In each zone each structure hereafter erected, moved or altered shall conform to the following regulations.

(1)

Driveways. In all zones each lot shall be provided a paved driveway of not less than 12 feet in width on one side of the lot, except as provided in section 62-356.

(2)

Fences. Fences not higher than five feet above the grade of the nearest right-of-way may be erected. No fence of any material, including shrubbery, shall be higher than five feet between the right-of-way and the building line or higher than eight feet at any other point.

(3)

Parking and loading. In all zones each use shall meet the requirements of section 62-356 for off-street parking, loading spaces, etc.

(4)

Chimneys, poles, etc. Chimneys, elevators, poles, spires, tanks, towers or other projections not used for human occupancy may extend above the height limits where designed to withstand a minimum of 100 mile-per-hour winds and shall be located a distance from other buildings equal at least to their height.

(5)

Open space. No open space or lot area required for a structure or use shall, during the existence of that structure or use, be occupied by or counted as open space or a part of the requirement for another structure or use.

(6)

Right-of-way widths. Where the right-of-way abutting a lot is not dedicated to public use to the width specified in section 62-341, all setback distances shall be measured from the officially planned right-of-way widths listed in said section 62-341.

(7)

Side and rear setbacks. The side or rear setback or building line of any building or structure (except fences approved herein) on a corner lot shall be the same as the front building line setback within 200 feet for that side or rear street, except as otherwise provided in article III of this chapter.

(8)

Placement of structures. No building shall be placed on a lot, nor a new use made of any structure which does not abut a right-of-way specified in section 62-341.

(9)

Tents. Tents shall not be used except where all property owners within 250 feet sign waivers of objection. A tent of fire-resistant material may be used for not longer than 30 days, provided a permit is obtained and bond posted in accordance with section 62-111. The bond shall include a condition to clean up the site after use. All uses permitted herein shall provide for off-street parking in accordance with section 62-356.

(10)

Cornices, eaves, etc. Cornices, steps, eaves and signs shall not be closer than three feet to a side or rear lot line. Steps, stoops or terraces not exceeding 24 square feet in area, eaves, cornices, awnings and other projections shall not project more than six feet into a front yard or within the front setback space of a structure, provided it does not extend into or over the official right-of-way specified in section 62-341. No part of any structure shall extend over or into a right-of-way.

(11)

Lighting. Exterior light fixtures shall be installed by the developer along all public rights-of-way and private internal streets and alleys within, and adjacent to, any subdivision, apartment or condominium project with ten or more dwelling units. These light fixtures must be installed according to the standards established by Miami-Dade County. All lighting fixtures must be fully operational prior to the first certificate of occupancy issued within the subdivision, apartment or condominium project.

(Ord. No. 72-3, § 1, 6-27-72; Ord. No. 08-12, § 1, 8-12-08)

(a)

Canvas awnings shall be fastened only to metal frames.

(b)

Awnings and canopies of any material shall not project more than specified in section 62-251(10), nor closer than three feet to a side lot line nor closer than eight feet to another building.

(c)

Canopies shall not be used for parking automobiles between the right-of-way and the front building line.

(d)

Awnings and canopies shall be removed and stored in a safe place immediately after a hurricane alert.

(Ord. No. 80-14, § 19, 11-25-80)

Editor's note— Ord. No. 14-01, § 1, adopted Feb. 25, 2014, repealed § 62-253, which pertained to code requirements.

Accessory use in an R residential zone shall include:

(1)

Structures and uses (such as private garages) solely for the use of residents of the premises which are customarily incidental to and on the same lot with a permitted use, except where otherwise limited or prohibited by this ordinance, the laws of the state or of the United States. No commercial use shall be considered an accessory use in any R residential zone.

(2)

The sale of produce raised only on the premises by the resident may be permitted for periods not exceeding four months during any year, provided said produce is not displayed for sale between the front building line and the public right-of-way in any zone.

