This section sets forth regulations that are common to all districts, or which apply to certain building types or uses that are found across multiple zoning districts. Resilience, Adaptation and Mitigation standards are the most prominent sections in this article but are also accompanied by other regulations that affect the quality of the public realm.

1. Eligible Development. These provisions are hereby adopted as voluntary zoning incentives for non-transient residential development. Where authorized in the underlying zoning district or overlay district, and in accordance with al applicable regulations set forth in such zoning district or overlay district, residential developments consisting solely of non-transient residential units and allowable accessory uses shall be eligible for applicable incentives set forth in such zoning district or overlay district, subject to the property owner's agreement to be bound by the following conditions:

   1. Lodging Use Conversion and Prohibition. In order to be eligible for the residential use incentives, the property shall be required to fully vacate any and all existing transient uses including, but not limited to, bed & breakfast inn, hostel, hotel, apartent hotel, suite hotel or rooming house. Such transient uses shall be prohibited throughout the development and at all times, in order to maintain the residential use incentives authorized for the applicable zoning district or overlay district.

   2. Short Term Rental Conversion and Prohibition. In order to be eligible for the voluntary residential use incentives authorized for the applicable zoning district or overlay district, the property owner(s) shall first be required to vacate any and all existing approvals for the short-term rental of any apartment units on the property.

   3. Covenant. As a condition of eligibility for the voluntary residential use incentives authorized for the applicable zoning district or overlay district, the property owner(s) shall first be required to execute a restrictive covenant running with the land, in a form approved by the City Attorney, affirming that throughout the building and at all times, no residential units on the property shall be leased or rented for a period of less than six months and one day, and that no transient uses including, but not limited to, bed & breakfast inn, hostel, hotel, apartment hotel, suite hotel or rooming house, shall be permitted on the property. The covenant shall expressly provide that an affirmative vote of six-sevenths of all members of the city commission shall be required in order to release the covenant or to modify the covenant in such a manner as to impose a less stringent restriction after it is executed.

   4. Certificate of Appropriateness. If the property is located within a local historic district or site, as a condition of eligibility for the voluntary residential use incentives authorized for the applicable zoning district or overlay district, the property owner(s) shall be required to retain, preserve and restore all contributing structures on the site, as may be required by the historic preservation board and subject to certificate of appropriateness approval in accordance with chapter 2, article VIII of the land development regulations of the city code.

2. There shall be no variances from the requirements of this section for eligible developments.

1. Legislative intent. The City Commission has adopted and may, from time to time, adopt future voluntanr zoning incentives to encourage non- transient residential development, subject to a property owner's agreement to strictly comply with certain conditions. These conditions may include, without limitation, the recording of a declaration of restrictive covenants, in a form approved by the City Attorney, requiring the abandonment of existing transient uses on the property, as well as a prohibition of future transient uses on the property. At a minimum, these declarations provide that throughout the property and at all times, no residential units on the property shall be leased or rented for a period of less
   than six months and one day, and that no transient uses including, but not limited to, bed breakfast inn, hostel, hotel, apartment hotel, suite hotel, or rooming house shall be permitted on the property. For purposes of this section, each such covenant shall be referred to as a " non- transient use covenant." This section is intended to implement
   additional safeguards to ensure the use of the property remains consistent with the purpose of the zoning incentives.
2. Amendment or release of restrictive covenants. In all instances where a property owner(s), as a condition of eligibility for an applicable non-transient residential zoning incentive, is required to record a non-transient use covenant, the covenant shall expressly provide that an affirmative vote of six-sevenths of all members of the city commission shall be required
   in order to release the covenant or to modify the covenant in such a manner as to impose a less stringent restriction after it is executed.

Where authorized in the underlying zoning district or overlay district, the following incentives shall be applicable to school developments, including colleges, elementary schools, high schools, kindergarten schools, middle schools, pre-schools, or universities, that are public schools or are designated by the Internal Revenue Service as tax-exempt pursuant to section 501( c)( 3) of the Internal Revenue Code.

1. Eligible development shall be limited to educational facilities located south of 63rd Street.
2. Eligible educational facilities shall have no minimum off-street parking requirement. Such facilities may, however, provide off-street parking without such parking counting as allowable floor area.
3. Eligible educational facilities may request a Commission Warrant pursuant to section 2.7.1 to exceed the maximum allowable FAR within the underlying zoning district or overlay district by up to 10 percent, not to exceed a total of 5,000 additional square feet.
4. Eligible educational facilities may request a Commission Warrant pursuant to section 2.7.1 to reduce the required setbacks, open space, and lot coverage requirements within the underlying zoning district or overlay district by 50 percent.
5. Eligible educational facilities located within commercial and high intensity zoning districts shall not require a conditional use permit.
6. The following shall apply to eligible educational facilities that do not exceed 25,000 square feet of floor area or the maximum allowable floor area within the underlying zoning or overlay district, whichever is less, and do not exceed 50'- 0" in height or the maximum allowable height within the underlying zoning or overlay district, whichever is less:
   1. For properties not located within a local historic district, mandatory Design Review Board approval for the design of eligible educational facilities shall not be required.
   2. For properties located within a local historic district, mandatory Historic Preservation Board approval for the design of eligible educational facilities shall not be required. This provision shall not apply to any proposed demolition associated with the development of an eligible educational facility.

1. There is hereby created the North Beach Commercial Character Overlay District (the "overlay district"). The overlay district consists of the properties located to the north of 63rd Street, identified in the map below in this subsection (a). and the properties identified in the Ocean Terrace/Harding Townsite Area described in subsection (b) below: map 2024-4673 a

2. The Ocean Terrace/Harding Townsite Area is identified in the map below and is generally located between Harding Avenue to the west and Ocean Terrace to the east, between 73rd and 75th Streets:

   

   
   

3. The purpose of this overlay district is to limit the proliferation of uses which may diminish the character of historic commercial areas within the city. This overlay district is designed based on and intended to achieve the following:

   1. The North Beach area of the City is located to the north of 63rd Street;

   2. A large portion of the North Beach area is located within the North Shore National Register District and the Normandy Isles National Register District;

   3. A large portion of the North Beach area is located within the locally designated Normandy Isles Historic District, North Shore Historic District, Harding Townsite Historic District, Altos Del Mar Historic District, and the North Beach Resort Historic District;

   4. Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets are within the Harding Townsite historic district and the North Shore National Register historic district;

   5. Properties fronting Harding Avenue between 73rd and 75th Streets are within North Shore National Register historic district;

   6. The City of Miami Beach has undertaken a master planning process for the North Beach area that includes the Harding Townsite historic district and North Shore National Register district, in order to encourage the revitalization of the area by improving cultural, retail, and dining experiences for residents and vistors to the area;

   7. Formula commercial establishments and formula restaurants are establishments with multiple locations and standardized features or a recognizable appearance, where recognition is dependent upon the repetition of the same characteristics of one store in multiple locations;

   8. Formula commercial establishments and formula restaurants are increasing in number within many historic districts;

   9. The sameness of formula commercial establishments, while providing clear branding for retailers, conflicts with the city's Vision Statement which includes creating "A Unique Urban and Historic Environment";

   10. Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many formula commercial establishments detract from the distinctive character and aesthetics of the historic districts;

   11. The increase of formula commercial establishments hampers the unique cultural, retail, and dining experience in commercial and mixed-use areas of the city's historic districts;

   12. Specifically, the proliferation of formula commercial establishments may unduly limit or eliminate business establishment opportunities for unique businesses, thereby decreasing the diversity of cultural, retail, and dining services available to residents and visitors;

   13. The homogenizing effect of formula commercial establishments, based on their reliance on standardized branding, increases if the size of the establishment, the number of locations or size or use of branded elements is greater;

   14. The increased level of homogeneity detracts from the uniqueness of the City's historic districts, which thrive on a high level of interested maintained by a mix of cultural, retail, and dining experiences that are not found elsewhere in the country;

   15. It is not the intent of the city to limit interstate commerce, but rather to maintain the historic character of neighborhoods and promote their unique cultural, retail, and dining experiences that are vital to the city's economy;

   16. It is the intent of the city that if an establishment that has multiple locations and standardized features or a recognizable appearance seeks to locate within certian areas affected by this division that such establishment provide a distinct array of merchandise, facade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks;

   17. Convenience stores, pharmacy stores and formula eating establishments have similar impacts to the unique character of this important area of the city as formula stores;

   18. Check cashing stores, pawnshops, souvenir and t-shirt shops, tattoo studios, fortune tellers (occult science establishments), massage therapy center, and package liquor stores are uses which negatively affect surrounding areas; and

   19. It is the intent of the city to limit the number of establishments which may negatively affect surrounding areas.

1. Location and Purpose (Alton Beach Bayfront Overlay District).

​​​​​The overlay regulations of this section shall apply to the following properties:

Lot 3, Block 80 of the Bay Garden Manor Condo, according to the plat thereof, recorded in PLat Book 6, Page 12, of the Public Records of Miami-Dade County.

b.Development Regulations - Underlying RM-3 Zoning

Notwithstanding the development regulations contained in Section 7.2.6, the following regulations shall govern proposed development within the boundaries of this overlay district on properties with an underlying zoning classification of RM-3. In the event of any conflict between the overlay regulations and the requirements of the Resiliency Code, these regulations shall control:

1. Main Permitted Uses: Only residential uses and associated accessory uses permitted by the underlying RM- 3 regulations shall be permitted. Additionally, the following regulations shall be applicable to development utilizing FAR and height incentives within the overlay:
   1. Bars and entertainment establishments shall be prohibited.
   2. Accessory restaurant uses that are open to the public shall be subject to the following restrictions:
      1. Outdoor seating in connection with any restaurant use that is open to the public shall be prohibited.
      2. The restaurant shall not exceed 4,000 square feet in size.
      3. The restaurant shall not serve alcoholic beverages and shall not hold an alcoholic beverage license of any kind.
      4. The restaurant shall be limited to a maximum of 80 seats.
      5. The restaurant shall close by 8:00 PM each night.
2. Floor Area Bonuses: As a voluntary development incentive, subject to the property owner' s strict compliance with conditions of this subsection, a project within the overlay shall be eligible for the following floor area bonuses, not to exceed a cumulative bonus FAR of 3.0.
   1. The base floor area in the Alton Beach Bayfront OVerlay shall be 2.75.
   2. New construction limiting density to a maximum of 75 units per acre shall be eleigible for a floor area ration bonus of 0.25; and
   3. A property owner that elects, at the owner's sole discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the city attorney, affirming that no residential unit on the property shall be leased or rented for a period of less than six months and one day, shall receive a floor area bonus of 0.25. The covenant shall expressly provide that an affirmative vote of six-sevenths of all members of the City Commission shall be required in order to release the covenant or to modify the covenant in such a manner as to impose a less stringent restriction after it is executed; and
   4. A property owner that enters into a development agreement for capital improvements along the West Avenue corridor, defined as the area bounded by 5th Street on the south, 17th Street on the north, Alton Court on the east, and Biscayne Bay on the west, and other public benefits that could be applied on a City-wide basis, shall receive a floor area ratio bonus of up to 2.5, based on the following capital improvements or public benefits:
      1. Acquisition of property containing a transient use within the West Avenue corridor and conveyance of the property to the City: 2.0.
      2. Design, permitting, and construction of the portions of the Bay Walk located at 800 West Avenue, 1228 West Avenue, and 1450 Lincoln Road or, in the event the requisite easements from upland owners cannot be obtained, contribution of funds to the City for construction of the Bay Walk or any other capital improvement project: 0.50.
   5. The total FAR for an eligible site, including base FAR and cumulative bonus FAR, shall not exceed 5.75.
3. Building Height Bonus: As a voluntary development incentive, subject to the property owner's strict compliance with conditions of this subsection, a project that implements all of the floor area bonuses provided in subsections 2.a-d above shall receive a height bonus of up to 180 feet. The maximum building height for an eligible site, including bonus height, shall not exceed 330 feet.
4. Setbacks:
   1. Front Setback;
      1. Subterranean and Pedestal: 20 feet
      2. Tower: 150 feet
      3. There shall be no variances from the minimum tower front setback requirements.
   2. Side Interior Setback
      1. Subterranean: 16 feet
      2. Pedestal:
         1. North Side:
            1. Ground Floor: 16 feet
            2. Second Floor: 19 feet
         2. South Side:
            1. Ground Floor: 26 feet
      3. Tower: 26 feet
         1. Sum of Side Yards: 42 feet
   3. Rear Setback:
      1. Pedestal: 42 feet
      2. Tower: 63 feet
      3. There shall be no variances from the minimum tower rear setback requirement.
5. Allowable encroachment into required yards:
   1. Architectural overhangs, ledges, or terraces may project up to 10 feet into a required side yard setback.
   2. Columns at the first two levels of the pedestal may encroach up to 8 feet into the required side yard setback.
   3. Pedestrian pathways for access to the Bay Walk may be located entirely in required yards.
6. Parking Requirements:
   1. Within the overlay, all required parking shall be located within subterranean levels, except for off-street loading spaces, valet circulation space, and a maximum of ten (10) visitor parking spaces. There shall be no variances from this provision.
   2. Within the overlay the minimum off-street parking requirements may be satisfied using mechanical or robotic parking systems fully enclosed within a parking structure. Such mechanical or robotic parking systems shall be exempt from the requirements of Section 5.2.11, and Planning Board approval shall not be required for the use of mechanical or robotic parking systems within the overlay.
   3. Notwithstanding the exemption in subsection b, the mechanical/robotic parking system must satisfy the conditions provided in Section 5.2.11( f), and a restrictive covenant stipulating that a valet service or operator must be provided for as long as the mechanical/robotic system remains in use.

This section describes regulations that are intended to promote adaptation to rising sea levels, storm surge, king tide and fair-weather flooding.

1. Purpose
   In order to ensure that buildings have a long life and ‘loose fit’ and so that they may be retrofitted to accommodate the raising of streets, certain dimensions can be established that will ease the process of retrofitting them. The lowest levels of a building bear the brunt of this need to be flexible enough for a changing grade over time. These lower levels can be divided into Subterranean, Understory, and First Habitable Level (FHL) Standards. Furthermore, First Habitable Level (FHL) standards can be divided into strategies for residential FHLs and nonresidential FHLs.

   LOWER LEVELS OF A BUILDING DEFINITION’S TABLE
   SUBTERRANEAN LEVEL (SL)
   Subterranean means that portion of a building or structure which is equal to or less than Grade. Subterranean levels shall only be permitted in the event that the space is purposed and designed as part of a stormwater management plan, including, but not limited to, stormwater collection and cisterns for reuse of captured water.
   UNDERSTORY LEVEL (UL)
   Understory means the non-air-conditioned space(s) located below the First Habitable Level (FHL). Notwithstanding the foregoing access to the First Habitable Level (FHL) may be air-conditioned. The Understory ground level should not be lower than the Future Crown of the Road for single-family residential structures and Base Flood Elevation (BFE) plus minimum Freeboard for multi-family residential structures.
   RESIDENTIAL FIRST HABITABLE LEVEL (FHL) (NEW CONSTRUCTION)
   First Habitable Level above the Design Flood Elevation (DFE) Design Flood Elevation (DFE) = BFE + Freeboard
   NON-RESIDENTIAL FIRST HABITABLE LEVEL (FHL)
   Non-Residential First Habitable Level (FHL) First Habitable Level above the Future Crown of the Road (frontages of 150 feet or less) or First Habitable Level above the Future Crown of the Road + 14 inches (frontages greater than 150 feet)

2. Subterranean Level Standards for Buildings
   Subterranean levels shall only be permitted in the event that the space is purposed and designed as part of a stormwater management plan, including, but not limited to, stormwater collection, vaults and cisterns for reuse of captured water.
3. Understory Level Standards for Buildings
   1. The use of the Understory shall be allowed in RS Districts for non-habitable purposes and subject to section 7.2.2.3 b.6.
      In RM Districts, in order to avoid the appearance of a dingbat, the following applies:
      1. Where a commercial First Habitable Level (FHL) is allowed, the Understory Level (UL) shall be screened by non-residential uses according to section 7.1.6
      2. For a multifamily building the Understory Level (UL) below the First Habitable Level (FHL) shall be screened by the lobby and other features described in section 7.1.6.
   2. New Construction. In RM Districts, when parking or amenity areas are provided at the Understory Level (UL) below the First Habitable Level (FHL), the following requirements shall apply:
      1. A minimum height of 12 feet shall be provided, as measured from Base Flood Elevation plus minimum Freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable, may waive this height requirement by up to two feet, in accordance with the design review of certificate of appropriateness criteria, as applicable.
      2. All ceiling and sidewall conduits shall be internalized or designed in such a manner as to be part of the architectural language of the building in accordance with the design review or certificate of appropriateness criteria, as applicable.
      3. All parking and driveways shall substantially consist of permeable materials.
      4. Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the ground level, in accordance with the design review or certificate of appropriateness criteria, as applicable.
      5. At least one stair shall be visible and accessible from the building's main lobby (whether interior or exterior), shall provide access to all upper floors, shall be substantially transparent at the ground level and shall be located before access to elevators from the main building lobby along the principal path of travel from the street. Such stair, if unable to meet minimum life-safety egress requirements, shall be in addition to all required egress stairs. Single-family detached houses are exempt from this requirement.
4. Residential First Habitable Level (FHL) Standards
   1. New Construction
      1. The floor of the first habitable level for residential uses shall be located no lower than the Design Flood Elevation (DFE). With the exception of understory homes in the RS districts, the first habitable level shall have a minimum floor-to-ceiling height of 12 feet in order to allow for the future retrofit and raising of the first habitable level, or if Design Flood Elevation (DFE) is adjusted upward in the future.
      2. For residential lobbies and enclosed stairwells that screen parking and that are also located below DFE, these shall have floodproofing for all facades below DFE extending 36 inches above DFE.
5. Non-residential First Habitable Level (FHL) Standards
   1. Existing Structures
      Existing buildings with nonresidential uses on the ground floor that are repaired or rehabilitated, pursuant to section 2.12.7, by more than 50 percent (50%) of the building, as determined by the building official, shall be subject to the following standards:
      1. Where feasible, the ground floor shall be located at a minimum elevation of 1 foot above the highest sidewalk elevation adjacent to the frontage. Ramping and stairs from the sidewalk elevation to the ground floor elevation shall occur inside the property and shall not encroach into the public sidewalk
      2. Except where there are doors, facades shall have a knee wall with a minimum height of 2 feet, 6 inches above the sidewalk elevation. Such knee walls shall include any required flood barrier protection. The planning director or designee may waive this knee wall requirement if the applicant can substantiate that the proposed glass storefront system satisfies all applicable Florida Building Code requirements for flood barrier protection, or if the finished floor meets the minimum freeboard requirements of the city Code
      3. Where feasible, ground floors, wall systems, partitions, doors and finishes shall utilize waterflood damage resistant materials in accordance with all applicable requirements of the Florida Building Code, FEMA regulations, and American Society of Civil Engineer (ASCE) - Flood Resistant Design and Construction Standards, for a minimum of the first 2 feet and 6 inches above the floor elevation
      4. Flood panels for doorways shall be permanently stored adjacent to all doorways, except when in use
      5. Where implementation of the regulations in this section is unfeasible or incompatible with the environment and adjacent structures, they may be waived to the minimum extent necessary by the historic preservation board (HPB) or design review board (DRB), in accordance with the certificate of appropriateness review criteria or design review criteria, as applicable; however, an applicant may be required to implement alternative approaches for adequate mitigation of flooding.
6. New Construction
   The nonresidential First Habitable Level (FHL) shall have a minimum floor-to-ceiling height of 14 feet above DFE in order to allow for the future retrofit and raising of the first habitable level.
   
   For lobbies and non-residential uses that screen parking and that are also located below DFE, these shall have floodproofing for all facades below DFE extending 36 inches above DFE.
   1. Short Frontage Standard
      The following regulations shall apply to new construction with nonresidential uses on the ground floor on frontages with a width of 150 feet or less:
      1. Sidewalk standards. Where feasible, sidewalks shall be constructed as follows:
         1. Circulation zone. The sidewalk shall contain a "circulation zone" with a minimum dimension of 10 feet in width, pursuant to the following standards:
            1. The circulation zone shall be fully illuminated, consistent with the city's street and sidewalk lighting requirements and subject to the review and approval of the public works director.
            2. The design of the circulation zone shall be consistent with the city's public sidewalk requirements.
            3. The circulation zone may be constructed in areas of the public right-of-way and required yards that are in front of a building facade.
            4. The circulation zone shall remain free from obstructions created by landscaping, signage, utilities, and lighting fixtures.
            5. Pedestrians shall have 24-hour access to the circulation zone.
            6. The circulation zone shall include a minimum 5 foot wide "clear pedestrian path," free from obstructions, including, but not limited to, stairs, ramping, handrails, outdoor cafés, sidewalk cafés, and door swings. The clear pedestrian path shall be delineated by in-ground markers that are flush with the path, including differing pavement tones, differing pavement type, or by another method approved by the planning director.
            7. An easement providing for perpetual public access shall be provided to the city for portions of the circulation zone that are constructed within the setback area on private property.
         2. Landscape area. A "landscape area" between the circulation zone and the adjacent automobile parking or vehicle travel lanes shall be provided as follows:
            1. The landscape area shall be predominantly landscaped, except where there are access paths, public transit stops, valet parking stands, lighting fixtures, pedestrian crossings, or driveways.
            2. The landscape area shall have a minimum width of 5 feet.
            3. Street trees shall be planted within the landscape area.
            4. Where the landscape area is adjacent to on-street parking, access paths shall be provided between parking spaces so that each parking space has access to the circulation zone generally from either the front end or rear end of the vehicle. Access paths shall be no wider than 36 inches.
            5. Street and pedestrian lighting fixtures shall be located within the landscape area.
            6. The circulation zone may encroach into the landscape area in order to meet adjacent sidewalks and street crossings.
      2. Setbacks. The building's ground floor façade, parking areas, and loading areas shall be set back a minimum of 15 feet from the back of curb to provide sufficient area to accommodate the required circulation zone and landscape area in cases where the public right-of-way is not sufficiently wide. If the underlying zoning regulations require a larger setback, the larger setback shall be required.
      3. Ground floor elevation. The ground floor shall be located no lower than the future crown of road elevation.
      4. Ramping and stairs. Ramping and stairs from the sidewalk elevation to 14 inches below the ground floor elevation may occur on the exterior of the building and encroach into the circulation zone only if within 5 feet of the façade of the building. Ramping and stairs shall not encroach into the clear pedestrian path. Ramping above 14 inches below the ground floor elevation shall occur within the property and shall not encroach into the public sidewalk or setback areas.
      5. Knee wall. Except where there are doors, facades shall have a knee wall with a minimum height of two feet, 6 inches above the sidewalk elevation. Such knee walls shall include any required flood barrier protection. The planning director or designee may waive this knee wall requirement if the applicant can substantiate that the proposed glass storefront system satisfies all applicable Florida Building Code requirements for flood barrier protection or if the finished floor meets the minimum freeboard requirements of the city Code.
      6. Flood panels. Flood panels for doorways shall be permanently stored next to doorways, except when in use.
      7. Multiple frontages. For developments that contain more than one frontage, and where one such frontage is greater than 150 feet, the requirements of (editor) section 7.1.2.2.e.2.B. shall apply.
      8. Waivers. Where implementation of the regulations in this section is unfeasible or incompatible with the environment and adjacent structures, they may be waived to the minimum extent necessary by the historic preservation board (HPB) or design review board (DRB), in accordance with the certificate of appropriates review criteria or design review criteria, as applicable; however, an applicant may be required to consider alternative approaches for adequate mitigation of flooding.

