(a)

In order to classify, regulate and restrict the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the intensity of land use, the city is hereby divided into classes of districts to be known as follows:

A-1 district—One family, one acre estates

A-2 district—One family, one-half acre estates

R-1 district—One family, single

R-2 district—Duplex

R-TH district—Townhouses

R-CH district—Cluster homes

R-3 district—Multiple apartments

R-4 district—Hotel, motel, clinics, guest homes, sanitariums, hospitals, rooming houses and boarding houses

B-1A district—Professional business

B-1 district—Retail commercial business (restricted)

B-2 district—Retail commercial business

B-3 district—Liberal business

I-1 district—Light industry

I-2 district—Medium industry

I-3 district—Heavy industry

P district—Parking

G district—General use

GP district—Government property

AU district—Agricultural

(b)

This section does not rezone any land, but the zoning classifications of all land in the city as it exists at the time of the adoption of the ordinance from which this section was derived is hereby ratified and confirmed.

(Ord. No. 73-10-46, § IV, 12-18-73)

In the erection of the respective districts, the city council has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied, and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the city.

(Ord. No. 73-10-46, § IV, 12-18-73)

(a)

The zoning districts and boundaries are shown upon the map adopted by reference and made a part hereof which is on file in the building and zoning department office. The map and all the notations, references and other information shown thereon shall be as much a part of this chapter as if such information set forth on such map were all fully described and set out herein.

(b)

The boundaries of the districts shown upon the map adopted by this section or amendments thereto are hereby adopted and approved and the regulations of this chapter governing the use of land and buildings, the height of buildings and other matters are hereinafter set forth, and are hereby established and declared to be in effect upon all the land included within the boundaries of each and every district shown upon the map.

(Ord. No. 73-10-46, § IV, 12-18-73)

Where uncertainty exists as to boundaries of any district shown on the zoning map, the following rules shall apply:

(1)

Where such district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries from the centerline of any right-of-way;

(2)

In unsubdivided property or where a district boundary divides a lot, the location of such boundary unless the same is indicated by dimensions shall be determined by use of the scale appearing on the map;

(3)

In case any further uncertainty exists, the city council shall interpret the intent of the map as to location of such boundaries;

(4)

Where any public street, alley or other public way is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street, alley, or other public way added thereto by virtue of each vacation or abandonment.

(Ord. No. 73-10-46, § IV, 12-18-73)

(a)

In the core area, the front and rear setback requirements set forth by this chapter on those properties shall be waived to the extent that there shall be provided an additional twenty (20) feet across the front of the property and twenty (20) feet across the rear of the property to be used for construction of improvements, regardless of the setback requirements as set forth in this chapter. Parking, open space and landscaping requirements may be waived or modified, upon approval of the architectural review board. Prohibitions against use of sidewalks may be waived when recommended by the architectural review board and approved by the city council.

(b)

In the "fringe area," regardless of the front area setback requirements on the property, there shall be available for use an additional twenty (20) feet across the front of properties fronting on Krome Avenue and Mowry Street and properties of all of the "fringe area" lying East of Krome Avenue. The property owner shall have the choice of either retaining the current business zoning or requesting an enhanced multi-family zoning of either R-3 or R-4. If multi-family use is requested, the properties in the "fringe area" shall be allowed a density of twenty (20) units per acre, regardless of the cap of fifteen (15) units per acre as set forth in this chapter and any other ordinances of the city governing density within the city limits.

(c)

Awning and canopies located over public property or right-of-way shall comply with the following:

(1)

All awnings and/or canopies may be supported from the building or with support existing from the ground of surface level.

(2)

All permits for the awnings as set forth above shall be subject to administrative approval.

(3)

Prior to the issuance of the permits as set forth above, the applicant shall give to the City of Homestead, and other pertinent governmental agencies a release of liability and indemnification for any injury caused as a result of the construction for which the permit was issued.

(Ord. No. 85-08-68, § 1, 9-3-85; Ord. No. 87-03-19, § 1, 3-16-87; Ord. No. 93-04-41, § 1, 5-3-93)

(a)

In accordance with F.S. § 381.986, it is hereby expressly provided that medical marijuana dispensaries are prohibited within the city in each and every zoning district.

(Ord. No. 2018-09-18, § 3, 9-26-18)

Editor's note— Ord. No. 2018-09-18, § 3, adopted September 26, 2018, set out provisions intended for use as § 30-70. Since said section already exists these provisions have been included as § 30-71 at the editor's discretion.

No building or land in the A-1 one family, one acre estate district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for use as a one family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with room and bath but no kitchen to be used as servant's quarters only. The addition of an additional sink or stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this chapter has been violated.

(Ord. No. 73-10-46, § VI, 12-18-73)

The following additional uses shall be permitted in the A-1 one family, one acre estate district subject to setbacks, yard, height and other restrictions as follows:

(1)

Accessory buildings and uses incidental to each single family residence when placed on the same lot or parcel of land and not used or operated commercially or for industry. Such accessory building shall not be larger than five (5) percent of remaining net land area.

(2)

Flower and vegetable gardens and groves provided no signs, displays or stands are used in conjunction therewith and not operated commercially;

(3)

Community residential homes, type 1, subject to the standards of section 30-475; and

(4)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land or building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(Ord. No. 73-10-46, § VI, 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 92-06-40, §§ 1, 2 7-20-92; Ord. No. 2009-03-09, § 4, 3-16-09)

The following regulations shall be applicable in the A-1 one family, one acre estate district:

(1)

Building site area requirements. The minimum building site area shall be one (1) acre in area for each single family residence excluding right-of-way.

(2)

Front yard requirements. The front yard depth shall not be less than fifty (50) feet.

(3)

Side yard requirements. The width of each side yard shall be not less than ten (10) percent of the average width of the tract.

(4)

Rear yard requirements. Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet to the rear lot line. Where a secondary building is located in the rear yard, there shall be a minimum of ten (10) feet from the rear of the principal building to the front of the secondary building, and a minimum of ten (10) feet from the secondary building to the rear lot line. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(5)

Floor area requirements. The minimum living area shall be fifteen hundred (1500) square feet and shall not be considered to be garages, storage rooms or porches and patios.

(6)

Fences. Fence restrictions shall be as provided in section 30-486 et seq.

(7)

Landscaping. Landscaping shall be as required in the applicable provisions of chapter 29.

(8)

Parking. Parking shall be as required in section 30-431 et seq.

(9)

Sidewalks. Sidewalks shall be as required in section 24-41 et seq.

(10)

Signs. Signs shall be as provided in section 23-41 et seq.

(11)

Maximum lot coverage. Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed fifty (50) percent of the lot area.

(12)

Building height limitations. The maximum building height shall be three (3) stories or thirty-five (35) feet.

(Ord. No. 73-10-46, § VI, 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84; Ord. No. 89-03-18, §§ 1, 2, 3-20-89; Ord. No. 90-11-86, Pt. 3, 12-3-90)

Editor's note— Pursuant to instructions of the city and the adoption of Ord. No. 89-03-18, enacted March 20, 1989, § 30-83 has been amended by the addition of subsection (12) relative to building height limitations.

No building or land in the A-2 one family, one-half acre estate district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for except for use as a one (1) family residence, including every customary or accessory use not inconsistent therewith; including a private garage with room and bath, but no kitchen, to be used as servant's quarters only. The addition of an additional sink or stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this chapter has been violated.

(Ord. No. 73-10-46, § VII, 12-18-73)

The following uses shall be permitted in the A-2 one family, one-half acre estate district subject to setbacks, yard, height and other restrictions as follows:

(1)

Accessory buildings and uses incidental to each single family residence when placed on the same lot or parcel of land and not used or operated commercially or for industry; such accessory buildings shall not be larger than five (5) percent of the remaining net land area.

(2)

Flower and vegetable gardens, groves; provided no signs, displays or stands are used in conjunction therewith and not operated commercially;

(3)

Community residential homes, type 1, subject to the standards of section 30-475; and

(4)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land or building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(Ord. No. 73-10-46, § VII, 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 92-06-40, §§ 1, 2 7-20-92; Ord. No. 2009-03-09, § 5, 3-16-09)

The following regulations shall be applicable in the A-2 one family, one-half acre estate district:

(1)

Building site area requirements. The minimum building site area shall be one-half acre in area for each single family residence.

(2)

Front yard requirements. The front yard depth shall not be less than fifty (50) feet.

(3)

Side yard requirements. The width of each side yard shall be not less then ten (10) percent of the average width of the tract.

(4)

Rear yard requirements. Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet to the rear lot line. Where a secondary building is located in the rear yard, there shall be a minimum of ten (10) feet from the rear of the principal building to the front of the secondary building and a minimum of ten (10) feet from the secondary building to the rear lot line. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(5)

Floor area requirements. The minimum floor area shall be fifteen hundred (1500) square feet.

(6)

Fences. Fence restrictions shall be as provided in section 30-486 et seq.

(7)

Landscaping. Landscaping shall be as required in the applicable provisions of chapter 29.

(8)

Parking. Parking shall be as required in section 30-431 et seq.

(9)

Sidewalks. Sidewalks shall be as required in section 24-41 et seq.

(10)

Signs. Signs shall be as provided in section 23-41 et seq.

(11)

Building height limitations. The maximum building height shall be three (3) stories or thirty-five (35) feet.

(12)

Maximum lot coverage. Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed fifty (50) percent of the lot area.

(Ord. No. 73-10-46, § VII, 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84; Ord. No. 89-03-18, §§ 1, 2, 3-20-89; Ord. No. 90-11-86, Pt. 3, 12-3-90)

Editor's note— Pursuant to instructions of the city and the adoption of Ord. No. 89-03-18, enacted Mar. 20, 1989, § 30-98 has been amended by the addition of subsection (11) relative to building height limitations.

No building or land in the R-1 district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for use as a one (1) family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with a room and bath, but no kitchen, to be used as servant's quarters only. The addition of an additional sink or stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this chapter has been violated.

(Ord. No. 73-10-46, § VIII, 12-18-73)

The following additional uses shall be permitted in the R-1 one family district, subject to setbacks, yard, height and other restrictions, as follows:

(1)

Accessory buildings and uses incidental to each single family residence when placed on the same lot or parcel of land and not used or operated commercially or for industry. Such accessory buildings shall not be larger than five (5) percent of the remaining net land area.

(2)

Accredited private schools and public schools owned by federal, state, county or city governments, church schools. This section shall not be construed to permit the construction or operation of church buildings or other places of worship;

(3)

Playgrounds, parks or reservations owned and operated by the city;

(4)

Flower and vegetable gardens and groves, provided no signs, displays or stands are used in conjunction therewith and not operated commercially;

(5)

Community residential homes, type 1, subject to the standards of section 30-475; and

(6)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land or building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(Ord. No. 73-10-46, § VIII, 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 92-06-40, §§ 1, 2 7-20-92; Ord. No. 2009-03-09, § 6, 3-16-09)

Every building erected in an R-1 district shall be located on one (1) or more lots and in no case shall there be more than one (1) main building and the customary accessory buildings on one (1) lot.

(Ord. No. 73-10-46, § V(4), 17-18-73)

The following regulations shall apply in the R-1 one family district:

(1)

Building site area requirements. The minimum building site area shall be one (1) lot or parcel of land seven thousand five hundred (7,500) square feet in area for each single family residence. Such parcels or lots shall have an average width of at least sixty (60) feet.

(2)

Building height limitations. The maximum building height shall be three (3) stories or thirty-five (35) feet.

(3)

Front yard requirements. The front yard depth shall be not less than twenty-five (25) feet measured from the front lot line (see section 30-1) unless the front building line is already established in the block at a lesser distance by two (2) or more existing residences. If so, the minimum front yard requirement shall be twenty (20) feet. If the front building line is already established in the block at a greater distance than the twenty-five (25) feet, then all future residences shall conform to such greater distance.

(4)

Side yard requirements. The width of each side yard shall not be less than ten (10) percent of the average width of the lot, minimum five (5) feet zero (0) inches. Corner setbacks shall be minimum fifteen (15) feet zero (0) inches.

(5)

Rear yard requirements. Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet measured from the rear lot line (see section 30-1). Where a secondary building is located in the rear yard a minimum of ten (10) feet shall separate the rear of the principal building from the front of the secondary building. A minimum of five (5) feet shall separate the rear of the secondary building from the rear lot line. There shall be a six (6) foot minimum setback from the rear lot line for a solid roof screened patio with three (3) open sides.

(6)

Unit size. Where applicable, development within the R-1 zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(7)

Fences. Fence restrictions shall be as provided in section 30-486 et seq.

(8)

Landscaping. Landscaping shall be as required in the applicable provisions of chapter 29.

(9)

Parking. Parking shall be as required in section 30-431 et seq.

(10)

Sidewalks. Sidewalks shall be as required in section 24-41 et seq.

(11)

Signs. Signs shall be as provided in section 23-41 et seq.

(12)

Maximum lot coverage. Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed fifty-five (55) percent of the lot area.

(Ord. No. 73-10-46, § VIII, 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84; Ord. No. 88-12-89, § 1, 1-3-89; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2003-06-24, § 6, 6-23-03; Ord. No. 2004-02-09, § 5, 3-15-04)

No building or land in the R-2 district shall be used, and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose other than one (1) or more of the following uses:

(1)

Any use permitted in the R-1 district;

(2)

Community residential homes, type 1, subject to the standards of section 30-475; and

(3)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land or building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(4)

R-TH townhouse use, applying the development standards of the R-TH district in division 6 of this article, with the following modifications:

a.

Minimum building site area = Thirty-six hundred (3600) square feet;

b.

Minimum width of dwelling unit = Twenty (20) feet;

c.

Minimum front yard = Twenty (20) feet, or ten (10) feet if parking is in the rear; and

d.

Minimum side yard = Zero on the side attached to another R-TH unit; five (5) feet for a structure containing four (4) or fewer R-TH units; ten (10) feet for a structure containing more than four (4) R-TH units.

e.

No public hearing before the city council shall be required if adjacent properties across street and on either side of the subject R-3 property are zoned R-1, R-2 or R-3.

(Ord. No. 73-10-46, § IX, 12-18-73; Ord. No. 90-11-86; Pt. 3, 12-3-90; Ord. No. 92-06-40, §§ 1, 2 7-20-92; Ord. No. 2003-06-24, § 7, 6-23-03; Ord. No. 2009-03-09, § 7, 3-16-09; Ord. No. 2022-04-08, § 2, 4-27-22)

The following regulations shall apply in the R-2 district:

(1)

Building site area requirements. Where applicable, R-1 development within the R-2 zoning district shall comply with the requirements set forth in section 30-114 of the Code.

(2)

Building height limitations. The maximum building height shall be three (3) stories or thirty-five (35) feet.

(3)

Front yard requirements. The front yard depth shall be not less than twenty-five (25) feet from the front lot line (see section 30-1), unless the front building line is already established in the block at a lesser distance by two (2) or more existing residences . If so, the minimum front yard requirement shall be twenty (20) feet. If the front building line is already established in the block at a greater distance than the twenty-five (25) feet, then all future residences shall conform to such greater distance.

(4)

Side yard requirements. The width of each side yard shall not be less than ten (10) percent of the average width of the lot, minimum five (5) feet zero (0) inches. Corner setbacks shall be minimum fifteen (15) feet zero (0) inches.

(5)

Rear yard requirements. Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet measured from the rear lot line (see section 30-1). Where a secondary building is located in the rear yard a minimum of ten (10) feet shall separate from the rear of the principal building from the front of the secondary building. A minimum of five (5) feet shall separate the rear of the secondary building from the rear lot line. There shall be a six (6) foot minimum setback from the rear lot line for a solid roof screened patio with three (3) open sides.

(6)

Unit size. Where applicable, development within the R-2 zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(7)

Fences. Fence restrictions shall be as provided in section 30-486 et seq.

(8)

Landscaping. Landscaping shall be as required in the applicable provisions of chapter 29.

(9)

Parking. There shall be provided accessible parking spaces on the lot, either garages or hard paved areas adequate to accommodate two (2) cars for every dwelling unit provided in the building or buildings. No parking shall be permitted on front yard setback. Any dwelling under this zoning that is located upon a corner lot at the intersection of two (2) public right-of-ways shall not allow parking on either the front setback or the side setback adjacent to the public right-of-way of the corner lot upon which the multiple dwelling is situated, and any parking on the front or side setback shall be a violation of this chapter.

(10)

Sidewalks. Sidewalks shall be as required in section 24-41 et seq.

(11)

Signs. Signs shall be as provided in section 23-41 et seq.

(12)

Maximum lot coverage. Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed fifty-five (55) percent of the lot area.

(13)

Roof pitch. Roofs with at least a 3:12 pitch are required.

(14)

Details. Buildings shall be designed with enriching details such as shutters, louvers, cupolas, dormers, multiple roof planes, broad overhangs, cast stone sills and/or stucco sills, cast stone and/or stucco window banding, cast stone and/or stucco door moldings, graduated rustication, molding at eaves, quoins, awnings, cast stone and/or concrete caps and moldings on garden walls. The combination and location of such building details shall be subject to the approval of the department of development services.

(Ord. No. 73-10-46, § IX, 12-18-73; Ord. No. 74-03-13, § 1, 4-1-74; Ord. No. 74-04-16, § 1, 5-20-74; Ord. No. 74-11-64, § 1, 12-23-74; Ord. No. 84-12-101, § 1, 12-17-84; Ord. No. 88-12-89, § 1, 1-3-89; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2003-06-24, § 7, 6-23-03)

Cross reference— Off-street parking regulations, § 30-431 et seq.

As used in this division, a townhouse is a one (1) family dwelling unit of a group of units separated by a masonry wall of not less than eight (8) inches thick. This wall must conform to fire prevention criteria of the South Florida Building Code. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another.

(Ord. No. 73-10-46, § X, 12-18-73)

Cross reference— Definitions and rules of construction generally, § 1-2.

Townhouse developments consisting of six (6) or more lots are subject to approval after a public hearing before the city council and shall be subject to the development standards and restrictions established in this division.

(Ord. No. 73-10-46, § X, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

As part of the supplementary data required to complete an application for a public hearing before the city council for a townhouse development, a plat or site plan of the proposed townhouse development, shall include a typical tentative plan showing front elevations of the proposed townhouses, prepared by an architect, with an architectural seal, which shall be submitted as part of such application and, if the application is approved, the townhouse development shall be in accordance with such plan.

(b)

A plot or site plan shall include, which shall not be limited to, location of buildings in relation to property and property lines, off-street parking spaces or bays, patios and service areas, including garbage disposal areas, landscaping, walls, public and private streets, driveways, all common facilities, open space and walkways, and utilities showing the same underground where such is required. In addition, typical lot size, square footage of each townhouse shall be included as data on such plans.

(c)

If after approval of the plan a substantial change therein is desired, application may be filed as a special exception with the city council to modify or change such plan, all in accordance with this division and all other applicable provisions of this chapter.

(Ord. No. 73-10-46, § X(q), 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

Upon proper application to the local planning agency, a public hearing on the rezoning of property concerning a proposed townhouse zoning district designation shall be held in accordance with the rules and regulations of the local planning agency and the local planning agency shall make a recommendation to the city council. Such recommendation is not binding on the city council. Such recommendation may either be approved or rejected by the city council. Based upon information before it, the city council may reach their own decision as to the final approval or denial of the rezoning application requesting a proposed townhouse zoning district designation.

(Ord. No. 73-10-46, § X, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

In approving or denying a proposed townhouse development plan and/or townhouse zoning, the local planning agency and city council shall give due consideration to the proposed townhouse development plan and/or townhouse zoning application(s) and its compatibility with the existing development in the area and determine whether the proposed townhouse development and/or use would generate excessive noise or traffic, tend to create a fire hazard or provoke excessive, overcrowded or concentrated areas of persons or population. In approving a proposed townhouse development plan(s), the city council may vary, amend, or modify such development plan(s) in order to preserve the health, safety, welfare and morals and convenience of the neighborhood, the surrounding area and the city.

(Ord. No. 73-10-46, § X, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

Each townhouse unit shall be erected on its own individually platted lot. If areas for common use of occupants of a townhouse development are to be provided, these areas and developments are to be shown on the plat and shall not be approved until satisfactory arrangements are made for maintenance.

(Ord. No. 73-10-46, § X(v), 12-18-73)

The standards established in this division may be modified by approval after a public hearing before the city council in accordance with existing law where such variations when incorporated into a site plan illustrate that the purpose and intent of any modifications will be met by the overall development.

(Ord. No. 73-10-46, § X(r), 12-18-73; Ord. No. 2003-06-23, § 22, 6-23-03; Ord. No. 2022-04-08, § 2, 4-27-22)

A grouping of townhouses shall not exceed two hundred (200) feet in length. Each grouping shall include at least four (4) townhouse units.

(Ord. No. 73-10-46, § X(a), 12-18-73; Ord. No. 2004-02-09, § 6, 3-15-04)

Where applicable, development within the R-TH district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(Ord. No. 73-10-46, § X(b), 12-18-73; Ord. No. 2003-06-24, § 8, 6-23-03)

The minimum size of the site to be developed for townhouses shall be five (5) acres.

(Ord. No. 73-10-46, § X(d), 12-18-73)

A maximum height for any townhouse shall be thirty-five (35) feet.

(Ord. No. 73-10-46, § X(c), 12-18-73)

The minimum width of a townhouse shall not be less than twenty-five (25) feet.

(Ord. No. 73-10-46, § X(e), 12-18-73)

No townhouse lot shall contain an area of less than two thousand (2,000) square feet. Each unit shall have its foundation on its individual site or one (1) group foundation with separate footing for each townhouse.

(Ord. No. 73-10-46,:s; X(f), 12-18-73; Ord. No. 2004-02-09, § 6, 3-15-04)

The minimum front building setback shall be twenty-five (25) feet.

(Ord. No. 73-10-46, § X(g), 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90)

The minimum rear yard building setback shall be twenty (20) feet, except where rear yard parking is allowed. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(Ord. No. 73-10-46, § X(h), 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84)

A minimum side yard requirement of ten (10) feet shall be provided between the end of a group of townhouses and exterior side lot line. If the end of a group of townhouses faces a public or private street, a minimum side yard requirement shall be ten (10) feet, to the side lot line. A spacing of not less than twenty (20) feet shall be provided between any such group of townhouses, and an additional ten (10) feet shall be required if a driveway is provided between such groups. Such separation between such groups shall be uncumbered with walls, or other structures or other obstructions which would prevent emergency vehicular access between such groups.

(Ord. No. 73-10-46, § X(i), 12-18-73)

Each townhouse site must have a clear, direct frontage to public streets or to accessways. All sidewalks and streets must comply with applicable ordinances and laws.

(Ord. No. 73-10-46, § X(j), 12-18-73)

(a)

Each townhouse shall be independently served by separate heating, air conditioning, sewer, water, electrical power, gas, or other facilities and utilities services, wherever such utilities and services are provided.

(b)

No townhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements.

(c)

All townhouses must be connected to public or private water systems and sewer lines, and all electrical and telephone lines in a townhouse development site shall be placed underground.

(d)

Proper and adequate access for firefighting and access to service areas to provide garbage and waste collection and for other necessary services shall be provided.

(e)

Waste collection shall be the responsibility of each townhouse, and each townhouse shall provide adequate containers for collection.

(Ord. No. 73-10-46, § X(k), 12-18-73)

(a)

Attached storage area and garage. All units shall provide attached storage areas and attached garages. Each garage shall provide a clear interior parking area as follows:

One (1) car = (12 feet × 20 feet)

Two (2) cars = (20 feet × 20 feet)

Three (3) cars = (30 feet × 20 feet)

Each unit shall provide an attached storage area that is at least forty (40) square feet, accessible from the exterior.

(b)

Parking. The minimum off street parking requirements shall be as follows:

1—2 bedrooms = 2 parking spaces

3—4 bedrooms = 3 parking spaces

5+ bedrooms = 4 parking spaces

Such parking spaces may be provided for by any of the following that is consistent with urban design standards and promotes the quality and compatibility of the proposed development:

Attached parking;

Driveways;

Parking pads;

Parallel parking on interior roadways; and

Covered parking.

(Ord. No. 73-10-46, § X(l), (m), 12-18-73; Ord. No. 74-03-13, § 1, 4-1-74; Ord. No. 74-11-64, § 1, 12-23-74; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2004-10-41, § 5, 10-18-04; Ord. No. 2006-05-24, § 2, 5-15-06)

Cross reference— Off-street parking requirements, § 30-431 et seq.

All patio, outdoor living areas on each townhouse site shall be enclosed by a wall affording complete screening except in cases where a natural feature of the site would suggest a special modification, which shall be determined by the director after a review of the site plan for the development. Such wall shall be of masonry, wood, or other material having a life expectancy of not less than ten (10) years, and the minimum height of such wall shall be five (5) feet. Such walled-in patio areas may include a screen roof.

(Ord. No. 73-10-46, § X(n), 12-18-73; Ord. No. 2003-06-23, § 22, 6-23-03)

There shall be provided with each townhouse unit at least one hundred fifty (150) square feet of patio or terrace living area exclusive of parking and entryway areas. (However, a front patio or terrace of at least fifty (50) square feet may be counted towards this requirement).

Townhouses of two (2) or more stories shall have a minimum of eighty (80) square feet of balcony area, with a minimum depth of four (4) feet.

(Ord. No. 73-10-46, § X(o), 12-18-73; Ord. No. 2004-10-41, § 5, 10-18-04)

Accessory storage buildings may be required to be installed by the developer on the site of each townhouse dwelling unit within new townhouse developments if the unit does not have an attached garage. Such accessory storage buildings shall be depicted on the site plan for the project. Accessory storage buildings shall have a minimum floor area of eighty (80) square feet and a maximum height which is at least six (6) inches below the height of the required wall. Such buildings shall be confined to the walled area of the sites containing the townhouse; be constructed in the same manner and utilize similar architectural design elements and materials as the townhouse it is intended to serve. If accessory storage buildings are attached to the principal building on the site, they shall comply with the setback requirements applicable to the principal buildings and provide exterior access. Detached storage buildings shall be setback at least five (5) feet from side and rear lot lines and at least ten (10) feet from the principal building.

Accessory storage buildings may be installed on sites developed prior November 1, 1990, subject to compliance with all of the standards of this section except, however, said accessory storage buildings to be placed on sites developed prior to November 1, 1990 shall be exempt from the minimum floor area eighty (80) square feet.

(Ord. No. 73-10-46, § X(p), 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 91-02-15, § 1, 2-18-91; Ord. No. 2004-10-41, § 5, 10-18-04)

Editor's note— Ord. No. 2004-10-41, § 5, adopted Oct. 18, 2004, deleted § 30-162.1 in its entirety. Former § 30-162.1 pertained to accessory building exceptions and derived from Ord. No. 91-01-07, § 1, adopted Jan. 22, 1991.

Townhouse developments shall meet all fire safety requirements.

(Ord. No. 73-10-46, § X(s), 12-18-73)

(a)

Provisions satisfactory to the city as set forth in chapter 25, article V shall be made to ensure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayers of the city.

(b)—(e)

Reserved.

(Ord. No. 73-10-46, § X(t), 12-18-73; Ord. No. 2004-02-09, § 6, 3-15-04)

Notwithstanding anything to the contrary in this division, no obstruction to visibility at street intersections, common or public, shall be permitted, and such visibility clearances shall be as required by the department of public works or other city ordinances.

(Ord. No. 73-10-46, § X(u), 12-18-73)

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed sixty-five (65) percent of the total site area contained in a townhouse development.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

No building or land in the R-TH district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for use as a one (1) family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with room and bath, but no kitchen, to be used as servant's quarters only. The addition of an additional sink or stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this chapter has been violated.

(Ord. No. 92-06-40, §§ 1, 2, 7-20-92)

The following additional uses shall be permitted in the R-TH townhouse district, subject to setbacks, yard, height and other restrictions as follows.

(1)

Accessory buildings and uses incidental to each single family townhouse residence when placed on the same lot or parcel of land in accordance with requirements and restrictions of sections 30-162 and 30-162.1 of this Code and not used or operated commercially or for industry;

(2)

Accredited private schools and public schools owned by federal, state, county, or city governments, and church schools. This section shall not be construed to permit the construction or operation of church buildings or other places of worship;

(3)

Playgrounds, parks or reservations owned and operated by the city;

(4)

Flower and vegetable gardens and groves, provided no signs, displays or stands are used in conjunction therewith and not operated commercially;

(5)

Community residential homes, type 1, subject to the standards of section 30-475; and

(6)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land and building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(Ord. No. 92-06-40, §§ 1, 2, 7-20-92; Ord. No. 2009-03-09, § 8, 3-16-09)

The exterior colors of buildings, trim and other site features shall be subject to the approval of the department of development services. They shall be selected to ensure compatibility among the various colors and a visually appealing environment, and they shall conform to the requirements of chapter 32.

