Aventura City Zoning Code

ARTICLE VII

- USE REGULATIONS

Sec. 31-141. - Zoning districts.

(a)

Purpose. In order to effectively protect and promote the general welfare and to accomplish the purposes of the City's Comprehensive Plan, the City is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability and use that are deemed most suitable for the health, safety and welfare of the community.

(b)

Division of City into districts. For the purpose of regulating the use of land, water, building, form, population density, the intensity of use and provision of open space, the City of Aventura is hereby divided into the following districts:

Conservation District (CNS)

Residential Districts (R)

Single-family

Residential (RS1)

Residential (RS2)

Medium Density

Residential (RMF3)

Residential (RMF3A)

Medium High Density

Residential (RMF4)

Business Districts (B)

Neighborhood Business (BI)

Community Business (B2)

Heavy Business (B3)

Office Park (OP)

Medical Office (MO)

Town Center District (TC)

Town Center (TC1)

Town Center Marine (TC2)

Industrial District (M)

Light Industrial (M1)

Community Facilities District (CF)

Recreation/Open Space District (ROS)

Utilities District (U)

The zoning districts contained herein generally correspond by name and purpose to the categories of the City of Aventura's adopted Land Use Plan, however; some districts may be applied to more than one future Land Use Map category.

(c)

Water area. The water surface and land under the water surface of all canals, intracoastal waterways, lakes and other water areas in the City not otherwise zoned is hereby placed in the CNS zoning district.

(d)

Districting of vacated ways. Where a street or alley shown on the zoning district map is hereafter officially vacated by re-platting or otherwise, the land formerly in such street or alley right-of-way shall be included within the zoning district of adjoining property on either side of said vacated street or alley. In the event such street or alley was a district boundary between two or more different zoning districts, the new district boundary shall be the former centerline of the vacated street or alley.

(e)

Boundaries of districts. Unless otherwise shown, the zoning district boundaries are street centerlines, alley centerlines or subdividing or boundary lines of recorded plats or the extensions thereof.

(f)

Zoning for annexed areas. The City Commission at the time of annexation shall assign the zoning district applicable to the annexed area consistent with the requirements of this chapter.

(g)

Designation of zoning districts on Zoning Map. No later than 60 days after the adoption of the Land Development Regulations, the City Manager shall present for City Commission adoption a new Official Zoning Map.

(Ord. No. 99-09, § 1(Exh. A, § 701), 7-13-99)

Sec. 31-142. - Conservation Zoning District.

(a)

Purpose. The Conservation (CNS) District is intended to provide for only those uses compatible with the continuing conservation of the natural resources located within the district. This zoning district may be applied to all land designated on the City's Future Land Use Map as water or parks and recreation.

(1)

Uses permitted. No building or structure, or part thereof, within the district shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways.

Fishing, boating and camping facilities.

Structures used for flood control, drainage and water storage.

Wetlands.

Uses which do not impair the natural environment or disturb the natural ecosystem of the area and which are not in conflict with applicable water management and wildlife protection policies of local, state and federal agencies.

Waterways.

(Ord. No. 99-09, § 1(Exh. A, § 702), 7-13-99)

Sec. 31-143. - Residential Zoning Districts.

(a)

Purpose. These residential districts are intended to provide for residential development in conformance with the parcel's Future Land Use Map designation. A residential parcel's zoning designation shall be equivalent to the designation of the Future Land Use Map. The number of dwelling units permitted per gross acre of a zoning parcel, as defined in the LDRs, shall not exceed the total number of dwelling units permitted by the City's Comprehensive Plan designation for the zoning parcel. The uses within this district shall be consistent with, but may be more restrictive than, the corresponding Residential Land Use Plan category or Town Center Land Use Plan category permitted uses. These zoning districts shall be applied to land designated Residential on the City's Future Land Use Map. A development parcel may have a maximum number of dwelling units based on an adopted development order or resolution.

Development of a parcel shall be subject to the Site Development Criteria set out in the zoning districts of this section. Subsequent redevelopment shall be limited to existing density and number of bedrooms. More specifically, for any property on which the density allowed by the site development standards is exceeded by existing development, the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if the development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms. Excepted from this provision is redevelopment that is described in or envisioned in the City's Comprehensive Plan or such additional parcel(s) that will implement specific development or redevelopment goals that may be established for particular areas by the City Commission or redevelopment that is provided by expressly authorized conditional use approval.

(b)

Residential Single-Family Districts (RS1). The following regulations shall apply to all RS1 Districts.

(1)

Purpose of district. The RS1 Zoning District is established for one-family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per net acre.

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

One-family detached dwelling.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage.

(3)

Site development standards.

Minimum lot area: 7,500 square feet.

Minimum lot width: 75 feet.

Maximum height: Two stories or 30 feet above the centerline of the road whichever is less.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 35 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards: Minimum of eight feet. A corner side setback shall be 15 feet on the side of the plot abutting on the side street.

Rear yards: Minimum of 25 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 2,500 square feet.

Development shall be subject to the criteria set out in this section. Redevelopment shall follow the site development standards with the exception that any property on which the density allowed by the site development standards is exceeded by existing development, the new density on redevelopment shall not exceed that allowed in the site development standards and further provided that if development has received site plan approval, is under construction or existed prior to the effective date of this provision with density lower than allowed by this section, redevelopment shall be limited to that lower density and to the existing number of bedrooms, unless otherwise provided by expressly authorized conditional use approval.

(c)

Single-family Residential Districts (RS2). The following regulations shall apply to all RS2 Districts.

(1)

Purpose of district. The RS2 Zoning District is established for one-family living environment appropriate to the needs of families on lots of limited size in areas consistent with the city's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acre.

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

One-family detached dwelling.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

Zero lot line dwelling units.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

(3)

Site development standards.

Minimum lot area: 4,000 square feet.

Minimum lot width: 40 feet.

Maximum height: Three stories, not to exceed 55 feet above the centerline of the road whichever is less.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 45 percent of the area of the lot.

Setbacks:

Front yards: Minimum of ten feet in depth for a maximum of 50 percent of the lot frontage. In all cases a minimum distance of 20 feet shall be maintained between the garage door and the right of way line.

Side yards: Minimum of six feet in width for a maximum of 50 percent of the lot depth. A corner side setback shall be 15 feet on the side of the plot abutting on the side street or canal or waterway.

Rear yards: Minimum of 15 feet. All lots which border in the rear of the lot upon a canal or waterway shall provide a minimum setback of 25 feet in depth from the edge of water or property line, which ever provides the greater setback.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

(d)

Multifamily Medium Density Residential Districts (RMF3). The following regulations shall apply to all RMF3 Districts.

(1)

Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per gross acre.

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Two-family dwellings.

Triplexes and quadruplexes.

Townhouses not to exceed six units in any one group.

Low-rise apartments.

Mid-rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

(3)

Site development standards.

Minimum lot area and width:

Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area.

Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a quadruplex shall be located on a lot of minimum of 1,600 feet.

Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height:

Duplexes: Two stories or 25 feet.

Townhouses: Three stories or 35 feet.

Low- and mid-rise apartments: Four stories or 45 feet.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards:

Townhouses and duplexes: Principal structure ten feet where applicable. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street.

ii.

Low- and mid-rise apartments: 25 feet in depth.

Rear yards: Minimum of 25 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well-maintained with grass, trees, and shrubbery.

Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities.

Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height.

Height of Building	Floor Area Ratio
1 story	0.30
2 story	0.50
3 story	0.75
4 story	0.80

(4)

Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the RMF3 zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee.

(e)

Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts:

(1)

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Two-family dwellings.

Triplexes and quadruplexes.

Townhouses not to exceed six units in any one group.

Low rise apartments.

Mid rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

(3)

Site development standards.

Minimum lot area and width:

Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area.

Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height:

Duplexes: Two stories or 25 feet.

Townhouses: Three stories or 35 feet.

Low-rise apartments: Four stories or 45 feet.

Mid-rise apartments: Seven stories or 80 feet.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

For those properties on NE 188 Street, the following standards shall apply: Front Yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least ten feet. Principal buildings fronting the public right-of-way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public right-of-way, four stories in height, shall be setback at least 20 feet. Principal buildings fronting the public right-of-way, five or more stories in height, shall be setback at least 25 feet. For each additional story in height above seven stories, five feet shall be added to the setback. For those principal buildings not fronting the public right-of-way, five feet additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing building height.)

Side yards:

Townhouse and duplexes: Principal structure ten feet where applicable. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street.

ii.

Low-rise and mid-rise apartments: 25 feet in depth.

iii.

Rear yards: Minimum of 25 feet.

For those properties on NE 188 Street, the following standards shall apply: Principal buildings, between one and two stories, shall be setback at least 15 feet; principal buildings three or more stories in height shall be setback at least 20 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater.

For those properties on NE 188 Street the following standards shall apply: Principal buildings between one and two stories shall be separated by at least ten feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stories shall be separated by at least 20 feet at the closest point. Principal buildings five or more stories shall be separated by at least 25 feet at the closest point. For each additional story in height above seven stories, five feet shall be added to the building separation. Additionally, for each townhouse building which exceeds six units in any one group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing building height.)

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities.

Height of Building	Floor Area Ratio
1 story	0.30
2 story	0.50
3 story	0.75
4 story	0.90
5 story	1.05
6 story	1.25
7 story	1.50

(4)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the RMF3A zoning district.

(5)

Reserved.

(6)

View corridors. For those properties on NE 188 Street, the following standards shall apply: All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width of this view corridor shall be no less than ten percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. A maximum of two corridors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above.

(7)

Pedestrian promenade. For those properties on NE 188 Street, if the applicant for a development permit under this section provides a pedestrian promenade for use by the general public along the waterfront, the following site development standards shall be applied. Such promenade shall be constructed in compliance with the Promenade Design Criteria as provided by the City Manager and shall be a minimum width of ten feet of unobstructed passageway and shall include linkage of separate development parcels and may include linkage of public use parcels and public sidewalks along public right(s)-of-way.

Maximum permitted height: Seven stories or 90 feet for low-rise apartment(s). Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computing building height.

Floor area ratio: There shall be no maximum floor area ratio.

Open space and density calculations shall be calculated pursuant to the gross lot area. Water areas and pedestrian promenade areas shall be counted in full towards open space requirements.

Driveway separation: Driveway separation requirements will not need to comply with section 31-172(b)(2) provided such location meets safety and traffic engineering standards as determined by the City Engineer.

View corridors: All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width of this view corridor shall be no less than three percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. A maximum of two corridors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above.

The City Manager may provide for a credit towards the cost of the promenade construction against public sidewalk(s) located adjacent to the subject property, if constructed by the City.

(f)

Multifamily Medium High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts.

(1)

Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use and limited-service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre.

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

All Uses permitted in the RMF3 District.

High rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

ALF.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to a maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant to section 3 of Ordinance 2005-07.

Buildings designed and situated in a way that they cast a shadow upon properties located in Business Zoning Districts defined under Section 31-144.

Uses that exceed the density limitation, to a maximum of 60 dwelling units per gross acre.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

Limited-Service Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria:

Shall only be permitted on properties where a minimum of two sides share all or part of a common lot line with another lot or parcel of land that is zoned Community Business (B2) District or Town Center District (TC1) on the City's Zoning Map; and

Retail and restaurant uses shall be permitted as accessory uses; and

Not more than ten percent of the gross building area shall be devoted to hotel amenities such as dining areas, bars and lounges, and meeting rooms, excluding ground floor retail and restaurant uses; and

The gross floor area of the hotel use shall not exceed 33 percent of the gross floor area of the building; and

Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.; and

The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks; and

The hotel use shall have its own separate driveway entrance/exit and its own separate lobby; and

The applicant shall provide transportation demand management strategies to reduce the impact of the development, as approved by the City Manager and City's Traffic Engineering Consultant, to reduce adverse effects to the overall transportation network. The applicant shall provide any right-of-way improvements appropriate to the subject property.

(3)

Site development standards.

Minimum lot area and width:

Duplexes, townhouses, low-and mid-rise [apartments]: As required in the RMF3 and RMF3A Zoning Districts.