(3)

The taking of lodgers and tourists, provided there are not more than three paid guests at a time and not more than 20 percent of the main building is so used, and provided that all automobile parking by occupants of the premises is back of the front building line. Permit from the state hotel commission and annual zoning permit shall be required for the taking of lodgers or tourists. In no case shall lodgers or paid tourists or employees be allowed in an apartment other than a bungalow court in a C-1, neighborhood commercial or C-2, general commercial zone. The housing of employees shall not be permitted in any structure without approval of the city commission board as provided herein. Both an annual zoning permit and license from the state hotel commission shall be obtained for such housing of employees, regardless of whether or not a charge is made for lodging.

(4)

One advertising sign pertaining only to home occupation or to the lease or sale of the premises is permitted in an R residential zone, provided said sign is attached flat against the building and does not exceed an area of two square feet. All signs shall meet the requirements of article V of this chapter and require an annual permit number and date thereon in letters and numbers at least a half-inch high.

(Ord. No. 87-8, § 14(A), 7-14-87)

Bungalow courts or motor courts shall not be permitted in any zone except an RM-15, residential multifamily or C-1, neighborhood commercial zone, provided the lot so used has a minimum area of 10,000 square feet, and all abutting public rights-of-way are dedicated to the official width specified in section 62-341. All buildings shall be of masonry construction. All buildings shall be spaced at least 15 feet apart unless joined together as duplexes or in a row. There shall be a clear space of not less than 15 feet in front of all doors and windows. Not more than 50 percent of a lot may be occupied by structures. Signs shall meet the requirements of article V of this chapter. No trailers shall be permitted in a bungalow or motor court. A clear space at least 25 feet in depth shall be maintained across the front of all bungalow courts and motor courts between the official right-of-way (see section 62-341), and the nearest building, except for permitted signs and said space shall have grass planted and maintained, and all trees and shrubbery planted therein shall conform to a plan approved by the planning and zoning board and the city commission. No structures or vehicles shall be placed within 15 feet of a side or rear property line in a bungalow or motor court.

(Ord. No. 87-8, § 14(B), 7-14-87)

(a)

Any area in which mobile homes are parked shall require a license from the city and from the state. The parking of mobile homes used for sleeping quarters shall not be permitted in any except an R-T, residential mobile home/recreation vehicle zone.

(b)

Commercial vehicles shall not be parked overnight in any R residential zone.

(Ord. No. 80-14, § 20, 11-25-80)

Family day care and afterschool care for children is permitted in all residential districts upon compliance with the following conditions and requirements:

(1)

That the total number of children on the premises does not exceed five in number, including in the count preschool children of the resident family. Preschool children shall consist of children five years of age or younger.

(2)

That the age of the children, excluding those of the resident family, shall not exceed 11 years of age.

(3)

That the applicant secure a license from the Florida Department of Health and Rehabilitative Service to operate a family day care home at the subject property.

(4)

That outdoor play by children shall be restricted to the hours of 9:00 a.m. to 6:00 p.m. only. In addition, such uses proposed on property abutting or containing a water body such as a pool, pond, lake, canal or irrigation well must provide a safety barrier which totally encloses or affords complete separation from such water hazards. All such barriers shall be a minimum of 48 inches in height and gates shall be of the spring back type so that they shall automatically be in a closed an fastened position at all times. Gates shall also be equipped with a safe lock and be locked when the area is without adult supervision.

(Ord. No. 98-03, 11-10-98)

Day care centers in commercial districts must comply with the following conditions and requirements:

(1)

That the applicant secure a license from the Florida Department of Health and Rehabilitative Service to operate a family day care home at the subject property.

(2)

That the applicant comply with the conditions contained in section 62-274 relating to uses proposed on property abutting or containing a water body, if applicable.

(Ord. No. 98-03, 11-10-98)

(a)

As used in this section, "home occupations" means businesses or occupations conducted for limited business activities and as an accessory use of a principal residential use. These business activities shall only involve the use of the home as a location for a business telephone, an address for business correspondence, or a storage place for business records. Manufacturing, assembly or construction which disturbs, disrupts, or adversely affects the residential character of the neighborhood shall not be permitted as a home occupation use.