(Ord. No. 2004-10-41, § 5(30-175.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 5, adopted Oct. 18, 2004, supplied provsions to be set out as § 30-175.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-175 to read as set out herein.

The general intent of the clusterhouse zoning district is to encourage redevelopment and promote homeownership throughout all segments of the community.

(Ord. No. 2004-10-41, § 6, 10-18-04)

As used herein a clusterhouse is a family dwelling which shall be separated by a masonry wall of not less than eight (8) inches thick between units. This wall must conform to fire prevention criteria of the South Florida Building Code. Each clusterhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another.

(Ord. No. 73-10-46, § XI, 12-18-73; Ord. No. 2004-10-41, § 6, 10-18-04)

Cross reference— Definitions and rules of construction generally, § 1-2.

Clusterhouse developments consisting of six (6) or more lots are subject to approval after a public hearing before the city council and shall be subject to the development standards and restrictions established in this division.

(Ord. No. 73-10-46, § XI, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

As part of the supplementary data required to complete an application for a formal public hearing for a clusterhouse development, a plot or site plan of the development and a typical tentative plan showing front elevations of the proposed clusterhouses prepared by an architect with an architectural seal shall be submitted as part of such application.

(b)

If the application is approved, the clusterhouse development shall be in accordance with such plan.

(c)

A plot or site plan shall include, but not be limited to, location of buildings in relation to property and property lines, off-street parking spaces or bays, patios and service areas including garbage disposal areas, landscaping, walls, public and private streets, driveways, all common facilities, open space and walkways, and utilities showing them underground where such is required. In addition, typical lot size, square footage of each clusterhouse shall be included as data on such plans.

(d)

If after approval of the plan a substantial change therein is desired, application may be filed as a special exception with the city council to modify or change such plan, all in accordance with this division and all other applicable provisions of this chapter.

(Ord. No. 73-10-46, § XI(n), 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

Each clusterhouse unit shall be erected on its own individually platted lot. If areas for common use of occupants of a clusterhouse development are to be provided, these areas and developments are to be shown on the plat and shall not be approved until satisfactory arrangements are made for maintenance.

(Ord. No. 73-10-46, § XI(r), 12-18-73)

The standards established by these sections may be modified by approval after a public hearing, in accordance with existing law, where such variations when incorporated into the site plan illustrate that the purpose and intent of any modifications will be met by the overall development.

(Ord. No. 73-10-46, § XI(o), 12-18-73; Ord. No. 2003-06-23, § 23, 6-23-03)

Where applicable, development within the R-CH zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(Ord. No. 73-10-46, § XI(a), 12-18-73; Ord. No. 87-01-9, § 1, 2-2-87; Ord. No. 2003-06-24, § 9, 6-23-03)

The minimum size of the site to be developed for clusterhouses shall be two (2) acres.

(Ord. No. 73-10-46, § XI(c), 12-18-73; Ord. No. 2004-10-41, § 6, 10-18-04)

The minimum width of a clusterhouse shall be not less than twenty-five (25) feet.

(Ord. No. 73-10-46, § XI(b), 12-18-73)

A maximum height for any clusterhouse shall be thirty-five (35) feet.

(Ord. No. 73-10-46, § XI(b), 12-18-73)

No clusterhouse site shall contain an area of less than three thousand (3,000) square feet. Each unit shall have its foundation on its individual site.

(Ord. No. 73-10-46, § XI(e), 12-18-73)

The minimum front building setback shall be twenty (20) feet. Parking is permitted on the front setback.

(Ord. No. 73-10-46, § XI(f), 12-18-73)

The minimum rear building setback shall be twenty (20) feet. There shall be six-foot minimum rear setback for a solid roof screened patio with three (3) open sides, as the minimum rear setback.

(Ord. No. 73-10-46, § XI(g), 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84)

No minimum side yard required on one (1) side. Ten (10) feet required on opposite side.

(Ord. No. 73-10-46, § XI(h), 12-18-73)

(a)

Each clusterhouse shall be independently served by separate heating, air conditioning, sewer, water, electrical power, gas, or other facilities and utilities service where such utilities and services are provided. No clusterhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another clusterhouse or clusterhouse site except as may be installed in public easements.

(b)

All clusterhouses must be connected to public or private water systems and sewer lines, and all electrical and telephone lines in a clusterhouse development site shall be placed underground.

(c)

Proper and adequate access for firefighting and access to service areas to provide garbage and waste collection and for other necessary services shall be provided. Waste collection shall be the responsibility of each clusterhouse, and each clusterhouse shall provide adequate containers for collection.

(Ord. No. 73-10-46, § XI(i), 12-18-73)

(a)

Attached storage area and garage. All units shall provide attached storage areas and attached garages. Each garage shall provide a clear interior parking area as follows:

One (1) car = (12 feet × 20 feet)

Two (2) cars = (20 feet × 20 feet)

Three (3) cars = (30 feet × 20 feet)

Each unit shall provide an attached storage area that is at least forty (40) square feet, accessible from the exterior.

(b)

Parking. The minimum off street parking requirements shall be as follows:

1—2 bedrooms = 2 parking spaces

3—4 bedrooms = 3 parking spaces

5+ bedrooms = 4 parking spaces

Such parking spaces may be provided for by any of the following that is consistent with urban design standards and promotes the quality and compatibility of the proposed development:

Attached parking;

Driveways;

Parking pads;

Parallel parking on interior roadways; and

Covered parking.

(Ord. No. 73-10-46, § XI(j), 12-18-73; Ord. No. 74-03-13, § 1, 4-1-74; Ord. No. 74-11-64, § 1, 12-23-74; Ord. No. 2004-10-41, § 6, 10-18-04; Ord. No. 2006-05-24, § 3, 5-15-06)

Cross reference— Off-street parking requirements, § 30-431 et seq.

All patio, outdoor living areas on each clusterhouse site shall be enclosed by a wall affording complete screening except in cases where a natural feature of the site would suggest a special exception which shall be determined by a review of the site plan for the development. Such wall shall be of masonry, wood or other material having a life expectancy of not less than ten (10) years. The minimum height of such wall shall be five (5) feet. Such walled-in patio areas may include a screen roof.

(Ord. No. 73-10-46, § XI(k), 12-18-73)

There shall be provided with each townhouse unit at least one hundred fifty (150) square feet of patio or terrace living area exclusive of parking and entryway areas. (However, a front patio or terrace of at least fifty (50) square feet may be counted towards this requirement).

(Ord. No. 73-10-46, § XI(l), 12-18-73; Ord. No. 2004-10-41, § 6, 10-18-04)

Accessory storage buildings may be required to be installed by the developer on the site of each clusterhouse dwelling unit within new clusterhouse developments. Such accessory storage buildings shall be depicted on the site plan for the project. Accessory storage buildings shall have a minimum floor area of eighty (80) square feet and a maximum height which is at least six (6) inches below the height of the required wall. Such buildings shall be confined to the walled area of the sites containing the clusterhouse; be constructed in the same manner and utilize similar architectural design elements and materials as the clusterhouse it is intended to serve. If accessory storage buildings are attached to the principal building on the site, they shall comply with the setback requirements applicable to the principal buildings and provide exterior access. Detached storage buildings shall be setback at least five (5) feet from side and rear lot lines and at least ten (10) feet from the principal building.

Accessory storage buildings may be installed on sites developed prior to November 1, 1990, subject to compliance with all of the standards of this section except, however, said accessory storage buildings to be placed on sites developed prior to November 1, 1990 shall be exempt from the minimum floor area of eighty (80) square feet.

(Ord. No. 73-10-46, § XI(m), 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2004-10-41, § 6, 10-18-04)

Clusterhouse developments shall meet all fire safety requirements.

(Ord. No. 73-10-46, § XI(p), 12-18-73)

(a)

Provisions satisfactory to the city shall be made to insure that nonpublic areas and facilities for the common use of occupants of a clusterhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayers of the city.

(b)

Such may be provided by the incorporation of an automatic membership home association or title may be held by an independent party related to the development for the purpose of continuously holding title to such nonpublic areas and facilities not levying assessments against each clusterhouse lot, whether improved or not, for the purpose of paying taxes and maintaining such nonpublic areas and facilities which may include, but not be limited to, recreation areas, off-street parking bays, private streets, sidewalks, street lights, and common open and landscaped areas.

(c)

Such assessments shall be a lien superior to all other liens except applicable assessment tax liens and mortgage liens provided mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secured indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years. Other methods may be acceptable if the same positively provided for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers.

(d)

The instrument incorporating such provisions shall be presented to the city attorney for approval as to form and legal sufficiency, and recorded in the public records of Miami-Dade County, Florida, subsequent to site plan and/or plat approval, and provided such instrument has been approved by the city attorney.

(Ord. No. 73-10-46, § XI(q), 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed sixty-five (65) percent of the total site area contained in a clusterhouse development.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

No building or land in the R-CH district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for use as a one (1) family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with room and bath, but no kitchen, to be used as servant's quarters only. The addition of an additional sink or stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this chapter has been violated.

(Ord. No. 92-06-40, §§ 1, 2, 7-20-92)

The following additional uses shall be permitted in the R-CH Clusterhouse district, subject to setbacks, yard height and other restrictions, as follows:

(1)

Accessory buildings and uses incidental to each single family clusterhouse residence when placed on the same lot or parcel of land and in accordance with requirements and restrictions of section 30-193 of this Code and not used or operated commercially or for industry;

(2)

Accredited private schools and public schools owned by federal, state, county or city governments, and church schools. This section shall not be construed to permit the construction or operation of church buildings or other places of worship;

(3)

Playgrounds, parks or reservations owned and operated by the city;

(4)

Flower and vegetable gardens and groves provided no signs, displays or stands are used in conjunction therewith and not operated commercially;

(5)

Community residential homes, type 1, subject to the standards of section 30-475; and

(6)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land and building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code.

(Ord. No. 92-06-40, §§ 1, 2, 7-20-92; Ord. No. 2009-03-09, § 9, 3-16-09)

No building or land in the R-3 multiple apartment district shall be used, and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purposes, other than one (1) or more of the following uses:

(1)

All uses permitted in the R-1 and R-2 zoning districts, provided that adjacent properties (across the street and on either side of the subject R-3 property) are zoned R-1 or R-2. In the event that adjacent properties are not zoned R-1 or R-2, then R-1 and R-2 uses may only be permitted upon receipt of a special exception;

(2)

Multiple family residence, or apartment including every customary or accessory use not inconsistent therewith, including private and storage garages not involving the conduct of a business;

(3)

Accessory buildings and customary uses incidental to any of the permitted uses, including private and storage garages when located on the same lot and not involving the conduct of a business;

(4)

Community residential homes, types 1 and 2, subject to the standards of section 30-475;

(5)

Assisted living facilities, if approved as a special exception use in accordance with section 30-45 and section 30-475;

(6)

Home occupations, businesses or professions operated in such a manner so as not to alter the residential character of the land and building and in accordance with the guidelines and restrictions established by section 16-19(4) of this Code; and

(7)

For those properties zoned R-3 as of July 1, 2003 that by virtue of their lot size do not comply with section 30-208, R-TH development shall be permitted subject to all applicable development standards for townhouses provided for in Chapter 30, Article III, Division 6 of the Code with the following modifications:

a.

Minimum building site area = Thirty-six hundred (3,600) square feet;

b.

Minimum width of dwelling unit = Twenty (20) feet;

c.

Minimum front yard = Twenty (20) feet, or ten (10) feet if parking is in the rear; and

d.

Minimum side yard = Zero on the side attached to another R-TH unit; five (5) feet for a structure containing four or fewer R-TH units; ten (10) feet for a structure containing more than four (4) R-TH units.

R-TH development, as provided for in this subsection (6), shall be considered a permitted use in R-3 if adjacent properties (across the street and on either side of the subject R-3 property) are zoned R-1, R-2, R-TH, or R-3. In the event that adjacent properties are not zoned R-1, R-2, R-TH or R-3, then R-TH uses may only be permitted upon receipt of a special exception.

(Ord. No. 73-10-46, § XII(a), 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 92-06-40, §§ 1, 2, 7-20-92; Ord. No. 93-05-45, § 1, 5-17-93; Ord. No. 2003-06-24, § 10, 6-23-03; Ord. No. 2004-02-09, § 7, 3-15-04; Ord. No. 2009-03-09, § 10, 3-16-09)

(a)

All future developments consisting of six (6) or more residential lots shall require plat and/or site plan approval pursuant to a public hearing before the city council prior to the issuance of any building permits.

(b)

A plot or site plan shall include, but shall not be limited to, location of buildings in relation to property and property lines, off-street parking spaces, service areas including garbage disposal areas, landscaping walls, public and private streets, driveways, all common facilities, open space, wallways and utilities. In addition, lot area and each structure's square footage should be shown.

(Ord. No. 84-02-11, § 1, 2-20-84; Ord. No. 85-05-41, § 1, 6-3-85; Ord. No. 93-05-45, § 1, 5-17-93; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

Building site area. The minimum building site area shall be one (1) lot or parcel of land thirteen thousand (13,000) square feet in land area for each multiple family structure. Such parcels of land or lots shall have an average width of at least one hundred (100) feet.

(b)

Design standards.

(1)

Developments larger than two (2) acres shall be designed with a modified grid of interconnected blocks and streets that includes an internal collector drive. All streets shall provide access via the modified grid to parking areas located behind or to the side of buildings. Parking spaces should not be located between streets and buildings; however, on-street parallel parking may be permitted along all streets. The collector drive shall include a curbed, landscaped median (landscaped with trees and shrubs) at least ten (10) feet in width from outside of curb to outside of curb. The department of development services shall, where possible, require the internal collector drive and other streets to be designed in a manner that promotes a safe and pedestrian-friendly environment.

Site plans shall include an entrance feature that may include a square or boulevard or some other significant space fitted with trees, fountains, buildings, special paving, or some other focal point. Development entryways shall be controlled by electronically operated security gates and/or manned guardhouses (manned guardhouses required for developments with twenty-six (26) or more dwelling units). Development entryways shall be designed with sufficient stacking and escape capacity for vehicles waiting to clear security or leave without passing through the security screen. At a minimum, "sufficient capacity" shall mean sufficient to ensure that no public rights-of-way will be obstructed. The department of development services may at its discretion adopt and, from time to time, modify administrative rules to provide additional details to govern the design geometrics and the construction details of internal circulation and parking facilities.

(2)

Street and garden walls (or equivalent landscaped buffers, as determined by the director of the department of development services) shall be provided, and shall be constructed of masonry or solid concrete block and stucco (CBS) steel-reinforced wall. The wall shall be designed to be compatible with similar structures in the proposed development and the surrounding area. Street walls shall be set back a minimum of three (3) feet from sidewalks to allow room for hedge on the exterior side of the wall. Street and garden walls may incorporate the following design features.

a.

Vertical columns or structural elements such as pilasters which break the vertical or horizontal plane of the adjoining wall surface;

b.

Changes in wall materials or textures such as banding or reveals providing a minimum of two (2) materials or textures for the exterior surface of the wall;

c.

Stone or stucco cap moldings and column caps;

d.

Street and garden walls may incorporate transparency, by using aluminum, wrought iron, or galvanized steel picket fencing. If this option is chosen, then a minimum of fifty (50) percent of the wall surface shall be transparent, and the transparency shall be located between three (3) and six (6) feet above grade for at least eighty (80) percent of the length. Pillars and posts shall be placed no more than ten (10) feet apart, on average.

Chain link fences are not permitted, except for temporary construction fences. All such walls shall be installed by the developer or landowner prior to the issuance of the first certificate of occupancy. Walls shall be attractively and neatly maintained.

(3)

Common areas shall not be enclosed or encroached upon with a fence, patio or a screen structure for the use of the residents of an individual dwelling unit, unless approved pursuant to the site plan approval process.

(4)

All units shall have private balconies or patios. The minimum usable area of each balcony or patio used to meet this requirement shall be eighty (80) square feet. Units of two (2) or more stories shall provide for both balconies and patios. All balconies shall be constructed to provide a minimum depth of four (4) feet.

(5)

Decorative pavers shall be required for project entryways and the intersections of internal circulation drives.

(6)

Developments of less than two (2) acres shall be required to provide recreation amenities including a jacuzzi pool.

(7)

Developments of more than two (2) acres but less than five (5) acres shall be required to provide recreation amenities, including a swimming pool with cabana. A cabana shall be a minimum of four hundred (400) square feet and contain two (2) changing rooms with bathroom facilities and a water fountain. Swimming pool size shall be a minimum of seven hundred fifty (750) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

(8)

Developments of more than five (5) acres shall be required to provide recreation amenities including each of the following: common buildings for gatherings, games and other recreation; exercise rooms; saunas; tennis courts; swimming pools and jacuzzi pools. The minimum size of such facilities shall be as follows:

a.

Common buildings, exercise rooms and saunas in combination: Four thousand (4,000) square feet or fourteen (14) square feet per dwelling unit, whichever is greater;

b.

Swimming pools and jacuzzis in combination: Two thousand (2,000) square feet or six and four-tenths (6.4) square feet per dwelling unit, whichever is greater.

c.

Tennis courts: One (1) tennis court or one (1) tennis court per every two hundred and fifty (250) dwelling units or fraction thereof, whichever is greater.

The director of the department of development services may modify the requirements of (6) through (8) based on a finding that a different combination of recreation amenities will better serve the residents of the development.

(9)

The exterior colors of buildings, trim and other site features shall be subject to the approval of the department of development services. They shall be selected to ensure compatibility among the various colors and a visually appealing environment and they shall conform to the requirements of chapter 32.

(10)

Buildings shall be designed with enriching details such as shutters, louvers, cupolas, dormers, multiple roof planes, broad overhangs, cast stone sills and/or stucco sills, cast stone and/or stucco window banding, cast stone and/or stucco door moldings, graduated rustication, molding at eaves, quoins, awnings, cast stone and/or concrete caps and moldings on garden walls. The combination and location of such building details shall be subject to the approval of the department of development services.

(11)

Roofs with at least a 3:12 pitch are required.

(12)

All architectural expression of parking garages (if provided) that faces public open space shall be consistent and harmonious with the proposed development and surrounding area. Ramping shall be internalized wherever possible, and exposed ramps are prohibited.

(13)

Mechanical equipment shall not be installed near the entrances to individual dwelling units or approachways to them, or be visible from the street. This provision shall not apply to essential emergency equipment such as fire extinguishers and alarm boxes.

(14)

Each unit shall provide for either an accessory storage area that is at least fifty (50) square feet, and shall be accessible from the exterior of the unit or an attached garage.

(15)

For the purposes of subsection (1) through (13) above, the term "development" shall mean any combination of buildings, structures or other improvements to the land which are subject to site plan approval in a single application or combination of applications some or all of which could not be approved without reference to the others.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 93-05-45, § 1, 5-17-93; Ord. No. 2003-06-24, § 10, 6-23-03; Ord. No. 2004-02-09, § 7, 3-15-04; Ord. No. 2004-10-41, § 7, 10-18-04)

The maximum height on buildings shall be thirty-five (35) feet or three (3) stories.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 74-11-66, § 1, 11-19-74; Ord. No. 93-05-45, § 1, 5-17-93)

There shall be a twenty-five-foot front yard required, but in no case shall the front yard be less than fifteen (15) feet.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 93-05-45, § 1, 5-17-93)

There shall be side yards totaling twenty (20) feet in width, but the width of either shall not be less than five (5) feet.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 93-05-45, § 1, 5-17-93)

Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet to the rear lot line. Where a secondary building is located in a rear yard, there shall be a distance of ten (10) to twenty-five (25) feet from the rear of the principal building to the front of the secondary building, and a minimum of five (5) feet from the rear of the secondary building to the rear lot line. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 84-12-101, § 1, 12-17-84; Ord. No. 93-05-45, § 1, 5-17-93)

All front yard, rear yard and side yard setback requirements shall be increased by five (5) feet for each and every story above two (2) stories high, excluding ground floor parking.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 93-05-45, § 1, 5-17-93)

Where applicable, development within the R-3 zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(Ord. No. 73-10-46, § XII, 12-18-73; Ord. No. 93-05-45, § 1, 5-17-93; Ord. No. 2003-06-24, § 10, 6-23-03)

Two (2) off-street parking spaces shall be provided for each dwelling unit. Such parking spaces may be provided for by either an attached garage or a commonly owned and maintained covered off-street parking structure. Such parking structure shall be constructed in the same manner and utilize similar architectural design elements and materials as the dwelling unit it is intended to serve, and shall comply with Crime Prevention Through Environmental Design (CPTED) design guidelines. No parking space shall be more than fifty (50) feet by the most direct pedestrian route from the door of the dwelling unit it is intended to serve. A decorative paved connector shall run from the parking structure to the building it is intended to serve. No parking shall be permitted in the front yard setback.

(Ord. No. 74-03-13, § 1, 4-1-74; Ord. No. 74-04, 16, § 2, 5-20-74; Ord. No. 74-11-64, § 1, 12-23-74; Ord. No. 93-05-45, § 1, 5-17-93; Ord. No. 2004-10-41, § 7, 10-18-04)

Cross reference— Off-street parking regulations, § 30-43 et seq.

Fence restrictions shall be as provided in section 30-468 et seq.

(Ord. No. 93-05-45, § 1, 5-17-93)

Landscaping shall be as required in the applicable provisions of Chapter 29.

(Ord. No. 93-05-45, § 1, 5-17-93)

Sidewalks shall be as required in section 24-41 et seq.

(Ord. No. 93-05-45, § 1, 5-17-93)

Signs shall be as provided in section 23-41 et seq.

(Ord. No. 93-05-45, § 1, 5-17-93)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed seventy (70) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 93-05-45, § 1, 5-17-93)

Editor's note— Ord. No. 99-05-30, § 2, adopted June 7, 1999, renumbered the provisions of §§ 30-221 and 30-222 as §§ 19-105 and 19-106. The historical notation has been retained with those sections for reference purposes.

No building or land in the R-4 hotel-motel and institutional district shall be used and no building shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose, other than one (1) or more of the following uses:

(1)

Hotels and motels;

(2)

Accessory buildings and uses customarily incidental to any of the permitted uses, including private and storage garages when located on the same lot and not involving the conduct of a business;

(3)

Clinics, hospitals, except animal hospitals and animal clinics;

(4)

Churches, missions, schools and other places of worship and Sunday school buildings;

(5)

Day care centers;

(6)

Community residential homes, types 1 and 2, subject to the standards of section 30-475; and

(7)

Assisted living facilities if approved as special exception uses pursuant to section 30-475.

(Ord. No. 73-10-46, § XIII, 12-18-73; Ord. No. 81-11-65, § 2, 11-2-81; Ord. No. 88-05-34, § 1, 5-16-88; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 99-05-26, § 1, 5-17-99; Ord. No. 2003-06-24, § 12, 6-23-03; Ord. No. 2009-03-09, § 11, 3-16-09)

Cross reference— Unusual uses in the R-4 district requiring special public hearing, § 30-531.

The maximum height on buildings shall be thirty-five (35) feet or three (3) stories.

(Ord. No. 73-10-46, § XIII, 12-18-73; Ord. No. 74-11-66, § 2, 11-19-74)

The minimum building site area for multiple family use [residential mixed use] shall be the same as the R-3 district. The minimum building site area for the R-4 hotel and motel use shall be one (1) lot or parcel of land of at least ten thousand (10,000) square feet. Such parcels of land or lots shall have an average width of at least one hundred (100) feet.

(Ord. No. 73-10-46, § XIII, 12-18-73; Ord. No. 2003-06-24, § 12, 6-23-03)

(a)

Front yard requirements. There shall be a twenty-five-foot front yard required.

(b)

Side yard requirements. There shall be side yards totaling twenty (20) feet in width, but the width of which shall not be less than five (5) feet.

(c)

Rear yard requirements. Every principal residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet on the rear lot line. Where a secondary building is located in a rear yard, there shall be a minimum of ten (10) feet from the rear of the principal building to the front of the secondary building, and a minimum of five (5) feet from the rear of the secondary building to the rear lot line.

(d)

Additional setback requirements. All front yard, rear yard and side yard setback requirements shall be increased by five (5) feet for each and every story above two (2) stories high, excluding ground floor parking.

(Ord. No. 73-10-46, § XII, 12-18-73)

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed seventy (70) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

(a)

No building or land in the B-1A professional business restricted district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one (1) or more of the following uses; and provided further that all storage of materials and products and all operations of work of every character are carried on entirely within the enclosing walls and under thereof a building constructed in accordance with the requirements provided herein.

(b)

Professional business uses only permitted. No other use is permitted in this district.

(1)

Antique shops;

(2)

Art goods and bric-a-brac;

(3)

Banks;

(4)

Insurance agencies and offices;

(5)

Offices for professional purposes such as:

a.

Doctors;

b.

Dentists;

c.

Optometrists;

d.

Lawyers;

e.

Attorneys;

f.

Accountants;

g.

CPAs;

h.

Engineers;

i.

All other professional personnel;

(6)

Real estate offices;

(7)

Management consultant;

(8)

Psychological and family counseling without a physician.

(9)

Administrative offices of businesses without the actual sale and/or storage of retail goods. Said offices shall be for administrative purposes only and not for sale, delivery and/or display of retail merchandise.

(c)

The following uses shall be permitted by special exception approval in accordance with sections 30-45 and 30-351 of the Code:

(1)

Reserved;

(2)

Bake shop, retail only and employing under five (5) persons;

(3)

Barber shops;

(4)

Beauty shops;

(5)

Book stores, except adult book stores;

(6)

Cigar and cigarette shops, retail only;

(7)

Clothing stores (no consignment);

(8)

Computer software development;

(9)

Cosmetics, perfumes and toiletries stores;

(10)

Florist shops, no outside nurseries;

(11)

Importers/exporters, office only;

(12)

Jewelry stores;

(13)

Leather good stores;

(14)

Photographers, photograph galleries;

(15)

Mail services;

(16)

Travel agency.

(d)

All applicants for a local business tax receipt under (b)(5)i or (b)(9) above shall be required to submit to the building and zoning department of the City of Homestead an affidavit that the B-1 use proposed for the B-1A property shall not increase the traffic flow inconsistent with a B-1A use, and that commercial trucks shall not be used, located and/or parked at the location of the receipt holder whether said commercial vehicles belong to a third party or are owned by the receipt holder.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 85-06-48, § 1, 7-1-85; Ord. No. 89-09-82, § 1, 10-2-89; Ord. No. 95-03-10, §§ 1—3, 3-20-95; Ord. No. 2007-08-26, § 15, 8-6-07; Ord. No. 2007-12-43, § 5, 12-3-07; Ord. No. 2008-09-28, § 2, 9-15-08; Ord. No. 2012-09-19, § 2, 9-19-12; Ord. No. 2015-06-05, § 2, 6-17-15; Ord. No. 2025-05-12, § 2, 5-28-25)

Cross reference— Unusual uses in the R-4 district requiring special public hearing, § 30-531.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 83-04-23, § 1, 4-18-83; Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed eighty (80) percent of the total lot area.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90)

(a)

Front yard setback required. Setbacks on all retail commercial property shall be twenty (20) feet unless setback is already established at a lesser distance by two (2) or more buildings in the block, but no setback shall be less than fifteen (15) feet. For zoned properties abutting Krome Avenue, the front yard setback shall be reduced to a minimum of five (5) feet. However, if two (2) adjoining (touching) buildings are less than five (5) feet from such setback, the new structure may come to the building line of the two (2) adjoining buildings, even if same is less than five (5) feet. These setback requirements shall not pertain to the "fringe and core" areas located on Krome Avenue, if the setback amendments would violate more liberal setback requirements which had been previously granted to those areas.

(b)

Side yard requirements. A minimum side yard building setback of ten (10) feet shall be required on the street side of corner lots.

(c)

Rear yard requirements. There shall be a rear yard of not less than ten (10) feet in depth where no alley exists and a twenty (20) foot depth where an alley exists, unless waived by the city council.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 94-02-16, §§ 2, 3, 2-21-94; Ord. No. 2022-04-08, § 2, 4-27-22)

Editor's note— Ord. No. 90-11-86, Pt. 3, adopted Dec. 3, 1990, repealed former § 30-245, relative to floor area requirements, which derived from Ord. No. 73-10-46, § XIV, adopted Dec. 18, 1973; Ord. No. 74-06-33, § 1, adopted July 1, 1974; and Ord. No. 88-9-61, § 1, adopted Sept. 19, 1988.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 8(30-255.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 8, adopted Oct. 18, 2004, supplied provsions to be set out as § 30-255.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-251 to read as set out herein.