High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height:

Duplexes: Two stories or 25 feet.

Townhouses: Three stories or 35 feet.

High-rise apartments: 25 stories or 250 feet.

Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards:

Townhouse and duplexes: Principal structure, ten feet. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street.

ii.

Low-, mid- and high-rise apartments: 25 feet in depth.

Rear yards: Minimum of 25 feet.

Minimum distances between buildings: Primary use buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Minimum open space: 40 percent of the lot area used in the Floor Area Ratio calculation. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. (FAR is calculated using the upland portion of the site plus the committed submerged open space and does not exceed 2.0. The open space requirement is calculated by adding the upland portion of the site and the committed submerged open space together and then multiplying that total by 40 percent, but only the upland open space counts toward meeting the open space requirement.)

Accessibility: All multi-family development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities.

Height of Building	Floor Area Ratio
1 story	0.40
2 story	0.60
3 story	0.80
4 story	1.00
5 story	1.20
6 story	1.40
7 story	1.60
8 story	1.80
9 story or over	2.00

(4)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the RMF4 zoning district.

(g)

Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts:

(1)

Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 35 units per gross acre.

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Single-family dwellings.

Zero lot line dwelling units.

Two-family dwellings.

Triplexes and quadruplexes.

Townhouses.

Low-rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(3)

Conditional uses. The following uses may be established if first approved as a conditional use:

Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

(4)

Site development standards.

Minimum lot area and width:

Single-family and zero lot line: Each dwelling unit shall be located on a plot not less than 40 feet in width and 4,000 square feet in area.

Two-family dwellings: Each dwelling unit shall be located on a plot not less than 60 feet in width and 4,000 square feet in area.

Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 60 feet in depth. Each dwelling unit of a quadruplex shall be located on a lot of minimum of 1,600 feet.

Low-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height: Structure parking shall be counted in computing building height.

Two-family dwellings, triplexes and quadruplexes: Two stories or 25 feet.

Single-family dwellings, zero lot line, and townhouses: Three stories or 35 feet.

Low-rise apartments: Four stories or 45 feet.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least ten feet. Principal buildings fronting the public right-of-way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public right-of-way, four stories in height, shall be setback at least 20 feet. For those principal buildings not fronting the public right-of-way, five feet additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing building height).

Side yards:

Single-family, two-family, zero lot line, triplexes, quadruplexes and townhouses: Principal structure ten feet where applicable. Upon corner plots in all zoning districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street.

ii.

Low-rise apartments: 25 feet in depth.

Rear yards: Principal buildings, between one and two stories, shall be setback at least 15 feet. Principal buildings three or more stories in height shall be setback at least 20 feet.

Minimum distances between buildings: Principal buildings between one and two stories shall be separated by at least ten feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stories shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse building which exceeds six units in any one group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing building height).

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Single-family unit: 1,000 square feet.

Multiple family dwelling unit:

Efficiency unit: 800 square feet.

ii.

One bedroom unit: 900 square feet.

iii.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards open space at the discretion of the Director or designee, provided that such walkway(s) and promenade meets the purpose of these open space regulations.

Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities within the project.

Height of Building	Floor Area Ratio
1 story	0.30
2 story	0.50
3 story	0.75
4 story	0.90

(5)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the RMF3B zoning district.

(6)

Reserved.

(7)

View corridors. All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width of this view corridor shall be no less than ten percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. A maximum of two corridors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above.

(8)

Pedestrian promenade. If the applicant for a development permit under this section provides a pedestrian promenade for use by the general public along the waterfront, the following site development standards shall be applied. Such promenade shall be constructed in compliance with the Promenade Design Criteria as provided by the City Manager and shall be a minimum width of ten feet of unobstructed passageway and shall include linkage of separate development parcels and may include linkage of public use parcels and public sidewalks along public right(s)-of-way.

Floor area ratio: There shall be no maximum floor area ratio.

Open space and density calculations shall be calculated pursuant to the gross lot area. Water areas and pedestrian promenade areas shall be counted in full towards open space requirements.

The City Manager may provide for a credit towards the cost of the promenade construction against public sidewalk(s) located adjacent to the subject property, if sidewalks are constructed by the City.

(9)

Bonus height provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of 11 stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply:

The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of section 31-73.

The minimum size of the dedicated land shall be 1.5 acres.

At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreage in the dedicated land in the calculation of the lot coverage otherwise required may be granted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adjacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attorney, and shall be filed at the applicant's expense in the public records of Miami-Dade County.

If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31-143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County.

The form of the conveyance shall be approved by the City Attorney.

Minimum open space shall be 40 percent of the total lot area.

Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computing building height.

There shall be no maximum floor area ratio.

Reserved.

All other provisions of the Land Development Regulations shall apply.

(Ord. No. 99-09, § 1(Exh. A, § 703), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2002-05, §§ 1, 2, 3-5-02; Ord. No. 2003-01, § 1, 1-7-03; Ord. No. 2003-08, § 1, 6-3-03; Ord. No. 2004-16, §§ 1—3, 9-21-04; Ord. No. 2006-02, § 2, 2-8-06; Ord. No. 2009-19, § 2, 10-6-09; Ord. No. 2017-07, § 4, 6-14-17; Ord. No. 2018-11, § 2, 6-12-18; Ord. No. 2018-11, § 2, 6-12-18; Ord. No. 2018-14, § 2, 9-4-18; Ord. No. 2020-03, § 4, 5-5-20; Ord. No. 2022-10, § 2, 7-19-22; Ord. No. 2023-14, § 1, 7-11-23; Ord. No. 2024-11, § 2(Exh. A), 7-2-24; Ord. No. 2025-18, § 2, 10-8-25)

Editor's note— Ord. No. 2006-02, § 2, adopted Feb. 8, 2006, supplied provisions for subsection 31-143(g)(4)j to be added to this Code. Ordinance No. 2006-02 contained a scrivener's error. At the direction of the city, said subsection is corrected to read as herein set out.

Sec. 31-144. - Business Zoning Districts.

(a)

Purpose. These business districts are intended to provide for commercial development in conformance with the Comprehensive Plan and provide for a variety of zoning districts to accommodate the City's business and commerce needs. These zoning districts may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however, the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses.

Development and/or redevelopment of a parcel in the Business Zoning Districts shall be subject to the site development standards set out in the zoning districts of this section.

The floor area ratio permitted in Business Zoning Districts shall not exceed the maximum of 2.0, with the exception of certain portions of the Medical Office (MO) District in which floor area ratio shall not exceed a maximum of 2.49, as set out in the Business and Office Future Land Use Category in the City's Comprehensive Plan.

(b)

Neighborhood Business (B1) District. This district is intended to provide primarily for retail sales and services to a surrounding neighborhood. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. The district is appropriate for location on a collector or an arterial roadway.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied:

Grocery stores and pharmacies with each store limited to 2,000 square feet of total floor area.

Stores for sale of new merchandise, directly to the ultimate consumer only, with each use limited to 5,000 square feet of total floor area per use and limited to the following: hardware, bakery, shoes, dairy, meat market, poultry shop, bookstore, newsstand, tailor shop, florist, gift/card shop, optical, sporting goods, leather goods, music store, luggage, sundries, notions, tobacco products, bicycle sales, rentals and repairs, clothes, jewelry, arts and crafts, pottery shops, paint and wallpaper, artist studios and galleries, camera shops, small electronics and picture framing shop.

Personal services with each use limited to 2,500 square feet of total floor area per use and limited to the following: dry cleaning (not conducted on premises), manicurist, travel agency, barbershop, beauty shop, shoe repair, video rental, postal facilities, drugstores, interior design, consumer electronic repair and small appliance repair, tailoring and alterations, photographic film pickup, laundromat open not earlier than 7:00 a.m. and not closed later than 11:00 p.m., and restaurant without drive-through facilities.

Office uses such as the following, limited to 20,000 square feet per use: professional, business offices, medical outpatient or dental offices or clinics.

Banks and financial institutions, excluding drive-through facilities, limited to 20,000 square feet per establishment.

Nursery school, child center or adult daycare subject to the following standards:

Building shall be located at least 30 feet from any "R" zoned lands.

At least one completely fenced and secured play lot shall be established, maintained and used for children at play.

The fence shall be not less than five feet in height.

Play lots located closer than 50 feet to the plot line shall be screened by an opaque fence or wall or compact evergreen hedge not less than five feet in height.

Antique shops.

Restaurants and coffee houses or dining room where kitchen is screened or located altogether within an enclosed building or room and with ample provisions for carrying away or dissipating fumes, odors, smoke or noise and where premises are so arranged and the business is so conducted as not to be offensive or create a nuisance to occupants of adjoining premises or to passersby.

Restaurants and cafes may serve alcoholic beverages where such service is strictly incidental to the service of food and from a service bar only provided no entertainment of any kind is furnished.

No sign of any type or character shall be exhibited or displayed to the outside denoting that alcoholic beverages are obtainable within. Uses accessory to any of the above uses when located on the same plot.

Uses accessory to any of the above uses when located on the same plot.

(2)

Conditional use. The following uses may be established if first approved as a conditional use:

Outdoor cafes.

Residential uses as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed 50 percent of the floor area of the building.

Drive-through facility.

Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the B1 zoning district.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

Dry cleaning conducted on premises only if the dry cleaning services are being directly provided to the ultimate consumer as a retail service. (Wholesale dry cleaning services are not permitted.) Such dry cleaning establishments must only use Class IIIA, Class IIIB or Class IV solvents as defined in NFPA 32. The dry cleaning equipment shall be self-contained, completely enclosed and equipped with solvent recovery units which prevent emissions of objectionable odors or effluents, and provided that such dry cleaning establishments must contain not more than 2,500 square feet of floor area.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and, that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in g. and h. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

(3)

Uses prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following:

Any use not specifically permitted.

Adult entertainment establishments as defined in the Land Development Regulations.

Sale of goods to other than the ultimate consumer.

Sales, display or storage of used merchandise other than antiques.

Sale of alcoholic beverages for on-premises consumption except with meals.

Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings.

Purchase of used goods.

(4)

Limitations of uses and structures. Except for automobile parking lots and play areas of day nurseries of public and private schools, all activities of permitted uses, including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building. Storage shall not be made above the height of the walls. Overhead doors or other openings larger than eight feet in width shall not be located on the front or immediate street side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this chapter.

(5)

Site development standards.

Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. If structure parking is used, such parking structure shall be incorporated into the building envelope and shall be compatibly designed. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes.

Maximum height: Two stories or 35 feet.

Minimum lot area and width: The minimum required width is 110 feet and the minimum lot area is 20,000 square feet.

Setbacks: Except as otherwise provided every plot shall have a front yard not less than 25 feet in depth. Every plot shall have a street side yard of not less than 20 feet in depth. There is no side or rear yard setback for a plot which is not adjacent to a street or alley.

Structure parking: All structure parking shall be compatibly designed to complement the primary use structure for which it serves. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finish floor.

Development or redevelopment shall be subject to the criteria set out in this section.

(c)

Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied:

Any Uses permitted in a B1 District subject to the requirements of that district as outlined herein.

Auditoriums.

Automobile new parts and equipment, sales only.

Bait and tackle shops.

Banks, including drive-in teller service.

Billiard rooms and pool rooms.

Dancing halls or dancing academies in air conditioned buildings providing that such establishments are not located closer than 500 feet to an R District.

Dog and pet hospitals in air-conditioned buildings. (See § 1-17.)

Dry cleaning establishments, using noninflammable solvents in self-contained dry cleaning units of the Prosperity type or Dedrick type or an equal, provided such establishments contain not more than 4,000 square feet of floor area.

Electrical appliance and fixture stores including related repair shops.

Employment agencies.

Furniture stores, retail of new merchandise only.

Grocery stores and supermarkets.

Handcrafted-products shop.

Health and exercise clubs and spas.

Department stores.

Lawn mowers, retail, sales and service.

Mortuaries or funeral homes.

Motorcycles sales and repairs.

Pet shops operated in compliance with section 1-17 of the City Code and dog beauty parlors in air-conditioned buildings.