(b)

Notwithstanding any other provision of this Code to the contrary, home occupations shall be allowed in any zoning district if permitted in compliance with the requirements of this section.

(c)

In conducting a home occupation, the applicant shall comply with the following criteria:

(1)

Only members of the family residing on the premises may be engaged in the home occupation.

(2)

The home occupation use shall be clearly incidental and subordinate to the principal residential use of the home, and shall not change the essential residential character of the property. The square footage devoted to the home occupation shall not exceed 20 percent of the home's floor area, including the dwelling unit, any garage and any accessory structure.

(3)

The home occupation shall not result in any change to the exterior appearance of the property, and shall not involve any outside storage.

(4)

The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference or other impacts beyond those that would customarily occur in the applicable zoning district.

(5)

No equipment shall be used except that which is of a quantity and configuration normally used to conduct the permitted home occupation.

(6)

The home shall not be used to receive inventory, clients, customers or pedestrian or vehicular traffic of any kind related to the home occupation, excepting normal residential mail and package delivery services.

(d)

An application form for a home occupation license shall be available from the local business tax department. A properly completed application form, shall be submitted to the local business tax department for review and approval, containing at least the following information:

(1)

The name and address of the applicant.

(2)

The name and address of the homeowner, if different from the applicant.

(3)

The legal description of the property where the home occupation is to be conducted.

(4)

The nature and type of business to be conducted.

(e)

In reviewing an application for and issuing a home occupation license, the director of the community development department (or his or her designee) may prescribe appropriate conditions and safeguards for the protection of the public interest and to ensure the harmony of the home occupation use with the requirements of this section. If a licensee fails to meet such permit conditions, the home occupation permit may result in the revocation pursuant to section 54-121 of the City of Florida City Code of Ordinances.

(Ord. No. 14-02, § 2, 4-8-14)

All proposed development and redevelopment projects in Florida City must be in compliance with the conditions and requirements listed below.

(1)

A minimum 15-foot-wide landscape buffer is required along any property line fronting on a public road except for individual single-family lots. Structures and recreational facilities are not permitted within the landscape buffer.

(2)

All residential development, except single family homes, must provide a minimum 7.5-foot-wide landscape strip in front of all buildings, and varying building façade, fenestration and setbacks to break up the potential visual monotony of long rows of units and building fronts along a straight drive aisle or street.

(3)

Parking space configurations that permit vehicles to back directly onto a public road are prohibited in duplex, townhouse, multi-family, commercial and industrial developments, unless site size constraints make development of the parcel infeasible under the applicable zoning district in the opinion of the city planner.

(4)

All commercial and industrial projects must provide a paved and marked cross-access driveway for vehicles, a minimum of 20 feet in width, from the project parking lot to an abutting commercial or industrial property as required by the city planner.

(5)

All vehicle parking areas must be paved with required lighting, designated pedestrian walkways, drainage and landscaping.

(6)

Parking lots must include landscape islands, strips and/or bulb-outs, a minimum of eight feet wide, every seven spaces or less.

(7)

Marked handicap/disabled walkways in parking lots must connect via a ramp to grade-separated pedestrian walkways and sidewalks adjacent to buildings and roads.

(8)

Pedestrian walkways must be provided from nonresidential projects to adjacent public sidewalks.

(9)

A hedge material, like cocoplum, in combination with other landscaping must be installed along any parking lot boundary fronting on a public road to shield the view of parked vehicles from the road.

(10)

Chain link and barbed wire fencing visible from adjacent roads is discouraged but, if absolutely necessary due to unavoidable circumstances, must have green-vinyl coating and be visually-obscured within a landscape buffer strip.

(11)

Public sidewalks, a minimum of five feet in width, must be installed by the developer, free-of-charge to the city, along all property lines fronting on a public road. This requirement may extend to an adjacent private road right-of-way with owner approval.

