 Section 504: Temporary uses. 504.1 Permit required. No temporary use or structure which is not otherwise treated as a permitted use or conditional use in a particular zoning district and which is not otherwise prolnbited shall be conducted or erected without a temporary use or structure permit. This section shall not override, and shall not substitute for, any other section of the LDRs, which requires another type of permit, certificate, or approval. 504.2 Reviews and Apl'roval. An application for temporary use shall be submitted and reviewed in conformance with the procedures contained in Section 501, herein above. Notice and public hearing requirements contained in Section 501 shall not apply to temporary use or structure permits. The payment of an application fee, established by the City Commission, shall be included with the application for a temporary use permit. Applications for a temporary use or structure permit shall be reviewed and approved by the City Manager or his designee, who may impose reasonable conditions upon the temporary use or structure permit. 504.2.1 The establishment of the following uses shall require a temporary use, structure permit or special events permit issued by the City. 1. Construction of on-site office trailers for a development project with final site plan approval. 11. Construction materials storage, processing and fabrication on-site for a development project with final site plan approval. 111. Construction equipment storage on-site for a development project with final site plans approval. IV. Temporary sales offices and model homes established for the express purpose of marketing a real estate development project with final site plan approval. The offices and model homes shall be located on and limited to the property, which is being marketed for sales. v. Garage sales. VI. Seasonal sales lots offering Christmas trees, pumpkins, flowers and the like; however, no temporary permit shall be issued for sales within public rights-of-way, and fireworks sales shall be subject to Fire Department approval. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-9 Vll. Sidewalk or parking lot sales by City licensed businesses. Vlll. Non-City sponsored fireworks displays and shows. lX. Carnivals, fairs, concerts, circuses or similar events. 504.3 Maximum Time Limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and structures related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project. All temporary uses shall be removed within ninety-days (90) of issuance of the final certificate of occupancy. 504.4 Revocation of Permits. Any temporary use, which becomes a nuisance, violates the conditions of the permit or is in violation of the LDRs, shall be revoked by the City Manager. Any temporary use, which endangers the public health or safety, shall be revoked immediately by the City Manager. 504.5 Exemptions. No permit for temporary use or structure will be required when such use or structure is part of a construction project by or for the City. 504.6 General Criteria and Limitations for Temporary Use Permits. 1. The temporary use must be compatible with the surrounding land uses; 11. A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for hislher site. lll. An applicant may not receive a temporary use permit for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property more than three times within a calendar year City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-10 Section 505: Variances. 505.1 Pw:pose. Definitions. Scope -. A variance is a relaxation of the terms of the LDR's where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of these LDRs would result in unnecessary and undue hardship on the property. 505.2 Limitations. Under no circumstances shall the City Commission grant a variance to increase or permit a floor area ratio, density or use not permitted under the terms of this zoning ordinance in the zoning district involved 505.3 Nonconformities not Grounds for Grant of Variance. Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of lands structures or buildings in any other district shall not be considered grounds for the granting of a variance. 505.4 Ap,plication Requirements. An application for a variance shall be filed by the owner of the property or his designated representative pursuant to the procedures set forth in Section 502 herein above. 505.5 Staff Review. The Department of Zoning, Planning and Building shall review the application to evaluate whether the application is complete and whether the proposed variance complies with the general purpose and standards set forth in this section for the granting of variances. The Zoning, Planning and Building Director shall compile a written staff report summarizing the facts of the case including all relevant documents. The complete application and staff report prepared pursuant to this section shall be transmitted to the City Manager as provided herein. 505.6 Review by City Commission. The City Manager shall schedule the proposed variance application for the next available Commission meeting providing the required notice procedures are met. 505.6.1 Public Hearing. The City Commission shall hold one public hearing on the proposed variance. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-11 505.6.2 Action by City Commission. In considering whether to approve, approve with conditions or deny the application, the City Commission shall review the application, the general purpose and standards set forth in this section for the granting of variances, staff reports, and any oral and written comments received at the public hearing. 505.7 Standards of Review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; b) The special conditions and circumstances do not result from the actions of the petitioner; c) Literal interpretation of the proVISIOns of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the applicant; (d) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. (e) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; (f) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and (g) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. 505.8 Conditions and Safeguards. In granting a variance, City Commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this Section and to prevent or minimize adverse effects on other property in the neighborhood. Violation of such conditions and restrictions, when made a city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-12 part of the terms under which the variance is granted, shall be deemed a violation of these LDRs and grounds for revocation of the variance. 505.9 EJq)iration of Approval. The approval of a variance shall be void if the recipient does not obtain a building permit or other development order for the proposed use within twenty-four (24) months after the granting of the variance. An applicant who has obtained approval of a variance may request an extension of this time period by filing, prior to expiration within the 24-month period, a letter stating the reasons for the request. The City Commission may, by resolution at a regular meeting grant one extension for good cause shown by the applicant 505.10 Amendments and Alterations to Approved Variances: 505.10.1 Except as provided under section 505.10.2 herein below, any expansion of an approved variance shall require the same application, review and approval as required under the procedures set forth under Section 505.7 herein above. 505.10.2 Minor changes in the site plan or design details of an approved variance which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, and landscape changes may be approved by the City Manager or his designee without obtaining additional approvals. . The determination of whether a change is deemed minor is in the sole discretion of the City Manager or his designee. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the approved variance, creation of variances or change in use shall be considered a minor change for the purposes of this section. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - DevelopDlent Review 500-13 Section 506: Amendments to the Land Development Regulations and Omcial Zoning Map. 506.1 PuJ:pose. The purpose of this section is to provide a uniform procedure concerning the review of and proposals for amendments to these regulations and zoning designations, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the City Commission may, by ordinance duly adopted in accordance with the procedures set forth herein, amend and/or supplement the LDRs, the zoning district boundaries or classifications of property now or hereafter established or by amendment hereto. All amendments of the LDRs or Official Zoning Map shall be consistent with the adopted Comprehensive Plan. 506.2 Initiation. The City Manager or the City Commission may initiate an amendment to the text of the LDRs. Any affected person may apply to the City to amend the text of the LDRs. An amendment to the Official Zoning Map may be initiated by the City Manager, City Commission or by any person owning property within the area proposed for change on the Official Zoning Map subject to the payment of an application fee to cover the cost of processing the application. 506.3 Application Requirements. Applications for amendment to the Zoning Map and text of the LDRs shall be on an application form specified by the Zoning, Planning and Building Director. The information in the application shall address the standards of sections 506.6 and 506.7 506.4 Reviews by Staff The Department of Zoning, Planning and Building shall review applications for amendment to the text of the LDRs and amendments to the official zoning map and compile a written report which summarizes the facts of the case including all relevant documents, and evaluates the proposed amendment with the general purpose and standards set forth in this section. The Zoning, Planning and Building Director shall transmit a copy of the staff report to the City Manager. 506.5 Reviews by City Commission. The City Manager shall schedule the proposed amendment for the next available City Commission meeting providing the required notice procedures are met. The City Commission city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-14 shall review all amendments to the Official Zoning Map and amendments to the text of the Land Development Regulations. 506.5.1 Public hearing. In order to adopt an Ordinance the City Commission shall comply with the notice and procedures set forth in F.S. ch. 166 and the public hearing shall be conducted in accordance with the provisions of this chapter. 506.5.2 Action by City Commission. In considering an amendment to the text of the LDRs or the Official Zoning Map, the City Commission shall review the proposed amendment, the general purpose and standards set forth in this section, the report and recommendation of the administration, and any oral and written comments received at the public hearing. Based upon the record developed at the public hearings, the City Commission may: a) Adopt the proposed amendment with or without modifications; or b) Deny the request 506.6 Standards For Reviewing Proposed Amendments to the Official Zoninfl ~. In deciding whether to recommend approval of a proposed amendment, the Administration and the City Commission shall determine whether or not: a) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. b) The proposed zoning district is compatible with the surrounding area's zoning designation( s) and existing uses. c) The subject property is physically suitable for the uses permitted in the proposed district. d) There are sites available in other areas currently zoned for such use. e) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. t) The proposed change would adversely affect traffic patterns or congestion. g) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-15 facilities, and other public facilities and services would be adversely affected. h) Whether the proposed change would have an adverse environmental impact on the vicinity. i) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. 506.7 Standards for Reviewing Proposed Amendments to the Text of the LDR. In deciding whether to recommend approval of a proposed text amendment, the administration and the city commission shall consider whether or not: a) The proposed amendment is legally required. b) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. c) The proposed amendment is consistent with the authority and purpose of the LDRs. d) The proposed amendment furthers the orderly development of the City. e) The proposed amendment improves the administration or execution of the development process. 506.8 Zoning in Progress. Applicability. temporary hold on Permits and Licenses 506.8.1 Purpose. The zoning in progress doctrine ("zoning in progress") generally allows the City to apply, on a retroactive basis, changes to zoning regulations or to the zoning district status of property, to previously approved or currently in process development applications. Additionally, the zoning in progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress, that would affect the permit or license. 506.8.2 Temporary Hold on Development Applications. When an amendment in the LDRs or in the application of any particular zoning district classification to land is being considered, the City city ofSuDDy Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-16 may impose a temporary hold on any development applications pending before the City with respect to the area or the zoning regulatory text which is the subject of the amendment. The hold shall commence upon the date that that the City Commission directs staff to investigate or when staff advises the City Commission that it is pursuing an amendment to these LDR's. And shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-17 Section 507: Subdivision Plat Approval. 507.1 Pwpose. The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177. 507.2 Plat Required. Whenever land is subdivided in the City a plat must be recorded in the Official Records of Miami-Dade County. No plat of subdivision lying within the City of Sunny Isles Beach shall be recorded in the Official Records of Miami-Dade County until the City Commission approves the plat. No building permit shall be issued unless the City Commission has approved a final plat and recorded. Furthermore, no certificate of occupancy shall be issued prior to the final plat~ including the parcel or parcels of land on which a building will be constructed, has been recorded in the Official Records of Miami-Dade County. A building permit may be issued for an essential governmental facility after plat review where the City Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the City determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. A certificate of occupancy shall not be issued until the plat is recorded. 507.3 Conformity to Comprehensive Plan. The City shall consider no plat application unless the proposed plat is in conformance with the City's adopted Comprehensive Plan. 507.4 Preliminaty Plat. Advice and Comments at Developers Option. Upon request of the applicant and payment of an application fee, a preliminary plat may be reviewed by the Department of Zoning, Planning and Building. The comments and advice of staff, however, shall not be binding on the City or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission. 507.5 Final Plat Review. All final plats must be submitted to the City Commission for approval. No final plat, however, shall be scheduled for said approval until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-18 authority contained in this chapter. No application for final plat will be accepted by the City without approval of a corresponding tentative plat by Miami-Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to City and Miami-Dade County requirements. The Zoning, Planning and Building Director shall submit the report to the City Manager, for transmittal to the City Commission. The City Commission shall approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations 507.5.1 Format of Final Plats. A land surveyor registered in the state shall prepare the final plat. The final plat shall be clearly and legibly drawn to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than one-eighth of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and State laws dealing with the preparation of plats. 507.5.2 Final Plat Application Requirements. The final plat and application shall be filed with the Department of Zoning, Planning and Building on forms provided by the department. The application shall be submitted along with the required number of copies and an application fee as established by the City. The recording costs for legal documents and fees for notification shall be paid prior to and as a condition for the plat to be submitted for public hearing before the City Commission. The following information shall be part of the final plat unless waived by the Director: a) Name of the subdivision. The plat shall have a title or name. The title of the plat shall include the name of the City and the section, township and range of which such platted land is a subdivision. The Department of Zoning, Planning and Building shall disapprove any name or title, which is similar to the name of any previously, approved plat in the City and which may cause confusion. b) Deed description. There shall be printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-19 to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a re-subdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law. c) A sealed current topographic survey ("plat survey"). The plat survey shall cover the entire area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The plat survey shall contain at a minimum the following information: 1. Property boundaries; 2. Existing watercourses, canals and bodies of water within or adjacent to the plat limits; 3. Existing easements within or adjacent to the plat limits and the purposes for which the easements have been established; 4. Existing streets and alleys on or adjacent to the tract, including name and right-of-way width; 5. All encumbrances and restrictions specified within the owner and encumbrance report. d) Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features. e) Names of adjacent subdivisions. f) Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well as similar facts regarding property immediately adjacent. g) The width and location of any street or other public ways or places shown on the City or County Future Transportation System Plan within or adjacent to the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer. 1. All plat boundaries. City ofSuony Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-20 2. Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately descnDed on the plat. 3. Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing. 4. Accurate location of all monuments. 5. Length of all arcs, radii, internal angles, points of curvature and tangent bearings. h) Date offield survey, north point and geographic scale. i) Legal description and plan of proposed layout made and certified by a Florida licensed land surveyor along with a lot parcel analysis, including the smallest lot size, largest lot size, number of lots, acreage in each parcel, and number of parcels. j) Where lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown. k) The name or numbering and right-of-way width of each street or other right-of-way shown on plat. I) The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat. II m) A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way. n) Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; re-subdivision of parcels as "platted, II and restrictions of similar nature. 0) Written confirmation from all utilities franchised to operate in the City relative to the adequacy of proposed easements shown on the plat and their ability to co-exist with other utilities, which may be placed within the easement. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-21 p) Schematic subdivision improvement plans for the improvements necessary to bring water, sewer and public access to the project, including all off-site improvements required by the platting process, shall be submitted in conformance with this code. q) Legal documents in draft form ensuring perpetual maintenance of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other conunon areas. r) An original title certificate or an attorneys opinion of title, and a tax letter or receipt from Miami-Dade County. s) Miami-Dade County DERM environmental reVIew and resulting comments. t) All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service. u) The dimensions of all lots and angles or bearings. v) Location, dimension and purpose of any easements. w) Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown. x) An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption and dedication. If existing right-of- way is to be closed, purpose of closing must be stated on the plat. 507.5.3 Additional ReQ.uired Information. In addition to the plat and application form, the applicant shall submit the following information: a) A complete and current ownership and encumbrances report. b) The applicable base flood elevation information. c) A list of all easements and rights-of-way to be vacated. d) Copies of all land development and environmental licenses and permits applied for including water management, and dredge and fill permits. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-22 507.6 Endorsement of Final Plat. Upon approval of the final plat by the City Commission, the final plat shall be executed by the City Manager and attested to by the City Clerk. The Zoning, Planning and Building Director shall forward the signed original of the final plat to the applicant for County approval. 507.6.1 Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest all legal and equitable interests in the parcels of land so dedicated, to be held by the City in trust and the approval of the plat by the City Commission shall have the force and effect of an acceptance of said legal and equitable interest. Dedications to the City and the public for public purposes shall vest legal and equitable title in the City. However, nothing herein shall be construed to create any obligation on the part of the city to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the City and only for such period of time that the City elects to continue said maintenance. 507.7 Requirements for Final City Signature. Prior to final City signature upon a plat for recordation the developer shall have executed approved agreements if required by the City concerning the payment of the developer's share of required public facilities and any other requirements of the final plat approval. The sub-divider shall also provide one or more copies of the final plat, to the City in a format deemed acceptable by the City Engineer. 507.8 Time Limitations of Final Plat Approval. The burden is on the property owner to either record the plat within 12 months of City Commission approval or request :from the City Commission, prior to expiration, one extension. The burden is also on the property owner to record the plat within the time specified by Miami-Dade County. Failure to record within the time specified by either the City of Sunny Isles Beach or Miami-Dade County shall render the approval of said plat null and void. 507.9 Enforcement Provisions. 507.9.1 Recording Of Plat. No plat shall be recorded in the Public Records of Miami-Dade County or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the City Commission. In the event any such city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-23 unapproved subdivision is recorded it shall be considered invalid and the City may institute proceedings to have it stricken from the Public Records of Miami-Dade County, Florida at the property owner's cost. 507.9.2 Permits. The City's Chief Building Official shall not issue any building permit for any structure to be constructed within the City unless and until said official receives a reproducible mylar of the duly recorded plat 507.9.3 Revision Of Plat After Ap,proval. After approval by the City Commission but prior to recording any plat in the Public Records of Miami-Dade County, the petitioner shall provide to the Zoning, Planning and Building Director a copy of the subject plat reflecting all corrections and/or modifications, which may have been made subsequent to the plat approval by the City Commission. The Zoning, Planning and Building Director shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the City Commission. After review, the Zoning, Planning and Building Director will provide the petitioner with a letter, which will either authorize recordation of the revised plat or require that the revised plat be returned to the City Commission. 507.9.4 Failure To Satisfy Conditions Of AJ:lproval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the City Manager. If upon written notice by the City Manager the applicant fails to correct the failures the City Commission shall be notified. The City Commission upon notice to the property owner shall hold a public hearing. If the City Commission finds that the conditions have not been satisfied, the City Commission shall take immediate corrective action to ensure compliance. 507.10 Modifications to Recorded Plats. The modifications listed in this section may be accomplished upon a finding by the Zoning, Planning and Building Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-24 types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code: a) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. b) The division of a duplex-zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. c) The combination of lots and/or portions of lots to create a connnon building site provided that the property owner presents a unity of title recordable in the public records of Miami-Dade County, Florida and in a form acceptable to the City Attorney identifYing the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use and structures exists. Such instrument cannot be amended or modified without City approval. No combination shall be approved where approval would allow violation of any other provision of these LDR's. d) The division of a nonresidential-zoned platted parcel into not more than two parcels, when the City determines that a new public right- of-way or parcel access is not required. In this instance, the Department of Zoning, Planning and Building and Engineering Division may require that any or all of the following items be provided and approved for all parcels: 1. Current survey. 2. Sketch plat. 3. Master parking plan. 4. Secondary access plan. 5. Alley, access, drainage, utility, planting, or other easements. 6. Paving and drainage plan. 7. Sewer and water plans. 507.11 Recorded Plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section. City of Sunny Isles Beach-Land Development Regulations Adopted Dec:ernber 10, 2002 CHAPTER 5 - Development Review 500-25 Section 508: Administrative Site Plan Review. 508.1 Required. Except as provided in section 508.3 below, application for site plan approval for all developments shall be submitted to the Department of Zoning, Planning and Building for review and approval prior to the issuance of building permits. The Department of Zoning, Planning and Building shall evaluate the site plan as it relates to conformance to the LDRs and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the City of Sunny Isles Beach and promote the health, safety and welfare of its citizens. Site plans shall be submitted to the City Commission for final consideration at a pubic hearing in accordance with the procedures set forth in Section 501 herein above. 508.2 Application Required. Application for site plan review and approval shall be submitted to the City in writing by the property owner or authorized representative on forms provided by the Department of Zoning, Planning and Building. A fee as established by the City Commission shall be paid by the applicant. 508.3 Exempt Development. The following activities shall not require submission of a site plan pursuant to this section: a. The deposit and contouring of fill on land. b. Construction of a single-family home on an existing single-family lot. c. Construction of a single residential duplex on an existing residential duplex lot. d. Land clearing activity done in compliance with a valid land-clearing permit issued pursuant to the LDR and a City engineering permit. e. Demolition. f. Storage sheds on single-family residential lots, gazebos and tiki huts provided all other requirements of these LDRs are met. 508.4 General Site Plan Application Requirements. All site plans must be prepared, signed and sealed by one or more of the following professionals: city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-26 a. A landscape architect registered by the State of Florida. b. An architect registered by the State of Florida. c. A civil engineer registered by the State of Florida. d. A land surveyor registered by the State of Florida. 508.5 Site Plan Submission Requirements. An application for site plan review shall include 5 sets offolded and collated plans containing the following: a. Sealed current survey prepared by a Florida registered land surveyor, certified as to meeting the requirements of Chapter 2100-6, Florida Administrative Code. At a minimum the survey shall show the property's topography, water bodies, easements, rights-of-way, existing structures and paved areas. This survey shall be based upon current ownership and encumbrance report and shall so be stated on the survey itself. b. A tree survey is required if there are indications of existing native tree species or mature trees or palms not on the Miami-Dade County list of exotic or invasive species on the site when development is proposed within City areas of particular concern as identified in the City's Comprehensive Plan. The tree survey shall comply with the following minimum standards: 1. Tree surveys shall be prepared by and bear the seal of a registered land surveyor licensed to practice in the State of Florida. Tree species shall be identified by a registered landscape architect licensed to practice in the State of Florida 2. Surveys shall delineate property boundaries, easements, and rights-of-way, bodies of surface water, and protected trees or groupings of trees. The species of trees to be removed or relocated shall be identified. In the case of a grouping of trees, the predominant species mix and estimated number shall be identified. Trees or areas of vegetation, which are required to be preserved, shall be delineated. Areas infested with prolnbited or controlled plant species shall also be delineated and identified. Surveys shall also indicate such other information as may be required by the Department of Zoning, Planning and Building that is reasonable and necessary for the adequate administration of this section. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-27 c) Site development plans (Scale to be 1 "=20' unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following: 1. The location, size, and height of all buildings, walls, fences, walkways, driveways, parking areas and loading areas. 2. The building and floor plan, including roof plan. 3. Location, character and enclosure of all outside facilities for waste storage and disposal. 4. Exterior elevations with material and color designation. 5. Landscaping plan (signed and sealed by a Florida registered landscape architect). Plans shall include required and provided quantities of plant materials. 6. Location, size, character, height and orientation of all signs. 7. Placement, height, and fixture design of all exterior lighting fixtures and certification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the foot-candle levels at the adjacent private property lines. 8. Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300 feet of the subject property. 9. Information as to all perimeter buffer requirements for adjacent properties. 10. A master site plan is required for all phased development. 11. Site data information including but not limited to zoning districts, permitted and proposed FAR, lot coverage, open space, parking, building height, density, setbacks and lot size information. 12. Details ofall types of parking spaces provided. 13. All signage locations, types and details. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-28 14. Engineering plans (scale to be 1 "=20' unless prior approval is received otherwise) including water, sewer, paving and drainage and utility locations. 15. Locations and details ofall entry features (if applicable). 