         SHORT FRONTAGE STANDARDS TABLE

   2. Long Frontage Standards
      The following regulations shall apply to new construction with nonresidential uses on the ground floor on frontages with a width greater than 150 feet
      1. Sidewalk standards. The sidewalk shall be raised to the future crown of road elevation, except for transition areas and where there are street crossings, intersections, or driveways, as follows
         1. Circulation zone. The sidewalk shall contain a "circulation zone" with a minimum dimension of 10 feet wide, pursuant to the following standards:
            1. The "circulation zone" shall be fully illuminated, consistent with the city's street and sidewalk lighting requirements and subject to the review and approval of the public works director.
            2. The design of the circulation zone shall be consistent with the city's public sidewalk requirements.
            3. The circulation zone may be constructed in areas of the public right-of-way and required yards that are in front of a building facade.
            4. The circulation zone shall remain free from obstructions created by landscaping, signage, utilities, stairs, ramping, handrails, and lighting fixtures.
            5. Pedestrians shall have 24-hour access to the circulation zone.
            6. The circulation zone shall include a minimum 5-foot wide "clear pedestrian path," free from obstructions, including, but not limited to, outdoor cafés, sidewalk cafés, handrails, and door swings. The clear pedestrian path shall be delineated by in-ground markers that are flush with the path, including differing pavement tones, differing pavement type, or by another method approved by the planning director.
            7. An easement providing for perpetual public access shall be provided to the city for portions of the circulation zone that are constructed within the setback area on private property.
         2. Parallel transition areas. "Parallel transition areas" between the raised circulation zone and lower level sidewalks, street crossings, intersections, and driveways shall be accommodated within the frontage adjacent to the new development as follows
            1. The parallel transition areas shall not contain steps, switchback ramps, or handrails.
            2. The parallel transition areas shall be of the minimum length necessary so as to not require the use of steps, switchback ramps, and handrails between the higher future crown of road elevation and the lower level sidewalk, pedestrian crossing, or driveway elevation.
         3. Landscape transition areas. "Landscape transition areas" between the raised circulation zone and the adjacent automobile parking or vehicle travel lanes shall be provided as follows
            1. The landscape transition area shall be predominantly landscaped, except where there are access steps, lighting fixtures, pedestrian crossings, or driveways.
            2. The landscape transition area shall have a minimum width of 5 feet.
            3. Street trees shall be planted within the landscape transition area in raised planters or stabilized planting areas that at a minimum match the elevation of the circulation zone.
            4. Where the landscape transition area is adjacent to on-street parking, access steps shall be provided between parking spaces so that each parking space has access to the circulation zone generally from either the front end or rear end of the vehicle. Steps shall be no wider than 36 inches, not included handrails.
            5. Handrails shall only be permitted for access steps to on-street parking.
            6. Street and pedestrian lighting fixtures shall be located within the landscape transition area.
            7. The circulation zone may encroach into the landscape transition area in order to meet adjacent sidewalks and street crossings. The encroachment shall be the minimum necessary to comply with the requirements for and shall comply with the requirements of parallel transition areas.
               Notwithstanding the standards in subsections (1) to (2) above, public transit stops and valet parking stands, may be located within the landscape transition area. In the event of a conflict, the provisions in this section shall be superseded by any requirement in the city Code, Miami-Dade County Code, or state law that is applicable to public transit stops or valet parking stands.
         4. Setbacks. The building's ground floor facade, parking areas, and loading areas shall be set back a minimum of 15 feet from the back of curb to provide sufficient area to accommodate the required circulation zone and landscape transition areas in cases where the public right-of-way is not sufficiently wide. If the underlying zoning regulations require a larger setback, the larger setback shall be required.
      2. Driveways. Driveways to access off-street parking, drop-off, and loading areas shall comply with the following:
         1. Where a development has more than one frontage, driveways should be located facing the street with the lowest traffic volumes.
         2. The number of driveways should be minimized to the greatest extent possible.
         3. Where the circulation zone passes through a driveway, the surface shall be fully horizontal in a direction perpendicular to the facade of a building, so as to provide a safe and comfortable pedestrian environment.
         4. Mountable curbs shall be utilized, where feasible.
      3. Ground floor elevation. The ground floor shall be located a minimum elevation of 14 inches above the future crown of road elevation. Ramping and stairs from the sidewalk circulation zone to the ground floor elevation shall occur within the property and not encroach into the circulation zone or setback areas, unless adequate space exists on the exterior.
         1. Knee wall. Except where there are doors, facades shall have a knee wall with a minimum height of 2 feet, 6 inches above the future crown of road elevation. Such knee walls shall include any required flood barrier protection. The planning director or designee may waive this knee wall requirement if the applicant can substantiate that the proposed glass storefront system satisfies all applicable Florida Building Code requirements for flood barrier protection.
         2. Flood damage-resistant materials. Ground floors, walls system, partitions and doors shall utilize water flood damage resistant materials in accordance with all applicable Florida Building Code, FEMA regulations and American Society of Civil Engineer (ASCE) - Flood Resistant Design and Construction Standard, for a minimum of the first 2 feet, 6 inches above the ground floor elevation.
         3. Flood panels. Flood panels for doorways shall be permanently stored adjacent to all doorways, except when in use.
         4. Waivers. Where implementation of the regulations in this section is unfeasible or incompatible with the environment and adjacent structures, they may be waived to the minimum extent necessary by the historic preservation board (HPB) or design review board (DRB), in accordance with the certificate of appropriateness review criteria or design review criteria, as applicable; however, an applicant may be required to implement alternative approaches for adequate mitigation of flooding.

            Long Frontage Standards Table

1. Purpose
2. To encourage the incremental raising of grade on private parcels that accompanies and anticipates the future raising of rights-of-way. These design standards, when bolstered by ecological restoration at water’s edge, can reduce wave energy from storm surge as well as make properties less vulnerable to flooding.
3. New Construction
   1. Minimum and maximum Yard Elevation Requirements. The following shall apply to all residential building types that have required yards. Requirements for RS-1, RS-2, RS-3 and RS-4 are located in section 7.2.2.3.b.10.B.

      MINIMUM AND MAXIMUM YARD ELEVATION REQUIREMENTS
      	Minimum	Maximum
      Front Yard	Future Adjusted Grade (1) (2) (4)	Base Flood Elevation (BFE) (1) (3) (4)
      Side, Facing a street Yard
      Side, Interior Yard		Base Flood Elevation (BFE) (1) (3)
      Rear Yard - Non Waterfront
      Rear Yard - Waterfront		Base Flood Elevation (BFE) plus maximum freeboard (1) (3)
      YARD LOCATIONS (FOR REQUIREMENTS ONLY) MINIMUM AND MAXIMUM YARD ELEVATIONS
      With the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens, and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in this table, the minimum elevation requirements shall still apply. The minimum yard elevation requirements shall not apply to existing structures. In no instance shall the elevation of a required yard exceed the Design Flood Elevation (DFE). The maximum height of any fence(s) or wall(s) in the required front yard, shall be measured from existing grade.

   2. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations.
   3. Retaining wall and yard slope requirements. The following shall apply to all residential building types that have required yard. Within the required front yard, required side yard facing a street and rear and side interior yards the following shall apply (Requirements for RS-1, RS-2, RS-3 and RS-4 are located in section 7.2.2.3.b.10.D.):

1. Criteria
   
   The city's land use boards shall consider the following when making decisions within their jurisdiction, as applicable:
   1. Criteria for development orders
      1. A recycling or salvage plan for partial or total demolition shall be provided.
      2. Windows that are proposed to be replaced shall be hurricane proof impact windows.
      3. Where feasible and appropriate, passive cooling systems, such as operable windows, shall be provided.
      4. Resilient landscaping (salt tolerant, highly water-absorbent, native, or Florida-friendly plants) shall be provided, in accordance with chapter 4 in Land Development Regulations.
      5. The project applicant shall consider the adopted sea level rise projections in the Southeast Florida Regional Climate Action Plan, as may be revised from time-to-time by the Southeast Florida Regional Climate Change Compact. The applicant shall also specifically study the land elevation of the subject property and the elevation of surrounding properties.
      6. The ground floor, driveways, and garage ramping for new construction shall be adaptable to the raising of public rights-of-way and adjacent land, and shall provide sufficient height and space to ensure that the entry ways and exits can be modified to accommodate a higher street height of up to 3 additional feet in height.
      7. As applicable to all new construction, all critical mechanical and electrical systems shall be located above base flood elevation. All redevelopment projects shall, whenever practicable and economically reasonable, include the relocation of all critical mechanical and electrical systems to a location above base flood elevation.
      8. Existing buildings shall, wherever reasonably feasible and economically appropriate, be elevated up to base flood elevation, plus City of Miami Beach Freeboard.
      9. When habitable space is located below the base flood elevation plus City of Miami Beach Freeboard, wet or dry flood proofing systems will be provided in accordance with chapter 54 in General Ordinances.
      10. As applicable to all new construction, stormwater retention systems shall be provided.
      11. Cool pavement materials or porous pavement materials shall be utilized.
      12. The design of each project shall minimize the potential for heat island effects on-site.
   2. Criteria for ordinances, resolutions, or recommendations:
      1. Whether the proposal affects an area that is vulnerable to the impacts of sea level rise, pursuant to adopted projections.
      2. Whether the proposal will increase the resiliency of the city with respect to sea level rise.
      3. Whether the proposal is compatible with the city’s sea level rise mitigation and resiliency efforts.

Whereas resilience and adaptation are the response to threats posed by climate change, environmental mitigation represents the strategies that reduce greenhouse gas emissions and ecological degradation that is often associated with the built environment.

Sustainable building practices will promote the economic and environmental health of the city, and ensure that the city continues to become environmentally resilient to combat sea level rise and help curb climate change. This chapter is designed to achieve the following objectives:

1. Increase energy efficiency in buildings;
2. Encourage water and resource conservation;
3. Reduce waste generated by construction projects;
4. Reduce long-term building operating and maintenance costs;
5. Improve indoor air quality and occupant health;
6. Contribute to meeting state and local commitments to reduce greenhouse gas production and emissions; and
7. Encourage sound urban planning principles.

Mandatory compliance with the requirements of this section shall be required for all applicants with building permit applications that meet the following criteria (hereinafter "eligible participants"):

• All new construction that proposes over 7,000 square feet of construction of a structure; or
• Ground floor additions (whether attached or detached) to existing structures that encompass over 10,000 square feet of additional floor area.
• Notwithstanding the foregoing, non- elderly and elderly low and moderate income and workforce housing developments shall be exempt from the requirements of this article. However, such developments are encouraged to incorporate green building elements that further the intent and purpose of section 7.1.3.1.

1. Original Green’ Standards
   Purpose. The purpose of Original Green Standards is to promote design principles that do not rely upon advanced technology in order to deliver sustainability. These principles may include passive cooling techniques and design features that encourage cross-ventilation, the provision of higher ceilings to increase the comfort of building occupants, and other measures to reduce the reliance upon mechanical systems.
2. USGBC or International Living Institute Based Standards
   Purpose: The city's intent is to establish a certification compliance schedule that incentivizes all qualifying projects to attain at a minimum LEED Gold certification, or similar green building program recognized in this chapter.
   This section shall be administered using standards developed for and standards developed by the United States Green Building Council (USGBC) or the International Living Future Institute. All eligible participants who are certified as having satisfied all of the requirements of the green building certification agency, including, but not limited to, any monetary or certification requirements, are eligible for a partial or full refund of the sustainability fee identified in section 7.1.3.2.b.1.B., herein based upon the level of compliance with the regulations in this chapter.
   1. Sustainability Fee Program
      Generally. A sustainability fee will be assessed for all eligible participants. The calculation of the fee, provisions for refunding all or portions of the fee, its purpose, and eligible uses are detailed within this division.
      1. Sustainability fee calculation.
         1. In order to obtain a certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, the eligible participant must first post a sustainability fee payment bond or issue full payment of the sustainability fee to the city. The sustainability fee shall be valued at 5 percent (5%) of the total construction valuation of the building permit. However, the eligible participant may be entitled to a refund or partial refund, of the bond, or payment of the sustainability fee, based upon achieving the program certification levels in the compliance schedule below:

            CERTIFICATION COMPLIANCE SCHEDULE
            Level of Certification Achieved	Sustainability Fee Reimbursement to Participant for Meeting Certain Green Building Certification Levels
            Failure to obtain Certification	0% refund of bond or payment of Sustainability fee
            LEED Certified	50% refund of bond or payment of Sustainability fee
            LEED Silver Certified	66% refund of bond or payment of Sustainability fee
            LEED Gold Certified or International Living Future Institute Petals or Net Zero Energy Certified	100% refund of bond or payment of Sustainability fee
            LEED Platinum Certified or International Living Future Institute Living Building Challenge Certified	100% refund of bond or payment of Sustainability fee

            If the proof of green building certification is provided prior to the obtaining a TCO, CO, or CC, the "sustainability fee" shall be in the full amount identified above, minus the refund for the level of green building certification achieved identified in the certification compliance schedule.
         2. The sustainability fee shall be valuated upon the eligible participant's submittal at time of application for certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, upon review by the planning department during zoning review of the certificate. The sustainability fee bond or full payment shall be provided by participant prior to obtaining a certificate of occupancy (CO) or certificate of completion, whichever comes first.
         3. Refund of the sustainability fee or bond to the eligible participant may occur as provided for in subsection (A), above, provided the eligible participant complies with the certification compliance schedule within the timeframe identified in section 7.1.3.2.b.1.B.II.
         4. The entirety of the sustainability fee shall be forfeited to the city based upon participant's failure achieve the applicable green building certification levels identified in section 7.1.3.2.b.1.A. within the timeframe identified in section 7.1.3.2.b.1.B.II.
      2. Review procedures.
         1. Prior to obtaining a certificate of occupancy (CO) or certificate of completion (CC), whichever comes first, the qualifying projects shall post a bond with the city, or in the alternative, provide a payment to the city, in the amount of the "sustainability fee" identified in section 7.1.3.2.b.1.A.I.
         2. Within one year from the receipt of a certificate of occupancy (CO) or certificate of completion (CC), the owner shall submit proof of green building certification for the development from the green building certification agency.
            1. The bond or payment provided, or percentage thereof, shall be refunded to program participants that have achieved a level of green building certification identified in the certification compliance schedule in 7.1.3.2.b.1.
            2. The planning director may approve, upon the request of the eligible participant, a one-time one year extension, provided proof that the green building certification agency's review remains pending to determine final certification.
         3. Building permit applications for a green building project submitted or resubmitted for review shall be given priority review over projects that are not green building projects by the city's departments reviewing such applications.
         4. All building inspections requested for green building projects shall be given priority over projects that are not green building projects.

      3. Deposit of funds; account.

         1. The city has established a sustainability and resiliency fund. The revenue generated through the sustainability fee program shall be deposited in the sustainability and resiliency fund.

         2. Interest earned under the account shall be used solely for the purposes specified for funds of such account.
         3. Sustainability fees deposited and credited to the sustainability and resiliency fund account, and credited to the eligible participant, pursuant to section 7.1.3.2.b.1.B, shall be identified, within the city's sustainability and resiliency fund.
         4. Appropriation of deposited funds in the sustainability and resiliency fund shall not be permitted until the applicable refund period, established in section 7.1.3.2.b.1.B.II, for those funds has lapsed.
         5. Should the eligible participant provide a bond, rather than pay the sustainability fee, then, the city shall safeguard the bond, to ensure compliance with this chapter. The city shall return the bond, or make a claim for a portion of the bond, depending on the eligible participant's compliance with section 7.1.3.2.b.1.B.II and section 7.1.3.2.b.1.A.I.
      4. Earned fees in the sustainability and resiliency fund shall be utilized to provide public improvements that increase the sustainability and resiliency of the city. Expenditures from these funds shall require prior city commission approval. Prior to any expenditure, the city manager shall provide a recommendation to the city commission.
      5. Such improvements that increase the resiliency of the city may include:
         1. Environmental restoration projects;
         2. Environmental remediation projects;
         3. Environmental monitoring;
         4. Green infrastructure;
         5. Enhanced stormwater quality and quantity improvements; and/or
         6. Sustainability planning efforts.

A walkable environment is created by unifying design of the public realm with private frontages that shape the public realm. There are a variety of frontage types, which vary depending on the zoning district and the uses at the eye-level of the pedestrian. This section illustrates how these frontages ought to be designed in order to accommodate future raising of the street.

To encourage spaciousness within residential and hotel units while discouraging units sizes associated with transiency and short term rentals.

The following unit sizes shall apply. Where these units sizes are in conflict with those associated with a specific zoning district or overlay district, then those associated with the zoning district or overlay district shall prevail.

By screening parking lots and garages, or by lining them with habitable space, pedestrian comfort, and safety as well as visual interest are optimized, contributing to the walkability of a district.

1. Parking at the Understory Level (below the First Habitable Level). Parking at the Understory Level shall be lined along a minimum of 50 percent (50%) of the built frontage with non-residential uses, lobbies or stoops that provide access to the First Habitable Level (FHL).
2. All floors at the first habitable level (FHL) and above of a building containing parking spaces shall incorporate the following as applicable.
   1. Habitable space, as applicable, at the first habitable level along every facade facing a street, sidewalk or waterway. For properties not having access to an alley, the required habitable space may accommodate entrance and exit drives. The total width of the entrance and exit drives shall not exceed 22 feet. For habitable space that screen parking and that are also located below DFE, these shall have floodproofing for all facades below DFE extending 36 inches above DFE.
   2. Habitable space above the first habitable level along every façade facing a waterway. In RM-2 and RM-3 Residential uses are required facing a waterway.
   3. For properties less than 60 feet in width, the total amount of habitable space at the first habitable level along a street side shall be determined by the design review or historic preservation board, as applicable. All facades above the first habitable level, facing a street or sidewalk, shall include a substantial portion of habitable space; the total amount of habitable space shall be determined by the design review or historic preservation board, as applicable, based upon their respective criteria.
   4. Where parking is not lined with habitable space it should be screened by fenestration, vegetation or other such treatment.
3. Notwithstanding the provisions of Section 5.3.10, "Parking Garage Design Standards", main use parking garages within the I-1 district on Terminal Island are not required to be lined with habitable space along every facade facing a waterway, but may be screened.

1. The purpose of this section is to enhance the unique architectural environment of the city by establishing guidelines for the choice of primary colors for the exterior surfaces of buildings and structures, including courtyards accessible to the public.
2. The enforcement of this section 7.1.7, including subsections 7.1.7.1 through 7.1.7.3, shall be suspended from December 27, 2025 through March 31, 2026, as it pertains to exterior colors on stucco, plaster and similar surfaces on buildings located in commercial and multi-family zoning districts only. This subsection b. shall sunset and stand automatically repealed on March 31, 2026.

1. The painting of all public and private development, including, but not limited to, new buildings, structures, additions or alterations and the repainting of existing buildings and structures, shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2.
2. The reflectance, tinting and coloration of glass on the elevations of a building or structure shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2.
3. The color of unpainted natural or manufactured materials applied to the exterior facade of buildings or structures shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2.
4. The color of roof tiles or roof finishes shall be subject to these regulations and shall be reviewed under the certificate of appropriateness or design review procedures as set forth in chapter 2.

1. The city exterior color review chart (color chart).
   1. A pre-approved color chart shall be available in the planning department. An applicant for a building permit for paint or the application of a building surface material shall select a color of equal or lesser intensity than a color intensity from the color chart.
   2. The city exterior color review chart shall consist of the following components:
      1. City-wide color intensities. These intensities shall be applicable to all structures, except for contributing structures, buildings, improvements in locally designated historic districts and historic sites.
      2. Historic district color intensities. These intensities shall be applicable to contributing structures, buildings and improvements in locally designated historic districts and to historic sites.
      3. Mediterranean revival architecture colors. These colors are applicable only to Mediterranean revival architecture buildings and structures and are limited to natural earth tones as represented by examples on the color chart. For purposes of this section 7.1.7.3.a.2.C, Mediterranean revival architecture shall be defined as those structures built between 1915 through 1940. This style is generally characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements.
   3. Colors commonly described with terms such as neon, fluorescent, day-glo, iridescent and similar terms shall not be permitted to be applied to the exterior surface of any structure unless such color has been approved by the design review board or joint design review board/historic preservation board, as applicable.
2. Permit required.
   1. A building or structure shall not be painted or have applied a natural or manufactured material as an exterior facade without first receiving a building permit or paint permit pursuant to the applicable requirements of the Florida Building Codeand the city’s land development regulations. No building or structure shall be painted or have a material applied to the exterior facade, except in a paint color or material approved pursuant to the provisions of this section 7.1.7.3.b.
   2. Permits for repainting of existing structures or painting of new structures, or applying a natural or manufactured material to an exterior facade, shall not be issued until either: (a) the applicant selects a color from the approved color chart for approval of paint permit application, or (b) has a specific color, not represented in the color chart, or a specific color which may require approval of the design review board or historic preservation board as applicable. This provision does not apply to single family homes unless designated historic or located in a historic district.
   3. If the building or structure to be painted, or surfaced with a natural or manufactured material, requires a permit or approval in addition to a paint or material approval from a board or the planning, design and historic preservation division, the applicant may submit an application for a building permit or board approval simultaneously with an application for paint or material color approval. However, a certificate of occupancy, certificate of completion, or certificate of use, whichever is requested earlier, shall not be issued until the planning, design and historic preservation division or design review or historic preservation board, as applicable, approves the color selection. The planning director shall have the authority to approve or deny the color selection based upon the criteria as set forth in section 7.1.7.3.c. The criteria listed in section 7.1.7.3.c may be utilized for projects being reviewed by the design review or historic preservation board, as applicable.
3. Review criteria.
   1. The exterior of each wall of a building or structure shall be in a color of equal or less intensity than one of the colors on the city exterior color review chart.
   2. Color intensities greater than those represented on the city exterior color review chart may be utilized only for purposes of emphasizing trim and accenting architectural features of a structure and shall be limited to the trim.
   3. Color intensities listed in neighborhood plans or, to the extent applicable, listed in exterior design guidelines adopted by the city commission may be used, in the neighborhoods or areas defined in such plans or guidelines, in lieu of those specified in the city exterior color review chart.
   4. Colors selected shall be appropriate to the architectural style, ornamentation, massing and scale of the structure.

The playing or engaging in any game of cards, keno, roulette, faro, or other game of chance, at any place, by any device, whatever, for money or other thing of value, shall be considered to be "gambling." An establishment in which gambling occurs is a casino.

"Fantasy contest" shall include, but not be limited to, a fantasy or simulation sports game or contest in which contest participants manage a fantasy or simulation sports team for prizes or money in any gambling or casino use in the city.

Gambling and casinos are prohibited in the City of Miami Beach. Gambling and casino uses shall include all uses authorized pursuant to F.S. chs. 550 and 551, as may be amended from time to time: and "fantasy contests." as defined above. These uses are prohibited in any zoning category within the city, whether as a main, conditional, or accessory use. No business tax receipt shall issue for the aforementioned uses, which may also include, but not be limited to: any machine of chance (device) regulated by the state compact or F.S. chs. 550 and 551, as may be amended from time to time, pari-mutuel uses, horse racing, dog racing, jai alai, fantasy contests and associated gambling or casino related uses. The terms "gambling" and "casino" shall be provided the broadest definition despite any amendments the state legislature may make to the above referenced chapters of the Florida Statutes.

The following uses are exempt from the city's definition of gambling:

1. The lottery regulated under F.S. ch. 24.
2. Penny-ante games pursuant to F.S. § 849.085.
3. Condominium associations, cooperatives, homeowners associations, charitable, nonprofit or veteran organizations authorized to hold drawings by chance, drawings, or raffles pursuant to F.S. § 849.0931(2) through (9), and § 849.0935.
4. Game promotion in connection with the sale of consumer products or services pursuant to F.S. § 849.094.
5. Bowling tournaments pursuant to F.S. § 849.141.

Any amendment to this section 7.1.8.1 (including the repealer thereof), which would create a less stringent regulation on gambling or any of the uses listed herein, shall require an affirmative vote of 6/7ths of the city commission.

The following definitions are applicable to this section:

Golf cart means a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes.

Low-speed vehicle means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles.

Moped means any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of two brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. The term does not include an electric bicycle.

Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground (including those vehicles commonly known as motor scooters). The term includes an autocycle, but does not include a tractor, a moped, an electric bicycle, or any vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle.

Motorized bicycle means a bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground, having two tandem wheels, and including any device generally recognized as a motorized bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

Motorized scooter means any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground. The term does not include an electric bicycle.

1. The rental or lease of golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters is prohibited in the City of Miami Beach. These uses are prohibited in any zoning category within the city, whether as a main, conditional, or accessory use.
2. Notwithstanding the foregoing, golf courses shall be exempt from the prohibition herein concerning the rental or lease of golf carts.
3. Any amendment to this section 7.1.8.2 (including the repealer thereof), which would create a less stringent regulation on the rentals or lease of any golf carts, low-speed vehicles, mopeds, motorcycles that are powered by a motor with a displacement of 50 cubic centimeters or less, motorized bicycles, and motorized scooters, or any of the uses listed herein, shall require an affirmative vote of five-sevenths of the city commission.

Unless otherwise listed in chapter 7 as a main permitted or conditional use within a specific zoning district, Neighborhood Fulfillment Centers and Retail Fulfillment Centers, as defined in section 1.2.2, are prohibited in the City of Miami Beach.

The following shall apply to any proposal to increase the maximum allowable FAR within any zoning district.

1. Prior to approval of a ballot question, if required pursuant to the City Charter, or in advance of first reading of the applicable amendment to the Land Development Regulations, whichever comes first, the maximum square footage associated with the proposed increase in FAR shall be identified, to the greatest extent possible.
2. The requirements of this section may be waived by the City Commission, at its sole discretion on a 5/7ths vote.

The regulations set forth in this Section 7.1.10 shall be in addition to the regulations in Chapter 2, Article IV of these Land Development Regulations. In the event of a conflict between this Section 7.1.10 and Chapter 2, Article IV, the provisions of Section 7.1.10 shall control.

1. Private applications. For FAR increases specific to a private property, unified development site or other development, the property owner shall first be required to file an application directly with the planning board. Subsequent to filing, a copy of the application and all exhibits shall be transmitted to all registered neighborhood association(s) in the affected area. Additionally, for applications for FAR increases within a local historic district, a copy of the application and exhibits shall be transmitted to the Miami Design Preservation League (MDPL).
2. City Commission referrals. For FAR increases that are not limited to a specific private property, unified development site, or other development, and which apply more broadly (e.g. citywide or within defined overlays), as well as modifications to floor area exceptions or new FAR incentives tied to specific uses or benchmarks, an amendment to the Land Development Regulations shall be initiated through a referral by the City Commission to the Planning Board. Any referral to the Planning Board initiated under this paragraph shall require an affirmative 5/7ths vote of the City Commission.

Any ordinance subject to this Section 7.1.10 shall require a 3-step review process before the Planning Board, as follows:

1. Step One— Planning Board Preliminary Review.
   The Planning Board, at a duly noticed public hearing, shall perform an initial review of the proposed ordinance. Notice of the Planning Board preliminary review hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If the proposed ordinance involves less than ten ( 10) contiguous acres, the notice requirements for the preliminary Planning Board review shall also include a minimum 30- day mail notice for all properties within 375 feet of the properties subject to the proposed floor area or FAR increase, and a 30- day published notice.
   Prior to the Planning Board' s preliminary review stage, the Administration, either internally or with the assistance of an outside consultant, will perform an impact analysis of the proposed FAR increase; and such impact analysis shall include, but not be limited to, the following:
   1. Calculation of the actual square footage increase for affected properties such as, for example, the maximum allowable square footage for residential, office, retail, hotel or other uses resulting from the FAR increase.
   2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer, resiliency, parks and open space, as well as any other area of concern identified by the City Commission or the Administration.
   3. Massing studies, which illustrate the volume and location of the area associated with the proposed increase in FAR.
      
      For private applications, the applicant shall be required to provide all data and exhibits related to the above noted impact analysis as part of the application submission. The findings of this impact analysis shall be presented to the Planning Board at the preliminary review stage.
2. Step Two— Community Outreach Meeting:
   Subsequent to the Planning Board' s preliminary review meeting, the City shall facilitate a public meeting for all affected stakeholders, in order to solicit additional input and feedback, as well as for City staff to address any outstanding issues or questions. A reasonable effort shall be made to ensure that such public meeting is held no later than 45 days from the date of the preliminary review by the Planning Board. Courtes notice of the meeting shall be given by the applicable City department, in coordination with the Planning Department, in a manner consistent with the City' s courtesy notices for other community meetings, workshops, or presentations.
3. Step Three— Planning Board Transmittal:
   At a second duly noticed public hearing, which is separate and apart from the preliminary review hearing, the Planning Board shall consider and transmit the proposed ordinance to the City Commission with a recommendation. Notice of this transmittal hearing shall be given in accordance with the applicable provisions in Chapter 2, Article IV of the Land Development Regulations.

