§ 33-217. Uses permitted.

No land, body of water or structure shall be used, or permitted to be used and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-4A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) of the following uses:

(1)

Those uses permitted in the RU-1, RU-2, RU-1M(a), RU-1M(b), RU-3, RU-TH and RU-RH Districts subject only to the requirements, limitations and restrictions applicable thereto in said districts, including, but not limited to, lot width, area, setbacks, yard areas, height and coverage.

(1.1)

Workforce housing units in compliance with the provisions of Article XIIA of this Code.

(2)

Multiple family apartment house, apartment, hotel, apartment hotel and motel containing fewer than eleven (11) units in a single building.

(3)

Hotels, motels, apartment houses, and apartment hotels containing eleven (11) or more units, subject to site plan review hereinafter provided. Where applicant fails to secure the approval of both departments the site plan reviewed shall be deemed denied. Where the site plan has been denied, the applicant may correct the same to secure the approval of both departments or appeal the denial for review by the Community Zoning Appeals Board.

(4)

Multiple family housing developments, provided they are reviewed under the provisions of site plan review hereinafter provided, and only on approval after staff review of the site plan(s) to ensure compliance with all RU-4A District requirements and the plan review criteria. Said plan shall be in compliance with the requirements hereinafter provided. Where motel developments consist of two (2) or more structures, unless each such structure is located on a site meeting all standards of this district, the area shall be restricted to one (1) ownership by covenant running with the land.

(5)

Convalescent homes, eleemosynary and philanthropic institutions, only upon approval after public hearing. Hospitals (other than animal hospitals) including accessory office buildings and accessory commercial service facilities, only upon approval by public hearing; said accessory uses shall comply with the following additional criteria:

(a)

Office buildings:

1.

Office buildings shall be located on a hospital site containing a minimum of ten (10) acres.

2.

Hospital and office buildings shall be under one (1) ownership and the property owner shall file a unity of title agreement or other similar agreement or covenant in lieu thereof in conformance with the provisions of Section 33-31.

3.

Tenants of the office buildings shall be limited to medical personnel affiliated with, and having staff privileges at, the hospital.

4.

The hospital must contain a minimum of one hundred (100) beds.

5.

The office complex shall not exceed forty (40) percent of the hospital's total square footage.

(b)

Commercial service facilities:

1.

Service facilities shall be restricted to cafeterias or restaurant, florist shop, gift shop, financial institution, pharmacy, newspaper and magazine stand, and other similar uses determined by the director to be ancillary to a hospital/office complex.

2.

Services shall be permitted and available exclusively for use by medical staff, hospital personnel, patients and visitors of the hospital.

3.

Outside advertising or signs (including wall signs) shall be prohibited.

4.

Service facilities shall not exceed three (3) percent of the hospital floor area, nor shall they exceed seven (7) percent of the office floor area.

5.

Service facilities meeting the above criteria shall not require further public hearing(s) if located within hospitals or related office buildings approved at public hearing(s) held after the effective date of Ordinance Number 88-93.

(5.1)

Medical observation dormitory as defined in Section 33-1(69.05) subject to the following conditions:

(a)

That such uses on sites of ten (10) net acres or more shall be approved only after public hearing;

(b)

That such uses shall be located on sites having frontage on a major access road, including major roadways (three (3) or more lanes) and frontage roadways serving limited access highways and expressways;

(c)

That a minimum five (5) foot high masonry wall be provided along all perimeter property lines abutting residentially zoned property penetrated only at points approved by the Directors of the Planning and Zoning Department and the Public Works Department for ingress and egress;

(d)

That the facility is located on a site consisting of at least three (3) or more net acres, that research conducted at the property shall be limited to testing of normal volunteers and of clinically stable representatives of diseased states for which the medications being tested are ultimately intended;

(e)

That protocols that require treating of mentally ill subjects, including persons with any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities, shall not be performed at the research facility;

(f)

That such use shall be located no less than twenty-five hundred (2,500) feet from any other such establishments. For the purposes of this subsection, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest property line of the existing place of business. For the purpose of establishing the distance between such establishments, the operator shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing establishment within 2,500 feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the director shall govern;

(g)

That the operator obtains an annually renewable certificate of use and occupancy for such use on the property.

(6)

Private clubs, lodges, fraternities and sororities, only upon approval after public hearing.

(7)

Public art galleries, public libraries and public museums.

(8)

Bungalow villa arrangements (each structure limited to not more than two-family occupancy). See definition in this chapter.

Before a permit shall be granted to place buildings on a lot under the bungalow villa provision, plans shall be filed covering the size and spacing of all buildings intended in the villa and the total area of lot is to be included; not less than ten (10) dwelling units shall be permitted under the provisions of the bungalow villa regulations and, further, the entire area shall be restricted to one (1) ownership by covenant running with the land. Permits shall be obtained for the required ten (10) units at one (1) time and work on all structures shall proceed concurrently.

(9)

Housing projects, whether in single or multiple buildings, and as defined in Chapter 421 of the Florida Statutes, built for or by the Miami-Dade County Department of Housing and Urban Development.

(10)

A community residential facility as defined in Section 33-1(30.1) shall be permitted in a dwelling unit upon establishing the following:

(a)

That the total number of resident clients on the premises not exceed fourteen (14) in number. Facilities for more than fourteen (14) resident clients must be approved through public hearing pursuant to Section 33-13;

(b)

That the operation of the community residential home be licensed by the State of Florida Department of Health and Rehabilitative Services;

(c)

That the community residential home not be located within a radius of one thousand two hundred (1,200) feet of another existing, unabandoned legally established community residential home in a multi-family zone. The one thousand two hundred-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use;

(d)

That the community residential home conform to existing zoning regulations applicable to other multiple family uses permitted by this section;

(e)

That the sponsoring agency of the community residential home notify the Director in writing of its intention to establish said facility. Such notice shall contain the address and legal description of the site, the number of resident clients, as well as a statement from the State of Florida Department of Health and Rehabilitative Services indicating the need for and licensing status of the proposed facility. Absence of this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and

(f)

Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

Provisions of Ord. No. 82-6 shall not apply to those buildings for which a building permit has been issued and is in effect and where multiple family housing development or project site plan has been approved prior to February 2, 1982, by resolution of the Zoning Appeals Board or Board of County Commissioners, or prior to February 2, 1982, an agreement, letter of intent, or performance standards encompassing all of the basic items constituting a site plan has been recorded or adopted by resolution of the Zoning Appeals Board or the Board of County Commissioners.

(Ord. No. 72-92, § 1, 12-5-72; Ord. No. 75-90, § 5, 10-15-75; Ord. No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4-19-83; Ord. No. 88-93, § 1, 10-4-88; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 91-81, § 1, 7-23-91; Ord. No. 95-135, § 16, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 01-131, § 2, 9-13-01; Ord. No. 06-96, § 8, 6-20-06; Ord. No. 07-05, § 11, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 13-83, § 7, 9-17-13)