508.6 Site Plan Review: The Zoning, Planning and Building Director shall evaluate the site plan as it relates to conformance to the requirements of these LDR's and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures 508.7 City Commission Review: Except for plans qualified for exception under Section 508.3, upon a determination by the Planning and Zoning Director that a site plan complies with the review criteria stated in section 508.6, all site plans will be placed on the quasi-judicial portion of the City Commission agenda for final City Commission action. Action by the City Commission shall consist of one of the following: (a) continue or table the site plan in order to obtain additional information or, (b) approve, approve with conditions or deny the site plan. 508.8 Approved Plans. An approved site plan shall remain valid for a period of 24 months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void. Additionally, if at anytime building pennits lapse the site plan shall be considered null and void. An extension may be granted by the City Commission if the applicant shows good cause in the delay in obtaining building pennits if requested prior to expiration. 508.9 Site Plan Revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section, the fee for processing the revision shall be the same as the initial submittal. All other revisions shall require a minor modification-processing fee as established by the City Commission. (A) Major modification. Any change to an approved site plan that does not meet the criteria for review as a Minor modification shall be deemed a Major modification. All Major modifications shall be processed in the same manner as an original site plan. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-29 (B) Minor modification. The City Manager or hislher designee shall administratively approve "minor" changes and deviations from an approved site plan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved plan. An amendment shall be considered a Minor modification ifin compliance with each of the following limitations: I) The change is a non-use modification; 2) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of Ordinances; 3) There is no change in the exterior building design; 4) There is no increase in the number of average daily trips; 5) The change does not alter the location of any points of access to the site; 6) The changes does not substantially decrease the value of or substantially change the character of any improvement or amenity; 7) Any changes to landscape material, location, planting techniques, species, or size are deemed necessary by the City Manager or hislher designee due to availability or site conditions; and 8) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. (C) Upon considering whether a modification has met the criteria to be deemed a Minor modification, the City Manager or hislher designee, shall render a decision as to whether the modification shall be reviewed. The City Manager or hislher designee shall have the discretionary authority to require City Commission review of any modification whether Minor or Major. (D) The City Manager shall file a written report to the City Commission advising of any minor modifications to a previously approved site plan. 508.10 Engineering Plans. No building permit shall be issued for any approved site plan unless and until all final engineering plans for water, the City's engineer approves sewer, roadway and drainage systems and a permit for it city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-30 has been issued. Prior to the issuance of a building permit the applicant shall provide a copy of the approved site plan, on disc, in a format compatible with the City's engineering applications. 508.11 Mylar Copy of J\pproved Site Plans Required. Following City sign off, but prior to the issuance of a building permit, a Mylar copy of the approved site plan shall be submitted to the Department of Zoning, Planning and Building. The Mylar shall be in the same scale and identical to the approved site plan. 508.12 Conformance with Ap,proved Site Plans. Prior to the issuance of a Certificate of Occupancy, two as-buih surveys shall be submitted to the Department of Zoning, Planning and Building. The as-built surveys shall be in the same scale as the approved site plan Mylar. In case of any conflicts the approved site plan shall prevail. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-31 Section 509: Engineering Permits. 509.1 Pur,pose. The review of engineering plans and subdivision plans by the City and the issuance of the appropriate permits is required to ensure that all work is performed in conformance with accepted engineering standards and practices, and City specifications; and that all work is completed in a timely manner. 509.2 Engineering Construction Permit. No land development activity including, without limitations: clearing and grubbing; :fil1ing or excavation work; road construction; underground utility installation and/or rehabilitation; and/or other development, construction or improvement activity shall commence without first obtaining engineering plan approval, an engineering construction permit, and paying the appropriate fee and bond as required. 509.3 Engineering Excavation Permit. No excavation shall commence without first obtaining engineering plan approval of the excavation activity, an engineering excavation permit, and paying the appropriate fee and bond as required. 509.4 Annual Permit for Excavation. An annually renewable engineering permit issued in accordance with the regulations of this chapter shall not be transferable and shall be obtained prior to commencing any excavation or resource extraction activity pursuant to this chapter. Said permit shall be renewed on the first day of each calendar year, subject to compliance with all City requirements and regulations and the payment of any required fees and bond as required. 509.5 Engineering Right-of-Way Crossing Permits. No right-of-way crossings that involve the cutting or removal of pavements shall commence without first obtaining plan approval, an engineering right-of-way crossing permit, and paying the appropriate fee and bond as required. 509.6 Revocation of Engineering Permits. The City may revoke an engineering permit pursuant to any of the following situations: a. City final plat approval has expired. b. The security posted with the City to guarantee the construction of the subdivision improvements is in default or has expired. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-32 c. Failure to commence engineering construction within one year of the date of the engineering permit issuance and/or lapse of the engineering work on the site for a period of greater than three consecutive months when there is no active City building construction permit in effect on the site. d. The absence of a designated developer's engineer of record for a period of seven consecutive calendar days. Said engineer shall be as defined in F.S. ch. 471, representing the developer, in responsible charge of the permitted engineering work at all times. (Any successive developer/builder's engineer for the job shall be able to document and produce, upon request, evidence that he or she has, in fact, repeated all the work done by the original engineer, per the requirements of Chapter 61 GIS - 27.001 of the Florida Administrative Code.) e. Failure to maintain a safe building site as determined by the Chief Building Official in accordance with City Code. The Public Works Director or his designee shall notify the developer in writing that it intends to revoke an engineering permit. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-33 Section 510: Reviews of Building Permits. 510.1 Pw:poses and Applicability. The building permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by the LDR must be applied for and obtained before an application for a building permit may be considered for approval by the City. The Florida Building Code as amended, is hereby adopted as the regulation governing the construction of buildings and structures in the City. Any qualified applicant desiring a permit to be issued by the Chief Building Official as required, shall file an application in writing on a form provided by the Department of Zoning, Planning and Building for that purpose. No development shall occur until and unless the Building Division has issued a building permit. 510.2 Ap,plication Requirements. Each application shall descnbe the land on which the proposed work is to be done, by legal description and address; shall show the use or occupancy of the building or structure; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the Chief Building Official and the Florida Building Code to describe the proposed work; and shall be attested by the qualified applicant and property owner. 510.3 Action by Building Department. The Chief Building Official shall review all applications for building permits or certificates of occupancy for compliance with the provisions of the LDRs, the City Code and the Florida Building Code, as amended. The Building Department shall issue a building permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes and is compliance with any and all development orders issued in connection with the project and that all fees have been paid. 510.4 Permit Card. Upon approval of plans, specifications and application for permit and the payment of the required fee, the Chief Building Official shall issue a permit. Wrth each permit, the Chief Building Official shall issue a permit card which shall bear the description of the property, the nature of the work being done, the name of the owner and contractor and other pertinent information; and such card shall be maintained in a conspicuous place on the front of the premises affected thereby during the hours of work in progress and available on demand for examination by the Chief Building Official. city of Sunny Isles Beach-Land Development Regulations Adopted Dec:ember 10,2002 CHAPTER 5 - Development Review 500-34 Section 511: Certificates of Occupancy. 511.1 Pur,pose and Effect. No new building or structure shall be used or occupied unless and until a certificate of occupancy or completion has been issued by the Building Department. No addition or structural alteration to any existing building or structure, other than a single-fiunily detached dwelling, shall be used or occupied until and unless a certificate of occupancy or certificate of completion has been issued by the Building Department. No new non-residential use, and no change in the occupancy of an existing non-residential use, shall be established until and unless a certificate of occupancy or completion has been issued by the Building Department. 511.2 Standards and Review. A certificate of occupancy shall be issued only after the premises have been inspected and found to comply with the building code and all applicable standards and requirements for the zoning district in which it is located, and that the use or structure conforms to the plans and specifications for which the building permit was issued. 511.3 Action by BuiJdinf Department. The certificate of occupancy or completion shall be issued, or notice shall be given to the applicant specifying the reasons a certificate of occupancy or completion cannot be issued, no later than 14 days from the date the application is made by the qualified permit holder requesting issuance of certificate of occupancy or completion. No certificate of occupancy or completion shall be issued until all required City and County departments have approved all inspections. The certificate of occupancy or completion may be issued in the following forms: 511.3.1 Partial Certificate of Occupancy. A certificate of occupancy for less than the entire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for and that all requirements of the development order and the building code are satisfied. 511.3.2 ConditionaVfenworary Certificate of Occupancy. In situations where the Chief Building Official or his designee determines that life-safety concerns are not at issue, a certificate of occupancy conditioned upon the completion of specific enumerated items may be issued. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-35 511.4 Contents of Certificate. Every certificate of occupancy or completion shall be dated, shall state the use or occupancy of the land or structure involved, shall state that the use or occupancy complies with the terms of this chapter, shall state any conditions that may be applicable and shall be approved by and signed by the Chief Building Official. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-36 Section 512: Appeals. 512.1 PurJlOses and Applicability. This section is intended to provide for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LDRs or from any written order, requirement, decision, determination, or interpretation made by an administrative official or the City Commission in the enforcement of these regulations. Any person aggrieved by a decision made by an administrative official or the City Commission may file an appeal under this section. 512.2 Appeal of Administrative Decisions. All appeals of administrative actions shall be made to the City Manager, within fourteen (14) days of the administrative decision. The City Manager shall then determine within fourteen (14) days whether to refer the matter back to the administrative official or to reject the appeal and shall notify the applicant, in writing, who may then appeal to the City Commission for final action. Any appeal to the City Commission shall be in writing and filed with the City Clerk within thirty-days (30) of the date of the City Manager's determination. The City Clerk shall schedule a public hearing regarding the appeal within sixty- days (60). 512.3 Action by the City Commission. A public hearing shall be held by the City Commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The City Commission shall review the application, the report and recommendation of the administration and consider the evidence and testimony provided at the hearing. After the public hearing is held, the City Commission shall issue a written decision and order granting the relief sought in the application, with or without conditions, or denying the appeal. 512.4 Appeal of an Order of the City Commission. Appeals from any decision of the City Commission made pursuant to the LDRs shall be in accordance with Rule 9.190, Florida Rules of Appellate Procedure. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-37 Section 515: Transfen of Development Rights. 515.1 J>w:poses and Applicability This article is intended to provide for greater flexibility in the pattern of development by allowing for the transfer of development rights (unused floor area and density) from one parcel to another where preservation of open space, natural resources, historical and archeological resources, preservation of view corridors, concentration of public parking, provision of educational or public purpose objective may be achieved through such shifts in the development pattem 515.2 Definitions: Development Rights - A development right is an appurtenant right of land ownership that has an economic value separate from the land itselt: subject to reasonable regulation by local government under its police power. As referred to herein, such development right being density or intensity can be transferred from a sender site as defined below, by the owner of that site, to a receiving site also defined below, through gift or sale. Director - Director is defined as the City Manager, or his designee, as may be amended from time to time by the City Manager. LDR - Land development regulations of the City of Sunny Isles Beach consistent with the Comprehensive Plan of the City of Sunny Isles Beach. Receiver Sites -- Parcels of land located within one of the approved districts as set forth herein below to which development rights may be transferred and used. Sender Sites -- Parcels of land located in which development rights can be severed, to be transfer to a receiver site. Sever -- The removal or separation of a development right from the bundle of property rights possessed by an owner of real property. The term connotes a removal or separation, in perpetuity, as distinguished from a restriction or limitation, which may be overridden, deleted or is subject to a time frame. 515.3 Computation of Transfer of Development Rights. Owners of parcels in the "Receiver Districts" transferring development rights may transfer intensity or density from a sender site. Provided however, that such city of Sunny Isles Beach-Land Development Regulations Adopted December 10. 2002 CHAPTER 5 - Development Review 508-38 transfer of rights shall equally sever the amount of intensity and density from the sender site, as descn"bed under Section 4(a)(b). 515.4 Location of Receiver and Sender Sites. Except as provided in Section 10 herein below, parcels of land within the town center, mixed use-high density/resort, neighborhood business and community business land use categories, hereinafter sometimes referred to collectively as "Receiver Districts". Any site located within the City's corporate limits may be a sender site. a. Thirty (30010) Percent Restriction (Intensity & Density). The maximum amount of undeveloped floor area that may be transferred from a sender site to a site within a Receiver site shall be the base floor area ratio plus bonuses or density in the sender site at the time of the adoption of the Land Development Regulations. Provided however, that in no case shall the intensity or density on the receiver site exceed a thirty percent (30%) increase in the maximum permitted including bonuses, by the land use category limitations as set forth in Comprehensive Plan and the Land Development Regulations. In no case, shall the resulting density bonus increases in any given receiver site, exceed the number of dwelling units attainable on the sender site under these provisions, so as to assure no net increase in the city-wide residential dwelling units, as limited under Comprehensive Plan capacity, occurs. b. The maximum amount of density to be applied to a receiver site shall be calculated in accordance with the following provisions and limitations: For each 1,000 square feet of floor area ratio purchased or transferred an increase of one (1) unit of density shall be permitted on the Receiver Site. The total increase in density shall not exceed 30% of that permitted on the receiver site by the underlying zoning including bonuses. In no case, shall the resulting density bonus increases in any given receiver site, exceed the number of dwelling units attainable on the sender site under these provisions, so as to assure no net increase in the city-wide residential dwelling units, as limited under Comprehensive Plan capacity, occurs. c. Additional density acquired through the transfer of development right shall meet all the parking requirements under the Land Development Regulations. d. All TOR's purchased or transferred shall be used within 24 months from the date of obtaining a building permit. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER S - Development Review 500-39 515.5 Privately-Owned Sender Sites. a. Privately owned sender sites (as opposed to a publicly owned sender site) may send floor area or density to a receiver sites, provided that upon the initial transfer from privately owned sender sites, such sites shall result in the accomplishment of a public purpose consistent with the Comprehensive Plan, including, but not limited to, the creation of public parks, plazas and/or open space, the conservation of historic, sensitive, environmental and archeological resources, the protection and enhancement of waterfront, public access corridors not otherwise required by the Land Development Regulations, the erection of public parking garages to serve the town center or the development of public educational facilities and other essential public facilities on the sender site. b. In furtherance thereof: the entire sender site shall be dedicated to public ownership or preserved for public purpose utilizing a conservation easement or other recordable mechanism as defined further herein below, upon the initial transfer of development rights. Taxes on privately owned sender sites should be paid by the owner, until such dedication or adjusted when such recordable mechanism is executed. The owner of the sender site will be permitted to bank any remaining right on the site for a five (5) year period. 515.6 Transfer of Development Ri~hts from Citr-Owned Property. The cost for development rights from City-Owned property as a transferring site to any approved receiving site shall be as follows: a. A receiving site shall acquire an up to date appraisal of the property, approved by the City, prior to submitting an application to the City Commission for purchase of development rights from a sender site. The square foot cost of a development right will be based on the build-able square foot cost on the receiving property's appraisal. 515.7 Procedures Pertaining to the Transfer of Development Rights. a) Application. An applicant for the transfer of development rights from sender site on privately owned land shall file an application with the Director, who shall place the request on the agenda of the City city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 CHAPTER 5 - Development Review 500-40 Commission, after it is determined that the application is complete. An advertisement shall be placed in a newspaper of general paid circulation in the City and notice of said application shall be mail to all affected parties within a 500 foot radius, in the same manner as for zoning hearing applications. A fee for the consideration of this application shall be set from time-to-time, and shall be approved by the City Commission. i) Filing, processing and notice procedures for placing the request on the agenda shall be pursuant to conditional use procedures set forth in the LDRs. ii) The application shall include plans, construction schedules, site conditions map including a perspective and/or mass model of the proposed development, which demonstrates the "as of right" development potential as compared to the development potential utilizing the proposed transfer of development rights, status of financing and a general description of the manner in which the project shall be constructed. The plans shall include, but not be limited to, a site plan elevation, landscaping, an area analysis of surrounding properties including but not limited to street elevations, height of buildings, surrounding floor area ratio and density, impact if any of the transfer of development right to adjacent properties, copies of any covenants affecting the receiver and sending site, and any other agreements required by the Land Development Regulations and this Ordinance. iii) Every application should include the signature of all owners of all properties involved in the application (sender and receiver sites) . b. Variances. Transfer of Development Rights shall not be permitted for Receiver sites that have applied for public hearings to obtain density or floor area ratio variances for the site. c. Evaluation Criteria. A request for transfer of development rights shall only be approved if the City Commission, after it examines the information requested in Paragraph a. ii. Herein above, finds that the application is consistent with the following mandatory criteria: i) The project is consistent with the Comprehensive Plan and will not reduce the levels of service set forth in the plan. ii) The project is consistent with the intent of these regulations set forth in this Ordinance. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 508-41 iii) The project meets all other criteria set forth in the LDRs. iv) The transfer of development rights is desirable for purposes of enhancing overall development and the sender site is dedicated to public ownership or preserved for public purpose to a conservation easement or other recordable mechanism, creating view corridors, improving pedestrian environment, public right-of-way and publicly owned property, accomplishing the public purpose that is consistent with the Comprehensive Plan and Section 5 hereinabove. v) The development on the receiving site shall be designed to produce an environment of desirable character and harmony with the neighborhood, resulting in a superior quality of development and open space relationships with high standards for recreational and parking areas. The transfer of these rights shall create a logical and superior pattern of development, which would not otherwise occur if the property were developed without them. d. Review Proeedures. After review and recommendation by the department of a complete application, the City Manager or designee shall place the application on the agenda for the next available public hearing. The Commission shall recommend the approval, approval with modifications, or denial of the transfer of development rights, and may include not only conclusions but also findings of fact relating to the specific proposal, setting forth particularly in what respect the proposal would or would not be in the public interest. e. Consultants. Hiring of consultants to review data including engineering, planning, legal, technical or environmental issue, shall be chargeable to the applicant in accordance with Ordinance No. 2001- 132. 515.8 Recording of Documents. Within sixty (60) days after the Commission's decision on the request to transfer development rights, the final order prepared by the applicant, property title transferred to City (if applicable) and approved by the City Attorney's office, shall be recorded in the Public Records of Miami-Dade County against all of the properties involved in the transfer of development rights. Before the final development order is approved (building permit issued), the Developer must provide sufficient evidence to the Department Director that the TOR units required have, in fact, been secured, and prior to the issuance of a construction or building permit, the Developer must provide to the City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-42 Department, a copy of the final order as set forth herein. The final order shall be recorded against both the transfer and receiving properties and shall include the amount of development rights that were transferred and received for each property, the amount of required parking that shall always be made available to the receiving site and it shall be in the form of an irrevocable covenant running with the land, to be dissolved only if the floor area that was buih on the receiving property is completely removed. The applicant shall agree to bind itself: its successors, heirs and assigns of the property and the development with regard to the conditions, if any, that are placed on the development. The receiving sites shall then exist, in perpetuity, and any changes in the development sball not occur until approved at a public hearing by the City Commission.. All documents to be recorded shall first be approved by the City Attorney. Any changes in the development may not occur unless the City Commission approves such changes. 515.9 Penalties for Violation. Any person who shall violate a provision of this section, or fail to comply therewith, or any of the requirements thereof: shall, upon conviction in the County Court, be punished by a fine not to exceed $500.00, or by imprisonment in a county jail for not more than sixty (60) days, or both such fine and imprisonment at the discretion of the judge. Any person, who violates or fails to comply with this section, shall also be subject to fines in accordance with the code enforcement provisions of the City's Code. Each day any violation and non-compliance of any provision shall continue, can constitute a separate offense. 515.10 Civil Liability. a. Any person who violates a provision of this section or any lawful rule, regulation or written order promulgated under this section is subject to injunction or other equitable relief to enforce compliance with or prohIbit the violation of this section. Further, such person is liable for any damages to the City caused by such violation, and for the reasonable costs and expenses incurred by the City in enforcing the provisions of this section, including but not limited to the costs of enforcement inspections, preparation of enforcement reports, photographs, title searches, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due and payable upon expenditure by the City and shall become delinquent if not paid within thirty (30) days after receipt by the violator of the City's bill itemizing the enforcement costs incurred in enforcing the provisions of this section. All such delinquent sums shall bear interest at the rate of twelve percent (l~!cl) per annum. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-43 b. In addition to the foregoing, any person who violates a provision of this section or any lawful rule, regulation or written order promulgated under this section is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed five thousand dollars ($5,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each day any violation or portion of any violation occurs constitutes a separate offense. c. Upon the rendition of a judgment or decree by any of the courts of this State against any person and in favor of the City in any action to enforce compliance with or prohibit the violation of the provisions of this section, the court shall adjudge or decree against that person and in favor of the City a reasonable sum as fees or compensation for the attorney acting on behalf of the City in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 CHAPTER 5 - Development Review 500-44 CHAPTER 7: ZONING DISTRICTS 701. ZONING DISTRICTS AND BOUNDARIES 701.1 Purpose In order to effectively protect and promote the general welfare and to accomplish the purposes of the City's Comprehensive Plan, the City is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability and use that are deemed most suitable for the health, safety and welfare of the community. 701.2 Zoning Districts For the purpose of regulating the use of land, water, building, form, population density, the intensity of use and provision of open space, the incorporated territory of the City of Sunny Isles Beach shall be divided into the classes of zoning districts as presented in this chapter, Section 703, which may be referenced as the 'Schedule of District Regulations. The zoning districts contained herein generally correspond by name and purpose to the categories of the adopted Future Land Use Plan of the City's Comprehensive Plan, however, some districts may be applied to more than one future Land Use Map category. 701.3 Districts Listed Zoning districts, or classifications, as shown on the official schedule of district regulations and as delineated on the official zoning map are as follows, with titles and abbreviations for symbol purposes as indicated: Symbol Title CNS CF ROS R-l R-TH RMF -1 RMF-2 B-1 MU-R TCO Conservation Community Facilities Recreation and Open Space Single Family Residential Moderate Density Townhouse Residential Medium Density Multifamily Residential Medium - High Density Multifamily Residential Neighborhood Business Mixed Use - Resort Town Center Overlay City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 1 701.4 Zoning Map The location and boundaries of the zoning districts established by this Ordinance are as indicated on the map entitled 'Official Zoning Map, City of Sunny Isles Beach, a copy of which shall be on file in the Office of the Zoning, Planning and Building Director. This map shall be presented on section sheets and each sheet properly identified and dated, is hereby adopted as a part of this Ordinance insofar as it indicates such designations, locations and boundaries of zoning districts, and the same shall be deemed to be as much a part of this Ordinance as if the same were fully set forth herein. 701.5 Zoning of Entire Jurisdictional Area It is the intent of this Ordinance that the entire incorporated area of the City including all land, water areas, and waterways are included in the zoning districts established by this Ordinance. All water areas, waterways, alleys, roads, streets, highways, and other rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon same. 701.6 Zoning District Boundaries In the event that uncertainties exist with respect to the intended boundaries of the various zoning districts as shown on the Official Zoning Map, the following rules shall apply: a) Where such boundaries are indicated as approximately following the centerlines of streets, alleys, or waterways, such lines shall be construed to be such boundaries. In the event of vacation, the boundary shall be construed as remaining in such central location, except where ownership of vacated property is divided other than at its center, in which case the boundary shall be construed as moving with its ownership. b) When such boundaries are indicated as approximately following the lines of lots or other parcels of record, and scale to be not more than ten (10) feet distant there from, such lot or parcel lines shall be deemed to be such boundaries. c) Where a zoning district boundary divides a parcel of land, the location of such boundary, unless dimensions shown on the map indicate the same, shall be determined by use of the scale appearing thereon, and scaled to the nearest foot. d) Any zoning district boundary shown extended to or into any body of water bounding the City shall be deemed to extend straight to the City boundary. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 2 e) Boundaries indicated, as approximately following mean high water lines or centerlines of canals, bays, or other bodies of water shall be construed as following such mean high water lines or centerlines. In the case of a change in mean high water line, the boundary shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such manner to avoid such change. f) Where uncertainties continue to exist and/or further interpretation is required beyond that presented in the above paragraphs, the question shall be presented to the Planning, Zoning and Building. Any person aggrieved by such decision made by the Planning, Zoning and Building Director may appeal that decision to the City Commission 702. Interpretations of District Regulations The Sections that follow present a brief statement of interpretation of the district regulations set forth in Section 703, Schedule of District Regulations. 702.1 Statements of Purpose and Intent The purpose and intent statement presented for each zoning district sets forth the underlying and primary purpose and intent of a given district. 702.2 Permitted Uses a) It is the intent of this Ordinance to permit any use, not otherwise prohibited by law, to locate in a specified zoning district( s), either as a permitted use, a conditional use or a temporary use. In the event there is not a particular use listed in the Ordinance that corresponds with the use in question as determined by the Planning, Zoning and Building Director then it shall be interpreted that the use in the Ordinance having the most similar characteristics as the use in question shall govern except in the event the use is expressly prohtbited b) The term 'permitted uses' represents only those uses that are permitted by right in a given district and does not apply to uses otherwise allowed by conditional use approval. c) No structure shall hereafter be built or moved, and no structure or land shall hereafter be used or occupied, except for a use that is permitted in the zoning district in which the structure or land is located. d) No use shall be allowed in any district that is not permitted by the regulations for the district. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 3 703. SCHEDULE OF DISTRICT REGULATIONS 703.1 Conservation District (CNS) 703.1.1 Pur,pose. The Conservation (CNS) District is intended to protect and conserve environmentally sensitive areas that are to be left in an essentially natural state. Only those activities and uses that reinforce this character and are compatible with the continuing conservation of the natural resources located within this district are permitted. 703.1.2 Permitted Uses. No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses subject to all other applicable standards and requirements contained in this ordinance: (a) Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways. (b) Fishing, boating and camping facilities by conditional use approval, (c) Structures used for flood contro~ drainage and water storage. (d) Wetlands and wildlife habitat reconstruction. (e) Uses which do not impair the natural environment or disturb the natural ecosystem of the area and which are not in conflict with applicable water management and wildlife protection policies of local, state and federal agencIes. (f) Waterways. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700- 4 703.2 Community Facilities (CF) 703.2.1 Pw:pose. The Community Facilities (CF) District is intended for federal, state and local government activities, public health, recreational, cultural, religious or educational activities, transportation facilities, public facilities and utilities and other similar facilities that generally serve and benefit the community. To assure compatibility with adjacent residential areas; for any particular location of a mapped CF district, residentiaVcare uses are permitted to a maximum density equal to that of the lowest permitted residential density of all adjoining districts. CF Districts may be applied to all lands except those designated Conservation (CNS) on the Future Land Use Map of the Comprehensive Plan. 703.2.2 Permitted Uses. No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) Auditoriums, libraries, cultural centers, museums and galleries related to the fine arts; neighborhood or community centers. (b) Schools, primary and secondary public or private educational facilities, colleges and universities, public and private, including business colleges, and trade schools. (c) Religious Facilities, churches, synagogues, temples or other places of worship and religious assembly. (d) Structures and uses required for the performance of a governmental function. (e) Structures and uses relating to the general operation of public facilities and utilities requiring locations within the district (such as aboveground lift stations, and electrical substations (f) Uses that is customarily incidental and accessory to the above principal uses. 703.2.3 Conditional Uses. (a) Governmentally sponsored or subsidized residential/care facilities for the aged and/or handicapped, nursing homes, convalescent homes, congregate living facilities, foster care homes and orphanages. 703.2.4 Site Development Standards. (a) Minimum lot size: 10,000 square feet. (b) Minimum lot width: 75 feet. (c) Maximum Height: 120 feet. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - S (d) Maximum Intensity / Density: 1) For residential/care uses - twenty-five (25) dwelling units per acre. 2) For all other uses the maximum floor area ratio shall be 2 (2.0) for all uses. ( e) Minimum Setbacks: 1) Front - 20 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum of fifty-feet (50). Along Sunny Isles Boulevard, the front setback shall be 10 feet. 2) Side - 10 feet plus one (1) foot for each two (2) feet of building height over thirty five (35) feet up to a maximum of fifty (50) feet. 3) Side Street - 15 feet plus one (1) foot for each (2) feet of building height over thirty (35) feet up to a maximwn offifty (50) feet. 4) Rear - 15 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum of fifty-feet (50). City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 6 703.3 Recreations and Open Space (ROS) 703.3.1 Pw:pose. The Recreation and Open Space District is intended to provide for the open space, recreation and cuhural needs of the City. The uses within this district shall be consistent with the Comprehensive Plan Recreation and Open Space Element and Future Land Use Map category. 703.3.2 Uses Permitted. No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) Open Space and recreational areas. (b) Boat Ramps and docks. (c) Outdoor cultural, educational and civic facilities. (d) Parks, public and private. (e) Waterways. (f) Uses that is customarily incidental and accessory to the above principal uses when located on the same plot. 703.3.3 Site Development Standards. (a) Minimum lot size: 10,000 square feet. (b) Minimum lot width: 75 feet. (c) Maximum Height: 120 feet. (d) Maximum Intensity / Density: The maximum floor area ratio shall be 2 (2.0). (e) Minimum Setbacks: 1) Front - 20 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum of fifty-feet (50). Along Sunny Isles Boulevard, the front setback shall be 10 feet. 2) Side - 10 feet plus one (1) foot for each two (2) feet of building height over thirty five (35) feet up to a maximum of fifty (50) feet. 3) Side Street - 15 feet plus one (1) foot for each (2) feet of building height over thirty (35) feet up to a maximum of fifty (50) feet. 4) Rear - 15 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum offifty-feet (50). City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 7 703.4 Single Family Residential (R-l) 703.4.1 J>w:pose - The Single Family Residential (R-l) District provides for low-density residential development of one-family detached dwellings of up to one (1) unit per lot at a maximum density of six (6) units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Low Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than, the Low Density Residential Land Use Category permitted uses 703.4.2 Uses Permitted - No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) One family detached dwelling per lot of record. (b) Publicly owned recreation buildings and facilities, playgrounds, playfields and parks scaled to the needs of the surrounding neighborhood. (c) Adult daycare centers and group homes licensed by the State of Florida Department of Health and Rehabilitative Services and provided that the total number of resident clients on the premises not exceed six (6) in number. The single family dwelling unit used for a group home shall be located at least one thousand (1000) feet, as measured in a straight line, from another existing unabandoned legally established daycare center or group home. 703.4. Conditional Uses (a) Family day child care and after school care for children is permitted upon compliance with the conditions of Section 710.4. (b) Religious facilities, churches, synagogues, temples or other places or worship and religious assembly. 703.4.4 Site Development Standards (a) Minimum Lot Area: 7,500 square feet. A documented lot of record may be reduced to a minimum lot area of 5,000 square feet. (b) Minimum Lot Width: 75 feet. Minimum lot width on a documented lot of record may be reduced to 50 feet for a minimum lot area of 5,000 square feet and 60 feet for a minimum lot area of 6000 square feet. (c) Maximum Height: Thirty-five (35) feet Protective structures such as balconies, railings or banisters may be increased by 40 inches. (d) Setbacks: City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 8 1) Front Yard: Minimum of twenty-five (25) feet. This setback may be reduced to twenty (20) feet for a documented lot of record with a minimum lot area of 5,000 square feet. 2) Interior Side Yard: Minimum of seven and one half (7.5) feet. For documented lot of record, this setback may be reduced to six (6) feet for a minimum lot area of 6,000 square feet and reduced to five (5) feet for a minimum lot area of 5,000 square feet. 3) Corner Side Yard: Minimum offifteen (15) feet. 4) Rear Yard: Minimum of fifteen (15) feet for principle use structures. (e) Lot coverage: The combined lot area covered by all principal and accessory buildings shall not exceed forty-two (42) percent. Landscaping and green area must account for at least 25% of the total lot area. (t) Floor Area Ratio: The maximum floor area ratio shall be six-tenths (0.60). (g) Building Spacing: Minimum of five (5) feet separation between structures. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 9 703.5 Moderate Density Townhouse Residential (R- TH) 703.5.1 Pw:pose - The Moderate Density Townhouse Residential (R-TH) District provides for low density residential development of one-family detached and duplex dwellings up to ten (10) units per net acres, and townhouse dwellings of up to thirteen (13) units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Low to Medium Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than, the Low Density Residential Land Use Category permitted uses The intent of the district is to provide increased variety in housing types with increased opportunities. for affordable housing and home ownership while maintaining the residential neighborhood character of existing districts consistent with the Comprehensive Plan policy of promoting and sustaining the formation of 'Urban Villages'. 703.5.2 Uses Permitted - No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) All uses permitted in the R-l District. (b) One family attached (two dwellings, separate ownerships, with a common wall- zero lot line interior side setback). (c) Two-family or duplex dwellings (on one lot under single ownership). (d) Townhouse Dwellings (three or more attached dwellings - multiple ownerships). (e) Uses customarily incidental and accessory to the any of the above uses when located on the same plot. (f) Adult daycare centers and group homes licensed by the State of Florida Department of Health and Rehabilitative Services and provided that the total number of resident clients on the premises not exceed six (6) in number. The single family dwelling unit used for a group home shall be located at least one thousand (1000) feet, as measured in a straight line, from another single family dwelling unit used for a group home. 703.5.3 Conditional Uses All Conditional uses permitted in the R-l District City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 10 703.5.4 Site Development Standards 1) Minimum Lot Area: 4,000 square feet for single family and duplex dwellings, and 3000 square feet for townhouse units, 2) Minimum Lot Width: 40 feet for single family, and duplex dwellings. No minimum lot width for townhouse dwellings in contiguous blocks of three or more dwellings. 3) Maximum Height: Forty-five (45) feet. 4) Setbacks: Front Yard: Minimum of ftwenty (20) feet Interior Side Yard: Minimum of five (5) feet or combined side yard often (10) feet for single-family detached units. For duplex and townhouse units, zero (0) feet for the side of common or abutting walls of attached units. A maximum of eight (8) dwellings may be constructed in a contiguous series of attached dwellings or townhouses. The minimum side separation between contiguous groupings of dwellings shall be twenty (20) feet. Comer Side Yard: Minimum of ten (10) feet. Rear Yard: Minimum of fifteen (15) feet for principle use structures. 5) Lot coverage: The combined lot area covered by all principal and accessory buildings shall not exceed fifty (50) percent. A minimum of thirty (30) percent of the lot area shall be maintained in landscaped open space and recreation space (pools, courtyards, and patios). 6) Floor Area Ratio: The maximum floor area ratio shall be eight-tenths (0.80). 7) General Design Standards for Attached and Townhouse Structures: a) Sidewalks shall connect each attached dwelling and townhouse to the public street and parking serving the dwelling unit. b) Shared driveways are permitted, with the recordation of perpetual easements to provide for the use and maintenance of the shared driveway. Courtyard style parking is permitted. Only one yard area - either the front or rear, or in the case of a comer unit the side yard shall be improved for with a driveway or parking spaces. c) All accessory structures shall be located behind the rear of the townhouse or attached dwelling. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 11 703.6 Medium Density Multi Family Residential (RMF-l) 703.6.1 Puz:pose The Medium Density Multifamily Residential (RMF-l) District provides for single family, duplex, townhouse and medium density residential development of muhifamily dwellings at a maximum density of twenty-five (25) dwelling units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Medium Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than the Medium Density Residential Land Use Category permitted uses. 703.6.2 Permitted Uses. No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) Multifamily apartments. (b) All uses permitted in the R- TH district. (c) Uses customarily incidental and accessory to any of the above uses when located on the same plot. (d) Wet dockage or moorage of private, non-commercial, pleasure craft in connection with any residential use permitted. 703.6.3 Conditional Uses: (a) All conditional uses permitted in the R-l District. 703.6.4 Site Development Standards. (a) Minimum Lot Area and Width: 1) Single Family and duplex - 4000 square feet lot not less than forty-feet (40) in width. 2) Townhouses - As required in the R- TH District. 3) Apartments: 10,000 square foot lot not less than one hundred (100) feet in width. (b) Maximum Dwelling Unit Density: The maximum dwelling unit density shall be twenty-five (25) dwelling units per acre. (c) Maximum Height: City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 12 1) For single family, duplex and townhouses, as in the R-l and R-TH Districts respectively. 2) For apartment structures, the maximum height shall be (50) feet. (d) Lot Coverage: The combined lot area covered by all principal and accessory buildings shall not exceed sixty (60) percent ofthe area of the lot. ( e) Minimum Setbacks: 1) Apartments: Front - 20 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum offifty-feet (50). Side - 10 feet plus one (1) foot for each two (2) feet of building height over thirty five (35) feet up to a maximum of fifty (50) feet. Side Street - 15 feet plus one (1) foot for each (2) feet of building height over thirty (35) feet up to a maximum of fifty (50) feet. Rear - 25 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum offifty-feet (50). Building Spacing -twenty five (25) feet 2) Single family, duplex and townhouses - as required in the R-l and R-TH Districts respectively. (f) Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with any structure, parking or loading space and shall be landscaped and improved for passive and active recreation including waterfront walkways, plazas, terraces, pools and game courts. (g) Floor Area Ratio: The floor area ratio shall not exceed 1.00. 703.6.5 Minimum Floor Areas: The minimum per unit floor area for a multiple family dwelling unit not including garage or un-air conditioned areas shall be as follows: 1) Efficiency Unit: five hundred and fifty (550) square feet. 2) One bedroom unit: seven hundred and fifty (750) square feet. 3) Two-bedroom unit: nine hundred (900) square feet. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 13 703.7 Medium - High Density Multi Family Residential (RMF-2) 703.7.1 Purpose The Medium - High Density Multifamily Residential (RMF-2) District provides for single family, duplex, townhouse, medium density and high-density residential development of multifamily dwellings at a maximum density of sixty (60) dwelling units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Medium - High Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than the Medium - High Density Residential Land Use Category permitted uses. 703.7.2 Uses Permitted - No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) All uses permitted in RMF-I district. (b) Uses customarily incidental and accessory to any of the above uses when located on the same plot. (c) Wet dockage or moorage of private, non-commercial, pleasure craft in connection with any residential use permitted. 703.7.3 Conditional Uses: (a) All conditional uses permitted in the RMF-I District. (b) Apartment Hotels (c) Convenience Retail and office as an accessory use as part of a site plan approved prior to the adoption of these LDRs. 703.7.4 Site Development Standards. (a) Minimum Lot Area and Width: I) Single Family and Two Family Dwellings - 4000 square foot lot not less than forty-feet (40) in width. 2) Townhouses - As required in the R-TH District. 3) Apartments: 10,000 square foot lot not less than one hundred (100) feet in width. (b) Maximum Height: Ci1y of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700- 14 1) For single family, duplex and townhouses, as in the R-l and R-TH Districts respectively. 2) For apartment structures, the maximum height shall be 190 feet including all rooftop equipment and further controlled by the minimum setbacks. (c) Lot Coverage: The combined lot area covered by all principal and accessory buildings shall not exceed sixty (60) percent of the area of the lot. Structures whose rooftop level is connected by walkways directly at the rooftop level to a muhifa.mily structure, and that have a flat roof structure that is fully improved with landscaping, useable plazas, terraces, active unenclosed recreation facilities and the like shall have a lot coverage, including the above described improved rooftop structures not exceeding eighty (80) percent of the lot area. (d) Minimum Setbacks: 1) Apartments: Front - 20 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum offifty-feet (50). Side - 10 feet plus one (I) foot for each two (2) feet of building height over thirty five (35) feet up to a maximum offifty (50) feet. Side Street - 15 feet plus one (1) foot for each (2) feet of building height over thirty (35) feet up to a maximum of fifty (50) feet. Rear - 15 feet plus one (1) foot for each three (3) feet of building height over thirty-five (35) feet up to a maximum offifty-feet (50). Building Spacing - The greater of twenty-five (25) feet or forty (40) percent of the height of the tallest building not to exceed sixty-feet (60). 2) Single family, duplex and townhouses - as required in the R-l and R- TH Districts respectively. (e) Minimum Open Space: 35% of the total lot area. Required open space shall be unencumbered with any structure, parking or loading space and shall be landscaped and improved for passive and active recreation including waterfront walkways, plazas, terraces, pools and game courts. (1) Maximum Floor Area Ratio: The floor area ratio shall not exceed 2.0. Additional bonus floor area ratio up to 2.5 may be allowed for waterfront developments that comply with Community Design Element Policy IE, City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 15 Recreation and Open Space Element Policy lC and Coastal Management Element Policies 3A and 3D of the City's Comprehensive Plan. . (g) Allowable Increases in Floor Area Ratio: The floor area ratio for developments that provide certain features shall be increased to a floor area ratio not to exceed 2.5 in conformance with the following provisions and limitations: a) Public Streetscape Bonus: The floor area ratio shall be increased for developments that participate in the City's Streetscape Trust Fund as established and administered by the City of Sunny Isles Beach for the purposes of implementing capital improvements Public Streetscape improvements and pedestrian system design and safety enhancements for public streets including local, collector, secondary and primary arterial roadways and public shorelines in the City are policy objectives of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of five-hundredths (.05) increase in F.A.R. shall be granted for each participation unit contributed to the capital improvement fund for roadway enhancements up to a maximum additional fifty-hundredths (0.50) F.A.R. bonus. Additional bonus floor area ratio up to 2.5 may be allowed for properties without water frontage. A "participation unit" for the purpose of the Public Streetscape Enhancement Bonus shall be equal to fourteen thousand dollars ($14,000) adjusted annually based on the consumer price index, multiplied by the total number of acres contained in the subject parcel. (h) Maximum Dwelling Unit Density: The maximum dwelling unit density shall be as set forth below: 1) Except as modified in Section a) below, the maximum number of residential dwelling units shall not exceed a density of fifty (50) dwelling units per acre. 2) Density Bonuses: a) Residential Dwelling Units. The maximum residential dwelling unit density may be increased up to a maximum of sixty-units (60) per acre. for waterfront developments that comply with Community Design Element Policy IE, Recreation and Open Space Element Policy 1 C and Coastal Management Element Policies 3A and 3D of the City's Comprehensive Plan. b) Affordable Housing Density Bonus: The maximum residential dwelling unit density may be increased by five (5) units per acre up to a maximum of sixty five (65) units per acre provided the dwelling units achieved through this bonus comply with the affordable housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 16 (i) Minimum Floor Areas: The minimum floor area for a muhiple family dwelling unit not including garage or un-air conditioned areas shall be as follows: 1) Efficiency Unit: five hundred and fifty (550) square feet. 2) One bedroom unit: seven hundred and fifty (750) square feet. 3) Two-bedroom unit: nine hundred (900) square feet. G) Convenience Retail - Apartment Developments having a minimum of three hundred (300) residential units may have convenience retail not exceeding one thousand (1000) square feet as an accessory use, provided that: 1) Such services relate to the needs of the residents of the proposed development. 2) Such services are located wholly within the primary use structure or community center structure. 3) Signage on any structure is prohibited as are window displays or displays of merchandise visible :from a public roadway except for outdoor dining tables, sidewalk cafes and the like. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 17 703.8 Mixed Use - Resort District (MU-R) 703.8.1 Purpose. The Mixed Use Resort (MU-R) District provides for high density residential development of multifamily dwellings at a maximum density of eighty (80) dwelling units per acre, hotels, apartment hotels at one hundred twenty five (125) units per acre, retail goods and services, conference facilities, and entertainment activities consistent with the City's Comprehensive Plan Land Use Element and the corresponding Mixed Use - High DensitylResort land use category. The uses within this district shall be consistent ~ but may be more restrictive than the Mixed Use - High DensitylResort Category permitted uses. 703.8.2 Uses Pennitted - No building or structure, or part thereof: within the district shall be occupied, erected, constructed, moved, reconstructed, structurally altered maintained or used, or land or body of water used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) Multifamily apartments (b) Hotels, motels, and apartment -hotels (c) Commercial services and retail goods including spas and health clubs, beauty salons, clothing, florists, gift shops, banking services, pharmacy, news stands, and restaurants only within buildings with a minimum of 100 apartment, hotel or apartment-hotel units. (d) Conferencing facilities and meeting rooms. (e) Parking lots and garages (f) Public parks and recreation facilities (g) All uses permitted in RMF - 2 district. (h) Uses customarily incidental and accessory to any of the above uses when located on the same plot. 703.8.3 Conditional Uses: (a) Time-share apartments. (b) Eleemosynary, charitable, religious and philanthropic institutions. (c) Nightclubs, private clubs, lodges, fraternities and sororities. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 18 703.8.4 Site Development Standards. (a) Minimum Lot Area and Width: 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 for lots platted after the date of adoption of these LDRs. (b) Maximum Height: 1) For single family and duplex, as in the R-l and R-TH Districts respectively. 2) For all other structures, the maximum height shall be controlled by the minimum setbacks. (c) Lot Coverage: The combined plot area covered by all principal and accessory buildings shall not exceed sixty (60) percent of the area of the lot. Structures whose rooftop level is connected by walkways directly at the rooftop level to a multifamily structure, and that have a flat roof structure that is fully improved with landscaping, useable plazas, terraces, active unenclosed recreation facilities and the like shall have a combined plot coverage of all structures, including the above described improved rooftop structures not to exceed eighty (80) percent of the plot area. (d) Minimum Setbacks: Front Setback - The minimum front setback shall be seventy-five (75) feet, provided that a porte-cochere and/or guardhouse shall be pennitted to be setback not less than fifty-feet (50). If a new structure is part of an existing development, which will remain, the front setback may be equal to the setback of the existing structure provided that the minimum setback of a porte-cochere and/or guardhouse shall no less those fifty-feet (50). Parking structures may encroach on the front setback area not closer 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. I -.-' Maximum height -.. _' - . ~ I ._.-' ~1' I _ . "r':...................................... . . 4' i - . - . : Garage structure : I ~. h..low mny h..inht 1. 10' .......................................... Colfins Front Setbacks - Illustrative Diagram City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 19 Berms and landscaping shall be provided such that no 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. Rear setback: 1) For all buildings the rear setback shall be the bulkhead line or twenty (20) feet from the rear property line whichever is closer to Collins Avenue. Interior side setbacks / View Corridors: 1) For parcels two hundred (200) feet or more in width: (i) Primaty Structures - The minimum side setbacks for primary use structures exceeding twenty (20) feet in height above grade shall be fifty-feet (50). 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 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 offifty-feet (50). (ii) For parcels adjacent to public parks, excluding easements used exclusively for access - The minimum side setback shall be_five (5) feet. Maximum Setback- < >.-" Maximum heiaht -. . _' ~~ .- Propert . - ~ I" ~ ..~............................ v In~ ..-- : : ! ........ . - : 2"d Level : 2' ----- _._--- ~. : : ............................ ~ 3' E Gerace structure one-half level below : ~.......... ..... ........... ..... ...... ......... ... ............, I Grade Side Setbacks - Illustrative Diagram City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 20 2) For parcels under two hundred (200) 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 to provide for the greatest separation from buildings on adjacent sites. (iii) 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 twenty (20) feet. (iv) For parcels adjacent to public parks, excluding easements used exclusively for access - The minimum side setback shall be_five (5) feet. (e) Minimum Separation Between Buildings. To preserve ocean views for properties west of Collins Avenue, primary use buildings exceeding 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 prolnbited 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 Zoning, Planning and Building Director that opposing building walls of the adjacent 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. (f) Maximum Building Width. In order to preserve views of the ocean for properties west of Collins Avenue: 1) For parcels two hundred (200) feet or more in width, the maximum building width, as measured parallel to Collins Avenue, of any single City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 21 structure or portion thereof exceeding twenty (20) feet in height above grade shall be two hundred fifty (250) feet. 2) For parcels under two hundred feet in width, existing as of the date of the passage of this ordinances the maximum building width, as measured parallel to Collins Avenue, of any single structure or portion thereof exceeding 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. 3) When there are two or more buildings on the same property, two (2) feet of building width may be added for each one (1) foot of building separation exceeding one hundred (100) feet. (g) Maximum Building Height. Maximum building height shall be controlled by Sections 703.8.4 (d). Setbacks and View Corridors, and Section 703.8.4 (i) - Floor Area Ratio. (h) 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 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 Commission may waive the beach access easement requirement where it is determine by the Zoning and Planning Director in a written finding that in the interest 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 crossing of Collins Avenue or it may be waived if the proposed beach access is adjacent to a public park (i) Floor Area Ratio. 1) Floor Area Calculation: For purposes of this section, notwithstanding the definition of Floor Area Ratio set forth in Section 201, floor area shall be calculated as follows: Floor area includes but is not limited to: City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 22 (a) Exterior corridor space from which access is gained to dwelling units or hotel rooms. (b) Floor space of balconies, which encroaches on a setback or building separation. (c) Floor space for accessory uses (d) Floor space in interior balconies or mezzanines. ( e) Only that portion of covered or enclosed parking structures, which exceed twenty (20) feet above grade and exceed the required parking, unless the entire structure is contained within the primary use structure tower. F~orareadoesnotincrode 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. (2) 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) (3) 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 (a) Beach Access Bonus: Part (i), Access Easement of the Beach access bonus, set forth herein below, as specifically defined in Section 703.8.4 (h) 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 for public access. For the purposes of this section, "improved" means landscaped, lighted and irrigated in a manner consistent with the adjoining development and including a paved access which may include pavers way 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 City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 23 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.A.R. 