Any ordinance subject to this section 7.1.10 shall require a 3-step review process before the City Commission, as follows:

1. Step One - First Reading Public Hearing:
   After transmittal of the ordinance by the planning board, the City Commission shall hold a first reading public hearing. Notice of the first reading shall be given in accordance with the applicable provisions in chapter 2, article IV of the Land Development Regulations. If the proposed ordinance involves less than ten (10) contiguous acres, the notice requirements for first reading shall also include a minimum 30-day mail notice for all properties within 375 feet of the properties subiect to the proposed floor area or FAR increase, and a 30-day published notice.
2. Step Two - Community Workshop:
   Subsequent to the approval of the ordinance at first reading, and prior to second reading, at least one additional community workshop, which is separate and apart from the first reading public hearing, shall be held. This additional community workshop shall be considered a courtesy meeting, and open to participation by all affected stakeholders, including residents, property owners, or businesses in the surrounding area that may be affected by the proposed floor area or FAR increase, as determined by the City Commission. Such community workshops may be held in a virtual, in- person or hybrid formats, at the discretion of the City Commission, and shall be noticed in a manner to be determined by the City Commission.
3. Step Three - Second Reading / Adoption Public Hearing:
   After the community workshop described above, the City Commission shall hold a second reading public hearing to consider final adoption of the proposed ordinance. Notice of the second reading shall be given in accordance with the applicable provisions in chapter 2, article IV of the Land Development Regulations.

The city commission, by an affirmative five-sevenths vote, may waive the requirements set forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 for the following types of amendments:

1. An FAR increase or modification to a floor area exception resulting in an increase in floor area that is no more than 10% of the allowable floor area for an individual property or site. not to exceed a total of 5.000 additional square feet of floor area per property or site.
2. A modification to a floor area exception that applies citywide and would not result in a substantial increase in allowable floor area, as determined by the City Commission at the City Commission's sole discretion.

If the city commission waives the requirements set forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 the amendment shall otherwise be subject to the applicable notice and amendment provisions in chapter 2, article IV of the Land Development Regulations.

1. Districts and symbols. To achieve the purposes of these land development regulations, the Code of the city, and regulate the use of land, water and buildings, height and bulk of buildings and other structures, and population density and open space, the city is hereby divided into the following districts:

   Symbol	District
   RS-1	Single-family residential
   RS-2	Single-family residential
   RS-3	Single-family residential
   RS-4	Single-family residential
   TH	Townhome residential
   RM-1	Residential multifamily, low intensity
   RM-2	Residential multifamily, medium intensity
   RM-3	Residential multifamily, high intensity
   RM-PRD	Multifamily, planned residential development
   RM-PRD 2	Multifamily, planned residential development
   RO	Residential/office
   CD-1	Commercial, low intensity
   CD-2	Commercial, medium intensity
   CD-3	Commercial, high intensity
   MXE	Mixed use entertainment
   TC-1	North Beach Town Center core
   TC-2	North Beach Town Center mixed-use
   TC-3	North Beach Town Center residential/office
   TC-C	North Beach Town Center-Central Core
   R-PS1	Residential medium-low density
   R-PS2	Residential medium density
   R-PS3	Residential medium-high density
   R-PS4	Residential high density
   C-PS1	Commercial limited mixed use
   C-PS2	Commercial general mixed use
   C-PS3	Commercial intensive mixed use
   C-PS4	Commercial intensive phased bayside
   RM-PS1	Residential mixed-use development
   GU	Government use
   CCC	Convention center district
   SPE	Special public facilities educational
   HD	Hospital district
   MR	Marine recreational
   WD-1	Waterway district
   WD-2	Waterway district
   GC	Golf course district
   I-1	Industrial, light

2. Zoning map designations.
   1. Zoning map. Designation of zoning districts and overlay zones shall be on the official zoning map. The official zoning map shall indicate the location of zoning districts as described in section 7.2.1.1.a of this section and overlay zones as described in section 7.3.1.
   2. GU properties. Except as otherwise provided in section 7.2.16 all city-owned properties are zoned GU although they may not be designated on the map.
   3. Explanation of overlay districts and sites.
      Dune preservation and Oceanfront
      Convention Hotel West Avenue Bay Front
      Collins Park Arts District
      Faena District
      Ocean Terrace
      Art Deco Mimo Commercial Character
      North Beach National Register Conservation
      Sunset Harbor Mixed-Use Neighborhood
      Historic preservation
      Historic preservation site
   4. Explanation of Neighborhood Conservation Districts
      Gilbert M. Fein Neighborhood Conservation Overlay District
3. Additional map designations.
   1. The designation of parking impact fee districts shall be on an official map entitled parking impact fee districts.
   2. The official zoning map and the parking impact fee district map shall be on file and available to the public in the office city clerk and the planning, design and historic preservation division.
   3. All lots in Fisher Island which do not have a zoning district assignment are considered to be in the GC golf course district classification.

The locations of the districts are shown on a map designated as the city zoning district map, dated and signed by the mayor and city clerk upon adoption. This zoning district map, together with all notations, dimensions, references and symbols shown thereon, pertaining to such districts, is hereby adopted by reference and declared to be as much a part of these land development regulations as if fully described herein. Such map shall be available for public inspection in the office of the planning, design and historic preservation division and any later alterations to this map, adopted by amendment as provided in these land development regulations, shall be similarly dated, filed, and made available for public reference.

A district name or symbol shown on the district map indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or symbol is shown or indicated, except as otherwise provided by this section. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these land development regulations, the following rules apply:

1. In cases where a boundary line is given a position within a street or alley, easement, canal, navigable or nonnavigable stream, it will be deemed to be in the center of the right-of-way of the street, alley, easement, canal, or stream, and if the actual location of such street, alley, easement, canal, or stream varies slightly from the location as shown on the district map, then the actual location controls.
2. The boundary line adjacent to Biscayne Bay is the established bulkhead line.
3. The boundary line adjacent to the Atlantic Ocean is the erosion control line as determined in accordance with Florida Statutes. Structures located east of the bulkhead line and extending to the erosion control line shall be considered similar to an accessory use to the upland property and allowed only pursuant to the provisions of section 7.3.1, Dune Preservation Overlay regulations. In the event there is no bulkhead, then a line shall be extended from the adjacent properties' bulkhead line. This line shall be determined to be the bulkhead line for the property until one is constructed.
4. The east boundary line of the dune overlay zone shall be the erosion control line as established by the appropriate regulatory agencies and the west boundary line shall be the bulkhead line as set forth in section 7.2.1.3.c. The north and south boundary line shall be the city limits.
5. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries will be construed to be the lot lines, and where bounded approximately by lot lines, the lot lines will be construed to be the boundary of such districts unless the boundaries are otherwise indicated on the map or by ordinance.
6. If a parcel of property is crossed by a zoning district boundary and thus lies in two zoning districts, the district boundary shall be treated as if it were a lot line separating the two separately zoned parcels. However, in accordance with section 2.2.3.4, the maximum floor area ratio (FAR), inclusive of bonus FAR, for a unified development site may be located over multiple zoning districts.
7. The boundary line between the Atlantic Ocean and Biscayne Bay shall be a constant projected line 152.20 feet south of the extension of the southerly end of Biscayne Street.

The RS-1, RS-2, RS-3, RS-4 single-family residential districts are designed to protect and preserve the identity, image, environmental quality, privacy, attractive pedestrian streetscapes, and human scale and character of the single-family neighborhoods and to encourage and promote new construction that is compatible with the established neighborhood context. In order to safeguard the purpose and goals of the single-family districts, mandatory review criteria are hereby created to carry out the provisions of these land development regulations.

1. Supplemental Main permitted uses Regulations (RS)
   None
2. Supplemental Conditional uses Regulations (RS)
   The Supplemental Conditional Uses are as follows:
   1. An at-grade parking lot in the RS-4 district when located immediately adjacent, without a gap due to alley, road, waterway or any other cause, to a CD-3 district. See section 7.2.2.3.
   2. Religious institutions for those properties located in the 40th Street Overlay. (MAP EXHIBIT-1). See section 7.2.2.6
3. Supplemental Accessory uses Regulations (RS)
   The Supplemental Accessory Uses are as follows:
   1. The accessory uses in the RS-1, RS-2, RS-3, RS-4 single-family residential districts are those uses customarily associated with single-family homes. See section 7.5.4.13.
4. Supplemental Prohibited uses Regulations (RS)
   The Supplemental Prohibited Uses are as follows:
   1. Commercial use of single-family homes prohibited (RS)
      1. Intent and purpose. The land development regulations restrict residential properties to residential and compatible accessory uses. Commercial uses on residential properties are prohibited, with limited exceptions. While residents are entitled to enjoy the use of their property consistent with the applicable regulations, in order to ensure and protect the enjoyment, character and value of residential neighborhoods and buildings, the provisions herein are established.
      2. Definitions.
         1. Use of residential property or use of the property in this section shall mean occupancy of residential property for the purpose of holding commercial parties, events, assemblies or gatherings on the premises.
      3. Regulations: Determination of commercial use.
         1. Accessory use of residential property shall be deemed commercial and not permitted, except as otherwise provided for in the Code, if:
            1. Compensation to owner. The owner, lessee or resident receives payment or other consideration, e.g., goods, property or services, for the commercial use of the property, including payment by any means, direct or indirect, including security deposits; or
            2. Goods, property or services offered or sold; donations solicited or accepted. Goods, property or services are offered for sale or sold on or at the property, or donations are solicited or accepted, during use of the property; however, this subsection shall not apply, if:
               1. All of the goods, property or services offered, or donations that are solicited or accepted, are donated to or for charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws; or
               2. All of the proceeds from any sales or donations are directly payable and paid to charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws. An organization or candidate may reimburse donors for goods or property donated; or
               3. The sale is of the property itself or personal property of the owner or resident (excluding property owned by a business), and if publicly advertised, comply with section 7.2.2.2.d.1.C.III below;
               4. Notwithstanding the restrictions in section 7.2.2.2.d.1.C.I.(2).[i]-[iii], limited commercial use of the property by the owner or resident for the sale of goods, property or services shall be allowed under the following criteria. The event:
                  1. Is by private invitation only, not publicly advertised;
                  2. Creates no adverse impacts to the neighborhood;
                  3. The activity and its impacts are contained on the property;
                  4. Parking is limited to that available on-site, plus 11 vehicles legally self-parked near the property, with no busing or valet service; and
                  5. Frequency is no greater than one event per month;
               5. The owner or resident must provide the city manager an affidavit that identifies the limited commercial use of the residential property at least 72 hours before the applicable limited commercial use is scheduled to commence pursuant to section 7.2.2.2.d.1.C.I.(2)., and the affidavit must include the applicable information set forth within section 7.2.2.2.d.1.C.I.(2).[i]-[iv], setting forth detailed information supporting the exempted limited commercial use provided there. The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in sections 775.082 or 775.083 of the Florida Statutes; or
            3. Admittance fees. Use of the property by attendees requires an admittance or membership fee or a donation, excluding donations directly payable and paid by attendees to charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws; or
            4. Any advertising that promotes the occupancy or use of the residential property for the purpose of holding commercial parties, events, assemblies, gatherings, or advertisement that promotes the occupancy of a residence for less than six months and one day, as provided herein, or use of the residential premises in violation of this section.
            5. Any advertising, marketing, or promotion of any party, event, assembly, or gathering n any print, film, social networking platform, or any other media occurs; or
            6. Any party, event, assembly, or gathering is sponsored, managed, or promoted by any entity other than a charitable, religious or policital organization(s) or candidate(s) for public office, that has recieved 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws.
         2. Signs or advertising. Signs or other forms of advertising in connection with goods, property or services offered in connection with commercial use of the property, including the actual goods, property (except real property and structures thereon) or services, shall not be visible from the public right-of-way. This section shall not be construed to prohibit the display of real estate for sale or lease signs for the property.
         3. Real estate open houses. The following events are permitted: Open houses (open to the public) organized for the purpose of promoting the sale or lease of the residence where the open house is located, to potential buyers or renters, or events organized by the listing agent limited to licensed real estate brokers and/or agents, subject to the following:
         4. No sale or display of goods, property or services by sponsoring businesses unrelated to the property; and
         5. No charging admittance fees.
         6. Events described in this subsection must end by 8:00 p.m.
         7. Enforcement.
            1. Violations of this section shall be subject to the following fines. The special magistrate shall not waive or reduce fines set by this section.
               1. If the violation is the first violation $1,000 per day, per violation.
               2. If the violation is the second or greater violation, $5,000 per day per violation.
               3. However, if the special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may imposes a fine not to exceed $15,000.00 per violation.
                  
                  The director of the code compliance department must remit a letter to the Miami-Dade Property Appraiser and Miami-Dade Tax Collector, with a copy of the special magistrate order adjudicating the violation, that notifies these governmental agencies that the single-family residential property was used for the purpose of holding a commercial party, event, assembly or gathering at the premises.
            2. The advertising or advertisement for the commercial use of a residential property for the purpose of holding commercial parties, event, assemblies or gatherings on the residential premises is direct evidence that there is a violation of section 7.2.2.2.d.1.C, which is admissible in any proceeding to enforce section 7.2.2.2.d.1.The advertising or advertisement evidence raises a rebuttable presumption that the residential property named in the notice of violation or any other report or as identified in the advertising or advertisement is direct evidence that the residential property was used in violation of section 7.2.2.2.d.1.
            3. In addition to or in lieu of the foregoing, the city must close down the commercial use of the property pursuant to section 7.2.2.2.d.1, or may seek an injunction against activities or uses prohibited under this section.
            4. Any city police officer or code compliance officer may issue notices for violations of this section, with alternative enforcement as provided in chapter 1 of this Code. Violations shall be issued to the homeowner, and/or to any realtor, real estate agent, real estate broker, event planner, promoter, caterer, or any other individual or entity that facilitates or organizes the prohibited activities. In the event the record owner of the property is not present when the violation occurred, a copy of the violation shall be provided to such owner.
            5. Charitable, religious or political organizations or candidates for public office shall receive one courtesy notice in lieu of the first notice of violation only, after which fines will accrue starting with the first violation as prescribed. No courtesy notice in lieu of first notice of violation shall be available if a courtesy notice in lieu of first notice of violation has already been granted in the preceding 18 month period, regardless of location.
            6. The city recognizes peoples' rights of assembly, free expression, religious freedom, and other rights provided by the state and federal constitutions. It is the intent of the city commission that no decision under this section shall constitute an illegal violation of such rights, and this section shall not be construed as such a violation.
            7. The city manager or designee may adopt administrative rules and procedures to assist in the uniform enforcement of this section.
         8. No variances shall be granted from this section. This section does not authorize commercial activities in residential neighborhoods that are otherwise prohibited or regulated by applicable law, unless expressly provided for herein
         9. Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in (editor) section 7.2.2.2.d.1.D above, for violations of section 7.2.2.2.d.1:
            1. Enhanced penalties for this section:
               1. The commercial use must be immediately terminated, upon confirming a violation has occurred, by the Miami Beach Police Department and the code compliance department.
               2. A certified copy of an order imposing the civil fines and penalties must be recorded in the public records, and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. The certified copy of an order must be immediately recorded in the public records, and the city may foreclose or otherwise execute upon the lien.

1. The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single family residential districts are as follows:
   1. Compliance with regulations and review criteria.
      1. Permits for new construction, alterations or additions to existing structures shall be subject to administrative (staff level) review by the planning director or designee, the design review board (DRB), or historic preservation board (HPB) as applicable, in order to determine consistency with the review criteria listed in this section.
      2. In complying with the review criteria located in this section, the applicant may choose either to adhere to the development regulations identified in section 7.2.2.3 administratively through staff level review or seek enhancements of the applicable development regulations as specified therein, where permitted, through approval from the historic preservation board (HPB) or design review board (DRB), in accordance with the applicable design review or appropriateness criteria.
      3. Notwithstanding the foregoing, for those structures located within a locally designated historic district, or individually designated as an historic structure or site, the review and approval of the historic preservation board (HPB) may be required.
      4. Notwithstanding the foregoing, for those structures determined architecturally significant or constructed prior to 1966 and determined to be architecturally significant, in accordance with section 7.2.2.4.a herein, the review and approval by the planning director or designee shall be required.
   2. Review criteria. Staff level review shall encompass the examination of architectural drawings for consistency with the review criteria below:
      1. The existing conditions of the lot, including, but not limited to, topography, vegetation, trees, drainage, and waterways shall be considered in evaluating the proposed site improvements.
      2. The design and layout of the proposed site plan inclusive of the location of all existing and proposed buildings shall be reviewed with particular attention to the relationship to the surrounding neighborhood, impact on contiguous and adjacent buildings and lands, and view corridors. In this regard, additional photographic, and contextual studies that delineate the location of adjacent buildings and structures shall be required in evaluating compliance with this criterion.
      3. The selection of landscape materials, landscaping structures and paving materials shall be reviewed to ensure a compatible relationship with and enhancement of the overall site plan design and the surrounding neighborhood.
      4. The dimensions of all buildings, structures, setbacks, height, lot coverage and any other information that may be reasonably necessary to determine compliance with the requirements of the underlying zoning district.
      5. The design and construction of the proposed structure, and/or additions or modifications to an existing structure, indicates sensitivity to and compatibility with the environment and adjacent structures and enhances the appearance of the surrounding neighborhood.
      6. The proposed structure is located in a manner that is responsive to adjacent structures and the established pattern of volumetric massing along the street with regard to siting, setbacks and the placement of the upper floor and shall take into account the established single family home context within the neighborhood.
      7. The construction of an addition to main existing structure shall be architecturally appropriate to the original design and scale of the main existing structure; the proposed addition may utilize a different architectural language or style than the main existing structure, but in a manner that is compatible with the scale and massing of the main existing structure.
      8. The construction shall be in conformance with the requirements of section 7.1.7 with respect to roof and exterior facade paint and material colors.
   3. Application requirements for DRB or HPB review.
      1. DRB or HPB applications shall follow the application procedures and review criteria, specified in section 2.5.3 design review or chapter 2, article XIII historic preservation, of these land development regulations (as applicable), board by-laws, or as determined by the planning director, or designee.
2. The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows:
   1. The FAR, density, lot area, lot width, lot coverage, unit size, setbacks, and building height requirements for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows:

      DEVELOPMENT REGULATIONS TABLE (RS)
      	RS-1			RS-2		RS-3		RS-4
      Maximum FAR	N/A
      Maximum Density (Dwelling Units per Acre)	7 DUA
      Minimum Unit Size (Square Feet)	1,800 SF
      Maximum Unit Size (% of Lot Area)	50%
      LOT OCCUPATION	RS-1			RS-2		RS-3		RS-4
      Minimum Lot Area (square feet)	30,000 SF			18,000 SF		10,000 SF		6,000 SF
      Minimum Lot Width (feet)	100 feet (1)			75 feet (1)		50 feet - Oceanfront lots (1) 60 feet - All others (1)		50 feet (1)
      Maximum Lot Coverage for a single-story Home (% of lot area)	40% (2)
      Maximum Lot Coverage for a 2story Home (% of lot area)	30%
      BUILDING SETBACKS	RS-1			RS-2		RS-3		RS-4
      Front Setback Ⓐ	20 feet -1 Story Structure (5)(6) - provided that any future addition of a two-story attached structure shall be setback a minimum of 40 feet 30 feet - 2 Story Structures - (5)(6)
      Side, facing a street Setback Ⓑ	10% of the lot width or 15 feet, whichever is greater (5)(6) and the sum of the required side yards shall be at least 25% of the lot width
      Side, Interior Setback Ⓒ Lots 65 feet in width or less	7.5 feet and the sum of the required side yards shall be at least 25% of the lot width
      Side, Interior Setback Ⓒ Lots greater than 65 feet in width	10% of the lot width or 10 feet, whichever is greater and the sum of the required side yards shall be at least 25% of the lot width
      Rear Setback Ⓓ	15 % of the lot depth (6) 20 feet minimum 50 feet maximum
      BUILDING HEIGHT	RS-1		RS-2		RS-3		RS-4
      Maximum Height (stories)	2 stories
      Maximum Height (feet) Ⓔ (3)(4) No Understory	28 ft - flat roofs 31 ft – sloped roofs				24 ft – flat roofs 27 feet – sloped roofs (4)		24 ft – flat roofs 27 feet – sloped roofs
      Maximum Height (feet) (3)(4) Understory Home	31 feet - flat roofs 34 feet - sloped roofs (8)				28 feet - flat roofs (7) 31 feet - sloped roofs (7)(8)		28 feet - flat roofs 31 feet - sloped roofs
      NO UNDERSTORY WITH UNDERSTORY
      (1). Except those lots fronting on a cul-de-sac or circular street as defined in lot width. (2). Single story homes shall follow the requirements of section 7.2.2.3.b.7.B. (3). Height shall be measured from the required base flood elevation for the lot, plus freeboard. (See Height of Building definition). Single story homes shall follow the requirements of section 7.2.2.3.b.7.B. (4). Height variances shall be prohibited. However, an additional three (3) feet in overall height, above the maximum permitted height above, may be approved by the Design Review Board (DRB) or Historic Preservation Board (HPB), in accordance with the applicable design review or appropriateness criteria. (5). If an Understory is not provided, at least 50 percent (50%) of the required front yard and side facing a street yard areas (including portions of the rear and front yards) shall be sodded or landscaped pervious open space. With the exception of driveways and paths leading to the building, paving may not extend any closer than 5 feet to the front of the building. When a pool is located in the side yard, facing a street the area of the water may count as part of the open space. Understory homes shall comply with the Understory Level Standards as outlined in subsection 7.2.2.3 (b)(6). In the event that an existing single-family home has an abutting street raised pursuant to an approved city project, and such home was previously permitted with less than 50 percent (50%) of the required front yard area consisting of sodded or landscaped pervious open space, such property may retain the most recent, previously permitted pervious open space configuration, provided the front yard is raised to meet the new street elevation. However, in no instance shall less than 30 percent (30%) of the required front yard be sodded or landscaped pervious open space. Notwithstanding the above, for homes issued a certificate of occupancy or certificate of completion prior to October 30, 2024, the addition of one accessible ramp/walkway, not to exceed five feet (5') in width, leading from the front or street side property line to the first habitable level, shall be an allowable exemption to the minimum 50% pervious open space requirement. (6). At least 70 percent (70%) of the required rear yard shall be sodded or landscaped pervious open space; the water portion of a swimming pool may count toward this requirement, when located above adjusted grade, the water portion of a swimming pool may count towards 50 percent of this requirement, provided adequate infrastructure is incorporated into the design of the pool to fully accommodate on-site stormwater retention. (7).For RS-3 zoned properties, with a minimum lot size of 18,000 square feet, the maximum height is increased to 31 feet for flat roofs and 34 feet for sloped roofs. (8). For single family homes utilizing an understory, if any portion of the home or any accessory structure utilizes a sloped roof, approval of the home by the DRB or HPB, as applicable, shall be required, regardless of building height.

      
      

   2. Two Story Houses Standards.
      1. Two-story side elevations located parallel to a side property line shall not exceed 50 percent (50%) of the lot depth, or 60 feet, whichever is less, without incorporating additional open space, in excess of the minimum required side yard, directly adjacent to the required side yard. The additional open space shall be regular in shape, open to the sky from grade, and at least 8 feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent (1%) of the lot area. The elevation (height) of the open space provided shall not exceed the elevation of the first habitable floor, and at least 50 percent (50%) of the required interior open space area shall be sodded or landscaped previous open space. The additional open space may contain mechanical equipment. The intent of this regulation shall be to break up long expanses of uninterrupted two-story volume at or near the required side yard setback line and exception from the minimum requirements of this provision may be granted only through historic preservation board, or design review board approval, as may be applicable, in accordance with the applicable design review or appropriateness criteria.
      2. For two story homes with an overall lot coverage of 25 percent (25%) or greater, the following additional requirements shall apply to the second floor (including any portion of the home above a height of 18 feet as measured from base flood elevation plus freeboard):
         1. At least 35 percent (35%) of the second floor along the front elevation shall be set back a minimum of 5 feet from the minimum required setback.
         2. At least 50 percent (50%) of the second floor along a side elevation facing a street shall be set back a minimum of 5 feet from the minimum required setback.
            
