§ 33B-45. Development of severable use rights.

(a)

The use of severable use rights for development in accordance with the provisions of this section shall be development permitted as of right under the provisions of Chapter 33 of the Metropolitan Miami-Dade County Code and the applicable municipal zoning regulations.

(b)

Severable use rights may only be used to secure a development bonus in unincorporated portions of Metropolitan Miami-Dade County, or in municipalities that allow the use of severable use rights in accordance with this division, for the development of lands which are designated in the Comprehensive Development Master Plan metropolitan development pattern map or the applicable municipal comprehensive plan for urban development, that is, within all of the development patterns except agriculture and open land, parks and recreation, and environmental sensitivity, or their municipal equivalents.

(c)

Development of severable use rights shall be in accordance with all of the requirements of the Metropolitan Miami-Dade County Code and the applicable municipal code, except as specifically modified by subsection (g) of this section.

(d)

The developer must demonstrate that he or she is the bona fide owner of the severable use right to be entitled to the development bonus.

(e)

The developer must demonstrate that the severable use rights proposed for development allocated to the transferor parcel of land under this division have not previously been used to secure a development bonus.

(f)

The developer must demonstrate that an instrument of conveyance or the use of the severable use right has been recorded in the chain of title of the parcel of land from which the severable use rights is transferred and that such instrument restricts the use of the transferor lands to nonresidential uses.

(g)

Residential use of severable use rights. Except as provided in paragraph (g)(15) below and notwithstanding the provisions of any other code or regulation of Miami-Dade County or the applicable municipality, the developer of a parcel of land may develop, in addition to the number of dwelling units authorized in each zoning district, one dwelling unit for each severable use right, provided that the total development proposed does not exceed the following limitations:

(1)

In the EU-2 District:

a.

Minimum lot size—Four (4) acres;

b.

Minimum frontage—One hundred sixty-five (165) feet;

c.

Maximum coverage—Twenty (20) percent.

(2)

In the EU-1C District:

a.

Minimum lot size—Two (2) acres;

b.

Minimum frontage—One hundred twenty-five (125) feet.

(3)

In the EU-1 District:

a.

Minimum lot size—Thirty-two thousand five hundred (32,500) square feet;

b.

Minimum frontage—One hundred ten (110) feet.

(4)

In the EU-S District:

a.

Minimum lot size—Twenty thousand (20,000) square feet;

b.

Minimum frontage—One hundred ten (110) feet.

(5)

In the EU-M District:

a.

Minimum lot size—Twelve thousand five hundred (12,500) square feet;

b.

Minimum frontage—One hundred (100) feet.

(6)

In the RU-1 District:

a.

Minimum lot size—Six thousand (6,000) square feet;

b.

Minimum frontage—Sixty (60) feet;

c.

Maximum coverage—Forty (40) percent.

(7)

In the RU-2 District:

a.

Minimum lot size—Six thousand (6,000) square feet;

b.

Minimum frontage—Sixty (60) feet;

c.

Maximum coverage—Forty (40) percent.

(8)

In the RU-TH District:

a.

Maximum density—Ten (10) du/acre;

b.

Minimum lot size—One thousand eight hundred (1,800) square feet;

c.

Minimum front setback—Ten (10) feet.

(9)

In the RU-3M District:

a.

Maximum density—Fifteen (15) du/acre;

b.

Maximum floor area ratio—0.60;

c.

Maximum height—Three (3) stories;

d.

Maximum coverage—Thirty-five (35) percent.

(10)

In the RU-4L District:

a.

Maximum density—Twenty-five (25) du/acre;

b.

Maximum floor area ratio—0.9;

c.

Maximum height—Six (6) stories;

d.

Maximum coverage—Thirty-five (35) percent.

(11)

In the RU-4M District:

a.

Maximum density—Forty (40) du/acre;

b.

Maximum floor area ratio—1.0;

c.

Maximum height—Nine (9) stories;

d.

Maximum coverage—Thirty-five (35) percent.

(12)

In the RU-4 District:

a.

Maximum density—Fifty-five (55) du/acre;

b.

Maximum height—One (1) additional story;

c.

Maximum floor area ratio—2.2 for a development over nine (9) stories.

(13)

In the RU-4A District:

a.

Maximum density:

1.

Apartments—Fifty-five (55) du/acre;

2.

Hotel rooms—Eighty-five (85) du/acre;

b.

Maximum height—One (1) additional story;

c.

Maximum floor area ratio—2.2 for a development over nine (9) stories.

(14)

In the PAD, ECPAD, or REDPAD District: A bonus of 20 percent in the number of residential dwelling units above the maximum density set forth on the Comprehensive Development Master Plan Land Use Plan Map as permitted by the Land Use Element of the Comprehensive Development Master Plan.

(15)

In all Community Urban Center zoning districts: Developments located on parcels of land that are in the Core or Center Sub-districts of Community Urban Center zoning districts and that are designated as Mixed Use Main (MM), Mixed Use Corridor (MC), or Mixed Use U.S. 1 (M1) on the respective Land Use Regulating Plan, may develop, in addition to the number of dwelling units authorized in the Land Use Regulating Plan, up to 8 dwelling units at the rate of 2 dwelling units for each severable use right.

(16)

Municipalities that allow the use of severable use rights in accordance with this division may establish their own limitations on total development that may be permitted with the use of severable use rights in residential zoning districts, provided that no more than one (1) dwelling unit may be permitted for each severable use right.

(h)

Commercial development of severable use rights.

(1)

The developer of a parcel of land in the BU-1, BU-1A, BU-2, BU-3, PAD, ECPAD, or REDPAD Districts may secure a development bonus of additional floor area ratio of .015 per acre for each severable use right. In no event shall a development in a BU-1 or BU-1A District exceed 45 percent lot coverage. In no event shall a development in a BU-2, BU-3, PAD, ECPAD, or REDPAD District exceed 50 percent of lot coverage.

(2)

The developer of a parcel of land in the OPD district may secure a development bonus of additional floor area ratio of .010 per acre for each severable use right.

(3)

Municipalities that allow the use of severable use rights in accordance with this division may establish their own limitations on total development that may be permitted with the use of severable use rights in commercial zoning districts, provided that the development bonus of additional floor area ratio permitted for each severable use right does not exceed .015 per acre, and, in the municipal equivalent of an office park district, .010 per acre.

(i)

In the event the use of severable use rights involves development above the underlying permitted height or lot coverage or floor area ratio restriction in the district the parcel proposed by development is located, each dwelling unit and every square foot of nonresidential building above the underlying height or lot coverage or floor area ratio restriction shall be derived from severable use rights.

(Ord. No. 81-122, § 5, 10-27-81; Ord. No. 89-54, § 1, 6-6-89; Ord. No. 02-232, § 1, 11-19-02; Ord. No. 05-143, § 13, 7-7-05; Ord. No. 15-108, § 1, 10-6-15; Ord. No. 17-43, § 11, 7-6-17)