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 703.8.4 (h) above, where it is determined by the City Commission, 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.A.R. of .10 may be achieved in accordance with the following subsection (ii). (ii) Beach Access Trust Fund Contribution -_Unless waived by the City Commission per (i) hereinabove and provide that the beach access easement has been proffered as set forth in subsection (i) An additional increase in F .A.R. of five hundredths (0.05) shall be granted for each "participation unit" contn'buted 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) adjusted annually based on the consumer price index, muhiplied by the total number of acres contained in the subject parcel. If City Commission 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 contnoutions shall not exceed thirty hundredths (0.30). City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 24 (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 for the purposes of implementing oceanfront capital improvements. 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 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) adjusted annually based on the consumer price index, 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 for the purposes of implementing capital improvements. 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" contnbuted 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) adjusted annually based on the consumer price index, multiplied by the total number of acres contained in the subject parcel. (d) Sunny Isles Public Parkin~ 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 for the purposes of implementing capital improvements for public parking Public parking resources, in particular, 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.A.R. shall be granted for each ''participation unit" contnbuted to the capital improvement :fund designated for beach enhancements up to a maximum additional twenty hundredths (.20) F.A.R. bonus. A "participation unit" for the purpose of the Public Parking Trust Fund Bonus shall be equal to fourteen thousand dollars ($14,000) adjusted annually based on the consumer price index, multiplied by the total number of acres contained in the subject parcel. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 2S (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 .A.R. 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, 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 (l0,000) 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. G) Maximum Dwelling Unit Density The maximum dwelling unit density shall be as set forth below: (1) Apartments: Except as modified in Section (5) below, the maximum number of residential dwelling units shall not exceed a density of fifty-units (50) dwelling per acre. 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 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 801, 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 provision shall apply from the effective date of this Ordinance regardless of the date of the original approval or issuance of a building permit. City of Sunny Isles Beaeh-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 26 (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. (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 703.8.4 (i) 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 703.8.4 (i) 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 (k) Minimum Unit Size - For the MU-R District: (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 without a lockout room shall be five hundred and fifty (550) square feet and 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 three hundred fifty (350) square feet. (4) The minimum gross floor area for hotel unit shall be two hundred fifty (250) 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 ofthe total floor area of the unit. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 27 (I) Subdivision of Hotels and Motels (1) Definitions. 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 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. 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 (muhifamily residential unit) the minimum and average unit size shall be in accordance with Section 703.8.4(k) and parking, density and all other zoning requirements 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 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 city of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 28 Adopted December 10,2002 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: 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. This Section will not apply to any development or application for development order issued by the City Commission after the enactment of this Ordinance. 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) This section shall not apply to applications for development, public hearings or properties that have not received Certificates of Occupancy after the enactment of this Ordinance. (m) Parking Garage I Rooftop Open Space: The roof of every parking garage shall be landscaped or improved for active or passive recreational and open space use in accordance with design standards of Chapter 1001, Landscaping Requirements, 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. For parking structures which fall within a VE zone and exceed 20 feet above grade, that portion of the garage structure shall not be counted against the permitted floor area ratio or setback, provide that the garage portion which exceeds 20 feet above grade is located behind the building front setback or is located within the footprint of the principal building. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 29 (n) Loading: (1) Size: In conformance with the provisions of Sec 801.4.1, however, for the purposes of this district, one of the required loading space(s) shall have a minimum dimension of eleven (11) feet in width and thirty-five (35) feet in length. (2) 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. (0) 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. 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 703.8.4(i)(4)(e), Public Oceanfront Park and Open Space Enhancements, may be counted towards meeting the open space requirement. (P) Accessory Use Design Standards. (1 ) Business or commercial establishments permitted as conditional uses in Section 703.7.3(c) shall be located within the principal use building, 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 from Collins Avenue. In the event the use contains windows, City of Sunny Isles Beach-Land Development Regulations Adopkd December 10, 2002 ZONING DISTRICTS 700 - 30 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 beachftont. (2) Hotels which contain a night club, and/or bar on the premises, shall not have exterior store fronts or give the appearance of commercial or mercantile activity as viewed from adjoining public street right-of-way. In the event the use contains windows, which may be seen from Collins Avenue, said windows should be of fixed opaque glass. Such night club shall be entered only through the lobby, and no additional entrance shall be pennitted, 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. (3) Cabanas built after the adoption of these LDR's 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 and shall not be used as a dwelling unit. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700- 31 703.9 Neighborhood Business (B-1) 703.9.1Purpose - The Neighborhood Business District (B-1) is established to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood-oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel. Typical uses to be found in the Neighborhood Business District include a food supermarket, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices. Mixed-use developments that integrate residential over retail or office use are encouraged, especially to promote live/shop/work associations within the same site. They should be designed to be an inte~ homogeneous component of the neighborhoods they serve, oriented to pedestrian traffic as well as vehicular. Because of the nature and location of the Neighborhood Business District, they should be encouraged to develop in compact centers under a unified design that is architecturally compatible with the neighborhood which they are located adjacent to. Further, such districts should not be so large or broad in scope of services as to attract substantial trade from outside the neighborhood. Lot assembly, however, shall be encouraged to promote enhanced at-grade pedestrian and bicycle circulation systems, greater site design efficiency, especially for parking, and reduced vehicular circulation drive impacts. 703.9.2Uses Permitted - No building or structure, or part thereof: within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: 1) All uses pennitted in RMF -1 district 2) Retail Uses 3) Banks and Financial Institutions, 4) Conservatories and music and dance schools. 5) Health spas and studios 6) Hotels and Apartment-Hotels 7) Offices - business, medical and professional. 8) Pet Grooming and Supplies with no kennels or overnight animal boarding. 9) Restaurants and coffee houses or dining rooms with incidental sales of alcoholic beverages. 10) Religious facilities. 11) Schools City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 32 12) Post office and self-service postal stores for walk-up trade. 13 ) Telecommunication facilities 703.9.3 Conditional Uses 1) Open, unenclosed display and sales of flowers, fruits and vegetables as an accessory use to an adjacent established business housed in a permanent structure. 2) Open, unenclosed display and sales of retail merchandise from pushcarts and kiosks 3) Temporary public markets, festivals and special events limited to three consecutive day periods. 4) Bars, taverns, lounge provided that individual establishments shall not exceed three thousand (3000) square feet in gross floor area. There shall be a three hundred (300) foot distance separation between any two such establishments. Bars, taverns, and lounges located within a hotel and without direct grade level exposure and access to the building front setback area shall not be subject to the distance separation requirement. 5) Veterinarians and ancillary kennels fully enclosed. 703.9.4 Uses ProhIbited - The permitted uses listed in this district shall not be construed to include, either as a principal or accessory use, any ofthe following: 1) Adult Entertainment as defined in Chapter 2. 2) Pawnshops. 703.9.5 Site Development Standards- 1) Floor Area Ratio: Except as provided herein below, the maximum floor area ratio shall be two hundredths (2.0) for all uses. The floor area ratio may be increased only in accordance with the following bonus provisions and limitations and in conformance with the adopted Sunny Isles Beach Comprehensive Master Plan. (a) Enclosed Parking- Bonus: The floor area ratio shall be increased by forty hundredths (0.40) for developments that provide seventy-five (75) percent or more of the required on-site parking in enclosed structures that fully screen vehicles from exterior views (b) 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 for the purposes of implementing capital improvements for public parking Public parking resources, in particular, 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 City of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 33 Adopted December 10,2002 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 twenty-five hundredths (.25) F.A.R. bonus. A ''participation unit" for the purpose of the Public Parking Trust Fund Bonus shall be equal to fourteen thousand dollars ($14,000) adjusted annually based on the consumer price index multiplied by the total number of acres contained in the subject parcel. (c) Collins Avenue / Sunny Isles Boulevard Public Streetsawe Enhancement Bonus: The floor area ratio shall be increased for developments that participate in the City's Public Streetscape Enhancement Trust Fund as established and administered by the City for the purposes of implementing capital improvements. A bonus of five-hundredths (0.05) increase in the F.A.R. shall be granted for each participation unit contnbuted to the capital improvement trust fund designated for beach enhancements up to maximum additional thirty hundredths (0.30) F.A.R. bonus. A "participation unit" for the purpose of the Streetscape Enhancement Bonus shall be equal to fourteen thousand dollars ($14,000) adjusted annually based on the consumer price index, multiplied by the total number of acres contained in the subject parcel. (d) Site Assembly Bonus: For parcels over twenty thousand (20,000) square feet in area, the floor area ratio shall be increased by five hundredths (0.05) for each additional ten thousand (10,000) square feet of lot area up to a maximum additional fifty hundredths (0.50) F.A.R. bonus. 2) Maximum DweHinJ: Unit Density. The maximum dwelling unit density shall be as follows: a) Apartments: Except as modified in Section (3) below, the maximum number of residential dwelling units shall not exceed a density of twenty five (25) dwelling units per acre. b) Apartment-Hotels: Except as modified in Section (3) below, apartment-hotels, shall not exceed a maximum density of sixty-five (65) 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 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. 3) Dwelling Unit Density Bonus: The maximum dwelling unit density shall be increased only in accordance with the following provisions and limitations: a) DweHing- Unit Density Bonus: The maximum dwelling unit density may be increased by one (1) dwelling unit per acre for each two hundredths (0.02) City of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 34 Adopted December 10, 2002 increase in F.A.R. granted in accordance with Section 703.9.7, 1), a)-d) up to a maximum density of eighty (80) dwelling units per acre. b) Affordable Housing Density Bonus: The maximum dwelling unity density with bonuses as provided in 3) a) above may be increased by five (5) units per acre to a maximum of 85 units per acre provided the dwelling units achieved through this bonus comply with the affordable housing provisions of the Housing Element of the adopted Sunny Isles Comprehensive Plan. c) Apartment-Hotel Density Bonus: The maximum apartment-hotel unit density may be increased by one (1) unit per acre for each two hundredths (0.02) increase in F.A.R granted in accordance with Section 703.9.7, 1), a)-d) up to a maximum density of one hundred twenty five (125) units per acre. 4) Maximum Height: The maximum height of a building shall be fifty-five (55) feet above the centerline of the street for sites that have a property line contiguous with and R-1 or R- TH District. That portion of a building within one hundred (100) feet of an RMF zoned property shall be limited to three (3) feet of building height over thirty five feet above grade for every one (1) foot of distance from the RMF district. The maximum height shall not exceed 190 feet. 5) Lot Coverage: The total lot coverage pennitted for all buildings, including parking on the site shall be eighty (80) percent. 6) Minimum Setbacks: Front - Minimum of twenty-five (25) feet; Rear - Minimum of five (five) feet. except where the building abuts a residential district, the setback shall be fifteen (15) feet. Side - Minimum ten (10) feet._except where the building abuts a residential district, the setback shall be fifteen (15) feet. 6) Minimum Lot Width: One Hundred (100) feet. 7) Landscaped Open Space: A minimum of twenty (20) percent of the lot area shall be landscaped and improved with pedestrian walkways, courtyards, street furniture, lighting and plantings 8) Minimum Lot Area: 10,000 square feet. 703.10 Town Center Overlay (TCO) See Ordinance No. 2001-144. Sections 704 through 709. Reserved City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 35 710. Specific Use Regulations. The specific conditions set out below shall be applied to each proposed use. 710.1 Automobile rental. An automobile rental agency shall be permitted only upon approval after public hearing and subject to the following conditions: (a) That a continuous, densely planted greenbeh of not less than 15 feet in width, penetrated only at points approved for ingress or egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center. The shade trees shall have a minimum caliper of21/2 inches at time of planting. (b) That a decorative masonry wall at least five feet in height shall enclose the vehicle storage area and repair area,. The placement of said wall, and openings through it shall comply with the requirements contained elsewhere in this chapter. (c) That all outdoor paging or speaker systems are expressly prohibited. (d) That no repair work of any type is pennitted on premises. (e) All outdoor display areas and visitor parking areas shall be clearly designated on an approved site plan. All parking and display areas shall be paved and striped. Required yards, bufferyards, landscaping and open space shall be protected by non-mountable curbing. Merchandise shall not be displayed within any required yard or bufferyard. 71 0.2 Automotive Service Stations. The following standards, limitations and requirements shall apply to automotive service stations as principle uses: 710.2.1 Minimum Lot Area. Dimensions. Street Frontage. The minimum lot area for an automotive service station (or minimum site area reserved for use by an automotive service station where established in combination with other uses) shall be fifteen thousand (15,000) square feet. Minimum lot or site depth shall be one hundred (100) feet and the minimum street frontage for one (1) street shall be one hundred fifty (50) feet. 710.2.2 Limitations on Outdoor Storage. Display. Activities. Storage and display of products sold or equipment used incidental to normal refueling shall be entirely within an enclosed structure. There shall be no outdoor product display racks, commercial product signage, storage of tires, or other merchandise. Activities incidental to normal refueling may be City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 36 conducted outdoors while vehicles are at pump islands. Other permitted activities such as repairs, change of tires, greasing and lubrication and the like shall be conducted within enclosed buildings. All vending machines for the sale of food, drinks and sundries shall be located within an enclosed building. 71 0.2.3 Truck. Automobile and Trailer Rentals. The rental of trucks, automobiles, trailers and towing equipment as an accessory use is prohibited. 710.2.4 Limitations on Parking of Vehicles. Only vehicles awaiting service, vehicles used in road service and vehicles of employees or customers of accessory commercial services shall be stored or parked on the premises. Service stations shall not be used for performance of major repairs and shall not include the outdoor storage of disabled or inoperable vehicles. 710.2.5 Limitations Within the Town Center. Within the area designated on the Future Land Use Map of the Comprehensive Plan as the "Town Center", automotive service stations are prohibited as primary uses with frontage on public arterial and collector roadways consistent with Comprehensive Plan land use and urban design policies. Automotive service stations may be located within parking garages and primary use commercial and office structures as accessory uses with access from internal site circulation drive. 710.3 Bottle Club. Any bottle club as defined by F.S. ch. 561, shall be required to obtain conditional use approval. 710.4 Child or Aduh Care Centers. Child or aduh care centers shall be required to provide a designated drop-off and pick-up area, which is not part ofthe permanent parking for the site. All required play areas should be grassed or mulched. Paved areas shall be not being considered as play areas. Outdoor play areas shall be fenced and screened from roadways and adjacent properties. Child daycare centers in shall be permitted in R -1 District for less than six (6) children and shall be established only on lots with a minimum size of seventy-five hundred (7,500) square feet.v Child daycare centers shall provide a minimum of twenty (20) square feet of usable floor space per child. Usable floor space refers to that space available for indoor play, classroom, work area or nap space. Child care centers shall provide securely fenced outdoor play area consisting of at least four hundred (400) square feet or City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 37 forty-five (45) square feet per child in any group using the play area at one time, whichever is greater. A minimum play area shall be provided for one-half the permitted capacity, but in no case less than four hundred (400) square feet. No outdoor play area shall be located in any required ftont yard. Where the edge of any such outdoor play area is closer than thirty-feet (30) to any side or rear lot line, an intervening masonry wall not less than five (5) feet in height shall be maintained along such edge. Child care centers established as accessory uses in retail centers or other commercial establishments for short-term care of children of shoppers need not provide outdoor play area. All outdoor play activities on the premises shall be conducted within the fenced play area, limited to the hours of8:00 am to 6:00 pm. 71 0.5 Drive-throutPt windows. All uses which provide drive-through service shall meet the design requirements contained in the Parking and Loading Requirements. 710.6 Drive-through facilities. Such uses shall be permitted only when located within a building that contains at least six (6) other uses, which do not have drive-through facilities, and is a part of a unified site. The drive through window shall not be adjacent to or facing a primary pedestrian pathway and vehicular access to the drive through shall be provided only via the internal circulation system of the development site. 710.7 Group Homes. The establishment of group homes shall be as regulated in F.S. ch. 419. A proposed group home of six or fewer residents within 1,000 feet of an existing group home shall be required to obtain conditional use approval. 710.8 Home Occupations 710.8.1 Authorization Home occupations are permitted in any dwelling unit subject to the approval by the Zoning, Planning and Building Director and the following provisions. 710.8.2 Use Limitations In addition to the use limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations: 1. A home occupation must be conducted by the home occupation permit applicant within the dwelling which is the primary residence of the applicant or in an accessory building thereto which City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 38 is normally associated with a residential use and shall be clearly subordinate to the principal use of the lot as a dwelling and shall not exceed twenty-five (25) percent of the floor area of the residence 2. Except for articles produced on the premises, no stock in trade shall be stored, displayed or sold on the premises. 3. There shall be no exterior evidence that the property is used in any way other than for a dwelling. 4. No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home, associated with a hobby or avocation not conducted for gain or profit, or customary for a small office. 5. No outside display or storage of goods, equipment or materials used in connection with the home occupation shall be permitted. 6. The dwelling in which the home occupation is being conducted shall be open for inspection to City persomel during reasonable hours. 7. A permit for a home occupation is valid for only the original applicant and is not transferable to any resident, address or any other occupation. Upon termination of the applicant's residency, the home occupation permit shall become null and void. 8. No sign shall be permitted. 9. There shall be no customers or clients on site 71 0.9 Outdoor Storage. All businesses, which store materials, work in progress, finished products, machinery or equipment outside of an enclosed building, shall be required to obtain conditional use approval unless otherwise specified in these regulations. This regulation shall not apply to cars or trucks used in the normal course of business parked overnight in designated parking areas. All outdoor storage shall be indicated on a site plan and buffered from adjacent properties by the required bufferyard of this chapter with the addition of a finished concrete wall. 710.10 Rehabilitation Centers. No rehabilitation center shall be established within 1,500 feet of an existing rehabilitation center, as measured from the edge of the parcel containing the existing facility. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 39 710.11 Veterinmy Clinics and ancilliuy kennels. These facilities shall be located within completely enclosed structures that are adequately soundproofed and constructed such that there is no emission of noise or odor detrimental to the surrounding area. 710.12 Warehouse-Self Storage. A warehouse-self storage facility shall not be permitted to contain businesses, which require an occupational license for the premises. No wholesale or retail sales are permitted. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. Loading docks shall not be permitted. There shall be no incidental parking or storage of trucks and/or moving vans except for purposes of . loading and unloading. Truck rental establishments are prohibited. 710.13 Wetland Mitigation Banks. Wetland mitigation banks shall be a permitted use in land designated Water or Parks and Recreation on the Future Land Use Map. On- site mitigation for a development project is a pennitted use City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 40 711. ACCESSORY USES 711.1 General. No accessory uses shall be permitted in a required yard or bufferyard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the prior written approval of the appropriate utilities, and the concurrence of the City. 711.2 Awnings and Canopies. The definition of an awning or canopy shall be as provided for in the South Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code. 711.2.1 Awnings. An awning may be located at any window provided it is architecturally integrated into the buildings, design and color. The maximum height and width of an awning shall be limited to the minimum area required to cover a building's window. Awnings shall not be illuminated. 711.2.2 Canopies. A canopy may be located over any walkway adjacent to a building or over a building's entrance. The maximum height of the overall canopy structure shall be eight feet. The maximum width of a canopy shall be limited to the width of the sidewalk or entryway that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy. 711.3 Cm:ports. Carports shall comply with the structural setbacks of the zoning district in which they are proposed to be located. The use of polyvinyl chloride (PVC) pipe is expressly prohibited. Any carport lawfully established prior to the adoption of this chapter, which does not comply, with the structural setbacks of the zoning district may remain as a nonconforming use subject to the provisions of the nonconforming article of this chapter. 711.4 Domestic Pet Shelters. One pet shelter or pen for domestic household animals shall be permitted per lot in any residential district, subject to the following: City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 ZONING DISTRICTS 700 - 41 a) No pet shelter or pen shall be pennitted within the required front yard area, or within utility, drainage or access easements. b) The structure must be set back at least six feet from the side and rear lot lines. c) Domestic pet shelters and pens shall be maintained in a clean and neat manner free of offensive odors. 711.5 Fences and Walls. 711.5.1 Defined. A fence or wall is a barrier constructed ofmanmade or natural materials. A wall is a concrete or block structure. 711.5.2 Fences On Residential Lots. Fences on a residential lot sball be limited to six feet in height. Barbed wire and other similar material shall not be permitted on a fence or wall within a residential district. Fences and walls shall be limited to four feet in height within a required front yard. In all zoning districts, only pressure treated pine, redwood and cedar wood shall be acceptable for wood fence construction. All wood fencing shall have a nominal thickness of one inch. Each side of a concrete block or masonry wall shall be completely finished with stucco and/or paint. 711.5.3 Residential Parcel Perimeter and Entry Walls. Uniform walls may be erected within a required bufferyard and at the access driveway entrances to residential development parcels. The wall shall be located at the interior edge of a bufferyard. Typical elevations, materials and the location of the wall shall be shown on a final site plan. Barbed wire and other similar material shall not be permitted. Walls shall be designed to discourage graffiti. 711.5.4 Walls and fences on non-residential parcels. Walls shall be pennitted within a required bufferyard at the perimeter of non-residential parcels; they shall not be permitted within a required front yard. Fences within non-residential zoning districts adjacent to residential property shall not exceed eight feet in height. Fences and walls within non-residential property adjacent to non-residential property shall not exceed ten feet in height. Typical elevations, materials and the location of the fence shall be shown on a final site plan. 711.5.5 Fences Within Easements. Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. To locate a fence or wall in any easement, an encroachment agreement shall City of Sunny Isles Beach-Land Development Regulations Adopted Dec::ember 10,2002 ZONING DISTRICTS 700 - 42 be required. If a permit is issued, access to any easements shall be granted when required by any utility. A utility company or franchise shall not be responsible for damage to a fence, wall or landscaping within an easement. 711.5.6 Chain link Fences Prohibited. Chain link fences shall be prohibited in all districts except as a temporary enclosure or fencing for tennis courts or athletic activities. 711.5.7 Maintenance. A fence or wall shall be finished and maintained in good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or right-of-way. 711.6 Gazebos. Gazebos shall be permitted in all residential districts, subject to the following: a) No gazebos shall be permitted within the required front yard area, or within utility, drainage or access easements; b) Gazebos must be set back at least six feet from the side and rear lot lines; c) No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 square feet oflot area; and d) No gazebo shall have a height larger than 35 feet. 711.7 Play Equipment. Play equipment shall be permitted in any residential district, subject to the following: (a) No permanently installed play equipment, except basketball hoops, shall be pennitted within the front setback, within ten feet of a right-of-way, or within utility, drainage or access easements; (b) No play equipment shall use be installed within any part of a street right- of-way as part of the playing area; (c) Permanently installed play equipment shall be of a common playground type designed for children; and (d) Basketball hoops and backboards in front yard areas shall be permitted on the front of the building or on a pole in the driveway only. Basketball poles shall be located no closer then ten feet to any property line. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 43 711.8 Screen Enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following: (a) No screen enclosure shall be pennitted in the required front yard or within utility, drainage or access easements; (b) No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district; and unless all required approvals and permits are obtained. (c) Screen enclosures with a screen roof shall meet the following setback requirements: 1) The side yard or side street setback shall be the same as the structural setback requirement of the zoning district; and 2) The rear yard setback shall be a minimum six feet from the rear lot line; and (d) Screen enclosures with a solid roof shall meet the following setback requirements: 1) The side yard or side street setback shall be the same as the structural setback requirement of the zoning district; and 2) The rear yard setback shall be 15 feet or the same as the structural setback, whichever is less. 711.9 Swimming Pools and Spas. 711.9.1 General requirements. Swimming pools and spas shall be permitted in all residential zoning districts, subject to the following: a) No swimming pools or spas shall be permitted within the required front yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier. b) Aboveground pools and spas, which exceed 48 inches in height, must meet all structural setback requirements. c) The following setback requirements shall apply to swimming pools and spas: 1) The side yard or side street setbacks to the water's edge shall be two feet plus the required side yard or side street structure setback. city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 44 2) The rear yard setback shall be seven feet from the water's edge to rear lot line. 3) The setback from any building foundation shall be five feet unless both the design and construction as approved by the Zoning, Pbmning and Building Director is safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pool or spa be closer than 18 inches to any wall or any enclosure. d) Any pool for a non-residential development shall meet the structural setbacks for the district in which it is located and all required governmental agency standards. 