Post office stations and branches, which directly serve the public.

Liquor package stores.

Restaurant, night clubs, lounge, and catering.

Outdoor play equipment: Play equipment areas shall be placed in walled-in or fenced-in areas only. The wall design and/or fence must be compatible in design, materials, and color with the main structure. Between any such areas and adjoining sidewalks, parking spaces or other vehicular use areas, a landscape strip of no less than five feet shall be provided containing trees and tall shrubs of three feet minimum height. Play equipment shall be limited to a maximum height of ten feet or the height of the fascia, whichever is lower. The colors of the play equipment shall be compatible with the main building colors.

Printing shops.

Automobile parking garages, not over six stories in height.

Office parks.

aa.

Indoor commercial recreation uses limited to martial arts, dance and exercise studios. There shall be a maximum of 2,500 square feet of total floor area per establishment and no more than one per business center.

bb.

Automatic car washes are permitted as an accessory use subject to the following conditions:

The car wash must be accessory to and operating as a secondary service to the service station.

The accessory operation shall be fully automatic requiring no employees for car wash related services.

Maximum capacity of the accessory car wash shall be one vehicle.

The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow.

Buffering where the accessory building includes an opening of at least eight feet in width or height:

Where said building is 60 feet or less from "R" zoned land and the opening faces the "R" zoned land, a wall or berm eight feet in height shall be required to screen the opening. The berm, together with any plantings, shall be a minimum of six feet in height at the time of installation. The berm and plantings shall be maintained at an eight-foot height and shall be designed and maintained in a manner that will provide an opaque visual buffer.

ii.

Where the opening is located on the front or immediate streetside elevation of a building, a wall with a height of five feet shall be required to screen the opening. A five-foot landscape strip shall be provided on the streetside of said wall. The strip shall be landscaped with a minimum of two trees, and two shrubs or vines for each five feet of wall.

iii.

Alternate methods of achieving the opaque visual buffer may be approved by the Community Development Director.

In no event shall required walls, berms or plantings conflict with the required Sight Visibility Triangle.

cc.

Hand car washes are permitted as an accessory use subject to the following conditions:

The car wash must be accessory to and operating as a secondary service of the service station.

The accessory car wash must meet all landscape and buffering requirements as outlined in this chapter.

The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow.

Hours of operation shall not exceed hours of operation of the service station.

Traffic circulation standards on-site shall provide a minimum of six vehicle stacking spaces, which spaces may be utilized as stacking spaces, separate parking spaces or a combination of the two. Any stacking shall be located in such a way as to avoid conflicts and provide safe turning movements.

dd.

Hotels, motels, resorts and time share units, subject to the following:

The minimum plot area shall be 1.5 acres.

Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially zoned property and screened from any such adjacent properties in accordance with the landscape code.

The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet.

ee.

Stores for the sale or purchase of previously owned jewelry and/or previously owned precious metals, directly to the ultimate consumer only, except that sales and purchases may be made between vendors occupying the same unit or establishment. Such stores shall provide a security plan for review and approval by the City Manager or his designee.

ff.

Accessory uses and structures.

gg.

For parcels that include one or more shopping center buildings that contain a total of more than 1,000,000 square feet of gross leasable area and do not exceed five stories in height, an electric vehicle retail showroom conforming to the following criteria:

No more than one electric vehicle retail showroom shall be allowed on the parcel;

No on-site vehicle storage/stock beyond the showroom and vehicles for test drives shall be allowed;

No more than six electric vehicles produced by the electric vehicle motor company shall be stored on site, outside of the showroom, to be used for test drive purposes;

No delivery of vehicles and/or service of vehicles shall be permitted on site; and

Prior to establishment of the use, a plan describing the proposed location of the test drive vehicles, the proposed hours and proposed location of test drives shall be submitted for review and approval of the City Manager. Such review and approval will include, but is not limited to, consideration of traffic patterns and traffic conditions in the parcel and in the City as a whole.

(2)

Conditional use. The following uses if first approved as a conditional use:

Regional malls.

Dockage for and boats carrying passengers on excursion, sightseeing, pleasure or fishing trips.

Automobile washing.

Self storage facility.

Heliport landing sites.

Auction sales.

Indoor commercial recreation uses including, but not limited to: theater, bowling center, miniature golf, skating rink, health clubs and physical fitness facilities.

Service stations, subject to the following regulations:

The minimum lot area shall be 20,000 square feet.

The minimum frontage on a street shall be 150 feet.

The minimum setback of any building from all street lot lines shall be 65 feet.

The minimum setback of gasoline pumps from any street lot lines shall be 50 feet.

At the terminus of any pump island, a planter area of a minimum of two feet shall be provided to accommodate a small tree (ten feet maximum) and ground cover/shrubs.

Gasoline vent stacks are to be placed either in the rear half of the property, or away from the street enclosed within a decorative structure or painted an inconspicuous color.

Parking shall be permitted only in designated areas except when the vehicle is fueling.

Service stations within 200 feet of properties in residential, community facility or parks and recreation zoning districts shall protect those properties from headlight glare, undesirable noise and views by the following:

A decorative masonry wall, of uniform appearance six feet in height, above finished grade, except along street frontages abutting a right-of-way with a width of 80 feet or greater.

ii.

A five-foot wide landscape area which shall be outside the wall and consist of a two-foot high continuous hedge at the time of planting and be maintained at a height of at least four feet.

iii.

Such masonry wall and landscaping shall be maintained in good condition at all times. This masonry wall and landscaping may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto.

All services except those routinely performed at full service pump island shall be conducted within the building. No major repairs shall be performed (not including air, water or vacuum).

Uses that exceed the height limitations, up to a maximum of 20 stories or 200 feet.

Automobile parking garages, exceeding two stories but not over six stories in height, as a stand-alone use.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and, that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

Automobile parking garages located directly adjacent to an automobile parking garage located in a multifamily residential zoning district that do not meet the height and distance requirement of subsection 31-144(c)(5)b. and that include the following design elements:

The automobile parking garage is the same height or less than an existing or approved automobile parking garage located on an adjacent residential plot;

The top level of the automobile parking garage is completely screened from view of the adjacent residential plot; and

The openings along the exterior perimeter walls of the automobile parking garage walls within 200 feet of a residential zoned plot shall be screened to minimize adverse effects on the adjacent residential lot.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in l. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

Drive-through facility for a restaurant, café or coffee house.

(3)

Uses prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following:

Any use not specifically permitted.

Adult entertainment establishments as defined in the Land Development Regulations.

Sale of goods to other than the ultimate consumer, except the sale of previously owned jewelry and previously owned precious metals between vendors occupying the same unit or establishment.

Off-premises catering.

Sales, display or storage of used merchandise, other than antiques and previously owned jewelry and previously owned precious metals in accordance with paragraph (c)(1)(ee).

Purchase of used goods, other than previously owned jewelry and previously owned precious metals in accordance with paragraph (c)(1)(ee).

Pawnshops.

(4)

Limitations of uses and structures. All activities of permitted uses, including sale, display, preparation and storage shall be conducted within a completely enclosed building except as follows:

Open-air retail sales of plant materials not grown on-site, home garden supplies and related merchandise (garden shop) are permitted as an accessory use to a retail business subject to the following conditions:

The garden shop must be accessory to and operating as a part of a retail business.

Total square footage of the garden shop shall not exceed the total square footage of floor space within the principal retail business.

An accessory garden shop shall be enclosed by at least an eight-foot wall; the wall on the side contiguous to the main structure must be solid concrete or masonry; however, the three noncontiguous walls may be constructed with up to 50 percent of the eight-foot height in these locations consisting of decorative or ornamental fencing (not chain link fencing or similar materials). No machinery, supplies, inventory, products, equipment or other materials other than living plant materials and the pots in which they are planted, shall be visible through the openings in the wall from the property line of the development boundary. One side of the garden center shall be contiguous to the principal use to which it is accessory.

Stocking of the garden shop shall be done internally or through a single gate at the rear of the premises.

No more than one other gate in addition to the gate described in 4. above, at the rear of premises shall be provided to allow bulky items to be carried out for customer pickup.

Any storage activity must be enclosed by a concrete or masonry wall at least eight feet in height. No machinery, supplies, inventory, products, equipment or materials, other than landscaping, exceeding eight feet in height shall be allowed in such permitted area.

Outdoor seating area when utilized as an accessory use to a restaurant.

Play areas of day nurseries or public or private schools.

Any drive-through business.

Refueling areas of vehicle service stations.

Tennis, racquetball, squash and handball courts, swimming pools, and running tracks, and outdoor seating areas appurtenant thereto.

Overhead doors or other openings larger than eight feet in width and eight feet in height shall not be located on the front or immediate streetside elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened with a masonry or stucco wall in accordance with the requirements contained in this chapter.

(5)

Site development standards.

Floor area ratio and lot coverage and minimum landscaped open space requirements:

For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements.

The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area, except as provided in subsection 4. or 5. below. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the comprehensive plan.

For shopping center buildings with more than 1,000,000 square feet of gross leasable area that provide public amenities including, but not limited to, public plazas, fountains or other water features, seating areas and recreational walking areas and that do not exceed five stories in height, the minimum landscaped open space shall be 15 percent of the total lot area. Said open space shall be extensively landscaped with grass, trees and shrubbery in accordance with a landscape plan to be approved by the city manager. The non-leasable areas within enclosed or non-enclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display areas may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space.

For parcels that include one or more shopping center buildings, the maximum lot coverage shall not exceed 45 percent of the total lot area, provided that such shopping center buildings contain more than 1,000,000 square feet of gross leasable area and do not exceed five stories in height, and that the shopping center building provides a centralized multi-modal transportation facility which is enclosed within a parking structure, and which may be used by city transit providers, county transit providers, any other governmental entities requesting use of the facility and private transit providers. The maximum lot coverage may be increased by an amount up to three percent, to a total not exceeding 48 percent of the total lot area, if the parcel owner(s) enter into an agreement with the City to provide major transportation improvements that are recommended by the City Manager and that may include linkage to railway passenger service and/or other linkage to a regional transportation facility. Such agreement shall allocate the additional lot coverage obtained under this section, shall be in a form satisfactory to the City Manager and City Attorney, and shall not be effective unless approved by motion or resolution of the City Commission.

For parcels that are adjacent (sharing a property line) to a property zoned as recreation open space (ROS) District and are joined to the parcel by a unity of title or covenant in lieu of unity of title, in form acceptable to the city manager and city attorney and recorded in the public records of Miami-Dade County, Florida, the maximum lot coverage shall not exceed 55 percent of the total lot area of the B2 zoning parcel, provided that the ROS land area is no less than 200 acres in size and provided that any clubhouse and/or conference center buildings on the B2 zoning parcel do not exceed two stories in height.

Maximum height: 12 stories or 120 feet overall maximum height, including structure parking, provided that a height limitation of five stories shall apply only for shopping center buildings which are subject to subsection (5)a.4., above. That portion of the building or structure directly adjacent to and within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet, excepting from this height and spacing requirement an automobile parking garage approved as a conditional use pursuant to subsection 31-144(c)(2)n.

Minimum lot area and width: There shall be no minimum required width or area of plot except as otherwise provided.

Setbacks:

Front yard: Not less than 25 feet in depth.

Street side yard: Not less than 20 feet in depth.

Side and rear yard: There is no side or rear yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 20 feet in depth is required for a plot adjacent to a residentially zoned district, street or alley.

Development and redevelopment shall be subject to the criteria set out in this section.

(6)

Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. Such ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be located within a walled service court area or be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. ASTs located within a service court area must be located atop a curbed reveal and shall be protected from turning and backing trucks with bollards.

Be located in a manner consistent with the site development standards of the B2 zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City.

(d)

Heavy Business (B3) District. This district is intended to provide locations for planned commercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan; and for a wide range of goods and services to serve a market beyond the community itself. Such commercial concentrations are expected to draw substantial patronage from outside areas and are not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards, and have direct access to arterial roadways, particularly major arterials.

(1)

Any Uses permitted in a B1 or B2 District subject to the requirements of that district as modified herein.