            The DRB or HPB may forego these requirements, in accordance with the applicable design review or appropriateness criteria.
   3. Nonconforming yards.
      1. If a single-family structure is renovated in excess of 50 percent (50%) of the value determination, as determined by the building official pursuant to the standards set forth in the Florida Building Code, any new construction in connection with the renovation shall meet all setback regulations existing at the time, unless otherwise exempted under chapter 2, article XII of these Land Development Regulations (Section 2.12.8.c).
      2. When an existing single-family structure is being renovated less than 50 percent (50%) of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and the sum of the side yards is less than 25 percent (25%) of the lot width, any new construction, whether attached or detached, including additions, may retain the existing sum of the side yards, provided that the sum of the side yards is not decreased.
      3. When an existing single-family structure is being renovated less than 50 percent (50%) of the value determination, as prescribed by the building official pursuant to the standards set forth in the Florida Building Code, and has a nonconforming interior side yard setback of at least 5 feet, the interior side yard setback of new construction in connection with the existing building may be allowed to follow the existing building lines. The maintenance of this nonconforming interior side yard setback shall only apply to the linear extension of a single story building, provided such linear extension does not exceed 20 feet in length and does not exceed 18 feet in height for a flat roof structure and 21 feet for a sloped roof structure (See Height of Building definition in section 1.2.1), as measured from the minimum flood elevation.
   4. Limitation on contiguous lots. No more than two (2) contiguous lots may be aggregated, with the exception of the following:
      1. Lot aggregation for the purpose of expanded yards, or for the construction of accessory pools, cabanas, tennis courts, and similar accessory structures, when detached from the main home with a minimum separation of 15 feet, which may be aggregated to no more than three (3) contiguous lots; or
      2. Lot aggregation for the construction of a new home located in the middle of a site consisting of three (3) lots, provided the sum of the side yard setbacks of the main structure are equivalent to the width of the smallest of the three (3) aggregated lots, and the overall unit size and lot coverage of the main home shall be based upon the combined size of the largest two (2) lots.
      3. For the purpose of this subsection lots aggregated prior September 24^th 2013, shall be considered one lot.
   5. Unit size requirements.
      1. For purposes of this subsection, unit size means the sum of the gross horizontal areas of the floors of a single-family home, measured from the exterior faces of exterior walls. However, the unit size of a single-family home shall not include the following, unless otherwise provided for in these land development regulations:
         1. Uncovered steps.
         2. Attic space, providing structural headroom of less than 7 feet 6 inches.
         3. Open breezeways, connected to more than one structure, which consist of roof protection from the elements and are open on all sides.
         4. Covered terraces and porches, which are unenclosed and open on at least one side, with the exception of roof supports and required safety railing.
         5. Enclosed floor space used for required off-street parking spaces (maximum 500 square feet).
         6. Covered exterior unenclosed private balconies.
         7. Non-air-conditioned areas located directly below the first habitable floor shall not count in the unit size calculations subject to section 7.2.2.3.b.6 below.
   6. Understory Level Standards
      Non-airconditioned Understory space located below minimum flood elevation, plus freeboard. Except as otherwise provided in this Code, homes with understories may be approved administratively, as provided herein:
      1. Understory area(s) shall be used only for open air activities, parking, building access, mechanical equipment, non-enclosed restrooms and storage. Such areas shall be designed and maintained to be free of obstructions and shall not be enclosed and/or air-conditioned at any time, with the exception of limited access areas to the first habitable floor. However, understory area(s) below the lowest habitable floor can utilize non-supporting breakaway walls, open-wood lattice work, louvers or similar architectural treatments, provided they are open a minimum of 50 percent (50%) on each side.
      2. All unenclosed, non-air-conditioned areas located directly below the first habitable floor shall not count in the unit size calculations.
      3. Understory building access. Enclosed, air-conditioned elevator and stair vestibules, for access to the first habitable level of the home, shall be permitted under the first habitable floor and shall be located as close to the center of the floor plan as possible and be visually recessive such that they do not become vertical extensions of exterior building elevations. The total area of enclosed and airconditioned building access shall be limited to no greater than 5 percent (5%) of the lot area. All airconditioned floor space located directly below the first habitable floor shall count in the total unit size calculations.
      4. Enclosed, non-air-conditioned areas, for parking and storage, may be permitted and shall not count in the unit size calculations, provided such areas do not exceed 600 square feet. Any portion of such enclosed parking and storage area exceeding 600 square feet shall count in the unit size calculations.
      5. All parking, including required parking, shall be provided within the understory area, and shall be clearly delineated by a different surface finish or bollards. No parking or vehicle storage shall be permitted within a required yard, unless approved by the DRB or HPB, in accordance with the applicable design review or certificate of appropriateness criteria.
      6. A continuous soffit shall be lowered a minimum of 2 feet from the lowest slab of the first level above the understory area in order to screen from view all lighting, sprinkler, piping, plumbing, electrical conduits, and all other building services, unless concealed by other architectural method(s).
      7. Understory ground elevation and minimum height. The minimum elevation of the understory ground shall be constructed no lower than future crown of road as defined in chapter 54, of the city Code. Additionally, a minimum height of nine (9) feet to the bottom of the first habitable floor of the home shall be required. All portions of the understory area that are not air-conditioned shall consist of pervious or semi-pervious material, such as wood deck, gravel or pavers set in sand. Concrete, asphalt and similar material shall be prohibited within the non-air-conditioned portions of the understory area.
      8. Understory edge. All allowable decking, gravel, pavers, non-supporting breakaway walls, open-wood lattice work, louvers or similar architectural treatments located in the understory area shall be set back a minimum of 5 feet from each side of the underneath of the walls of the first habitable floor above, with the exception of driveways and walkways leading to the property, and access walkways and/or steps or ramps for the front and side area. The front and side understory edge shall be designed to accommodate on-site water capture from adjacent surfaces and expanded landscaping opportunities from the side yards.
      9. Roof insulation, For flats roofs, up to twelve (12") inches of insulation shall be an allowable height exception and may be located above the roof slab. Portions of insulation exceeding twelve (12") inches above the roof slab shall be included in the overall height of the home.
      10. At least 70 percent of the required front yard and street side yard areas shall consist of sodded or landscaped pervious open space. For purposes of this section, the required front yard shall be the same as the required front setback of the principal structure. All allowable exterior walkways and driveways within the front and street side yards shall consist of pavers set in sand or other semi-pervious material. The use of concrete, asphalt or similar material within the required front or street side yards shall be prohibited.
      11. For single family homes utilizing an understory, the applicant shall mount a laminated posting, in a form prescribed by the planning director, at the front of the property in a manner and location clearly visible from the public right-of-way, indicating that an application for a home utilizing an understory has been filed. At a minimum, such posting shall included a description of the application, as well as contact information for the property owner. The applicant shall provide evidence to the planning director that the posting has been installed on site prior to the issuance of a building permit. The posting shall be for informational purposes only and the validity of any buiding permit shall not be affected by any failure to mount or continuously maintain the posting.
   7. Lot coverage.
      1. General. For lots aggregated after September 24, 2013, when a third lot is aggregated, as limited by section 7.2.2.3.b.4, the calculation of lot coverage shall be determined by the two lots on which the house is located.
      2. One-story structures. One-story structures may exceed the maximum lot coverage noted in subsection 7.2.2.3.b.1 above, through staff level review and shall be subject to the setback regulations outlined in 7.2.2.3.b.1, but in no instance shall the lot coverage exceed 40 percent (40%) of the lot area. The DRB or HPB may waive this requirement and allow up to 50 percent (50%) lot coverage for a one-story structure, in accordance with the applicable design review or appropriateness criteria. Notwithstanding the foregoing, for existing one-story structures constructed prior to 1965, the maximum lot coverage shall not exceed 50 percent (50%).
      3. Calculating lot coverage. Lot coverage shall be as defined in section 1.2.1, subject to the following additional regulations:
         1. Internal courtyards, which are open to the sky, but which are substantially enclosed by the structure on four or more sides, shall be included in the lot coverage calculation.
         2. Eyebrows, roof overhangs, covered porches and terraces, projecting a maximum of 5 feet from an exterior wall, shall not be included in the lot coverage calculation. All portions of such covered areas exceeding a projection of 5 feet shall be included in the lot coverage calculation.
      4. Garages. A maximum of 500 square feet of garage space shall not be counted in lot coverage if the area is limited to garage, storage and other non-habitable uses and the garage conforms to the following criteria:
         1. The garage is one story in height and not covered by any portion of enclosed floor area above. Portions of the garage which are covered by enclosed floor area above shall count toward lot coverage. Enclosed floor area shall be as defined in section 1.2.1.
         2. The vehicular entrance(s) of the garage is not part of the principal facade of the main house.
         3. The garage is constructed with a vehicular entrance(s) perpendicular to and not visible from the right-of-way, or the entrance(s) is set back a minimum of 5 feet from the principal facade of the main house when facing a right-of-way.
      5. Nonconforming structures. Existing single-family structures nonconforming with respect to section 7.2.2.3.b, may be repaired, renovated, rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 2, article XII of these Land Development Regulations, "nonconformities." Should such an existing structure constructed prior to October 1, 1971, be completely destroyed due to fire or other catastrophic event, through no fault of the owner, such structure may be replaced regardless of the above-noted regulations existing at the time of destruction.
      6. Demolition of architecturally significant single-family homes. Proposed new construction that exceeds the original building footprint of a demolished architecturally significant single-family home shall follow the provisions of section 7.2.2.4.a.
   8. Roof decks. Roof decks shall not exceed 6 inches above the highest point of the proposed flat roof and shall not exceed a combined deck area of 25 percent (25%) of the enclosed floor area immediately one floor below, regardless of deck height. Roof decks shall be setback a minimum of 10 feet from each side of the exterior outer walls, when located along a front or side elevation, and from the rear elevation for nonwaterfront lots. Built in planters, gardens or similar landscaping areas, not to exceed 3 feet, 6 inches above the finished roof deck height, may be permitted immediately abutting the roof deck area. All landscape material shall be appropriately secured. The DRB or HPB may forego the required rear deck setback, in accordance with the applicable design review or appropriateness criteria.
   9. Height exceptions. The height regulation exceptions contained in section 7.5.2 shall not apply to the RS-1, RS-2, RS-3 and RS-4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed 10 feet above the highest point of the proposed roof. In general, height exceptions that have not been developed integral to the design intent of a structure shall be located in a manner to have a minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways.
      1. Chimneys and air vents, not to exceed 5 feet in height measured from the point at which they emerge from the roof.
      2. Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, and belfries.
      3. Radio and television antennas, satellite, and internet dishes.
      4. Parapet walls, only when associated with a habitable roof deck or when used to screen roof top mechanical equipment. When associated with a habitable roof deck, the parapet shall not exceed 3 feet, 6 inches above the finished roof deck height, and shall be set back a minimum of 10 feet from the perimeter of the enclosed floor below. When used to screen mechanical equipment, the parapet walls shall not exceed the height of the equipment being screened.
      5. Rooftop curbs, not to exceed 3 feet in height.
      6. Elevator bulkheads shall be located as close to the center of the roof as possible and be visually recessive such that they do not become vertical extensions of exterior building elevations.
      7. Skylights, not to exceed 5 feet above the point at which they emerge from the roof, and provided that the area of skylight(s) does not exceed 10 percent (10%) of the total roof area of the roof in which it is placed.
      8. Air conditioning and mechanical equipment not to exceed 5 feet above the point at which they emerge from the roof and shall be required to be screened in order to ensure minimal visual impact as identified in the general section description above.
      9. Rooftop wind turbines, not to exceed 10 feet above the highest point of the roof,
      10. Solar panels, not to exceed 5 feet in height above the point at which they emerge from the roof.
      11. Covered structures, which are open on all sides, and do not extend interior habitable space. Such structures shall not exceed a combined area of 20 percent (20%) of the enclosed floor area immediately one floor below, and shall be set back a minimum of 10 feet from the perimeter of the enclosed floor below.
   10. Exterior building and lot standards. The following shall apply to all buildings and properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
       1. Exterior bars. Exterior bars on entryways, doors and windows shall be prohibited on front and side elevations, which face a street or right-of-way.
       2. Minimum and maximum yard elevation requirements.

          MINIMUM AND MAXIMUM YARD ELEVATION REQUIREMENTS (RS)
          	Minimum	Maximum
          Front Yard	Future Adjusted Grade (1) (2) (4)	Base Flood Elevation (BFE) (1) (3) (4)
          Side, Facing a street Yard
          Side, Interior Yard		Base Flood Elevation (BFE) (1) (3) (5) (6)
          Rear Yard - Non Waterfront
          Rear Yard - Waterfront		Base Flood Elevation (BFE) plus maximum freeboard (1) (3)
          YARD LOCATIONS (FOR YARD ELEVATION REQUIREMENTS ONLY)
          MINIMUM AND MAXIMUM YARD ELEVATIONS
          (1). With the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens, and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in this table, the minimum elevation requirements shall still apply. (2). The minimum yard elevation requirements shall not apply to existing structures or properties containing single-family homes individually designated as historic structures, or to properties with single-family homes designated as "contributing" within a local historic district. (3). In no instance shall the elevation of a required yard exceed DFE. (4). The maximum height of any fence(s) or wall(s) in the required front yard, shall be measured from existing grade. (5). When the average grade of an adjacent lot along the abutting side yard is equal or greater than adjusted grade, or when abutting a vacant property, the maximum elevation within the required side yard shall not exceed BFE plus 1 foot. (6). Notwithstanding the above, when abutting property owners have jointly agreed to a higher elevation, both side yards may be elevated to the same higher elevation through the submission of concurrent building permits, not to exceed the minimum required flood elevation.

       3. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations, as determined by the public works department.
       4. Retaining wall and yard slope requirements. Within the required front yard, required side yard facing a street and rear and side interior yards the following shall apply:

          RETAINING WALL REQUIREMENTS
          	Maximum Height of Retaining Wall
          Front	30 inches above sidewalk elevation, or adjacent grade if no sidewalk is present (1) (3) (4)
          Side, Facing a Street
          Side, Interior	At the property line, the maximum height of retaining walls shall not exceed 3 feet above sidewalk elevation, or adjacent grade if no sidewalk is present. (2) (3) (4)
          Rear
          (1). The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (11%) (5:1 horizontal:vertical) (2). For properties in which the required yard elevation is greater than the yard elevation of the neighboring lot, either a retaining wall at the perimeter of the property or a slope of maximum (5:1 horizontal: vertical), or a combination of both, shall be provided. (See section 7.2.2.3.b.11.G) (3). Retaining walls shall be finished with stucco, stone, or other high quality materials, in accordance with the applicable design review or appropriateness criteria of section 7.2.2.3.b. (4). Retaining walls shall be consistent with the requirements for fences and walls in subsection 12.H. below.

   11. Lot split. All new construction for homes on lots resulting from a lot split application approved by the planning board shall be subject to the review and approval of the design review board (DRB) or historic preservation board (HPB), as applicable. The following shall apply to all newly created lots, when the new lots created do not follow the lines of the original platted lots .
       1. The maximum lot coverage for a new one-story home shall not exceed 40 percent (40%) of the lot area, and the maximum lot coverage for a new two-story home shall not exceed 25 percent (25%) of the lot area, or such lesser number, as determined by the planning board.
       2. The maximum unit size shall not exceed 40 percent (40%) of the lot area for both one story, and two-story structures, or such less numbers, as determined by the planning board.
   12. Allowable encroachments within required yards.
       1. Accessory buildings. In all single-family districts, the following regulations shall apply to accessory buildings within a required rear yard:
          1. Uses. Accessory buildings shall be limited to uses that are accessory to the main use, including, but not limited to:
             1. garage
             2. carport
             3. pergola
             4. cabana
             5. gazebo
             6. maid's or guest's quarters
             7. Accessory Dwelling Units (ADU)
             8. Components of the main structure, such as detached bedrooms or any habitable area of the single-family structure, shall not be considered accessory uses.
          2. Utilities. Accessory buildings may contain heating and air conditioning, washers and dryers, toilets, bar sinks and showers, but may not have full kitchen facilities, except when it contains an Accessory Dwelling Unit (ADU). An outdoor built-in barbecue grill or similar cooking equipment shall be allowed as an accessory use, as may be permitted by the fire marshal and in accordance with the regulations contained in any applicable safety code or the Florida Building Code.

       2. ACCESSORY BUILDING STANDARDS TABLE (RS)
          Maximum Lot Coverage (%)	25% of the area of the required rear yard (1)
          Size Calculations	The area of enclosed accessory buildings shall be included in the overall unit size calculation for the site.
          ACCESSORY BUILDING SETBACKS
          Side facing a street Setback Ⓑ
          1 Story Structures	15 feet
          2 Story Structures	15 feet
          Side interior Setback Ⓒ
          1 Story Structures	7.5 feet
          2 Story Structures	10 feet or the required side yard setback, whichever is greater
          Rear Setback Ⓓ
          1 Story Structures	7.5 feet One-half (1/2) of the required rear setback - When facing a waterway
          2 Story Structures	15 feet One-half (1/2) of the required rear setback or 15 feet, whichever is greater - When facing a waterway
          Building Separation
          Building Separation Ⓕ Accessory buildings shall be separated from the main home by a minimum of 5 feet, open to the sky with no overhead connections.
          ACCESSORY BUILDING HEIGHT
          Maximum Height (stories)	2 stories
          Maximum Height (feet)
          1 story structure	12 feet (2) (3)
          2 story structure	20 feet (2) (3)
          (1). Accessory buildinng s that are not part of the main building, shall be included in the overall lot coverage calculations for the site and may be constructed in a rear yard, provided such accessory building (or accessory buildings) does not occupy more than 25 percent 25% of the area of the required rear yard. Areas enclosed by screen shall be included in the computation of area occupied in a required rear yard lot, but an open uncovered swimming pool shall not be included. (2). Height for accessory buildings shall be measured from the Base Flood Elevation (BFE) plus freeboard of 1 foot. (3). The allowable height exceptions set forth in section 7.5.2 shall not apply to accessory buildings in single-family districts.

          ​​​​​​
       3. Awnings. Awnings attached to and supported by a building wall may be placed over doors or windows in any required yard, but such awnings shall not project closer than 3 feet to any lot line.
       4. Boat, boat trailer, camper trailer or recreational vehicle storage. Accessory storage of such vehicles shall be limited to a paved, permanent surface area within the interior side or rear yards. No such vehicle shall be utilized as a dwelling, and any such vehicles shall be screened from view from any right-of-way or adjoining property when viewed from 5 feet, 6 inches above grade.
          
          Notwithstanding the foregoing, during a state of emergency declared by the city, a camper trailer or recreational vehicle may be used as a temporary dwelling, subject to the following conditions:
          1. The principal residence on the property where the vehicle is located has been deemed by the city to be uninhabitable as a result of the emergency.
          2. A temporary certificate of use (TCU) is obtained prior to the use of the vehicle as a dwelling. The TCU shall be valid for up to 120 days, but may be extended for up to an additional 120 days if an applicant demonstrates progress toward repairing the principal structure.
          3. The application for the TCU must be made while the declaration of a state of emergency is in effect.
          4. The vehicle may be located in the interior side or rear yard or, provided it does not encroach into a public right-of-way, in the front yard. The vehicle need not be parked on a paved or permanent surface, nor screened from view from a right-of-way. Upon the expiration of the TCU, the vehicle must be relocated to comply with all applicable provisions in the city Code and may no longer be used as a dwelling. Alternatively, the vehicle must be removed from the property.
          5. The vehicle is fully licensed, in good condition, and ready for highway use.
       5. Carports and solar carports. Only one carport or solar carport shall be erected within a required yard of a single-family home, subject to the following requirements, as may be applicable:
          1. Carports and solar carports shall be subject to the following requirements:
             1. Carports shall be constructed of canvas and pipe for the express purpose of shading automobiles.
             2. Carports or solar carports constructed prior to the adoption of this section shall be considered legal nonconforming structures. Such nonconforming canopies may be repaired or replaced; however, the degree of their nonconformity shall not be increased thereby.

                CARPORTS AND SOLAR CARPORTS STANDARDS TABLE (RS)
                Maximum Carport and Solar Carport Size		20 feet width 20 feet length
                SETBACKS		Car Port	Solar Car Port
                Front Setback Ⓐ		18 inches min (1)	15 feet min (1)
                Side, Facing a Street Setback Ⓑ			5 feet min (1)
                Side, Interior Setback Ⓒ		4 feet min	4 feet min
                Rear Setback Ⓓ		5 feet min (2)	5 feet min (2)
                CARPORT SOLAR CARPORT
                Minimum Height		7 feet (Unobstructed view between grade and lower edge of the carport or solar carport)
                (1). Provided the carport or solar carport is attached to or immediately adjacent to the main building. When a carport or solar carport is detached and located more than 12 inches from the main home it shall not be located in the required front or side-facing-the-street yards. (2). The sides of the carport or solar carport that face the required rear yard may be permitted to align with the walls of the existing residence, provided the residence is located a minimum of 5 feet from the rear property line.

       6. Central air conditioners, emergency generators, swimming pool equipment, gas tanks solar panels, home battery systems and other similar mechanical equipment. Accessory central air conditioners, generators, swimming pool equipment, solar panels, home battery systems and other similar mechanical equipment, including attached screening elements, may occupy a required side or rear yard, provided that:
          1. They are not closer than 5 feet to a rear or interior side lot line, or 10 feet to a side lot line facing a street.
          2. The maximum height of the equipment, including attached screening elements, shall not exceed 5 feet above current flood elevation, with a maximum height not to exceed 10 feet above grade, as defined in section 1.2.1, of the lot on which it is located.
          3. If visible from the right-of-way, physical and/or landscape screening shall be required.
          4. Any required sound buffering equipment shall comply with the setback requirements established in section 7.2.2.3.b.12, above.
          5. If the equipment does not conform to section 7.2.2.3.b.11.F.I-IV above, then such equipment shall follow the setbacks of the main structure.
       7. Driveways. Driveways and parking spaces leading into a property are subject to the following requirements:
          1. Driveways and parking areas that are open to the sky within any required yard shall be composed of porous pavement or shall have a high albedo surface consisting of a durable material or sealant, as defined in section 1.2.1 of this Code.
          2. Driveways and parking areas composed of asphalt that does not have a high albedo surface, as defined in section 1.2.1 of this Code, shall be prohibited.
          3. The maximum width of all driveways at the front or side facing a street property line including access driveways from the Right of Way shall not exceed 30 percent (30%) of the lot width, and in no instance shall be less than 9 feet in width and greater than 18 feet in width.

             DRIVEWAY AND PARKING SPACES STANDARDS TABLE (RS)
             Minimum Setback
             Front		5 feet min (1)
             Side, Facing a Street		5 feet min (1)
             Side, Interior		4 feet min
             Rear		5 feet min
             (1). Driveways and parking spaces parallel to the front property line.

       8. Fences, walls, and gates. Regulations pertaining to materials and heights for fences, walls and gates are as follows:

          FENCES, WALLS AND GATES STANDARDS TABLE (RS)
          Maximum Height at the Front Yard Ⓐ
          At the property line		5 feet, as measured from grade
          Set back from the property line		5 feet plus 1 foot for every 2 feet of setback up to a maximum of 7 feet, as measured from grade
          Maximum Height at the Side Facing a Street Yard, Waterway or Golf Course Ⓐ
          Side Facing a Street, Waterway or Golf Course Yard		5 feet, as measured from grade (1)
          Maximum Height at the Side Interior and Rear Yards
          Side Interior Yard		7 feet, as measured from grade Ⓑ 7 feet, as measured from future adjusted grade Ⓒ (1) (2)
          Rear Yard
          (1). In the event that a property has approval to be improved at future adjusted grade, the overall height of fences, walls and gates may be measured from future adjusted grade, provided that the portion of such fences, walls or gates above 4 feet in height consists of open pickets with a minimum spacing of 3 inches, unless otherwise approved by the Design Review Board (DRB) or Historic Preservation Board (HPB), as applicable. (2). Pre-1966 exemption. Notwithstanding the above, for properties containing a pre-1966 architecturally significant home, where a substantial portion of the existing rear yard and/or side yard is located at least 12 inches above grade, the overall height of fences, walls and gates may be measured from the elevation of the existing yard, provided that the portion of such fences, walls or gates above 4 feet in height consists of open pickets with a minimum spacing of 3 inches, unless otherwise approved by the design review board or historic preservation board, as applicable.

          1. Materials. All surfaces of masonry walls and wood fences shall be finished in the same manner with the same materials on both sides to have an equal or better quality appearance when seen from adjoining properties. The structural supports for wood fences, walls or gates shall face inward toward the property.
          2. Chain link fence prohibition. Chain link fences are prohibited in the required front yard, and any required yard facing a public right-of-way, waterway or golf course (except side yards facing on the terminus of a dead-end street in single-family districts) except as provided in this section and in section 7.5.3.4.
          3. Other materials prohibited. Barbed wire or materials of similar character shall be prohibited.
       9. Hedges. There are no height limitations on hedges. Hedge material must be kept neat, evenly trimmed and properly maintained. Corner visibility regulations are set forth in section 7.5.3.5.
       10. Hot tubs, showers, saunas, whirlpools, toilet facilities, decks. Hot tubs, showers, whirlpools, toilet facilities, decks and cabanas are structures which are not required to be connected to the main building but may be constructed in a required rear yard, provided such structure does not occupy more than 30 percent (30%) of the area of the required rear yard and provided it is not located closer than 7 feet and 6 inches to a rear or interior side lot line. Freestanding, unenclosed facilities including surrounding paved or deck areas shall adhere to the same setback requirements as enclosed facilities.
       11. Light poles. The following regulations shall apply to light poles:
           1. Light poles shall have a maximum height of 10 feet. Light poles shall be located 7 feet and 6 inches from any property line except that, when such property line abuts a public right-of-way or waterway, there shall be no required setback.
           2. All light from light poles shall be contained on-site or on any public right-of-way as required by the city Code.
       12. Marine structures. Seaward side yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind shall not be less than 7 feet and 6 inches. This requirement pertains to the enlargement of existing structures as well as to the construction of new structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward side yard setback, and the mooring of any type of vessel or watercraft shall be prohibited along either side of the walkway leading from the seawall to a boat dock. Land-side decks may extend to the deck associated with the marine structure. Lighting associated with, but not limited to, the deck, or marine structure shall be installed in such a manner to minimize glare and reflection on adjacent properties and not to impede navigation. The maximum projection of a marine structure shall be determined by the county department of environmental resource management. If a dock or any kind of marine structure/equipment, whether or not it is attached to a dock, projects more than 40 feet into the waterway or extends beyond the maximum projection permitted under section 66-113 in General Ordinances, the review and approval of the applicable state and county authorities shall be required.
       13. Ornamental fixtures or lamps. Requirements for ornamental fixtures and lamps shall be as follows:
           1. Ornamental fixtures and lamps are permitted to be placed on walls or fences when they are adjacent to a public street, alley, golf course, or waterway. The total height of the combined structure shall not exceed the required fence or wall height by more than 2 feet.
           2. Ornamental fixtures and lamps shall be located with a minimum separation of 8 feet on center with a maximum width of 2 feet.
       14. Projections. Every part of a required yard shall be open to the sky, except as authorized by these land development regulations. The following may project into a required yard for a distance not to exceed 25 percent (25%) of the required yard up to a maximum projection of 6 feet, unless otherwise noted.
           1. Belt courses
           2. Chimneys
           3. Cornices.
           4. Exterior unenclosed private balconies.
           5. Ornamental features Including water features, such as ponds with ornamental elements limited to the maximum height allowed of 30 inches above proposed yard elevation
           6. Porches, platforms and terraces up to 30 inches above the yard elevation of the lot, as defined in section 1.2.1. Such projections and encroachments may be located up to the first habitable floor elevation and include stairs, steps, ADA-compliant ramps and related walkways, not exceeding 5 feet in width, which provide access to all porches, platforms, terraces and the first floor when elevated to meet minimum flood elevation requirements, including freeboard.
           7. Roof overhangs.
           8. Sills.
           9. Window or wall air conditioning units.
           10. Bay windows (not extending roof or upper floor slab and composed of fenestration on all sides).