711.9.2 Safety barrier required; specifications. (a) Specifications - No swimming pool final inspection and approval shall be given by the City, unless there has been erected a safety barrier. The safety barrier shall take the form of a screened-in patio, a wooden fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Gates shall be of the spring lock type, so that they shall automatically return to a closed position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use. (b) Permits Required. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier; if the premises are already enclosed, as herein before provided, a permit for the safety barrier shall not be required, it: upon inspection of the premises, the existing barrier is proven to be satisfactory. (c) Construction Specifications of Walls and Fences. For a wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable. (d) Authority to Disapj>rove Barriers. It shall be within the discretion of the building inspector to refuse approval of any barrier which, City of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 45 Adopted December 10, 2002 in his opinion, does not meet the safety requirements of this regulation, i.e., that it is high enough at least four feet high and so constructed, to keep the children of pre-school age from getting over or through it. (e) Maintenance of Safety Barrier: Duty of Owner. Occupant. It shall be the responsibility of the owner and/or occupant of the premises containing the swimming pool to maintain and keep in proper and safe condition at all times the safety barrier required and erected in accordance with this section. (f) Maintenance of Pool: Duty of Owner. Occupant. It shall be the responsibility of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community. In the event any person owning or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimming pool to become a health hazard to the community, the City may direct a letter by certified mail to the owner or occupant of such premises, advising such owner or occupant that the city will have such safety barrier put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten days from receipt of such letter. The City shall be authorized to place a lien on the property not in compliance with this section in order to recover the costs associated with enforcement of this section. (g) Temporary fence to enclose swimmin~ pools while under construction. No person shall construct or cause to be constructed any swimming pools unless such swimming pool is completely enclosed by a fence with a minimum height of not less than four feet. Such fence may be of a temporary nature but must be erected either around the swimming pool or around the premises on which the swimming pool is under construction; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area However, the swimming pool need not be completely enclosed during those periods when an adult person is present on the site and actual construction is in process. This section shall only affect those pools under construction within 140 feet of any residence upon which a certificate of occupancy has been issued. The 140 feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight-line measure. 711.10 Utility sheds. Utility sheds shall be permitted in all residential districts, subject to the following: a) No more than one utility shed shall be permitted for each parcel or lot; City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 46 b) No utility shed shall be permitted in any required front or side yard area or within utility, drainage or access easements; c) The maximum dimensions of a utility shed shall be no more than 100 square feet in footprint and eight feet in height; and d) Rear and side setbacks for utility sheds on single-family and duplex lots shall be a minimum of three feet from the lot lines. Rear and side setbacks for utility sheds on all other property shall be equal to the height of the structure. 711.11 Utility/mechanical equipment. Utility and mechanical equipment used for a building's operation which is located outside the building shall only be located in a rear or side yard. The equipment shall not be located within a utility easement unless it is equipment serving that specific easement. The minimum distance from a property line to the structure shall be no less than the structure's height. All equipment shall be screened from view by landscape materials as provided for in this Code. These requirements shall not apply to municipal or franchise utilities such as power, phone, cable, communication or drainage equipment, which is located within a public utility easement. 711.12 Waterfront Lands. A rear yard setback of 20 feet from the rear or waterfront line measured landward therefrom shall be provided and no building construction, to include principal and accessory buildings shall be permitted in this setback. 711.13 Docks: Construction Requirements. Prior to the construction of a dock within the City, the owner shall obtain approval of the proposed construction from the Zoning, Planning and Building I Department, Miami-Dade County Environmental Resource Management and appropriate drainage district. The amount of a dock protruding onto publiccproperty shall be at the discretion of the Zoning, Planning and Building Department and based upon waterway width. In no case shall protrusion onto public property exceed 15 feet. The owner shall keep docks in a constant state of repair. Any dock not properly constructed or maintained must be removed at the direction of the Zoning, Planning and Building Department within 15 days of receipt of notice. No dock shall be approved except in compliance with Section 0-5 of Part 2 - Public Works Manual of Dade County. This section shall apply to residential districts only City of Sunny Isles Beach-Laad Development Regulations Adopted December 10, 2002 ZONING DISTRICTS 700 - 47 Chapter 8: OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS 801. OFF-STREET PARKING AND LOADING STANDARDS. 801. I General. Every building, use or structure, constructed or altered after the effective date of LDRs shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off-street parking filcilities shall be maintained and continued as long as the main use is continued. 801.1.1 Existing b~s. Where a building existed at the effective date of these LDRs such building may be modernized, altered or repaired, provided there is no increase in floor area or capacity and there is no change of occupancy, without providing additional parking spaces. Where a building or use, which existed at the effective date of these LDRs is enlarged in floor area, capacity or space occupied, off-street parking facilities as specified herein shall be provided for the additional floor area, , capacity or space so created or so occupied. Where a building or use which existed at the effective date of these LDRs is changed in use or occupancy, additional off-street parking facilities shall be provided to the extent that the off-street parking required by this section for the new use or occupancy exceeds the off-street parking which would have been required for the previous use or occupancy had the regulations of this section been applicable thereto. For the purposes of this section a change of use or occupancy shall mean a change from one category of off-street parking requirements to another such category. It shall be unlawful for an owner or operator of any building, structure or use affected by this section to discontinue, change or dispense with, or to cause the discontinuance or reduction of the required parking facilities apart from the discontinuance, of such structure or use, without establishing alternative vehicle parking facilities which meet the requirements of this section. It shall be unlawful for any person to utilize such building, structure or use without providing the off-street parking facilities to meet the requirements of and be in compliance with this article. 801.1.2 Proximity of off-street parking. city of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading & Driveways 800- 1 a) Required off-street parking spaces shall be located on the same parcel on which the principal and accessory uses exist. As an alternative and subject to the approval of the City Commission, they may be located on a separate parcel not more than 300 feet from the use they are intended to serve provided the owner of said parking areas shall enter into a written declaration unifying the two sites whereby the land providing the parking area shall be unified with the primary site by unity of title and shall not be sold or disposed of except in cotYunction with the sale of the building or structure the parking area serves so long as these parking facilities are required. Said instrument shall be recorded at the expense of the owner and shall run with the land and shall bind the heirs, successors, and assigns of said owner. This instrument shall provide, among other things, that it cannot be modified or amended except with the consent and written joinder by the City so as to confirm that the parcels continue in compliance with these LDRs. In approving off-site parking, the City Commission must find that the off-site parking facility is reasonably located in relation to the use it is intended to serve, based upon such factors as the type of facility, likely purpose of the trip to the facility, distance from the use intended to be served, and any physical barriers which must be crossed to reach the use to be served. Parking spaces backing into a main drive aisle adjacent to the front of buildings shall be discouraged. b) Up to twenty (20) percent of the off-street parking spaces as required by this Section may be provided off-site within a public parking garage through a developer financial contnbution the City Off-Street Parking Trust Fund of a sum for each space so eliminated, such sum to be set by the Commission in an annually adopted schedule provided that there are sufficient number of spaces available. 801.1.3 Shared Parking. Off-street parking may serve two or more uses within one site; however, in such cases the total number of spaces must equal the sum of the spaces required for each separate use except: a) Properties owned by a single entity or subject to a cross access/cross parking agreement may petition the City Commission for approval of shared parking. The petition for shared parking shall include an independent parking study in a form acceptable to the city, which includes but is not limited to information indicating that the uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking. b) Required parking spaces may be pennitted to be utilized for meeting the parking requirements of two or more separate permitted uses when it is clearly established by the applicant that the two or more City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading & Driveways 800- 2 uses will utilize the spaces at different times of the day, week, month, or year. A recordable covenant, with the correct legal description, shall be submitted by the owners of the property and the two or more businesses or tenants involved in a form acceptable to the office of the City Attorney. The covenant shall be recorded in the public records of Dade County at the applicant's expense, and shall run with the land. The covenant shall provide that the use or portion of a use that requires the shared parking in order to obtain the necessary permits or licenses shall cease and terminate upon any change in their respective schedules of operation that results in conflicting or overlapping usage of the parking facilities, and no non-residential use may be made of that portion of the property until the required parking facilities are available and provided. The covenant shall also provide that the city may collect attorney's fees if litigation is necessary to enforce the requirements of this section. c) No part of an off-street parking area required for any building or use by this section shall be included as a part of an off-street parking area similarly required for another building or use unless the type of use indicates that the periods of usage will not overlap or be concurrent with each other as determined by the city. d) Combined off-street parking. Nothing in this section shall be construed to prevent collective provision for, or joint use of: off-street parking facilities for two or more buildings or uses by two or more owners or operations, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this section. In such cases, a recorded agreement shall be executed at the applicant's expense. 801.1.4 Tandem Parking: Tandem parking shall abide by the definition under Chapter 2 of this code. One hundred (100) percent of the required off-street 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; the drive aisles may be reduced to 18 feet. All applications for the use of tandem parking must be approved by the City Commission and the applicant must enter into an agreement, recorded in the public records at the expense of the owner and shall run with the land and shall bind the heirs, successors, and assigns of said owner which requires all developments having any tandem parking spaces to provide 24-hour valet parking service. 801.1.5 Parking plan required. A parking plan shall be provided with all applications for development approval which shall clearly and accurately designate the required parking spaces, required landscaped areas and planter City of Sunny Isles Beach-Land Development Adopted December la, 20002 Parking, Loading & Driveways 800- 3 islands, access aisles and driveways and the relationship of the parking to the uses or structures the spaces are intended to serve. 801.1.6 Required handicapped spaces. Parking spaces for disabled persons shall be provided in accordance with F.S. ch. 553, pt. V, as amended from time to time. 801.1.7 Size and character or required parl9n&. The following design requirements shall be observed for off-street parking: a) Size: parking stalls. Each parking space required and provided pursuant to the provisions of this article shall be not less than 9 feet in width and 18 feet in length for all commercial and mixed use developments. Each parking space required and provided pursuant to the provisions of this article shall be not less than 8.5 feet in width and 18 feet in length for all residential only developments. See figure 801-1. b) Size: enclosed ~arage areas. All one-car garages shall provide a single parking space of 8.5 feet by 18 feet free from all obstructions. All two-car garages shall provide two parking spaces consisting of 17 feet by 18 feet unobstructed space. c) Stripin~. All surface unenclosed parking spaces shall be divided with painted double stripe lines except for single-family homes, zero lot line developments, townhouses and duplexes where the parking spaces are on a single-family site or as otherwise permitted in this chapter. d) Accessibility. In all zoning districts, the width of access aisles and driveways shall be in confonnance with the standards set forth in figure 801-1. Every space shall be accessible without driving over or through another parking space except for tandem parking as specifically provided herein. Parking stalls abutting the same continuous drive aisle shall have the same angle and orientation. Drive aisles shall be one-way only, which are less than 22 feet wide or which abut parking stalls with angles less than 90 degrees. Parking stall angles and drive aisle direction of flow may change only when the drive aisle is interrupted by a circulation drive or structure. e) Composition. Except where specified above, parking facilities, including access aisles and driveways, shall be surfaced with brick, asphalt or concrete surfacing maintained in a smooth, well-graded condition. City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading & Driveways 800- 4 f) Drainage. All off-street parking facilities shall be drained so as not to cause any nuisances on adjacent or public property. Such drainage facilities shall be arranged for convenient access and safety of pedestrians and vehicles in accordance with standards set forth in these regulations. g) Curbing. The use of freestanding wheel stops is prohibited in all exterior-parking areas. All exterior-parking stalls shall be fronted with a continuous Type 0 or Type F concrete curbing six inches high. h) Parkinfllot islands. The islands formed by the interior of continuous curbing must be landscaped in accordance with the provisions of this chapter. Islands with impervious surfaces are prohibited, although the location of sidewalks inside of islands is allowable if an equal amount of landscaped surface is provided. Islands at the front of parking spaces must allow a clear zone of 20 inches to allow for bumper overhang. Lateral islands separating parking spaces must be provided at least every nine spaces. City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading" Driveways 800- 5 MINIMUM SPACE REQUIREMENTS AT VARIOUS PARKING ANGLES FOR SELF-PARKING FACILITIES "A" "B" "C" "D" "E" "F" PARKING PARKING STALL AISLE CURB ANGLE WIDTH DEPTH WIDTH LENGTH OVERALL 300 see below 16.0' 12.0' 17.0' 44.0' 450 see below 18.8' 13.0' 12.2' 50.6' 600 see below 20.0' 18.0' 9.8' 58.0' 900 see below 18.0' 22.0' 8.5' 58.0' t E ~ D ... F . FIGURE 801-1 (1) parking width shall be 8.5 feet for residential uses and 9 feet for non-residential uses. City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading & Driveways 800- 6 801.1.9 Parking setback. The edge of all parking pavement and access roads (not including driveway connections to a street) shall be set back a minimum often feet from the right-of-way of all streets. This setback distance shall be landscaped in conformance with these regulations. 801.1.10 Landscaping of off-street parking. Parking structures and surface parking lots shall be landscaped in accordance with the provisions of these regulations. 801.1.11 Street Access. All off-street parking spaces shall be provided with safe and convenient access to a street. If any such space is located contiguous to a street, the street side thereof shall be curbed and ingress and egress shall be provided only through driveway openings through the curb of such dimension, the City may approve location and construction as. 801.1.12 Parking Space Use. All off-street parking facilities shall be used solely for the parking of vehicles in operating conditions by patrons, occupants or employees of the use to which such parking is accessory. No motor vehicle repair work except emergency service shall be permitted in association with any required off-street parking facilities. 801.1.13 Parking Lighting. All lighting fixtures used to illuminate off-street parking areas shall be designed to comply with the performance standards relative to glare of the zoning district in which such area is located. Such areas shall not be lighted at any time other than during the same hours that the use to which the parking is appurtenant is open for business, except for necessary security lighting. Enclosed parking garages shall be illuminated 24 hours per day. 801.1.14 Parking or Use Not Specified. Where the required number of parking spaces is not set forth for a particular use in the following Sections, and where there is no similar general type of use listed, the applicant shall submit a certified study to ascertain the required number of off-street parking spaces. 801.1.15 Accessory Use Parking. Off-street parking for accessory service uses, as permitted in Section 703 which are located within the building of a principal use, shall be calculated in accordance with the off-street parking requirements for the specific uses. 801.2 Amount of off-street parking. The minimum number of off-street parking spaces to be provided and maintained for each use or occupancy shall be as follows: City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading &; Driveways 800- 7 Single Family Detached 2 parking spaces per unit Townhouse 2 parking spaces per unit Multi-family dwelling 1.5 parking spaces per unit For 20 units or more guest parking must be provided equal to a minimum of 5 percent of the required spaces for buildings without valet parking Dormitories, sororities, fraternities 1 parking space per bed Apartment-Hotels 1 parking space per each effICiency or one-bedroom unit 1 3/4 parking spaces per each 2 bedroom unit 2 parking spaces per each 3 or more bedroom unit 1 additional space for units with -Iockour bedrooms Hotels 1 parking space per each room or suite. Hotels in the MU-R District 1 parking spaces per each room or suite plus 1 space per ewry 100 square foot of restaurant, lounge, nightclub, or similar stablishment dispensing food and/or beverages 1 parking space per each room or suite plus 50% of the requirements of this chapter for ancilary retail and aeMce uses within the hotel without ground level window exposure and/or exterior entrances facing the street Hotels in the B-2 District 1 parking space per each room or suite plus 35% of the requirements of this chapter for ancilary retail and service uses within the hotel and with ground IeYeI window exposure and/or exterior entrances facing the street Adult Retirement Communities 1 parking space per each dwelling unit plus one space for each employee on the day shift Assisted Living Facilities, Nursing Homes 1/2 parking space per bed plus 1 space for each employee on the day shift Extended or Long Term Living Facilities, Hospices City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading & Driveways 800- 8 Amusement center, general 1 space per 200 square feet of GFA Arenas and Stadiums 1 space per four seats or 1 space per 200 square feet of GFA Baseballl softball diamonds 20 spaces per diamond Auditorium 1 space per four seats or 1 spaces per 200 square feet GFA, whichewr is greater Batting Cages 2 spaces per cage Billboardl Pool Center 1 space per 150 square feet GFA BowHng Center 4 spaces per lane plus additional parking according to this chapter for any restaurant, lounge or retail component Cinema! Movie Theatre 1 space per 4 seats Community Centers (nongowmmental) 1 space 250 square feet GFA Outdoor Courts (Tennis, racquetball, handball, etc.) 3 spaces per court Dance Hall 1 space per four seats or 1 space per 200 square feet of GFA, whichewr is greater Dance School 1 space per 200 square feet of GFA Indoor Court Facility 4 spaces per court plus additional parking according to this chapter for any s a restaurant loun or retail com t Commercial Marinas 5 spaces, plus one space for eNery 2 slips, plus one space for each ten dry storage spaces, plus one for each 350 square feet of indoor display of boats for sale, plus one space for each 1500 square feet of outdoor display of boats for sale, plus additional parking according to this chapter for any retaH or restaurant components Theatre (live performance) 1 space per four seats or one space per 200 square feet of GFA, whichewr s greater Commercial Swimming Pool City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading & Driveways 800- 9 Community Centers Child, Day Care Facilities or Adult Care Facilities Fraternal Buildings, Lodges, Union Halls C es UnNersities Business or Professional Schools or Vocational School Government OffICeS Hospitals Libraries Museums Post Offices Elementary & Middle Schools Nursery Schools Secondary Schools City of Sunny Isles Beach-Land Development Adopted December 10,20002 1 space per 250 square feet GFA See 'SchooIs, Nursery" 1 space per 100 square feet of GFA 1 space per 60 squwe feet of classrooms plus 1 s 250 uare feet of remain' area 1 space per 300 square feet GFA. 2 spaces per bed, plus additional parking according to this chapter for . t medical clinic and outpatient medical office components 1 space per 350 square feet GFA. 1 space per 350 square feet GFA. 1 space for per 100 square foot of area accessible to the pubHc 5 spaces plus one space per classroom or 1 space per 10 seats of the largest assembly room, whichever is larger. 5 spaces plus one per employee or 1 space per 400 square feet of GFA, whichever is greater 10 spaces plus 1 space per classroom, plus 1 space for each 5 students or 1 space per 10 seats of largest assembly room, whichever is greater. Parking, Loading & Driveways 800- 10 1 space per 400 square feet GFA Marine Supplies 1 space per 500 square feet GFA Medical Supplies 1 space per 500 square feet GFA Research and Testing Labs 1 space per 500 square feet GFA Self-storage Warehouses 1 space per 500 square feet GFA plus 1 space per 300 GFA for any office component Business and Professional Offices 1 space per 300 square feet GFA Health Institutions 1 space per 300 square feet GFA. Medical and Dental Officesl Clinics 1 spaces per 250 square feet GFA T elemarketers 1 spaces per 100 square feet GF A Travel Agencies 1 space per 300 square feet GFA. Veterinarians, Animal Hospitals 1 space per 300 square feet GFA. Places of Worship 1 space per 4 seats in the largest assembly area Bars, cocktail lounges, pubs. taverns, nightclubs 1 space per 100 square feet GFA Cafeterias 1 space per 150 square feet GFA Coffee and Pastry stores, ice cream parlors 1 spaces per 150 square feet GF A Delicatessens and Restaurants 1 spaces per 150 square feet GF A Open Air Seating For the fIrSt additional 200 square feet of outdoor seating no additional off- street parking is required. For all area over 200 square feet provide 1/2 space per 200 square feet of area or fraction thereof City of Sunny Isles Beach-Land Development Adopled December 10, 20002 Park.ing, Loading & Driveways 800- 11 Art Galleries 1 spaces per 350 square feet GFA Auction Galleries 1 space per 200 square feet GFA, or one space per 3 seats in assembly or auditorium, whichever is greater Automatic Teller Machines 3 spaces for first machine, 1 space for each additional machine. Automobile Repair Garages 3 spaces plus 3 spaces per each service bay Automobile Rental 5 spaces plus one space for each 25 parking spaces for llehicle inventory Automobile Sales 1 space per 300 square feet of interior area plus one space for each 35 parking spaces for llehicle inventory, plus 4 spaces for each service b Automobile Service Station 3 spaces, plus 1 space per 200 square feet of convenience store, including cashiering area, plus four spaces per service or washing bay, plus 3 spaces per automatic teller machine, plus applicable parking for an restaurant use Automobile washes, hand and automatic 4 spaces plus eight stacking spaces per One or station Bakeries 1 space per 250 square feet GFA Barber and Beauty Shoppes 2 spaces per chair or one space per 150 square feet GFA if fixed chairs not provided Banks, other similar financial institutions 1 space per 200 square feet GFA, plus 2 spaces per ATM Building and Home Repair Supply 1 space per 300 square feet GFA Butcher Shops 1 space per 250 square feet GFA Carpet, Tile and other floor covering retail stores 1 space per 500 square feet GFA Convenience Store 1 space per 200 square feet GFA Dry Cleaners and laundries, take-in 1 space per 200 square feet GFA Drugstores and Pharmacies 1 space per 200 square feet GFA City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading &; Driveways 800- 12 Furniture Stores 1 space per 500 square feet GFA Funeral Homes, Mortuaries 7 spaces per 1,000 square feet GF A Grocery Stores 1 space per 200 square feet GFA Hardware Stores 1 space per 300 square feet GFA Laundry,seW-sennce .75 spaces per each wash machine and clothes dryer Liquor Store, package store 1 space per 150 square feet GFA Swimming Pool Supplies 1 space per 300 square feet GFA An other retail uses 1 space per 250 square feet GFA 801.3 Calculating required parking spaces: a. Fractional spaces: When units or measurements determining number of required off-street parking spaces result in the requirement of fractional spacethe required off-street parking shall be rounded up to the next full number. b. Measurements: In stadiums, sport arenas, places of worship and other places of assembly in which occupants utilize benches, pews or other similar seating facilities where seating is not separated for each person, each 20 lineal inches of such seating shall be counted as one seat for the purpose of computing off-street parking requirements. 801.4 Off.street loading. 801.4.1 General provisions. Adequate space for loading and unloading of materials, goods or things, and for delivery and shipping, shall be provided and maintained on the same plot as the building, which it serves. For the purposes of this section, an off-street loading space shall be an area at the grade level at least ten feet wide by 25 feet long with fourteen.foot vertical clearance. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required loading space, and shall be arranged for convenient and safe ingress and egress by City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading" Driveways 800- 13 motor truck and/or trailer combination. Such loading space shall also be accessible from the interior of any building it is intended to serve. 801.4.2 Specifications. Off-street loading spaces shall be provided and maintained in accordance with the following schedule: a) For each retail store, storage warehouse, wholesale establishment, market, restaurant, funeral home, laundry, dry cleaning establishment or similar building or use which has an aggregate gross floor area of: 1) 5,000 square feet to 25,000 square feet: 1 space 2) 25,001 square feet to 60,000 square feet: 2 spaces 3) 60,001 square feet to 120,000 square feet: 3 spaces 4) 120,001 square feet to 200,000 square feet: 4 spaces 5) 200,001 square feet to 290,000 square feet: 5 spaces 6) Plus for each additional 90,000 square feet over 290,000 square feet: 1 space b) Convenience store: 1 space c) For each multiple dwelling residential or apartment hotel building: 1) 0 to 100 units: 1 space 2) Over 100 units: 2 spaces Such loading spaces shall not be located in the front yard. d) For each hotel which has a number of hotel suites or room units of: 1) up to 200 units: 2 spaces 2) over 200 units: 3 spaces Such loading spaces shall not be located in the front yard e) For each auditorium, convention hall, exhibition hall, museum, office building, hospital or similar use which has an aggregate gross floor area of: 1) Over 20,000 square feet but not over 40,000 square feet: 1 space. 2) Plus for each additional 60,000 square feet over 40,000 square feet: 1 space f) The loading requirements for any unspecified use shall be that which is required for similar specified uses. City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading It Driveways 800- 14 g) Off-street loading facilities supplied to meet the needs of one use shall not be considered as meeting off-street loading needs of any other use. h) No area or facilities supplied to meet the required off-street parking requirements for a use shall be utilized for, or be deemed to meet, the requirements of this section for off-street loading facilities. i) Nothing in this section shall prevent aggregation of off-street loading facilities for two or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and arranged as to be usable thereby. j) Plans for buildings or uses requiring off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearances and access of all such required off-street loading facilities. 801.5 Drive-through service windows. Businesses that provide a drive-through service are required to provide a drive-through service lane or lanes, both for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed, striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided. A public street or alley shall not be counted as an escape lane. Drive-through lanes and escape lanes shall not conflict, or otherwise hamper access, to or from any parking space. Pedestrian walkways shall be clearly separated from drive-through lanes. 