§ 33-202.3. Uses permitted.


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  • 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 a townhouse district (RU-TH) which is designed, arranged or intended to be used or occupied for any reason or purpose, except for one (1) of the following uses:

    (1)

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

    (1.1)

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

    (2)

    Townhouses, subject to the following restrictions:

    (a)

    Densities. The maximum number of units per net acre shall not exceed eight and one-half (8.5).

    (b)

    Common open space. A minimum of thirty (30) percent of the site to be developed for townhouses shall be provided as a common open space; fifty (50) percent of said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery. The remaining fifty (50) percent may be used only as swimming pools, tennis courts, shuffleboards, pedestrian walks, entrance features, recreation buildings, maintenance buildings for the common areas, lakes, canals and lagoons, and other recreational uses.

    (c)

    Grouping length. A grouping of townhouses shall not exceed two hundred forty (240) feet in length.

    (d)

    Unit size. No townhouse shall be smaller than six hundred (600) square feet, and the average size of the townhouses in any grouping shall be a minimum of eight hundred (800) square feet.

    (e)

    Height. The maximum height for any townhouse shall be forty (40) feet.

    (f)

    Size of development site. The minimum size of the site to be developed for townhouses shall be one (1) net acre.

    (g)

    Lot area for each unit. No townhouse site shall contain an area of less than one thousand two hundred fifty (1,250) square feet and the average size for a group shall not be less than one thousand five hundred (1,500) square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which event the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.

    (h)

    Front yard requirements. There shall be a fifteen-foot minimum distance from the nearest edge of roadway pavement to the front building line. If parking is provided in front of the townhouse unit, then the setback provisions in Section 33-202.3(2)(m) shall apply.

    (i)

    Rear yard requirements. The minimum rear building setback for the principal building and any enclosed additions shall be ten (10) feet. The minimum rear setback for a cantilevered terrace roof or a terrace roof with pole or column supports shall be five (5) feet. The minimum rear setback for screen enclosures without a solid roof shall be zero (0) feet.

    (j)

    Side yard requirements. A minimum side yard of fifteen (15) feet shall be provided between the end of a group of townhouses and the right-of-way line of a public or private street. A spacing of twenty (20) feet shall be provided between each group of townhouses.

    (k)

    Street frontage. Each townhouse site must have a clear, direct frontage on public streets or to accessways complying with private street requirements.

    (l)

    Utilities and services. Each townhouse shall be independently served by separate heating, air conditioning, seer, water, electric power, gas, and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided.

    (m)

    Parking. Where parking spaces are provided in front of townhouse buildings, the required front setback of the building shall be twenty-five (25) feet from the nearest edge of roadway pavement in said parking area unless garages are provided, in which case the garage portion of the structure shall be set back twenty (20) feet from the nearest edge of roadway pavement. Any portion of the townhouse building that is not located directly in front of parking spaces shall be set back fifteen (15) feet from the nearest edge of roadway pavement.

    (n)

    Street right-of-way width and improvements. The right-of-way width of public streets and private streets serving a group of townhouses and the improvements therein shall conform to all applicable minimum Miami-Dade County standards and requirements for such streets.

    (o)

    Walls, fences, and hedges. Walls, fences, and hedges shall comply with the provisions of Section 33-11 of this chapter. All patio, outdoor living areas on each townhouse site shall be enclosed by a wall or fence affording complete screening except in cases where a natural feature of the site such as a lake or golf course would suggest that complete screening would not be required. Such determination shall be made as a result of the site plan review process as provided herein. All rear yard areas used for service, such as drying areas, shall be completely screened from view from the street and from adjoining lots by walls, fences, or landscaping.

    (p)

    Patios and service areas. There shall be provided on each townhouse site at least four hundred (400) square feet of patio living area exclusive of parking and service areas for each townhouse; such footage may consist of one (1) or more patio areas. Open roof areas, balconies designed and planned for patio purposes, cantilevered terrace roofs, and terrace roofs with pole or column supports, may be credited toward patio area. The following features may also be included: Screen enclosures, patio slabs, Jacuzzis, swimming pools, decks, garden features and hot tubs. Said features must be either shown on the approved site plan or approved pursuant to the provisions of Section 33-202.3(2)(t). Such patio area shall be enclosed in accordance with the requirements of subsection (o) above.

