§ 33-208. 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-4, High Density Residential 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-1M(a), RU-1M(b), RU-2, 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 containing fewer than eleven (11) units in a single building.

(3)

Multiple family apartment house containing eleven (11) or more units, subject to site plan review hereinafter provided. Where the applicant fails to secure the approval of the Department of Planning and Zoning 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 that 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-4 District requirements and site plan review criteria. Said plan shall be in compliance with the requirements hereinafter provided.

(5)

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.

(6)

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. 82-5 shall not apply to those buildings for which a building permit has been issued and is in effect or 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. 72-91, § 1, 12-5-72; Ord. No. 75-90, § 4, 10-15-75; Ord. No. 82-5, § 1, 2-2-82; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 95-135, § 15, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 06-96, § 7, 6-20-06; Ord. No. 07-05, § 10, 1-25-07; Ord. No. 08-51, § 1, 5-6-08)