(12)

Residential projects must provide a minimum of one-half acre of park land, centrally-located on site, for every 100 dwelling units planned, or portion thereof, or pay a fee-in-lieu-of-land to the city equal to the market value of the total required park land acreage and recreational facilities, subject to city planner approval. If a lake is planned in the development, up to one-half of the lake area may be counted toward the park land standard, subject to the discretion of the city planner, provided active and passive recreation facilities are planned around the lake.

(13)

Outdoor storage, including motorized machinery and vehicles, must be parked on a paved surface with an approved drainage system and landscape buffers.

(14)

Florida-friendly, drought-tolerant ground covers suitable for the south Miami-Dade County environment must be used in landscape buffers, and in and around parking fields to the maximum extent possible, instead of sod.

(15)

Pervious open space, pursuant to City Code, must be provided on all site plans as landscaped green space, exclusive of water bodies. Pervious surface materials can be used in unique situations on small sites, less than two acres in size, for up to 25 percent of the pervious open space requirement, subject to city planner approval.

(16)

Landscape plans must contain a note stating all landscaping will be supported by a fully-operational automatic irrigation system.

(17)

Landscape plans must contain a note stating any dying or dead landscaping will be replaced by the owner with the same or similar specie within 60 days of problem identification.

(18)

All residential site plans must include a note stating that aerial street-lighting, approved by the city, will be installed at the building entrance and on any internal street prior to issuance of the first certificate of occupancy on that street or drive aisle.

(19)

Site plan must contain a note specifying the type of building construction. Manufactured buildings are not allowed in any commercial zoning district.

(20)

Site plan must show the width of all existing road rights-of-way adjacent to the development site and any proposed right-of-way dedications.

(21)

All commercial and residential buildings shall incorporate design and aesthetic features consistent with either the Key West/Bahamian, Mediterranean Revival or Neo-Classical styles of architecture, and the site plan must depict and describe the primary features of the proposed style.

(22)

All commercial and industrial buildings must incorporate a front overhang and grade-separated walkway at least eight feet in depth.

(23)

Trees planted near public sidewalks and streets must have a root system that will not adversely impact the adjacent pavement and/or other nearby underground facilities.

(24)

For projects with 40 units or more, sidewalks must be placed in front of all townhouse, condominium and apartment buildings, and be inter-connected across internal streets and intersections throughout the development.

(25)

All landscape plans must be accompanied by a certification from a Florida-licensed Landscape Architect that the plan is in compliance with the requirements of the Miami-Dade County Landscape Code (chapter 18A).

(26)

In townhouse projects, the required visitor parking space standard may be reduced in order to increase the amount of pervious open space on-site, subject to city planner approval.

(27)

Townhouse buildings cannot contain more than eight units.

(28)

All site plans must address garbage storage and collection by the either the provision of commercial dumpsters or individual unit containers. Dumpster location(s) or individual unit container pick-up locations must be shown on the site plan and cannot block vehicle travel lanes, parking spaces or pedestrian walkways. The provision of adequate dumpster capacity must be documented on the plans.

(29)

Parking for all site plans shall be in compliance with the Miami-Dade County Code article VII, off-street parking. A minimum regular parking space size of 18 feet by eight and one-half feet may be utilized in all site plans, subject to approval of the city planner.

(Ord. No. 18-11, § 2, 11-27-18; Ord. No. 20-07, § 2, 1-12-21)

(a)

Purpose and intent. The purpose and intent of this section addressing "qualifying developments," authorized by the State Live Local Act, is to ensure these types of development projects are in compliance with the city's comprehensive development master plan and Code of Ordinances, to the extent permitted by state law.

(b)

Application. This section applies only to a "qualifying development" as defined in the State Live Local Act (2023).

(c)

Affordability. The residential component of a "qualifying development" must be comprised of only multifamily rental units with at least 40 percent of the units rented at an affordable level, as defined in F.S. § 420.0004, for a minimum period of 30 years. The owner of a property with an approved and constructed qualifying development must provide a CPA-certified report every year on October 1 to the city's community development department documenting that at least 40 percent of the units are rented at an affordable level pursuant to F.S. § 420.0004. There will be $50,000.00 per month penalty, as adjusted annually pursuant to a government-certified inflation rate from the date of the adoption of this section, for any month in which the 40 percent threshold is not met or exceeded.