Sales and installation of automobile tires, batteries and window tinting.

Commercial transportation business including taxi dispatch, bus and tram depot.

Motor vehicle repair and service garage.

Automobile car washing.

Telephone exchange and telemarketing.

Off-premises catering.

Appliance, furniture and small equipment rental agencies.

Contractor shops subject to the following limitations: The activity shall be limited to 2,500 square feet. Loading zones and parking areas for employees shall be adequately screened from public view from thoroughfares and adjacent residential districts.

Professional and research and development offices.

Accessory uses and structures.

(2)

Conditional use. The following uses may be established if first approved as a conditional use:

Buildings or structures exceeding the height limitations set forth in this section, up to a maximum of 20 stories or 200 feet.

Heliports, helistops and off-heliport landing sites.

Sale or rental of automobiles, trucks, trailers, motor homes and boats.

Storage and distribution facilities.

Automobile parking garages, exceeding two stories but not over six stories in height, as a stand-alone use.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

(3)

Additional uses permitted. The following uses shall only be permitted in the B3 Zone:

Adult bookstore.

Adult theater.

Adult night club.

Adult video store.

Massage establishment.

Adult modeling establishment.

Adult photography studio.

Encounter studio.

None of the uses set forth in this subsection shall be permitted (i) within 1,000 feet of a private school, public school, house of worship, public park, public library, day care center or nursery for children or adults; (ii) within 1,000 feet of any of the uses described in this subsection 31-144(d)(3); and (iii) within 660 feet of any R Zoning District; provided, however, that the spacing requirements above shall not apply where the adult entertainment use is separated from a private school, public school, house of worship, public park, public library, day care center or nursery for children or adults and within 660 feet of any R Zoning District by a county or state road of not less than five lanes, an expressway, a river or lake. All other distance and spacing requirements outlined herein shall apply.

The distance and spacing requirements shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the private school, public school, house of worship, public park, public library, day care center or nursery for children or adults and R Zoning District.

From any of the uses described in this subsection 31-144(d)(3) the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the existing uses described in this subsection 31-144(d)(3).

For the purposes of establishing the distance between the uses described in this subsection 31-144(d)(3), and between such uses and private schools, public schools, houses of worship, public parks, public libraries, day care centers or nurseries for children and adults, or R Zoning Districts, the applicant for such use shall furnish a certified survey from a registered surveyor. Such sketch shall indicate the distance between the proposed adult use, and any uses described in this subsection 31-144(d)(3), any house of worship, public school, private school, public park, public library, day care center or nursery for children or R Zoning District.

This subsection 31-144(d)(3) shall not apply to accredited universities, accredited colleges or other accredited educational institutions, museums, art exhibits, arts and cultural performance theaters and playhouses or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits.

(4)

Uses prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis:

Any use first permitted in industrial districts.

Open air sale or display of machinery or construction equipment.

(5)

Limitations of uses and structures.

All permitted uses in this district shall be conducted within a completely enclosed building except as follows:

Any activity which is enclosed by a concrete or masonry wall at least eight feet in height effectively screening such use from outside direct view at ground levels.

Seating area when utilized as an accessory use to a restaurant.

Motor vehicles sales or rental providing the storage area is contained fully within a six-foot high decorative masonry wall. Said masonry wall shall provide along the extension thereof, a five-foot planting strip to be landscaped in accordance with the LDR.

Play areas of day nurseries or public or private schools.

Drive-through businesses.

Refueling areas of service stations.

Car wash.

Plant nurseries.

Commercial marinas.

10.

Recreational uses.

11.

Storage area in this district may be provided outside an enclosed building providing the storage area is contained fully within a six-foot high decorative masonry wall. Said masonry wall shall provide along the extension thereof, a five-foot planting strip to be landscaped in accordance with the LDR.

The following specific uses shall be permitted only when the entire site so utilized is not closer than 300 feet from an R District:

Cabinet and carpenter shop.

Heating and air conditioning contractor shop.

Sign shop.

Tinsmith shop.

Overhead doors or other openings larger than eight feet in width shall not be located on the immediate streetside of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this chapter.

(6)

Site development standards.

Floor area ratio and lot coverage requirements:

The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the comprehensive plan.

Maximum height: 12 stories or 120 feet overall maximum height, including structure parking. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet.

Minimum lot area and width: There shall be no minimum required width or area of plot except as otherwise provided.

Setbacks:

Front yard: Not less than 25 feet in depth.

Street side yard: Not less than 20 feet in depth.

Development and redevelopment shall be subject to the criteria set out in this section.

(7)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be located in a manner consistent with the site development standards of the B3 zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City.

(e)

Office Park (OP) District. This district is intended to provide for high-quality, semi-professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Business/professional offices.

Laboratories for scientific and industrial research and development, including the use of scientific laboratory equipment and devices.

Dental and medical offices.

Banks, savings and loans (no drive-in tellers).

Restaurants accessory to primary uses (no drive-in facilities).

Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising.

Hotels, motels, resorts and time share units, subject to the following:

The minimum plot area shall be 1.5 acres.

The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet.

(2)

Conditional use. The following uses if first approved as a conditional use:

Business-related schools.

Pharmacies limited to drugs and medical supplies.

Uses that exceed the height limitations.

Marine industry uses.

Drive-through bank facility.

Automobile parking garages, exceeding two stories but not over six stories in height, as a stand-alone use.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

Display showroom, subject to all of the following conditions:

Showrooms shall be established only in conjunction with a professional or business office located within the same unit; and

Showrooms shall be located only on the ground floor of a building; and

Only samples related to the professional or business office use shall be displayed in the showroom; and

The samples displayed in the showroom shall not be sold to end users; and

Inventory shall not be stored in the showroom; and

Samples delivered to the showroom shall be utilized for display purposes only, and

Samples shall not be delivered to or from the showroom for use by end users; and

Samples delivered to the showroom for display purposes shall only be delivered to the showroom within normal business hours of the office building in which the showroom is located.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in i. and j. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

(3)

Uses prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses:

Residential uses.

Adult entertainment.

Retail and non-marine industrial uses.

(4)

Site development standards.

Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications.

Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or 100 feet overall maximum height, including structure parking.

Floor area ratio and lot coverage:

The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the comprehensive plan.

Setbacks: No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line.

Front yard: Not less than 50 feet in depth.

Street side yard: Not less than 15 feet in depth.

Rear yard: Not less than 25 feet in depth. Adjacent to any RS districts, the rear yard setback shall be 30 feet in depth.

Minimum open space: Minimum open space shall be 22 percent of the net lot area. Landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space.

Development and redevelopment shall be subject to the criteria set out in this section.

(5)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be located in a manner consistent with the site development standards of the OP zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City.

(f)

Medical Office (MO) District. This district is intended to provide for medical offices and other uses supporting the medical profession associated with the hospital. This zoning district may be applied to land designated Business and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Business/professional offices.

Hospitals (not to exceed 20 stories or 200 feet in height).

Nursing homes.

Medical laboratories.

Laboratories for medical research and development, including the use of medical laboratory equipment and devices.

Dental and medical offices.

Banks, savings and loans (no drive-in tellers).

Restaurants, with no drive-in facilities, that are part of a non-residential or multifamily residential building.

Pharmacies, limited to drugs and medical supplies, except if first approved as a conditional use pursuant to subsection 31-144(f)(2)o.

Hotels, motels, resorts and time share units, subject to the following:

The minimum plot area shall be 1.5 acres, except if first approved as a conditional use pursuant to subsection 31-144(f)(2)n.

The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet.

ALF.

(2)

Conditional use. The following uses if first approved as a conditional use:

Business-related schools.

Except as set forth under subsection r. below, multi-family residential uses with a maximum density of 35 dwelling units per gross acre and with a minimum lot area of between 1.0 to 1.5 acres, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval.

Uses that exceed the height limitations.

Retail uses as part of a non-residential or multifamily residential development, when such retail uses do not exceed 15 percent of the total gross interior square footage of the building.

Drive-through facility.

Heliport landing site.

Automobile parking garages, exceeding two stories but not over six stories in height, as a stand-alone use.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following additional uses may be permitted if first approved as a conditional use:

Uses that exceed the maximum floor area ratio.

Uses that do not meet the open space requirements of this district, upon payment of a fee-in-lieu of open space to be used for public park improvements. The amount of such fee shall be determined by the City Manager based on the appraised value of the land and the amount of reduction in open space requested, provided, however, that the amount of open space shall not be reduced below 15 percent of the total lot area and that the development complies with the Streetscape Design Standards of this section.

Self-service storage facilities with a minimum lot area of 1.5 acres.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For multifamily residential buildings in this district that attain LEED Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased density to a maximum of 45 dwelling units per acre.

Pharmacies not limited to drugs and medical supplies.

Uses that do not meet the minimum lot area and width in subsection 31-144(f)(4)a., provided that the lot area is no less than 1.0 acres, including right-of-way dedications, and provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval.

For those properties lying between NE 213 Street to the south, NE 214 Terrace to the north, NE 29 Avenue to the east and East Dixie Highway to the west, the following reduced yard setbacks may be permitted if first approved as a conditional use and provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval.

Minimum front yard setback shall be ten feet in depth for the first two stories of the structure and 15 feet in depth for any additional stories.

Minimum street side yard setback shall be ten feet in depth for the first two stories and 15 feet for additional stories.

Minimum rear yard setback shall be ten feet in depth.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in k. and l. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

For developments that dedicate a minimum of 35,000 square feet of land to the City for public road purposes and construct the road at the owner's or developer's expense, increased floor area ratio not to exceed 2.49 and increased density not to exceed 57 dwelling units per acre, provided that a building permit for the development is obtained within 24 months of the date of conditional use approval. Failure to obtain a building permit within this time limit will void the conditional use approval. If the site plan approval provides for phasing of the development in two or more phases, the phasing provisions of subsection 31-79(i) of this Chapter shall apply after the 24 month period provided in this Section.

(3)

Uses prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses:

Adult entertainment.

Retail uses as a stand-alone use.

Industrial uses.

(4)

Site development standards.

Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following standard shall apply: The minimum frontage requirement shall be 100 feet with a minimum lot area of 0.5 acres.

Maximum height: No building or structure, or part thereof shall be erected to a height exceeding 12 stories, or 120 feet overall maximum height, including structure parking.

Setbacks: No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line.

Front yard: Not less than 50 feet in depth.

Street side yard: Not less than 20 feet in depth.

Rear yard: Not less than 25 feet in depth.

For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following standards shall apply:

No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line.

Minimum front yard setback shall be ten feet in depth for the first two stories of the structure and 15 feet in depth for any additional stories.

Minimum street side yard setback shall be ten feet in depth for the first two stories and 15 feet for additional stories.

Minimum rear yard setback shall be ten feet in depth, except that the minimum yard setback from Biscayne Boulevard in this district shall be 25 feet in depth.

Floor area ratio and lot coverage and minimum landscaped open space requirements:

For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following standards shall apply: The maximum floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The minimum landscaped open space required shall be 33 percent of the total lot area.

Minimum landscaped open space required shall be 33 percent of the total lot area. The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. The floor area ratio shall not exceed 2.0 for all buildings in this district in conformance with the Comprehensive Plan.

Development and redevelopment shall be subject to the criteria set out in this section.

(5)

Limitations of uses and structures. All activities of permitted uses, including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building. Storage shall not be made above the height of the walls. Overhead doors or other openings larger than eight feet in width shall not be located on the front or immediate street and/or side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in the LDR.

(6)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be located in a manner consistent with the site development standards of the MO zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City.

(7)

Streetscape design standards. For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, each applicant for a development permit under this section shall construct the streetscape across the entire street frontage(s) of its parcel in accordance with the "Hospital District Streetscape Design Standards" as provided by the City Manager. Streetscape improvements shall be counted towards open space requirements, provided that the improvements comply with the design standards of this section.

(8)

Urban design standards. For those properties lying between NE 206 Street to the south, NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west, the following concepts shall guide development in this district, in addition to other applicable architectural design standards found in these Land Development Regulations:

Urban design features, including, but not limited to, connected pedestrian walkways, surface parking areas in the rear of principal buildings, building orientation to the front street, use of awnings and canopies, changes in massing in the building form, including, but not limited to, facades and rooflines.