(a)

No building or land in the B-1 restricted retail commercial district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose, other than one (1) or more of the following uses. All storage of materials and products and all operations of work of every character shall be carried on entirely within the enclosing walls and under the roof of a building constructed in accordance with the requirements provided herein. Notwithstanding the foregoing, ice machines and propane gas tanks (sales or swap-out programs) which are incidental and ancillary to the principal permitted use, may be located, placed or stored outside subject to approval by the development services director or designee. Ice machines and propane gas tanks shall not be located, placed or stored adjacent to any building entrance, impede pedestrian or vehicular traffic, obstruct emergency vehicular access or present a hazard to the public health, safety and welfare. Ice machines and propane gas tanks shall only be permitted with the installation of bollards or other similar protective safety devices. Restaurants with courtyards and outside dinning and drive-in restaurants with their principal business of ordering food from and serving food in motor vehicles to be consumed on the premises shall be exempt from the requirement as set forth immediately above regarding operations to be carried out entirely within enclosing walls or under the roof of a building.

(b)

Within the areas designated downtown mixed use or professional mixed use in the comprehensive plan, B properties may be used for work lofts (the first floor of the use is used for an approved business use and the second floor is used as the residence for the business owner). Notwithstanding the foregoing, first floor storefront uses shall be limited to the permitted uses as set forth in the below subsection (e) when located along the Washington Avenue corridor extending between SW 312th Street (Campbell Drive) and SW 320th Street (East Mowry Drive) and portions of the Krome Avenue corridor extending from SW 312th Street (Campbell Drive) and SW 320th Street (West Mowry Drive).

(c)

The following uses shall be permitted by special exception approval in accordance with sections 30-45, 30-531 and 30-536.4 of this chapter:

(1)

Commercial retail uses greater than ten thousand (10,000) square feet up to a maximum of twenty thousand (20,000) square feet of useable floor area.

(d)

Other permitted uses:

(1)

Abstract and/or title company.

(2)

Accountant.

(3)

Actuaries.

(4)

Adjusters, insurance.

(5)

Administrative office.

(6)

Advertising office, no shops.

(7)

Appraisers.

(8)

Antique and curio shops.

(9)

Architects.

(10)

Art goods stores.

(11)

Artists' studio.

(12)

Attorneys.

(13)

Auctioneers, office only.

(14)

Auditoriums.

(15)

Auditors.

(16)

Automobile rentals or leasing, office only.

(17)

Bake shop, retail only and employing under five (5) persons.

(18)

Banks, trust companies, savings institutions, finance companies and other similar financial institutions, excluding drive-in teller facilities.

(19)

Barber shops.

(20)

Beauty shops.

(21)

Bicycle stores, sales, rental, repairs (parking and storage to be within building).

(22)

Book stores, except adult book stores.

(23)

Boarding houses and lodging houses.

(24)

Broker, mortgage.

(25)

Building, electrical or plumbing contractor, office only, no shop or storage.

(26)

Business analyst, counselor or broker.

(27)

Cafe, cafeterias, delicatessens, restaurants, including drive-in restaurants where the food is ordered from and served in motor vehicles as the primary service of said business.

(28)

Calculating and statistical services.

(29)

China, crockery, glassware and earthenware stores.

(30)

Church/religious institution(s).

(31)

Cigar and cigarette shops, retail only.

(32)

Cleaning and laundry agency, where no gasoline or explosive of any kind are stored or used and provided no cleaning or laundry shall be done on the premises.

(33)

Clinic, medical or dental, establishments where two (2) or more medical or dental practitioners have offices together with consultation rooms, laboratories and other common facilities.

(34)

Clothing stores.

(35)

Computer software development.

(36)

Confectionery and ice cream stores, retail only.

(37)

Conservatories, school of fine arts.

(38)

Consignment stores.

(39)

Consulates.

(40)

Consultants.

(41)

Convenience stores as defined in section 30-1 of the Code (open between 11:00 p.m. and 5:00 a.m.) and ancillary self-service gas pumps shall be permitted in B-1 zoning, following the submission of an application to the development services department and approval after a public hearing before the city council, said special exception permit to be adopted by resolution.

(42)

Cosmetics, perfumes and toiletries stores.

(43)

Court reporting, public stenographers.

(44)

Credit reporting.

(45)

Dancing academies.

(46)

Reserved.

(47)

Department and dry goods stores.

(48)

Dentists.

(49)

Detective agency.

(50)

Drug and sundry stores.

(51)

Employment agencies.

(52)

Engineers, professional.

(53)

Florist shops, no outside nurseries.

(54)

Furniture stores, retail only, new merchandise.

(55)

Grocery stores, no handling of live poultry.

(56)

Guest houses and tourist homes.

(57)

Haberdashery shops.

(58)

Hardware stores - including minor service and repair of the types of retail items sold, ancillary to the principal use.

(59)

Hobby supplies.

(60)

Hotel.

(61)

Importers/exporters, office only.

(62)

Insurance agencies and bond offices.

(63)

Interior decorating, costuming, drapery stores, retail only.

(64)

Investment and securities dealers.

(65)

Jewelry stores.

(66)

Leather goods stores.

(67)

Lodge halls and convention halls.

(68)

Luggage shops.

(69)

Manufacturer's agents.

(70)

Market research.

(71)

Medical doctors.

(72)

Millinery shops.

(73)

Miscellaneous service establishments.

(74)

Model agency.

(75)

Modest wearing apparel and furriers.

(76)

Motel.

(76)

Music, radio, television and electrical appliance stores, retail only.

(78)

Newsstands, all merchandise shall be enclosed in an approved structure.

(79)

Notary public.

(80)

Offices for business and professional purpose.

(81)

Office supply and equipment stores, retail only.

(82)

Optical stores.

(83)

Optometrist.

(84)

Paint stores, retail only.

(85)

Photo equipment and supplies.

(86)

Photographers, photograph galleries.

(87)

Post offices.

(88)

Public relations.

(89)

Real estate sales and management offices.

(90)

Soft drink stands, provided they shall be completely enclosed by an approved structure.

(91)

Shoe stores, retail only.

(92)

Souvenir stores and gift shops.

(93)

Sporting goods stores.

(94)

Stationary stores.

(95)

Stock exchange and brokerage offices.

(96)

Tax consultants.

(97)

Telegraph and telephone offices—Does not include telephone exchanges.

(98)

Theatres and motion pictures houses—Except the following:

a.

Open air or drive-in type; and

b.

Adult motion picture theatres.

(99)

Ticket offices and waiting rooms for airplane, bus, railroad and ships.

(100)

Travel agency.

(101)

Video rental and sales, x-rated tapes shall comply with applicable Florida Statutes as to accessibility and availability to the public.

(102)

Other retail stores, new merchandise only unless specifically stated herein.

(103)

Open air cafes and/or restaurants.

(104)

Bowling alleys, provided that such establishments are not located closer than five hundred (500) feet to a residential district, unless such building is so constructed as to prevent the emission of sound and vibration.

(105)

Commercial retail uses not exceeding ten thousand (10,000) square feet of useable floor area.

(e)

Permitted first floor storefront uses along the Washington Avenue corridor and portions of the Krome Avenue corridor:

(1)

Permitted first floor storefront uses shall be limited when located along the Washington Avenue corridor and portions of the Krome Avenue corridor within the following geographic boundary areas:

a.

Washington Avenue corridor extending between SW 312th Street (Campbell Drive) and SW 320th Street (East Mowry Drive).

b.

Krome Avenue corridor extending from SW 312th Street (Campbell Drive) and SW 320th Street (West Mowry Drive).

(2)

Permitted storefront uses on the first floor of buildings facing Washington Avenue and Krome Avenue located in the geographic boundary areas referenced above shall be limited to the following:

a.

Restaurants and open air cafes, excluding drive-in or drive-thru restaurants.

b.

Bakery, with retails sales on site.

c.

Coffee shops.

d.

Art galleries.

e.

Artist studio, upper floors only except as accessory to retails sales.

f.

Auditoriums.

g.

Theatres, movie and performing arts.

h.

Churches/places of worship.

i.

Bar and lounge.

j.

Nightclub.

k.

Brewpub.

l.

Microbrewery.

m.

Wine bar.

n.

Day spa/salon.

o.

Barber and beauty shops/salons.

p.

Cosmetics, perfumes and toiletries stores.

q.

Cigar lounge.

r.

Confectionary and ice cream stores, retail only.

s.

Souvenir stores and gift shops.

t.

Boutique clothing shop, retail only.

u.

Bicycle stores, retail sales and rentals only.

v.

Book stores, excluding adult book stores.

w.

Florist and flower shops.

x.

Bowling alleys, that such establishments are not located closer than five hundred (500) feet to a residential district, unless such building is so constructed as to prevent the emission of sound and vibration.

y.

Billiards, game rooms and similar indoor entertainment uses.

z.

Hotels.

aa.

Postal/package/parcel services.

Permitted uses limited to upper floors only:

bb.

Administrative and professional offices, located in upper floor and first floor, nonstore front locations.

(3)

The following storefront uses on the first floor of buildings facing Washington Avenue and Krome Avenue located in the geographic boundary areas referenced above shall be permitted by special exception approval in accordance with section 30-45 and of this chapter:

a.

Commercial retail uses which are not otherwise listed as a permitted use in subsection (e)(2) above, provided such use does not exceed ten thousand (10,000) square feet of useable floor area.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 76-08-47, 9-27-76; Ord. No. 78-07-51, § 1, 7-27-78; Ord. No. 81-11-65, § 2, 11-2-81; Ord. No. 88-05-33, § 1, 5-16-88; Ord. No. 88-06-42, § 1, 7-5-88; Ord. No. 89-07-60, § 1, 8-7-89; Ord. No. 90-06-29, §§ 1, 2, 7-2-90; Ord. No. 93-07-64, § 1, 7-19-93; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 93-09-85, §§ 1, 2, 9-20-93; Ord. No. 93-11-105, §§ 1, 2, 12-6-93; Ord. No. 97-11-50, § 1, 12-1-97; Ord. No. 97-03-08, § 1, 3-17-97; Ord. No. 99-05-25, §§ 1, 2, 5-17-99; Ord. No. 00-05-15, § 1, 6-5-00; Ord. No. 2003-06-23, § 24, 6-23-03; Ord. No. 2003-06-24, § 13, 6-23-03; Ord. No. 2007-08-26, § 16, 8-6-07; Ord. No. 2008-09-28, § 3, 9-15-08; Ord. No. 2011-03-06, § 2, 3-23-11; Ord. No. 2013-03-08, § 4, 3-20-13; Ord. No. 2014-04-04, § 3, 5-21-14; Ord. No. 2015-06-05, § 3, 6-17-15; Ord. No. 2022-04-08, § 2, 4-27-22; Ord. No. 2025-04-08, § 2, 4-16-25; Ord. No. 2025-05-12, § 2, 5-28-25

Cross reference— Unusual uses in the B-1 district requiring special public hearing, § 30-531.

The maximum height of buildings shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 73-10-46, § XIV, 12-18-73; Ord. No. 74-11-66, § 3, 11-19-74; Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

No minimum requirements, except that in no case shall a single or multiple dwelling be erected on a site which provides an area less per family than is required under the minimum area provisions stipulated for the R-1, R-2, R-3 and R-4 districts.

(Ord. No. 73-10-46, § XIV, 12-18-73)

(a)

Front yard requirements. Setbacks on all retail commercial property shall be twenty (20) feet unless setback is already established at a lesser distance by two (2) or more buildings in the block, but no setback shall be less than fifteen (15) feet. For R-1, R-2, R-3 and R-4 uses, front yard requirements shall be the same as required under that particular use district. For zoned properties abutting Krome Avenue, the front yard setback shall be reduced to a minimum of five (5) feet. However, if two (2) adjoining (touching) buildings are less than five (5) feet from such setback, the new structure may come to the building line of the two (2) adjoining buildings, even if same is less than five (5) feet. These setback requirements shall not pertain to the "fringe and core" areas located on Krome Avenue, if the setback amendments would violate more liberal setback requirements which had been previously granted to those areas.

(b)

Side yard requirements. No side yard required, except for R-1, R-2, R-3 and R-4 uses where side yard requirements shall be the same as required under that use district.

(c)

Rear yard requirements. There shall be a rear yard not less than twenty (20) feet in depth, except for R-1, R-2, R-3 and R-4 uses where rear yard requirements shall be the same as required under that use district.

(d)

Side and rear setbacks abutting residential zones. In any B-1 or B-2 zone abutting A-1, A-2, R-1, R-2, R-TH, R-CH, R-3 or R-4 zones, the side setbacks shall be a minimum of ten (10) feet and the rear shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, §§ III(17), XIV, 12-18-73; Ord. No. 94-02-16, §§ 2, 3, 2-21-94)

Cross reference— Side setbacks, § 30-404.

Editor's note— Ord. No. 90-11-86, Pt. 3, adopted Dec. 3, 1990, repealed former § 30-260, relative to floor area requirements, which derived from Ord. No. 73-10-46, § XIV, adopted Dec. 18, 1973; Ord. No. 74-06-33, § 2, adopted July 1, 1974; and Ord. No. 88-9-61, § 1, adopted Sept. 19, 1988.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed eighty-five (85) percent of the total lot area, except for lots located within the downtown core and fringe areas of the city, in which case these maximum lot coverage restrictions shall not apply.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 9(30-275.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 9, adopted Oct. 18, 2004, supplied provsions to be set out as § 30-275.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-267 to read as set out herein.

(a)

No building or land in the B-2 retail commercial district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one (1) or more of the following uses; and provided further that all storage of materials and products and all operations of work of every character are carried on entirely within the enclosing walls and under the roof of a building constructed in accordance with the requirements herein provided. Notwithstanding the foregoing, ice machines and propane gas tanks (sales or swap-out programs) which are incidental and ancillary to the principal permitted use, may be located, placed or stored outside subject to approval by the development services director or designee. Ice machines and propane gas tanks shall not be located, placed or stored adjacent to any building entrance, impede pedestrian or vehicular traffic, obstruct emergency vehicular access or present a hazard to public health, safety and welfare. Ice machines and propane gas tanks shall only be permitted with the installation of bollards or other similar protective safety devices.

(b)

Uses permitted as of right:

(1)

Every use permitted in a B-1 zone;

(2)

Addressing and mailing service;

(3)

Air conditioning business sales and service;

(4)

Automobile new parts and equipment or accessory stores, salesrooms only;

(5)

Automobile new, sales and service, authorized dealer for, must have building for office, minimum required size of B district. The service area shall be located in the rear of the building and shall only be used in conjunction with vehicles of the dealership;

(6)

Automobile service stations, which may include facilities available for sale of other retail products and services related to the servicing of automobiles. As an accessory use, the service station may perform minor automobile repairs as herein listed:

(a)

Sale and servicing of spark plugs and batteries;

(b)

Tire repair and servicing, but no recapping;

(c)

Replacement of mufflers and tailpipes, water hose, fan belts, brake fluids, light bulbs, floor mats, seat covers, wiper blades, arms for windshields, and replacement of grease retainers and wheel bearings;

(d)

Radiator cleaning and flushing;

(e)

Washing and polishing;

(f)

Greasing and lubrications;

(g)

Exchanging fuel pumps and installing fuel lines;

(h)

Minor servicing or replacement of carburetors;

(i)

Emergency wiring repairs;

(j)

Adjusting brakes and installing or exchanging brake shoes;

(k)

Tuning engines, with the exception of grinding valves, cleaning carbon or removing the head of engines and/or crankcases;

(l)

Wheel balancing and aligning;

(m)

Shock absorbers.

(7)

Automobile gas stations, self serve or attendant;

(8)

Bait and tackle shops;

(9)

Billiard rooms and pool rooms;

(10)

Bowling alleys, provided that such establishments are not located closer than five hundred (500) feet to a residential district, unless such building is so constructed as to prevent the emission of sound and vibration;

(11)

Catering;

(12)

Dance halls in air conditioned buildings providing no intoxicating beverages of any kind are served, providing that such establishments are not located closer than five hundred (500) feet to a residential district, unless such building is so constructed as to prevent the emission of sound or vibration;

(13)

Data processing;

(14)

Dental laboratories;

(15)

Dog and pet hospitals in air conditioned buildings (boarding of animals is not permitted);

(16)

Dressmaking and alteration shops for wearing apparel;

(17)

Drive-in theaters and other drive-thru businesses where a majority, or a substantial portion of business thereof, is completed by ordering at a drive-thru window, picking up said merchandise, and removing said food stuff or merchandise from the premises for use or consumption;

(18)

Dry cleaning and pressing establishments, provided:

(a)

That no gasoline or explosive of any kind are stored on the premises or used in connection therewith;

(b)

That perchlorethylene cleaning fluid, only, is used;

(c)

That only gas fired or electric boilers shall be used;

(d)

That no noise, odors, obnoxious fumes or smokes shall be emitted from the building;

(e)

That the entire installation shall be subject to approval by the fire department.

(19)

Fruit stores, retail only, provided all merchandise shall be completely enclosed within the building;

(20)

Funeral homes;

(20.5)

Laundries, self-service/coin operated;

(21)

Medical laboratories;

(22)

Nurseries, propagating and growing plants for sale. Fertilizers, manure, compost and soil shall be limited in quantities for immediate use and sale and shall be kept at least two hundred (200) feet from residential districts and buildings.

(23)

Parking lots, commercial;

(24)

Pet shops and dog beauty parlors in air conditioned buildings (no overnight boarding of animals permitted);

(25)

Photograph developing and printing;

(26)

Printing shops, mimeographing, photostating, photocopying;

(27)

Rentals, formal wear and costumes;

(28)

Repair shops for electrical appliances, radio, television, jewelry, watches, typewriters, business machines, cameras and golf clubs;

(29)

Retail electric stores and repair shops;

(30)

Retail plumbing supply stores;

(31)

Self-service ice stations;

(32)

Reserved;

(33)

Shoe repair shops;

(34)

Sign paint shop;

(35)

Skating rinks, shall not be located closer than five hundred (500) feet to a residential district unless such building is so constructed as to prevent the emission of sound [or] vibration;

(36)

Surgical and orthopedic appliance sales;

(37)

Tailor shops;

(38)

Telegraph stations;

(39)

Telephone answering service;

(40)

Telephone exchange;

(41)

Tires, new, automobile, retail sales only, service or service installation no recapping on premises;

(42)

Upholstery shops, provided the business is limited to recovering of furniture only, painting or repainting is done elsewhere, showroom and office is in front of store, separated from work area by a partition;

**

Other similar enterprises or businesses which are not more obnoxious or detrimental to the welfare of the particular community than the businesses or enterprises herein enumerated.

(c)

The following uses shall be permitted by special exception approval in accordance with sections 30-45, 30-531 and 30-536.4 of this chapter:

(1)

Commercial retail uses exceeding twenty thousand (20,000) square feet of usable floor area.

(d)

Permitted first floor storefront uses along the Washington Avenue corridor and portions of the Krome Avenue corridor:

(1)

Permitted first floor storefront uses shall be limited when located along the Washington Avenue corridor and portions of the Krome Avenue corridor within the following geographic boundary areas:

(a)

Washington Avenue corridor extending between SW 312th Street (Campbell Drive) and SW 320th Street (East Mowry Drive).

(b)

Krome Avenue corridor extending from SW 312th Street (Campbell Drive) and SW 320th Street (West Mowry Drive).

(2)

Permitted storefront uses on the first floor of buildings facing Washington Avenue and Krome Avenue located in the geographic boundary areas referenced above shall be limited to the following:

(a)

Restaurants and open air cafes, excluding drive-in or drive-thru restaurants.

(b)

Bakery, with retails sales on site.

(c)

Coffee shops.

(d)

Art galleries.

(e)

Artist studio, upper floors only except as accessory to retails sales.

(f)

Auditoriums.

(g)

Theatres, movie and performing arts.

(h)

Churches/places of worship.

(i)

Bar and lounge.

(j)

Nightclub.

(k)

Brewpub.

(l)

Microbrewery.

(m)

Wine bar.

(n)

Day spa/salon.

(o)

Barber and beauty shops/salons.

(p)

Cosmetics, perfumes and toiletries stores.

(q)

Cigar lounge.

(r)

Confectionary and ice cream stores, retail only.

(s)

Souvenir stores and gift shops.

(t)

Boutique clothing shop, retail only.

(u)

Bicycle stores, retail sales and rentals only.

(v)

Book stores, excluding adult book stores.

(w)

Florist and flower shops.

(x)

Bowling alleys, that such establishments are not located closer than five hundred (500) feet to a residential district, unless such building is so constructed as to prevent the emission of sound and vibration.

(y)

Billiards, game rooms and similar indoor entertainment uses.

(z)

Commercial retail uses not exceeding ten thousand (10,000) square feet of useable floor area.

(aa)

Hotels.

(bb)

Postal/package/parcel services.

Permitted uses limited to upper floors only:

(cc)

Administrative and professional offices, located in upper floor and first floor, nonstore front location

(3)

The following storefront uses on the first floor of buildings facing Washington Avenue and Krome Avenue located in the geographic boundary areas referenced above shall be permitted by special exception approval in accordance with sections 30-45 of this chapter:

(a)

Commercial retail uses which are not otherwise listed as a permitted use in subsection (d)(2) above, provided such use does not exceed ten thousand (10,000) square feet of useable floor area.

(Ord. No. 73-10-46, § XVI, 12-18-73; Ord. No. 78-07-51, § 1, 7-24-78; Ord. No. 88-06-42, § 2, 7-5-88; Ord. No. 89-07-60, § 1, 8-7-89; Ord. No. 89-11-93, § 1, 11-20-89; Ord. No. 90-06-29, § 3, 7-2-90; Ord. No. 2008-09-28, § 4, 9-15-08; Ord. No. 2014-04-04, § 3, 5-21-14; Ord. No. 2015-06-05, § 3, 6-17-15; Ord. No. 2022-04-08, § 2, 4-27-22; Ord. No. 2024-04-07, § 2, 4-17-24; Ord. No. 2025-04-08, § 2, 4-16-25)

Cross reference— Unusual uses in the B-2 district requiring special public hearing, § 30-531.

No minimum requirements except that in no case shall a multiple dwelling be erected on a site which provides an area less per family than is required under the minimum area provisions stipulated for the R-2, R-3 and R-4 districts.

(Ord. No. 73-10-46, § XVI, 12-18-73)

(a)

Front yard requirements. Setbacks on all retail commercial property shall be twenty (20) feet unless setback is already established at a lesser distance by two (2) or more buildings in the block, but no setback shall be less than fifteen (15) feet. For R-1, R-2, R-3 and R-4 uses, front yard requirements shall be the same as required under that particular use district. For zoned properties abutting Krome Avenue, the front yard setback shall be reduced to a minimum of five (5) feet. However, if two (2) adjoining (touching) buildings are less than five (5) feet from such setback, the new structure may come to the building line of the two (2) adjoining buildings, even if same is less than five (5) feet. These setback requirements shall not pertain to the "fringe and core" areas located on Krome Avenue, if the setback amendments would violate more liberal setback requirements which had been previously granted to those areas.

(b)

Side yard requirements. No side yard required, except as use of R-1, R-2, R-3 and R-4, where side yard requirements shall be the same as required under that use district.

(c)

Rear yard requirements. There shall be a rear yard not less than twenty (20) feet in depth, except as use of R-1, R-2, R-3 and R-4, where rear yard requirements shall be the same as required under the use district.

(d)

Side and rear setbacks abutting residential zones. In any B-1 or B-2 zone abutting A-1, A-2, R-1, R-2, R-TH, R-CH, R-3 or R-4 zones, the side setbacks shall be a minimum of ten (10) feet and the rear shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, §§ III(17), XVI, 12-18-73; Ord. No. 94-02-16, § 2, 3, 2-21-94)

Cross reference— Side setbacks, § 30-404.

There shall be a minimum of five hundred (500) square feet of floor space are per store for retail commercial use. If R-1, R-2, R-3 and R-4 use, floor area will be the same as required under that use district.

That as an alternative to the minimum five hundred (500) square feet of floor area per commercial use, as set forth above, additional licenses may be issued to the same address subject to the following conditions:

(a)

That the original structure has a minimum of five hundred (500) square feet of floor area.

(b)

That each desk for which a license is applied, would have no inventory on the premises.

(c)

That each desk license shall provide one (1) car space over and above the minimum as set forth in the parking requirements.

(d)

That each desk license application shall provide a floor plan showing the location of all desk area, halls, exits, bathrooms, etc.

(e)

That a maximum of three (3) licensed desks for alternative uses shall be granted per five hundred (500) square feet of floor area in each structure.

(f)

That each licensed application shall have a site plan showing additional parking spaces, if required, with striping, bumpers and driveways where required.

(g)

That each licensed application shall meet all other requirements under the zoning code.

(Ord. No. 73-10-46, § XVI, 12-18-73; Ord. No. 74-06-33, § 3, 7-1-74; Ord. No. 88-9-61, § 1, 9-19-88; Ord. No. 2022-04-08, § 2, 4-27-22)

The parking, landscaping and sidewalk requirements are in the chart entitled schedule of zoning regulations on file in the city clerk's office.

(Ord. No. 73-10-46, § XVI, 12-18-73)

Pre-engineered buildings will be considered for erection within a B-2, B-3 or all I districts provided all fire and building codes are met and proper engineering drawings with calculations are submitted to the proper authorities.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Editor's note— Section 30-287 has been included herein pursuant to instructions of the city and the adoption of Ord. No. 89-03-18, adopted Mar. 20, 1989.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed eighty-five (85) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 10(30-295.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 10, adopted Oct. 18, 2004, supplied provsions to be set out as § 30-295.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-289 to read as set out herein.

No building or land in the B-3 liberal business district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose unless otherwise provided for except for one (1) or more of the following uses; and provided further that all operations of work of every character are carried on entirely within the enclosing walls and under the roof of a building constructed in accordance with the requirements herein provided:

(1)

Every use permitted in the B-1 and B-2 districts, except R-1, R-2, R-3 and R-4 districts;

(2)

Airports, airplane hangers or airplane repair shops;

(3)

Ambulance business;

(4)

Amusement enterprises;

(5)

Animal hospitals (or veterinarian clinics) provided the building is fully air conditioned and properly soundproofed, boarding permitted;

(6)

Assembly of electrical appliances, electronic instruments, and devices, radios, phonographs and television sets;

(7)

Automobile and truck services and facilities including:

(a)

Open lot car sales;

(b)

Open lot car rentals;

(c)

Automobile parts, secondhand, from building only;

(d)

Automobile painting, top and body works;

(e)

Automobile garage or repair shop for the mechanical, electrical, body and upholstery repairs;

(8)

Awning stores and shops for making of cloth awnings or canopies, retail sales only;

(9)

Bakeries, retail and wholesale;

(10)

Barbecue stands or barbecue pits, provided that establishments using wood burning for cooking are permitted only upon approval at a public hearing;

(11)

Beverage and liquor distributors;

(12)

Bottling of beverages;

(13)

Cabinet making or carpentry shops;

(14)

Cold storage warehouses and pre-cooling plants;

(15)

Contractors plants and storage yards, providing the area used is enclosed by a building or by a wall not less than six (6) feet in height;

(16)

Dry cleaning and dyeing establishments;

(17)

Engines, gas, gasoline, steam and oil, sales and service;

(18)

Feed, hay and other livestock supplies;

(19)

Fence storage and sales;

(20)

Fertilizer stores, retail only;

(21)

Fish market, wholesale or retail, selling of sea foods, and only by special exception permit from the city council;

(22)

Fruit packing, fruit preserving, retail sales;

(23)

Garage or mechanical services;

(24)

Glass and mirror shops;

(25)

Hardware store, warehouse type, in excess of two thousand (2,000) square feet building area, with outside storage permitted only if enclosed by a masonry wall at least eight (8) feet in height;

(26)

Jewelry assembling from such prepared materials as the following: Precious or semi-precious metals or stones, bone, cellophane, feathers, glass and plastics;

(27)

Lawn and garden shops;

(28)

Lawnmower shops, retail, sales and service;

(29)

Locksmith shops, sharpening and grinding shops;

(30)

Motion picture, television and recording studios (in wholly soundproof buildings);

(31)

Motorcycle sales and repairs;

(32)

Pawnshops;

(33)

Publishing companies;

(34)

Railroad motor truck and water freight and passenger stations;

(35)

Rental agency, personal property, such as office supplies, appliances, etc.;

(36)

Rental of small hand and power tools;

(37)

Secondhand stores for the disposal of furniture, fixtures, tools and the like. Any merchandise outside of the building is to be enclosed by a six-foot masonry wall;

(38)

Ship chandlery;

(39)

Storage in fireproof warehouses of clothing, dry goods, furniture, hardware and household goods;

(40)

Taxi cab companies;

(41)

Television and radio broadcasting stations, including studio, transmitting station and tower, power plants and other incidental and unusual uses permitted to such a station;

(42)

Tinsmith, roofers and masonry contractors;

(43)

Tire vulcanizing and retreading or sale of used tires;

(44)

Transfer companies;

(45)

Truck storage, only within an enclosed building or an area enclosed by a CBS wall;

(46)

Upholstering and furniture repairs;

(47)

Wholesale salesrooms and storage rooms.