(d)

Maximum density: 20 units/acre.

(e)

Uses permitted: Multifamily residential rental units, residential rental accessory uses and uses permitted by the underlying commercial and industrial zoning district.

(f)

Minimum lot area: 15,000 square feet.

(g)

Minimum lot width: 100 feet.

(h)

Minimum building setbacks:

(1)

Front: 25 feet.

(2)

Rear: 25 feet.

(3)

Interior side: 15 feet.

(4)

Corner side: 25 feet.

(5)

Between structures: 30 feet.

(i)

Maximum building height: Four stories or 47 feet.

(j)

Minimum pervious open space: 40 percent.

(k)

Minimum floor area:

(1)

Efficiency: 500 square feet

(2)

One-bedroom: 650 square feet

(3)

Two-bedroom or higher: 850 square feet.

(l)

Variances. Any variance to the zoning code contained in a qualifying development site plan, not including variances to building height, project density or parcel zoning, must be approved by the city commission at a public hearing.

(m)

Administrative review. Qualifying development site plans are subject to administrative review by the city planner and city engineer, and must receive final approval plan approval from the city manager/mayor, provided all applicable variances have been approved by the city commission.

(Ord. No. 24-04, § 2, 9-10-24)

The area of the premises used for any purpose is termed a lot. Lot widths shall be measured at the front building line. Unless otherwise approved by the planning and zoning board in writing, the narrowest width of the lot shall be considered the front. Lots shall have at least the minimum areas specified in article III of this chapter. All lot lines shall be marked with stakes set by a registered surveyor at the time construction is started.

(Ord. No. 87-8, § 14(C), 7-14-87)

Trees shall be provided for new construction in all districts at a minimum ratio of 20 trees per gross acre of land being developed. The plant material is recommended to be comprised of species included on the "native plant species list" published by the county planning department. All trees installed must be a minimum of five feet in height, as measured from the surface of the ground to the top of the tree at the time of planting.

(Ord. No. 90-09, art. IV, § 14.1, 11-27-90)

The city commission has recognized the need and desirability to encourage the development of affordable housing in the city for low and moderate income families. Accordingly, incentives to aid in the development of affordable housing will be considered as a part of the public hearing process where the construction of affordable housing is involved. Such incentives may include variances to allow smaller lot sizes, smaller minimum floor areas, and higher density residential development than set forth in the residential zoning districts.

(Ord. No. 90-09, art. V, § 14.2, 11-27-90)

(a)

The following officially zoned and planned right-of-way widths are adopted:

Krome Avenue. Krome Avenue is 125 feet wide, measured 62.5 feet on each side of the right-of-way centerline.

West Palm Road (Palm Drive). West Palm Road (Palm Drive) is 100 feet wide, measured 50 feet on each side of the right-of-way centerline.

(b)

For all rights-of-way located at section lines, 80 feet, measured 40 feet on each side of the right-of-way centerline, shall be the minimum width required. This applies, but is not necessarily limited to, Redland Road and Lucy Street.

(c)

For all rights-of-way located at half-section lines (also known as quarter-section lines), 70 feet, measured 35 feet on each side of the right-of-way centerline, shall be the minimum width required. This applies, but is not necessarily limited to, Arthur Vining Davis Parkway (N.W. 7th Street) and Northwest and Southwest 6th Avenue.

(d)

All other streets, avenues, and rights-of-way, except alleys will have a minimum official right-of-way width of 50 feet, measured 25 feet on each side of the right-of-way centerline.

(e)

The requirements of this section will not apply in those cases where an existing dedicated right-of-way has been established in excess of the minimum widths provided herein.

(Ord. No. 86-2, 4-22-86)

Requirements for off-street parking shall be in conformance with article VII of chapter 33, Metropolitan Dade County Code, entitled "Off-Street Parking," as said article may be amended from time to time. All regular parking spaces must be a minimum of nine feet wide by 19 feet long.

(Ord. No. 90-09, art. VI, 11-27-90)