Exterior colors used shall be light earth tone schemes or other color palette that may be approved by the City Commission.

(Ord. No. 99-09, § 1(Exh. A, § 704), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2001-15, § 1, 10-2-01; Ord. No. 2003-01, § 2, 1-7-03; Ord. No. 2004-02, § 1, 1-6-04; Ord. No. 2005-01, § 2, 1-4-05; Ord. No. 2005-08, § 2, 7-6-05; Ord. No. 2005-15, § 2, 11-1-05; Ord. No. 2006-02, § 2, 2-8-06; Ord. No. 2008-03, § 1, 2-5-08; Ord. No. 2009-19, § 3, 10-6-09; Ord. No. 2012-10, § 2, 9-4-12; Ord. No. 2014-04, § 2, 3-4-14; Ord. No. 2014-13, §§ 2, 3, 10-7-14; Ord. No. 2015-07, § 2, 9-1-15; Ord. No. 2016-11, § 2, 9-6-16; Ord. No. 2016-14, § 2, 11-1-16; Ord. No. 2016-15, § 2, 11-17-16; Ord. No. 2017-01, § 2, 1-10-17; Ord. No. 2017-07, §§ 3, 4, 6-14-17; Ord. No. 2020-03, § 4, 5-5-20; Ord. No. 2021-10, § 2, 6-1-21; Ord. No. 2023-04, § 2, 3-7-23)

Sec. 31-145. - Town Center Zoning Districts.

(a)

Purpose. The purpose and intent of these districts is to provide suitable sites for the development of residential and commercial uses in a well planned and compatible manner. The uses within these districts shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 70 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0.

(b)

Town Center District (TC1). The following regulations shall apply to all TC1 Districts:

(1)

Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3, Multi-Family Medium Density Residential District, with office and/or retail commercial uses allowed in the B1, Neighborhood Business District, where the ratio of total square feet dedicated to residential and nonresidential uses is between 3:1 and 1:3.

Lifestyle center. For purposes of this section, a lifestyle center is a retail-oriented center of superior design quality that serves the retail needs and lifestyle pursuits of consumers in the area. Lifestyle centers shall have an open air configuration and shall include a mix of large, medium and small tenant spaces with at least one, but no more than three, anchor tenants of at least 30,000 square feet of floor area each. A lifestyle center shall include restaurants, family-oriented entertainment, apparel stores and other permitted uses in the B1, Neighborhood Business District, without the size limitations of that district, and may also include permitted uses in the B2, Community Business District, except those B2 uses specifically prohibited for a lifestyle center pursuant to section 31-145(b)(4)q. Lifestyle centers shall include design elements that define their role as a multi-purpose, leisure-oriented, family-friendly destination such as water features, gathering areas, street furniture and well-developed landscaping within and along entrances, pedestrian areas and pathways, all of which are intended to create a town center atmosphere. A lifestyle center shall be within one-half mile of a residential property, but no residential uses shall be included in the lifestyle center itself. A lifestyle center shall encourage multi-modal access by incorporating a mass transit stop, convenient pedestrian crosswalks and bike racks.

(2)

Accessory uses permitted. Permitted incidental and accessory uses shall include:

Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses.

Outdoor dining as an accessory use to a permitted restaurant or retail use.

(3)

Conditional uses permitted. The following uses may be established if first approved as a conditional use:

Those Uses permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center.

Those Uses permitted in the B1 District.

Those Uses permitted in the B1 District with increased floor area.

Sale of alcoholic beverages for on-premises consumption except with meals.

Uses that exceed the height limitations, including parking structures.

Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the TC1 zoning district.

Floor areas that are less than the minimum floor areas required by the provisions of 31-145(5)g hereof.

Allocations of interior spaces other than as set forth in section 31-145(b)(7) hereof.

Structured parking that is not incorporated into the building envelope of a primary use structure, as required by section 31-145(9) hereof.

Structured parking that can be seen from a primary use building and that does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by section 31-238 of this Code.

Driveways for mixed-use projects exceeding 20 acres in size with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that:

Landscaping for the total project site exceeds the minimum requirements of this Code, and;

Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic.

Off street parking that does not meet the requirements of section 31-171(b) or (d) of this Code.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in n. and o. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to 70 units per acre.

(4)

Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses:

Any use not specifically permitted.

Adult entertainment establishments.

Sale of goods to other than the ultimate consumer.

Sales, purchase, display or storage of used merchandise other than antiques.

Any drive-through service facility, except a drive-through service facility may be permitted for outparcel buildings in a lifestyle center.

The following B2, Community Business District, permitted uses are prohibited in a lifestyle center: Auditoriums; automobile new parts and equipment, sales only; bait and tackle shops; billiard rooms and pool rooms; dry cleaning establishments where dry cleaning is performed on site; electrical appliance and fixture stores including related repair shops; lawn mowers, retail, sales and service; mortuaries or funeral homes; motorcycle sales and repair; liquor package stores; bars, lounges and nightclubs; office parks; automatic and hand car washes; hotels, motels and time share units; stores for the sale or purchase of previously owned jewelry and/or previously owned precious metals, directly to the ultimate consumer only, except that sales and purchases may be made between vendors occupying the same unit or establishment.

Residential uses in a lifestyle center.

(5)

Site development standards.

Minimum lot size: 16,000 square feet.

Minimum lot width: 100 feet.

Maximum lot coverage: 45 percent of total lot area.

Maximum floor density:

Residential component: 25 dwelling units per gross acre.

Nonresidential component: 2.0 floor area ratio.

Maximum height: Four stories or 50 feet, including parking structures.

Setbacks:

Front: 25 feet.

Side: There is no side yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required.

Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, or where such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required.

Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 40 percent of the total number of residential units within a building.

Required open space: A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities.

(6)

Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space.

(7)

Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors.

(8)

Garbage containers. All garbage or trash containers, oil tanks and bottle gas tanks must be placed in walled-in areas so that they shall not be visible from adjoining properties.

(9)

Performance Standards. Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Structured parking in a lifestyle center is exempted from the foregoing standard. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor.

(10)

Design Standards. All mixed use development in the TC1 Zoning District shall substantially comply with the applicable "Town Center Design Guidelines" as provided by the City Manager. All lifestyle center development in the TC1 Zoning District shall substantially comply with the "Lifestyle Center in Town Center District Design Guidelines" dated July, 2012, provided by the City Manager.

(c)

Town Center Marine District (TC2). The following regulations shall apply to all TC2 Districts.

(1)

Purpose. This district is intended to provide suitable sites for the development of structures combining residential and commercial uses located in proximity to marine-related light industrial activities. Residential units within this district should be developed and sold with the realistic expectation that limited impacts of noise, odor and dust will be experienced. Residential densities shall not exceed 25 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0.

(2)

Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3, MultiFamily Medium Density Residential District, with office and/or retail commercial uses allowed in the B1, Neighborhood Business District, where that ratio of total square feet dedicated to residential and non-residential uses is between 3:1 and 1:3.

Dry and wet boat storage.

Fabrication and construction of ships and boats.

Manufacturing and repair of equipment used in boats, ships and other marine applications, including cabinets and other interior woodwork; electronic equipment and navigational equipment and tools.

Manufacturing research and development business limited to buildings of 25,000 square feet or less in area per lot.

Marine architects and designers.

Marine showrooms.

Marine warehouses.

Office uses which serve or represent any primary industrial use in the district.

Repair and modification of ships and boats.

Retail sales of boats and ships, marine equipment and accessories, including fishing equipment and tackle, but not including the storage or sales of live bait.

Retail uses which serve the district.

Self-service storage facility.

Warehousing including crating, packing and shipping.

(3)

Accessory uses permitted. Permitted incidental and accessory uses shall include:

Those uses allowed as accessory uses in the RMF3 Multifamily Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non-residential uses.

Fabricators and constructors of ships and boats may operate the following facilities when located on, or adjacent to, their primary facility. These uses shall open for business no earlier than one hour before and close no later than one hour after the normal business hours of the primary facility.

Book, map and gift shops.

Facilities to accommodate plant tours.

Facilities to manufacture, sell and distribute souvenir clothing and fashion accessories.

Museums and instructional centers.

Restaurants that do not sell alcoholic beverages.

Fabricators and constructors of ships and boats may operate underground tanks for the storage and dispensing of gasoline, diesel fuel and turbine kerosene, subject to existing Federal, State or County fire and environmental standards.

Manufacturing and fabrication facilities are allowed one dwelling unit per site for the exclusive residential use of a security guard or plant manager, provided that the floor area of the dwelling unit does not exceed ten percent of the total floor area of the facility.

Outdoor dining as an accessory use to a permitted restaurant or retail use.

(4)

Conditional uses permitted. The following uses may be established if first approved as a conditional use:

Those uses permitted in the RMF3 District.

Those uses permitted in the B1 District.

Those uses permitted in the OP District.

Those uses permitted in the U District.

Those uses permitted in the ROS District.

Daycare centers.

Health club or spa and physical fitness facilities.

Marinas.

Museums.

Restaurants and pubs.

Sale of alcoholic beverages for on-premises consumption except with meals.

Sale, rental, service and storage of motor vehicles.

Stores for the sale or rent of new or used merchandise, conducted solely within a building, whether or not to the ultimate consumer.

Uses that exceed the height limitations, including parking structures.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in p. and q. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to 50 units per acre.

(5)

Uses prohibited. Except as specifically permitted in this subsection (c), the following uses are expressly prohibited as either principal or accessory uses:

Any use not specifically permitted.

Adult entertainment establishments.

Airport or heliport.

Any drive-through service facility.

Any processing of animal products or disposal or incineration of dead animals.

Bars and cocktail lounges.

Bus storage or repair facilities.

Die casting.

Drop forging.

Fish smoking, curing and canning.

Foundry.

Institution for the housing of sick, indigent, aged or minor persons.

Manufacture of asphalt, brick, tile, glues, cement, lime, plaster, concrete or products thereof, acids, carbon, plastics, disinfectants, poison, insecticides and batteries.

Manufacturing and/or storage of explosives or explosives materials.

Meat processing or slaughtering.

Mortuaries.

Oil compounding or barreling.

Open air display, sale or storage of merchandise, materials or equipment, or any service or process performed outdoors unless enclosed by a masonry wall not less than six feet in height.

Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors' equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood.

Paint or varnish manufacturing.

Pulp or paper mills.

Recycling or processing of construction and demolition debris or materials recycling facilities.

Sale of goods to other than the ultimate consumer.

Sales, purchase, display or storage of used merchandise other than antiques.

Salvage yards, automobile crushing operations, storage of automobiles or trucks for parts sales.

(6)

Limitations of uses and structures. All permitted uses in this district shall be conducted within a completely enclosed building except as follows:

Overhead doors or other openings larger than eight feet in width shall not be located on the immediate streetside elevations of buildings. However, on corner and double frontage lots said doors shall be permitted behind a six-foot decorative masonry wall with doors fronting properties of like zoning. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in these LDRs.

Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots.

(7)

Site development standards.

Minimum lot size: 16,000 square feet.

Minimum lot width: 100 feet.

Maximum lot coverage: 45 percent of total lot area.

Maximum floor density:

Residential component: 25 dwelling units per gross acre.

Non-residential component: 2.0 floor area ratio.

Maximum height: Four stories or 50 feet, including parking structures.

Setbacks:

Front: 25 feet.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 40 percent of the total number of residential units within a building.

Minimum open space:

Any uses that include a residential component: A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities.

Non-residential uses: A minimum of 15 percent of the total lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways.

The above minimum requirements may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space.

(8)

Accessibility. All residential units shall be accessible to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space.

(9)

Allocation of interior space. Retail stores, personal services, banks and financial services, indoor commercial recreation uses, restaurants and coffee houses, schools, nursery schools and child care centers are allowed only on the ground floor of mixed-use buildings. Offices and medical offices are allowed only on the ground and second floors. Residential uses are allowed only on the second or higher floors.