** At all manufacturing establishments or rebuilding or repairing places which may be permitted in the B-3 district, all manufacturing operations and rebuilding or repairing shall be carried on entirely within a substantial building enclosed with walls and roof. No operations of any kind shall be of such a nature as to become offensive or noxious to adjacent property owners or residents by reason of the emission of odors, fumes, gases, dust, smoke, soot, noise or vibrations. Outdoor storage areas within the B-3 district shall be effectively screened from view by fences, walls or other visual barriers, in accordance with the requirements of section 30-487.

(Ord. No. 73-10-46, § XVII, 12-18-73; Ord. No. 86-04-16, § 2, 5-5-86; Ord. No. 88-06-42, § 3, 7-5-88; Ord. No. 90-06-29, § 4, 7-2-90; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2003-06-23, § 25, 6-23-03; Ord. No. 2006-06-29, § 2, 7-17-06)

There are no minimum building site requirements in the B-3 district.

(a)

Front yard requirements. The front yard setback requirement shall be the same as in the B-1 and B-2 district.

(b)

Side yard requirements. There are no side yard requirements in the B-3 district.

(c)

Rear yard requirements. There shall be a rear yard not less than twenty (20) feet in depth, except as use of R-1, R-2, R-3 and R-4, where rear yard requirements shall be the same as required under the use district.

(d)

Side and rear setbacks abutting residential zones. In any B-1, B-2 or B-3 zone abutting A-1, A-2, R-1, R-2, R-TH, R-CH, R-3, or R-4 zones, the side setbacks shall be a minimum of ten (10) feet and the rear shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, §§ III(17), XVI, 12-18-73)

Cross reference— Cross reference—Side setbacks, § 30-404.

There shall be a minimum of five hundred (500) square feet of floor area per store for commercial use in the B-3 district.

That as an alternative to the minimum five hundred (500) square feet of floor area per commercial use, as set forth above, additional licenses may be issued to the same address subject to the following conditions:

(a)

That the original structure has a minimum of five hundred (500) square feet of floor area.

(b)

That each desk for which a license is applied, would have no inventory on the premises.

(c)

That each desk license shall provide one (1) car space over and above the minimum as set forth in the parking requirements.

(d)

That each desk license application shall provide a floor plan showing the location of all desk area, halls, exits, bathrooms, etc.

(e)

That a maximum of three (3) licensed desks for alternative uses shall be granted per five hundred (500) square feet of floor area in each structure.

(f)

That each licensed application shall have a site plan showing additional parking spaces, if required, with striping, bumpers and driveways where required.

(g)

That each licensed application shall meet all other requirements under the zoning code.

(Ord. No. 88-9-61, § 1, 9-19-88)

Pre-engineered buildings will be considered for erection within a B-2, B-3 or all I districts provided all fire and building codes are met and proper engineering drawings with calculations are submitted to the proper authorities.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Editor's note— Section 30-305.1 has been included herein pursuant to instructions of the city and the adoption of Ord. No. 89-03-18, adopted Mar. 20, 1989.

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed eighty-five (85) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 11, 10-18-04)

(a)

No building or land in the I-1 light industrial district shall be used, and no building shall be erected, constructed, reconstructed or structurally altered, which is designed, arranged or intended to be used or occupied for any purpose, other than one (1) or more of the following uses:

(1)

Any use permitted in the B-3 and I-1 districts with the exception of day care centers, nurseries, or schools unless otherwise permitted by special exception as set forth in subsection (d) below;

(2)

Canning factories not nearer than two hundred (200) feet to an R district;

(3)

Furniture manufacturing when located not nearer than two hundred (200) feet to an R district;

(4)

Hydroponic farming;

(5)

Ice storage manufacturing of not less than twenty (20) ton capacity;

(6)

Insecticide manufacturing;

(7)

Leather goods manufacturing, excluding tanning;

(8)

Light manufacturing that does not produce offensive odors, fumes, gases, dust, smoke, vibration or noise;

(9)

Lumber yards when located not nearer than two hundred (200) feet to an R district;

(10)

Machine shops;

(11)

Packing plants, fruits, vegetables, meats, etc.;

(12)

Poultry markets;

(13)

Radio and television towers and transmitters, if approved by the FCC and FAA;

(14)

Railroad, motor trucks and water freight and passenger stations;

(15)

Storage and handling of heavy equipment and industrial equipment;

(16)

Tire vulcanizing or retreading or sale of used tires;

(17)

Warehouses for storage, freight or wholesale distribution;

(18)

Welding shops and ornamental iron shops;

(19)

Yards for storage and sale of lumber and building materials;

(20)

Other industrial plants similar to those stated above.

(b)

All storage of materials and products and all operations of work of every character shall be carried on entirely within the enclosing walls or under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight (8) feet when the work is of a nature to be carried on the outside of the building. Alternative screening may be provided as set forth in section 30-488.

(c)

No R use shall be constructed within I-1 districts, except as set forth in subsection (d) below.

(d)

Notwithstanding the permitted uses as set forth above in subsection (a) of section 30-306 for I-1 zoning, the following permitted uses shall in addition to having the proper zoning require a special exception prior to the establishment of such use in a I-1 zone:

(1)

Canning factories;

(2)

Insecticide manufacturing;

(3)

Junk yards;

(4)

Poultry markets;

(5)

Trade or vocational schools subject to all applicable federal, state, and local requirements;

(6)

One (1) apartment attached to the industrial building for the operator of the industry only, and not for rental purposes;

(7)

Day care centers that are accessory to an established use to be utilized solely by the employees of the principal use and subject to all applicable federal, state, and local requirements; and

(8)

Recycling and transfer facility.

(9)

Athletic field.

(Ord. No. 73-10-46, § XVIII, 12-18-73; Ord. No. 90-10-73, § 1, 11-5-90; Ord. No. 2004-02-09, § 8, 3-15-04; Ord. No. 2012-05-10, § 3, 5-16-12; Ord. No. 2013-12-25, § 3, 12-18-13)

Cross reference— Unusual uses in the I-1 district requiring special public hearing, § 30-531.

There shall be no minimum area, side and rear yard requirements. Ample and adequate space and highway facilities shall be left adjacent to each industrial plant or other development to permit ready and easy access of firefighting apparatus in case of fire, and adequate parking spaces. One (1) parking space for each three (3) employees [shall be provided].

(Ord. No. 73-10-46, § XVIII, 12-18-73; Ord. No. 2004-10-41, § 12, 10-18-04)

No building shall be erected of other than masonry construction in any industrial district.

(Ord. No. 73-10-46, § XVIII, 12-18-73)

The front building line setback for industrial uses shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, § XVIII, 12-18-73)

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq. All parking and loading areas shall be paved.

(Ord. No. 2004-10-41, § 12, 10-18-04)

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

Pre-engineered buildings will be considered for erection within a B-2, B-3 or I district provided all fire and building codes are met and proper engineering drawings with calculations are submitted to the proper authorities.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Editor's note— Section 30-316 has been included herein pursuant to the instructions of the city and the adoption of Ord. No. 89-03-18, adopted Mar. 20, 1989.

No minimum side yard setback shall be required except when lots in the I-1 district abut lots zoned A-1, A-2, R-1, R-2, R-TH, R-CH, R-3 or R-4, or lots containing residential uses, in which case the minimum interior side yard setback adjacent to such zoning district or use shall be ten (10) feet.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed ninety (90) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 12(30-320.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 12, adopted Oct. 18, 2004, supplied provsions to be set out as § 30-320.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-320 to read as set out herein.

(a)

No building or land in the I-2 medium industrial district shall be used, and no building shall be erected, constructed, reconstructed or structurally altered, which is designed, arranged or intended to be used or occupied for any purpose, other than one (1) or more of the following uses:

(1)

Any use permitted in the B-3 and I-1 districts with the exception of day care centers, nurseries or schools unless otherwise permitted by special exception as set forth in subsection 30-306(d);

(2)

Yards and facilities for handling of petroleum products. All storage tanks shall be located at least twenty (20) feet from the outside property lines and must be surrounded by a wire fence eight (8) feet in height, such fence to be at least ten (10) feet from the tanks. Dike walls of earth with a minimum base of six (6) feet must surround the tank area, and be of such circumference as to contain two-thirds of the total tank capacities;

(3)

Yards and facilities for the storage and handling of natural, manufactured or mixed gases of any kind. If these products will be stored inside any building, an automatic sprinkler system shall be provided at all times. All storage facilities for natural, manufactured or mixed gases shall be examined quarter-annually by the fire chief and must comply at all times with the rules and regulations established by ordinances of the city;

(4)

Concrete products manufacturing;

(5)

Industries similar in nature to those mentioned herein and not prohibited by this chapter, and which do not produce offensive odors, fumes, gases, dust, smoke, vibration or noise.

(b)

All storage of materials and products and all operations of work of every character shall be carried on entirely within the enclosing walls or under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight (8) feet when the work is of a nature to be carried on the outside of the building. Alternative screening may be provided as set forth in section 30-488.

(c)

No R use shall be constructed within an I-2 district, except (i) one (1) apartment attached to industrial building for the operator of the industry only, and not for rental purposes, or use, and (ii) accessory day care centers, or trade or vocational schools upon receipt of a special exception as provided in section 30-306(d).

(d)

Those items contained in paragraphs (2) and (3) of section 30-321(a) shall not be allowed in I-2 zoning without obtaining a special exception approving such use in a I-2 zone. The following uses shall also be permitted upon special exception approval:

(1)

Recycling and transfer facility.

(2)

Junk yards.

(3)

Athletic field.

(Ord. No. 73-10-46, § XIX, 12-18-73; Ord. No. 90-10-72, § 1, 11-5-90; Ord. No. 2004-02-09, § 9, 3-15-04; Ord. No. 2012-05-10, § 4, 5-16-12; Ord. No. 2013-12-25, § 3, 12-18-13)

Cross reference— Oil and gas designated as unusual use requiring special public hearing, § 30-531(b); other uses in the I-2 district designated unusual uses requiring special public hearing, § 30-531.

There shall be no minimum area, side and rear yard requirements. Ample and adequate space and highway facilities shall be left adjacent to each industrial plant or other development to permit ready and easy access of firefighting apparatus in case of fire and adequate parking spaces. One (1) parking space for each three (3) employees shall be provided.

(Ord. No. 73-10-46, § XIX, 12-18-73; Ord. No. 2004-10-41, § 13, 10-18-04)

No building shall be erected of other than masonry construction in any industrial district.

(Ord. No. 73-10-46, § XIX, 12-18-73)

The front building line setback for industrial uses shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, § XIX, 12-18-73)

Pre-engineered buildings will be considered for erection within a B-2, B-3 or I district provided all fire and building codes are met and proper engineering drawings with calculations are submitted to the proper authorities.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq. All parking and loading areas shall be paved.

(Ord. No. 2004-10-41, § 13, 10-18-04)

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Editor's note— Section 30-331 has been included herein pursuant to the instructions of the city and the adoption of Ord. No. 89-03-18, adopted Mar. 20, 1989.

No minimum side yard setback shall be required except when lots in the I-2 district abut lots zoned A-1, A-2, R-1, R-2, R-TH, R-CH, R-3 or R-4, or lots containing residential uses, in which case the minimum interior side yard setback adjacent to such zoning district or use shall be ten (10) feet.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed ninety (90) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 13(30-335.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 13, adopted Oct. 18, 2004, supplied provisions to be set out as § 30-335.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-335 to read as set out herein.

(a)

No building or land in the I-3 heavy industrial district shall be used, and no building shall be erected, constructed, reconstructed or structurally altered, which is designed, arranged or intended to be used or occupied for any purpose, other than one (1) or more of the following uses.

(1)

Any use permitted in an I-1 district with the exception of day care centers, nurseries or schools, unless otherwise permitted by special exception as set forth in subsection 30-306(d);

(2)

Foundries;

(3)

Meat preparation plants, but slaughter houses shall not be permitted in the city;

(4)

Speedways for automobile and motorcycle racing;

(5)

Other industrial plants similar to those stated above.

(b)

All storage of materials and products and all operations of work of every character shall be carried on entirely within the enclosing walls or under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight (8) feet when the work is of a nature to be carried on the outside of the building. Alternative screening may be provided as set forth in section 30-488.

(c)

No R use shall be constructed within the I-3 district, except (i) one (1) apartment attached to an industrial building, for the operator of the industry only, and not for rental purposes, or use, and (ii) accessory day care facilities or trade or vocational schools upon receipt of a special exception as set forth in subsection 30-306(d). The following uses shall also be permitted upon special exception approval:

(1)

Recycling and transfer facility.

(2)

Junk yards.

(3)

Athletic field.

(Ord. No. 73-10-46, § XX, 12-18-73; Ord. No. 2004-02-09, § 10, 3-15-04; Ord. No. 2012-05-10, § 5, 5-16-12; Ord. No. 2013-12-25, § 3, 12-18-13)

There shall be no minimum area, side and rear yard requirements. Ample and adequate space and highway facilities shall be left adjacent to each industrial plant or other development to permit ready and easy access of firefighting apparatus in case of fire and adequate parking space. One (1) parking space for each three (3) employees shall be provided.

(Ord. No. 73-10-46, § XX, 12-18-73; Ord. No. 2004-10-41, § 14, 10-18-04)

No building shall be erected of other than masonry construction in any industrial district.

(Ord. No. 73-10-46, § XX, 12-18-73)

The front building line setback for industrial uses shall be a minimum of twenty (20) feet.

(Ord. No. 73-10-46, § XX, 12-18-73)

Pre-engineered buildings will be considered for erection within a B-2, B-3 or I district provided all fire and building codes are met and proper engineering drawings with calculations are submitted to the proper authorities.

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Parking shall be as required in section 30-431 et seq. All parking and loading areas shall be paved.

(Ord. No. 2004-10-41, § 14, 10-18-04)

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

The maximum building height shall be seventy (70) feet or six (6) stories whichever is less.

(Ord. No. 89-03-18, §§ 1, 2, 3-20-89)

Editor's note— Section 30-346 has been included herein pursuant to the instructions of the city and the adoption of Ord No. 89-03-18, adopted March 20, 1989.

No minimum side yard setback shall be required except when lots in the I-3 district abut lots zoned A-1, A-2, R-1, R-2, R-TH, R-CH, R-3 or R-4, or lots containing residential uses, in which case the minimum interior side yard setback adjacent to such zoning district or use shall be ten (10) feet.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed ninety-five (95) percent of the total lot area.

(Ord. No. 90-11-86, Pt. 3, 12-3-90)

Screening for all rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the department of development services.

(Ord. No. 2004-10-41, § 14(30-350.1), 10-18-04)

Editor's note— Ord. No. 2004-10-04, § 14, adopted Oct. 18, 2004, supplied provisions to be set out as § 30-350.1. In order to preserve the style of the Code, and provide ease in future supplementation, these provisions have been renumbered as § 30-350 to read as set out herein.

(a)

In the P parking district no building of any kind shall be constructed. The land in this district shall be used for parking purposes only in compliance with the specifications and requirements hereinafter provided.

(b)

All land in this district shall be hard surfaced before it may be used for parking. Hard surfacing shall be in accordance with such specifications as the city council may prescribe, and topped with asphaltic concrete or portland cement.

(c)

A wall shall be constructed around such perimeter of land and the P district as abuts or faces an existing residential area, excepting such openings as may be necessary to afford adequate ingress and egress. The wall shall be constructed before the land may be used for parking and shall meet the following specifications:

(1)

At places where land so zoned adjoins or faces property zoned for residential uses, the wall shall be five (5) feet in height;

(2)

Such walls shall be of masonry construction and shall be not less than six (6) inches thick;

(3)

Such walls shall be attractively painted, but no advertisements or signs other than such traffic signs as the chief of police may require or permit, shall be painted or posted on the walls;

(d)

The P district shall be designed so as to afford adequate ingress and egress. All entrances and exits shall be plainly marked.

(Ord. No. 73-10-46, § XXI, 12-18-73)

(a)

The person desiring to establish a P classification for any land shall submit a plan showing all entrances and exits, parking lines and aisles, and such other details as the city council may reasonably require.

(b)

No public hearing shall be conducted to establish any P district, unless and until such plan has been filed with the building and zoning director, and approved by the city council.

(c)

In considering any such plan the city council may prescribe specifications for walls in addition to those contained in section 30-351(c) as a condition precedent to approval of the plan, and may provide for landscaping and maintenance.

(Ord. No. 73-10-46, § XXI, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

It shall be unlawful for any person owning or having the control of land in P district to offer or permit such land to be used for any purpose or activity other than the parking of motor vehicles.

(b)

Nothing herein shall be deemed or construed to prevent the city from establishing, maintaining and operating on land in the P district a municipal parking lot and charging and collecting a fee for the parking of motor vehicles on such municipal parking lot whether by the use of parking meters or otherwise, which fee shall be in such amount or at such rate as the city council may prescribe by resolution.

(Ord. No. 73-10-46, § XXI, 12-18-73)

It is the policy and intention of the city in this division to encourage the owners and operators of business establishments to afford off-street parking for their patrons on property which is owned by them, and contiguous to their business premises.

(Ord. No. 73-10-46, § XXI, 12-18-73)

Fence restrictions shall be as provided in section 30-486 et seq.

Landscaping shall be as required in the applicable provisions of chapter 29.

Sidewalks shall be as required in section 24-41 et seq.

Signs shall be as provided in section 23-41 et seq.

(a)

Upon the annexation of any properties into the city, unless said property is developed property, the property shall be considered unclassified and unzoned by the City of Homestead and no permits will be issued until such time as the property shall be zoned in accordance with the laws and the master plan of the City of Homestead in the appropriate procedure as adopted by the municipality. If said property has previously been zoned and developed by Metropolitan Dade County, upon annexation, that property shall automatically become zoned the zoning classification within the City of Homestead which most nearly fits the developed use of said property; and should there be any variances from the zoning ordinances of the City of Homestead, said variances on said developed property shall be considered an existing nonconforming use and shall so be treated accordingly.

(b)

Upon the annexation of any properties into the city, if said property has been zoned AU by Metropolitan Dade County, said property will enter the City of Homestead zoned as AU under the agricultural zoning classification of the City of Homestead. Should such property be unzoned, but its history shall show that it has been used continuously over the years for agricultural uses, including but not limited to the farming and cultivating of row crops and/or groves, then said property shall come into the city as AU property and shall be zoned accordingly and shall not enter the city as unclassified and unzoned.

(Ord. No. 87-01-10, § 1, 2-2-87; Ord. No. 87-12-84, § 1, 12-21-87; Ord. No. 2002-07-21, § 1, 8-5-02)

The GP government property district is for property used by governmental agencies such as school boards, parks, public works, yards, housing authorities, etc.

(Ord. No. 73-10-46, § XXII, 12-18-73; Ord. No. 2022-04-10, § 2, 4-27-22)

Affordable housing shall be permitted in the GP government property district subject to a maximum density of thirty (30) dwelling units per net acre. Affordable housing may be permitted in the civic/government subarea of the SWPUN district subject to a maximum density of twenty-five (25) dwelling units per net acre, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as affordable housing for a minimum period of fifteen (15) years. Affordable housing developments proposed under this division shall be subject to regulating design guidelines and standards which are uniquely prepared for said proposed development and shall meet the unified site plan requirements set forth in section 30-47(a) of the Code and approved by the city council.

(Ord. No. 2022-04-10, § 2, 4-27-22; Ord. No. 2024-06-17, § 2, 6-26-24)

There is hereby established the RMH residential mobile home park district. The standards and setbacks and regulations in this district shall be as provided in section 27-46 et seq.

(Ord. No. 86-04-16, § 1, 5-5-86)

No land, body of water and/or structure shall be maintained, used or permitted to be used, and no structure shall be hereafter maintained, erected, constructed, moved, reconstructed or structurally altered or be permitted to be erected, constructed, moved, reconstructed or structurally altered for any purpose in an AU district which is designed, arranged, or intended to be used or occupied for any purpose other than the following:

(1)

All uses permitted in the R-1, A-1 or A-2 districts and subject to the restrictions thereof not inconsistent with this division.

(2)

a.

Barns and sheds used for cattle or stock and ancillary feed storage; provided such barns and sheds shall not be used for hogs and shall not be permitted unless approved after public hearing if located within two hundred fifty (250) feet of a residence under different ownership or if located within two hundred fifty (250) feet of an R or A district.

b.

Barns, sheds or other buildings used for the storage of equipment, feed, fertilizer, produce or other items ancillary with the use permitted in this section including packing plants limited to the handling of produce produced on the property. Such use shall be accessory to the agricultural use conducted on the property upon which the barns, sheds, or other buildings are located unless approved after public hearing before the city council and shall be fifty (50) feet from any residence under different ownership and any R or A zoned property unless approved after public hearing.

(3)

Cattle or stock grazing (not including hog raising).

(4)

Hog farms and hog raising shall be permitted only upon approval after public hearing.

(5)

Dairy barns shall be subject to approval by public hearing, if to be located within fifty (50) feet of a residence under separate and different ownership or if to be located within five hundred (500) feet of an R, A-1, A-2 district boundary.

(6)

Farms.

(7)

Groves.

(8)

Greenhouses, nurseries—Commercial.

(9)

Dude ranches and riding academies shall be permitted only upon approval after public hearing.

(10)

Horticultural farming—Commercial.

(11)

Hydroponics or other chemical farming.

(12)

Nurseries—Horticultural.

(13)

Commercial poultry raising: The raising of one hundred (100) poultry, or more, shall be considered as commercial poultry raising. Buildings housing poultry must be at least five hundred (500) feet from any EU or RU district boundary, and at least fifty (50) feet from any residence under separate ownership on any adjacent property.

(14)

Truck gardens.

(15)

One single-family permanent or temporary structure to house farm labor personnel will be permitted on a farm site for the first ten (10) acres (or less, if smaller, but not less than five (5) acres) and an additional one-family structure for each five (5) acres of additional land in said farm site will be permitted under the following conditions:

a.

Providing the structures are located a minimum of one hundred (100) feet from any property under separate and different ownership.

(16)

Except as submitted under item (15), temporary or permanent barracks or structures to house farm labor, may be erected only upon approval after public hearing.

(17)

Fish farms. Fish pools shall conform to setbacks for accessory buildings as provided herein.

(18)

Schools, including institutions of higher learning and primary and secondary schools only shall be permitted; provided, the school structures, buildings or improvements as well as all incidental school uses, are at least two hundred fifty (250) feet from the boundary, property or lot line.

(Ord. No. 87-12-85, § 1, 12-21-87; Ord. No. 2022-04-08, § 2, 4-27-22)

Lots for any use in AU district shall contain a minimum of five (5) acres, and have a minimum street frontage of two hundred (200) feet. Credit shall be given towards lot area requirements for right-of-way dedication from the site. Excerpts to the foregoing requirements shall be as follows:

(1)

Lots platted prior to the effective date hereof; or lots for which tentative plats have been approved as of the effective date hereof and finally approved and recorded within ninety (90) days from the said effective date; or lots purchased under a contract for deed or deeded prior to the effective date of this ordinance and which lots contain a minimum of one acre in lot area and have a minimum street frontage of one hundred and fifty (150) feet for any use provided for in this section except poultry raising; or lots for the raising of one hundred (100) poultry or more containing a minimum lot area of two and one-half (2½) acres. Credit shall be given or right-of-way dedication from the site for both frontage and area computations. If contiguous property of more than the minimum area and frontage indicated herein, but less than the five (5) acres required by this section is already under one ownership at the effective date of this ordinance, such property shall be considered as one parcel of land and cannot be divided or used except as one lot.

(2)

Lots platted or purchased under a contract for a deed or deeded prior to February 13, 1951, containing a minimum lot area of ten thousand (10,000) square feet and having a minimum street frontage of one hundred (100) feet may be used as a building site for residential use.

(3)

A lot rezoned to AU pursuant to application of either the director of the planning department or the director of the building and zoning department, or both, which does not meet the five-acre area or the minimum frontage requirements of this section may be used for any use permitted to the AU district where:

a.

The zoning immediately prior to such rezoning would have allowed the issuance of a building permit on said lot; and either

b.

Said lot was platted or a waiver of plat was approved prior to the effective date of the rezoning; or

c.

Said lot was the subject of an approval of tentative plat prior to the date of the rezoning and the plat was finally approved within one hundred twenty (120) days of the tentative plat approval; or

d.

Said lot was purchased under a contract for deed or deeded prior to the effective date of the rezoning, provided that if contiguous property is already under one ownership at the effective date of the rezoning, such property shall be considered as one parcel of land and cannot be divided or used pursuant to this subsection except as one lot.

Subsections 30-392(1) and (2) shall not apply to any lot which was rezoned to AU from another zoning district pursuant to application of the director of the planning department or the director of the building and zoning department, or both, subsequent to the effective date of this ordinance.

(Ord. No. 87-12-85, § 1, 12-21-87)

The maximum lot coverage for one (1) acre lots or larger shall be fifteen (15) percent of the total lot area and for the smaller lots (excepted under the previous section of this ordinance) shall be twenty-five (25) percent of the total lot area. There shall be no minimum or maximum lot coverage requirements on buildings housing poultry; nor on nursery buildings housing plants where the same are of glass, slats, saran, or of a similar type construction.

(Ord. No. 87-12-85, § 1, 12-21-87)

(a)

Minimum setback requirements for the one acre lots or larger shall be as follows:

From front property line, fifty (50) feet.

From rear property line, twenty-five (25) feet.

From interior side property line, fifteen (15) feet.

From side street property line, twenty-five (25) feet.

Minimum setback requirements for the smaller lots (ten thousand (10,000) square foot lots to one acre) shall be as follows:

From front property line, twenty-five (25) feet.

From rear property line, twenty-five (25) feet.

From interior side property line, fifteen (15) feet.

From side street property line, twenty-five (25) feet.

(b)

Minimum setbacks for accessory buildings are:

From front property line, seventy-five (75) feet.

From rear property line, seven and one-half (7½) feet.

Between buildings on same lot, parcel or tract of land, twenty (20) feet.

From interior side property line, twenty (20) feet.

From side street property line, thirty (30) feet.

Horticultural nursery buildings shall comply with accessory building setbacks, except that no minimum spacing need be provided between such structures on the same property and except that agricultural shade houses may be constructed to within thirty (30) feet of the front property line. Buildings housing poultry shall comply with accessory building setbacks, (except as otherwise provided in other sections of this ordinance), except that no minimum spacing need be provided between such buildings on the same property. Fence enclosures for poultry shall be the same as other fence requirements in this district.

(c)

Hogs, cattle and other stock shall not be placed closer than two hundred fifty (250) feet to a residential district and no enclosure for hogs shall be closer than five hundred (500) feet to a residence under separate and different ownership. No hogs, cattle or other stock shall be permitted closer than ten (10) feet to any highway right-of-way.

(Ord. No. 87-12-85, § 1, 12-21-87)

(a)

The minimum square footage of any principal structure shall be seven hundred fifty (750) square feet, except where a higher minimum may be established in a particular district, area or neighborhood, and except if the principal building be a nursery building, it may conform to accessory building setbacks, in which event no minimum cubic contents shall apply.

(b)

The maximum height of any building in this district shall be thirty-five (35) feet, two (2) stories.

(c)

All structures in the AU (Agricultural) district shall comply with all technical code requirements for the unincorporated area of the county, as the same may be provided for in this or other ordinances.

(Ord. No. 87-12-85, § 1, 12-21-87)

Permits shall be required and must be obtained for all structures erected, constructed, moved, reconstructed or structurally altered in this district. Fees shall be paid for all permits on all residential structures. For all nonresidential structures, fees shall be paid on all structures in excess of two hundred (200) square feet in area. All fees shall be paid in accordance with the fee schedule as otherwise provided for.