           11. Walkways: Maximum 44 inches. May be increased to a maximum of 5 feet for those portions of walkways necessary to provide Americans with Disabilities Act (ADA)-required turn-around areas and spaces associated with doors and gates. Walkways in required yards may exceed these restrictions when approved through the design review or certificate of appropriateness procedure, as applicable, and pursuant to section 2.5.3, of this Code. Notwithstanding the foregoing, when required to accommodate ADA access to a single-family home in the RS district that was issued a certificate of occupancy or certificate of completion prior to October 30, 2024, or an existing contributing building within a local historic district, or National Register District, an ADA walkway and ramp may be located within a front street side or interior side yard, with no minimum setback, provided all of the following are adhered to:

               1. The maximum width of the walkway and ramp shall not exceed 44 inches, and 5 feet for required ADA landings;
               2. The height of the proposed ramp and landing shall not exceed the finished first floor of the building(s); and
               3. The slope and length of the ramp shall not exceed that which is necessary to meet the minimum building code requirements.
               4. Additionally, subject to the approval of the design review board or historic preservation board, as applicable, an awning may be provided to protect users of the ADA walkway and ramp from the weather.

           12. Electric vehicle charging stations and fixtures, located immediately next to an off-street parking space, shall be permitted where driveways and parking spaces are located.

           13. Electrical transformers and associated concrete pads, as required by Florida Power and Light (FPL) may be located up to the front or street side property line.

           14. Planters, not to exceed 4 feet in height when measured from the finished floor of any floor of the primary structure.

       15. Satellite dish antennas. Satellite dish antennas are only permitted in the rear yard. Antennas shall be located and sized where they are not visible from the street. Satellite dish antennas shall be considered as an accessory structure; however, the height of the equipment measured from its base to the maximum projection of the antenna, based upon maximum operational capabilities, and including the top part of the antenna, shall not exceed 15 feet. If it is attached to the main structure it may not project into a required yard.
       16. Swimming pools. Accessory swimming pools, open and enclosed, or covered by a screen enclosure, or a screen enclosure not covering a swimming pool, may only occupy a required rear, interior side yard or sideyard facing a street, subject to the following:

           SWIMMING POOLS STANDARDS TABLE
           SWIMMING POOL SETBACKS
           	To the swimming pool deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure associated or not associated with a swimming pool.	To the water's edge of the swimming pool or to the waterline of the catch basin of an infinity edge pool.
           Front Setback Ⓐ	Principal building setback minimum
           Side facing a street Setback Ⓑ	10 feet (1)	11.5 feet
           Side, Interior Setback Ⓒ	7.5 feet (1)	9 feet
           Rear Setback Ⓓ	6 feet (1) (2) (3)	7.5 feet (2)
           (1). For properties containing a pre-1942 architecturally significant home, an individually designated historic home, or a contributing single-family home located in a local historic district, a 5 foot setback shall be required from the property line to the swimming pool, deck or platform, the exterior face of an infinity edge pool catch basin, or screen enclosure. (2). For oceanfront properties, the setback shall be measured from the old city bulkhead line. (3). Swimming pool decks may extend to the property line and be connected to a dock and its related decking when abutting upon any bay or canal.

           1. Additional Regulations pertaining to swimming pools:
              1. Walk space. A walk space at least 18 inches wide shall be provided between swimming pool walls and fences or screen enclosure walls. Every swimming pool shall be protected by a sturdy non-climbable safety barrier and by a self-closing, self-locking gate approved by the building official.
                 1. The safety barrier shall be not less than 4 feet in height and shall be erected either around the swimming pool or around the premises or a portion thereof, thereby enclosing the area entirely, and prohibiting unrestrained admittance to the swimming pool area.
                 2. Where a wooden-type fence is to be provided, the boards, pickets, louvers, or other such members shall be spaced, constructed, and erected so as to make the fence not climbable and impenetrable.
                 3. The walls, whether of the stone or block type, shall be so erected to make them nonclimbable.
                 4. Where a wire fence is to be used and not visible from the streets or waterway or golf course, it shall be composed of two-inch chainlink or diamond weave non-climbable type, or of an approved equal, with a top rail and shall be constructed of heavy galvanized material.
                 5. Gates, where provided, shall be of the spring-lock type so that they shall automatically be in a closed and fastened position at all times. They shall also be equipped with a gate lock and shall be locked when the swimming pool is not in use.
              2. Corner properties. For corner lots with a home built prior to 2006, a 10 foot setback shall be required from the front property line and from the side lot line facing the street to the swimming pool, deck, platform or screen enclosure. For corner lots with radial corners, the front setback and the side setback facing the street shall be taken from the midpoint of the curve of the corner of the property.
              3. Homes with two fronts, or through lots, within single-family districts. Lots with two fronts, or through lots (double frontage), as defined by section 1.2.1 of this Code, shall be permitted to place a pool and pool deck, with a minimum 10 foot setback from the front property line, at the functional rear of the house. At least 50 percent (50%) of the required yard facing any street shall be sodded or landscaped pervious open space. The water of the pool may count as part of the open space.
       17. The following regulations shall apply for fences, lightpoles or other accessory structures associated with court games.
           1. In a required front yard the maximum height of fences shall be 10 feet and the fences shall be set back at least 20 feet from the front property line.
           2. In a required side and required rear yard, the maximum height of fences shall be 10 feet measured from the elevation of the finish surface on the edges and the fences shall be set back at least 7 feet, 6 inches from the interior side or rear property line. When the fence faces a street, the maximum height shall be 10 feet measured from the elevation of the finish surface on the edges and the fence shall be set back at least 15 feet from the property line. For oceanfront properties, the rear lot line shall be the old city bulkhead line.
           3. Accessory lighting fixtures, when customarily associated with the use of court games, shall be erected so as to direct light only on the premises on which they are located. The maximum height of light fixtures shall not exceed 10 feet when located in a required yard; otherwise, the maximum height shall not exceed 20 feet. Light is permitted to be cast on any public right-ofway.
           4. All chainlink fences shall be coated with green, brown, or black materials.
           5. When fences are located in required yards, they shall be substantially screened from view from adjacent properties, public rights-of-way, and waterways by landscape materials within the property limits.
           6. Any play surface, whether paved or unpaved, when associated with such court games, shall have the following minimum required yards:
              1. Front—20 feet;
              2. Any side facing a street—15 feet;
              3. Interior side—7 feet and 6 inches;
              4. rear—7 feet and 6 inches.
           7. Landscaping, when associated with tennis courts, shall be allowed to equal the height of the fence. The area between the tennis court fence and the front lot line shall be landscaped and approved by the planning director prior to the issuance of a building permit.

1. Provisions to incentivize the retention of single-family homes.
2. Criteria for the determination of an architecturally significant home. Pursuant to the request of a property owner of a home constructed prior to 1966, the planning director, or designee, may make a determination whether the home is architecturally significant according to the following criteria:
   1. 1. The subject structure is characteristic of a specific architectural style constructed in the city prior to 1966, including, but not limited to, Vernacular, Mediterranean Revival, Art Deco, Streamline Moderne, post-war moder, mid-century modern, brutalist, or a variation thereof.
      2. The exterior of the structure is recognizable as an example of its style and/or period, and its architectural design integrity has not been modified in a manner that cannot be reversed without unreasonable expense.
      3. Significant exterior architectural characteristics, features, or details of the subject structure remain intact.
      4. The subject structure embodies the scale, character and massing of the built context of its immediate area.
         
         The date of construction shall be the date on which the original building permit for the existing structure was issued, according to the City of Miami Beach Building Permit Records. If no city building permit record exists, the date of construction shall be as determined by the Miami-Dade County Property Appraiser.
         
         Any applicant requesting a determination as to the architectural significance of any single-family home constructed prior to 1966 shall pay upon submission of such request all applicable fees in section 2.2.3.5. No application shall be considered complete until all requested information has been submitted and all applicable fees paid.
   2. Appeals. The decision of the planning director, or designee, which shall bear the presumption of correctness, pertaining to the architectural significance of a single-family home, may be appealed to the board of adjustment, pursuant to the requirements of section 2.2.4.7.
   3. Pre-application conference. An applicant may have a pre-application conference with the planning director, or designee, to discuss any aspect of this section. Such pre-application conference and any statements by the planning director, or designee, shall not create any waiver of, or estoppel on, the requirements of, or any determination to be made, under this section.
   4. Regulations for additions to architecturally significant homes that are substantially retained and preserved. In addition to the development regulations and area requirements of section 7.2.2.3, of the land development regulations of the City Code, the following shall apply in the event an architecturally significant single-family home constructed prior to 1966 is substantially retained and preserved. In the event of a conflict between the provisions of section 7.2.2.3 and section 2.5.3.2, and the regulations below, the provisions herein shall control.
      1. Review criteria. The proposed addition and modifications to the existing structure may be reviewed at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee. The design of any addition to the existing structure shall take into consideration the scale, massing, building orientation and siting of the original structure on the subject site. Additionally, the following shall apply:
         1. Lot coverage. The total lot coverage may be increased to, but shall not exceed 40 percent (40%), and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee. In the event the lot coverage of the existing structure exceeds 40 percent (40%), no variance shall be required to retain and preserve the existing lot coverage and a second level addition shall be permitted, provided it does not exceed 60 percent (60%) of the footprint of the existing structure; no lot coverage variance shall be required for such addition.
         2. Unit size. The total unit size may be increased to, but shall not exceed 60 percent (60%), and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         3. Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot width of 60 feet, or lots zoned RS-3, the height for ground level additions not to exceed 50 percent (50%) of the lot coverage proposed, may be increased up to 26 feet for a flat roofed structure and 29 feet for a sloped roof structure (See Height of Building definition ) above the minimum required flood elevation, and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         4. Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for ground level additions not to exceed 50 percent (50%) of the lot coverage proposed may be increased up to 30 feet for a flat roofed structure and 33 feet for a sloped roof structure (See Height of Building definition ) above the minimum required flood elevation, and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         5. Courtyards. The minimum courtyard requirements specified in section 7.2.2.3.b.2.A may be waived at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         6. Front setback. Two-story structures or the second floor may encroach forward to the 20-foot front setback line, and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         7. Two-story ground level additions. The construction of a ground floor addition of more than one story shall be allowed to follow the existing interior building lines, provided a minimum side setback of 5 feet is met, and may be approved at the administrative level, provided that the review criteria in section 7.2.2.3 have been satisfied, as determined by the planning director or designee.
         8. Projections. Habitable additions to, as well as the relocation of, architecturally significant structures, may project into a required rear or side yard for a distance not to exceed 25 percent (25% ) of the required yard, up to the following maximum projections:
            1. Interior side yard: 5 feet.
            2. Street side yard: 7 feet 6 inches.
            3. Rear yard: 15 feet.
      2. Fees. The property owner shall not be required to pay any city planning or public works department fees associated with the renovation and restoration of the existing single-family home; except that any and all non-city impact fees and other fees shall still be required.
      3. Applicability. The above regulations shall also be applicable to:
         1. Any single-family home designated as an historic structure by the historic preservation board.
         2. Anv single-family home classified as contributing within a local historic district. However, contributing single- family homes shall not be eligible for the unit size incentive.
      4. Appeals. Any decision of the planning director pertaining to these regulations may be appealed to the board of adjustment, pursuant to the requirements of section 2.2.3.7. Thereafter review shall be by certiorari to the circuit court.
   5. Issuance of demolition permits for single-family homes.
      1. Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official.
      2. A demolition permit for the total demolition of any single-family home shall not be issued unless one of the criteria below are satisfied:
         1. Obtain a building permit process number, which shall require:
            1. The building permit application and all required plans for the new construction, shall be submitted and in the review process;
            2. A tree survey, if required, shall be submitted and a replacement plan, if required, shall be reviewed, and approved by the urban forestry in the environment and sustainability department.
            3. A construction fence permit conforming to an applicable Board order and /or provisions from section 7.5.1.6.b shall be submitted.
         2. Or, alternatively, the issuance of a demolition permit shall be required to comply with the following:
            1. A tree survey, if required, shall be submitted and a replacement plan, if required, shall be reviewed, and approved by the urban forestry in the environment and sustainability department.
            2. The demolition permit shall indicate that the entire property, with the exception of areas surrounding trees to be retained and preserved, shall be raised to sidewalk grade, or the crown of the road, upon the completion of demolition, with approved base material.
            3. The demolition permit shall indicate that drought and salt tolerant sod, such as bahia sod or seashore paspalum sod shall be installed on the entire site and hedge material shall be installed along the entire perimeter of the property.
            4. Fencing for the property shall be required, and shall only consist of aluminum picket along the entire perimeter of the property. The maximum height of the fence shall not exceed 7 feet.
            5. The raising of the site to sidewalk grade and the installation of all required landscaping shall be completed within ten days of the completion of demolition.
            6. All landscaping required herein shall be installed and maintained as required by the demolition permit and the city's landscaping code, until such time as new construction is authorized and commences.
      3. Penalties and enforcement. The code compliance department is empowered and authorized to require compliance with this section within 30 days of written notice to violators.
      4. The following civil fines shall be imposed for a violation of section 7.2.2.4.a.5.B.II:
         1. First violation within a 12-month period: $2.500.00;
         2. Second violation within a 12-month period: $5,000.00;
         3. Third violation within a 12-month period: $7,500.00;
         4. Fourth or subsequent violation within a 12-month period: $10.000.00.
      5. Enforcement of section 7.2.2.4.b. The code compliance department shall enforce section 7.2.2.4.b. The notice of violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special magistrate within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing.
      6. Rights of violators of section 7.2.2.4.b; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate.
         1. A violator who has been served with a notice of violation must elect to either:
            1. Pay the civil fine in the manner indicated on the notice of violation; or
            2. Request an administrative hearing before a special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation.
         2. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of the General Ordinances. Applications for hearings must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal.
         3. The failure to pay the civil fine, or to timely request an administrative hearing before a special magistrate, shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.
         4. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. Three months after the recording of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien, for the amount of the lien plus accrued interest.
         5. The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation.
         6. The special magistrate shall not have discretion to alter the penalties prescribed in this section.
         7. Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction.

1. Location and Purpose (Altos del Mar Historic District – RS)
   Altos del Mar Historic District is bounded by 79^th Street to the north, 77^th Street to the south, Collins Avenue to the west and the Atlantic Ocean to the east (MAP EXHIBIT-2). The purpose of this subdistrict is to preserve the character of the existing neighborhood.
2. Development Regulations (Altos del Mar Historic District – RS)
   Notwithstanding the development regulations contained in sections 7.2.2.1 above, the following development regulations shall apply to those portions of the RS-3 and RS-4 zoning districts located within the Altos Del Mar Historic District (MAP EXHIBIT-2):

   ALTOS DEL MAR HISTORIC DISTRICT DEVELOPMENT REGULATIONS TABLE (RS)
   LOT OCCUPATION		RS-3	RS-4
   Minimum Lot Width (feet)		50 feet
   Maximum Lot Width (feet)		100 feet (two adjoining lots) (1)
   		RS-3	RS-4
   Maximum Unit Size (square feet)		4,700 SF for habitable major structures. 1,700 square feet for the understructure and nonhabitable major structures. An additional 600 square feet shall be allowed for the garage.	3,250 SF No variances shall be granted with regard to the maximum square footage of structures. An additional 400 square feet shall be allowed for the garage.
   Maximum Unit Size for two adjoining 50 foot lots (square feet)		7,000 SF for habitable major structures. 3,400 square feet for the understructure and nonhabitable major structures. An additional 600 square feet shall be allowed for the garage.	3,750 SF An additional 400 square feet shall be allowed for the garage.
   BUILDING SETBACKS		RS-3	RS-4
   Atlantic Way Setback Ⓐ		12 feet - Up to 25 feet in building height 75 feet - Greater than 25 feet in height	5 feet
   Ocean Setback Ⓐ		130 feet from Miami Beach Bulkhead Line for principal and accessory buildings - Up to 25 feet in building height 140 feet from the Miami Beach Bulkhead Line; - Greater than 25 feet in height: 80 feet from Miami Beach Bulkhead Line for pools, decks, and any other structures: 30 inches or less above grade.	N/A
   Collins Avenue Setback Ⓐ		N/A	20 feet (for principal and accessory buildings)
   Side, facing a street Setback Ⓑ		5 feet
   Side, Interior Setback Ⓒ		5 feet or 10% of lot width, whichever is greater.
   BUILDING HEIGHT Ⓔ
   	RS-3			RS-4
   Maximum Height (stories)	3			2
   Maximum Height (feet)	37 feet above grade (2) Only ⅓ of the floor area of habitable major structures may be located above 25 feet in height. For every one square foot of floor area above 25 feet in height, there shall be one square foot of courtyard or garden space, open to the sky, at ground level within the buildable area of the lot. The understructure of habitable major structures shall be designed to be contiguous with perimeter walls above and shall enhance the experience of courtyard and exterior spaces directly adjacent.			25 feet above grade (2)
   RS-3 RS-4
   (1). No variance from this provision shall be granted. (2). The height regulation exceptions contained in section 7.5.2 shall not apply except chimneys and air vents are permitted.

   1. Supplementary yard regulations. Notwithstanding the regulations contained in section 7.5.3, the following supplementary yard regulations shall apply:
      1. Accessory buildings are not permitted in required yards.
      2. Fences, walls and gates shall not be permitted eastward of the Miami Beach Bulkhead Line and shall not exceed 42 inches in height within 130 feet west of the Miami Beach Bulkhead Line.
      3. Hot tubs, showers, saunas, whirlpools, toilet facilities, swimming pool equipment, and decks shall not be permitted more than the yard elevation within required yard areas. An exception may be made for swimming pool equipment with approval by the historic preservation board.
      4. Satellite dish antennas shall not be permitted in required yard areas.
      5. Swimming pools may only occupy a required yard if open and unobstructed to the sky, and elevated no more than the yard elevation. An exception may be made for swimming pools with approval by the historic preservation board. Swimming pool decks shall be set back a minimum of 5 feet from side yards, 5 feet from side yards facing a street, 5 feet from Collins Avenue, and 80 feet from the Miami Beach Bulkhead Line on oceanfront lots.
   2. The terms habitable major structures, non-habitable major structures and understructure shall be as defined in section 161.053, Florida Statutes and chapter 62B-33, Florida Administrative Code.

1. Location and Purpose (40th Street Overlay – RS)
   The overlay regulations of this division shall apply to the properties, as they are configured as of January 1, 2010, with lot lines adjacent to the south right-of-way line of 40th Street between Chase Avenue to the west and Pine Tree Drive to the east (MAP EXHIBIT-1).
   The purpose of this overlay district is to provide pedestrian-friendly religious institutional uses through the conditional use permit process at the properties to serve the surrounding residential uses. Any expansion of the overlay district shall only be permitted by amendment to these regulations.
2. Compliance with Regulations (40th Street Overlay – RS)
   
   The following overlay regulations shall apply within the 40th Street Overlay District. All development regulations for the underlying zoning district shall apply, except as follows provided in 7.2.2.6:

   1. DEVELOPMENT REGULATIONS TABLE (For Development Consisting of 2 or More Platted Lots in the 40th Street Overlay)
      Maximum Unit Size (% of Lot Area)	100%
      Maximum Lot Coverage (% of lot area)	50%
      BUILDING SETBACKS
      Front Setback	20 feet
      Side, Facing a Street Setback	5 feet
      BUILDING HEIGHT
      Maximum Height (stories)	3 stories
      Maximum Height (feet)	36 ft - flat roofs 39 ft - sloped roofs

   2. Religious institutions and standalone schools, in existing rehabilitated structures or new construction, shall be conditional uses, subject to regulations in section 2.5.2, conditional use procedure.

   3. All new construction or additions to existing structures shall be compatible with the scale of the surrounding residential neighborhood and shall be designed to maintain a residential character, as determined by the planning director or designee, or the design review board, as applicable.

   4. Permits for new construction, alterations or additions to existing structures shall be subject to design review by the planning director or designee. For those sites consisting of two or more platted lots, the review and approval of the design review board shall be required.

   5. The following regulations shall apply to sites consisting of two or more platted lots:

      1. Dormitories associated with religious institutions shall be a conditional use, subject to the regulations in section 2.5.2, conditional use procedure. Thwe number of individual dormitories shall not exceed an aggregate of 4 dormitory units per platted lot, and there shall be a maximum of up 4 beds in each dormitory unit.

      2. Covered stairs and walkways shall be exempt from unit size and lot coverage calculations.

      3. Roof top access and roof top uses shall not be permitted.

      4. The overlay district shall be exempt from the following regulations applicable to the underlying zoning district:

         1. Section 7.2.2.3(b)(2): Two Story Houses Standards.

         2. Section 7.2.2.3(b)(3): Nonconforming yards, for developments consisting of two or mor platted lots.

         3. 7.2.2.3(b)(4): Limitation on contiguous lots, not to exceed three platted lots.

         4. 7.2.2.3(b)(7)A: The general statement shall not apply to the 40th Street Overlay District.

3. Off-street Parking Regulations (40th Street Overlay – RS)
   For religious institutions in the 40th Street Overlay District (MAP EXHIBIT-1) , the following off-street parking regulations shall apply:
   1. For adaptive reuse of existing buildings, including expansions or additions thereto less than 50 percent (50%) of the size of the existing structure, there shall be no parking requirement provided that there is one or more public parking lot(s) and/or garage(s) within 500 feet of the subject property. Existing required parking spaces on site shall remain or be replaced on-site.
   2. For new construction, and expansions or additions of more than 50 percent (50%) of the size of an existing structure, the parking requirement shall be the same as for a single-family detached dwelling pursuant to chapter 5 of the Land Development Regulations, entitled off-street parking, article II; "Vehicle parking, bicycle parking and off-street loading requirements," provided that there is one or more public parking lot(s) and/or garage(s) within 500 feet of the subject property.
   3. Existing parking spaces on a property may be discontinued, provided that there is one or more public parking lot(s) and/or garage(s) within 500 feet of the subject property. In the event that a religious institution converts back to a single family residence, the previously discontinued parking spaces shall be re-activated.

The TH townhome residential district is designed to accommodate townhome developments.

1. Supplemental main permitted uses (TH)
   None
2. Supplemental Conditional uses Regulations (TH)
   None
3. Supplemental Accessory uses Regulations (TH)
   The supplemental accessory uses are as follows:
   1. Those noncommercial uses customarily associated with townhome developments, including floor area associated with public uses that are open to the general public.
   2. However, projects that exceed 200 units may have 10 percent (10%) of the floor area of the project as retail uses. See section 7.5.4.13.
4. Supplemental Prohibited uses Regulations (TH)
   The supplemental prohibited uses are:
   1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in General Ordinances.

1. The development regulations in the TH townhome residential district are as follows:

2. Design review (TH)

All townhome projects shall be reviewed pursuant to the design review procedures as set forth in section 2.5.3.

a. Public-Private Parking Agreement.

In cases where the city commission approves after public hearing a public-private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be 0 feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district.

The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-family and multiple-family residences.