(10)

View corridors to bay or ocean. All sites abutting a waterway shall maintain a visual passageway area unencumbered with any structure or off-street parking area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean high tide line. The width of this view corridor shall equal an aggregate area of 20 percent of the average of two frontages on either end of the view corridor, to a maximum of 100 feet. Each corridor shall not be less than ten percent of the required view corridor.

(11)

Performance standards.

No building or structure, or part thereof, shall be erected or used, in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as it relates to sound, vibrations, odors, glare, radioactive materials, smoke and particular matters.

All necessary exterior lighting on the lot shall be installed so as not to cause any nuisance or glare to adjoining areas.

All garbage or trash containers, oil tanks and bottle gas tanks must be placed in walled-in areas so that they shall not be visible from adjacent properties.

There shall be no open outside storage of materials, supplies, products, equipment or machinery or marine vehicles, except automotive vehicles, unless area used for such outside storage is effectively screened from the direct view at ground level from any street or from adjacent property. Said screening shall form a complete opaque screen up to eight feet in height. Said screen may include fencing, provided that said fence is surrounded by trees and/or hedges of a height not less than three feet at time of planting and maintained at the height of the fence. Outdoor storage shall be meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between a frontage street and the building line unless behind a six-foot decorative masonry wall. Such wall shall be constructed a minimum of five feet from the property line and densely landscaped in the required five-foot strip.

Except as provided below, all other fuel tanks, regardless of type, will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for back-up generator day tanks. Aboveground fuel storage tanks (AST) may be above ground for emergency generators only as an accessory use, subject to compliance with the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the zoning district.

All improved land shall be well graded and free from underbrush and objectionable plant growth. All unimproved land shall be kept free from debris and shall not be used for storage of any materials. The road right-of-way landscaped areas shall be mowed at least every two weeks by the adjacent property owner.

All property shall be kept free from rubbish or debris. All buildings shall be kept painted and protected from deterioration and shall not be permitted to become dilapidated.

All driveways, walkways, parking areas, storage and loading areas of developed property shall be well graded and surfaced with at least asphaltic concrete or other equivalent hard, dustless materials.

The nature of any light industrial use shall not be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or create a disturbance or nuisance.

Structure parking: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finish floor.

(12)

Design standards. All development in the TC2 Zoning District shall substantially comply with the applicable "Town Center Design Guidelines" as provided by the City Manager.

(d)

Town Center Neighborhood (TC3) District. The following regulations shall apply to all TC3 Districts:

(1)

Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner in existing neighborhoods on property that provides lot frontage on at least three public streets and does not front upon or access Biscayne Boulevard. Development in this district shall provide for indoor and/or outdoor commercial recreation uses and shall provide a minimum of 20,000 square feet per gross acre of assisted living facility use as part of its commercial uses. Residential densities shall not exceed 20 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0.

(2)

Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than a combination of all of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied:

Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3, Multifamily Medium Density Residential District, with office and/or retail commercial uses allowed in the B1, Neighborhood Business District, where the ratio of total square feet dedicated to residential and non-residential uses is between 3.5:1 and 1:3.5.

Assisted living facilities with a minimum of 20,000 square feet per gross acre and with a minimum gross floor area of 600 square feet per unit.

Indoor and outdoor commercial recreational uses with a maximum of 1,000 square feet of total floor area per establishment.

Hotels, with a minimum of 180 rooms and with a minimum gross floor area of a rental sleeping room of 400 square feet.

(3)

Accessory uses permitted. Permitted incidental and accessory uses shall include:

Outdoor dining as an accessory use to a permitted restaurant or retail use.

(4)

Conditional uses permitted. The following uses may be established if first approved as a conditional use:

Those Uses permitted in the B1 District with increased floor area.

Uses that exceed the height limitations of subsection 31-145(d)(6), including parking structures.

Indoor and outdoor commercial recreation uses with more than 1,000 square feet per establishment.

Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the TC1 Zoning District.

Floor areas that are less than the minimum floor areas required by the provisions of Section 31-145(d)(6)g hereof.

Allocations of interior spaces for mixed-use structures other than as set forth in Section 31-145(d)(8) hereof.

Structured parking that is not incorporated into the building envelope of a primary use structure, as required by Section 31-145(d)(9) hereof.

Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that:

Landscaping for the total project site exceeds the minimum requirements of this Code, and;

Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic.

Off-street parking that does not meet the requirements of Section 31-171(b) or (d) of this Code.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage.

For buildings that attain LEED® Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in l. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

For projects that provide residential units as HERO Housing, increased density above 20 units per acre up to 50 units per acre.

(5)

Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses:

Any use not specifically permitted.

Adult entertainment establishments.

Sale of goods to other than the ultimate consumer.

Sales, purchase, display or storage of used merchandise other than antiques.

Any drive-through service facility.

(6)

Site development standards.

Minimum lot size: Five gross acres.

Minimum lot width: 100 feet.

Maximum lot coverage: 45 percent of total lot area, provided that if 80 percent or more of the required parking spaces is provided in a parking structure, lot coverage may be increased to a maximum of 55 percent of the total lot area.

Maximum floor density:

Residential component: 20 dwelling units per gross acre.

Nonresidential component: 2.0 floor area ratio.

Maximum height: Four stories or 50 feet. including parking structures.

Setbacks:

Front: 25 feet.

Side: There is no side yard setback required for a lot that is not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required.

Street side: 20 feet.

Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required.

Rear street: 20 feet.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with Section 31-145(d)(4)d:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 40 percent of the total number of residential units within a building.

Required open space: A minimum of 35 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers; of this common open space a minimum of one-half shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining one-half may be used for non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities.

(7)

Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space.

(8)

(9)

Performance standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. In accordance with Section 31-145(d)(4)f, conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238.

(10)

Design standards. All development in the TC3 Zoning District shall be compatible with existing adjacent development. Specifically, when greater heights are immediately adjacent to existing development, such height shall be graduated by steps so that the part of the structure within 50 feet of the property boundary is the same or lower height as existing adjacent residential development. Development in the TC3 District shall substantially comply with the applicable "Town Center Design Guidelines", as provided by the City Manager and adopted through Ordinance No. 2006-02 on February 7, 2006.

(e)

Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply in the TC4 District:

(1)

Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 70 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0.

(2)

Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3, Multifamily Medium Density Residential District, with office and/or retail commercial uses allowed in the B1, Neighborhood Business District.

Office space comprising no less than 40 percent of the non-residential square feet of floor area on site.

Hotels, with a minimum of 100 rooms.

Kiosks and outdoor vending, when located within 100 feet of a lake or pond.

A previously-approved, existing use permitted under the previously applicable zoning regulations, such as an existing bank with a drive-through, constitutes a legal conforming use in the TC4 District.

Health and Exercise Clubs and Spas.

Outdoor entertainment, including sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian walkways may be permitted from time to time through Special Events permits issued by the City Manager or designee.

(3)

Accessory uses permitted. Permitted incidental and accessory uses shall include:

Outdoor dining as an accessory use to a permitted restaurant or retail use.

(4)

Conditional uses permitted. The following uses may be established if first approved as a conditional use:

Those uses permitted in the B1 District with increased floor area.

Uses that exceed the height limitations of Subsection 31-145(e)(6)e., including parking structures.

Indoor and outdoor commercial recreation uses.

Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the TC1 Zoning District.

Floor areas that are less than the minimum floor areas required by the provisions of Subsection 31-145(e)(6)g hereof.

Structured parking that is not incorporated into a primary use structure's building envelope, as required by Subsection 31-145(e)(8) hereof.

Any top-level surface area of structured parking that can be seen from a primary use building and does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by Section 31-238 of this Code.

Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that:

Landscaping for the total project site exceeds the minimum requirements of this Code, and;

Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic.

Off-street parking that does not meet the requirements of Subsection 31-171(b) or (d) of this Code.

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0.

For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6, 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED® Gold or Platinum certification, the bonuses in l. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEED® Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings.

Live/work units included within the overall density limits set forth in Subsection (6)d. and adhering to the following:

Located within a multi-story mixed-use building with strictly commercial uses on at least the first floor or in the ground floor of townhouse dwelling units that do not front Biscayne Blvd. The minimum size for each Live/work unit is 850 square feet. The work portion of the unit must not exceed 50 percent of the total floor area of the live/work unit.

The predominate use of each live/work unit is residential, with commercial activity as a secondary use. The quiet enjoyment expectations of residential neighbors take precedence over the work needs of a live/work unit.

Commercial uses in live/work units must be conducted entirely within the unit.

No more than two employees or independent contractors who do not reside at the address may work at the business.

Signage for live/work units is limited to one non-illuminated wall or window sign up to three square feet and located on the same wall as the entrance to the unit.

No commodities, stores, or display of products on the premises shall be visible from the street or surrounding residential area, and no outdoor display or storage of materials, goods, supplies, or equipment used in the live/work unit shall be permitted on the premises.

Required parking spaces per unit shall be in accordance with general residential parking standards, plus one space, which space may not be reserved for the live/work unit.

No equipment shall be used which creates noise, vibration, glare, fumes, or odors outside the dwelling unit that are objectionable to the normal senses.

Commercial uses in live/work units are limited to offices, studios, services and incidental retail. Visits from customers, clients, and suppliers shall average no more than a total of 30 visits per week.

10.

The owner/occupant of a live/work unit must maintain a valid City of Aventura local business tax receipt for the business on the premise. Payment of the annual local business tax will be required prior to occupancy and annually thereafter.

Residential uses that exceed 25 dwelling units per acre, but not to exceed 50 units per acre.

For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to 70 units per acre.

Nothing herein shall be construed to conflict with any applicable state laws.

(5)

Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses:

Any use not specifically permitted.

Adult entertainment establishments.

Sale of goods to other than the ultimate consumer.

Sales, purchase, display or storage of used merchandise other than antiques.

(6)

Site development standards.

Minimum lot size: Five gross acres.

Minimum lot width: 100 feet.

Maximum floor area and density:

Residential component: 25 dwelling units per gross acre.

Nonresidential component: 2.0 floor area ratio.

Maximum height: Ten stories or 100 feet, including parking structures.

Setbacks:

Front: 25 feet.

Street side: 20 feet.

Rear street: 20 feet.

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One-bedroom unit: 900 square feet.

Two-bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 40 percent of the total number of residential units within a building.

Required open space: A minimum of 30 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers; of this common open space a minimum of one-third shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining two-thirds may be used for non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). Water bodies may be used toward the calculation of required open space.

Design standards: All Development in the TC4 Zoning District shall be compatible with existing adjacent development. Specifically, where greater heights are immediately adjacent to existing residential development, such height shall be graduated by steps so that the part of the structure within 50 feet of the property boundary is no more than two stories higher than existing residential development.

Transportation standards:

A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval.

A bicycle parking plan and residential bicycle storage accommodations acceptable to the Community Development Director shall be provided at time of site plan approval. to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required.

On-street parking, on both internal and external streets, shall be provided wherever feasible as shown on an on-street parking plan acceptable to the Community Development Director at time of site plan approval. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval.

(7)

Accessibility for Mixed-Use Structures. All residential dwelling units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space.

(8)

Performance standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. In accordance with Subsection 31-145(e)(4)f., conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238.

(f)

Town Center North Planned Development (TC5) District. The following regulations shall apply in the TC5 District:

(1)

Purpose. This district is intended to encourage and promote development that facilitates a coordinated and balanced mix of land uses, including retail, office, hotel/conference, certain types of commercial recreation uses, residential and other similar uses. The mix of land uses associated with the TC5 district shall also provide recreation, entertainment, and associated employment opportunities while creating an urban center with high quality architecture, pedestrian-friendly streets, outdoor public spaces and access to public transit. Residential densities shall not exceed 62 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0.

(2)

Implementation. This district implements, and is limited by, the "Town Center" Comprehensive Plan designation.

(3)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than the following specific uses, or a combination thereof, provided the requirements set forth elsewhere in this section are satisfied: those uses consistent with or customary to mixed-use urban centers including, but not limited to, multi-family residential, office, retail/commercial uses including cinemas, nightclubs, café/restaurants, hotels, and accessory parking.