(Ord. No. 87-12-85, § 1, 12-21-87)

This district is designed to ensure the development of land and homes along the lines of traditional neighborhoods. The purpose is to allow homes on small lots, reduced setbacks, and with front porches facing the public street to encourage neighborliness and surveillance of the street; the placement of private parking along private service drives and the utilization of traditional architecture. Development features include on-street curb parking for visitors and mid-block private parks for small children.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

R-TND districts are subject to approval after a formal public hearing and shall be subject to the restrictions in this division.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

(a)

As part of the supplementary data required to complete an application for a formal public hearing for a R-TND development, a plot or site plan of the development, a typical tentative plan showing front elevations of the proposed houses, prepared by an architect, with an architectural seal, shall be submitted as part of such application and, if the application is approved, the R-TND development shall be in accordance with such plan.

(b)

A plot or site plan shall include, but shall not be limited to, location of buildings in relation to property and property lines, off-street parking spaces or bays, patios and service areas, including garbage disposal areas, landscaping, walls, public and private streets, driveways, all common facilities, open space and walkways, and utilities showing the same underground where such is required. In addition, typical lot size, square footage of each house shall be included as data on such plans.

(c)

If after approval of the plan a substantial change therein is desired, application may be filed as a special exception with the city council to modify or change such plan, all in accordance with this division and all provisions pertaining to R-TND's.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

Upon proper application to the local planning agency, a public hearing on the rezoning of property concerning a R-TND zoning district designation shall be held in accordance with the rules and regulations of the local planning agency and the local planning agency shall make a recommendation to the city council. Such recommendation is not binding on the city council. Such recommendation may either be approved or rejected by the city council. Based upon information before it, the city council may reach their own decision as to the final approval or denial of the proposed rezoning to the R-TND zoning district designation.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

In approving or denying a proposed R-TND development plan and/or R-TND zoning, the local planning agency and city council shall give due consideration to the proposed R-TND development plan and/or R-TND zoning application(s) and its compatibility with the existing development in the area and determine whether the proposed R-TND development and/or use would generate excessive noise or traffic, tend to create a fire hazard or provoke excessive, overcrowded or concentrated areas of persons or population. In approving a proposed R-TND development plan, the city council may vary, amend, or modify such development plan(s) in order to preserve the health, safety, welfare and morals and convenience of the neighborhood, the surrounding area and the city.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

Each R-TND unit shall be erected on its own individually platted lot. If areas for common use of occupants of a R-TND development are to be provided, these areas and developments are to be shown on the plat and shall not be approved until satisfactory arrangements are made for maintenance.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

The standards established in this division may be modified by approval after a public hearing before the city council in accordance with existing law where such variations when incorporated into the site plan illustrate that the purpose and intent of any modifications will be met by the overall development.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

Where applicable, development within the R-TND zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2003-06-24, § 18, 6-23-03)

The minimum size for the site to be developed for R-TND's shall be one (1) acre, but shall not encompass less than one (1) city block.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

A maximum height for any R-TND unit shall be thirty-five (35) feet.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

The minimum lot width of a R-TND unit shall not be less than forty (40) feet.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

No unit site shall contain an area of less than three thousand two hundred (3,200) square feet. Each unit shall have its foundation on its individual site, but in no event more than ten (10) units per acre.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

The minimum front building setback shall be ten (10) feet.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

The minimum rear yard building setback shall be twenty (20) feet, except where rear yard parking is allowed. There shall be a six-foot minimum rear setback for a garage, parking area or a solid roof screened patio.

(Ord. No. 95-06-41, § 3, 7-17-95)

A minimum side yard requirement of five (5) feet shall be provided between a unit and exterior side lot line. A spacing of not less than ten (10) feet shall be provided between any such units.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

Each R-TND site must have a clear, direct frontage to public streets.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

(a)

Each R-TND unit shall be independently served by separate heating, air conditioning, sewer, water, electrical power, or other facilities and utilities services, wherever such utilities and services are provided.

(b)

No unit shall be in any way dependent upon such services or utility lines located within another unit or on or in another unit site, except as may be installed in public easements.

(c)

All units must be connected to public or private water systems and sewer lines, and all electrical, telephone and CATV cable lines in a R-TND development site shall be placed underground.

(d)

Proper and adequate access for firefighting and access to service areas to provide garbage and waste collection and for other necessary services shall be provided.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

(a)

Two (2) off-street parking spaces shall be provided for each unit. Such parking space may be provided on the rear setback area or on a commonly owned and maintained off-street parking bay or facility. No parking space shall be more than one hundred fifty (150) feet by the most direct pedestrian route from the door of the unit it is intended to serve. A paved connector shall run from parking bay to building it is intended to serve.

(b)

If a common owned parking facility is provided, a minimum of two (2) parking spaces per unit shall be provided.

(c)

If parking is to be provided in the rear, the following provisions must be met:

(1)

Service drive. If there are existing alleys or private service drives and such are to be used as an ingress and egress, such must be paved.

(2)

Where rear parking is used. The rear setback of the building from the rear lot line is to be a minimum of six (6) feet and no sideyard shall be required. The service drive is to have a minimum width of twelve (12) feet.

(d)

If common area parking is provided, such parking must meet with provisions of section 30-164.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

All side and rear yards, patios, outdoor living areas on each R-TND unit site may be enclosed by a wall or fence affording complete screening. Such wall shall be constructed of concrete block, stucco, masonry, or other material, excluding wood and chain-link, having a life expectancy of not less than ten (10) years, and the minimum height of such wall shall be four (4) feet but not more than six (6) feet in height.

Fences constructed of alternative fencing materials, such as vinyl, composite or wrought iron, not to exceed four (4) feet in height, may be located in front and side yards on streets. Higher fences and walls up to six (6) feet in height may be installed in the back fifty (50) percent of the side yards and in all rear yards. Notwithstanding the foregoing, wood and chain-link fences shall be prohibited, except as otherwise provided in section 30-468 of the City Code.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22; Ord. No. 2025-05-14, § 2, 5-28-25)

Accessory storage buildings may be installed by the developer or owner, on the site of each R-TND dwelling unit within new R-TND developments. Such accessory storage buildings shall be depicted on the site plan or survey for the project or lot. Accessory storage buildings shall have a maximum floor area of eighty (80) square feet and a maximum height not to exceed seven (7) feet. Such buildings shall be confined to the walled or fenced area of the sites containing the unit; be constructed of material having a life expectancy of not less than ten (10) years; and be designed to have a compatible appearance with the principal buildings in the R-TND development. If accessory storage buildings are attached to the principal building on the site, they shall comply with the setback requirements applicable to the principal buildings. Detached storage buildings shall be set back at least five (5) feet from side and rear lot lines and at least ten (10) feet from the principal building.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

R-TND developments shall meet all fire safety requirements.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

(a)

Provisions satisfactory to the city shall be made to ensure that nonpublic areas and facilities for the common use of occupants of a R-TND development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayers of the city.

(b)

This may be provided by the incorporation of an automatic membership home association or title may be held by an independent party related to the development for the purpose of continuously holding title to such nonpublic areas and facilities levying assessments against each house lot, whether improved or not, for the purpose of paying taxes and maintaining such nonpublic areas and facilities which may include, but not be limited to, recreation areas, off-street parking bays, private streets, service drives, sidewalks, street lights and common open and landscaped areas.

(c)

Such assessments shall be a lien superior to all other liens save and except applicable assessment tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secured indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years.

(d)

Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers.

(e)

The instrument incorporating such provisions shall be reviewed by the city attorney for approval as to form and legal sufficiency and recorded in the public records of Miami-Dade County, Florida, subsequent to site plan and/or plat approval, and provided such instrument has been approved by the city attorney.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

Notwithstanding anything to the contrary in this division, no obstruction to visibility at street intersections, common or public, shall be permitted, and such visibility clearances shall be as required by the department of public works or other city ordinances except that picket fences not to exceed four (4) feet high may be allowed on corner lots. Lots with sideyards abutting service drives will not be considered corner lots.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

Landscaping shall be as required in the applicable provisions of chapter 29.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

Sidewalks shall be as required in section 24-41 et seq.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

Signs shall be as provided in section 23-41 et seq.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

Total lot coverage by buildings, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed sixty (60) percent of the total site area contained in a R-TND development.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

No building or land in the R-TND district shall be used and no building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for use as a one-family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with room and bath, but no kitchen, to be used as servant's quarters only. The addition of an additional sink, stove or other fixtures or appliances for like purposes shall constitute evidence that the intent of this division has been violated.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

The following additional uses shall be permitted in the R-TND district, subject to setbacks, yard, height and other restrictions as follows:

(1)

Accessory buildings and uses incidental to each single-family residence when placed on the same lot or parcel of land in accordance with requirements and restrictions of this section.

(2)

Playgrounds, parks or reservations owned and operated by the city.

(Ord. No. 95-06-41, § 3, 7-17-95; Ord. No. 2005-06-22, § 6, 7-5-05)

All laws, ordinances, rules and regulations of the city, including, but not limited to subdivision control, zoning, parking, landscape, sidewalk, signs, etc. shall be applicable to a planned urban neighborhood (PUN) district except wherein the laws, ordinances, rules and regulations are in conflict with the terms and conditions of this article, in which case this article shall take precedence.

(Ord. No. 2009-10-28, § 2, 10-19-09)

The purpose of the planned urban neighborhood (PUN) zoning district is to encourage compact, mixed-use development comprised of residential and nonresidential uses such as commercial, office, civic and institutional, recreation and open space, and hotel. A PUN is a master planned area. Each individual PUN zoning district is required to have an adopted and approved neighborhood master plan. The PUN zoning category sets broad minimum and maximum requirements, which are further defined by the subareas within the individual neighborhood master plan.

(Ord. No. 2009-10-28, § 2, 10-19-09)

A PUN district shall be a minimum of twenty-five (25) acres in size.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Permitted uses and prohibited uses shall be defined and detailed within an adopted and approved neighborhood master plan, and summarized within this article of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Development standards shall be defined and detailed within an adopted and approved neighborhood master plan, and summarized within this article of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

A PUN zoning district may be established only for an area that: 1) has an adopted and approved neighborhood master plan; and 2) has a PUN future land use map (FLUM) designation pursuant to the city's adopted comprehensive plan.

The establishment for a neighborhood master plan shall be made by the request of the city council.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Variances from dimensional requirements or waivers from any other criteria are discouraged; however, a variance may be granted by the city council provided that the applicant meets the standards pertaining to a variance provided from within. Notwithstanding the foregoing limitations, variances or waivers from the standards and requirements of the City Code may be granted administratively for development located within the downtown mixed use multi-modal transportation overlay district.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2017-04-03, § 2, 4-26-17)

Development applications shall be processed consistent with the city's development application review requirements. However, any development application for new construction that meets the full requirements of an approved neighborhood master plan may not be required to obtain approval from local planning agency or the city council, if this option is set forth in the enabling neighborhood master plan. Only development applications for redevelopment of existing structures, or new development which require dimensional variances or waivers for those permitted to be considered, shall be required to obtain city council approval. All code interpretations are to be made by the director of development services. Any appeal of the director's decision shall be heard by the city council. Notwithstanding the foregoing limitations and development approval process, development applications may be processed and approved administratively for properties located within the downtown mixed use multi-modal transportation overlay district.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2017-04-03, § 2, 4-26-17; Ord. No. 2022-04-08, § 2, 4-27-22)

The neighborhood master plan shall be approved by the city and shall serve as the development code for the designated neighborhood within the PUN zoning district. Amendments to the neighborhood master plan require an application to the department of development services. The requirements of such application shall be determined by the director of development services. In addition, the applicant shall be required to notify all property owners within five hundred (500) feet of the requested change by written notification ten (10) days prior of submittal and shall further provide notification for all public hearings. Any modification to any portion of the neighborhood master plan requires a recommendation by the local planning agency to the city council. The city council shall approve any amendment to the neighborhood master plan by ordinance. All proposed amendments shall be consistent with the city's comprehensive plan and the policies establishing the neighborhood master plan.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2022-04-08, § 2, 4-27-22)

The maximum net residential density for a PUN shall not exceed twenty (20) dwelling units per acre for a single residential parcel, and fifteen (15) dwelling units per acre as the average residential density for all subareas or districts that permit residential uses as identified within the neighborhood master plan. Notwithstanding the foregoing density restrictions, (i) a single residential parcel designated PUN Subarea: Traditional Multi-family Neighborhood, may be developed utilizing a maximum net residential density of thirty-one (31) dwelling units per acre for a mixed-use multi-family senior residential community, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as senior and/or elderly housing; and (ii) civic/government subarea may be developed with affordable housing utilizing a maximum density of twenty-five (25) dwelling units per net acre, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as affordable housing for a minimum period of fifteen (15) years.

The maximum density established which allows PUN densities to exceed fifteen (15) units/acre is provided for within City Code subsection 30-457(b) regarding "area plans."

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2021-06-08, § 2, 6-16-21; Ord. No. 2024-06-17, § 2, 6-26-24)

The approved neighborhood master plan shall define the uses permitted in the PUN. Permitted uses may be restricted to various subareas within the master plan. Where appropriate, the individual subareas will also list prohibited uses.

(Ord. No. 2009-10-28, § 2, 10-19-09)

A PUN may define individual subareas, which regulate uses and provide development standards within such areas. The boundaries and development standards for individual subareas shall be defined within the neighborhood master plan.

(Ord. No. 2009-10-28, § 2, 10-19-09)

The following areas have been designated as Planned Urban Neighborhoods (PUNs) within the City of Homestead:

SOUTHWEST PLANNED URBAN NEIGHBORHOOD

Acreage: Approximately three hundred and fifty-six (356) acres

General location: The area bounded by Lucy Street (SW 328th Street) on the south, U.S. 1/SE 2nd Drive/Krome Avenue on the east, Mowry Drive (SW 320th Street) on the north, and Redland Road on the west. Exact boundaries and maps of the southwest planned urban neighborhood are provided within the adopted southwest neighborhood master plan. The official boundary map of the southwest PUN shall be available in the department of development services.

Density/intensity of land use:

SOUTHWEST PLANNED URBAN NEIGHBORHOOD (SWPUN) (General Standards):

Except as otherwise provided in the downtown mixed use multi-modal transportation overlay district, the SWPUN general standards set forth in sections 30-396.47—30-396.61 shall not be applicable.

(Ord. No. 2017-04-03, § 2, 4-26-17)

The purpose of southwest planned urban neighborhood (SWPUN) is to promote the redevelopment of the southwest neighborhood by encouraging a mix of uses, providing a development guide for redevelopment consistent with smart growth and good urban design principles, increasing housing and economic development opportunities, and creating a pedestrian friendly environment.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2011-12-25, § 2, 12-14-11; Ord. No. 2012-05-09, § 2, 5-16-12)

The maximum net residential density for the SWPUN shall not exceed twenty (20) dwelling units per acre for a single residential parcel, and fifteen (15) dwelling units per acre as the average residential density for all subareas or districts that permit residential uses as identified within the neighborhood master plan. However, density may be further restricted within each of the individual subareas. Notwithstanding the foregoing density restrictions, (i) a single residential parcel designated PUN Subarea: Traditional Multi-family Neighborhood, may be developed utilizing a maximum net residential density of thirty-one (31) dwelling units per acre for a mixed-use multi-family senior residential community, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as senior and/or elderly housing; and (ii) civic/government subarea may be developed with affordable housing at a maximum density of twenty-five (25) dwelling units per net acre, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as affordable housing for a minimum period of fifteen (15) years.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2021-06-08, § 2, 6-16-21; Ord. No. 2024-06-17, § 2, 6-26-24)

Permitted uses are determined within the individual SWPUN subareas as defined in the neighborhood master plan. Where appropriate, the individual subareas will also list prohibited uses.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Existing buildings and uses within the southwest planned urban neighborhood that do not conform to the provisions of the master plan shall be allowed to continue. The non-conforming structures and uses within the SWPUN shall be regulated by the article V of the city's zoning code (section 30-546 et al.) regarding non-conformities. Time limitations established in article V for discontinued non-conforming uses and the replacement of non-conforming structures shall be extended to one (1) year for non-commercial uses and one hundred eighty (180) days for commercial uses. One (1), ninety-day extension to these time limitations may be granted by the director of development services due to natural disaster or upon a showing that the applicant presents reasonable evidence that the vacancy or discontinuation of the non-conforming use or structure is a result of unforeseen difficulties beyond the control of the applicant.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Minimum and maximum height restrictions are determined by the various SWPUN subareas as defined in this article and the neighborhood master plan. The maximum height within the entire SWPUN is five (5) stories and shall not exceed seventy (70) feet.

(Ord. No. 2009-10-28, § 2, 10-19-09)

The minimum lot size for residential development permitted within the SWPUN is five thousand (5,000) square feet. Various SWPUN subareas can further restrict permitted lot sizes. However, detached single-family residential structures may be constructed on parcels as small as three thousand six hundred (3,600) square feet if, on the same block, other detached single-family residential structures exist on lots of the same size, less than five thousand (5,000) square feet. Existing platted lots which are less than the minimum lot size required may be developed provided documentation is provided which illustrates the platted lot dimensions.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Porches and stoops extending beyond the face of the building and balconies are permitted as set forth within the building types and regulations section of the southwest neighborhood master plan.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Fences/walls requirements are determined by the building types and regulations as set forth in the southwest neighborhood master plan. Where the master plan does not determine fence requirements, fence restrictions shall be as provided in section 30-468 et seq. of the City Code, except that wood and chain-link fencing shall be prohibited within residential and mixed-use developments containing the following building types: single-family (SF), townhouse (TH), apartment/condominium (AP), mixed-use (MU), neighborhood commercial (NC), and civic/government (CG). Notwithstanding this prohibition, wood fencing may be permitted for residentially developed properties, provided such properties are located within a development that is governed by an active homeowners association (HOA) or condominium association formed in accordance with F.S. chs. 720 and 718 respectively. Mesh or similar type screening shall be prohibited on existing chain-link fencing, which is deemed to be a legal nonconforming structure pursuant to this chapter, and shall be removed by December 31, 2025. Mesh or similar type screening on chain-link fencing may only be replaced with such screening consisting of composite woven slats or inserts.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2025-05-14, § 2, 5-28-25)

Landscaping shall meet the landscaping requirements as described in the building types and regulations section of the southwest neighborhood master plan. Where the master plan does not determine landscaping requirements, landscaping shall meet the applicable provisions of chapter 29 of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Roadway dimensions shall be based on the street types and typical street cross sections set forth in the southwest neighborhood master plan.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Sidewalks dimensions shall be based on the street types and typical street cross sections set forth in the southwest neighborhood master plan. Sidewalks shall have a minimum of five-foot clear access width from any obstructions at all times. Where the master plan does not determine sidewalk requirements, sidewalks shall be as required in section 24-41 et seq. of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Signs shall be required as set forth in the building types standards section of the southwest neighborhood master plan. Where the master plan does not determine sign requirements, sign regulations shall be as required in section 23-41 et seq. of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Parking requirements are determined by the southwest neighborhood master plan. Required parking must be provided on site or on public or private lots within six hundred (600) feet as provided for and permitted by the city. A payment for use of public spaces may be required by the city. Independent buildings with less than twenty-five (25) feet of frontage shall not be required to provide off-street parking. On-street parking spaces shall be a minimum of eight (8) feet wide and twenty-three (23) feet long. Landscape islands with a minimum dimension of ten (10) feet long by eight (8) feet wide shall be placed between every four (4) parallel parking spaces, where feasible. Where parking requirements are not set forth within the master plan, parking shall be as required in section 30-431 et seq. of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Continuous curb cutouts shall be prohibited. Driveways shall be limited to a one-way width of twenty (20) feet for commercial property. If two-way traffic is required, a maximum width of thirty (30) feet is allowed for any property.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Swales shall be located in the rear or side yards, and shall be buffered by a fence or hedge screen.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Dumpsters shall be required as set forth in the building types and regulations section of the southwest neighborhood master plan. Where the master plan does not determine dumpster restrictions, regulations shall be as provided in section 23.5-61 et seq. of the City Code.

(Ord. No. 2009-10-28, § 2, 10-19-09)

Lighting shall be consistent with the requirements set forth within the southwest neighborhood master plan, and within the city's street light design guidelines (section 32-21 of the City Code). If there is a conflict between the southwest neighborhood master plan and the city's street light design guidelines, the director of development services shall determine which standards shall apply.

(Ord. No. 2009-10-28, § 2, 10-19-09)

All rooftop equipment including, but not limited to mechanical equipment and vents, shall be screened by a parapet wall or similar solid materials as may be approved by the director of development services.

(Ord. No. 2009-10-28, § 2, 10-19-09)

All building permit submittals for six (6) of more residential units within the SWPUN in any twelve-month period shall comply with the city's affordable housing policy, as defined by F.S. § 420.004(3), as may be amended.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2024-06-17, § 2, 6-26-24)

The southwest planned urban neighborhood consists of eight (8) subareas, each with their own set of development standards. The development standards for each subarea are designed to promote a consistent development pattern throughout each subarea and throughout the entire southwest neighborhood.

The subareas are listed as follows:

•  Traditional single-family neighborhood.

•   Traditional multifamily neighborhood.

•  Neighborhood mixed use.

•  Downtown mixed use.

•  Commercial.

•  Industrial.

•  Civic/government.

•  Parks/open space.

Subareas:

Traditional Single Family Neighborhood

Purpose: The intent of this subarea is to create a single-family neighborhood that provides a range of housing types to serve a wide range of households, family sizes, ages, cultures and incomes. This subarea is characterized by predominately single-family residences in a village setting encouraging a pedestrian-friendly environment reminiscent of the historic character in the city.

Permitted uses:

• Residential.

• Ancillary retail is restricted to not more than five thousand (5,000) square feet.

• Community residential homes, type 1.

• Churches or Places of Worship

Maximum density:

• Six (6) units per acre.

Height: Up to three (3) stories not to exceed forty-two (42) feet dependent on building types and regulations as set forth in the southwest neighborhood master plan.

Building type:

• Detached single-family

• Townhouse—No more than four (4) units in a row shall be permitted.

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Minimum lot size:

Five thousand (5,000) square feet.

Building placement (Setbacks):

A.

Front:

Minimum—Ten (10) feet.

Maximum—Twenty (20) feet or twenty (20) percent of the lot depth (whichever is less).

B.

Side: Minimum—Five (5) feet for each side and a total of twenty (20) percent of the lot width for both sides.

C.

Rear: Minimum five (5) feet.

Lot coverage: (includes buildings, parking)

Maximum—Fifty-five (55) percent.

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan.

Access: Alley access of garages and parking areas is encouraged for lots of greater than sixty (60) feet deep. Vehicle access is permitted from side streets; if alley access is not available parking may be provided by a single twelve (12) feet wide driveway connected to the adjacent street.

Required parking: One (1) off-street space for every unit. Lots which are platted at less than twenty-five (25) feet wide are not required to provide off-street parking.

Parking structures: Prohibited.

Additional provisions:

• Ancillary retail use is restricted to corner properties and shall not consist of more than five thousand (5,000) square feet. The ancillary retail building shall be designed using the development standards provided for within the neighborhood commercial building type.

Traditional Multifamily Neighborhood

Purpose: The multifamily neighborhood is located predominately at the edges of the single family neighborhoods. This subarea should fit seamlessly with the single family neighborhood in design and physical connections. The goal of this subarea is to provide a variety of housing types to serve a wide range of households. The only major difference between the traditional single-family neighborhood and this subarea is the relative density of the blocks and the general heights of the buildings. The buildings will still address the street within a pedestrian-friendly environment.

Permitted uses:

• Residential.

• Ancillary retail is restricted to not more than five thousand (5,000) square feet.)

• Community residential homes, types 1 and 2.

• Funeral Home.

• Churches or Places of Worship.

Special exception uses:

• Assisted living facilities, if approved by the city council as a special exception use in accordance with section 30-45 and section 30-475 of the Code.

Density: Twenty (20) units per acre, except a single residential parcel may be developed utilizing a maximum net residential density of thirty-one (31) dwelling units per acre for a mixed-use multifamily senior residential community, provided that all residential units shall be reserved, dedicated and restricted exclusively for use as senior and/or elderly housing.

Height: Minimum of two (2) and a maximum of five (5) stories not to exceed seventy (70) feet depending on building types and regulations as set forth in the southwest neighborhood master plan.

Building type:

• Townhouses. No more than eight (8) townhouse units in a row shall be permitted.

• Apartment/condominium.

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty (20) feet for townhouse.

Building placement (Setbacks):

A.

Front:

Minimum—Ten (10) feet.

Maximum—Twenty (20) feet or twenty (20) percent of the lot depth (whichever is less).

B.

Side: Minimum—Five (5) feet.

C.

Rear: Minimum—Five (5) feet.

Lot coverage: (includes buildings, parking) Maximum—Seventy (70) percent.

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park on the front property line.

Parking placement:

Location/placement: On-site parking is allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Alley access of garages and parking areas is encouraged for lots of greater than sixty (60) feet deep.

Required parking: One (1) space per unit on-site; plus one (1) additional space for guests for every ten (10) spaces required for residents.

Parking structures: Allowed for apartment/condominiums. No portion of the structure shall be visible from the front or side of corner lots.

Additional provisions:

• Ancillary retail use is restricted to corner properties and not consist of more than five thousand (5,000) square feet. The ancillary retail building shall be designed using the development standards for the neighborhood commercial building type.

Neighborhood Mixed Use

Purpose: This subarea is designed to achieve the greatest flexibility of the subareas. The building types allowed within the neighborhood mixed-use subarea are encouraged to be designed and constructed so the first floors will permit easy conversion between residential and commercial uses. This subarea is generally a transition area between the residential subareas and the downtown mixed-use, industrial, and commercial subareas.

Permitted uses:

• Residential-attached.

• Hotels.

• Professional office.

• Retail (less than twenty-five thousand (25,000) square feet).

• Restaurant (less than ten thousand (10,000) square feet).

• Grocery store (less than forty thousand (40,000) square feet).

• Convenience stores with gas sales.

• Community residential homes, types 1 and 2.

• Funeral home.

• Churches or places of worship.

Prohibited uses:

• Self-service storage facilities.

Special exception uses:

• Assisted living facilities if approved by the city council as a special exception use in accordance with section 30-45 and section 30-475 of the Code; and

Maximum residential density: Fifteen (15) dwelling units per acre.

Height: Up to five (5) stories not to exceed seventy (70) feet depending on building types and regulations as set forth in the southwest neighborhood master plan.

Building type:

• Townhouse.

• Apartment/condominium.

• Mixed-use.

• Neighborhood commercial.

• General commercial.

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Building placement (Setbacks):

A.

Front:

Minimum—Five (5) feet.

Maximum—Fifteen (15) feet or fifteen (15) percent of the lot depth (whichever is less).

B.

Side/rear: Side and rear setbacks are not required unless an adjacent building existing at the time of development has windows facing side or rear; any new building abutting development shall then provide at least ten (10) feet of separation between the existing and new building; except for the first twenty (20) feet from the frontage line.

Lot coverage: (includes buildings, parking) Maximum—Seventy-five (75) percent.

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Alley access for garages and parking areas is encouraged for lots of greater than sixty (60) feet deep. Vehicle access is limited to one (1) curb opening a maximum of thirty (30) feet wide.

Required parking: One (1) space per residential unit; one (1) space for every three hundred (300) square feet of nonresidential, one (1) space for every one thousand (1,000) square feet of industrial.

Loading: One (1) loading space a minimum twelve (12) feet wide by twenty-five (25) feet long.

Parking structures:

Permitted. No parking structures may be placed at the frontage line. Parking structures that do not have liner uses a minimum of twenty (20) feet deep must be placed no less than forty (40) feet from the front property line. Floors of the structure with liner uses shall not count toward the story height limit. All portions of the structure visible from a public right-of-way shall be screened in a manner that is architecturally compatible with the main structure.

Additional provisions:

• Properties adjacent to the busway are required to provide a connection to the nearest point or access path to the busway. All buildings shall treat the facades facing the busway similar to the front facades.

Downtown Mixed Use

Purpose: This subarea is intended to function as an extension of the city's historic downtown and will provide the necessary services for the neighborhood and beyond. This subarea will combine commercial and residential land uses vertically and horizontally. The flexibility required in the neighborhood mixed-use subarea is not required in this subarea, but the intent is to ensure that the building form is dominant.

