§ 33-284.9. General requirements.

(A)

Minimum site area. The minimum site area, including dedicated rights-of-way, areas reserved and/or dedicated for public parks and for school sites and existing and proposed canals, lakes, and lagoons, shall be five (5) acres in the RU-1 District and ten (10) acres in the EU Districts.

(B)

Density. Density shall be based on net area. Net area shall include all portions of the site, including easements, private streets, and areas dedicated for public parks and for school sites, but excluding dedicated, zoned or proposed rights-of-way, areas proposed or reserved but not dedicated for public parks and for school sites, existing and proposed canals, lakes, lagoons and golf courses.

The maximum number of dwelling units per net acre that will be permitted in each district shall be as follows:

District	Description	Units per Net Acre
EU-1	1-acre, single-family estate	1.5
EU-S	3/4-acre, single-family estate	2.5
EU-M	1/2-acre, single-family estate	3.0
RU-1	Single-family	5.6

 

Approval for the maximum number of units established above may be granted only for site plans which incorporate the cluster concept, are compatible with the surrounding areas, are consistent with design studies, planning studies and/or neighborhood area studies accepted or approved by the Board of County Commissioners, and fully satisfy the site plan criteria hereafter included.

(C)

Lot frontage. Each cluster lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements.

(D)

Setbacks. The following setback requirements shall be maintained:

(1)

Single-family dwellings and structures for common usage shall be setback twenty-five (25) feet from the development perimeter property lines.

(2)

Accessory uses in connection with single-family dwellings shall comply with the setback requirements for such structures of the respective zoning district only when adjacent to the development perimeter property line.

(E)

Attached single-family dwellings. If attached single-family dwellings are proposed and approved, they shall be separated by either a common party fire wall or fire walls. 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.

(F)

Utilities. Each single-family dwelling unit, either detached or attached, shall be serviced with separate utilities and other facilities and shall otherwise be independent of one (1) another.

(G)

Reserved.

(H)

Common open space. Open space for the common benefit of the residents of the proposed development shall be provided in accordance with the requirements herein established. Areas to be credited toward the common open space requirements are categorized as follows:

(1)

Category 1:

(a)

Landscaped areas at ground level with grass, trees and shrubbery, and unencumbered with any structure or off-street parking, or private drives.

(b)

All of the following uses when located at ground levels: entrance features, sitting areas, pedestrian walks, passive recreational uses and permanent outdoor art displays.

(2)

Category 2:

(a)

Active outdoor recreational uses including sports facilities such as tennis courts, baseball fields, and other similar uses.

(b)

Existing and proposed water bodies, including lakes, lagoons and canals.

Following are the minimum and maximum percentages for each category of common open space:

	Minimum (in percent)	Maximum (in percent)
Category 1 .....	75	None
Category 2 .....	None	25

 

Common open space shall be provided in accordance with the following chart:

District	Percentages of the Net Area (percent)
EU-1 .....	60
EU-S .....	55
EU-M .....	50
RU-1 .....	40

 

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

(I)

Private open space. Private open space on individual lots shall inure to the benefit of the individual lot and it shall be the responsibility of the individual lot owner to maintain the same. Privately owned open space shall constitute no less than twenty (20) percent of each individual lot.

(J)

Common ownership provisions. Provisions satisfactory to the County shall be made to assure that all common areas and facilities for use of all residents shall be maintained in a continuous and satisfactory manner, and without expense to the general taxpayer of Miami-Dade County. Such may be provided by the incorporation of an automatic and mandatory membership in the homeowners' association for the purpose of holding title to such areas and facilities and levying assessments against each individual ownership for the purpose of maintaining such common areas and facilities. These areas and facilities shall include, but not be limited to, all commonly owned recreational facilities, open space, off-street parking areas, private streets, sidewalks, streetlights. Such maintenance may include the upkeep of individual privately owned lots and structures and water bodies such as lakes, lagoons, and canals. Such assessments shall be a lien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years.

Other methods, including special taxing districts, may be acceptable if the same positively provide for the proper and continuous payment of taxes for common areas and facilities and maintenance without expense to the general taxpayers.

Homeowners' associations or condominium owners' associations shall not grant exclusive rights to any individual lot owner.

The instrument incorporating such provisions shall be approved by the County Attorney as to form and legal sufficiency before submission to the Board of County Commissioners and after approval shall be recorded in the public records of Miami-Dade County.

(K)

Reserved.

(L)

Development in stages. Where the proposed development is in excess of the minimum site area requirements the same may be developed in stages providing that each stage meets minimum site area requirements and all other requirements of residential cluster development regulations are met for each stage.

(M)

Condominium provisions. Anything herein to the contrary notwithstanding, ownership of a cluster development may be by way of a condominium in accordance with law in that regard made and provided.

(N)

Additions. Additions and/or changes to single-family dwellings, to accessory uses in connection therewith and/or to the structures for common usage such as utility rooms, swimming pools, greenhouses, open terraces or patios roofed and/or screened but not enclosed, new facade treatments, trellis and other similar garden amenities, and sun control devices such as awnings may be authorized provided:

(1)

That such proposed additions and/or changes will be compatible with the existing development in the area, in harmony with the general appearance and character of the community, in compliance with the site plan review criteria hereinafter provided and will not otherwise be detrimental to the public welfare.

(2)

That such proposed additions and/or changes are designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent structures while affording the applicant a reasonable use of the land.

(3)

That such proposed additions and/or changes and the structures adjacent thereto in individually owned lots or on commonly owned land are illustrated by means of site plans, floor plans, sections and elevations at a scale of no less than one (1) inch equal to sixteen (16) feet.

(4)

That such proposed additions and/or changes are approved in writing from an official authorized body designated by the cluster development to approve architectural changes in the cluster community and providing further that written approval of the immediate adjacent cluster unit 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.

(5)

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 single-family dwelling 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.

(Ord. No. 78-43, § 2, 7-5-78; Ord. No. 84-27, § 1, 4-3-84; Ord. No. 91-36, § 7, 3-19-91; Ord. No. 93-73, § 2, 7-15-93; Ord. No. 94-146, § 2, 7-14-94; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 00-141, § 2, 11-14-00)