(4)

Accessory uses permitted. Permitted incidental and accessory uses shall include all uses customarily accessory to the principal permitted use but not including any of the uses listed as prohibited.

(5)

Uses prohibited. Except as specifically permitted in this subsection, the following uses are expressly prohibited as either principal or accessory uses:

Any use not specifically permitted.

Adult entertainment establishments.

Sale of goods to other than the ultimate consumer.

Sales, purchase, display or other storage of used merchandise other than antiques.

(6)

Site development standards.

Maximum density and floor area:

Residential component: 62 dwelling units per gross acre.

ii.

Nonresidential component: 2.0 floor area ratio.

Maximum height: 30 stories.

Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31-145(e)(4)e:

Efficiency or one-bedroom unit: 600 square feet.

ii.

Two-bedroom unit: 800 square feet.

iii.

Three-bedroom: 1,000 square feet.

For each additional bedroom in excess of three, add 150 square feet.

Setbacks:

Frontages abutting public or private streets: No required setback as long as a minimum 10-foot-wide clear pedestrian path is provided within a combination of the right-of-way or private property. The pedestrian path may be reduced to five feet in order to accommodate street trees, required utility apparatus, or other street furniture.

ii.

Interior frontages: No required setback.

Building separation: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, floors developed with residential units may be no closer than 25 feet to another building.

Encroachments: Buildings and structures above the ground floor may be built above colonnades and/or encroach into private right-of-way as long as the minimum 10-foot-wide clear pedestrian path is maintained. No encroachment may extend closer than six inches from the face of any curb.

Open space: A minimum of 15 percent of the total lot area of any development site shall be provided as common open space available for use by all residents or consumers; of this common open space a minimum of one-third shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining two-thirds may be used for non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). Water bodies may be used toward the calculation of required open space.

Shared parking: All development within the TC-5 District may apply for approval of shared parking. The petition for shared parking shall include an independent parking study in a form acceptable to the City, which includes but is not limited to, information indicating that development uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking.

At the discretion of the Community Development Director, developments utilizing shared parking may be required to enter into a covenant or other site plan restriction restricting the size, mix or location of uses within the TC-5 District.

(7)

General Plan of Development and Design Guidelines. This district shall be implemented through the approval of a General Plan of Development and Design Guidelines (the guidelines) by the City Commission following a duly noticed public hearing. The guidelines shall be a document created and submitted that describes the architectural and design goals of a specific development within the district. The guidelines shall include a description and intent of the overall development and provide design standards for vehicular and pedestrian circulation, architecture, landscaping, open space, signage, parking (surface and structured), loading, streets, and regulations addressing building placement, scale/massing, height, and character.

(8)

Standards for General Plan and Design Guidelines Approval. The City Commission shall approve an application for General Plan and Design Guidelines approval upon a demonstration that the General Plan and Design Guidelines are: (i) consistent with the goals, objectives, policies and other applicable requirements of the City's Comprehensive Plan; (ii) compatible with the aesthetic character of the City; (iii) and provide for public rights-of-way as necessary to comply with the Trafficways Plan and other applicable City plans.

(9)

Conflicts. In the event of a conflict between an approved General Plan of Development and Design Guidelines (the guidelines) and the City Code of Ordinances, the guidelines shall prevail.

(10)

Administrative review. All applications for development approvals within the TC5 district shall be reviewed administratively in accordance with Section 31-79.

(11)

Validity. Should any subsection, paragraph, sentence, clause, phrase or other part of this section be declared by a court of competent jurisdiction to be invalid, such decision shall not service to invalidate the remaining words, subsections, and positions of this section.

(Ord. No. 99-09, § 1(Exh. A, § 705), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2001-15, § 1, 10-2-01; Ord. No. 2002-20, § 1, 9-3-02; Ord. No. 2003-01, § 3, 1-7-03; Ord. No. 2006-02, § 2, 2-8-06; Ord. No. 2009-19, § 4, 10-6-09; Ord. No. 2010-08, § 1, 9-7-10; Ord. No. 2012-14, § 2, 10-2-12; Ord. No. 2013-12, § 2, 10-1-13; Ord. No. 2017-07, §§ 3, 4, 6-14-17; Ord. No. 2020-03, § 4, 5-5-20; Ord. No. 2021-15, § 2, 9-23-21; Ord. No. 2023-12, § 2, 7-11-23; Ord. No. 2023-13, § 2, 7-11-23; Ord. No. 2023-20, § 2(Exh. A), 11-7-23; Ord. No. 2025-02, § 2, 3-4-25; Ord. No. 2025-09, § 2, 6-3-25)

Sec. 31-146. - Industrial Zoning District.

(a)

Purpose. The industrial district is intended to provide for light industrial development in conformance with the Comprehensive Plan and allow for a variety of uses to accommodate the City's industrial and commerce needs. This zoning district may be applied to land designated Industrial and Office on the City's Future Land Use Map. However, the uses within this district shall be consistent with, but may be more restrictive than, the Industrial and Office Land Use Plan category permitted uses.

(b)

Light Industrial District (M1). The following regulations shall apply to the M1 District:

(1)

Purpose of district. This district is intended for the development of nonpolluting light industry and to provide a suitable area for uses related to the design, construction, repair, or sales of marine vessels, businesses serving the needs of clients, customers or visitors to such facilities; and facilities to promote and increase the understanding of marine architecture, design, research and construction.

(2)

Fabrication and construction of ships and boats.

Repair and modification of ships and boats.

Manufacturing and repair of equipment used in boats, ships and other marine applications, including cabinets and other interior woodwork; electronic equipment and navigational equipment and tools.

Marine architects and designers.

Retail sales of boats and ships, marine equipment and accessories, including fishing equipment and tackle, but not including the storage or sales of live bait.

Marine warehouses.

Retail uses which serve the district.

Marine showrooms.

Self service storage facility.

Warehousing including crating, packing and shipping.

Manufacturing research and development business limited to buildings of 25,000 square feet or less in area per lot.

Office uses which serve or represent any primary industrial use in the district.

All uses permitted in the CF District.

Dry and wet boat storage.

(3)

Conditional use. The following uses, if first approved as a conditional use:

Stores for the sale or rent of new or used merchandise, conducted solely within a building, whether or not to the ultimate consumer.

Office buildings.

The sale, rental, service and storage of motor vehicles.

Restaurants and pubs.

Health club or spa and physical fitness facilities.

All uses permitted in the OP District.

All uses permitted in the U District.

All uses permitted in the ROS District.

All uses permitted in the CF District.

Daycare centers.

Museums.

Schools and educational facilities.

Marinas.

(c)

Accessory uses permitted. Permitted incidental and accessory uses shall include:

(1)

Facilities to accommodate plant tours.

Book, map and gift shops.

Restaurants that do not sell alcoholic beverages.

Museums and instructional centers.

Facilities to manufacture, sell and distribute souvenir clothing and fashion accessories.

(2)

(3)

(4)

Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses:

Foundry.

Drop forging.

Any processing of animal products or disposal or incineration of dead animals.

Salvage yards, automobile crushing operations, storage of automobiles or trucks for parts sales.

Recycling or processing of construction and demolition debris, materials recycling facilities.

Paint or varnish manufacture.

Oil compounding or barreling.

Die casting.

Meat processing, slaughtering.

Fish smoking, curing and canning.

Airport.

Bus storage or repair facilities.

Manufacture of asphalt, brick, tile, glues, cement, lime plaster, concrete or products thereof, acids, carbon, plastics, disinfectants, poison, insecticides and batteries.

Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber or wood.

Institution for the housing of sick, indigent, aged or minor persons.

Hotels and motels.

Manufacturing and/or storage of explosives.

Bars and cocktail lounges.

Mortuaries.

Any use not specifically permitted.

Open air display, sale or storage of merchandise, materials or equipment, or any service or process performed outdoors unless enclosed by a masonry wall not less than six feet in height.

Pulp or paper mills.

Adult entertainment.

(5)

Limitations of uses and structures. All permitted uses in this district shall be conducted within a completely enclosed building except as follows:

Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to corner and double frontage lots.

(6)

Site development standards.

Minimum lot area and width: The minimum size of plots shall be 15,000 square feet and the width shall be 100 feet.

Maximum height: No building or structure shall be erected or altered to a height exceeding three stories or 45 feet, whichever is less.

Setbacks:

Front: 25 feet. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line.

Side street: 15 feet.

Rear: 15 feet.

Rear, from edge of water: Ten feet.

Adjacent to any RS or RMF Districts: 30 feet.

Floor area ratio and lot coverage: No restrictions except as may be controlled by other specific requirements in this district.

Minimum open space: 12 percent of the net lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty percent of the required open space. Any site which abuts a residentially zoned or developed property shall provide 15 percent of the net lot area as landscaped open space.

(7)

Performance standards.

All necessary exterior lighting on the plot shall be installed as not to cause any nuisance to adjoining areas.

There shall be no open outside storage of materials, supplies, products, equipment or machinery or marine vehicles, except automotive vehicles, unless area used for such outside storage is effectively screened from the direct view at ground level from any street or from adjacent property. Said screening shall form a complete opaque screen up to eight feet in vertical height. Said screening may include fencing up to a height of eight feet, provided that said fence is surrounded by trees and/or hedges of a height not less than three feet at time of planting and maintained at the height of the fence. Outdoor storage shall be meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between a frontage street and the building line unless behind a six-foot decorative masonry wall. Such wall shall be constructed a minimum of five feet from the property line and densely landscaped in the required five-foot strip.

Fuel storage tanks may be above ground for emergency generators if fully screened by a masonry or concrete wall, finished in a manner consistent with the structure and landscaped with a continuous hedge and trees on each elevation of the wall. All other fuel tanks, regardless of type will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for back-up generator day tanks.

All improved land shall be well graded and free from underbrush and objectionable plant growth. All unimproved land shall be kept free of debris and shall not be used for storage of any materials. The road right-of-way landscaped areas shall be mowed at least every two weeks by the adjoining property owner.

All property shall be kept free from rubbish or debris. All buildings shall be kept painted and protected from deterioration and shall not be permitted to become dilapidated.

The nature of any light industrial use shall not be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or create a disturbance or annoyance.

(Ord. No. 99-09, § 1(Exh. A, § 706), 7-13-99)

Sec. 31-147. - Community Facilities Zoning District.

(a)

Purpose. The Community Facilities (CF) District is intended for those uses of institutional character such as houses of worship, schools, government and cultural buildings, public facilities, hospitals and parks and other facilities, which generally benefit the community. This zoning district may be applied to land designated Residential, Parks and Recreation, Town Center, Business and Office, Industrial and Office on the City's Future Land Use Map.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Parks.

Schools.

Educational or vocational institutes.

Churches or synagogues and other houses of worship.

Libraries.

Cultural, civic and community centers.

Municipal government, administration, services and maintenance facilities.

Police and fire protection facilities.

Uses generally accessory to the above principal uses.

(2)

Conditional use. The following uses if first approved as a conditional use:

Governmentally sponsored or subsidized residential/care facilities for the aged and/or handicapped, nursing homes, convalescent homes, and congregate care facilities.

Hospitals and clinics.

Non-municipal governmental facilities and buildings.

Private fraternal, civic, charitable, professional or educational non-profit organizations.

Federal post office.

ALF.

Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements:

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the CF zoning district.

(3)

Uses prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses:

Residential uses.

Retail uses.

Adult entertainment uses.

Industrial uses.

(4)

Site development standards.

Minimum lot area and width: The minimum size of plots shall be 20,000 square feet and the minimum width shall be 100 feet.

Maximum height: No building or structure shall be erected or altered to a height exceeding ten stories or 120 feet, whichever is less.

Setbacks:

Front: 25 feet. No parking areas shall be located within 30 feet of any residentially zoned property or within 10 feet of any street line.

Side street: 30 feet.

Rear: 20 feet.

Rear, from edge of water: 10 feet.

Adjacent to any RS or RMF Districts: 30 feet.