Permitted uses:

• Residential; permitted as a single-use only through special approval by the city council.

• Hotels.

• Professional office.

• Retail (less than twenty-five thousand (25,000) s.f.).

• Restaurant (less than fifteen thousand (15,000) s.f.).

• Grocery store (less than forty thousand (40,000) s.f.).

• Convenience stores with gas sales.

• Community residential homes, types 1 and 2.

• Funeral Home.

• Churches or place of worship.

Prohibited uses:

• Self-service storage facilities.

Special exception uses:

• Assisted living facilities, if approved by the city council as a special exception use in accordance with section 30-45 and section 30-475 of the Code.

Maximum residential density: Fifteen (15) dwelling units per acre.

Height: Up to five (5) stories not to exceed seventy (70) feet depending on building types and regulations as set forth in the southwest neighborhood master plan.

Building type:

• Townhouse.

• Apartment/condominium.

• Mixed-use.

• Neighborhood commercial.

• General commercial.

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Building placement (Setbacks):

A.

Front:

Minimum—Five (5) feet.

Maximum—Fifteen (15) feet or fifteen (15) percent of the lot depth (whichever is less).

B.

Side/rear: Side and rear setbacks are not required unless an adjacent building existing at the time of development has windows facing side or rear; any new building abutting development shall then provide at least ten (10) feet of separation between the existing and new building; except for the first twenty (20) feet from the frontage line.

Lot coverage: (includes buildings, parking) Maximum—Seventy-five (75) percent.

Architectural feature encroachments: Balconies, arcades, and colonnades may encroach into the public right-of-way to a distance of four (4) feet from the face of the curb. Stoops may encroach no more than three (3) feet.

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Alley access of garages and parking areas is encouraged for lots of greater than sixty (60) feet deep if applicable. Vehicle access is limited to one curb opening a maximum of thirty (30) feet wide.

Required parking: One (1) space per residential unit; one (1) space for every three hundred (300) square feet of non-residential, one (1) space for every one thousand (1,000) square feet of industrial.

Loading: One (1) loading space a minimum twelve (12) feet wide by twenty-five (25) feet long. Available on-street parking along the property frontage may be used to satisfy this requirement.

Parking structures:

Permitted. No parking structures may be placed at the frontage line. Parking structures that do not have liner uses a minimum of twenty (20) feet deep must be placed no less than forty (40) feet from the front property line. Floors of the structure with liner uses shall not count toward the story height limit. All portions of the structure visible from a public right-of-way shall be screened in a manner that is architecturally compatible with the main structure.

Additional provisions:

• Properties adjacent to the busway are required to provide a connection to the nearest point or access path to the busway. All buildings shall treat the facades facing the busway similar to the front facades.

Downtown Mixed Use Multi-Modal Transportation Overlay District (MMTOD)

Purpose: MMTOD is intended to promote transit-oriented development within the SWPUN, and is intended to provide essential transportation linkage and services between the city and the rest of Miami-Dade County.

The MMTOD is further intended to permit and encourage an appropriate mix and intensity of land uses in a compact pattern around critical transportation linkage points and transit stations that will foster increased transit usage, offer improved transportation and parking services as well as convenience to commuters, create new opportunities for economic growth, encourage infill and redevelopment, reduce dependency on the automobile, improve air quality, and promote high quality, interactive neighborhoods.

The MMTOD encourages a design and mix of uses, which may include commercial, entertainment, recreational, civic, government, and multi-modal transportation land uses or any combination of those uses, to be integrated and developed vertically and/or horizontally. The MMTOD is not intended to prohibit, restrict, or hinder municipal, county, state or federal governments or agencies from their unrestricted use and/or development of such government owned properties in any applicable form.

More specifically, the intent of the MMTOD is to accomplish the following objectives:

1.

To encourage and foster attractive multi-modal transit facilities with surrounding pedestrian and commuter amenities as the focus of the transit-oriented development area.

2.

To encourage and foster an appropriate mix and intensity of uses such as commercial, entertainment, recreational, residential, civic, government, and multi-modal transportation facilities, that support transit use and are designed for convenient access by transit riders and commuters, pedestrians, and bicyclists.

3.

To encourage and foster inviting and pedestrian-focused spaces, including but not limited to civic plazas, outdoor dining areas, streetscape amenities and other types of urban spaces, which create pleasant connections linking multi-modal transportation facilities with businesses and neighborhoods.

4.

To encourage and foster multi-modal transit oriented development that combines a mix of uses in the same building and/or development area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel.

Applicability: The MMTOD standards apply to the establishment of all new structures and uses within the boundaries of the MMTOD.

The MMTOD establishes standards and regulations separate from those required by the City Code, including the underlying SWPUN general regulations and/or the base downtown mixed use subarea. Whenever the standards and requirements of the MMTOD conflicts with any City Code provision, including the underlying SWPUN general regulations and/or the base downtown mixed use subarea, the standards and requirements of the MMTOD shall govern. If the MMTOD is silent in relation to any City Code provision, including the underlying SWPUN general regulations and/or the base downtown mixed use subarea, they may be waived and deemed not applicable.

As transit service is expanded, additional areas may be designated as MMTOD within the SWPUN. The MMTOD boundaries may also be expanded over time as development becomes more transit-oriented.

Permitted uses:

• Hotels.

• Professional office.

• Retail.

• Restaurant.

• Civic/government.

• Library.

• Parking garage with mixed retail and service uses.

• Indoor commercial entertainment and amusement.

• Indoor recreational.

• Bowling alley.

• Movie theatre (excluding adult motion pictures and/or theatres).

• Churches or place of worship.

Prohibited uses:

• Any use not listed or referenced above as a Permitted use shall be prohibited.

Standards: The MMTOD provides flexibility of development alternatives for mixed-use transit-oriented developments that may be integrated and developed horizontally and/or vertically. A proposed development may encompass a single parcel or multiple parcels, planned, approved and constructed as one (1), coordinated and unified project or site plan. A proposed unified project or site plan may be approved and developed in multiple phases.

Horizontal mixed-use development consists of two (2) or more attached or detached buildings of differing use categories and may be located within the same unified project or site plan. Such buildings are not required to be on the same parcel, but must be within the same unified project or site plan. Vertical mixed-use development consists of one (1) or more different uses and may be placed over another use within the same building.

Architectural styles and scale: Building design should incorporate an architectural style and scale that promotes quality design appearance and visual interest that is compatible with, and contributes to the aesthetic ambience of the surrounding area and governmental facilities, including the new city hall and police facilities.

Signage: Should be used to identify places, provide direction, and advertise businesses. Along with communicating information, signage should add to the character of each development project and reinforce a sense of place. Signs shall consist of high quality materials and color palettes that reflect the architectural themes and design aesthetic and appearance, necessary to ensure compatibility with the surrounding area. Signage advertising an establishment, activity, product service or entertainment, which is sold, manufactured, available or furnished at a place located within a development that encompasses a single parcel or multiple parcels, planned, and constructed as one (1), coordinated and unified project or site plan, shall not be construed or deemed to be an off-premises sign or billboard. The location and placement of signs should not obstruct pedestrian or vehicular movement.

Parking structures: Parking structures may be placed up to or at the lot line. All portions of the parking structure visible from a public right-of-way should be screened in a manner that is architecturally compatible with the aesthetic, design and appearance of the main structure.

Commercial

Purpose: The commercial subarea is intended to allow more conventional suburban commercial developments. The areas along US-1 are primarily intended to serve as future locations for big box commercial uses that fit into the current development pattern along US-1. Along Krome Avenue, the permitted building types will continue to promote a pedestrian orientation and a development pattern consistent with the downtown mixed-use subarea, except for properties abutting South Krome Avenue (SW 177th Avenue) and located south of SW 5th Street and west of South Krome Avenue (SW 177th Avenue).

Permitted uses:

• Residential.

• Uses permitted by neighborhood and downtown mixed-use subareas.

• Hotels.

• Retail.

• Restaurant with drive-thru (only permitted on properties abutting South Krome Avenue (SW 177th Avenue) and located south of SW 5th Street and west of South Krome Avenue (SW 177th Avenue).

• Grocery store.

• Convenience stores (gas sales permitted).

• Funeral home.

• Churches or places of worship.

• Uses permitted by city's liberal business (B-3), retail (B-2), restricted retail (B-1) and professional business (B-1A) zoning districts, except for the prohibited uses listed below.

Special exception uses:

• Assisted living facilities if approved by the city council as a special exception use in accordance with section 30-45 and section 30-475 of the Code.

Prohibited uses:

• Airports, airplane hangars or airplane repair shops.

• Assembly of electrical appliances, electronic instruments, and devices, radios, and television sets.

• Beverage and liquor distributors.

• Bottling of beverages.

• Cold storage warehouses and pre-cooling plants.

• Contractors plants and storage yards, providing the area used is enclosed by a building or by a wall not less than six (6) feet in height.

• Daycare centers.

• Drive-in theaters and other drive-thru businesses where a majority, or a substantial portion of the business thereof, is completed by ordering at a drive-thru window, picking up said merchandise, and removing said food stuff or merchandise from the premises for use or consumption, except as otherwise permitted for properties abutting South Krome Avenue (SW 177th Avenue) and located south of SW 5th Street and west South Krome Avenue (SW 177th Avenue).

• Engines, gas, gasoline, steam and oil sales and service, except as an accessory use to gas stations.

• Feed, hay and other livestock supplies.

• Railroad motor truck and water freight and passenger stations.

• Recycling/transfer facility.

• Self-service storage facilities.

• Tire vulcanizing and retreading or sale of used tires.

• Truck storage, only within an enclosed building or in an area enclosed by a CBS wall.

Residential density: Fifteen (15) dwelling units per acre.

Building type:

• Townhouse.

• Condominium/apartment.

• Mixed-use.

• Neighborhood commercial.

• General commercial (permitted only on properties with frontage along a commercial/industrial street or US 1 Corridor).

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Building placement (Setbacks):

A.

Front:

Minimum—Five (5) feet.

Maximum—Fifteen (15) feet or fifteen (15) percent of the lot depth (whichever is less).

B.

Side/rear: Side and rear setbacks are not required unless an adjacent building existing at the time of development has windows facing side or rear; any new building abutting development shall then provide at least ten (10) feet of separation between the existing and new building, except for the first twenty (20) feet from the frontage line.

Lot coverage: (includes buildings, parking)

Maximum—Ninety (90) percent.

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Alley access for garages and parking areas is encouraged if there is an existing alley available for lots of greater than sixty (60) feet deep. Vehicle access is limited to one (1) curb opening a maximum of thirty (30) feet wide. Lots with frontage greater than two hundred fifty (250) feet may be permitted two (2) curb openings.

Required parking: One (1) space per residential unit; one (1) space for every three hundred (300) square feet of nonresidential, one (1) space for every one thousand (1,000) square feet of industrial.

Loading: One (1) loading space a minimum twelve (12) feet wide by twenty-five (25) feet long. Available on-street parking along the property frontage may be used to satisfy this requirement.

Parking structures:

Permitted. No parking structures may be placed at the frontage line. Structures that do not have liner structures a minimum of twenty (20) feet deep must be placed no less than forty (40) feet from the front property line. Floors of the structure with liner uses shall not count toward the story height limit. All portions of the structure visible from a public right-of-way shall be screened in a manner that is architecturally compatible with the main structure.

Industrial

Purpose: The industrial subarea is intended to maintain the existing industrial areas found in the southwest neighborhood, as well as provide additional locations to ensure that the jobs-to-housing ratio is effectively maintained. Development standards have been applied to ensure adequate buffers are provided and to regulate buildings to provide positive aesthetic contributions to the industrial subareas.

Permitted uses:

• Shall include those permitted uses listed in the commercial subarea.

• Canning factories not nearer than two hundred (200) feet to a residential or mixed-use district;

• Concrete products manufacturing within an enclosed building;

• Furniture manufacturing when located not nearer than two hundred (200) feet to a residential or mixed-use district;

• Hydroponic farming with re-used water only;

• Ice storage manufacturing of not less than twenty (20) ton capacity;

• Leather goods manufacturing, excluding tanning;

• Light manufacturing that does not produce offensive odors, fumes, gases, dust, smoke, vibration or noise;

• Machine shops;

• Packing plants: fruits, vegetables, ornamental plants, etc.;

• Communication towers, radio and television towers and transmitters, if approved by the FCC and FAA;

• Railroad, motor trucks and water freight and passenger stations;

• Storage and handling of heavy equipment and industrial equipment;

• Warehouses for storage, freight or wholesale distribution;

• Welding shops and ornamental iron shops, and ancillary fabrication;

• Yards for storage and sale of lumber and building materials;

• Yards and facilities for the storage and handling of petroleum, natural, manufactured, liquid or mixed gases on any kind;

• Other industrial plants similar to those stated above, which do not produce offensive odors, fumes, gases, dust, smoke, vibrations, or noise.

Special exception uses:

• Canning factories of less than ten thousand (10,000) square feet;

• No residential uses shall be constructed within industrial districts, except for one (1) apartment attached to the industrial building for the operator of the industry only, and not for rental purposes;

• Day care centers that are accessory to an established use to be utilized primarily (fifty (50) percent or more) by the employees of the principal use and subject to all applicable federal, state, and local requirements.

• Churches or Places of Worship;

• Places of public assembly;

• Junkyards, provided all operations and storage of materials and products associated with the operation shall be screened from the view of adjacent lots and rights-of-way. Screening shall be accomplished through the installation of a masonry wall with a minimum of eight (8) feet to provide a complete visual barrier,

• Pawn shop,

• Health care institutions; and

• Recycling/transfer facility, all operations and storage of materials and products associated with the operation shall be screened from view of adjacent lots and rights-of-way. Screening shall be accomplished through the installation of a masonry wall with a minimum of eight (8) feet to provide a complete visual barrier.

•  Athletic fields

All the above to be approved by the city council as a special exception use in accordance with section 30-45 of the Code.

Building types:

• Neighborhood commercial

• General commercial

• Industrial

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Building placement (Setbacks):

Front:

Minimum—Ten (10) feet.

Maximum—Twenty (20) feet.

Side: Minimum—Ten (10) feet.

Rear: Minimum—Ten (10) feet.

Lot coverage:(includes buildings, parking)

Maximum—Ninety (90) percent.

Building frontage:

Requirement: N/A

Encroachments: N/A

Frontage types: N/A

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Vehicle access is limited to two (2) curb openings per street frontage and driveways shall not exceed thirty (30) feet in width.

Required parking: One (1) space for every three hundred (300) square feet of office or business use; one (1) space for every one thousand (1,000) square feet of warehouse/facility space.

Loading: One (1) loading space for every loading bay, or a minimum of one (1) space for every twenty-five thousand (25,000) square feet.

Parking structures:

Permitted. No parking structures may be placed at the frontage line. Structures that do not have liner structures a minimum of twenty (20) feet deep must be placed no less than forty (40) feet from the front property line. Floors of the structure with liner uses shall not count toward the story height limit. All portions of the structure visible from a public right-of-way shall be screened in a manner that is architecturally compatible with the main structure.

Additional provisions:

Fences: Fences shall conceal from view from a public right-of-way all storage areas, outdoor equipment, and work yards. Fences shall consist of wood, masonry block or iron pickets in conjunction with hedges (a minimum thirty-six (36) inches in height at planting). Fences shall be a minimum of four (4) feet high and a maximum of eight (8) feet tall.

• Industrial businesses are encouraged to creatively design materials into fencing to represent industry.

• Concealment from view shall be measured from the street edge closest to the respective use.

• No barbwire.

Civic/Government

Purpose: Only a small number of civic/government subareas are scattered throughout the southwest planned urban neighborhood. Many of these areas currently contain schools, government facilities, or social services. The intent is to maintain these areas and also provide future locations for civic uses to contribute to the quality of life within the southwest neighborhood.

Permitted uses:

• Schools;

• Churches or Places of Worship;

• Social services;

• Government services;

• Institutional; and

• Affordable housing.

Building types:

• Civic/government;

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty (20) feet.

Building placement (Setbacks):

Front:

Minimum—Ten (10) feet.

Side:

Minimum—Ten (10) feet.

Rear:

Minimum—Ten (10) feet.

Lot coverage: (includes buildings, parking) Maximum—Seventy-five (75) percent.

Building frontage:

Requirement: Minimum: Fifty (50) percent of the lot width.

Encroachments: N/A

Frontage types: N/A

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: On-site parking allowed in the shaded area as shown in the southwest neighborhood master plan. Parking must be placed a minimum of twenty (20) feet behind the front facade.

Access: Alley access for parking areas and garages is encouraged for lots greater than sixty (60) feet deep. Vehicle access is limited to one (1) curb opening a maximum of thirty (30) feet wide.

Parks/Open Space

Purpose: Parks and open space are critical elements of any neighborhood, especially for the southwest neighborhood. The neighborhood plan preserves the existing parks and provides future opportunities for several parks as well as a greenway connecting two (2) park areas to the north of SW 4th Street.

Permitted uses:

• Recreation facilities and related uses.

Building types:

• Civic/government.

Lot size:

Lot depth:

Minimum—Fifty (50) feet.

Lot width:

Minimum—Twenty-five (25) feet.

Building placement (Setbacks):

Front:

Minimum—Five (5) feet.

Maximum—N/A.

Side:

Minimum—Five (5) feet.

Rear:

Minimum—Five (5) feet.

Lot coverage: (includes buildings, parking)

Maximum—Twenty-five (25) percent.

Building frontage:

Requirement: N/A

Encroachments: N/A

Frontage types: N/A

Building entrances: Primary pedestrian entrance shall be located along a street, walkway, or park.

Parking placement:

Location/placement: N/A

Parking structures: Not permitted.

(Ord. No. 2009-10-28, § 2, 10-19-09; Ord. No. 2011-12-25, § 2, 12-14-11; Ord. No. 2012-05-09, § 2, 5-16-12; Ord. No. 2014-02-01, § 2, 2-19-14; Ord. No. 2014-09-15, § 2, 9-23-14; Ord. No. 2015-06-05, § 5, 6-17-15; Ord. No. 2017-04-03, § 2, 4-26-17; Ord. No. 2021-06-08, § 2, 6-16-21; Ord. No. 2024-04-07, § 2, 4-17-24; Ord. No. 2024-06-17, § 2, 6-26-24; Ord. No. 2025-04-10, § 2, 4-16-25; Ord. No. 2025-05-12, § 2, 5-28-25)

The purpose of the business mixed use (BMU) zoning category is to encourage integrated, mixed-use development in the city's designated downtown. This designation will allow a complementary mixture of commercial uses with residential uses on the second floor or higher. The BMU zoning category can only be located in areas designated downtown mixed use on the city's future land use map.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Light commercial uses shall be those uses such as office, retail, restaurants, and banking. Arts and entertainment related uses are encouraged in this designation. Residential uses with a higher density than that permitted in most areas of the city are appropriate in this designation.

This designation does not allow auto-oriented uses such as, service stations, car washes, drive-in, or drive-through restaurants, and freestanding convenience stores.

(a)

No building or land located within the business mixed use (BMU) zoning district shall be used or occupied for any purpose, other than one (1) or more of the uses listed below.

(b)

The BMU designation allows for the mixing of residential and commercial uses in the same building, where retail and office uses only are permitted on the ground floor, and residential and office uses are permitted on the second floor and higher.

(c)

Residential uses within BMU shall include all uses permitted in the R-3 zoning districts. However, residential uses shall only be permitted in mixed-use buildings on major streets. For the purposes of this section major streets shall include: Krome Avenue, Washington Avenue, North Flagler Avenue, US 1 Busway corridor, Campbell Drive, Mowry Drive and Civic Court/NE 2nd Drive. Residential only structures shall only be permitted on minor streets. For the purposes of this section minor streets shall be NW 1st Avenue, and cross streets NW 1st through NW 7th Street.

(d)

Other permitted uses:

(1)

Abstract and/or title company.

(2)

Accountant.

(3)

Actuaries.

(4)

Adjusters, insurance.

(5)

Administrative office.

(6)

Advertising office, no shops.

(7)

Appraisers.

(8)

Antique and curio shops.

(9)

Architects.

(10)

Art goods stores.

(11)

Artists' studio.

(12)

Attorneys.

(13)

Auctioneers, office only.

(14)

(Reserved)

(15)

Auditors.

(16)

Bake shop, retail only and employing under five (5) persons.

(17)

Banks, trust companies, savings institutions, finance companies and other similar financial institutions, excluding drive-in teller facilities.

(18)

Barber shops.

(19)

Beauty shops.

(20)

Bicycle stores, sales, rental, repairs (parking and storage to be within building).

(21)

Book stores, except adult book stores.

(22)

Broker, mortgage.

(23)

Building, electrical or plumbing contractor, office only, no shop or storage.

(24)

Business analyst, counselor or broker.

(25)

Cafe, cafeterias, delicatessens, restaurants, excluding drive-in restaurants where the food is ordered from and served in motor vehicles as the primary service of said business and restaurants with drive-through windows.

(26)

Calculating and statistical services.

(27)

China, crockery, glassware and earthenware stores.

(28)

Church/religious institution(s).

(29)

Cigar and cigarette shops, retail only.

(30)

Cleaning and laundry agency, where no flammable agent of any kind are stored or used and provided no cleaning or laundry shall be done on the premises.

(31)

Clinic, medical or dental, establishments where two (2) or more medical or dental practitioners have offices together with consultation rooms, laboratories and other common facilities.

(32)

Clothing stores.

(33)

Computer software development.

(34)

Confectionery and ice cream stores, retail only.

(35)

Conservatories, school of fine arts.

(36)

Consulates.

(37)

Consultants.

(38)

Cosmetics, perfumes and toiletries stores.

(39)

Court reporting, public stenographers.

(40)

Credit reporting.

(41)

Dancing academies.

(42)

Reserved.

(43)

Department and dry goods stores.

(44)

Dentists.

(45)

Detective agency.

(46)

Drug and sundry stores.

(47)

Employment agencies.

(48)

Engineers, professional.

(49)

Florist shops, no outside nurseries.

(50)

Furniture stores, retail only, new merchandise.

(51)

Grocery stores, no outside storage, two thousand (2,000) square feet maximum building area permitted.

(52)

Guest houses and tourist homes.

(53)

Haberdashery shops.

(54)

Hardware stores, no outside storage, two thousand (2,000) square feet maximum building area permitted.

(55)

Hobby supplies.

(56)

Hotel.

(57)

Importers/exporters, office only.

(58)

Insurance agencies and bond offices.

(59)

Interior decorating, costuming, drapery stores, retail only.

(60)

Investment and securities dealers.

(61)

Jewelry stores.

(62)

Leather goods stores.

(63)

Lodge halls and convention halls.

(64)

Luggage shops.

(65)

Market research.

(66)

Medical doctors.

(67)

Miscellaneous service establishments.

(68)

Model agency.

(69)

Modest wearing apparel and furriers.

(70)

Music, radio, television and electrical appliance stores, retail only.

(71)

Newsstands, all merchandise shall be enclosed in an approved structure.

(72)

Notary public.

(73)

Offices for business and professional purpose.

(74)

Office supply and equipment stores, retail only.

(75)

Optical stores.

(76)

Optometrist.

(77)

Paint stores, retail only.

(78)

Photo equipment and supplies.

(79)

Photographers, photograph galleries.

(80)

Post offices.

(81)

Public relations.

(82)

Real estate sales and management offices.

(83)

Shoe stores, retail only.

(84)

Souvenir stores and gift shops.

(85)

Sporting goods stores.

(86)

Stationary stores.

(87)

Stock exchange and brokerage offices.

(89)

Tax consultants.

(90)

Telegraph and telephone offices—Does not include telephone exchanges.

(91)

Theatres and motion pictures houses—Except the following:

a.

Open air or drive-in type; and

b.

Adult motion picture theatres.

(92)

Ticket offices and waiting rooms for airplane, bus, railroad and ships.

(93)

Travel agency.

(94)

Video rental and sales, x-rated tapes shall comply with applicable Florida Statutes as to accessibility and availability to the public.

(95)

Other retail stores, new merchandise only unless specifically stated herein.

(96)

Open air cafes and/or restaurants.

All storage of materials and products and all operations of work of every character shall be carried on entirely within the exterior walls and under the roof of a building constructed in accordance with the requirements provided herein.

(e)

Special exception uses. The following uses shall be permitted if approved as a special exception use in accordance with sections 30-45 and 30-531 of this chapter.

(Ord. No. 2007-05-16, § 2, 5-21-07; Ord. No. 2008-09-28, § 6, 9-15-08; Ord. No. 2015-06-05, § 6, 6-17-15; Ord. No. 2025-05-12, § 2, 5-28-25)

The minimum height limit on buildings within the BMU district shall be two (2) stories. The maximum height on buildings within this district shall be seventy (70) feet or six (6) stories, whichever is less.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Total lot coverage by buildings, parking, driveways, sidewalks, swimming pools and all other impervious surfaces shall not exceed ninety (90) percent of the total lot area.

(Ord. No. 2007-05-16, § 2, 5-21-07)

The maximum residential density is fifteen (15) units per gross acre.

(Ord. No. 2007-05-16, § 2, 5-21-07)

(a)

Front yard requirements.

(1)

Setbacks on all commercial and mixed-use property shall be twenty (20) feet unless setback is already established at a lesser distance by two (2) or more buildings in the block, but no setback shall be less than ten (10) feet; or unless rear yard parking is provided, in which case a front setback of ten (10) feet is permitted.

(2)

Free-standing residential buildings shall have a required front yard setback of twenty-five (25) feet, unless rear yard parking is provided, in which case a front setback of ten (10) feet is permitted.

(3)

For zoned properties abutting Krome Avenue, the front yard setback shall be reduced to a minimum of five (5) feet. However, if two (2) adjoining (touching) buildings are less than five (5) feet from such setback, the new structure may come to the building line of the two (2) adjoining buildings, even if same is less than five (5) feet. These setback requirements shall not pertain to the "fringe and core" areas located on Krome Avenue, if the setback amendments would violate more liberal setback requirements which had been previously granted to those areas.

(b)

Side yard requirements.

(1)

No side yard shall be required for commercial and mixed-use property.

(2)

Freestanding residential buildings shall have side yards with a minimum of twenty (20) feet in width, but the width of either side shall be no less than five (5) feet .

(c)

Rear yard requirements.

(1)

There shall be a rear yard not less than twenty (20) feet in depth for commercial and mixed-use property.

(2)

Every principal, free-standing residential building shall provide a rear yard of a minimum depth of twenty-five (25) feet to the rear lot line. Where a secondary building is located in a rear yard, there shall be a distance of ten (10) to twenty-five (25) feet from the rear of the principal building to the front of the secondary building, and a minimum of five (5) feet from the rear of the secondary building to the rear lot line. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(d)

Side and rear setbacks in any BMU zone abutting a residential zone. In any BMU zone abutting A-1, A-2, R-1, R-2, R-TH, R-CH, R-3, or R-4 zones, the side setbacks shall be a minimum of ten (10) feet and the rear shall be a minimum of twenty (20) feet.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Where applicable, the residential portion of any mixed-use development within the BMU zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code:

Apartment/condominium or mixed use requirements within the business mixed use (BMU) zoning district. Minimum unit sizes for efficiency units shall contain a minimum of seven hundred (700) square feet under air as described in section 30-1. Minimum unit sizes for one-bedroom units shall contain a minimum of eight hundred fifty (850) square feet under air as described in section 30-1. Minimum unit sizes for two-bedroom units shall contain a minimum of one thousand (1,000) square feet under air as described in section 30-1. An additional one hundred fifty (150) square feet shall be provided for each additional bedroom. Within the BMU zoning district, up to ten (10) percent of the residential units may contain a minimum of seven hundred (700) square feet, up to thirty (30) percent of the residential units may contain a minimum of eight hundred fifty (850) square feet, and at least seventy (70) percent of the residential units shall contain a minimum of one thousand (1,000) square feet.

(Ord. No. 2007-05-16, § 2, 5-21-07)

All ground floor residential units shall provide at least forty (40) square feet of patio or terrace living area, exclusive of parking and entryway areas. However, a front patio or terrace of at least forty (40) square feet may be counted toward this requirement. Residential units that are completely located on an upper floor shall have a minimum of forty (40) square feet of balcony area, with a minimum depth of four (4) feet.