1. Supplemental main permitted uses Regulations (RM-1)
   The supplemental main permitted uses are as follows:
   1. Apartment hotels, hotels, and suite hotels for properties fronting Harding Avenue or Collins Avenue, from the city line on the north, to 73rd Street on the south (MAP EXHIBIT-1) (pursuant to sections 2.7.2 which requires a Commission warrant, and 7.5.4.5)
   2. Bed and breakfast inn (pursuant to section 7.5.5.5)
   3. Apartment hotels, hotels, and suite hotels for properties abutting Lincoln Lane South, between Drexel Avenue and Lenox Avenue (MAP EXHIBIT-2), subject to the following regulations:
      1. The lot width of the property shall not exceed 100 feet;
      2. The lobby from which the property is accessed shall be located within a building fronting Lincoln Road, which is located directly across Lincoln Lane South from the RM-1 property;
      3. The hotel shall be operated by a single operator; and
      4. No accessory uses associated with a hotel shall be located or permitted within the RM-1 district.
   4. Properties located north of Normandy Drive having a lot area greater than 30,000 square feet, which are individually designated as an historic site, shall be entitled to have
      1. hotels,
      2. apartment hotels, and
      3. suite hotels
2. Supplemental Conditional uses Regulations (RM-1)
   The supplemental conditional uses are as follows:
   1. For properties located in the Collins Waterfront Historic District, which are designated as a Local Historic Site, a hall for hire use within the interior of an existing building shall require conditional use approval and shall comply with the following:
      1. The conditional use shall only be permitted within an existing structure that is on a property designated as a "Historic Site" and such limitation shall be recorded in the Public Records;
      2. Dance halls, entertainment establishments and neighborhood impact establishments may only be permitted as part of a hall for hire;
      3. The hall for hire use shall close by 11:00 p.m. Sunday through Thursday, and by 12:00 a.m. Friday and Saturday;
      4. Events at the hall for hire shall be for the exclusive use of the property owner (and its subsidiaries) and invited guests. Events at the hall shall not be for the general public, with the exception of adjacent schools and community organizations within the Collins Park and Flamingo Drive areas, which may use the hall until 9:00 p.m.;
      5. Restaurants, stand-alone bars and alcoholic beverage establishments, not functioning as a hall-forhire, shall be prohibited;
      6. Outdoor dining, outdoor entertainment and open-air entertainment uses shall be prohibited;
      7. Private or valet parking for any event at the hall shall be prohibited from using Flamingo Drive, Flamingo Place or Lake Pancoast Drive to facilitate access to the site.
   2. For apartment buildings located north of 41st Street with a minimum of 100 apartment units, a restaurant serving alcoholic beverages shall require conditional use approval and shall comply with the following:
      1. The restaurant shall only be open to residents of the apartment building and their invited guests. All invited guests shall be required to park on the subject property.
      2. The kitchen shall be limited to a maximum size of 500 square feet.
      3. The conditional use application for a restaurant with outdoor seating and outdoor dining areas shall specify the proposed maximum number of seats, and locations of seating in the outdoor areas, which shall be subject to planning board review and approval.
      4. A hall for hire, dance hall, open-air entertainment establishment, outdoor entertainment establishment or entertainment establishment shall be prohibited.
      5. There shall only be one restaurant on the subject property.
      6. The hours of operation of the restaurant may be from 8:00 a.m. to midnight (no orders to be taken after 11:00 p.m.), and for any exterior areas only until 11:00 p.m. (no order to be taken after 10:00 p.m.).
      7. Without limiting the foregoing, in the outdoors areas of the restaurant there shall not be any entertainment or special events.
      8. There shall be no variances from the provisions of section 7.2.4.2.b.1.
   3. For properties located north of Normandy Drive (MAP EXHIBIT-4) having a lot area greater than 30,000 square feet, which are individually designated as an historic site, additional conditional uses are:
      1. Accessory outdoor bar counters, provided that an accessory outdoor bar counter is only permitted to be utilized during the hours of operation of the restaurant of which it is a part.
      2. Accessory outdoor and open air entertainment establishment consisting of ambient performances only. For purposes of this subsection, ambient performances shall be defined as any live or recorded, amplified or nonamplified performance played or conducted at a volume that does not interfere with normal conversation. Ambient performances shall only take place between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise approved by the planning board through the conditional use process.
      3. Accessory neighborhood impact establishments.
   4. Qualifying educational facilities shall be eligible for the School Use Incentives as identified in section 7.1.13 of these land development regulations.
3. Supplemental Accessory uses Regulations (RM-1)
   The supplemental accessory uses are as follows:
   1. The accessory uses in the RM-1 residential multifamily, low density district are as required in section 7.5.4.13 .
   2. Notwithstanding the foregoing, accessory uses that are customarily associated with the operation of a hotel are permitted as provided in section 7.2.4.2.
   3. Additionally, properties located north of Normandy Drive (MAP EXHIBIT-4) having a lot area greater than 30,000 square feet, which are individually designated as an historic site are permitted to have the following accessory uses associated with the operation of a hotel:
      1. retail
      2. restaurants with or without accessory bars, and personal services.
4. Supplementary Prohibited uses Regulations (RM-1)
   The supplemental prohibited uses are as follows:
   1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in General Ordinances, are prohibited uses
   2. Parking lots or garages when a main use are prohibited on lots fronting Española Way.
5. Hours for the sale and consumption of alcoholic beverages.
   1. ​​​​​​West Avenue. As applicable to alcoholic beverage establishments between Bay Road on the west, the southern boundary line of properties fronting the south side of Lincoln Road on the north, Alton Court on the east, and 13th Street on the south, alcoholic beverages shall not be offered for sale or on-premises consumption indoors between the hours of 2:00a.m. and 8:00 a.m. each night, or outdoors between the hours of 12:00a.m. and 8:00a.m. each night, notwithstanding sections 2.4.3 or 2.12.5 of this Code. For purposes of this section, the term "outdoors" shall mean any area of an alcoholic beverage establishment that is not completely enclosed and located entirely within a building. Any operable windows or doors shall remain closed at all times, except for purposes of ingress and egress.
   2. Determination of vested rights. The owner or operator of any alcoholic beverage establishment claiming a vested right to conduct alcohol sales for on-premises consumption for hours greater that the hours permitted under subsection (e)(1) may so operate only after applying for a determmination of its vested right(s) and having those rights confirmed by the chief special magistrate as follows:
      1. Appointment; qualifications; term. The chief special magistrate shall adjudicate applications for determinations of vested rights under this subsection (e)(2). The special magistrate shall be an attorney in good standing with the Florida Bar, with expertise in the areas of local government law, business licensing, vested rights, and/or property law.
      2. Filing period. Any application for a determination of vested rights must be filed with the city manager, city attorney, and city clerk no later than October 31, 2024.
      3. Standard for finding of a vested right. A vested right to conduct alcohol sales for on-premises consumption later that the hours prescribed in subsection (e)(1) shall be found to exist only where:
         1. An active order of the Planning Board, an active order of the Board of Adjustment, or other active development order issued by the City, expressly authorizes the alcoholic beverage establishment to conduct alcohol sales for on-premises consumption during specified hours;
         2. In good faith reliance upon such prior order, the applicant has made a substantial change in position or incurred extensive contractual obligations and financial expenses; and
         3. It would be highly inequitable to interfere with the acquired right.
            
            In accordance with Florida law, no right to conduct alcohol sales at certain hours may be determined to have vested as a result of the adoption of an ordinance by the city commission. The chief special magistrate shall dismiss any application that relies solely upon a previously enacted ordinance of the city commission.
      4. Procedure. Applications for vested rights determinations shall be heard in accordance with the procedures for hearings before the special magistrate specified in Chapter 30 of the City Code except that;
         1. Applications for a vested rights determination shall be made in writing and filed with the city manager, city attorney, and city clerk.
         2. At a minimum, applications shall;
            1. Identify all prior orders from which the alleged vested right arises;
            2. Include a copy of each such prior order;
            3. Specify how the adoption of this ordinance adversely affected the alleged vested right including how the standard in subsection (e)(2)(C) is satisfied;
            4. Specify the applicant's requested relief; and
            5. Be sworn to by the applicant.
         3. The signature of the applicant or the applicant's attorney shall constitute a certificate that the person signing has read the applicant's written submissions and, to the best of their knowledge, the application is made in good faith and not for purposes of delay. The applicant or its attorney shall have a continuing obligation to correct any statement or representation found to have been incurred when made or which becomes incorrect by virtue of changed circumstances. If a claim of taking or abrogation of vested rights is; (1) based upon facts that the claimant or the attorney for the claimant knew or should have known were not true; or (2) frivolous or filed solely for the purpose of delay, the chief special magistrate shall make such findings in writing and deny the application.
         4. The city clerk shall acknowledge receipt of an application for vested rights within three business days of receipt of the application, and shall promptly schedule a hearing before the chief special magistrate.
         5. Effect of filing application for vested rights determination. During the pendency of an application for a vested rights determination, the applicant shall comply with all requirements of this section. The filing of an application shall not be construed to stay enforcement of this section against the applicant.
      5. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the special magistrate to the circuit court by petition for writ of certiorari, pursuant to the Florida Rules of Appellate Procedure.

a. The development regulations in the RM-1 residential multifamily, low density district are as follows:

b. Exterior building and lot standards (RM-1)

See section 7.1.2.3

c. Ground floor requirements (RM-1)

When parking or amenity areas are provided at the Understory Level below the first habitable level section 7.1.2.2.c shall apply.

e. Regulations for new construction (RM-1)

All floors of a building containing parking spaces shall follow Parking Screening Standards in section 7.1.6.

f. Lot aggregation (RM-1)

No more than two (2) contiguous lots may be aggregated for development purposes, with the exception of projects classified as affordable and/or workforce housing.

g. Public-Private Parking Agreement (RM-1)

In cases where the city commission approves after public hearing a public-private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be 0 feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district.

1. In the Flamingo Park Local Historic District (MAP EXHIBIT-6), the following shall apply:
   1. Notwithstanding the provisions of section 7.5.2 of these land development regulations, roof-top additions shall not be permitted on any contributing building and any stairwell or elevator bulkhead shall meet the line-of-sight requirements of section 7.5.2, but not to exceed allowable building heights. The historic preservation board reserves the right to re-classify the contributing status of any structure in the district, prior to rendering a decision on any application that may contemplate a rooftop addition.
   2. Ground level additions shall be detached and separated from the main structure(s) on the site by a distance of at least 10 feet. The historic preservation board may, on a case-by-case basis, allow a ground level addition to attach to the rear of an existing structure that has a flat roof and parapet, provided such addition does not exceed the height of the existing structure and that the attachment does not result in the demolition, obscuring or removal of any significant architectural features and/or finishes from the existing structure.
   3. The height of any ground level addition to an existing structure, whether attached or detached, shall be limited to one (1) story, not to exceed 12 feet above the height of the main roof of the existing structure. In the event the existing structure is two (2) stories in height or higher, the proposed addition shall not exceed a total of three (3) stories and 35 feet.
   4. Ground level additions, whether attached or detached, shall follow the established lines of the interior side setbacks of the main existing structure on the site. For the first two (2) floors of the addition, any non-conforming interior side setback may be extended, provided the minimum interior and/or street side setback is 5 feet; the third floor of the addition, if permitted, shall meet the minimum side yard requirements. Notwithstanding the foregoing, the historic preservation board may, on a case-by-case basis, allow ground level additions to exceed one side of the established interior side setbacks of the main existing structure on the site, provided the sum of the interior side setbacks is a minimum of 15 feet.
   5. No more than two (2) contiguous lots may be aggregated for development purposes.
   6. For any new construction or additions, whether attached or detached, on multiple or aggregated lots, a minimum building separation of 10 feet at the center of the aggregated lots shall be required. The historic preservation board may, on a case-by-case basis, allow for a connection in the rear of the property, provided the depth of such connection does not exceed 25 percent (25%) of the lot depth and that the connection does not contain any parking spaces.
   7. Only those portions of a contributing building that were not part of the original structure on site, or that have not acquired any type of architectural significance, as determined by staff or the historic preservation board, may be proposed to be demolished.
   8. For contributing buildings or properties, no building or structure shall be permitted within an existing historic courtyard. For purposes of this subsection, an historic courtyard shall be defined as a grade level space, open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to, paving patterns, fountains, terraces, walkways or landscaping.
   9. Each level of new construction or additions, whether attached or detached, shall have a maximum floor to floor height of 12 feet. The historic preservation board may, on a case-by-case basis, waive the maximum floor to floor height requirement and allow for loft or mezzanine space within the allowable volume of the building, provided the total floor area of any such loft space or mezzanine does not exceed one-third (1/3) the total floor area in that room or story in which the loft space or mezzanine occurs.
   10. Stairwell bulkheads shall not be permitted to extend above the maximum building height.
   11. Elevator bulkheads extending above the main roofline of a building shall be required to meet the line-of-sight requirements set forth in section 7.5.2 herein and such line-of-sight requirement cannot be waived by the historic preservation board.
   12. If an alley exists, no front curb cut shall be permitted. If no alley exists, any curb-cut required shall not exceed 12 feet in width.
   13. No variances from these provisions shall be granted.
2. For properties located in the North Shore and Normandy Isles National Register Historic Districts (MAP EXHIBIT-7)

See section 7.3.8.

1. Location and Purpose (North Beach Private and Public School Overlay District – RM-1).
   1. The overlay regulations in this division shall apply to all new and existing schools located in that portion of the RM-1 residential multifamily low intensity zoning district which is bounded on the north by the south side of 78th Street; on the east by the west side of Carlyle Avenue; on the west by the east side of Tatum Waterway; and on the south by the north side of 75th Street (MAP EXHIBIT-8).
   2. In the event of a conflict between the overlay regulations in this division and the regulations for the underlying RM-1 zoning district and/or North Beach National Register Conservation District Overlay, these overlay regulations shall control.
   3. The purpose of this overlay district is to:
      1. Provide land-use regulations that encourage the retention and preservation of existing public and private schools within the overlay;
      2. Promote enhancements to educational facilities for children that improve academic offerings, campus security, vehicle circulation. parking, and student access; and
      3. Ensure that the scale and massing of new development is consistent with the established context of the existing residential neighborhoods, and maintain the low-scale, as-built character of the surrounding neighborhoods.
2. Development Regulations (North Beach Private and Public School Overlay District- RM-1)
   The following overlay regulations shall apply to the North Beach Private and Public School District Overlay:
   1. The lot area, lot width, and lot aggregation requirements for properties zoned RM-1 within the North Beach Private and Public School District Overlay district are as follows:

      DEVELOPMENT REGULATIONS (NORTH BEACH PRIVATE AND PUBLIC SCHOOL OVERLAY DISTRICT – RM-1)
      Minimum Developable Lot Area (Square Feet)	5,000 SF
      Minimum Developable Lot Width (Feet)	50 feet
      Maximum Developable Lot Width (Feet)	N/A
      Maximum Developable Aggregation (Platted Lots)	Schools: Up to nine (9) lots may be aggregated

   2. The height requirements for RM-1 properties within the North Beach Private and Public School Overlay District are as follows:
      1. The maximum building height for new construction shall be 32 feet for the first 10 feet of building depth as measured from the minimum required front setback, and a maximum of 60 feet for the remainder of the building depth when the building includes a gymnasium: otherwise. The maximum building height shall be 45 feet.
      2. In the event that the existing building exceeds 32 feet in height that existing height shall control.
      3. Elevator and stairwell bulkheads extending above the main roofline of a building shall be required to meet the line-of-sight requirements set forth in section 7.5.2. unless waived by either the historic preservation board or design review board. as may be applicable.
   3. Exterior building and lot standards.
      1. There shall be no minimum or maximum yard elevation requirements or maximum lot coverage requirements within the North Beach Private and Public School District Overlay.
   4. The setback requirements for all buildings located in the RM-1 district within the North Beach Private and Public School Overlay District are as follows:

      SETBACK REQUIREMENTS (NORTH BEACH PRIVATE AND PUBLIC SCHOOL OVERLAY DISTRICT – RM-1)
      Front	10 feet
      Side, Facing a Street
      Lot width of 60 feet or less	5 feet (non-waterfront)
      Lot width greater than 60 feet	7.5 feet or 8% of lot width, whichever is greater (non-waterfront)
      Side, Interior	5 feet
      Rear	5 feet (non-waterfront)

   5. No additional setback requirements shall be imposed for landscaping.
   6. For development of school sites consisting of nine platted lots or fewer, there shall be no specific restriction on the width of any new building.
   7. For development of school sites consisting of nine platted lots or fewer, there shall be no minimum distance separation between buildings on a single site.
   8. For development of school sites, a courtyard or semi-public outdoor area shall not be required.
   9. Notwithstanding the provisions in section 7.5.3.2, within the required front yard, rear yard, or side yards facing a street or interior, fences, walls, and gates shall not exceed 8 feet in height, as measured consistent with the definition of "adjusted future grade" in section 1.2.1.
3. Additional Parking Standards (North Beach Private and Public School Overlay District- RM-1).
   1. Notwithstanding the provisions of section 5.2.4, there shall be no minimum parking requirement associated with the redevelopment of an existing school.
   2. All exterior parking and driveway surface areas shall be composed of semi-pervious or pervious material such as concrete or grass pavers, set in sand.
   3. Required wheel stops shall have a low profile, and shall not exceed 5 feet in width.
   4. All parking lots for schools shall meet the following minimum setback requirements, notwithstanding any other requirement in the land development regulations:
      Front: 5 feet;
      Rear: 5 feet;
      Side interior: 5 feet; and
      Side facing a street: 5 feet.
   5. For schools, a maximum of five one-way driveway curb cuts per platted lot within a development site shall be permitted. The maximum width of each driveway curb cut shall not exceed 15 feet.
   6. Notwithstanding the provisions of section 5.2.6, no new loading spaces shall be required in connection with the expansion of an existing school (including the construction of a new building or structure, or an increase to the floor area of the school).
   7. Notwithstanding the requirements of section 4.2.8, as applicable to landscaped areas in permanent parking lots, when reconfiguring existing parking for a school, the minimum landscape requirements shall be subject to the review and approval of the design review board.

The RM-2 residential multifamily, medium intensity district is designed for medium intensity multiple-family residences.

1. Supplemental main permitted uses regulations (RM-2)
   The supplemental main permitted uses are as follows:
   1. Apartment hotels, hotels, hostels, and suite hotels (pursuant to sections 2.7.2 which requires a Commission warrant, and 7.5.4.5).
      1. Except that in the Palm View corridor, defined in this subsection as all properties abutting the west side of Meridian Avenue between 17^th Street and Collins Canal (MAP EXHIBIT-1), apartment hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28, 2013, or are approved by the design review board pursuant to a complete application filed and pending prior to May 28, 2013, in which event they shall be considered a “legal conforming use.” A property that has a “legal conforming use” as used in this subsection prior to May 28, 2013, may retain all, and apply for new, expansions and modifications to, permitted, conditional and/or accessory uses permitted in the zoning category as of May 28, 2013, and apply for building permits to add, improve and/or expand existing structures, or construct new structures for permitted, conditional and/or accessory uses permitted in the zoning category, if FAR remains available.
      2. In the West Avenue corridor, defined in this subsection as that area bordered by Collins Canal to the north, Alton Road to the east, Biscayne Bay to the west, and 6^th Street to the south (MAP EXHIBIT-2), apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license prior to May 28, 2013, or are approved by the design review board pursuant to a complete application filed and pending prior to May 28, 2013, in which event they shall be considered a “legal conforming use.” A property that has a “legal conforming use” as used in this subsection prior to May 28, 2013, may retain all, and apply for new, expansions and modifications to, permitted, conditional and/or accessory uses permitted in the zoning category as of May 28, 2013, and apply for building permits to add, improve and/or expand existing structures, or construct new structures for permitted, conditional and/or accessory uses permitted in the zoning category, if FAR remains available.
   2. Offices that are incidental and customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1,200 feet from the RM-3 hotel property . For purposes of this section, the distance between the RM-3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties’ boundaries; further that office property shall be governed by a restrictive covenant approved as to form by the city attorney, recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues.
2. Supplemental Conditional Uses Regulations (RM-2)
   The supplemental conditional uses are as follows:
   1. Hall For Hire when associated with a hotel located in the RM-3 district (subject to the requirement that such hotel property be located within 100 feet of the ballroom and meeting room property); and
   2. Accessory neighborhood impact establishment; as set forth in section 7.2.5.2.b.4. below.
   3. Museum Historic Preservation District (MAP EXHIBIT-3). In addition to the conditional uses specified in section 7.2.5.2, existing religious institutions located on properties in the Museum Historic Preservation District, which contain a contributing structure, may obtain conditional use approval for a separate hall for hire use within the interior of the existing religious institution. Any such hall for hire use shall comply with the following additional regulations:
      1. Entertainment may only be permitted in the hall for hire;
      2. The hall for hire use shall cease operations by 11:00 p.m. on Sunday through Thursday, and by 12:00 a.m. on Friday and Saturday;
      3. Only the property owner, its subsidiaries, and its invited guests may hold events at the hall for hire;
      4. Restaurants, stand-alone bars, and alcoholic beverage establishments, shall be prohibited;
      5. Outdoor dining, outdoor entertainment, open-air entertainment uses, outdoor speakers and outdoor music shall be prohibited;
      6. There shall be no variances from the provisions of section 7.2.5.2.b.3.
   4. West Avenue Bayfront Overlay District. In addition to the conditional uses specified in section 7.2.5.2, the conditional uses within the West Avenue Bayfront Overlay District shall include the following:
      1. Non-medical offices and personal service uses, either of which may only be located on the lobby level of bayfront apartment buildings.
   5. Washington Avenue. In addition to the conditional uses specified in section 7.2.5.2, and notwithstanding the provisions of the prohibited uses in section 7.2.5.2, the following regulations shall apply to properties that front Washington Avenue between 6^th Street and 7^th Street, including those properties between 6^th Street and 7^th Street that have frontage on Pennsylvania Avenue (MAP EXHIBIT-5):
      1. Restaurants, cafes and/or eating and drinking establishments, which include entertainment, as an accessory use to a hotel shall require conditional use approval. This may include establishments that qualify as a neighborhood impact establishment, subject to all applicable approvals under the neighborhood impact establishment requirements and provided that any sound associated with outdoor entertainment shall be limited to a volume that does not interfere with normal conversation (i.e. at an ambient level).
      2. Outdoor bar counters shall require conditional use approval, with hours of operation to be determined by the planning board.
   6. Qualifying educational facilities shall be eligible for the School Use Incentives as identified in section 7.1.13 of these land development regulations.
3. Supplemental Accessory Uses Regulations (RM-2)
   The supplemental accessory uses are as follows:
   1. The accessory uses in the RM-2 residential multifamily, medium intensity district are as required in section 7.5.4.13
   2. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 of the General Ordinances.
   3. Notwithstanding the foregoing, a property that had a legal conforming use as of May 28, 2013, shall have the right to apply for and receive special event permits that contain entertainment uses.
   4. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
4. Supplemental Prohibited Uses Regulations (RM-2)
   The supplemental prohibited uses are as follows:
   1. Accessory outdoor entertainment establishment, accessory open air entertainment establishment, as set forth in section 7.5.5.5.
   2. Accessory outdoor bar counter.
   3. For properties located within the Palm View and West Avenue corridors, (MAP EXHIBIT-6):
      1. hostels; and
      2. hotels apartment-hotels, except to the extent preempted by F.S. § 509.032(7), and unless they are a legal conforming use. Properties that voluntarily cease to operate as a hotel for a consecutive three-year period shall not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence.
5. ​​​Hours for the sale and consumption of alcoholic beverages.
   1. ​​​West Avenue. As applicable to alcoholic beverage establishments between Biscayne Bay on the west, the Lincoln Road right-of-way on the north, Alton Court on the east, and the southern boundary of properties fronting 8th Street on the south, alcoholic beverages shall not be offered for sale or on-premises consumption indoors between the hours of 2:00a.m. and 8:00 a.m. each night, or outdoors between the hours of 12:00a.m. and 8:00a.m. each night, notwithstanding sections 2.4.3 or 2.12.5 of this Code. For purposes of this section, the term "outdoors" shall mean any area of an alcoholic beverage establishment that is not completely enclosed and located entirely within a building. Any operable windows or doors shall remain closed at all times, except for purposes of ingress and egress.
   2. Determination of vested rights. The owner or operator of any alcoholic beverage establishment claiming a vested right to conduct alcohol sales for on-premises consumption for hours greater that the hours permitted under subsection (e)(1) may so operate only after applying for a determmination of its vested right(s) and having those rights confirmed by the chief special magistrate as follows:
      1. Appointment; qualifications; term. The chief special magistrate shall adjudicate applications for determinations of vested rights under this subsection (e)(2). The special magistrate shall be an attorney in good standing with the Florida Bar, with expertise in the areas of local government law, business licensing, vested rights, and/or property law.
      2. Filing period. Any application for a determination of vested rights must be filed with the city manager, city attorney, and city clerk no later than October 31, 2024.
      3. Standard for finding of a vested right. A vested right to conduct alcohol sales for on-premises consumption later than the hours prescribed in subsection (e)(1) shall be found to exist only where:
         1. An active order of the Planning Board, an active order of the Board of Adjustment, or other active development order issued by the City, expressly authorizes the alcoholic beverage establishment to conduct alcohol sales for on-premises consumption during specified hours;
         2. In good faith reliance upon such prior order, the applicant has made a substantial change in position or incurred extensive contractual obligations and financial expenses; and
         3. It would be highly inequitable to interfere with the acquired right.
            
            In accordance with Florida law, no right to conduct alcohol sales at certain hours may be determined to have vested as a result of the adoption of an ordinance by the city commission. The chief special magistrate shall dismiss any application that relies solely upon a previously enacted ordinance of the city commission.
      4. Procedure. Applications for vested rights determination shall be heard in accordance with the procedures for hearings before the special magistrate specified in Chapter 30 of the City Code except that;
         1. Applications for a vested rights determination shall be made in writing and filed with the city manager, city attorney, and city clerk.
         2. At a minimum, applications shall;
            1. Identify all prior orders from which the alleged vested right arises;
            2. Include a copy of each such prior order;
            3. Specify how the adoption of this ordinance adversely affected the alleged vested right including how the standard in subsection (e)(2)(C) is satisfied;
            4. Specify the applicant's requested relief; and
            5. Be sworn to by the applicant.
         3. The signature of the applicant or the applicant's attorney shall constitute a certificate that the person signing has read the applicant's written submissions and, to the best of their knowledge, the application is made in good faith and not for purposes of delay. The applicant or its attorney shall have a continuing obligation to correct any statement or representation found to have been incurred when made or which becomes incorrect by virtue of changed circumstances. If a claim of taking or abrogation of vested rights is; (1) based upon facts that the claimant or the attorney for the claimant knew or should have known were not true; or (2) frivolous or filed solely for the purpose of delay, the chief special magistrate shall make such findings in writing and deny the application.
         4. The city clerk shall acknowledge receipt of an application for vested rights within three business days of receipt of the application, and shall promptly schedule a hearing before the chief special magistrate.
         5. Effect of filing application for vested rights determination. During the pendency of an application for a vested rights determination, the applicant shall comply with all requirements of this section. The filing of an application shall not be construed to stay enforcement of this section against the applicant.
      5. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the special magistrate to the circuit court by petition for writ of certiorari, pursuant to the Florida Rules of Appellate Procedure.

1. The development regulations in the RM-2 residential multifamily, medium intensity district are as follows:

2. Regulations for New Construction (RM-2)

In the RM-2, residential district, all floors of a building containing parking spaces shall comply with section 7.1.6.

a. For properties that front the west side of Alton Road and the Julia Tuttle Causeway (RM-2)

The following regulations shall apply to properties that front the west side of Alton Road and that front 41st Street/Interstate 195 (MAP EXHIBIT-12). In the event of a conflict within this division, the following regulations shall control:

1. The setback requirements shall be as follows:

2. The regulations for new construction provided in section 7.2.5.3.b shall only apply to the eastern frontage of a building, along Alton Road. However, the requirement provided in section 7.1.6.2.b.1. for the eastern frontage along Alton Road shall not apply to a structure that is set back 50 feet or more from Alton Road.

The regulations set forth in this section shall only apply to those properties that are larger than 60,000 square feet in size as of the effective date of the ordinance codified in this section.

1. Location and Purpose (Mid Beach Residential Incentive Area - RM-2)
   The following regulations shall apply to properties that front Collins Avenue between 47th Street on the south and 63rd Street on the north. The purpose of the overlay shall be to incentivize the development of non-transient residential uses.
2. Development Regulations (Mid Beach Residential Use Incentive Area (RM-2)
   For developments that comply with the requirements for "Residential Use Incentives" in section 7.1.11 of the Resiliency Code, the following regulations shall apply:

   DEVELOPMENT REGULATIONS TABLE:
   Maximum FAR	2.3
   BUILDING HEIGHT
   Maximum Height	75
   Historic District	65
   For properties outside a local historic district with a ground level consisting of non-habitable parking and/or amenity uses	80

The RM-3 residential multifamily, high intensity district is designed for high intensity multiple-family residences and hotels.