(Ord. No. 99-09, § 1(Exh. A, § 707), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2020-03, § 8, 5-5-20)

Sec. 31-148. - Recreation/Open Space Zoning District.

(a)

Purpose. The Recreation Open Space (ROS) District is intended to provide for the recreation and open space needs of the City. The uses within this district shall be consistent with the Parks and Recreation Future Land Use Map category permitted uses. This zoning district may be applied to land designated Recreation and Open Space, Residential and/or Town Center on the City's Future Land Use Map. Because of the nature of uses involved and the variety of arrangements of uses and facilities, general regulations for plot size, yards, setbacks and height must be adequate for any location at which an ROS district may be established.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Open space and passive recreational areas.

Golf course.

Boat ramps and docks.

Outdoor cultural, educational and civic facilities.

Parks.

Waterways.

Uses accessory to any of the above uses when located on the same plot.

(2)

Uses prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses:

Any business or commercial use except when meeting the requirements of an accessory use.

Any industrial or manufacturing use.

Drive in theater.

Residential uses.

Adult entertainment uses.

(3)

Site development standards.

Minimum lot area and width: The minimum size of plots shall be 10,000 square feet and the minimum width shall be 100 feet.

Maximum height: No building or structure shall be erected or altered to a height exceeding five stories or 60 feet, whichever is less.

Setbacks: All 25 feet. Adjacent to any trafficway 75 feet.

(4)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the ROS zoning district.

(Ord. No. 99-09, § 1(Exh. A, § 708), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2020-03, § 8, 5-5-20)

Sec. 31-149. - Utilities Zoning District.

(a)

Purpose. The Utilities District (U) is intended to provide for all public utility uses. This zoning district may be applied to land designated Industrial and Office, Residential or Business and Office on the City's Future Land Use Map.

(1)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Water and wastewater pumping stations.

Wellfields.

Electrical utility substations.

Public utilities.

Communication facilities.

Railroads.

All uses permitted in ROS district.

Uses accessory to any of the above uses when located on the same plot.

(2)

Conditional use. The following uses if first approved as a conditional use:

Solid waste disposal, transfer or recycling facility.

Power plants.

Waste transfer station.

Water and wastewater plants.

Telecommunications towers or transmission facilities.

(3)

Site development standards.

Minimum lot area and width: The minimum size of plots shall be 10,000 square feet and the minimum width shall be 100 feet.

Maximum height: No building or structure shall be erected or altered to a height exceeding seven stories or 80 feet, whichever is less.

Setbacks: All 25 feet. Adjacent to any trafficway: 75 feet. No parking areas shall be located within 20 feet of any residentially zoned property or within ten feet of any street line.

(4)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be located in a manner consistent with the site development standards of the U zoning district.

Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City.

(Ord. No. 99-09, § 1(Exh. A, § 709), 7-13-99; Ord. No. 2000-08, § 1, 4-4-00; Ord. No. 2020-03, § 8, 5-5-20)

Sec. 31-150. - Specific use regulations.

The specific conditions set out below shall be applied to each proposed use during conditional use and site plan review.

(1)

Automobile and light truck, new sales agency or rental. [An automobile and light truck, new sales agency or rental] shall be permitted only upon approval after public hearing in any business or industrial zoning district and subject to the following conditions:

That a continuous, densely planted greenbelt of not less than 15 feet in width, penetrated only at points approved by the Community Development Director for ingress or egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center. The shade trees shall have a minimum caliper of 2½ inches at time of planting.

That a decorative masonry wall at least five feet in height shall enclose the vehicle storage area and repair area, approved through public hearing. The placement of said wall, and openings through same shall comply with the requirements contained elsewhere in this chapter.

That all outdoor paging or speaker systems are expressly prohibited.

That no repair work of any type is permitted on premises unless approved after public hearing.

That used vehicle sales shall be permitted as an accessory use providing said vehicles are in good condition, late model and operable.

All outdoor display areas and visitor parking areas shall be clearly designated on an approved site plan. All parking and display areas shall be paved and striped. Required yards, bufferyards, landscaping and open space shall be protected by non-mountable curbing. Visitor parking shall be provided at the rate provided for in the Parking and Loading Requirements. Merchandise shall not be displayed within any required yard or bufferyard.

(2)

Bottle club. Any bottle club as defined by F.S. ch. 561, shall be required to obtain conditional use approval.

(3)

Child or adult care centers. Child or adult care centers shall be required to provide a designated drop-off and pick-up area which is not part of the permanent parking for the site. All required play areas shall be grassed or mulched. Paved areas shall be not be considered as play areas. Outdoor play areas shall be fenced and screened from trafficways and adjacent properties.

(4)

Drive-through windows. All uses which provide drive-through service shall meet the design requirements contained in the Parking and Loading Requirements.

(5)

Group homes. The establishment of group homes shall be as regulated in F.S. ch. 419. A proposed group home of six or fewer residents within 1,000 feet of an existing group home shall be required to obtain conditional use approval.

(6)

Multifamily residential. Multifamily residential projects shall be under the unified control of a single person, homeowners association or condominium association.

(7)

Outdoor sales. All sales, service and storage shall be conducted in a completely enclosed building except where specifically permitted. No permanent outdoor sales shall be permitted within any public or private right-of-way, required parking or traffic circulation area, fire lane, any landscape area or within a sidewalk.

(8)

Outdoor storage. All businesses which store materials, work in progress, finished products, machinery or equipment outside of an enclosed building shall be required to obtain conditional use approval unless otherwise specified in these regulations. This regulation shall not apply to cars or trucks used in the normal course of business parked overnight in designated parking areas. All outdoor storage shall be indicated on a site plan and buffered from adjacent properties by the required bufferyard of this chapter with the addition of a finished concrete wall.

(9)

Rehabilitation centers. No rehabilitation center shall be established within 1,500 feet of an existing rehabilitation center, as measured from the edge of the parcel containing the existing facility.

(10)

Utility substations. All non-municipal utility facilities shall be required to obtain conditional use approval, unless otherwise specified in these regulations, prior to a building permit being issued.

(11)

Warehouse-self storage. A warehouse-self storage facility shall not be permitted to contain businesses which require a local business tax receipt for the premises. No wholesale or retail sales are permitted. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet.

(12)

Wetland mitigation banks. Wetland mitigation banks shall be a permitted use in land designated Water or Parks and Recreation on the Future Land Use Map. On-site mitigation for a development project is a permitted use.

(Ord. No. 99-09, § 1(Exh. A, § 710), 7-13-99; Ord. No. 2007-07, § 9, 5-1-07)

Sec. 31-151. - Uses prohibited in all zoning districts.

(a)

Prohibited uses generally. Within any particular zoning district, any use which is not specifically identified as a permitted, conditional use, or accessory use shall be prohibited.

(b)

Specifically prohibited uses. Additional, specifically identified prohibited uses are identified in the individual zoning districts.

(c)

Dispensing of marijuana products. In accordance with F.S. § 381.986, the dispensing of marijuana in any form, by any person or business, is prohibited in all zoning districts. Further, all uses, products, or acts prohibited under any state or federal law are prohibited throughout the City.

(Ord. No. 2017-11, § 2, 10-3-17)

Aventura City Zoning Code

ARTICLE VII

- USE REGULATIONS

Sec. 31-141. - Zoning districts.

(a)

(b)

Conservation District (CNS)

Residential Districts (R)

Single-family

Residential (RS1)

Residential (RS2)

Medium Density

Residential (RMF3)

Residential (RMF3A)

Medium High Density

Residential (RMF4)

Business Districts (B)

Neighborhood Business (BI)

Community Business (B2)

Heavy Business (B3)

Office Park (OP)

Medical Office (MO)

Town Center District (TC)

Town Center (TC1)

Town Center Marine (TC2)

Industrial District (M)

Light Industrial (M1)

Community Facilities District (CF)

Recreation/Open Space District (ROS)

Utilities District (U)

(c)

(d)

(e)

Boundaries of districts. Unless otherwise shown, the zoning district boundaries are street centerlines, alley centerlines or subdividing or boundary lines of recorded plats or the extensions thereof.

(f)

Zoning for annexed areas. The City Commission at the time of annexation shall assign the zoning district applicable to the annexed area consistent with the requirements of this chapter.

(g)

(Ord. No. 99-09, § 1(Exh. A, § 701), 7-13-99)

Sec. 31-142. - Conservation Zoning District.

(a)

(1)

Passive outdoor recreational uses such as wildlife sanctuaries and feeding stations, nature centers and trails, outdoor research stations and walkways.

Fishing, boating and camping facilities.

Structures used for flood control, drainage and water storage.

Wetlands.

Waterways.

(Ord. No. 99-09, § 1(Exh. A, § 702), 7-13-99)

Sec. 31-143. - Residential Zoning Districts.

(a)

(b)

Residential Single-Family Districts (RS1). The following regulations shall apply to all RS1 Districts.

(1)

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

One-family detached dwelling.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

(3)

Site development standards.

Minimum lot area: 7,500 square feet.

Minimum lot width: 75 feet.

Maximum height: Two stories or 30 feet above the centerline of the road whichever is less.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 35 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards: Minimum of eight feet. A corner side setback shall be 15 feet on the side of the plot abutting on the side street.

Rear yards: Minimum of 25 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 2,500 square feet.

(c)

Single-family Residential Districts (RS2). The following regulations shall apply to all RS2 Districts.

(1)

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

One-family detached dwelling.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

Zero lot line dwelling units.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

(3)

Site development standards.

Minimum lot area: 4,000 square feet.

Minimum lot width: 40 feet.

Maximum height: Three stories, not to exceed 55 feet above the centerline of the road whichever is less.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 45 percent of the area of the lot.

Setbacks:

Side yards: Minimum of six feet in width for a maximum of 50 percent of the lot depth. A corner side setback shall be 15 feet on the side of the plot abutting on the side street or canal or waterway.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

(d)

Multifamily Medium Density Residential Districts (RMF3). The following regulations shall apply to all RMF3 Districts.

(1)

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Two-family dwellings.

Triplexes and quadruplexes.

Townhouses not to exceed six units in any one group.

Low-rise apartments.

Mid-rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

(3)

Site development standards.

Minimum lot area and width:

Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area.

Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height:

Duplexes: Two stories or 25 feet.

Townhouses: Three stories or 35 feet.

Low- and mid-rise apartments: Four stories or 45 feet.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards:

ii.

Low- and mid-rise apartments: 25 feet in depth.

Rear yards: Minimum of 25 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities.

Height of Building	Floor Area Ratio
1 story	0.30
2 story	0.50
3 story	0.75
4 story	0.80

(4)

Be of 2,000 gallons capacity or less.

Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management.

Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.

Be located in a manner consistent with the site development standards of the RMF3 zoning district.

(e)

Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts:

(1)

(2)

Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses:

Two-family dwellings.

Triplexes and quadruplexes.

Townhouses not to exceed six units in any one group.

Low rise apartments.

Mid rise apartments.

Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.

Uses accessory to any of the above uses when located on the same plot.

(2a)

Conditional uses. The following uses may be established if first approved as a conditional use:

All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.

For buildings that attain LEED® Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, increased floor area ratio.

(3)

Site development standards.

Minimum lot area and width:

Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area.

Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.

Maximum height:

Duplexes: Two stories or 25 feet.

Townhouses: Three stories or 35 feet.

Low-rise apartments: Four stories or 45 feet.

Mid-rise apartments: Seven stories or 80 feet.

Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot.

Setbacks:

Front yards: Minimum of 25 feet in depth.

Side yards:

ii.

Low-rise and mid-rise apartments: 25 feet in depth.

iii.

Rear yards: Minimum of 25 feet.

Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet.

Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater.

Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows:

Multiple-family dwelling unit:

Efficiency unit: 800 square feet.

One bedroom unit: 900 square feet.

Two bedroom unit: 1,050 square feet.

For each additional bedroom in excess of two add 150 square feet.

Efficiency units shall not exceed 20 percent of the total number of units within a building.

Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities.

Height of Building	Floor Area Ratio
1 story	0.30
2 story	0.50
3 story	0.75
4 story	0.90
5 story	1.05
6 story	1.25
7 story	1.50