801.5.1 Specifications. Stacking spaces necessary for the prOVISIOns of drive- through lanes shall be determined using the following table. Stacking area shall be provided at the first required stopping area, such as the ordering board of a restaurant. If a second stopping area is required, such as a delivery and cashiering window, auxiliary stacking area shall be provided in the indicated amounts. City of Sunny Isles Beach-Land Development Adopted December 10,20002 Parking, Loading & Driveways 800- 15 Type of Facility Automatic teller machine Bank Car wash As accessory use Gatehouse Laundry, dry cleaners Pharmacies Restaurant Video rental 802. Driveway standards. Primary Stacking 4 per service lane 4 per service lane 4 per service lane 3 per service lane 2 per resident lane 2 per service lane 3 per service lane 6 per service lane 5 per service lane Auxiliary Stacking 1 per service lane 1 per service lane 2 per service lane 1 per service lane 5 per visitor lane 1 per service lane 1 per service lane 2 per service lane 1 per service lane 802.1 Design. Driveway locations, cross-sections and grades shall be installed in accordance with this section, approved engineering plans, and the Florida Building Code as amended from time to time. Driveway access to the street system shall be according to the Subdivision Design Standards, Street Layout contained in these regulations. 802.2 Intersection with streets. Driveways for residential lots shall not encroach into the street comer radius of two intersecting streets, or be closer than 25 feet to the intersection of extended right-of-way lines. Driveways for multifamily and non- residential parking lots shall not intersect a street comer radius, or be closer than 50 feet to the intersection of extended right-of-way lines. 802.3 Separation between driveways. 802.3.1 Residential lots: Driveways for single-family residential lots shall be separated by a minimum often (10) feet. 802.3.2 Multifamily and nonresidential parcels: Driveways for multifamily residential parcels and nonresidential parcels on collector roads shall be separated by no less than twenty five (25) feet of landscaped frontage. Driveways for multifamily residential parcels and nonresidential parcels on arterial roads shall be separated by no less than fifty (50) feet of landscaped frontage. 802.4 Minimum size. Driveways for single-family and duplex structures in all residentially zoned districts shall have a minimum width of 18 feet and a minimum length of 20 feet providing that such 20 feet shall be clear of sidewalks and roadway easements City of Sunny Isles Beach-Land Development Adopted Decemberl 0, 20002 Parking, Loading & Driveways 800- 16 within the confines of the subject parcel unless otherwise specified in these regulations. Driveways for three-car garages shall have a minimum width of26 feet. 802.5 Clear sight triangles. All driveways and street intersections shall provide clear sight triangles in both directions as follows: 802.5.1 Measurement: Clear sight triangles on both sides of all driveways, medians and at all street intersections shall be measured as follows: a) Two major streets: 20 feet along the right-of-way lines from the intersection of two major streets. b) Major street/local street: 20 feet along the right-of-way lines from the intersection of a major street with a local street. c) Two local streets: 20 feet along the right-of-way lines from the intersection of two local streets. d) Driveway/major street: 20 feet along the right-of-way lines from the intersection of a driveway with a major street. e) Driveway/local street: Ten feet along the right-of-way line from the intersection of a driveway with a local street. f) No parking areas shall be permitted within clear sight triangles. 802.6 Landscaping: The area within any clear sight triangle shall be planted and maintained in a way that provides clear visibility from a height of 30 inches to a height of eight feet above the crown of the street. Vegetation shall be trimmed so that no limbs or foliage extend into the required visibility area. City of Sunny Isles Beach-Land Development Adopted December 10, 20002 Parking, Loading & Driveways 800- 17 CHAPTER 9: SIGN REGULATIONS 901. Sign Regulations 901.1 Short Title. The short form by which this Chapter shall be known is the City of Sunny Isles Beach Sign Ordinance. 901.2 General Principles. The City is a resort community with a unique natural environment framed by Atlantic oceanfront beaches and Biscayne Bay, which attracts a tourism trade that forms the principal economic base of the community. To assure greater harmony between the natural and built environment and in furtherance of the Community Design Element of the Comprehensive Plan, the City has established design guidelines, standards, review procedures and incentives for creating visually distinctive yet attractive and pleasing urban environments. In furtherance of these objectives, to protect the economic base of the City and to preserve the City as a desirable community in which to live, vacation and do business, the regulation of signs and graphic images within the City is considered an essential component of these comprehensive initiatives to maintain and enhance the image of the City. 901.3 PUlJIOse and Intent. The purpose of this Chapter is to regulate all exterior signs and interior signs placed for exterior observance so as to protect property values, to protect the character of the community, to facilitate the creation of a convenient, attractive and harmonious community, to create a better business climate, to protect against danger in travel and transportation, to reduce visual pollution, to improve and protect the public health, safety, convenience and general welfare, and to further the stated purpose and intent of this Ordinance. It is further intended that all signs within a given development be coordinated with the architecture of the principal use in such a manner that the overall appearance is harmonious in color, form and proportion, and that the signs shall be structurally sound so as to ensure the safety of the general public. These regulations balance the need to protect the public safety and welfare, the need for well maintained and attractive community and the need for adequate identification, communication and advertising for land uses. These regulations have the following specific objectives: 1. To ensure that signs are designed, constructed, installed and maintained so that the public safety and traffic safety are not compromised; 2. To allow and promote positive conditions for sign communication enabling the identification of residences and business but limiting the size and number of signs and sign messages to a minimum reasonably City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Siga Reg.latiODS 900 - 1 necessary while, at the same time, avoiding nuisances to nearby properties and promoting an attractive environment and lessening visual clutter; 3. To reflect and support the desired character and development patterns of the various zones and plan districts; 4. To allow for adequate and effective signs in commercial zones while preventing signs from dominating the appearance of the area; and 5. To ensure that the constitutionally guaranteed right of free speech is protected including the fact that any sign allowed herein may contain a non-commercial message. 6. Preserve and enhance the natural and scemc characteristics of this beachfront resort community. The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property owner's desired level of visibility for the signs. The sign standards are intended to allow for signs with adequate visibility to streets that abut the site, but not necessarily to streets farther away. Any sign erected on a lot or building for the purpose of identification or for advertising a use conducted therein or thereon shall be an accessory use to the principal use. 901.4 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: Abandoned Sign: A Sign is considered abandoned if the business or other use advertised on that Sign is no longer licensed, no longer has an Occupational License or is no longer doing business at the location to which the Sign pertains. Advertising: Any form of public announcement, copy or graphic intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. Tenant and building names are not construed to be advertising. Unless specifically pennitted, no sign regulated by this Chapter shall contain advertising. Animated Sign: A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than Time City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 SlgD Reg.tatio., 9tf) - 2 and Temperature Signs, stock market price quotations and Changeable Copy Signs. Attention-Getting Devices: Blinking or flashing lights, streamer lights, pennants, banners, balloons streamers, and all fluttering, spinning or other type attention attractors or advertising devices. Awning Sign: A Sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi-rigidity for the purpose of floating above the ground or a building. Banner Sign: A Sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. Flags shall not be considered as a banner. Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating device but not including neon tubing. Billboard: A Sign, including Signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the structure is located. Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage: The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Director of Zoning, Planning and Building. Building Identity Sign: A sign naming a single structure or property or the identity of the building's primary tenant. Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a bench or to a shelter used by persons awaiting transportation. Canopy Sign: A Sign hanging underneath a pedestrian sheher canopy in a Multi-tenant Center. Changeable Copy Sign: A Sign displaying messages that can is, or is intended to be, changed electronically, or by use of removable letters and numerals. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sig. Reg.latioB' 9tO - 3 Channel Letter Sign: A Sign using three dimensional letters, numbers or logos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached. City Manager: The City Manager of the City of Sunny Isles Beach, Florida or persons designated by the City Manager to interpret, administers, and enforces this Chapter. Community Service Sign/Special Event Sign: Any Temporary Sign, which advertises solely a function or event of a non-profit organization, civic event or meeting, or other similar activity of a temporary nature. Construction Sign: A Sign containing information relating to improvements to an existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firm. Corner Location: Any freestanding building located adjacent to the intersection of two public streets. Detachetl/Freestanding Sign: Any Sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete or permanent foundation. Such Signs include Monument Signs. Such Signs do not include Pole Signs and Pylon Signs. Development Identification Sign: A Sign installed on a building or around the perimeter of a residential development or neighborhood identifYing the name of that building, development, or neighborhood. Director: The Director of Zoning, Planning and Building. DirectionaVInstitutional Sign: A Sign that guides or directs the public and contains no advertising. The name of the facility (such as a store name) to which the Sign provides direction may be included when all other requirements in this Chapter are met. Directional Signs for public institutions, government and civic facilities may be located within the public street right-of-way. Directory Sign: A Sign index consisting of the names of tenants of an office building, shopping center or other Multi-tenant Center. Entrance Feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identifY or draw attention to the development and / or act to control ingress and egress to the development. An entrance Feature may include, although is not necessarily limited to, ornamental walls, fences, identifYing lettering, logos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 S1ga Regal.tioas 900 - 4 Externally Rluminated Sign: Any Sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting), which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Fafade: The front face of a building from the ground to the root1ine. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government or other public or private entity. Government Instructional Sign: A non-commercial Sign permanently erected and/or maintained by the City, the County or the State, or any agency thereof. Such sign may include legal notices, identification and information. Hospital: For purposes of this Chapter, this term shall apply to only acute care hospitals and associated on-site facilities with a minimum of 300 in-patient beds. Internally Rluminated Sign: Any Sign having translucent characters, letters, designs, logos or outlines illuminated by electric lights located within the Sign or luminous tubes, not including neon, designed for that purpose. Marquee Sign: Any Sign attached to or hung from a covered structure projecting from and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. Model Sign: A Sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent. Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or supported by two pole-like supports not to exceed 18 inches in height which is not attached or affixed in any way to a building or other structure. Multi-Tenant Center: Any shopping center, office center, hotel or business center, including ancillary commercial uses within a multi-family development, in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related. Murals: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. Nameplate Sign: A Sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises. Neon Sign: Any Sign or building trims utilizing neon or other similar gas for illumination. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Si&- Rea_latioDl 900 - 5 Non-Conforming Sign: A legal and permitted Sign (including a sign for which a variance has been granted) existing as of the effective date of this Chapter but which does not comply with the requirements of this Chapter or any amendments to this Chapter. Off-Premises Sign: Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A Real Estate Open House Sign shall not be considered and Off- Premises Sign. Office Building: A Principal Building primarily used for the conduct of business, such as administration, clerical' services and consultation with clients and associates. Such buildings can be of any size with one or more office concerns as tenants. Painted Wall Sign: Any painted Sign attached to and erected parallel to the face of: or painted on the outside wall of any building. Parapet: A false front or wall extension above the Rootline of a Principal Buildin~i.e., a vertical false front or wall extension above the rooflevel. Parapet Sign: Any Sign attached to or supported by a Parapet. Parking Sign: a sign displaying a letter "P" and intended to identify the location and access to publicly accessible parking. Parcel frontage: the distance, for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street. Pedestrian Sign: A sign, Wall or Projecting, located not higher than fifteen feet above grade, solely for the identification of a tenant name, may be fabricated of wood, metal or ceramics may have a painted su.rfi1ce, Reverse or Channel Letters, is illuminated externally or in accord with Reverse Letter definition. This signage is particularly intended to provide unique, stylized, and artistically crafted images and forms expressive of individual merchants and services to provide visual interest and design diversity within retail districts oriented to the sidewalk level. Pole sign: Any sign erected upon a pole or poles, excluding Ground Signs that is wholly independent of any building and/or other structure for support. Political Sign: A temporary sign erected by a political candidate, group or agent thereof, for the purpose of advertising a c8.\ldidacy or stating a position regarding an issue upon which the voters of the City shall vote. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Sit. Replatio.s 900 - 6 Portable sign: Any sign not permanently attached to the ground or other permanent structure or any sign designed to be transported. Portable signs shall include, but not be limited to signs designed to be transported by means of wheels; skid-mounted signs; signs converted to A- or T-frames; menu and sandwich signs; balloon signs and vehicle signs. Principal bllilding: The primary structure excluding ancillary, accessory or attached structures or devices. Projecting sign: A sign directly attached to and extending from a building or other structure by more than twelve (12) inches. Projecting signs shall not overhang the public right-of-way to within three feet of the curb line or more than 1/3 of the sidewalk width. Property: Real Property as a unit, which contains the premises and occupancies. Pylon sign: A sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure. Raceway: An enclosed channel of metal or nonmetallic materials designed for housing electrical wires or cables. For purposes of these regulations, raceways are located behind channel letters and may be used for support of the letters. In no instance will raceways be permitted which are longer than the lettering they are located behind. Real estate open hOllse sign: A portable sign indicating property for rent, lease or sale that is currently open for inspection and located on such property Real estate sign: A temporary sign erected on-site by the owner or hislher agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement. Residential zoning district: An area of land zoned for residential development. Restallrant Menll Board sign: A case or board within or upon which is posted a restaurant menu, mounted on a building wall adjacent to the front door entrance or upon a movable stand in conjunction with an approved sidewalk cafe unenclosed dining area, which may be placed at the property line, for the purpose of displaying the food and beverage menu selections of the dining establishment. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Siga Rqaladou 910 - 7 Reverse channel letter sign: Opaque individual letters, numbers or logos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting. Roof: The roof of the principal building. Roofline: The lower extreme of the flat or nearly flat roof limits of the principal building. Roof sign: A sign erected over or on the roof: or extending above the root1ine, which is dependent on the roof: parapet or upper walls of a building for support. Safety sign: Any type of safety marking or device as may be prescnbed by fire authorities or any other official public agency. Services Identification Signage: A :freestanding Sign structure, incorporating up to four business signs for retail services available, where permitted, within multi- family apartment structures. Sign: Any structure and all parts composing the same, together with the frame, background or support therefore, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a sign. Sign area: The square foot area enclosed by the perimeter of the sign structure, including borders and framing. Brackets and arms supporting projecting signs shall not be included in the sign area. When a sign is composed of individual letters, symbols or logos only, the sign area is the area enclosed by a perimeter line fonning a single rectangle or square enclosing all letters, symbols and logos, and shall be measured to the furthest point. In the case of a monument sign, the sign area is the square foot area from the ground to the maximum height, times the structure width. Sign height: The height of a sign measured from the finished ground elevation to the top extremity of the sign. If the area around the sign is bermed, then the height of the sign is measured using the crown elevation of the fronting street. Snipe sign: A sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sila RegaIatioa. 900 - 8 Swingingllrllnging sign: The term shall mean any sign of larger than four square feet in size, which swings :freely, rotates or revolves from or on supports with or without guy wires. Canopy Signs are not considered to be hanging signs. Temporllry sign: Any sign to be displayed for a limited period as specified elsewhere in this chapter. A temporary sign shall be displayed only on the site to which it applies. Through store: A tenant with frontages on two opposite sides but not comer locations. Time IInd temperllture sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature. Trllffic control sign: Any sign provided for in the Manual of Uniform Traffic Control Devices as may be amended from time to time. Vehicle sign: A sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding signs less than two square feet per side of the vehicle and excluding signs on vehicles used in the normal day-to- day operations of a business. V-sign: A freestanding sign with two sides angled rather than parallel and flush. The spread of the V at the open end shall not be greater than the length of its narrowest side. A V-sign shall be counted as one sign. WlIll sign: A sign which is affixed to or painted on and flat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. Window sign: A sign attached to or painted on the inside of a storefront window or door. 901.5 Prolu'bited Signs The following are prohibited: 1) A sign that covers interrupts or disrupts the major architectural features of a building. 2) Abandoned signs or signs that relate to a discontinued business or servIce. City of Sunny Isles Beacb-Land Development Regulations Adopted December 10, 2002 Slea RqalatiollS 900 - 9 3) All signs which display services or products as opposed to the business name. 4) All signs located on or over public property or right-of-way, except those installed by governmental agencies or banners attached to publicly approved pole brackets for special event purposes only. 5) Animated signs. 6) Any sign placed on or attached to utility poles except for the purpose of utility identification. 7) Any signs that could be confused with traffic signal or traffic sign. 8) Any signs that constitute a safety hazard. 9) Attention-getting devices or signs that emit sound, vapor, smoke, or moving signs that revolve, rotate, flash, etc. 10) Balloon signs and pennants, streamers, except where allowed for government purposes and public purposes, including signs for special events as approved by the City. 11) Bare bulb signs. 12) Billboards, other than those lawfully existing on the effective date of these LDR's and protected by F.S. ~ 479.15(2). 13) Box/cabinet wall signs utilizing internal illumination excepting box/cabinet wall signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the sign face is opaque. 14) Buntings. 15) Bus bench/shelter signs. 16) Changeable copy Signs except as specifically permitted under this chapter. 17) Signs erected or painted on fences or wall enclosures except as specifically permitted in this chapter. 18) Marquee signs, except as specifically permitted in this chapter. City of Sunny Isles Beach-Land Development Regulations Adopted Dcx:ember 10, 2002 Siga Reglllatiou 900 -10 19) Murals except as specifically permitted in this chapter. 20) Neon signs (other than reverse channel, wall and pedestrian signs where permitted) including exposed neon building trim. 21) Off-premises signs. 22) Painted wall signs except for Pedestrian Signs where permitted. 23) Parapet signs, except that 50 percent of that portion ofa sign located in an area with a parapet may extend above the root1ine. 24) Any signs illuminated from outside the boundaries of the sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property. 25) Pole signs. 26) Portable signs, except as specifically permitted under this chapter. 27) Projecting signs, except canopy signs. 28) Pylon signs. 29) Roof signs. 30) Service station pump island banners or advertising or promotional SIgns. 31) Signs attached to trees or other vegetative landscaping material. 32) Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted. 33) Signs with raceways 34) Snipe signs. 35) Swinging/hanging stgIlS, except for City sponsored banners and Pedestrian Signs. 36) Vehicle signs when used for advertising purposes at a given location or site in addition to or in lieu of temporary or other signs permitted under this chapter. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sig. Rea_tiou 900 - 11 901.6. Required signs. The following signs shall be placed where appropriate by a property owner and do not require a permit: 1) Safety signs. 2) Address numbers: a) Residential building with four dwelling units or less: Address numerals at least four inches high but not greater than ten inches. b) Residential building with more than four dwelling units: Address numerals at least ten inches high. c) Non-residential buildings: Address numerals at least ten inches high. 3) Handicapped parking and handicapped access signs in accordance with state handicapped parking and Federal Disabilities Act access requirements. 4) Traffic control signs. 5) Baby stroller signs: As required by the Dade County Code. 6) Parking for general public use (not assigned or tenant only): Parking lots or garages shall be identified by a Parking Sign displaying the letter "P" located within five feet of a property line at primary vehicular entrance drives. 901.7 Other SignsINo Permit Required - The following signs may be place without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in these LDRs. The foregoing exemption from filing shall not be construed to waive the other provisions of this chapter or the structural requirements outlined by this chapter and/or the Florida Building Code, as may be amended from time to time. 1) Government instructional signs. 2) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed 14 days after the holiday ends. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sign RegulatioDs 980- 12 3) No-trespassing and no-dumping signs not to exceed 2 square feet in sign area and not to exceed four per lot. 4) Permitted flags. 5) Nameplate signs in residential districts when letters for said signs do not exceed two (2) square feet in sign area. 6) Nameplate signs in non-residential districts on the rear of the building with sign area not in excess of three (3) square feet and with letters not exceeding three inches in height. 7) Signs of a noncommercial nature erected by public utilities. 8) Signs indicating the availability of accommodation in hotels, motels, etc., when said signs conform to all provisions of this chapter and when said sign area does not exceed three square feet. 9) Changes of copy in pennitted changeable copy sign. 10) Painting, repainting, cleaning and other normal maintenance and repair of an approved sign or sign structure, unless a structural alteration is made. 11) Memorial tablets or signs, and historic markers erected by duly constituted and authorized public authorities. Such signs may be located off-site. 12) Small signs displayed on site for the direction or convenience of the public, such as signs which direct traffic or identifY the location of restrooms, public telephones, freight entrances or parking areas or limitations on the use of drive-through windows. No such sign shall exceed two (2) square feet in area or be located closer than five (5) feet to any lot line. 13) Small signs placed by a public utility showing the location of underground facilities. No such sign shall exceed two (2) square feet in area. 14) Signs located on-site warning the public against fishing, trespassing, dangerous animals, swimming or the like. Such signs may be freestanding or attached to a fence, and such shall not exceed two (2) square feet in area. Such signs shall be posted at approximate eye leve~ and shall not be located closer than five (5) feet to any street line. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 SlaD RqD'atioD. 900 - 13 APPRCW NECESSARY MAXIMUM Nl*8ER MAXIMUM SIGN AREA SIGN HEIGHT SETBACK ILLUMINATION CHANGEA8l.E COPY SIGN One monument sign per street frontage, indicating the name and address of complex. 32 square teet Eight feet Six feet from right-of-way, 15 feet from side property line. Externally Illuminated sign only. Schools, religious and public institutions only may be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 32 square feet. APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA SIGN HEIGHT SETBACK ILLUMINAOON OTHER RESTRICTIONS City Manager 1 per vehicular access point 4 square feet each Three feet Six feet from right-of-way, 15 feet from side property line. Externally Illuminated signs only Logos may cover no more than 25 percent of the sign area. APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA SIGN HEIGHT SETBACK ILLUMINAnON City Manager One Services Identification Signage display per multifamily structure. 32 square feet Eight feet Six feet from right-of-way, 15 feet from side property line. Externally Illuminated signs only APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA City Manager One per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot sign shall be permitted not withstanding the street frontage or distance separation of the parcel occupied by the gasoline station. (Subdivisions of an existing building or planned building group shall not entitle the new parcels to additional monument signs. 48 square feet City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Sicn Regalations 900 - 14 SIGN HEIGHT SETBACK IUUMINAnoN SUPPLEMENTAL PROVISIONS Ten feet Six feet from right-of-way, 20 feet from side property line. Externally Illuminated or internally illuminated sign letters or logos only. If parcel has 300 or more feet of parcel frontage and two two-way access points, one additional sign may be permitted. with the aggregate of both signs not to exceed 72 square feet. Logos may cover no more than 25 percent of the sign area. A changeable copy sign for schools, religious and public institutions only may be permitted in lieu of the permitted monument sign. APPROVAlS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA ILLUMINATION SUPPLEMENTAL PROVISIONS City Manager Office: 1 per wall face, or 2 for walls over 80 feet in length. Retail: 1 sign per tenant For establishments with up to two hundred feet of frontage on a single elevation, one square foot for each lineal foot of tenant frontage up to a maximum of thirty-five (35) square feet. For establishments with over two hundred feet of frontage on a single elevation, one square foot for each one lineal toot of tenant frontage up to a maximum permitted sign area of fifty (50) square teet. Reverse Channel letter sign only See gas station provisions contained in this Section APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA IUUMINATlON LOCATION City Manager One wall sign per building. Comer or through store locations may have an additional wall sign Such second sign shall be limited to 50 percent of the square footage of the primary sign and shall not be placed on the same building elevation as the primary sign. One square foot for each one lineal foot of building frontage up to a maximum of (100) square feet. Reverse Channel letter sign only No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. - " "" ' ~' ,jW;,'ii 1, :> ~ ~...~~~ APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA ILLUMINATION LOCATION City Manager Two wall signs per building, with only one wall sign per building elevation. One and one-half square foot for each one lineal foot of building frontage, up to a maximum of one hundred fifty (150) square feet. Reverse Channel letter sign only No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA City Manager One per establishment Four square feet City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 SigD RegUlatiODS 900 - IS ILLUMINATION MIN_OM CLEARANCE ABOVE WALK Internal illumination of letters only Eight feet. Must be rigidly attached. APPROVALS NECESSARY MAXIMUM N'*8ER LETTERING ILLUMINATION LOGO City Manager One per establishment One line; letters not to exceed six inches in hei ht. Prohibited Maximum of four SQuare feet. APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA ILLUMINATION LOCATION City Manager One per multi-tenant center, in addition to other permitted signs. 32 square feet. Complex name andl or address shall not exceed 50 percent of base height. Externall or internally illuminated signs On building wall (or freestanding within internal courtyard). ~ ~ c c , . . " '~I . c -, " J APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA ILLUMINATION City Manager One per establishment Four square feet Prohibited APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA HEIGHT OTHER RESTRICTIONS City Manager To be approved as part of site plan; if not approved as part of site plan, permit required. Four square feet Three feet Logos may cover no more than 25 percent of the sign area. APPROVALS NECESSARY MAXIMUM NUMBER MAXIMUM SIGN AREA MAXIMUM SIGN HEIGHT LENGTH OF DISPLAY FREQUENCY City Manager One per project 30 square feet. Four feet 14 consecutive days after issuance of initial occupational license. One per year per tenant. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sig. Regalatio.. 900 - 16 OTHER RESTRICTIONS Sign copy shall only include "Grand Opening" and the name of the project. Signs shall indicate expiration date on lower right hand corner. NUMBER MAXIMUM SIGN AREA MAXIMUM SIGN HEIGHT SETBACK LENGTH OF DISPLAY OTHER RESTRICTIONS 1 square foot Four feet 6 feet from property line Shall be removed within 10 days after closing, or in case of property for lease, within 5 days after all space is leased. Sign copy shall be limited to: (i) Situation - i.e. sale, rent, lease, zoning, size of property; (ii) Name of owner, broker or agent; (Ui) Phone number; (iv) Designs or trademarks not comprising more than 20% of Sign Area; MAXIMUM NUMBER MAXIMUM SIGN AREA MAXIMUM SIGN HEIGHT SETBACK LENGTH OF DISPLAY OTHER RESTRICTIONS One per lot. 4 square foot Four feet 6 feet from property line Shall be removed within 10 days after closing, or in case of property for lease, within 5 days after all space is leased. Sign copy shall be limited to: (i) Situation - i.e. sale, rent, lease, zoning, size of property; (ii) Name of owner, broker or agent; (iii) Phone number; (iv) Designs or trademarks not comprising more than 20% of Sign Area; MAXIMUM NUMBER MAXIMUM SIGN AREA MAXIMUM SIGN HEIGHT SETBACK LENGTH OF DISPLAY OTHER RESTRICTIONS One per lot. 32 square feet Six feet 6 feet from pro line ( Not in ri ht-of-w or within visibili trian Ie. Permitted for a 12 month period from day of building permit issuance or until construction is completed, provided active construction is on-going. Sign copy shall be limited to: (i) Project Name; (ii) Nature of development; (iii) General contractor; (iv) Architect; (v) Lending institution; (vi) Owner or agent; (vii) Phone number City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 SigD Regalatio.. 900 - 17 MAXIMUM SIGN AREA MAXIMUM SIGN HEIGHT MODEL ARROW SIGNS tillE UM'T OTHER RESTRICTIONS 4 square feet Four feet Three per development not to exceed two square feet each. Shall not be located in right-of-way or sight visibility triangle. Until certificate of occupancy is issued for last house in development. Sign copy shall be limited to: (i) Model; (ii) Builder; (iii) Architect; (iv) Agent; (vi) Number of bedrooms and baths; (vii) Telephone number APPROVALS NECESSARY MAXIMUM SIGN AREA FREQUENCY tillE UMIT OTHER UMITATIONS LENGTH OF DISPLAY ILLUMINATION City Manager Ten percent of window area up to a maximum of ten square feet. Business or use shall be limited to five such advertisin s. n 14 days Product advertising prohibited. Signs shall indicate expiration date on lower right hand comer. One per establishment Six square feet Six feet If placed on a movable stand, the sign may be located at the propertyl sidewalk line provided there is no disruption to pedestrian traffic; otherwise the sign shall be wall mounted adjacent to the establishment front entrance. Movable stand signs shall be displayed only during normal business hours. Indirect light solely for illuminating menu copy City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sigu RtlDlatiou. 900 - 18 (2) Changeable copy signs. a) Drive-through restaurant: In addition to other permitted signs, drive- through restaurant establishments shall be permitted to have a changeable copy sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (ill) sign shall not exceed six feet in sign height or 32 square feet in sign area; (iv) a landscaped area screening the base of all such signs. Additionally, whenever such sign is visible from a right-of-way a landscape material shall also be required and located so as to screen the sign from the right-of-way. b) Cinemas. cultural performance facilities and playhouses: May be permitted one sign in addition to those permitted by this chapter for the purpose of displaying changeable copy. At no time shall the additional changeable copy sign exceed 40 square feet in sign area for a single screen or stage theater. Multiple screen theaters may be permitted additional sign area, of ten square feet per movie screen. Such changeable copy sign shall contain only the title of the performance, the MP AA rating, the hours of the performance, and t~e name of the production company or of the major star. (3) Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall signs shall be prolnbited on gasoline station canopies. (4) Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential zoning district, such side or rear face shall present a completely finished appearance to screen structural support systems, electrical conduits and boxes, and unpainted surfaces as determined by the City Manager. (5) Nuisance and safety. a. Illumination. No externally or internally illuminated sign shall cause unreasonably excessive glare intensity visible from any adjacent residential district. b. Sight visibility triangle. No sign shall be located within a 25-foot triangle at the intersection of two public streets or within a 20-foot triangle at the intersection of a public street and a driveway (measured along the property or right-of-way line) unless it is 30 inches or less in height. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Siga Regalatioas 900 -19 (6) Landscaping of detached and freestanding siVls, Unless otherwise provided in these LDR's, all detached and freestanding signs shall be placed in a planting bed with at least 160 square feet of planting surrounding the sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a sign permit application. (7) ~. The number of flagpoles, which can be displayed at one time upon one site, is as follows: a) Residential: One pole per lot not to exceed a height of35 feet. b) Nonresidential: Two poles per lot not to exceed a height of35 feet. c) any commercial use on a parcel of two (2) acres or more may display its corporate emblem in the form of a flag, provided: (i) That there is no more than one such flag on any parcel; and (ii) That the area of such corporate emblem shall be deducted from the permitted area of the building-mounted sign. d) Flag size not to exceed 40 square feet. e) Height of the flagpole shall be as measured from the crown of the road. Installation of a flagpole requires a building permit and shall not be located less than seven feet from any public right-of-way line, or less than five feet from any adjacent property line. (8) Banners Within Public Riiht-of-Way: Banners may be displayed within a public street right-of-way for a period of up to thirty (30) days provided they are attached only to City approved pole mounted brackets installed specifically for banner displays, are solely for the purpose of promoting public events, seasonal decorations or holidays and are approved by the City Commission. In determining whether to grant or deny the request to display a banner, the Commission shall be guided by the standard that the event for which the banner is to be displayed shall be of a city-wide, public nature and shall have no commercial advertising except for the name and/or logo of the event or cause sponsor which shall not exceed in area 20% of the banner face. (9) Temporary Construction Fencing: Subject to approval by the City Manager, graphics and painted murals may be applied to temporary construction fencing erected at the perimeter of a construction site for the purposes of providing City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sig. Reg.latio.. 900 - %. an aesthetic enhancement of the screening fence. The graphics shall be of a non- commercial nature with limited sponsorship identification. A special permit shall be obtained from the City Manager as a temporary sign permit 901.12 Permit Required. 1) No sign, except for those signs except for those that do not require a permit, shall be painted, constructed, erected, remodeled, relocated, or expanded until a sign permit for such sign has been obtained in accordance with the provisions of this Chapter. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this chapter. No person shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this chapter. 2) Permit applications. Applications for permits required by this chapter shall be filed with the City Manager and shall contain, at a minimum the following information: a) Name and address of owner of proposed sign and/or authorized agent. b) Type ofsignlor sign structure with all relevant dimensions. c) Location and legal description of premises upon which sign is to be located. d) A plan or design of the sign, to scale, showing the square foot sign area and sign height of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. e) Value of the sign. f) Written permission to erect proposed sign from owner and/or owners of property on which said sign is to be erected. g) Such other structural and technical information as may be required by the Building Official or Zoning, Planning and Building Director. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Sic- Regalatioa. 90G - 21 3) Permit fees. Permit fees for the erection of signs shall be collected in accordance with the City Code. 4) Permit issuance: labels to be affixed. If upon examination, City Manager determines that an application is in conformance with the provisions of this chapter, he/she shall cause a written permit to be issued authorizing the installation of the sign. With each permit the City Manager shall also cause a label to be issued bearing a unique identification number. This label shall be affixed to the sign by the permitee prior to final inspection by the Building Official, in a manner so that the label will be readily visible for inspection purposes. Absence of such a label upon any sign constructed or installed shall be prima facie evidence offailure to meet the requirements of this chapter. 5) Permit Expiration a) A sign permit shall expire and become null and void if the sign is not erected or a final inspection has not occurred within a period of six (6)) months from the date of the permit. b) In the event the sign is not erected within the six (6) month period, an application for extension of an additional two (2) month period may be made to the City manager prior to the City Commission approval. Such an extension may be granted if the proposed sign is in accordance with current applicable regulations. If the proposed sign is not in accordance, the application for an extension shall be denied. 6) Permit revocation. Permits issued under this chapter shall be valid for the life of the sign approved. However, any permit may be revoked by the City Manager upon the determination that the sign is not in full compliance with the provisions of this chapter. 7) ARpeals of administrative decisions. Any permitee appealing an administrative decision relating to a sign application or the permitting process may appeal such decision to the City Commission by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager. The Clerk shall place such item on the next available City Commission agenda. 901.13 Non-confonninV' Signs. All future changes, modifications or additions, except for routine maintenance and repairs, to any signs will, at the time of such changes, require conformity to all provisions of this Chapter. 1) Amortization of sign code non-conformities. The following signs existing at the time of adoption of this Chapter fail to conform fully to the provisions of this chapter are therefore deemed non-conforming and may remain for a period of three (3) years from the effective date of the LOR's, provided that no structural akerations, modifications or changes to the size or shape of the sign are made thereto and further provided that should a property owner wish City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Siga Regalatioa. 900 - 22 to conform to the terms of this sign ordinance, the permit fee shall be waived. All such non-conforming signs shall be completely removed from the premises or made to conform by December 20, 2005: a) Any sign that does not conform to all provisions of this Chapter; b) Those signs that display services or products ( advertisements) as opposed to the business or establishment name; 2) Other termination ofnon-confonnin~ signs. a) By abandonment. Abandonment of a non-conforming SIgn shall terminate its non-conforming status. b) By damage or poor condition. The non-conforming status of a sign shall cease whenever the sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the sign becomes a hazard or danger. c) Abandoned and damaged signs, as descnOed in this chapter, shall be removed by owners in accordance with the requirements of this chapter. 3) Maintenance of non-confonnin~ signs. Non-conforming signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Commission, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of non-conforming status. If the cost of repairing the sign equals 500.10 or more of the original cost of the sign, then its classification as a nonconforming sign shall be automatically revoked and repairs shall be made so that the sign meets all the requirements of this chapter. 4) Non-conformities created by amendments to this sign chapter. Any sign, which becomes non-conforming as a resuh of any subsequent amendments to this chapter shall be completely removed from the premises, or altered to conform, not later than three years from the date such sign becomes non- conforming. 5) Registration required. All non-conforming signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this Ordinance are illegal and shall be removed immediately and shall not be entitled to status as lawful non-conforming SIgns. city of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sig. Reg.IaOODS 900 - 23 901.14 Sign Maintenance. 1 ) Maintenance. All signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the sign. The area around the base of the sign shall be kept free of weeds and debris. If a sign does not comply with the above standards, the City Manager may require its removal in accordance with this chapter. 2) Dangerous or defective signs. No person shall permit to be maintained on any premises owned or controlled by himlher, any sign that is in a dangerous or defective condition. Such sign shall be removed or repaired by the owner of the sign or the owner of the premises. 901.15 Removal of Improper Signs. 1) Removal. The City Manager shall cause the removal of any sign that does not comply with the requirements of this Chapter and the City of Sunny Isles Beach Code Enforcement Section, or, as otherwise outlined by law. 2) Emergency. Notwithstanding the above, the City Manager may cause the immediate removal of any sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager may cause the sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal. 3) Removal or repair costs. Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No occupational license shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner 901.16 Temporary Political Signs Regulations regarding temporary political signs are outlined in Ordinance No. 98- 37 of the City of Sunny Isles Beach Code. All political signs shall be removed within 14 days of election:. City of Sunny Isles Beach-Land Development Regulations Adopted December 10,2002 Sica Regaladoa. 908 - 24 Chapter 10. LANDSCAPING REQUIREMENTS 1001 LANDSCAPING REQUIREMENTS 1001.1 Purpose and Intent. - The purpose and intent of this article is to provide requirements, standards and regulations for the installation and maintenance of landscaping and landscaped open space. The City recognizes the aesthetic, ecological and economic value of landscaping and requires its use to: . Preserve and enhance Sunny Isles Beach's urban forests; . Promote the reestablishment of vegetation in the urban area for aesthetic, health and urban wildlife reasons; . Reduce storm water runoff pollution, temperature and rate and volume of water flow; . Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; . Create and enhance a subtropical environment to reinforce the identity, distinctiveness and sense of place for Sunny Isles Beach that is essential to the quality of visitor experiences that strengthen the City's economic base of tourism. . Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses; . Unify development and enhance and define public spaces; . Promote the retention and use of existing and native vegetation; . Aid in energy conservation by providing shade from the sun and shelter from the wind; . Restore natural communities through re-establishment of native plants; . Mitigate for the loss of natural resource values; and . Maintain and improve the aesthetic quality of the City of Sunny Isles Beach, thereby promoting the health and general welfare of its citizenry. 1001.2 Applicability. - The provisions contained herein shall be applicable to all projects comprising new construction or substantial additions and alterations, Also, if landscape in excess of 50 percent of total site landscaping requires replacement, the entire property shall be brought up to current landscape standards and requirements. This chapter establishes minimum standards and shall apply to all public and private development when a building permit is required. 1001.3 Definitions. - The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Adopted December 10, 2002 CHAPTER 10 Laadseape Requiremeats 1000 - 1 Automatic irrigation system: An irrigation system with a programmable controller including a rain sensor. Buffer/perimeter landscape: An area of land which is set aside along a perimeter of a parcel of land in which landscaping is required to provide a visual barrier or aesthetic transition between different land uses or to provide a landscape area between the public right-of-way and the off-street parking area and to eliminate or reduce the adverse environmental impact, or incompatible land use impact. Caliper: For trees under four inches in diameter, the trunk diameter measured at a height of six inches above natural grade. For trees four inches and greater in diameter, the trunk measured at 12 inches above natural grade. . City: City of Sunny Isles Beach, Florida. Director: The Director of Zoning, Planning and Building of Sunny Isles Beach, Florida, or designee. Drip line: An imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground. Dumpster: A refuse container of one cubic yard or larger. Grey wood: The area of trunk on a palm from ground level to the palm frond sheath except where removal of branches is necessary to protect property and public safety. The following trees are exempt from this section: Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia auriculiformis, Bischofia javanica, Araucaria heterophylla (Norfolk Island Pine), or Thespesia populnea (Seaside Mahoe). Ground Cover: Plant material, which normally reaches a maximum height of not more than 24 inches. Hatracking: To flat cut the top of a tree, severing the leader or leaders; or pruning a tree by stubbing off mature wood larger than three inches in diameter; or reducing the tree's living canopy by more than one-third except where removal of branches is necessary to protect property and public safety. The following trees are exempt from this section: Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia Auriculiformis, Bischofia Javanica, Araucaria heterophylla (Norfolk Island Pine), or Thespesia Populnea (Seaside Mahoe). Bazard Pruning: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the National Arborist Association standards as incorporated herein. Adopted December 10, 2002 CHAPTER 10 Landscape Requirements 1000 - 2 Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs or trees or any combination thereof. Landscaping Material: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, shrubs, vines, hedges, and trees or palms. Lawn Area: An area planted with lawn grasses. Moisture and Rain Sensor Switch: Devices, which have the ability to switch off an automatic irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil. Mulch: Non-living organic materials customarily used in landscape design to retard weed infestation, erosion, and retain moisture and for use in planting areas. Native Plant Species: Plant species with a geographic distn'bution indigenous to all or part of Miami-Miami-Dade County. Plants which are described as being native to Miami- Miami-Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P.B. Tomlinson, are native plant species within the meaning of this definition. Plant species, which have been introduced into Miami-Miami-Dade County by man, are not native plant species. Natural or Conservation Area: An area, as identified in the city's comprehensive plan, designated on the site plan containing natural vegetation, which will remain undisturbed when property is fully developed. Palms: Members of the Palmae family, which are monocots characterized by palmae or pinnate fronds attached to a trunk with a single growing point on each trunk. Palms may be single or multiple trunks. Prohibited Plant Species: Those plants listed in the Miami-Miami-Dade County landscape manual which are demonstrably detrimental to native plants, native wildlife, ecosystems or human health, safety, and welfare, except as specifically allowed as hedge material only and upon approval of the director. Protective Barrier: A temporary fence or other structure built to restrict passage into an area surrounding a tree for the purpose of preventing any disturbance to the roots, trunk or branches of the tree or trees. Retention Area: An area designed and used for the temporary or permanent storage of stormwater runoff, which may be either dry or wet retention as defined below: (1) Dry retention is an area which is designed for temporary storage of storm water runoff and which ~ one foot above the ground water level as established by the Water Control District and has a maximum slope of 4: 1. Adopted December 10, 2002 CHAPTER .8 LaDdscape RequiremeDts 1000 - J (2) Wet retention is an area which is designed for the permanent storage of water and is at least one-half acre in size, with an average width of not less than 100 feet and a minimum depth of eight feet below ground water level as established by the Water Control District, with maximum slope 4:1 extending down to a point five feet below the low water line. Setback and yard areas: The front, side and rear areas or yards as established and required under these LDRs and within the zoning district requirements applicable thereto. Shrub: A self-supporting woody perennial plant, usually with several permanent stems, normally growing to a height of 36 inches or greater, characterized by multiple stems and branches continuous from the base. Tree: Any self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least four inches when measured at a point 41/2 feet above ground level and which normally attains an overall height of at least 25 feet, usually with one main stem or trunk and many branches. Tree abuse: Tree abuse shall include: (1) Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application of spillage, or change to the natural grade. (2) Hatracking. (3) Girdling or bark removal of more than one-third of the tree diameter. (4) Tears and splitting of limb ends or peeling and striping of bark resulting from improper pruning techniques not in accordance with the current National Association Standards. Tree Canopy: The aerial extent of the branches and foliage ofa tree. Vehicular Use Area: A hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles. Vines: Plants with flexible stems, which normally require support to reach mature form. Visual Screen: A physical obstruction used to separate two areas or uses, which are at least 75 percent opaque. Visual screens shall be living plant material, of natural or manmade construction material or any combination thereof. Adopted December 10,2002 CHAPTER 10 Landscape Requirements 1_ - 4 Xeriscdpe: A type of landscaping utilizing native plants and ground cover that needs reduced water and little maintenance, which is detailed in the South Florida Water Management District publication, Xeriscape, Plant Guide II as amended, incorporated herein by reference. 1001.4 Landscape plan required. A landscape plan shall be submitted in conjunction with a site plan. The landscape plan shall be drawn to a scale not less than 1" = 20'-0". All landscape plans must be signed and sealed by a State of Florida Registered Landscape Architect. This plan shall clearly delineate existing and proposed buildings, parking, driveways, or other vehicular use areas. The plan shall also designate the name (botanical and common), size (height and spread), quantity, quality and location of the plant material to be installed, as well as the name, size, location, and condition of viable, existing vegetation. The plan shall also include a tabulation of required and provided plant materials. The use of xeriscape principles in the development of this plan is strongly encouraged. No building permit or site plan approval shall be issued unless such landscape plan complies with the provisions herein. 1001.5 Minimum landscape requirements for aU zoning districts. 1) Tree specifications. a. Required trees shall be of a species, which normally grow to a minimum height of25 feet and have a mature crown spread of not less than 20 feet with trunks, which can be maintained, with over six feet of clear wood. Emphasis is given to the use of native species. b. All required trees shall have a minimum caliper or diameter at breast height (D.B.H) of three inches and be a minimum of 12 feet in height at time of planting. A list of approved required trees is available from the Director of the Zoning, Planning and Building Department. c. Required palms shall be a minimum of 14 feet in height and six feet of gray wood. d. No more than 40 percent of all required gray wood trees shall be of a palm speCIes, e. Three palm trees shall be clustered to equal one required tree: The three palm trees in the cluster shall be of differing heights, with a minimum three-foot stagger between adjacent palms, but, in no case smaller than 14 feet in height. Roystonea sp. (Royal Palm) and Phoenix sp. (Date Palm) may have matching heights. f. It is prohibited to paint the trunks of trees or palms. Adopted December 10,2002 CHAPTER 18 Landscape Requirements 1000 - 5 2) Other plant material specifications. a. Shrubs and hedges: Shall be of a self-supporting, woody, evergreen species and shall be a minimum of two feet in height at time of planting. Hedges shall be planted and maintained so as to form a continuous, solid visual screen, of not less than three feet in height, within one year of planting. Spacing of plants shall be no more than 24 inches on center. Double staggered rows may be required in some areas. b. Ground covers: May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawn grass: Shall be St. Augustine 'Floratam' solid sod, or other lawn type, as approved by the Director, reasonably free of insects and noxious weeds. d. Quality: Plant material shall comply with required inspections, grading standards and plant regulations as set forth by the Florida Department of Agriculture's "Grades and Standards of Nursery Plants, Part I", latest revisions, and "Grades and Standards for Nursery Plants, Part II for Palms and Trees", or with superseding standards called for in these specifications. Plants shall conform to Florida No. 1 or better regarding: 1) Shape and form. 2) Health and vitality. 3) Condition offoliage. 4) Root system. 5) Free from pest and mechanical damaged. 6) Heavily branched and with dense foliage. e. Mulch: All exposed soil areas in planting beds, including hedgerows, shall be kept weed free, and mulched to a minimum three-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines: Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. Adopted December 10, 2002 CHAPTER 10 LaDdscape ReqairemeDu 1000 - 6 3) Installation. a. Planting methods: All plant material shall be installed following accepted planting procedures as defined by the American Association of Nurserymen and The Florida Nurserymen and Growers Association. b. Curbing: Landscaped areas, walls, structures, and walks shall require protection from the encroachment or overhang of vehicles. A continuous concrete curbing not less than six inches in height, shall be installed to prevent such encroachment. c. Existing plant credit: In instances where healthy plant material exists on-site (particularly native or xeriscape species), the Director or Designee may adjust the requirements of this article to allow credit for such plant material it: in his opinion, such an adjustment is in keeping with and will preserve the intent of this article. d. Permit requirements: A landscape permit will be required prior to installation. 4) Irrigation. All newly landscaped areas shall be provided with a fully automatic underground irrigation system that provides 100 percent coverage to all landscaped areas. The irrigation system should be designed to provide only the required water to sustain viable plant material. The use of a porous, pipe subsurface irrigation system that requires low water volume and pressure is encouraged when adjacent to vehicular roadway areas. a. The operation of an irrigation system during periods of heavy rainfall is prolubited and shall conform to standards and regulations as established by the South Florida Water Management District. Irrigation controllers shall be switched to manual operation during periods of increased rainfall. Use of rain gauge sensors is required. b. For purposes of water conservation and good horticultural practice, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone and schedules from those irrigating trees, shrubbery or other reduced water requirement areas. c. Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to non-pervious areas is eliminated. d. Use of non-potable water for use in the irrigation of lawn and plant material is required when determined to be available. Adopted December 10,2002 CHAPTER 10 La.dsaape Requirements 1000 - 7 e. Existing developed properties, which receive three or more code violations in a l2-month period for landscaping which in the opinion of the city are attnoutable, wholly or partially, to lack of proper watering shall be required to install an irrigation system. 1001.6 Maintenance. I) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, neat, and orderly appearance and clear of weeds, refuse and debris. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. 2) Failure to Conform or Maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-confonnance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Zoning, Planning and Building Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Sunny Isles Beach. 3) Tree Hatracking. It shall be unlawful for any person, firm or city department to hatrack any tree. 4) Edging. Edging shall be accomplished m such a manner so as not to destroy landscaping material. 5) Fertilization. Fertilize landscaping material, as needed, to maintain healthy, viable growth. Apply appropriate fertilizer to avoid symptoms of chlorosis and trace element deficiency. Use of environmentally safe fertilizer is required. Application of fertilizer must conform to manufacturers specifications. 1001.7 Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater, except for Schinus terebinthifolius (Brazilian Petter), Metopium toxiferum (Poison Wood), Albizia Lebbeck (Woman's Tongue), Dalbergia Sisoo (Indian Rosewood), Thespesia Populnea (Seaside Mahoe), Hibiscus Tilliaceus (Mahoe), Casuarina spp. <Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Ficus Benjamina (Weeping Fig), Ficus Nitida (Laurel Fig) species, Acacia Auriculifonnis (Earleaf Acacia), Bishoffia Javanica or Araucaria heterophylla (Norfolk Island Pine) shall be removed or relocated without a permit from the Zoning, Planning and Building Department of the City. In evaluating whether to grant a tree removal permit, the Director Adopted December 10, 2002 CHAPTER 18 LaDdscape RequiremeDts 1000 - 8 or Designee shall consider the size, species (native or not), heahh, rareness and age of the tree. A tree survey identifying all existing trees over three inches in diameter shall be included with any building pennit application. This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees, which are proposed to be destroyed, relocated, or preserved, the botanical name and common name of each tree, and the diameter, height and canopy spread of each tree. In addition, all applicable portions of Miami-Dade County Tree Protection Ordinance #89-8 are adopted herein. 1) Protective Barrier. During site development, trees designated for preservation shall have protective barriers placed around each tree or cluster of trees at the drip line, or a minimum of six feet (in radius) from the trunk whichever is greater, of any protected tree. In addition, no excess soil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers. 2) Relocation Standards. Trees that are to be relocated shall be consistent with the following minimum standards: a. Tree roots shall be severed a minimum of six weeks prior to relocation and in such a manner to provide a root ball, which is sufficient to ensure survival of the tree when relocated. b. After relocation, tree(s) shall be watered a minimum of three times per week until tree( s) are established. c. Any tree that dies or becomes nonviable within six months of relocation shall be replaced with a comparable species and size, as determined by the Director or Designee. 