1. Supplemental Main permitted uses Regulations (RM-3)
   The supplemental main permitted uses are as follows:
   1. hotels, hostels, and suite hotels (pursuant to sections 2.7.2, which requires a Commission warrant, and 7.5.4.5).
   2. Qualifying educational facilities shall be eligible for the School Use Incentives as identified in section 7.1.13 of these land development regulations.
2. Supplemental Conditional uses Regulations (RM-3)
   The supplemental conditional uses are as follows:
   1. accessory open air entertainment establishment as set forth in section 7.5.5.4 of this chapter.
3. Supplemental Accessory uses Regulations (RM-3)
   The supplemental accessory uses are as follows:
   1. Those uses permitted in section 7.5.4.13.
   2. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 of the General Ordinances.
   3. Accessory outdoor bar counters, pursuant to the regulations set forth in chapter 6 of the General Ordinances, provided that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which is located on a property that is abutting a property with an apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
   4. Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor bar counter, notwithstanding the above restriction on the hours of operation, provided the accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent (20%) of the lot width (50 feet minimum) from any property line adjacent to a property with an apartment unit thereon.
   5. RM-3 properties within the "West Avenue Corridor"(MAP EXHIBIT-1) may not have accessory outdoor entertainment establishments. Notwithstanding the foregoing, a property that had a Legal Conforming Use as of May 28, 2013, shall have the right to apply for and receive special event permits that contain entertainment uses.
   6. Kennels shall only be for animals belonging to building residents only, and would not be a general boarding facility for people who do not reside in the building.
   7. Entertainment uses shall be subject to the requirements in Section 7.5.5.4.
4. Supplemental Prohibited uses Regulations (RM-3)
   The supplemental prohibited uses are as follows:
   1. Accessory outdoor bar counter, except as provided in section 7.2.6.2.c.3.
   2. For properties located within the Sunset Harbour neighborhood, generally bounded by Purdy Avenue, 20th Street, Alton Road, and Dade Boulevard,
      1. hostels;
   3. for property located within the West Avenue corridor (MAP EXHIBIT-1),
      1. hostels;
      2. apartment hotels, except to the extent preempted by F.S. § 509.032(7), and unless a legal conforming use. Properties that voluntarily cease to operate as a hotel for a consecutive three-year period shall not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to the preceding sentence.
5. ​​​Hours for the sale and consumption of alcoholic beverages.
   1. Upper Collins Avenue. ​​​As applicable to alcoholic beverage establishments between Collins Avenue on the west, 72nd Street on the north, the eastern boundary line of properties fronting the east side of Collins Avenue on the east, and 53rd Street on thesouth, alcoholic beverages shall not be offered for sale or on-premises consumption outdoors between the hours of 12:00a.m. and 8:00a.m. each night, notwithstanding section 2.4.3 or 2.12.5 of this Code. For alcoholic beverage establishment that is not completely enclosed and located entirely within a building. Any operable windows or doors shall remain closed at all times, except for purposes of ingress and egress.
   2. West Avenue. As applicable to alcoholic beverage establishments between Biscayne Bay on the west, 15th Terrace on the north, West Avenue on the east, and 6th Street on the south, alcoholic beverages shall not be offered for sale or on-premises consumption indoors between the hours of 2:00a.m. and 8:00 a.m. each night, or outdoors between the hours of 12:00a.m. and 8:00a.m. each night, notwithstanding sections 2.4.3 or 2.12.5 of this Code. For purposes of this section, the term "outdoors" shall mean any area of an alcoholic beverage establishment that is not completely enclosed and located entirely within a building. Any operable windows or doors shall remain closed at all times, except for purposes of ingress and egress.
   3. Determination of vested rights. The owner or operator of any alcoholic beverage establishment claiming a vested right to conduct alcohol sales for on-premises consumption for hours greater that the hours permitted under subsection (e)(1) may so operate only after applying for a determmination of its vested right(s) and having those rights confirmed by the chief special magistrate as follows:
      1. Appointment; qualifications; term. The chief special magistrate shall adjudicate applications for determinations of vested rights under this subsection (e)(2). The special magistrate shall be an attorney in good standing with the Florida Bar, with expertise in the areas of local government law, business licensing, vested rights, and/or property law.
      2. Filing period. Any application for a determination of vested rights must be filed with the city manager, city attorney, and city clerk no later than October 31, 2024.
      3. Standard for finding of a vested right. A vested right to conduct alcohol sales for on-premises consumption later than the hours prescribed in subsection (e)(1) shall be found to exist only where:
         1. An active order of the Planning Board, an active order of the Board of Adjustment, or other active development order issued by the City, expressly authorizes the alcoholic beverage establishment to conduct alcohol sales for on-premises consumption during specified hours;
         2. In good faith reliance upon such prior order, the applicant has made a substantial change in position or incurred extensive contractual obligations and financial expenses; and
         3. It would be highly inequitable to interfere with the acquired right.
            
            In accordance with Florida law, no right to conduct alcohol sales at certain hours may be determined to have vested as a result of the adoption of an ordinance by the city commission. The chief special magistrate shall dismiss any application that relies solely upon a previously enacted ordinance of the city commission.
      4. Procedure. Applications for vested rights determinations shall be heard in accordance with the procedures for hearings before the special magistrate specified in Chapter 30 of the City Code except that;

         1. Applications for a vested rights determination shall be made in writing and filed with the city manager, city attorney, and city clerk.

         2. At a minimum, applications shall;
            1. Identify all prior orders from which the alleged vested right arises;
            2. Include a copy of each such prior order;
            3. Specify how the adoption of this ordinance adversely affected the alleged vested right including how the standard in subsection (e)(2)(C) is satisfied;
            4. Specify the applicant's requested relief; and
            5. Be sworn to by the applicant.
         3. The signature of the applicant or the applicant's attorney shall constitute a certificate that the person signing has read the applicant's written submissions and, to the best of their knowledge, the application is made in good faith and not for purposes of delay. The applicant or its attorney shall have a continuing obligation to correct any statement or representation found to have been incurred when made or which becomes incorrect by virtue of changed circumstances. If a claim of taking or abrogation of vested rights is; (1) based upon facts that the claimant or the attorney for the claimant knew or should have known were not true; or (2) frivolous or filed solely for the purpose of delay, the chief special magistrate shall make such findings in writing and deny the application.
         4. The city clerk shall acknowledge receipt of an application for vested rights within three business days of receipt of the application, and shall promptly schedule a hearing before the chief special magistrate.
         5. Effect of filing application for vested rights determination. During the pendency of an application for a vested rights determination, the applicant shall comply with all requirements of this section. The filing of an application shall not be construed to stay enforcement of this section against the applicant.
      5. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the special magistrate to the circuit court by petition for writ of certiorari, pursuant to the Florida Rules of Appellate Procedure.

1. The development regulations in the RM-3 residential multifamily, medium intensity district are as follows:

   DEVELOPMENT REGULATIONS TABLE (RM-3)
   Maximum FAR
   Lot area equal to or less than 45,000 square feet	2.25 (1) (2)
   Lot area greater than 45,000 square feet	2.75 (1) (2)
   Oceanfront lots with lot area greater than 45,000 square feet	3.0 (1) (2) (11) (12)
   Maximum Density (Dwelling Units per acre)	150 DUA (80% bonus for workforce or affordable units) (11)
   MINIMUM UNIT SIZE (SQUARE FEET)
   Single Family Detached House	1,800 SF (7)
   Apartments/Multi-family Units
   New Construction	550 SF
   Non-elderly and elderly low and moderate income housing	400 SF
   Workforce Housing	400 SF
   Rehabilitated Buildings	400 SF
   Lodging and Hotel Units	335 SF + (8)
   Hotel units within rooftop additions to contributing structures in a historic district and individually designated historic buildings	335 SF
   MINIMUM AVERAGE UNIT SIZE (SQUARE FEET)
   Single Family Detached House	N/A
   Apartments/Multi-family Units
   New Construction	800 SF (9)(10)
   Non-elderly and elderly low and moderate income housing	400 SF (9)(10)
   Workforce Housing	400 SF (9)(10)
   Rehabilitated Buildings	550 SF (9)(10)
   Lodging and Hotel Units	N/A
   LOT OCCUPATION
   Minimum Lot Area (square feet)	7,000 SF
   Minimum Lot Width (feet)	50 feet
   Maximum Lot Coverage (%)	N/A
   BUILDING SETBACKS
   Front Setback Ⓐ	OCEANFRONT	NON-OCEANFRONT
   Subterranean	20 feet 50 feet (For lots A and 1-30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision) (MAP EXHIBIT-4) (11)
   Pedestal
   Tower	20 feet + 1 foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. 50 feet (For lots A and 1-30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision) (MAP EXHIBIT-4) (11)
   Side, Facing a Street Setback Ⓑ	OCEANFRONT	NON-OCEANFRONT
   Subterranean	7.5 feet or 8% of lot width, whichever is greater Sum of the side yards shall equal 16% of lot width Minimum (11)
   Pedestal
   Tower
   Side, Interior Setback Ⓒ	OCEANFRONT	NON-OCEANFRONT
   Subterranean	7.5 feet or 8% of lot width, whichever is greater Sum of the side yards shall equal 16% of lot width Minimum (4)(11)
   Pedestal
   Tower	The required pedestal setback plus 10% of the height of the tower portion of the building. The total required setback shall not exceed 50 feet. (4)(11)
   Rear Setback Ⓓ	OCEANFRONT	NON-OCEANFRONT
   Subterranean	20% of lot depth or 50 feet from the bulkhead line whichever is greater. (4)(11)	10% of lot depth (4)
   Pedestal
   Tower	25% of lot depth or 75 feet minimum from the bulkhead line whichever is greater. (4)(11)	15% of lot depth (4)
   BUILDING HEIGHT
   Maximum Height Ⓔ	150 feet (5) (6)
   Oceanfront lots	200 feet north of 23rd Street; 150 feet south of 23rd Street
   Architectural district, New Construction	120 feet (5)(11)
   Ground floor additions (whether attached or detached) to existing structures on oceanfront lots	50 feet (3)(11)
   (1) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0 (2) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 square feet with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 square feet. (3) Except as provided in section 7.5.2. (4) Notwithstanding the foregoing, rooftop additions to contributing structures in a historic district and individually designated historic district buildings may follow existing nonconforming side, interior pedestal setbacks. (5) Notwithstanding the above, oceanfront lots located in the Miami Beach Architectural District shall be permitted to construct detached additions at a height not to exceed 25 feet and shall have setback requirements as follows: Side, interior: 5 feet. Side, street: 5 feet. Rear: 10 percent (10%) of lot depth or the western edge of the Oceanfront Overlay, whichever is greater. (6) In the Morris Lapidus/Mid-20th Century Historic District the following shall apply: Roof-top additions, whether attached or detached, may follow the established lines of the interior side setbacks of the existing structure on the site, subject to the review of the historic preservation board. (7) Excluding Accessory Building. (8) For contributing hotel structures, located within an individual historic site, a local historic district or a national register district, which are renovated in accordance with the Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic Structures as amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. (9) The number of units may not exceed the maximum density set forth in the comprehensive plan. (10) See section 7.1.5.2 for eligibility for average unit size exception. (11) See section 7.3.11 North Beach Oceanfront Overlay regulations. (12) See section 7.3.12, establishing the Alton Beach Overlay regulations.

   1. Notwithstanding the above, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district, with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for ground floor additions to existing structures, whether attached or detached, shall be as follows:
      1. For existing structures greater than 5 stories in height, the maximum height shall be limited to 10 stories or the height of the roof line of the main structure on site, whichever is less. At the discretion of the historic preservation board, the maximum height of the ground floor addition may exceed 10 stories if the existing and surrounding structures are greater than 5 stories in height, provided the addition is consistent with the scale and massing of the existing structure.
      2. For existing structures 5 stories or less in height, the maximum height shall be limited to 5 stories.
      3. Additionally, the proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board.
   2. Notwithstanding the above, for oceanfront lots with a contributing structure and with no frontage on Collins Avenue that are located in the architectural district, the overall height of ground floor additions may exceed 5 stories and 50 feet, but shall not exceed the height of the existing contributing structure plus the height of any rooftop addition approved by the historic preservation board in accordance with section 7.5.2.1.d.5, up to a maximum of 120 feet, if the following conditions are satisfied:
      1. The proposed addition shall not be attached to front or street side elevations, nor along any other principal elevations or facades, as determined by the historic preservation board.
      2. The proposed additions shall not impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board.
   3. Notwithstanding the above, for oceanfront lots located in the architectural district (MAP EXHIBIT-2), with a lot area greater than 115,000 square feet, a ground floor addition, whether attached or detached, may exceed 50 feet in height, but shall not exceed 200 feet in height, in accordance with the following provisions:
      1. Placement of the structure. The ground floor addition shall be located internal to the site, and shall be set back a minimum of 100 feet from the front property line, 75 feet from the street side property lines, and 100 feet from the rear (oceanfront) property line.
         Limits on the floorplate of additions exceeding 50 feet in height. The maximum floor plate size for the portion of an addition that exceeds 50 feet in building height is 15,000 square feet per floor, excluding projecting balconies. The historic preservation board may approve an increase in this overall floor plate, up to a maximum of 20,000 square feet per floor, excluding balconies, in accordance with the certificate of appropriateness criteria in chapter 2, article XIII of these land development regulations.
         
2. Regulations for New Construction (RM-3)

In the RM-3, residential district, all floors of a building containing parking spaces shall comply with section 7.1.6

1. Location and Purpose (Mid Beach Residential Incentive Area - RM-3)
   The following regulations shall apply to properties that front Collins Avenue between 47th Street on the south and 63rd Street on the north. The purpose of the overlay shall be to incentive the development of non-transient residential uses.
2. Development Regulations (Mid Beach Residential Incentive Area (RM-3)
   For developments that comply with the requirements for "Residential Use Incentives" in section 7.1.11 of the Resiliency Code, the following regulations shall apply:

   DEVELOPMENT REGULATIONS TABLE
   Maximum FAR
   Lot area equal to or less than 45,000 square feet	2.6
   Lot area greater than 45,000 square feet	3.2
   Oceanfront lots with lot area greater than 45,000 square feet	3.5
   BUILDING HEIGHT
   Maximum Height	170
   Oceanfront Lots	220
   Ground floor additions (whether attached or detached) to existing structures on oceanfront lots	60

   
   

The RM-PRD multifamily, planned residential development district is designed for new construction of low intensity multiple-family planned residential development.

1. Supplemental main permitted uses Regulations (RM-PRD)
   None
2. Supplemental conditional uses Regulations (RM-PRD)
   None
3. Supplemental Accessory uses Regulations (RM-PRD)
   The supplemental accessory uses are as follows:
   1. The accessory uses in the RM-PRD multifamily, planned residential development district are as required in section 7.5.4.13.
   2. The sale of alcoholic beverages as an accessory use to a dining facility within apartment buildings within this district shall be permitted.
4. Supplemental Prohibited Uses Regulations (RM-PRD)
   The supplemental prohibited uses are as follows:
   1. All alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 of the General Ordinances, are prohibited uses.

1. The development regulations in the RM-PRD multifamily, planned residential development district are as follows:
   1. Lots, plots, and parcels of land that were designated RM-PRD under this section on October 1, 1989 (the "parent tract"), whether improved or unimproved or building site, as defined under the land development regulations of this Code, designated by number, letter or other description in a plat of a subdivision, may be further divided or split under this section, as long as all development on the parent tract collectively is in compliance with this section. Such division or split shall be considered to be in compliance with the regulations of this section, and shall not be reviewed under city land development regulations section 2.5.4. Development under this section shall be subject to review under the design review procedures pursuant to section 2.5.3. The design review board, in reviewing projects proposed for this district, shall take into consideration the contextual relationship of existing and approved projects, and the buildout of the remainder of the district. This section shall be retroactive to include all parcels and buildings existing as of March 18, 2003.

This district is designed to provide for low intensity multiple-family planned residential development, with limited accessory commercial use.

1. Supplemental Main permitted uses Regulations (RM-PRD-2)
   The supplemental main permitted uses are as follows:
   1. Single family or townhouse development in accordance with all applicable Master Plans.
2. Supplemental Conditional uses Regulations (RM-PRD-2)
   None
3. Supplemental Accessory uses Regulations (RM-PRD-2)
   The supplemental accessory uses are as follows:
   1. See section 7.5.4.13.
   2. Commercial uses as specified in section 7.2.8.3.f.
   3. Limited accessory ground floor retail and commercial uses shall be allowed as set forth in this section.
4. Supplemental Prohibited uses Regulations (RM-PRD-2)
   The supplemental prohibited uses are:
   1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in General Ordinances, unless otherwise specified.
5. St. Francis Hospital Site Supplemental Uses Regulations
   The supplemental uses for the St. Francis Hospital Site are as follows:
   1. Apartments, For the St. Francis Hospital Site
      1. Building use. Building use shall be primarily residential, with commercial and retail space allowed at ground floor locations. For the St. Francis Hospital site , this commercial and retail space is limited to a total maximum of 1,000 square feet. All such commercial uses shall neither be visible from any public streets nor open to persons other than residents of the proposed development and their guests. No exterior signage shall be permitted. Permitted tenant types are listed below.
         1. Retail uses. Retail space allowed at ground floor shall be limited to the following uses:
            1. art galleries;
            2. bakery;
            3. barber/beauty parlor;
            4. café;
            5. confectionery,
            6. sales of cookies/ice cream;
            7. convenience store;
            8. delicatessen;
            9. dry cleaning (no cleaning on premises);
            10. sales of newspapers, magazines.
         2. Commercial uses. Commercial space allowed at ground floor is limited to:
            1. professional offices, including but not limited to attorney, accountant, architect, etc. Commercial use are limited to the interior of the proposed development.
            2. For the St. Francis Hospital Site, commercial uses are prohibited from direct frontage on 63rd Street.
         3. Existing buildings. Existing buildings may be converted to residential use provided they meet all requirements of the Land Development Regulations of this Code.

DEVELOPMENT REGULATIONS TABLE (RM-PRD-2)
Maximum FAR	1.45
Maximum number of total dwelling units within St. Francis Hospital Site	180
Maximum Density (Dwelling Units per Acre)	25 DUA (80% bonus for workforce or affordable units)
MINIMUM UNIT SIZE (SQUARE FEET)
Townhomes	1,600 SF
Apartments	1,000 SF
MINIMUM AVERAGE UNIT SIZE (SQUARE FEET)
Townhomes	N/A (7)
Apartments	N/A (7)
LOT OCCUPATION
Minimum Lot Area (Acres)	7 Acres
Minimum Lot Width (feet)
Up to 20% of the townhouses	18 feet
Remaining townhouses	24 feet
Maximum Lot Width
Townhouses (feet)	48 feet (2)
Maximum Lot Coverage (% of lot area)	N/A
Open Space (%)	9.5 % (1)
BUILDING SETBACKS	Townhouses	Apartment Buildings
Front Setback	6 feet (3)	20 feet (3)
Side, Facing a Street, Setback	6 feet (3)	20 feet (3)
Side, Interior Setback	0	N/A
Rear Setback	0	N/A
BUILDING HEIGHT	Townhouses	Apartment Buildings
Maximum Number of Stories	3	N/A
Maximum Height (feet)	35 feet (4) (5)	120 feet (6)
Common landscaped areas shall be a minimum of 9.5 percent (9.5%) of the site. A minimum of 50 percent (50%) of total landscaped area shall be retained for passive uses, with the remainder available for active uses. Landscaped areas shall be paved for no more than 10 percent (10%) of their surface. For purposes of this section, the calculation of open space does not include private street rights-of-way. Notwithstanding this limitation, nothing in this section precludes a single owner form purchasing continuous townhouses, with a total lot width in excess of 48 feet, but the living space in such townhouses may not be combined. Setback requirements shall apply to the enclosed portion of the buildings only. Setback requirements do not apply to outbuildings where they front streets. Setbacks on consolidated lots shall apply as in a single lot. Townhouses shall have a setback of 0 feet from at least one side property line. Maximum Height does not apply to chimneys, elevator towers, enclosed stairwells, covered roof terraces, towers (with footprints less than 400 square feet and a height limit of 12 feet above roof high point). Height of existing buildings. For the purposes of architectural enhancement, existing structures as of April 1, 1999, may be increased in height as follows: For the St. Francis Hospital Site : East buildings: The East buildings may be increased by a maximum of 25 feet or two stories above the existing height. Morris Tower building (Northeast building): If the design review board deems that the addition of further height to the Morris Tower building (Northeast building) aesthetically enhances the project, the Morris Tower building (Northeast building) may be increased by a maximum of 25 feet or two stories above the existing height. Such additional floor area shall not exceed 25 percent (25%) of the enclosed floor area immediately one floor below. Newly constructed apartment buildings as of April 1, 1999, shall not exceed the following: For the St. Francis Hospital Site : East of the extension of the centerline of Water View Prado to the southernmost end of Allison Island: 120 feet in height (excluding chimneys and elevator towers) to the cornice. The number of units may not exceed the maximum density set forth in the comprehensive plan.

1. Existing structures (RM-PRD-2)
   For purposes of this section, structures existing as of April 1, 1999, which are demolished subsequently will not be replaced, except as allowed under the provisions of this subdivision.
2. Lot split (RM-PRD-2)
   Lots, plots, and parcels of land under this section, whether improved or unimproved or building site, as defined under the Land Development Regulations of the City Code., designated by number, letter or other description in a plat of a subdivision, may be further divided or split under this section. Such division or split shall be considered to be in compliance with the regulations of this subdivision, and shall not be reviewed under Miami Beach Land Development Regulations section 2.5.4.
3. Master plan approval (RM-PRD-2)
   Development under this Subdivision shall be subject to review under the design review procedures pursuant to section 2.5.3 of this Code. For the St. Francis Hospital Site, development shall be substantially in compliance with the master plan on file with the city planning department, prepared by Duany Plater-Zyberk, which reflects a maximum of 180 allowable residential units.
4. Nonconforming buildings and uses (RM-PRD-2)
   Nonconforming buildings, approved as part of the master site plan, which are damaged, repaired or rehabilitated by more than 50 percent (50%) of the value of the building as determined by the building official pursuant to the standards set forth in the South Florida Building Code may be repaired or rehabilitated if the following conditions are met:
   1. Renovated or repaired units shall meet the minimum floor area as set forth for this zoning district. The number of units in the building shall not be increased.
   2. Such repairs or reconstruction in the damaged or repaired portion of the building shall meet the requirements of the city property maintenance standards, the South Florida Building Code, and fire prevention and safety code.
      
      Buildings considered legally nonconforming will continue to maintain their legal nonconforming status, except that for the St. Francis Hospital Site, office uses in the Morris Tower building (Northeast building) may be allowed for a period of two years after the effective date of this subdivision, after which they are no longer considered legally nonconforming, and shall be converted to residential use.
5. Urban and architecture design guidelines (RM-PRD-2)
   1. Streets.
      1. Alleys. There shall be a continuous network of alleys to the rear of building lots.
      2. Block perimeter. Average perimeter of all blocks shall not exceed 1,200 feet. No block face shall have a length greater than 300 feet without an alley or pedestrian pathway providing through access to another street or alley.
      3. Sidewalks. Sidewalks shall be a minimum of 5 feet wide. Walks adjacent to commercial uses shall be a minimum of 8 feet wide. Free and public use of the sidewalk beyond the right-of-way shall be protected by a public access easement.
      4. Street and garden walls. Streetwalls shall be built on the frontage line or aligned with the building walls.
   2. Utilities. Utilities shall run underground. Utility boxes (transformers, telephone boxes, backflow preventers, etc.) shall be concealed in alleys or other locations.
   3. Common open space.
      1. Lighting. Lighting of rights-of-way and pedestrian public spaces shall be achieved with lamps attached to buildings, landscape lighting, or street lights which shall not exceed 16 feet in height. Other lighting may be used in areas that are primarily for service use and are concealed from public pedestrian spaces.
      2. Plazas. There shall be a minimum of one plaza, whose use is restricted to temporary parking, landscaping, and permanent architecture or water features. Plazas shall have a maximum width to height ratio (width of plaza to height of adjacent building and/or landscaping) of 3 to 1 and shall have continuously defined edges.
      3. View and access. View corridors within site and pedestrian access to the waterfront shall be maintained as per the site plan to be approved by the design review board. Waterfront access shall be continuous and shall be a minimum of 12 feet wide.
      4. Landscaping. Those areas of the development fronting on public streets shall be landscaped.
   4. Buildings.
      1. General.
         1. Principal entry. The principal pedestrian entrance of all buildings (except outbuildings) shall be directly from a public space (street or square).
         2. Setback requirements. All new buildings shall be setback from existing rights of way a minimum of 20 feet.
         3. Special sites. Special sites, which act as the termination of a vista, a gateway, or a leading corner, shall receive architectural treatment recognizing their position.
      2. Townhouses.
         1. Detached accessory structures. One or more accessory structures shall be allowed on each lot. Accessory structures shall not be rentable separate from the main townhome.
         2. Street wall. Townhouses shall have a streetwall built along the unbuilt frontage of a street, minimum 18 inches high and maximum 6 feet high.
         3. Unit entry. Townhouses with the minimum setback shall have their entry set to one side of the facade. This is to preserve the possibility or retrofitting a ramp for wheelchair access. Buildings shall have a first floor front elevation minimum of 18 inches above finished sidewalk grade.
         4. A cornice line shall be used to define the top of the first floor.
      3. Apartments.
         1. Maximum building height. Newly constructed apartment buildings as of April 1, 1999, shall not exceed the following:
            1. For the St. Francis Hospital Site: East of the extension of the centerline of Water View Prado to the southernmost end of Allison Island: 120 feet in height (excluding chimneys and elevator towers) to the cornice.
            2. A cornice or plinth line shall be used to define the top of the building base.
6. Parking Standards (RM-PRD-2)
   1. Parking lots shall be located at the rear or at the side of buildings.
   2. On street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. Attached and detached single family units shall have a minimum of one and a half (1.5) parking spaces. Parking for community related retail and service uses may provide required parking on street or in parking garages accessible within an 800-foot radius of the activity.

The RO residential/office district is designed to accommodate an office corridor or development compatible with the scale of surrounding residential neighborhoods. The development shall be designed to maintain a residential character.