(Ord. No. 2007-05-16, § 2, 5-21-07)

A minimum of twenty (20) square feet of storage area shall be provided on site for each residential unit.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Where nonpublic areas and facilities are reserved for the common use of occupants of any residential development subject to a common form of ownership, provisions satisfactory to the city, as set out in chapter 25, section V, shall be made to ensure that such areas are maintained in a satisfactory manner, without expense to the general taxpayers of the city.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Fence restrictions shall be as provided in section 30-486 et seq. of the City Code, except that no wood or chain-link fences shall be permitted in the front, side or rear yards of single-family detached, or multi-family buildings of two (2) stories or less. Notwithstanding this prohibition, wood fencing may be permitted for residentially developed properties, provided such properties are located within a development that is governed by an active homeowners association (HOA) or condominium association formed in accordance with F.S. chs. 720 and 718 respectively. Mesh or similar type screening shall be prohibited on existing chain-link fencing, which is deemed to be a legal nonconforming structure pursuant to this chapter, and shall be removed by December 31, 2025. Mesh or similar type screening on chain-link fencing may only be replaced with such screening consisting of composite woven slats or inserts.

(Ord. No. 2007-05-16, § 2, 5-21-07; Ord. No. 2025-05-14, § 2, 5-28-25)

Landscaping shall be as required in the applicable provisions of chapter 29.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Sidewalks shall be as required in section 24-41 et seq. of the Code.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Signs shall be as provided in section 23-41 et seq. of the Code.

(Ord. No. 2007-05-16, § 2, 5-21-07)

Parking shall be as required in section 30-431 et seq. of the Code, except that parking requirements for mixed-use buildings shall be one (1) space per residential unit and one (1) space for every four hundred (400) square feet of nonresidential use.

(Ord. No. 2007-05-16, § 2, 5-21-07)

All rooftop mechanical equipment including but not limited to heating, ventilating, air conditioning machinery, accessory communications equipment, public utility service fixtures, and elevator facilities shall be screened from the public view by a parapet wall or similar solid barrier as approved by the director of development services.

(Ord. No. 2007-05-16, § 2, 5-21-07)

The Northwest Neighborhood Overlay District is hereby designated as an instrument to implement the Northwest Neighborhood Plan; to ensure continued land use compatibility in the Northwest Neighborhood as redevelopment and conversion of uses continues; to provide for appropriate land use conversions as conditions change; to improve aesthetics in the area; and, to protect existing, stable neighborhoods. The boundaries of the Northwest Neighborhood Overlay District are west of U.S. 1 to the western boundary of the City and north of Mowry Drive to the northern boundary of the city.

(Ord. No. 2007-12-42, § 2, 12-3-07)

The purpose of the neighborhood mixed use (NMU) zoning category is to encourage mixed-use development as a transition between residential neighborhoods and major roadways, and to promote traditional neighborhood development. This designation will allow a compatible mixture of residential and service-oriented neighborhood commercial uses. The NMU zoning category can only be located in areas designed neighborhood mixed use on the city's future land use map.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Professional business offices and neighborhood service uses, work lofts, government property, and limited residential uses are permitted. This designation does not allow auto-oriented uses such as service stations, drive-in or drive-through restaurants, and freestanding convenience stores, nor does it allow temporary lodging establishments such as hotels, motels, or boarding houses.

(a)

The NMU designation allows for the mixing of residential and neighborhood commercial uses in the same building. In mixed use buildings, the following shall apply:

(1)

Retail uses on the ground floor only;

(2)

Office uses on any floor; and

(3)

Residential uses on the second floor and higher.

(b)

The NMU designation allows for the mixing of residential and neighborhood commercial uses on the same site. Where the street on which the property fronts is predominately commercial in nature, all retail and/or office uses must be oriented in such a manner as to front on the street.

(c)

Residential uses within the NMU shall include:

Residential dwelling units on the second floor and higher of a mixed-use building, which includes retail or office on the ground floor.

(d)

No building or land located within the NMU designation shall be used or occupied for any purpose, other than one (1) or more of the following uses. Permitted uses shall include:

(1)

Abstract and/or title company.

(2)

Accountant.

(3)

Actuaries.

(4)

Adjusters, insurance.

(5)

Administrative office.

(6)

Advertising office, no shops.

(7)

Appraisers.

(8)

Antique and curio shops.

(9)

Architects.

(10)

Art goods stores.

(11)

Artists' studio.

(12)

Attorneys.

(13)

Auctioneers, office only.

(14)

Auditoriums.

(15)

Auditors.

(16)

Bake shop.

(17)

Banks, trust companies, savings institutions, finance companies and other similar financial institutions, excluding drive-in teller facilities.

(18)

Barber shops.

(19)

Beauty shops.

(20)

Bicycle stores, sales, rental, repairs (parking and storage to be within building).

(21)

Book stores, except adult book stores.

(22)

Broker, mortgage.

(23)

Building, electrical or plumbing contractor, office only, no shop or storage.

(24)

Business analyst, counselor or broker.

(25)

Cafe, cafeterias, delicatessens, restaurants, excluding drive-in restaurants where the food is ordered from and served in motor vehicles as the primary service of said business and restaurants with drive-through windows.

(26)

Calculating and statistical services.

(27)

China, crockery, glassware and earthenware stores.

(28)

Church/religious institution(s).

(29)

Cigar and cigarette shops, retail only.

(30)

Cleaning and laundry agency, where no flammable agent of any kind are stored or used and provided no cleaning or laundry shall be done on the premises.

(31)

Clinic, medical or dental, establishments where two (2) or more medical or dental practitioners have offices together with consultation rooms, laboratories and other common facilities.

(32)

Clothing stores.

(33)

Computer software development.

(34)

Confectionery and ice cream stores, retail only.

(35)

Conservatories, school of fine arts.

(36)

Consulates.

(37)

Consultants.

(38)

Cosmetics, perfumes and toiletries stores.

(39)

Court reporting, public stenographers.

(40)

Credit reporting.

(41)

Dancing academies.

(42)

Reserved.

(43)

Department and dry goods stores.

(44)

Dentists.

(45)

Detective agency.

(46)

Drug and sundry stores.

(47)

Employment agencies.

(48)

Engineers, professional.

(49)

Florist shops, no outside nurseries.

(50)

Grocery stores, no outside storage, two thousand (2,000) square feet maximum building area permitted.

(51)

Haberdashery shops.

(52)

Hardware stores, no outside storage, two thousand (2,000) square feet maximum building area permitted.

(53)

Hobby supplies.

(54)

Importers/exporters, office only.

(55)

Insurance agencies and bond offices.

(56)

Interior decorating, costuming, drapery stores, retail only.

(57)

Investment and securities dealers.

(58)

Jewelry stores.

(59)

Leather goods stores.

(60)

Lodge halls and convention halls.

(61)

Luggage shops.

(62)

Market research.

(63)

Medical doctors.

(64)

Miscellaneous service establishments.

(65)

Model agency.

(66)

Apparel store.

(67)

Music, radio, television and electrical appliance stores, retail only.

(68)

Newsstands, all merchandise shall be enclosed in an approved structure.

(69)

Notary public.

(70)

Offices for business and professional purpose.

(71)

Office supply and equipment stores, retail only.

(72)

Optical stores.

(73)

Optometrist.

(74)

Paint stores, retail only.

(75)

Photo equipment and supplies.

(76)

Photographers, photograph galleries.

(77)

Post offices.

(78)

Public relations.

(79)

Real estate sales and management offices.

(80)

Shoe stores, retail only.

(81)

Souvenir stores and gift shops.

(82)

Sporting goods stores.

(83)

Stationary stores.

(84)

Stock exchange and brokerage offices.

(85)

Tax consultants.

(86)

Telegraph and telephone offices—Does not include telephone exchanges.

(87)

Theatres and motion pictures houses—Except the following:

a.

Open air or drive-in type; and

b.

Adult motion picture theatres.

(88)

Ticket offices and waiting rooms for airplane, bus, railroad and ships.

(89)

Travel agency.

(90)

Video rental and sales, x-rated tapes shall comply with applicable Florida Statutes as to accessibility and availability to the public.

(91)

Other retail stores, new merchandise only unless specifically stated herein.

(92)

Open air cafes and/or restaurants.

(93)

Residential uses on second floor or higher.

All storage of materials and products and all operations of work of every character shall be carried on entirely within the exterior walls and under the roof of a building constructed in accordance with the requirements provided herein.

(e)

Special exception uses. The following uses shall be permitted if approved as a special exception use in accordance with sections 30-45 and 30-531 of this chapter.

(Ord. No. 2007-05-17, § 2, 5-21-07; Ord. No. 2008-09-28, § 7, 9-15-08; Ord. No. 2015-06-05, § 7, 6-17-15; Ord. No. 2025-05-12, § 2, 5-28-25)

The maximum height of buildings shall be:

(a)

Sixty (60) feet or five (5) stories for conforming, freestanding multi-family residential structures approved prior to the effective date of the creation of this zoning district;

(b)

Seventy (70) feet or six (6) stories for freestanding commercial structures and mixed residential/commercial use.

The minimum height of buildings shall be:

(a)

No minimum for conforming residential structures approved prior to the effective date of the creation of this zoning district;

(b)

Twenty (20) feet or two (2) stories for freestanding commercial and mixed residential/commercial structures.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Total lot coverage by buildings, parking, driveways, sidewalks, swimming pools, and all other impervious surfaces shall not exceed:

(a)

The existing lot coverage for conforming residential structures approved prior to the effective date of the creation of this zoning district

(b)

Eighty-five (85) percent of the total lot area for commercial and mixed residential/commercial structures.

(Ord. No. 2007-05-17, § 2, 5-21-07)

The maximum gross residential density for all residential uses or mixed residential/commercial uses is ten (10) units per acre.

(Ord. No. 2007-05-17, § 2, 5-21-07)

(a)

Front yard requirements.

(1)

Setbacks on all commercial and mixed-use property shall be twenty (20) feet unless setback is already established at a lesser distance by two (2) or more buildings in the block, but no setback shall be less than ten (10) feet; or unless rear yard parking is provided, in which case a front setback of ten (10) feet is permitted.

(2)

Free-standing residential buildings approved prior to the effective date of the creation of this zoning district shall have a required front yard setback of twenty-five (25) feet, unless rear yard parking is provided, in which case a front setback of ten (10) feet is permitted.

(3)

For zoned properties abutting Krome Avenue, the front yard setback shall be reduced to a minimum of five (5) feet. However, if two (2) adjoining (touching) buildings are less than five (5) feet from such setback, the new structure may come to the building line of the two (2) adjoining buildings, even if same is less than five (5) feet. These setback requirements shall not pertain to the "fringe and core" areas located on Krome Avenue, if the setback amendments would violate more liberal setback requirements which had been previously granted to those areas.

(b)

Side yard requirements.

(1)

No side yard shall be required for commercial and mixed-use property, except a setback of no less than ten (10) feet shall be required on the street side of corner lots.

(2)

Freestanding residential buildings approved prior to the effective date of the creation of this zoning district shall have side yards with a minimum of twenty (20) feet in width, but the width of either side shall be no less than five (5) feet.

(c)

Rear yard requirements.

(1)

There shall be a rear yard not less than twenty (20) feet in depth for commercial and mixed-use properties.

(2)

Every principal, free-standing residential building approved prior to the effective date of the creation of this zoning district shall provide a rear yard of a minimum depth of twenty-five (25) feet to the rear lot line. Where a secondary building is located in a rear yard, there shall be a distance of ten (10) to twenty-five (25) feet from the rear of the principal building to the front of the secondary building, and a minimum of five (5) feet from the rear of the secondary building to the rear lot line. There shall be a six-foot minimum rear setback for a solid roof screened patio with three (3) open sides.

(d)

Side and rear setbacks in any NMU zone abutting a residential zone. In any NMU zone abutting A-1, A-2, R-1, R-2, R-TH, R-CH, R-3, or R-4 zones, the side setbacks shall be a minimum of ten (10) feet and the rear shall be a minimum of twenty (20) feet.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Where applicable, the residential portion of any mixed-use development within the NMU zoning district shall comply with the Unified Residential Minimum Unit Size Requirements as set forth in section 30-398 of the Code.

(Ord. No. 2007-05-17, § 2, 5-21-07)

A multi-family residential use approved prior to the effective date of the creation of this zoning district shall be deemed a conforming use.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Where nonpublic areas and facilities are reserved for the common use of occupants of any residential development subject to a common form of ownership, provisions satisfactory to the city, as set out in chapter 25, section V, shall be made to ensure that such areas are maintained in a satisfactory manner, without expense to the general taxpayers of the city.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Fence restrictions shall be as provided in section 30-48 et seq. of the City Code, except that no wood or chain-link fencing shall be permitted. Notwithstanding this prohibition, wood fencing may be permitted for residentially developed properties, provided such properties are located within a development that is governed by an active homeowners association (HOA) or condominium association formed in accordance with F.S. chs. 720 and 718 respectively. Mesh or similar type screening shall be prohibited on existing chain-link fencing, which is deemed to be a legal nonconforming structure pursuant to this chapter, and shall be removed by December 31, 2025. Mesh or similar type screening on chain-link fencing may only be replaced with such screening consisting of composite woven slats or inserts.

(Ord. No. 2007-05-17, § 2, 5-21-07; Ord. No. 2025-05-14, § 2, 5-28-25)

Landscaping shall be as required in the applicable provisions of chapter 29. Landscaping for mixed residential/commercial buildings shall follow the requirements for commercial B-1 in Table A.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Sidewalks shall be as required in section 24-41 et seq.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Signs shall be as provided in section 23-41 et seq.

(Ord. No. 2007-05-17, § 2, 5-21-07)

Parking shall be as required in section 30-431 et seq. of the Code, except that parking requirements for mixed residential/commercial buildings shall be one (1) space per residential unit and one space for every four hundred (400) square feet of nonresidential use.

(Ord. No. 2007-05-17, § 2, 5-21-07)

A minimum of twenty (20) square feet of storage area shall be provided on-site for each residential unit.

(Ord. No. 2007-05-17, § 2, 5-21-07)

All rooftop mechanical equipment including but not limited to heating, ventilating, air conditioning machinery, accessory communications equipment, public utility service fixtures, and elevator facilities shall be screened from the public view by a parapet wall or similar solid barrier as approved by the director of development services.

(Ord. No. 2007-05-17, § 2, 5-21-07)

(a)

Purpose. Within the neighborhood mixed use (NMU) zoning category, the purpose of the Midtown Homestead - Hospital Corridor (MHHC) is to encourage mixed-use residential, office, and/or commercial uses that promote and encourage pedestrian access and regular use along SW 312 Street (Campbell Drive), within close proximity of Homestead Hospital.

(b)

Geographic area and criteria. The MHHC shall only be applicable to, and established on, parcels zoned NMU with a minimum of five (5) acres in size, abutting SW 312 Street (Campbell Drive), having the Homestead Extension of the Florida Turnpike (HEFT) as its western boundary, and having the Miami-Dade County Urban Development Boundary (UDB) south of SW 312 Street (Campbell Drive) and SW of 142 Avenue as its eastern boundary. The criteria and incentives provided herein do not apply to single-use developments, and the MHHC shall only be implemented via vertical and/or horizontal mixed-use development programs.

(c)

Site plan approval requirement. Any rezoning request to the NMU zoning category seeking the implementation of the MHHC on a parcel(s) shall be supplemented by a concurrent site plan approval request delineating development, or areas where individual uses shall take place in or about an existing structure. Such site plan shall be reviewed by the DRC and local planning agency, and approved by the city council concurrently with the requested application for the establishment of the NMU zoning district on a parcel(s). Such site plan shall fully comply with the requirements set forth in section 30-47 of the Code.

MHHC site plans approved in accordance with this section, and meeting the minimum acreage set forth in section 30-396.547(b), may be subdivided into respective building lots, pursuant to, and in compliance with, the platting requirements set forth in chapter 25 of this Code. Such subdivision shall require a dedication of restrictions running with the land, and in a form acceptable to the city attorney, covenanting that the vertical and/or horizontal mixed-use development shall maintain its architectural and design uniformity, as set forth in the approved site plan, and provide for all required connections, easements, maintenance agreements, cross-access agreements, shared parking agreements, etc. throughout the entirety of the mixed-use development site.

(d)

Precedence over other land use and zoning regulations. Due to the unique characteristics and requirements of the MHHC, the incorporation of vertical and/or mixed use development programs, and the commercial visibility required along this key corridor SW 312 Street (Campbell Drive); to the extent that any conflict or difference may arise between the criteria of the MHHC and any other sections in this Code, including division 9, mixed use and nonresidential development standards, section 30-396.531, section 30-396.532, section 30-396.533, section 30-396.534, section 30-396.535, section 30-396.536, section 30-396.537, section 30-396.538, section 30-396.539, section 30-396.540, section 30-396.541, section 30-396.543, section 30-396.544, and section 30-396.545 of division 25, neighborhood mixed use (NMU); the requirements and regulations of the MHHC shall prevail.

(e)

Uses Permitted. The MHHC is intended to activate this subarea of SW 312 Street (Campbell Drive), located within close proximity of Homestead Hospital, and will provide the necessary housing needs and services for the neighborhood and beyond. The MHHC will combine residential, office, and/or commercial land uses vertically and/or horizontally, within a mixed-use environment. The MHHC allows for the mixing of residential, office and/or commercial uses within a vertical and/or horizontal mixed-use development. In vertical mixed-use developments, commercial uses shall be allowed only on the ground level. Offices uses shall be allowed on all levels. Residential uses shall be allowed above the ground level only. The aforementioned restrictions shall not be applicable to horizontal mixed-use development programs. No building or land located within the MHHC shall be used or occupied for any purpose, other than one (1) or more of the following uses. Uses permitted as-of-right shall include:

(1)

Residential uses.

(2)

Every use permitted and delineated in section 30-396.532(d)

(3)

Automobile new parts and equipment or accessory stores, salesroom only;

(4)

Automobile new, sales showroom, authorized dealer, carried on entirely within the enclosing walls and under the roof of a building constructed accordance with the requirements herein provided, with a maximum square footage of fifteen thousand (15,000) square feet.

(5)

Automobile rentals.

(6)

Automobile service stations with gas sales, which may include facilities available for the sale of other retail products and services related to the servicing of automobiles. As an accessory use, the service station may perform minor automobile repairs and services as herein listed.

a.

Sale and servicing of spark plugs and batteries;

b.

Tire repair and servicing, but no recapping;

c.

Replacement of mufflers and tailpipes, water hose, fan belts, brake fluids, light bulbs, floor mats, seat covers, wiper blades, arms for windshields, and replacement of grease retainers and wheel bearings.

(7)

Cafe, cafeterias, delicatessens, restaurants (including drive-through restaurant and drive-in restaurants, where the food is ordered from and served in motor vehicles as the primary service of said business and restaurants with drive-through windows).

(8)

Car wash/auto detailing.

(9)

Catering and ghost kitchens.

(10)

Calculating and statistical services.

(11)

Dog and pet hospitals (or veterinarian clinics) provided the building is fully air conditioned and properly soundproofed, boarding permitted.

(12)

Dressmaking and alteration shops for wearing apparel;

(13)

Drug and sundry stores.

(14)

Dry cleaning and press establishments, provided:

a.

That no gasoline or explosive of any kind are stored on the premises or used in connection therewith;

b.

That perchlorethylene cleaning fluid, only, is used;

c.

That only gas fired or electric boilers shall be used;

d.

That no noise, odors, obnoxious fumes or smokes shall be emitted from the building.

e.

That the entire installation shall be subject to approval by the fire department.

(15)

Hotels.

(16)

Miscellaneous service establishments, including standard retail/commercial uses.

(17)

Pet shops, dog beauty parlors in air conditioned buildings, pet resorts provided the building is fully air conditioned and properly soundproofed, boarding permitted.

(18)

Special exception uses. The uses set forth in section 30-351 of this chapter shall be permitted if approved as a special exception use in accordance with sections 30-45 and 30-531 of this chapter. Notwithstanding the foregoing, bars, nightclubs, and commercial retail uses up to forty-five thousand (45,000) square feet shall be permitted as-of-right uses within the MHHC.

(f)

Building height. The maximum height of buildings shall be sixty (60) feet or five (5) stories.

(g)

Maximum lot coverage. Total lot coverage encompassed by buildings or parking structures shall not exceed eighty-five (85) percent of the total lot area.

(h)

Maximum density. The MHHC shall permit a maximum residential density up to eighteen (18) dwelling units per net acre. Vertical and/or horizontal mixed-use development programs that exhibit design excellence and/or functionality may be eligible for a density bonus up to twenty-four (24) dwelling units per net acre. Such design elements shall be specifically delineated as part of the site plan approval process set forth in section 30-396.547(c). Due to the unique characteristics and requirements of the MHHC, the incorporation of vertical and/or mixed use development programs, and the commercial visibility required along this key corridor SW 312 Street (Campbell Drive), and pursuant to section 30-396.547(d), design excellence and/or functionality within the MHHC shall be obtained via the incorporation of a minimum of five (5) of the specific supplemental elements set forth below:

(1)

Permeable surfacing materials utilized for at least twenty (20) percent of surface parking areas.

(2)

Permeable or natural surfacing materials utilized for at least forty (40) percent of sidewalks.

(3)

Amenities that serve to promote wellness, pedestrianism, outdoor fitness, and good health are provided, such as bike paths, pedestrian paths/trails, vita courses, fitness trails, etc.

(4)

At least thirty-five (35) percent of the development's required off-street parking spaces are contained in a parking deck or garage.

(5)

Recreational and lifestyle amenities, including: dog parks, playgrounds, tot lots, barbeque areas, gazebos, pickle ball courts, tennis courts, basketball courts, ballfields, common buildings for gatherings, swimming pools, jacuzzi pools, fitness centers, etc. The minimum size and number of such facilities shall be as follows:

a.

Pickle ball courts: Minimum two (2) courts for developments over two hundred (200) dwelling units.

b.

Basketball courts: Minimum one (1) full size court for developments over two hundred (200) dwelling units.

c.

Common buildings, fitness room and jacuzzi pools: Minimum two thousand five hundred (2,500) square feet.

(6)

Diverse residential unit types and configurations to promote diversity among residents, including a minimum of ten (10) percent workforce housing.

(7)

Bus passenger shelter(s), or comparable trolley stop, provided along Campbell Drive.

(8)

Permanent art work display at street level and/or visible from the street, including, but not limited to, sculptures, murals, building accents and artistically designed sidewalks, in excess of the minimum code requirements set forth in article V, public art program.

(9)

Pedestrian-oriented retail uses within a horizontal mixed-use development that includes outdoor seating areas and commercial uses with attractive merchandise window displays and nonrepetitive storefronts. These elements may be achieved by incorporating some/all of the below-referenced elements:

a.

Sixty (60) percent of the main entry facade shall be detailed as storefront and glazed with clear glass.

b.

Wider sidewalks in front of the retail main entry façade, a minimum of six (6) feet.

c.

Street-level façades providing pedestrian access at suitable intervals of no more than seventy-five (75) feet apart.

d.

Appropriate landscaping to provide additional texture and color in a way that does not block views and openings.

(10)

Pedestrian-oriented retail uses within a horizontal mixed-use development that includes outdoor seating areas and commercial uses with attractive merchandise window displays and nonrepetitive storefronts. These elements may be achieved by incorporating some/all of the below referenced elements:

a.

Sixty (60) percent of the main entry facade shall be detailed as storefront and glazed with clear glass.

b.

Wider sidewalks in front of the retail main entry façade, a minimum of six (6) feet.

c.

Street-level façades providing pedestrian access at suitable intervals of no more than seventy-five (75) feet apart.

d.

Appropriate landscaping to provide additional texture and color in a way that does not block views and openings.

(11)

Corner accents such as towers and/or other architectural features to emphasize the hierarchy of the different ground floor uses and to avoid lengthy facade repetitions. Such architectural elements shall be used in a manner that clearly articulates the overall building composition; relates to the streets in a manner that enhances and strengthens pedestrian activity; encourages the use of trellis work, entry feature elements, gathering space shelters and wall accents; encourages the use of decorative railing of ornate lines and themes along flat roof parapets or along large linear expenses of the façade; incorporates façade materials of good quality meeting the established project standards; and encourages the implementation of innovative, energy saving, and high quality building materials.

(12)

Improved entrance and lobby areas for dwelling units, including high-quality materials such as granite, marble or natural stone, etc.

(13)

Residential parking facilities located at the rear of the building out of street view.

(14)

Pedestrian-oriented retail uses within a horizontal mixed-use development, including live/work units that provide commercial storefronts and/or outdoor seating.

(15)

The principal building(s) meets or exceeds LEED (leadership in energy and environmental design) certification for new construction. This includes LEED certified, LEED silver, LEED gold, LEED platinum, or any other comparable green building standards, including, but not limited to National Green Building Standards (NGBS).

(16)

Ingress and egress lanes of all commercial/retail nonservice drives are separated by a landscaped median at least five (5) feet wide and containing trees spaced no more than forty (40) feet apart.

(17)

Overhangs are provided on all south-facing windows of residential buildings for energy efficiency purposes.

(18)

The development achieves sustainable site initiative (SITES) certification from the Green Business Certification Inc. (GCBI) for site and landscape design.

(19)

Public open spaces such as colonnades, pocket parks, plazas, plazoletas, etc. Such open space shall include a minimum of ten (10) percent of green pervious area on lots exceeding five (5) acres. Colonnades shall have a minimum clear depth of ten (10) feet.

(20)

Enhanced outdoor furniture, including, but not limited to, benches, lighting, lighting fixtures and trash and garbage containers, etc. Such site amenities should be spread throughout the overall development to create moments of experience that promote pedestrian activity; should complement the design.

(21)

Any other design element(s) or project feature(s) which the city council may deem satisfactory as an element exhibiting design excellence and/or functionality.

(i)

Density averaging shall be permitted when a unified development is located on one (1) or more parcels, where the parcel(s) are under a single ownership or multiple ownerships that are legally unified. Prior to issuance of a certificate of occupancy, any property owner proposing density averaging on a unified development site shall be required to submit an executed unity of title or a declaration of restrictive covenants in lieu of a unity of title, in a form acceptable to the city attorney.

(1)

Setbacks.

a.

Front yard setback required (Campbell Drive). Front setbacks along SW 312 Street (Campbell Drive) for vertical or horizontal mixed-use developments in the MHHC shall be no less than twenty (20) feet.

b.

Side yard requirements. Side yard setbacks in the MHHC shall be no less than ten (10) feet.

c.

Rear yard requirements. There shall be a rear yard not less than twenty (20) feet in depth for vertical or horizontal mixed-use developments in the MHHC.

(j)

Residential dwelling units and commercial bay size. Each residential dwelling unit of any vertical and/or horizontal mixed-use development within the MHHC shall have a minimum of six hundred fifty (650) square feet, except that ten (10) percent of the total residential dwelling units may have a minimum of four hundred fifty (450) square feet for studios and/or one-bedroom dwelling units. Commercial retail bays within any vertical or horizontal mixed-use development within the MHHC shall have a minimum of seven hundred (700) square feet.

(k)

Open space. A minimum of fifteen (15) percent open space shall be provided for vertical and/or horizontal mixed use developments in the MHHC, in the form of terraces, colonnades, vegetated areas, courtyards, recreational areas (i.e. tot lots, dog parks, ball fields), pool decks, and pedestrian connectivity elements throughout the developments (i.e. walkways, sidewalks, trails). Additionally, and if integrated as a design feature of a vertical and/or horizontal mixed-use development in the MHHC, fifty (50) percent of the acreage of a water body or water bodies may be credited as open space.

(l)

Signs. Notwithstanding the requirements set forth in section 23-41 et seq. of the Code, and due to the unique characteristics and requirements of the MHHC, the incorporation of vertical and/or mixed use development programs, and the commercial visibility required along this key corridor SW 312 Street (Campbell Drive), and pursuant to section 30-396.547(d), mixed-use development signage plans shall be provided to the city for review and approval as part of the site plan approval requirement set forth in section 30-396.547(c).

With respect to freestanding or monument signs in the MHHC, one (1) freestanding or monument sign for each commercial building being proposed, identifying the occupancy of each of the buildings, shall be allowed. Additionally, a maximum of two (2) freestanding or monument signs identifying the occupancy of the overall vertical and/or horizontal mixed use development shall be allowed. These respective signs shall be located at least ten (10) feet from the back of curb, with a maximum sign area of eighty (80) square feet, in accordance with the right-of-way width limitations, set forth in table 23-80-1 of the Code.

(m)

Parking. Parking shall be as required in section 30-431 et seq. of the Code, except that parking requirements for vertical and/or horizontal mixed-use developments shall be one (1) space per one-bedroom residential dwelling unit, two (2) spaces per two-, three-, and four-bedroom residential dwelling units, and one-quarter (0.25) guest parking spaces per residential dwelling unit.

