§ 33-201.1. Subdivision of RU-2 lots.

Duplex uses which comply with the minimum standards of Chapter 33 of the Zoning Code for such uses in the RU-2 District and other districts where duplex uses are permitted may be subdivided so as to create one (1) lot for each dwelling unit, provided that the following conditions are met:

(1)

Each individual lot must be subdivided in accordance with Chapter 28 of the Code of Miami-Dade County.

(2)

Lot frontage. Each individual lot shall have a minimum frontage of thirty-seven and five-tenths (37.5) feet at the front property line and at the required twenty-five-foot front setback line.

(3)

Lot area. Each individual lot shall have a minimum area of three thousand seven hundred fifty (3,750) square feet.

(4)

Lot coverage. For each individual lot, the percentage of lot covered by structures shall not exceed thirty (30) percent.

(5)

Parking. For each individual lot, a minimum of two (2) parking spaces per lot shall be provided.

(6)

Height. The maximum height shall be thirty-five (35) feet and two (2) stories.

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(7)

Setbacks. Building setbacks, as applied to lot lines prior to lot division in accordance with this section, shall be as follows:

	Front	Rear	Between Units	Interior Side	Side Street
Duplex structure	25′	25′	0′	7.5′	15′
Accessory building	75′	5′	10′	7.5′	20′
			(0′ between accessory buildings on different lots if provided in homeowner's documents)
Two single-family structures (front to back), rear unit	50′	5′	10′	7.5′	20′

 

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(8)

Utilities and services. Each individual unit shall be independently served by separate heating, air conditioning, sewer, water, electric power, gas, and other facility and utility services, wherever such utilities and services are provided, and no individual unit shall be in any way dependent upon such services or utility lines located within another unit.

(9)

Walls. The individual units in a fee-simple duplex arrangement shall be separated by a party wall meeting all requirements of the South Florida Building Code. Where units are offset from one (1) another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset.

(10)

Maintenance of lot and structure. Provisions shall be made to assure that the structures and grounds in a development of this type are maintained in a satisfactory manner, without expense to the general taxpayer of Miami-Dade County. The instrument incorporating such provisions shall include methods to ensure the consistency and compatibility of the maintenance of all structures, parking areas, common walls, fences, and grounds. If necessary, said instrument shall include four-foot wall-maintenance easement provisions. The instrument incorporating such provisions shall be approved by the Department and shall be recorded in the public records of Miami-Dade County at the time of the subdivision. A unity of title or other similar agreement or covenant must be filed on a form approved by the Department at the time of subdivision of the property in accordance with the provisions of this section; said instrument may be released by the Director upon assurance that the construction of the duplex structure(s) will proceed in accordance with the provisions of this section. Building permits will only be issued for both duplex units. Construction on each unit in the duplex must proceed concurrently.

(11)

No appeal rights. Individual unit owners may not appeal any development matters via the administrative variance process or to appropriate hearing boards if written agreement on building alterations, additions, etc., cannot be reached with the abutting unit owner. If agreement is reached, normal regulations pursuant to permits, public hearings, etc. must be adhered to. No variances from this subsection may be applied for or granted.

(12)

Duplex lots that do not have seventy-five (75) feet of frontage and/or seven thousand five hundred (7,500) square feet of area, but are legally grandfathered or otherwise approved, may be subdivided in accordance with the provisions herein, provided that:

(a)

Each lot in a subdivided pair shall have equal frontage at the front property line and at the required twenty-five-foot front setback line, except as follows: On corner lots, the corner lot in a subdivided pair may have up to fifty-five (55) percent of the frontage of the original lot prior to its subdivision. The other lot in this subdivided pair must have a minimum of forty-five (45) percent of the frontage of the lot.

(b)

Each lot in a subdivided pair shall have equal lot area, except as follows: On corner lots, the corner lot in a subdivided pair may have up to fifty-five (55) percent of the area of the original lot prior to its subdivision. The other lot in this subdivided pair must have a minimum of forty-five (45) percent of the area of the original lot.

(c)

Building setbacks, as applied to lot lines prior to lot division in accordance with this section, shall be as enumerated in Section 33-201.1(7) above, except that interior side setbacks shall be a minimum of five (5) feet.

(Ord. No. 83-13, § 1, 3-15-83; Ord. No. 95-215, § 1, 12-5-95)