    (q)

    Accessory buildings. No accessory building shall be permitted in unwalled areas on sites containing a townhouse, and where located within an area enclosed with walls, shall not extend above the height of the walls.

    (r)

    Site plan review. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and thereby insure the congruity of the proposed development and its compatibility with the surrounding area. All plans submitted to the Department shall be reviewed and approved or denied by the Department within fifteen (15) days from the date of submission. The applicant shall have the right to extend the fifteen-day period by an additional fifteen (15) days upon timely request made in writing to the Department. The Department shall have the right to extend the fifteen-day period by written notice to the applicant that additional information is needed to process the site plan. Denials should be in writing and shall specifically set forth the grounds for denial. If the plan is disapproved the applicant may appeal to the appropriate Community Zoning Appeals Board in accordance with procedure established for appeals of administrative decision.

    Procedure. Exhibits prepared by design professionals such as architects and landscape architects shall be submitted to the Department of Planning and Zoning and shall include, but not be limited to the following:

    1.

    Site plan including the following information:

    a.

    Lot lines and setbacks.

    b.

    Location, shape, size and height of existing and proposed buildings, vehicular and pedestrian circulation systems, entrance features, fencing, bike paths, recreational facilities and any other physical features that are proposed for the site that can be shown in plan form.

    c.

    Landscaping in accordance with Chapter 18A of this Code.

    d.

    Location of all parking spaces, and space for storage and collection of solid waste and recyclable materials.

    e.

    Indication of exterior graphics, as required.

    f.

    Indication of any site design methods used to conserve energy.

    g.

    Common open space areas and common use amenities.

    2.

    Floor plans and elevations for typical townhouse units and floor plans and elevation of any recreation buildings, community buildings and other similar structures. Plan(s) for units shall indicate the private outdoor areas (including patio space) for the individual unit(s).

    3.

    Figures indicating the following:

    a.

    Gross and net acreage.

    b.

    Amount of common open space in square feet and percentage required and provided.

    c.

    The size in square feet for the smallest and average townhouse sites.

    d.

    Total trees required and provided in accordance with Chapter 18A of this Code.

    e.

    Parking required and provided.

    f.

    Such other design data as may be needed to evaluate the project.

    g.

    Details depicting height and material for perimeter walls and/or fences as well as walls and/or fences located on individual lots.

    (s)

    Site plan review criteria. The following criteria shall be utilized in the plan review process:

    1.

    Purpose and intent: The proposed development fulfills the objectives of this article.

    2.

    Planning studies: Design, planning studies or neighborhood area studies accepted or approved by the Board of County Commissioners that include development patterns or environmental design criteria which would apply to the development proposal under review shall be utilized in the plan review process.

    3.

    Landscape: Landscape shall be reserved in its natural state insofar as is practicable by minimizing tree removal. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to site, visually screen noncompatible uses and block noise generated by the major roadways and intense use areas.

    4.

    Buffers: Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.

    5.

    Scale: Scale of proposed structures shall be compatible with surrounding proposed or existing uses or shall be made compatible by the use of buffering elements.

    6.

    Street system: A well-defined system shall be designed to allow free movement throughout the development while discouraging excessive speeds, and shall structure the development in clearly defined clusters and/or groups of townhouses. All dwelling units should be located on residential service streets or courts designed to discourage all traffic except that of owner/occupants, their guests, and their services. Pedestrian and auto circulation shall be separated insofar as is practicable.

    7.

    Visibility: No obstruction to visibility at street intersections shall be permitted, and such visibility clearances shall be as required by the Department of Public Works.

    8.

    Energy consideration: Site design methods to reduce energy consumption shall be encouraged. Energy site conservation methods may include siting of structures in relation to prevailing breezes and sun angles and use of landscape materials for shade and transpiration.

    9.

    Parking: Private parking shall not be in adjacent groups of more than four (4) spaces, said groups to be separated by the use of landscape elements. Where parking is provided in a group arrangement, planting, berms or other innovative methods shall be used as a means of minimizing the adverse effect of the visual impact of parked cars. This requirement is in addition to the requirements of the landscape regulations of Chapter 18A of the Code of Miami-Dade County.

    10.

    Open spaces: Open spaces shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible.

    11.

    Privacy: Due consideration of aural and visual privacy shall be evidenced in the design of the overall development and in the design of the individual units.

    12.

    Graphics: Graphics, as required, shall be designated as an integral part of the overall design of the project.