3) Tree removal authorization. A tree removal may be authorized when one of the following conditions exist: a. It is determined by the Director or Designee, that tree relocation is not feasible. b. An equivalent tree canopy is replaced on the same site. The owner or his agent will be responsible for replacing any tree that dies with a tree of comparable species and size, as determined by the Director or Designee. c. The tree to be removed is examined by the Director or Designee, and is determined to be dead, severely damaged, or a safety hazard. All tree removal requires a tree permit application. 1001.8 Minimum Design Standards. The following shall apply to all developments requiring site plan or permit approval except for single and two-family dwellings: Adopted December 10,2002 CHAPTER 10 Landscape Requirements 1000 - 9 1001.8.1 Landscape Plans. Landscape plans shall be prepared by, and bear the seal of a landscape architect licensed to practice in the State of Florida, or by persons authorized to prepare landscape plans or drawings by F.S. ch. 481. Landscape plans shall be submitted with the initial master plan for the development. 1001.8.2 Conformance to Streetscape Master Plan. All landscape plans shall conform to the standards and criteria of the adopted Sunny Isles Beach Streetscape Master Plan. 1001.8.3 Perimeter Landscape Requirements. Adjacent to any street right-of-way, plus along the perimeter of all vehicular use areas, there shall be a continuous bu1rer strip of not less than seven feet in width except along designated "Primary Pedestrian Pathways" and where provisions of these LDRs and the City's Streetscape Master Plan specifically provide otherwise. These buffer strips shall include at least one tree for each 30 linear feet, or portion thereof: ofperlmeter. Where these buffer strips abut a vehicular use area, there shall be installed a hedge, berm, or other durable landscaped visual barrier, of not less than three feet in height and solid within one year of planting. Where the vehicular use area is highly visible from the public right-of-way, a double row of hedge shall be required. Sod or groW1d cover with irrigation. shall be installed to the edge of pavement. The following are exceptions to the perimeter landscape requirements: a. Access drives: Necessary access ways shall be permitted to traverse required perimeter buffer strips. b. Abutting a right-of-way but no vehicular use area: Buffer strips of not less than seven feet in width shall require continuous hedges and one tree for every 25 feet. c. Abutting another vehicular use area: Accessways may traverse required buffer strips along common interior lot lines when said accessways improve overall vehicular circulation within and between abutting properties. d. Abutting a residential district: Buffer strips of not less than seven feet in width shall include a continuous solid wall, hedge, or other barrier vegetation at least five (5) feet in height, and one tree every 25 feet. All walls adjacent to a public roadway are to be located in order to allow vegetation and/or a vine to be planted at the base of the wall to screen the wall for anti-graffiti purposes. In addition, grass or ground cover shall be planted in the remaining open space of this buffer. Adopted December 10,2002 CHAPTER 10 Landscape Requirements 1000-10 1001.8.4 Interior Landscape Requirements. Within the interior of any vehicular use area (total area less required perimeter buffer strips), the following shall be required: a. When the interior of any vehicular use area is designed for off-street surface parking purposes, the following shall be provided: 1. Tenninal Islands: Contiguous rows of parking spaces shall be terminated on both ends with landscaped islands with not less than seven feet in width (excluding curbing), and with a minimum of one tree per each island. The ends of such islands may be tapered to accommodate vehicle circulation. Such islands shall extend the entire length of the parking space and include at least one tree for every 100 square feet, or portion thereof: of said island. The remainder of the terminal island shall be well landscaped with grass or ground cover. 2. Interior Islands: Landscaped interior islands shall be seven feet in width (excluding curbing) and not less than 90 square feet each in area and shall be placed within individual rows of contiguous parking spaces so that there is not less than one island for every ten parking spaces, or portion thereof and shall continue the full length of the contiguous parking space. At least one tree shall be planted in every interior island and the remainder of the island shall be landscaped with grass or ground cover. Interior islands should not be placed directly opposite each other when in abutting parking rows, except when a pedestrian walkway crosses a parking area and it is desirable to utilized aligned islands to provide a pathway for pedestrian movements, in which case the island may be paved with interlocking, sand set pavers. Any arrangeme~ which creates a non-regimented appearance, relieves monotony, increases tree canopy and fulfills the requirements of this article may be approved. 3. Where any row of contiguous parking spaces is located so as to abut another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between contiguous rows. 4. Divider medians: Where any row of contiguous parking spaces is located so as to abut an interior driveway rather than another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between said row and the abutting driveway. At least one tree shall be planted for every 25 lineal feet of said median and the remainder of said median shall be landscaped with grass or ground cover. Adopted December 10,2002 CHAPTER 10 Landscape Requirements 1_.11 b. When the interior of any vehicular use area is designed primarily for purposes other than off-street parking, such as for drive-in or drive-through banking or retailing, the drive-through lane shall be separated from other vehicular use areas for its entire length, with a five-foot wide (excluding curbing) landscaped area planted with one tree for every 25 linear feet, and with lawn grass or ground cover. The portion of the drive-through lane that is adjacent to the primary structure shall have a minimum three feet wide landscaped area between the structure and the drive-through lane. 1001.8.5 Landscape requirements for non-vehicular use areas. Develop a landscape plan that beautifies, provides shade, and complements the architecture of the adjacent building. 1001.8.6 Clear sight triangles. a. When an accessway intersects a public street or alley right-of-way, or another accessway, or when the vehicular use area is contiguous to the intersection of two or more public rights-of-way, all landscaping within the triangular areas created by such intersections and defined below shall provide unobstructed vision clearance at an elevation of 30 to eight feet in height. Vision clearance requirements shall comply with American Association of State Highway & Transportation Officials (AASHTO). b. Trees having over six feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elements, except for grass, ground cover, or hedges shall be located nearer than five feet to any accessway intersection of a public road. c. Intersection of two public streets: The vision clearance area shall be the triangular area formed by the intersection of the two streets beginning at the point where property lines meet at the corner, or in the case of rounded property comers, the point at which they would meet without such rounding, and then extending 25 feet along each property line. The vision clearance area shall be where a diagonal line connects the two furthermost points. d. Intersection of any alley or accessway with a public street, or with another alley or accessway area at such intersections shall be as defined above, except that the two equal sides of the triangular area shall be 15 feet in length. e. Where City, Miami-Dade County or Florida Department of Transportation (FDOT) roads are involved, meet all City, Miami-Dade County, or FDOT design criteria related to highway safety for all landscaping material. Adopted December 10, 2002 CHAPTER 18 LaDdscape Requiremnts 1000..12 1001.8.7 Required Landsca>>e or Pervious Areas. Not more than 60 percent of such areas shall be grass. The balance shall be ground cover, shrubs, or other suitable landscape material. 1001.8.8 Dun:q>sters. All dwnpsters shall be completely screened from view from the adjacent properties and the public right-of-way by the use of walls or fences and landscaping material. 1001.8.9 Retention Areas. Retention areas shall be 1and~ with suitable planting material so as to create an aesthetically pleasing appearance. 1001.8.10Drive-through. Drive-through or loading areas shall be screened from view from the adjacent properties and the public right-of-way by the use of landscaping material. 1001.8.11 Garage and Building Rooftop Landscaping. Not less than fifty (50) percent of rooftop areas of buildings that ancillary to and are visible from upper level dwelling or hotel units in adjacent primary use residential or hotel towers on the same site shall be screened or buffered through the use of landscaped horizontal trellis structur~ shade or palm trees in irrigated planters~ canopies, screening walls enclosing mechanical equipment and/or through the decorative surface treatments of flat roof areas with patterns of gravel or other surfacing materials in varying shades and hues to create a graphic composition. Open rooftop parking on garage structures adjacent to upper level residential and hotel units shall be fully screened through the use of landscaped trellis structures, canopies or shade or palm trees in irrigated planters. Adopted December 10, 2002 CHAPTER 18 Landscape Requirements 1_-13 Chapter 11: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY 1101. Development Standards All development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in this article and other regulations outlined in the LOR. These standards sball be considered to be rninimlJrn requirements and may be exceeded by the property owner. In considering development plans, the Zoning, Planning and Building Department, and City Commission shall be guided by the standards set forth hereinafter. 1102 Subdivision Design Standards In considering plans for the subdivision of land, the appropriate review bodies shall be guided by the standards set forth hereinafter. 1102.1 General. 1102.1.1 Character of Land. Character of land. Land to be subdivided shall be of such character after development that it can be used safely for the intended purposes. 1102.1.2 Conformity to the Transportation Element. Future Transportation System Plan and the Comprehensive Plan Subdivisions shall conform to the Future Transportation System Plan and shall be consistent with the City's Comprehensive Plan. Future Transportation System shall conform to the criteria and characteristics established by and shown on the Future Transportation System Plan. 1102.1.3 Specifications for Required Improvements. All required subdivision improvements should be constructed or installed to conform to the City specifications. 1102.1.4 Street Capacities. Street capacities shall be determined by the standards established in the current edition of the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C. and shall meet the L.O.S. adopted by the Comprehensive Plan. City of Sunny Isles Beach-land Development Adopted December 10, 2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 1 1102.1.5 Sidewalks. Sidewalks shall be provided on both sides of a public or private street right-of-way. All interior private sidewalks shall connect with the sidewalks in the right-of-way. Handicap ramps not exceeding a slope of one foot vertical to 12 feet horizontal shall be provided at all intersections. 1102.1.6 Traffic En~ineering Standards. The more stringent of either the Florida Department of Transportation or Miami Dade County Traffic Engineering Division Regulations shall apply in all cases. 1102.2 Street Layout. 1102.2.1 Width. Location and Construction Streets shall be of sufficient width, suitably located, and adequately constructed to accommodate the prospective traffic at the adopted level of service identified in the City's Comprehensive Plan, and to afford access for fire fighting and road maintenance equipment. 1102.2.2 Arrangement The arrangement of streets shall be such so as to compose a functional system, which provides safe and adequate access to and from private property. The arrangement of streets in the subdivision shall provide for the continuation of arterial and collector streets of adjoining subdivisions, and for proper projection of arterial and collector streets into adjoining properties which are not yet subdivided, in order to take into account necessary fire protection, movement of traffic and the construction or extension of needed utilities and public services. 1102.2.3 Access To Streets. Development projects shall be designed to maintain a hierarchy of street access so that the interior of development parcels are served by local streets or parking lots, local streets and parking lots shall be connected to collector streets or arterial streets where permitted, and collector streets shall be connected to arterial streets or other collector streets as provided for herein. 1102.2.4 Driveway Access. city of Sunny Isles Beach-land Development Adopted December 10, 2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 2 Residential lot driveways shall only access local streets. Residential parking lots may access local, collector or arterial streets provided adequate turn lanes and vehicle storage areas are provided and the street being accessed has sufficient capacity to accommodate the traffic. Non- residential development shall only access collector and arterial streets. The minimum spacing between driveways shall be as provided for in Chapter 8, Driveway Standards. 1102.2.5 Local Streets. Local streets shall be so laid out that their use by through traffic will be discouraged. 1102.2.6 Street Connections. Non-residential development with parking for 20 or more vehicles and residential property with 20 lots or more shall have at least two connections with a publicly accessible street which shall exist prior to the issuance of certificates of occupancy. In lieu of the two required connections, one connection may be permitted if adequate provision for emergency and service vehicles is provided. 1102.3 Minimum Intersection Spacing 1102.3.1 Local Street Intersections With Collector and Arterial Streets. Local street or cul-de-sac openings into collector streets shall be a minimum distance of 660 feet from another intersection, or in the case of a T-type intersection, a minimum distance of 330 feet from any other intersection. Local streets and local dead-end streets may not intersect an arterial unless unavoidable in which case the local street may intersect an arterial only if aligned with and extending an existing local street which intersects the arterial or is a minimum of 660 feet from another minor or collector street intersection with the arterial, and is a minimum of 760 feet from the intersection of two arterial streets. 1102.3.2 Collector Street Intersections with Arterial Streets. A collector street or collector dead-end street may intersect an arterial if aligned with and extending an existing or planned collector which intersects the arterial or is a minimum distance of 1320 feet from the intersection of an existing collector and the arterial, and is a minimum distance of 1420 feet from the intersection of two arterial Future Transportation System. City of Sunny Isles Beach-land Development Adopted December 10, 2002 Chapter 11 - DEVELOPMENT STANDARDS 1100- 3 1102.3.3 Intersection of Two Collector Streets. A collector street may intersect another collector but only if aligned with and extending an existing or planned collector or is a minimum distance of 660 feet from any other intersection of the collector. 1102.4 Street Design. 1102.4.1 Geometric Design of Street. The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation and A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association of Street Highway and Transportation Officials (AASHTO). 1102.4.2 Street Jogs at Intersections. Street jogs with centerline offsets of less than 125 feet shall not be permitted unless required to provide a connection to existing platted streets. 1102.4.3 Angle oflntersection. In general, all streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins. This requirement may be modified for the intersection of two local streets if it can be shown that an alternate design will meet minimum safe site distance requirements. 1102.4.4 Widths of Rights-of- Way. The paved portion of the right-of-way shall have the minimum widths specified in Table 1102-1. When not functionally classified by the FOOT, the classification of streets shall be determined by the Zoning, Planning and Building Director. The actual width of a right-of-way shall be determined based on the ultimate cross section design needed to accommodate the projected level of traffic at the adopted level of service. Additional right-of-way may be required for a bicycle lane, in compliance with a City or County bicycle circulation plan. City of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 4 TABLE 1102-1 WIDTHS OF PUBLIC AND PRIVATE RIGHTS-OF-WAY Street Type Minimum Ultimate Sidewalk Rights-of- Way Traffic Lanes Width/I Arterial street 106 feet 6 6 feet 4 Lane Collector 87 feet 4 5 feet 2 Lane Collector 60 feet 2 5 feet Local Street 50 feet 2 4 feet 1/ A pedestrian/bicycle path, which is a minimum of six feet wide and constructed within an easement adjacent to the right-of-way, may be used in lieu of the required sidewalk on that side of the right-of-way. 1102.4.5 Public Utility Easements. Where conditions make impractical the inclusion of utilities within the street right-of-way, perpetual easements with satisfactory width and access, as determined by the City, shall be required. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Side yard easements containing underground pipes are discouraged. However, in such cases when necessary said easements shall be determined by the Zoning, Planning and Building Director. Such easements shall be cleared, demucked, and graded where required. 1102.4.6 Underground Utilities. All facilities for the distribution of electricity, telephone, and cable television shall be installed underground in new subdivisions. Appurtenances such as transformer boxes, pedestal mounted terminal boxes and meter cabinets may be placed above ground on a level concrete slab and shall be located in such a manner to minimize noise effects upon the surrounding properties. Such appurtenances shall be landscaped in accordance with the landscape requirements outlined in this code. Street lighting poles and fixtures may be placed above ground. Primary transmission lines carrying in excess of 7,000 volts single phase or 12,000 volts three phase may be suspended above the surface. city of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 5 New pole lines located within or adjacent and parallel to a road right-of- way, which serve new developments, shall be, constructed, have reinforced concrete. At the time of development the City shall require replacement of existing wood poles with concrete poles. 1102.4.7 Grades. Longitudinal slopes of all streets shall conform in general to the Department of Transportation standards for arterial, collector or local streets. Grades shall be approved by the Zoning, Planning and Building Director. 1102.4.8 Curve Radii at Local Street Intersections. All local street right-of-way lines at intersections shall be rounded by curves of at least 25 feet radius. 1102.4.9 Dead-end Streets (cul-de-sacs). Dead-end streets exceeding 150 feet, shall terminate in a circular turn- around having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of temporary dead-end streets a temporary turn-around with a pavement radius of 38 feet shall be provided, unless the Zoning, Planning and Building Director approves an alternate arrangement. 1102.4.10 Watercourses. When a street is proposed to abut any canal, or a water body, provision shall be made for adequate safe vehicular recovery area between the ultimate edge of right-of-way and the edge of water. The distance from the outside edge of the ultimate right-of-way to the edge of water shall be no less than 50 feet for roads with a design speed of 50 miles per hour or greater and 40 feet for roads with a design speed less than 50 miles per hour. A guardrail shall be required for lakes and canals where it is not possible to maintain these required minimum distances. 1102.4.11 Curve Radii. In general, street lines within a block, deflecting from each other at anyone point by more than ten degrees, shall be connected with a curve, the radius of which for the centerline of street shall not be less than 400 feet on arterial streets, 200 feet on collector streets and 100 feet on local streets. 1102.4.12 Private Streets. City of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 6 It is the policy of the City to discourage private streets. However, private local streets may only be permitted by the City when the design and construction of such streets meets or exceeds the minimum standards and specifications as outlined or referred to herein for public streets; and when a method suitable to the City is established for the perpetual maintenance of said private streets by developer or by the development's homeowner's association, and with the provision of a permanent access easement for service and emergency vehicles, maintenance and repair of public and semi-public utilities and common area improvements. Sidewalks and setbacks along private streets shall be from the theoretical right-of-way line. Notwithstanding anything to the contrary in this Code, no private streets shall be pennitted by the City unless the owner of the private streets executes an agreement with the City whereby the City is authorized to enforce the City's traffic and parking ordinances and regulations over private roads. 1102.4.13 Street Lights. Installation of streetlights shall be required in accordance with design standards of Florida Power and Light and an approved site plan. 1102.4.14 Inverted Crowns. Inverted crown roadways shall not be permitted on public or private streets. This limitation shall not apply to private parking lots or private driveways within multifamily development. 1102.5 Addresses 1102.5.1 Type of Name. All streets shall be numbered or named in accordance with a numbering system approved by the U.S. Post Office and Zoning, Planning and Building Director. All streets shall have a sign displaying the street number or name. Street signs shall have reflective type lettering meeting Miami-Dade County standards. 1102.6 Lots. 1102.6.1 Lots In Conformance With Zoning District Lots shall be subdivided in conformance with the applicable zorung district's development standards. City of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 7 1102.6.2 Side Lines. All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines. 1102.6.3 Driveway Access. Driveway grades and access shall conform to City specifications and the requirements of this section. 1102.6.4 Frontage On Curve or Cul-de-sac. The minimum arc frontage for lots abutting the turnaround of a cul-de-sac shall be 25 feet for residential uses and 60 feet for non-residential uses. 1102.7 Storm Drainage and Water Management Design Standards. 1102.7.1 Minimum elevation (centerline of street). The minimum elevation (centerline of street) shall be as established in compliance with the Miami-Dade County Environmental Resources Management and subject to the approval of the Zoning, Planning and Building Director. 1102.7.2 Specific Standards for Flood Hazard Reduction. In all areas where base flood elevation data has been provided, the following provisions are required: (a) Residential Construction. New construction or substantial improvement (more than 500.10) of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of subsection (d) below. (b) Non-residential Construction. New construction or substantial improvement (more than 500.10) of any commercial, industrial, or non- residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation or 18 inches above the highest point of the adjacent road crown elevation, whichever is higher. Structures located in all A- City of Sunny Isles Beach-land Development Adopted December 10, 2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 8 zones may be flood-proofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyance. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the City as set forth in subsection (d). below. (c) Elevated BuildiniS. New construction or substantial improvements (more than 500.10) of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designated to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (d) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: I) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2) The bottom of all openings shall be no higher than one foot above grade; and 3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (e) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation; (f) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage or maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (g) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (h) Floodways. Lands located within areas of special flood hazard, are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, City ofSulDlY Isles Beach-land Development Adopted December 10,2002 Chapter 11 - DEVELOPMENT STANDARDS 1100- 9 potential projectiles and has erosIon potential, the following provisions shall apply: (i) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 1102.7.3 Stormwater Management. All stormwater drainage systems shall be designed in accordance with the requirements of the Miami-Dade County Environmental Resources Management, the South Florida Water Management District's permit manual "Management and Storage of Surface Waters", latest edition and the City's Floodplain Management criteria. City of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11- DEVELOPMENT STANDARDS 1100- 10 1103. Outdoors Lighting Standards 1103.1 General. No structure or land shall be developed, used or occupied unless all outdoor lighting conforms to the requirements of this section. The terms used in this section shall have the definition use by the Illuminating Engineers Society. Lighting shall be designed and placed to illuminate the ground, a vehicular use area, a building, a street, or a sign. All lighting shall be concentrated on the ground, building, street, or sign it is intended to illuminate. Lighting which is designed to illuminate the building roof area, except for safety reasons, shall be prohibited. 1103.2 Prq>aration of Site Lighting Plan. A plan which shows the photometrics of the site's lighting for vehicular use areas, outside building areas, signs and streets shall be prepared by a registered professional engineer. The plan shall incorporate all existing and proposed sources of artificial light used on the site, including adjoining outparcels. The lighting plan shall be submitted with the final building plans, prepared at the same scale. The plan must indicate and be certified for compliance with the standards of this section. 1103.3 Minimum Illumination. All multifamily, shopping centers and office buildings shall illuminate parking lots and pedestrian areas to a minimum maintained average of 1.0 foot-candle and a maximum to minimum ratio of 12 to 1, with no area below the illumination of 0.5 foot-candle. 1103.4 Maximum Illumination. All lighting for parking areas, buildings and signs shall be located, screened, or shielded so that adjacent property, structures, and rights-of-way are not directly illuminated. All lighting for parking areas, buildings and signs shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and public rights-of-way. Spillover shall not exceed 0.5 foot-candles measured vertically along the property line at the perimeter of the property. 1103.5 Lighting Height Standards. All private outdoor lighting shall be designed, located and mounted at heights no greater than: City of Sunny Isles Beach-1and Development Adopted December 10,2002 Chapter 11 - DEVELOPMENT STANDARDS 1100- 11 (a) 12 feet above grade for non-cut-offtype luminaries, and (b) 30 feet above grade for cut-off type luminaries. 1103.6 Street Lighting. A street lighting system shall be provided in all land development projects with public or private streets. All street lighting shall be installed according to standards established by the City or County. 1104. Wetlands Preservation Standards 1104.1 Confonnance with applicable regulations. Prior to the development of land, including land clearing and excavation operations, having potential wetlands soils a determination shall be made by the appropriate jurisdictional agencies as to the presence of jurisdictional wetlands. If it is determined that jurisdictional wetlands are present the property owner shall be required to comply with all agency requirements regarding the protection and mitigation of wetlands on the property as part of any City issued development order. 1105. Coastal Tidal Water Standards. 1105.1 Conformance With Applicable Regulations. Prior to the development of land or the issuance of any development permit for construction immediately adjacent to any tidal waters, the property owner or their representative shall be required to obtain approval from Miami-Dade County Environmental Resources Management and all other applicable agencies. 1106. Surface Water Management Criteria. 1106.1 Conformance With Applicable Laws. All structures or land shall be developed, used or occupied such that surface water is managed in conformance with the following laws, rules and regulations: (a) Chapter 24, Miami-Dade County Code, as amended from time to time. (b) Chapter 40-E, as amended, Florida Administrative Code, "Rules of the South Florida Water Management District." (c) Florida Building Code, as amended. 1107. Compliance with Comprehensive Plan. 1107.1 Compliance Required. No development activity may be approved unless it is found that the development is consistent with the requirements in the Comprehensive Plan. City of Sunny Isles Beach-land Development Adopted December 10,2002 Chapter 11 - DEVELOPMENT STANDARDS 1100- 12 Chapter 12: NONCONFORMING USES AND STRUCTURES 1201. Purpose and Seope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs, which do not conform, to the requirements of these LDRs. Much non-conformity may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter . 1202. Expansion of Nonconfonning Use. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming. 1203. Discontinuation or Abandonment of a Nonconforming Use. If a nonconforming use is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment commencing before the effective date of these LDRs, and continuing through said date then that use shall not be renewed recommenced or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the land use district in which it is located. 1204. Change of Use. A nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appropriate zoning district and Conditional Uses Regulations contained in these LDRs. 1205. Repairs or Reconstruction of Nonconfonning Structure. a. Ordinary repairs and maintenance may be made to a nonconforming structure provided that such repairs or maintenance does not exceed 50% of current value as city of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Chapter 12 Non Conforming Uses and Structures 1200- 1 determined by the Building Official "Ordinary repairs and maintenance", in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions hereof. b. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits. c. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, natural disaster or similar event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored. 1206. Attentions or Enlargement of Nonconforming Structure. a. Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: 1) The enlargement or alteration itself conforms to the requirements of these regulations; and 2) The total structure as enlarged or altered does not increase the degree of non- conformity for the applicable district; and 3) The use of the structure is or will be conforming. 1207. Moving of nonconforming structure. A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of other applicable City regulations. City of Sunny Isles Beach-Land Development Regulations Adopted December 10, 2002 Chapter 12 Non Conforming Uses and Strudures 1200- 2