(n)

Architectural guidelines. The following are intended to establish a meaningful guide for quality architectural development for vertical and/or horizontal mixed use developments within the MHHC:

(1)

All mixed use development is encouraged to use the fundamental concepts that are found within the urban design guidelines. All mixed use, commercial, and industrial development located adjacent to existing residential developments shall be designed, in a manner consistent with and compatible to such development in order to mitigate any negative impacts.

(2)

All mixed use development shall be designed to maintain and enhance the attractiveness of the streetscape found within the city.

(3)

Storefronts. All mixed use development shall be constructed in a manner that complements surrounding developments through the use of appropriate architectural design elements and materials.

(4)

Reflective or mirrored glass shall not be permitted.

(5)

Building design shall be stylistically consistent with the proposed architectural style through the use of complementary scale, materials, colors and/or architectural details. Building materials shall have the appearance of substance and permanency; lightweight metal, or other temporary appearing structures shall be discouraged.

(6)

Three hundred sixty (360) degree architecture. There should be no blank walls on any side of any building within a project, and walls should be designed to incorporate stylistically with the overall architectural elements and materials of the building. Architectural details and materials on lower walls that relate to human scale, such as arches, trellises, or awnings, should be utilized. Architectural elements, such as overhangs, trellises, projections, awnings, insets, material, texture, and color, shall be used to create shadow patterns that contribute to a building's character. Buildings shall be designed so that structures do not "turn their backs" to the street. Three hundred sixty (360) degree architecture is required for buildings.

(7)

All commercial uses within the MHHC shall be oriented, designed, and constructed towards the street. Such design shall include pedestrian-scaled buildings through the use of building massing, varied roofscapes, ornamentation and color. Development is encouraged to link landscaped exterior spaces (courtyards, loggias, arcades, and plazas) to buildings and structures.

(8)

All commercial uses shall recognize the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials.

(9)

All parking areas shall be designed to the following standards:

a.

All parking areas shall be screened from the public right-of-way with buildings, landscape, and/or streetscape elements.

b.

All parking areas shall be designed to provide safe, convenient and efficient access for pedestrians, bicyclists and vehicles.

c.

All parking shall be designed in a consistent and coordinated manner throughout the development site.

d.

All parking areas shall be integrated and designed to enhance the visual appearance of the community, and parking islands shall be provided every ten (10) parking spaces to minimize adverse visual impacts of expansive lots.

e.

Any commercial development of over fifty thousand (50,000) square feet shall provide parking areas that minimize adverse visual impacts of expansive parking lots by incorporating intensified landscaping and/or segmenting the parking area into small components.

(10)

Parking spaces with the same degree of parking shall be located throughout the site to provide efficient and safe traffic and pedestrian circulation. A mixture of one-way and two-way parking aisles or differing degrees of parking within any parking area shall be acceptable as follows:

a.

A single bay of parking provided along the perimeter of the site may vary in angle in order to maximize the number of spaces provided.

b.

A mixture of parking aisles and degrees may be permitted if individual parking areas are physically separated from one (1) another by a continuous landscape median and/or buffer, which shall be a minimum of five (5) feet in width.

(o)

Changes to approved MHHC site plans. Notwithstanding section 30-47(d) of the Code, changes to MHHC mixed-use site plans approved pursuant to section 30-396.547(c), shall be permitted only under the following circumstances:

(1)

An application for an amendment to the site plan shall be submitted to the director of the department of development services. The director shall determine whether the proposed amendment is minor or significant.

(2)

Minor changes may be approved by the director of the department of development services upon determining that the proposed revision(s) will not alter the basic design, will not violate minimum code requirements, nor any specified conditions imposed as part of the original approval. With respect to the residential and commercial elements of an MHHC mixed-use site plan, minor changes shall include the following:

a.

Residential uses.

1.

Change in building size, up to five (5) percent in total floor area.

2.

Relocation of buildings or other structures by no more than ten (10) feet.

3.

Replacement of plant materials specified in the landscape plan with comparable materials of an equal or comparable size, provided that the changes reflect an upgrading to the original approved plan.

4.

Changes in plans which do not alter the character of the use or require an increase in parking requirements.

5.

Engineering revisions (drainage, water, sewer, etc.) of a technical nature that do not impact any other aspects of the approved plans.

6.

Any other proposed amendment that the director of the department of development services determines to be a minor change that will not alter the basic design, will not violate minimum code requirements, nor any specified conditions imposed as part of the original approval.

b.

Commercial uses.

1.

Change in building size, up to ten (10) percent of total floor area, limited to three thousand (3,000) square feet.

2.

Relocation of buildings or other structures by no more than one hundred (100) feet.

3.

Replacement of plant materials specified in the landscape plan with comparable materials of an equal or comparable size, provided that the changes reflect an upgrading to the original approved plan.

4.

Changes in plans which do not alter the character of the use or require an increase in parking requirements.

5.

Engineering revisions (drainage, water, sewer, etc.) of a technical nature that do not impact any other aspects of the approved plans.

6.

Any other proposed amendment that the director of the department of development services determines to be a minor change that will not alter the basic design, will not violate minimum code requirements, nor any specified conditions imposed as part of the original approval.

(3)

A proposed change that is not determined by the director of the department of development services to be minor shall be submitted as a site plan amendment and shall be reviewed in the same manner as the original application.

(Ord. No. 2023-09-21, § 2, 9-20-23)

The technology mixed use (TMU) district is intended to facilitate mixed use and/or mix of uses developments that integrate residential and work-live uses, in combination with, adjacent to, and/or near commercial uses, encompassing retail and work sectors, focused on improving the well-being of the community in various educational, practical, industrial, and health fields through the advancement of technology, and create less intense and dense mixed-use nodes outside of the city's downtown area, in and for properties designated technology mixed use on the City of Homestead Future Land Use Map. The TMU district is intended to accomplish the following objectives:

(1)

Allow a diversity of uses, housing types and open space, incorporated into projects in a manner compatible with commercial uses and existing and planned uses on adjacent and other affected properties;

(2)

Provide maximum opportunity for the application of innovative site planning concepts to the creation of aesthetically pleasing environments for living, shopping, and working on properties of adequate size, shape and location.

(3)

Allow for innovative design that promotes more efficient, resilient, and smart buildings and spaces;

(4)

Provide meaningfully integrated common open space and developed recreation areas;

(5)

Promote creativity in development layout, design, and construction;

(6)

Encourage economic development, workforce sustainability and job creation throughout the community; and

(7)

Foster walkability by interconnecting to the network of pedestrian friendly streets, by creating a network of sidewalks within their property, and by creating or enhancing community benefiting assets within their development

(Ord. No. 2024-01-02, § 2, 1-24-24)

All laws, ordinances, rules and regulations of the city, including, but not limited to subdivision control, zoning, parking, landscape, sidewalk, signs, etc. shall be applicable to the technology mixed use district except wherein the laws, ordinances, rules and regulations are in conflict with the terms and conditions of this article, in which case this Division shall take precedence. Notwithstanding the foregoing, nothing herein shall be construed to take precedence over the city's subdivision regulations and procedures as set forth in chapter 25 of the Code. Furthermore, all signage regulations in the technology mixed use district shall be consistent with division 3, section 23-76, "prohibited signs" and section 23-91, "bill boards" et seq. of the city code.

(Ord. No. 2024-01-02, § 2, 1-24-24)

(a)

The TMU zoning district shall permit a combination of uses within one (1) development, inclusive of vertical and horizontal, mixed-use and mix-of-uses configurations. Residential uses shall be permitted in this district pursuant to requirements of the underlying land-use category. A master site plan and regulating plan that is consistent with the regulations contained in this division is required to be submitted with an application to rezone to TMU zoning district. Permitted commercial uses include clean, light industry, such as, without limitation, computer research, development, manufacturing and servicing, software development, telecommunications, testing and calibration, as well as those commercial uses permitted in B-1A (professional business restricted), B-1 (restricted retail commercial), B-2 (retail commercial) and part of B-3 (liberal business) zoning districts are permitted. Permitted uses shall also be compatible with the physical and environmental characteristics of the site and surrounding lands. Outdoor dining shall be permitted, as of right, in connection with permitted commercial uses.

(b)

Residential densities as permitted by the TMU land use category and commercial intensities shall be arranged within a property zoned TMU in consideration of the following factors:

(1)

The location of TMU parcel and the densities and intensities of adjacent properties;

(2)

The availability and location of public and utility services and facilities;

(3)

The trip capture rate of development, if any; and

(4)

The degree of internal and external connectedness of streets.

(c)

Prohibited uses include airports, airplane hangars, airplane repair shops, automobile and truck services and facilities, contractor plants, and storage yards (inclusive without limitation of vehicle storage) (as primary or ancillary use), pawnshops, engines, gas, gasoline, steam and oil, sales and service, fertilizer stores, and tire vulcanizing and retreading or sale of used tires, adult uses, large-scale retail establishments, and such other uses deemed incompatible with the surrounding uses are prohibited.

For the purposes of the TMU zoning district, a "large-scale retail establishment" is defined as a retail establishment having greater than forty thousand (40,000) square feet in gross floor area. The gross floor area shall include building gross floor area and ancillary outdoor storage or merchandise display areas. For the purposes of this definition, the floor area shall not include motor vehicle parking or loading areas. For the purpose of determining the applicability of the forty thousand (40,000) square feet of floor area, the aggregate square footage of all adjacent stores or retail tenants that share common check-out stands shall be considered one (1) establishment.

(d)

Mixed use. Vertical and/or horizontal mixed use is required. A mixed-use residential building located within the TMU zoning district shall only permit nonresidential uses on the ground floor. Mixed-use developments shall provide integrated open space for public use. A minimum of twenty (20) percent of the land area, excluding amenities, open/green space, retention areas, and private and public rights-of-way, shall be mixed-use or, in the case of horizontal mixed use, commercial and other nonresidential uses.

(e)

Minimum unit size. The following minimum unit size requirements shall apply.

(1)

Townhouse/clusterhouse. A townhouse or clusterhouse with two (2) or fewer bedrooms shall contain a minimum of one thousand, one hundred (1,100) square feet under air. An additional one hundred fifty (150) square feet shall be provided for each additional bedroom.

(2)

Apartment/condominium unit. An apartment or condominium with two (2) or fewer bedrooms shall contain a minimum of one thousand (1,000) square feet under air. An additional one hundred fifty (150) square feet shall be provided for each additional bedroom.

(3)

Mixed use requirements. Any type of residential unit with two (2) or fewer bedrooms, located within a mixed use development, shall contain a minimum of one thousand (1,000) square feet under air. An additional one hundred fifty (150) square feet shall be provided for each additional bedroom.

For purposes of this section, under air shall mean habitable space provided within a dwelling unit. Such habitable space shall exclude garages, unenclosed and enclosed patios, storage sheds, tool sheds, etc.

(Ord. No. 2024-01-02, § 2, 1-24-24)

To qualify to be zoned to the TMU district, a property or several aggregated parcels must be designated technology mixed use on the city's future land use map and be of sufficient size to permit design and development as a cohesive mixed-use project, which shall be no less than forty (40) gross acres. Parcels ten (10) gross acres or greater but less than forty (40) acres may be eligible to be rezoned to TMU district, provided that the proposed development standards demonstrate the development will utilize sound urban design principles as specified herein and will provide for compatibility and connectivity with adjacent land uses. Properties zoned TMU district shall be developed in a manner consistent with all applicable elements of the city's adopted comprehensive plan, including, but not limited to, its proposed internal design, use, and its relationship to adjacent areas and to the city as a whole. All land uses proposed within a TMU site must be compatible with and avoid undue adverse impacts on other proposed uses and surrounding uses. Properties within the TMU district must be governed by an approved master site plan and regulating plan, establishing the specific regulations for the site in both words and diagrams, inclusive of, without limitation, maps designating the locations of the applicable standards for the various elements on a given site.

(1)

The master site plan and regulating plan shall provide the minimum standards required in this division, with careful consideration to quality of community planning, the form of buildings, landscape, and architectural design and flexibility in the layout and design. The master site plan and regulating plan shall specify and must include:

a.

All areas within the boundaries of the property existing and proposed shall be identified as to acreage, use, density and purpose. In addition, overall acreage of development, gross density, net density, percentage of uses, percentage of open green space, public and private areas by types, and net acreages and densities by uses;

b.

The location of structures and proposed land uses and design regulations, building types, building orientations height, lot dimensions, setbacks, distance between structures, unit size, frontage and accessibility;

c.

All major streets in and around the development, existing and proposed, identified, numbered, or clearly labeled; along with anticipated roadway and other streetscape improvements; alignment and width of all arterial and collector roads, existing and proposed, radii of all curves, intersection and lane requirements;

d.

All sidewalks, lanes, or pathways for pedestrian circulation;

e.

All multimodal transportations access points;

f.

Mobility plan, including, but not limited to proposed city trolley stops, bus shelter and designated ride share pick-up and drop-off locations;

g.

The location and quantity of all parking spaces;

h.

General landscaping features, existing and proposed, and landscaping material;

i.

Street furniture plans including benches, water fountains, and pet waste stations.

j.

Location and phasing of all common areas and open, recreation, and green space;

k.

Location of indoor amenities;

l.

Location and approximate width of all existing or planned canals, waterways, lakes, retention or impoundment areas, ditches and watercourses;

m.

Location of all bulkheads, docks, piers, retaining structures and all other structures of similar nature or purpose;

n.

Entrance feature location; and

o.

Slope for any proposed water features or storm retention ponds.

(2)

Applications shall demonstrate, in accordance with chapter 1.5 of the City Code, the manner in which the project impacts to level of service and concurrency standards are being addressed. Improvements intended to address impacts, inclusive of, but not limited to, traffic, water, sewer, and stormwater improvements, shall either be incorporated into the master site plan and regulating plan as on-site improvements or shall become conditions of the site plan approval for off-site improvements.

(3)

The regulating plan shall be established and implemented with particular focus on urban design concepts that produce a cohesive urban development. The goal is a design that integrates the various intensities and densities of uses on a given site through appropriate placement and scaling of buildings and connectivity at the pedestrian and vehicular level. The arrangement of forms and roadway types is intended to produce communities that have a pedestrian scale, while accommodating a variety of modalities. Emphasis should be placed on creating an interconnected network of streets and public spaces, using features such as, without limitation, hierarchy of streets, complete streets, streetscaping, and transitional uses. To the greatest extent practicable, the regulating plan shall incorporate urban design concepts, methods, principles, and features included in the Miami-Dade County Urban Design Manual and the City of Homestead Comprehensive Plan and Code, as may be established and amended from time to time.

(Ord. No. 2024-01-02, § 2, 1-24-24)

All private and common open space and recreational facilities shall be designated in the master site plan and regulating plan. All common open space and recreational facilities shall be preserved for its intended purpose as expressed in the adopted master site plan and regulating plan. The developer shall provide for and establish a mechanism, such as a homeowners' association, for the ownership and maintenance of usable common open space or other recreational facilities contained within a TMU zoned property. All common recreation and open space shall continue to conform to its intended use and remain as expressed in the master site plan and regulating plan. Private and common open space shall be a combined minimum of at least twenty (20) percent of the development lot area. Water bodies shall not be counted towards open space requirements. In connection with residential development, a community garden and indoor recreation should be considered as an amenity for future residents.

(Ord. No. 2024-01-02, § 2, 1-24-24)

Fence/wall requirements are determined by the building types and regulations as set forth in the regulating plan. Where a regulating plan does not determine fence/wall requirements, fence restrictions shall be as provided in section 30-468 et seq. of the City Code, except that no wood or chain-link fences shall be permitted for residentially developed properties. Notwithstanding this prohibition, wood fencing may be permitted for residentially developed properties, provided such properties are located within a development that is governed by an active homeowners association (HOA) or condominium association formed in accordance with F.S. chs. 720 and 718 respectively. Mesh or similar type screening shall be prohibited on existing chain-link fencing, which is deemed to be a legal nonconforming structure pursuant to this chapter, and shall be removed by December 31, 2025. Mesh or similar type screening on chain-link fencing may only be replaced with such screening consisting of composite woven slats or inserts.

(Ord. No. 2024-01-02, § 2, 1-24-24; Ord. No. 2025-05-14, § 2, 5-28-25)

Landscaping shall be a coherent design with emphasis on tree canopies along the publicly accessible paseos, promenades, and other pedestrian paths that are distinguishable from streets in terms of location and functions. Landscaping shall otherwise meet the landscaping requirements as described in the building types and regulations set forth in the regulating plan. Landscaping shall meet the applicable provisions of chapter 29 of the City Code.

(Ord. No. 2024-01-02, § 2, 1-24-24)

Sidewalks shall meet requirements as described in the approved regulating plan. Where a regulating plan does not provide sidewalk requirements, sidewalks shall be as required in section 24-41 et seq. of the City Code.

(Ord. No. 2024-01-02, § 2, 1-24-24)

Signs shall be required as set forth in the building types and regulations set forth the in regulating plan. Where the regulating plan do not determine sign requirements, sign regulations shall be as required in chapter 23 of the City Code.

(Ord. No. 2024-01-02, § 2, 1-24-24)

Parking shall be as required by the access, circulation, parking and loading standards in the master site plan and regulating plan. Where parking standards are unaddressed, parking shall be as required in section 30-431 et seq. of the city code, except that parking requirements for mixed-use buildings shall be one (1) space per residential unit and one (1) space for every four hundred (400) square feet of nonresidential use. Master site plan and regulating plan shall include location and number of parking and charging stations for electric vehicles ("EV").

(Ord. No. 2024-01-02, § 2, 1-24-24)

All rooftop mechanical equipment including, but not limited to heating, ventilating, air conditioning machinery, accessory communications equipment, public utility service fixtures, and elevator facilities shall be screened from the public view by a parapet wall or similar solid barrier as approved by the director of development services.

(Ord. No. 2024-01-02, § 2, 1-24-24)

(a)

To rezone a qualifying property to the TMU zoning district, the applicant shall submit an application, with the following requirements:

(1)

A full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions;

(2)

A recent boundary survey with north with arrow and scale;

(3)

A recent aerial photograph with project boundaries clearly marked;

(4)

The names and addresses of the owners of the property to be rezoned and evidence of unified control of the property;

(5)

The total area of the site in acres and square feet;

(6)

Master site plan and regulating plan reflecting the requirements of this division for the project;

(7)

A statement as to how the proposed project conforms to the city's adopted comprehensive plan;

(8)

A traffic impact study at no expense to the city. Such study shall include the impact of the proposed development on the surrounding area, the traffic potential to be generated by the development, the adequacy or inadequacy of existing streets to safely carry the predicted traffic loads, necessary changes in the street system or design caused by the development, projected costs of such improvements which may not be borne by the developer, and such other information as may be required by the development services director;

(9)

Provision for community infrastructure as set forth in chapter 25, article V.21;

(10)

Provision for policing of private roads, if applicable, such as by police access covenant;

(11)

A progress plan delineating the various development phases, if more than one (1), and specifying a reasonable time allocation for each phase; and

(12)

The names and addresses of all property owners within five hundred (500) feet of the proposed project boundaries;

Upon a determination by the development services director that an application submitted pursuant to this section is complete, the application shall be routed for review and consideration, pursuant to section 30-41.

(b)

Upon approval of the rezoning to the TMU district and the corresponding master site plan and regulating plan, all requests for development on the subject property shall be accomplished by administrative site plan review, pursuant to section 30-47(c). Site plan review shall otherwise be pursuant to section 30-47. Administrative site plan approval shall not obviate the public hearing requirement for subdivision approvals as specified in chapter 25 of the Code.

(Ord. No. 2024-01-02, § 2, 1-24-24)

(a)

Modifications to approved TMU master site plan and regulating plan, generally. Any desired changes to an approved master site plan and regulating plan constituting a major modification shall require approval of the city council. A major modification is defined as an amendment to a master site plan and regulating plan that adds or eliminates a use or a material condition of the project or significantly increases the density or intensity of the development, except as otherwise permitted herein. A minor modification shall be any change in the master site plan and regulating plan determined not to be a major modification by the development services director, including, but not limited to:

(1)

An exchange in the type of uses, not to exceed fifteen (15) percent of the approved amounts, based on a submitted and approved equivalency matrix using peak afternoon traffic trips as the equivalency factor;

(2)

A decrease in the density or intensity of any use by no more than ten (10) percent;

(3)

An increase or decrease in the amount of open space or recreation area by no more than ten (10) percent, or an increase necessary for a community park, school, or sports facility;

(4)

A change in the amount of acreage of lakes, that does not exceed five (5) percent of the total acreage of lakes;

(5)

The realignment or modification of roadways inside the project, provided the development services director determines that such change does not materially affects the levels of service of roads and intersections within and immediately surrounding the project, with comment the city police department and public works department and utilities department;

(6)

The addition of no more than ten (10) acres to the development, under either of the following conditions:

a.

If the additional acreage is used for open space, park and/or public school uses, and is not offset by a decrease in such uses; or

b.

If the additional acreage is used for any other permitted nonresidential use, such as commercial, institutional, and/or industrial uses, and is recommended for approval by the development services director or designee; otherwise said change will be considered a major modification.

(b)

Modifications to an approved master site plan and regulating plan, procedures. An application for an amendment to a master site plan and regulating plan approved pursuant to this division shall be submitted and processed in accordance with the requirements of this subsection. The development services director or designee shall determine whether a proposed amendment is a major modification, considering the impacts on facilities and services, compatibility with other development depicted on the master development plan and on surrounding development and other factors he or she considers relevant.

(Ord. No. 2024-01-02, § 2, 1-24-24)

The following development review standards and criteria govern development applications submitted for plan review and approval for all development located within the boundaries of the Rapid Transit Development Overlay ("RTDO") District established in this division.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The boundaries of the RTDO encompass city areas within one-half (½) mile of the South Dade Transitway Corridor centerline. The RTDO is established and further identified by the following: "South Corridor Subzone 1," "Downtown District Subzone 2," "North Corridor Subzone 3," and "Areas East of U.S. 1 Subzone 4." The overlay and subzone areas are identified and set forth on a map available for inspection in the planning and zoning department.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The various zoning and land development regulations which underlay the RTDO continue to regulate land development actions in relation to setbacks, fences, landscaping, signage, and use areas. The RTDO provides additional requirements for development of land. Where there is a conflict between the RTDO regulations and standards and the underlying zoning district regulations or other applicable land development regulations, the RTDO standards shall govern.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following uses are in addition to the list of uses permitted in areas underlying the overlay. These additional uses shall govern development within the corridor and each subzone.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following minimum densities shall govern residential development within the corridor and each subzone:

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following maximum thresholds shall govern development within the corridor and each subzone:

Notwithstanding the foregoing, the maximum thresholds for all new development and redevelopment within the corridor and each subzone shall not apply in such instances where the following would result in:

(1)

Incompatible development encroaching into, or being established adjacent to or abutting, existing single-family or two-family neighborhoods; or

(2)

Existing single-family or two-family neighborhoods being required to redevelop; or

(3)

Development that is contrary to the requirements of chapter 14 "Historic Preservation," as applicable, for a property or district that has been designated as historic pursuant to such historic preservation regulations.

(Ord. No. 2024-06-20, § 2, 6-26-24)

Transit Station 2 within the Downtown District Subzone is a Metropolitan Urban Center. A Metropolitan Urban Center shall accommodate a concentration and variety of uses and activities which will attract large numbers of both residents and visitors. The designated Metropolitan Urban Center shall extend not less than one-quarter (¼) mile walking distance from the core of the center or central transit stop and may extend up to one-half (½) mile from such core or transit stop along major roads and pedestrian linkages. Maximum thresholds; density, intensity, and height within the center shall follow the maximum thresholds of Subzone 2.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following minimum parking requirements shall govern development within the corridor and each subzone:

NOTE: If parking is provided, the parking must not exceed the parking ratios of this section. Additionally, required off-street parking for uses may be located within one thousand five hundred (1,500) feet of the property.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following project general standards shall govern development within the corridor and each subzone:

(1)

Public open space in the form of plazas, squares, greens, and landscaped areas shall be incorporated in the design of all development projects at grade or on above-grade surfaces. The public open spaces should have a scale that is compatible and complementary with the intensity of proposed development, and their design should relate to the development's concept. Landscaping, furniture, art, paved pedestrian paths, and lighting, among other features, should be used to enhance the open spaces pedestrian experience. Consideration should be given to providing landscaping in a manner that reduces the heat island effect of the development on the urban environment. The minimum open space requirement shall be fifteen (15) percent of the gross development area. Open space shall include parks, plazas, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, rooftop green spaces above buildings and parking garages, and transit platform areas improved for pedestrian comfort.

(2)

Developments shall provide direct pedestrian and vehicular connections to the adjacent block and street network. Pedestrian crosswalks providing safe passage from adjoining streets and blocks into the development project of the subzone shall be installed at street corners and, if practicable, midblock locations. Crosswalks shall be distinguished from other street elements by the use of conspicuous materials, texture, and color.

(3)

All developments shall provide vehicular passenger loading and unloading zones to accommodate passengers who use vehicles for hire or transportation network companies; and minimize impacts of passenger loading and unloading on the surrounding roadway network. A loading or unloading zone that is shared among adjacent or adjoining parcels may be permitted, provided that a safe pedestrian route to each parcel is provided.

(4)

A mix of uses in the design of development projects is encouraged to the maximum extent possible. Mixed-use buildings including without limitation residential, commercial, office, hotel, and restaurants, are highly encouraged in combination with transit facilities, which shall be subject to the applicable supplemental district regulations, standards, and criteria set forth in article IV, division 9 and division 10 of this chapter.

(5)

The alcoholic beverage restrictions set forth in chapter 3 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages and distance from schools or religious facilities shall not apply.

(6)

Locally designated historic property, Florida Master Site File eligible property, and nationally designated property or historic districts within the corridor must obtain a certificate of appropriateness prior to renovation, development, or permits.

(7)

All residential or mixed-use developments with more than four (4) residential units, are encouraged to provide a minimum of twelve and one-half (12.5) percent of their units as work force housing units.

(8)

All lands zoned for, or developed with single-family residences shall not be included within the overlay and are exempt from overlay standards.

(Ord. No. 2024-06-20, § 2, 6-26-24)

The following project design standards shall govern development within the corridor and each subzone:

(1)

Projects shall be designed following the applicable regulations, standards and criteria of division 9, mixed use and nonresidential design standards, and division 10, multi-family and mixed-use residential development standards for commercial and industrial zoning districts. Additionally, project form and architecture shall be governed by the standards and criteria of the Downtown Visioning Plan.

(2)

Multi-story parking garages and surface parking lots shall utilize liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features or other innovative screening methods to minimize the adverse visual effects of parking on the site and surrounding properties. Additionally, surface parking lots shall be located a minimum of fifteen (15) feet from the right-of-way. The setback shall incorporate a combination of hard-scape and landscape elements finished to match the existing sidewalk.

(3)

Buildings and structures above the ground floor may be built above colonnades and/or encroach into street setbacks but shall not extend beyond the public or private right-of-way; except that a maximum of one hundred (100) percent of the street may be covered above the first floor with structures connecting buildings including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained.

(4)

Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights-of-way but shall not extend closer than six (6) inches from the curb face.

(5)

Building facades facing public and private street rights-of-way or public open space or both shall be a minimum forty (40) percent glazed.

(6)

Service areas and fixtures shall be screened and located as not to be visible from public and private rights-of-way or public open space. Mechanical equipment installed on roofs shall be screened from view by parapets or other architectural elements. Fixtures, including, but not limited to backflow preventers, pumps, underground ventilation exhausts, and electrical vaults, shall be located within or to the side or rear of buildings; such fixtures shall not be located within the street setback area and shall be shielded from view.

(7)

All new development shall strive to meet certification standards from Florida Green Building Coalition or a similar organization.

(8)

Developments shall be designed with a coordinated outdoor lighting and signage system that is an integral part of the project and compatible and harmonious with existing and proposed development in the subzone and with surrounding uses. Signage should clearly indicate locations of and guide pedestrians and vehicles to proposed parking areas, transit facilities, permitted uses, and surrounding activities and uses.

(9)

Proposed building scale should be in harmony with building scales allowed by applicable Visioning Charrette regulations for surrounding properties. Buildings and their landscapes shall be built to the sidewalk edge in a manner that frames the adjacent street to create public space in the street corridor that is comfortable and interesting, as well as safe for pedestrians. Architectural elements at street level shall have abundant fenestration, windows and doors and design elements that create interest for the pedestrian.

(Ord. No. 2024-06-20, § 2, 6-26-24)