    13.

    Art display: Permanent interior and exterior art displays and water features should be encouraged in the overall design of the project.

    14.

    Emergency access: Access to emergency equipment shall be provided.

    15.

    Visual screening for decorative walls: In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting zoned or dedicated rights-of-way:

    a.

    Wall with landscaping. The wall shall be setback two and one-half (2½) feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials:

    (1)

    Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

    (2)

    Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

    (3)

    Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting.

    b.

    Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed in lieu of a decorative wall, landscaping shall not be required.

    (t)

    Site plan changes. The Director may authorize a change in a site plan for changes to an individual townhouse unit where such changes are encompassed wholly within the fee simple lot of such unit after administrative site plan review and approval for screen enclosures, patio slabs, new facial or trim work, open porch additions with or without wood or metal roofs, trellis or garden amenities, awnings, jacuzzis, swimming pools, decks, hot tubs, etc., providing:

    1.

    That approval in writing is secured from an official, authorized body designated in the townhouse development to approve architectural changes in the townhouse community;

    2.

    That written approval of the immediate adjacent townhouse owners is secured. If the applicant is unable to contact an adjacent property owner for such approval, the applicant may present proof that he has mailed the request for approval to each adjacent unit owner, by certified mail, return receipt requested, at each adjacent property owner's mailing address as listed in the most current Miami-Dade County tax roll, and that the notice has been returned undeliverable; and

    3.

    That no additional variances are necessary to accomplish the proposed changes.

    4.

    Exceptions. The installation of temporary storm panels approved under Chapter 35, South Florida Building Code shall be permitted as a matter of right and shall not be subject to homeowners' association approval, nor shall such installation be subject to adjacent townhouse owners' approval. However, homeowners' association approval shall be required for the installation of permanent storm shutters. For the purposes of this subsection, temporary storm panels shall be defined as detachable protection devices that are installed temporarily over building openings in the event of an approaching hurricane or tropical storm.

    5.

    In approving the amendment to the plan, the Director shall find that the change in plan will be in harmony with and compatible with existing development in the area, and will not destroy the theme or character of the development in the area.

    6.

    If the applicant is unable to obtain the approvals required by Sections 33-202.3(2)(t)(1) and (2), site plan changes may only be approved following public hearing. At the time of filing such application, the applicant shall sign a statement, on a form acceptable to the Director and approved by the County Attorney's Office, that the applicant understands that approval at public hearing does not relieve the applicant from obtaining approval from a homeowner's association or other such private, authorized body where required to do so by a declaration of restrictions or other such private agreement applicable to the townhouse development.

    (u)

    Maintenance of common area. Provisions satisfactory to the Board of County Commissioners shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayer of Miami-Dade County. Such may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessment against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities which may include, but not be limited to, recreational areas, off-street parking bays, private streets, sidewalks, street lights, and common open and landscaped areas. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years. Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the County Attorney as to form and legal sufficiency and shall be recorded in the public records of Miami-Dade County at the time of the recording of the subdivision plat.

    (v)

    Platting requirements. Each townhouse unit shall be located on its own individual platted lot. If areas for common use of occupants of a townhouse development are shown on the plat, such areas shall not be approved until satisfactory arrangements are made for maintenance as provided by this article.

    (w)

    Trees. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 65-72, § 1-III, 11-9-65; Ord. No. 68-20, § 1, 4-16-68; Ord. No. 70-31, § 2, 4-22-70; Ord. No. 73-56, §§ 1, 2, 5-15-73; Ord. No. 73-82, § 1, 9-18-73; Ord. No. 74-21, § 1, 4-3-74; Ord. No. 77-68, § 1, 9-20-77; Ord. No. 81-24, § 1, 3-3-81; Ord. No. 82-29, § 1, 4-20-82; Ord. No. 91-36, § 3, 3-19-91; Ord. No. 93-73, § 1, 7-15-93; Ord. No. 94-146, § 1, 7-14-94; Ord. No. 95-19, § 1, 2-7-95; Ord. No. 95-135, § 10, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 6, 9-4-96; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 99-38, § 2, 4-27-99; Ord. No. 00-141, § 1, 11-14-00; Ord. No. 07-05, § 4, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 08-83, § 1, 7-1-08; Ord. No. 13-33, § 3, 4-2-13; Ord. No. 18-134, § 2, 11-8-18)