1. Supplemental main permitted uses (RO)
   None
2. Supplemental Conditional Uses Regulations (RO)
   None
3. Supplemental Accessory Uses Regulations (RO)
   The Supplemental Accessory Uses are as follows:
   1. The accessory uses in the RO residential/office district are those uses customarily associated with the district purpose. See section 7.5.4.13.
4. Supplemental Prohibited Uses Regulations (RO)
   The Supplemental Prohibited Uses Regulations are as follows :
   1. Alcoholic beverage establishments pursuant to the regulations set forth in chapter 6 in General Ordinances, are a prohibited use. Notwithstanding the foregoing, alcohol sales may be permitted for existing cafes meeting the criteria set forth in section 2.12.5.d.
   2. All uses not listed as a main permitted or conditional use are also prohibited, unless otherwise specified.

1. The development regulations in the RO residential/office district are as follows:

b. Design Review (RO)

1. All construction or rehabilitation shall be approved under design review procedures as set forth in section 2.5.3.

The CD-1 commercial, low intensity district is a retail sales, personal services, shopping district, designed to provide service to surrounding residential neighborhoods.

1. Supplemental Main permitted Uses Regulations (CD-1)
   The supplemental main permitted uses are as follows:
   1. Bed and breakfast inn (pursuant to section 7.5.5.5)
   2. Alcoholic beverages establishments pursuant to the regulations set forth in chapter 6 in General Ordinances.
   3. Alcoholic beverage establishments located in the following geographic areas within the CD-1 commercial, low intensity district shall be subject to the additional requirements set forth in section 7.2.10.2.e:
      1. Alton Road corridor: Between the west side of Alton Road and the east side of Alton Court, between 11th Street and 14th Street. (MAP EXHIBIT-1)
      2. 41st Street corridor. Areas adjacent to the CD-3 zoning district along the 41st Street corridor, between 40th Street and 41st Street, and between Alton Road and the Indian Creek waterway. (MAP EXHIBIT-2)
   4. Qualifying educational facilities shall be eligible for the School Use Incentives as identified in section 7.1.13 of these land development regulations.
2. Supplemental Conditional Uses Regulations (CD-1)
   The supplemental conditional uses are as follows:
   1. Assisted Living and Medical Uses (Pursuant to section 7.5.5.1)
   2. Storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 7.5.4.3.
   3. Alcoholic beverage establishments located in the following geographic areas within the CD-1 commercial, low intensity district shall be subject to the additional requirements set forth in section 7.2.10.2.e:
      1. Alton Road corridor. Between the west side of Alton Road and the east side of Alton Court, between 11^th Street and 14^th Street. (MAP EXHIBIT-1)
      2. 41st Street corridor. Areas adjacent to the CD-3 zoning district along the 41st Street corridor, between 40^th Street and 41^st Street, and between Alton Road and the Indian Creek waterway. (MAP EXHIBIT-2)
3. Supplemental Accessory uses Regulations (CD-1)
   The supplemental accessory uses are as follows:
   1. The accessory uses in the CD-1 commercial, low intensity district are as required in section 7.5.4.13.
   2. Alcoholic beverage establishments alcoholic beverage establishments located in the following geographic areas within the CD-1 commercial, low intensity district shall be subject to the additional requirements set forth in section 7.2.10.2.e:
      1. Alton Road corridor. Between the west side of Alton Road and the east side of Alton Court, between 11^th Street and 14^th Street. (MAP EXHIBIT-1)
      2. 41st Street corridor. Areas adjacent to the CD-3 zoning district along the 41^st Street corridor, between 40^th Street and 41^st Street, and between Alton Road and the Indian Creek waterway. (MAP EXHIBIT-2)
4. Supplemental Prohibited uses Regulations (CD-1)
   The supplemental prohibited uses are as follows:
   1. Except as otherwise provided in these land development regulations, prohibited uses in the CD-1 commercial low intensity district along the Alton Road corridor, generally bounded by West Avenue, Michigan Avenue, 5th Street, and 20th Street include package liquor stores.
5. Supplemental Special Regulations for Alcoholic beverage establishments (CD-1)
   The following additional regulations shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located on the west side of Alton Road and east of Alton Court, between 11^th Street and 14^th Street: (MAP EXHIBIT-1)
   1. Operations shall cease no later than 2:00 a.m.
   2. Establishments with sidewalk café permits shall comply with section 82-366 et seq. in the General Ordinances and shall not be permitted to have outdoor speakers.
   3. Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and shall only be permitted to have ambient, background music.
   4. Entertainment establishments shall be required to obtain conditional use approval from the planning board, in accordance with the requirements and procedures of section 2.5.2. Additionally, if approved as a conditional use, entertainment establishments shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emergency exits.
   5. Outdoor bar counters shall be prohibited.
   6. No special event permits shall be issued.
   7. This section 7.2.10.2.e.1. shall not apply to any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that (i) is in application status prior to April 14, 2016; or (ii) issued prior to May 21, 2016; or (iii) to an establishment that has obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order is active and has not expired, prior to May 21, 2016. Any increase to the approved hours of operation shall meet the requirements of this section.
6. The following additional regulations shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located in areas adjacent to the CD-3 zoning district along the 41^st Street corridor, between 40^th Street and 41st Street, and between Alton Road and the Indian Creek waterway: (MAP EXHIBIT-2)
   1. Operations shall cease no later than 2:00 a.m.
   2. Alcoholic beverage establishments with sidewalk café permits shall comply with section 82-366 et seq. in the General Ordinances and shall not be permitted to have outdoor speakers.
   3. Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and shall only be permitted to have ambient, background music.
   4. Entertainment establishments shall be required to obtain conditional use approval from the planning board, in accordance with the requirements and procedures in section 2.5.2. Additionally, if approved as a conditional use, entertainment establishments shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emergency exits.
   5. Outdoor bar counters shall be prohibited.
   6. No special event permits shall be issued to alcoholic beverage establishments.
   7. The provisions of this section 7.2.10.2.e.2. shall not apply to any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that was issued prior to August 23, 2016, or to an establishment that has obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order is active and has not expired, prior to August 23, 2016. Any increase to the approved hours of operation shall meet the requirements of this section.

a. The development regulations in the CD-1 commercial, low intensity district are as follows:

1. The tower setback shall not be less than the pedestal setback.
2. Parking lots and garages: If located on the same lot as the main structure the setbacks below shall apply. If primary use the setbacks are listed in section 7.5.3.2.n.

b. Regulations for New Construction

In the CD-1 district, all floors of a building containing parking spaces shall comply with section 7.1.6

The CD-2 commercial, medium intensity district provides for commercial activities, services, offices and related activities which serve the entire city.

1. Supplemental Main Permitted Uses Regulations (CD-2)
   The supplemental main permitted uses are as follows:
   1. Apartment hotels, hotels, hostels, and suite hotels (pursuant to sections 2.7.2 which requires a Commission warrant, and 7.5.4.5)
   2. Alcoholic beverages establishments pursuant to the regulations set forth in chapter 6 of the General Ordinances;
   3. Alcoholic beverage establishments located in the following geographic areas within the CD-2 commercial, medium intensity district shall be subject to the additional requirements set forth in section 7.2.11.2.e:
      1. Alton Road corridor. Properties on the west side of Alton Road and east of Alton Court, between 5th Street and 11th Street, and between 14th Street and Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton Road. (MAP EXHIBIT-1)
      2. Sunset Harbour neighborhood. The geographic area generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. (MAP EXHIBIT-2)
   4. Entertainment uses shall be subject to the requirements in section 7.5.5.4.
   5. Qualifying educational facilities shall be eligible for the School Use Incentives as identified in section 7.1.13 of these land development requlations.
2. Supplemental Conditional Uses Regulations (CD-2)
   The supplemental conditional uses are as follows:
   1. Neighborhood impact establishment; however, for properties that front Washington Avenue from 6th Street to 16th Street or properties containing a contributing structure and located in the Espanola Way Local Historic District (MAP EXHIBIT-3), a restaurant supper club may have entertainment without obtaining conditional use approval, subject to the following additional requirements:
      1. Entertainment shall be restricted to an interior enclosed area; and
      2. Occupancy shall not exceed 299 persons
   2. Storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 7.5.4.3.
   3. Sunset Harbour neighborhood. The conditional uses for the Sunset Harbour neighborhood, generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south (MAP EXHIBIT-2), shall include those conditional uses listed on the Uses Table in section 7.2.11.2, but shall exclude:
      1. pawnshops,
      2. outdoor entertainment establishments,
      3. neighborhood impact establishments, and
      4. open air entertainment establishments, as these specific uses are prohibited in the Sunset Harbour neighborhood pursuant to section 7.2.11.2.d.
         The following additional uses shall require conditional use approval in the Sunset Harbour neighborhood:
         1. Main use parking garages.
         2. Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the fire marshal) in excess of 125 persons.
         3. Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) in excess of 3,500 square feet of floor area, up to a maximum occupancy content of 299 persons (as determined by the fire marshal) and a maximum of 199 indoor seats.
         4. Liquor Stores
   4. North Beach neighborhood. All conditional uses shall comply with the conditional use criteria in section 2.5.2.2. The conditional uses for the North Beach neighborhood (located north of 65th Street) shall include those listed on the Table in section 7.2.11.2, and shall also include the following:
      1. Alcoholic beverage establishments (not also operating as a full restaurant with a full kitchen, serving full meals);
      2. Dance halls; and
      3. Entertainment establishments.
   5. South Alton Road corridor. All conditional uses shall comply with the conditional use criteria in section 2.5.2.2. The conditional uses for the South Alton Road corridor, which includes properties located along Alton Road between 6th and 11th Street (MAP EXHIBIT-4), shall include those listed on the Table in section 7.2.11.2, and shall also include the following:
      1. Self storage warehouse, provided the minimum distance separation between self-storage warehouses shall be 300 feet and self-storage warehouses shall follow the development regulations for "self-storage warehouse" in section 7.2.11.2.d and setback requirements in section 7.2.11.3.a.
   6. Additional requirements. Alcoholic beverage establishments located in the following geographic areas within the CD-2 commercial, medium intensity district shall be subject to the additional requirements set forth in section 7.2.11.2.e:
      1. Alton Road corridor. Properties on the west side of Alton Road and east of Alton Court, between 5th Street and 11th Street, and between 14th Street and Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street (MAP EXHIBIT-1), except alcoholic beverage establishments fronting Lincoln Road between West Avenue, and Alton Road.
      2. Sunset Harbour neighborhood. The geographic area generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. (MAP EXHIBIT-2)
3. Supplemental Accessory Uses Regulations (CD-2)
   The supplemental accessory uses are as follows:
   1. As required in section 7.5.4.13.
   2. Accessory outdoor bar counters, provided that the accessory outdoor bar counter is not operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar counter which is located on a property that is abutting a property with an apartment unit, the accessory outdoor bar counter may not be operated or utilized between 8:00 p.m. and 8:00 a.m.
   3. Alcoholic beverage establishments located in the following geographic areas within the CD-2 commercial, medium intensity district shall be subject to the additional requirements set forth in section 7.2.11.2.e:
      1. Alton Road corridor. Properties on the west side of Alton Road and east of Alton Court, between 5th Street and 11th Street, and between 14th Street and Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton Road. (MAP EXHIBIT-1)
      2. Sunset Harbour neighborhood. The geographic area generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. (MAP EXHIBIT-2)​​​​​​
4. Supplemental Prohibited Uses Regulations (CD-2)
   The supplemental prohibited uses are as follows:
   1. Accessory outdoor bar counters, except as provided in section 7.2.11.2.e or in section 7.5.4.13 and in chapter 6 in General Ordinances.
   2. Parking lots or garages when a main permitted use shall not be permitted on lots fronting on Espanola Way.
   3. Except as otherwise provided in these land development regulations, prohibited uses in the CD-2 commercial medium intensity district also include the following:
      1. In the Sunset Harbour Neighborhood, generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard (MAP EXHIBIT-2), prohibited uses also include the following:
         1. Hotels, Apartment Hotels, Suite hotels and Hostels
         2. Outdoor entertainment establishments;
         3. Neighborhood impact establishments;
         4. Open air entertainment establishments;
         5. Bars;
         6. Dance halls;
         7. Entertainment establishments (as defined in section 1.2.2 of this Code);
         8. Pawnshops;
         9. Tobacco and vape dealers;
         10. Check cashing stores;
         11. Convenience stores;
         12. Occult science establishments;
         13. Souvenir and T-shirt shops;
         14. Tattoo studios.
         15. Formula commercial establishment (Limited to the ‘Neighborhood Center’ area and pursuant to section 7.3.9.2)
         16. Formula restaurant (Limited to the ‘Neighborhood Center’ area and pursuant to section 7.3.9.2)
   4. Except as otherwise provided in these land development regulations, prohibited uses along Normandy Drive and 71st Street (MAP EXHIBIT-5) are the following:
      1. Tobacco and vape dealers;
      2. Liquor stores;
      3. Check cashing stores;
      4. Occult science establishments;
      5. Tattoo studios.
   5. Except as otherwise provided in these land development regulations, prohibited uses in the CD-2 commercial medium intensity district along the Alton Road corridor, generally bounded by West Avenue, Michigan Avenue, 5th Street, and 20th Street include the following:
      1. Package liquor stores.
5. Special regulations for alcohol beverage establishments (CD-2)
   1. Alton Road corridor. The following additional requirements shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located on the west side of Alton Road and east of Alton Court, between 5th Street and 11th Street, and between 14th Street and Collins Canal; and properties on the east side of West Avenue, between Lincoln Road and 17th Street, except alcoholic beverage establishments fronting Lincoln Road between West Avenue and Alton Road (MAP EXHIBIT-1):
      1. Operations shall cease no later than 2:00 a.m.
      2. Establishments with sidewalk cafe permits shall comply with section 82-366 et seq. in the General Ordinances and shall not be permitted to have outdoor speakers.
      3. Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and shall only be permitted to have ambient, background music.
      4. Entertainment establishments shall be required to obtain conditional use approval from the planning board, in accordance with the requirements and procedures of section 2.5.2. Additionally, if approved as a conditional use, entertainment establishments shall be required to install a double door vestibule at all access points from the sidewalk, with the exception of emergency exits.
      5. Outdoor bar counters shall be prohibited.
      6. No special event permits shall be issued.
      7. This section 7.2.11.2.e.1. above shall not apply to any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that (i) is in application status prior to April 14, 2015; or (ii) issued prior to May 21, 2015; or (iii) to an establishment that has obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order is active and has not expired, prior to May 21, 2015. Any increase to the approved hours of operation shall meet the requirements of this section 7.2.11.2.e.1.
      8. Notwithstanding the foregoing, for properties located between 16th Street and Collins Canal, outdoor motion picture theaters with accessory outdoor bar counters may be permitted, including on rooftops, subject to conditional use approval pursuant to section 2.5.2, and subject to the following operational limitations:
         1. The outdoor motion picture theater use shall front on Alton Road.
         2. No television, radio, and/or recorded background music may exceed an ambient volume level (i.e. a volume that does not interfere with normal conversation). On rooftops, audio from motion picture presentations shall only be delivered to patrons through individually worn headphones.
         3. Movie projectors and related equipment, as well as all theater screens or displays, shall be oriented away from immediately neighboring residential areas, and projections may not be substantially visible from the right-of-way. The projection system shall be designed so as not to negatively impact adjacent residential areas.
         4. Outdoor motion picture theaters shall be limited to no more than one (1) screen or display per establishment.
         5. Outdoor motion picture theaters shall commence operations no earlier than 4:30 p.m. and shall cease operations no later than 12:00 a.m. on weekdays and 1:00 a.m. on weekends. Any accessory bar counter shall commence operations no earlier than 4:30 p.m. and shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends. The accessory bar counter may be open and operational only during times when the theater use is operational.
         6. Outdoor motion picture theaters shall have no more than three (3) movie showings per night.
         7. Any outdoor bar counter shall be located away from immediately neighboring residential areas and shall not be substantially visible from the right-of-way.
         8. The area surrounding any bar counter in which alcoholic beverages may be served shall be segregated to comply with the applicable requirements of chapter 6 in General Ordinances, and, additionally, this bar area, as well as any area that allows for the congregation of non-seated patrons, shall incorporate sound attenuation devices in order to reduce the level of noise. Such sound attenuation devices must be submitted as part of a sound study prepared by a licensed acoustical engineer, peer reviewed, and presented to the planning board as part of the review of the CUP application. The sound study shall include methods of absorbing and or re-directing sound and noise generated by ambient music and patron conversation.
         9. Theater seats shall be required at all times and shall not be removed from the movie viewing areas during all times the business is open. This shall not preclude the temporary removal of seats for cleaning and maintenance purposes.
   2. Sunset Harbour neighborhood. The following additional requirements shall apply to alcoholic beverage establishments, whether as a main use, conditional use, or accessory use, that are located in the Sunset Harbour neighborhood, which is generally bounded by Purdy Avenue to the west, 20th Street and the waterway to the north, Alton Road to the east, and Dade Boulevard to the south. (MAP EXHIBIT-2)
      1. Operations shall cease no later than 2:00 a.m., except that outdoor operations (including sidewalk cafe operations) shall cease no later than 12:00 a.m.
      2. Alcoholic beverage establishments may not operate any outside dining areas or accessory bar counters above the ground floor of the building in which they are located; however, outdoor restaurant seating, associated with indoor venues, not exceeding 40 seats, may be permitted above the ground floor until 8:00 p.m. Notwithstanding the foregoing. the provisions of this section 7.2.11.2.e.2.B shall not apply to the following:
         1. As it pertains to outside dining areas only, but not outdoor bar counters (which are prohibited), restautrants that front Alton Road and are located south of 18th Street, provided the total number of outdoor dining seasts located above the ground floor, which must be associated with an indoor restaurant, shall not exceed 100 seats. Additionally, the combined total number of seats within the outdoor and indoor portions of restaturants above the ground floor shall not exceed 240 seats.
         2. Any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that was issued prior to August 23, 2016, or to a proposed establishment that has submitted a completed application for an alcoholic beverage establishment to a land use board prior to August 23, 2016, or to an establishment that has obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order is active and has not expired, prior to August 23, 2016.
      3. Except as may be required by any applicable fire prevention code or building code, outdoor speakers shall not be permitted. Notwithstanding the foregoing. the provisions of this section 7.2.11.2.e.2.B shall not apply to any valid, pre-existing permitted use with a valid business tax receipt (BTR) for an alcoholic beverage establishment that was issued prior to August 23, 2016, or to a proposed establishment that has submitted a completed application for an alcoholic beverage establishment to a land use board prior to August 23, 2016, or to an establishment that has obtained approval for an alcoholic beverage establishment from a land use board, and which land use board order is active and has not expired, prior to August 23, 2016.
         1. Special events shall not be permitted in any alcoholic beverage establishment.
   3. ​​​East side of Alton Road.As applicable to alcoholic beverage establishments between Alton Road on the west, the southern boundary of properties fronting Lincoln Road on the north, Lenox Court on the east, and 6th Street on the south, alcoholic beverages shall not be offered for sale or on-premises consumption indoors between the hours of 2:00a.m. and 8:00 a.m. each night, or outdoors between the hours of 12:00a.m. and 8:00a.m. each night. For purposes of this section, the term "outdoors" shall mean any area of an alcoholic beverage establishment that is not completely enclosed and located entirely within a building. Any operable windows or doors shall remain closed at all times, except for purposes of ingress and egress.
      
      The provisions of this paragraph (e)(3) shall not apply to any alcoholic beverage establishment with a valid business tax receipt (BTR) or an approved land use board order for an alcoholic beverage establishment that is issued prior to October 31, 2023.
   4. Determination of vested rights. The owner or operator of any alcoholic beverage establishment claiming a vested right to conduct alcohol sales for on-premises consumption for hours greater that the hours permitted under subsection (e)(3) may so operate only after applying for a determmination of its vested right(s) and having those rights confirmed by the chief special magistrate as follows:
      1. Appointment; qualifications; term. The chief special magistrate shall adjudicate applications for determinations of vested rights under this subsection (e)(4). The special magistrate shall be an attorney in good standing with the Florida Bar, with expertise in the areas of local government law, business licensing, vested rights, and/or property law.
      2. Filing period. Any application for a determination of vested rights must be filed with the city manager, city attorney, and city clerk no later than October 31, 2024.
      3. Standard for finding of a vested right. A vested right to conduct alcohol sales for on-premises consumption later than the hours prescribed in subsection (e)(3) shall be found to exist only where:
         1. An active order of the Planning Board, an active order of the Board of Adjustment, or other active development order issued by the City, expressly authorizes the alcoholic beverage establishment to conduct alcohol sales for on-premises consumption during specified hours;
         2. In good faith reliance upon such prior order, the applicant has made a substantial change in position or incurred extensive contractual obligations and financial expenses; and
         3. It would be highly inequitable to interfere with the acquired right.
            
            In accordance with Florida law, no right to conduct alcohol sales at certain hours may be determined to have vested as a result of the adoption of an ordinance by the city commission. The chief special magistrate shall dismiss any application that relies solely upon a previously enacted ordinance of the city commission.
      4. Procedure. Applications for vested rights determination shall be heard in accordance with the procedures for hearings before the special magistrate specified in Chapter 30 of the City Code except that;

         1. Applications for a vested rights determination shall be made in writing and filed with the city manager, city attorney, and city clerk.

         2. At a minimum, applications shall;
            1. Identify all prior orders from which the alleged vested right arises;
            2. Include a copy of each such prior order;
            3. Specify how the adoption of this ordinance adversely affected the alleged vested right including how the standard in subsection (e)(2)(C) is satisfied;
            4. Specify the applicant's requested relief; and
            5. Be sworn to by the applicant.
         3. The signature of the applicant or the applicant's attorney shall constitute a certificate that the person signing has read the applicant's written submissions and, to the best of their knowledge, the application is made in good faith and not for purposes of delay. The applicant or its attorney shall have a continuing obligation to correct any statement or representation found to have been incurred when made or which becomes incorrect by virtue of changed circumstances. If a claim of taking or abrogation of vested rights is; (1) based upon facts that the claimant or the attorney fo the claimant knew or should have known were not true; or (2) frivolous or filed solely for the purpose of delay, the chief special magistrate shall make such findings in writing and deny the application.
         4. The city clerk shall acknowledge receipt of an application for vested rights within three business days of receipt of the application, and shall promptly schedule a hearing before the chief special magistrate.
         5. Effect of filing application for vested rights determination. During the pendency of an application for a vested rights determination, the applicant shall comply with all requirements of this section. The filing of an application shall not be construed to stay enforcement of this section against the applicant.
      5. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the special magistrate to the circuit court by petition for writ of certiorari, pursuant to the Florida Rules of Appellate Procedure.

a. The development regulations in the CD-2 commercial, medium intensity district are as follows:

1. The tower setback shall not be less than the pedestal setback.
2. Parking lots and garages: If located on the same lot as the main structure the setbacks below shall apply. If primary use the setbacks are listed in section 7.5.3.2.n.

b. Regulations for New Construction

1. In the CD-2 district, all floors of a building containing parking spaces shall comply with section 7.1.6.
2. In the CD-2 district, each side of the first floor frontage of a self-storage warehouse building facing a street or sidewalk, shall include office, retail or commercial uses. Not less than 60 percent (60%) of each street frontage shall consist of office, retail or commercial uses, and the remaining portion of each street front shall consist of noncommercial, recessed display areas or similar treatment. The design review board or historic preservation board, as applicable, may permit a lesser amount of office, retail or commercial frontage, if it is determined that site conditions warrant a reduction. In the event a lesser portion of office, retail or commercial space is permitted, the remaining portion of each street front shall consist of noncommercial, recessed display areas or similar treatment.

1. Location and Purpose (Washington Ave – CD-2)
   The following regulations shall apply to properties that front Washington Avenue between 6th Street and 16th Street (MAP EXHIBIT-3).
2. Development Regulations (Washington Ave – CD-2)
   The following regulations shall apply to properties that front Washington Avenue between 6th Street and 16th Street, referred to herein as "North Washington Avenue, " (MAP EXHIBIT-3); in the event of a conflict within this division, the regulations below shall apply:

   DEVELOPMENT REGULATIONS TABLE (WASHINGTON AVE - CD-2)
   Maximum FAR	1.5
   Maximum Density (Dwelling Units Per Acre)	100 DUA
   Minimum and minimum average Unit Size (square feet)	See section 7.2.11.3.a
   Supplemental Minimum Unit Size	See section 7.2.11.5.c. below.
   LOT OCCUPATION
   Minimum Lot Area (square feet)	None
   Minimum Lot Width (feet)	None
   Maximum Lot Coverage (% of lot area)	None
   BUILDING SETBACKS	Lots with frontage equal or less than 100 feet (Pursuant to section 7.2.11.3.a)
   BUILDING SETBACKS	Lots with frontage greater than 100 feet
   Front Setback Ⓐ
   Subterranean	0 feet
   Ground Level	0 feet (See section 7.1.2.2)
   Above the ground level up to 35 feet in height	5 feet min (for parking garages with liners) 10 feet min (for parking garages without liners) 15 feet min (for all other uses)
   Above 35 feet in height up to 75 feet	5 feet min (for parking garages with liners) 10 feet min (for parking garages without liners) 30 feet min (for all other uses)
   Above 75 feet in height	110 feet
   Side, Facing a Street Setback Ⓑ
   Subterranean	0 feet
   Nonresidential Uses	0 feet (See section 7.1.2.2)
   Residential and Hotel Uses	7.5 feet (See section 7.1.2.2)
   Above 75 feet in height for all uses	45 feet
   Side, Interior Setback Ⓒ
   Subterranean	0 feet
   Nonresidential Uses	0 feet
   Residential and Hotel Uses	7.5 feet or 8% of lot width (whichever is greater, up to 10 feet) 7.5 feet (when abutting a nonresidential or non-hotel use)
   Above 75 feet for all uses	45 feet
   Rear Setback Ⓓ
   Subterranean	0 feet
   Ground Level	0 feet
   Above the Ground Level	10 % of lot depth 0 feet (for parking garage floors above the minimum truck clearance)
   BUILDING HEIGHT
   Maximum Height Ⓔ	55 feet (unless otherwise specified in section 7.2.11.5.c below)
   Lots that have frontage equal to or greater than 200 feet	75 feet
   Main Parking Garages	55 feet (Regardless of frontage)

3. Additional Regulations (Washington Ave – CD-2)
   1. The maximum frontage for nightclubs and dance halls, located at the ground level shall not exceed 25 feet in width unless such a space has a certificate of use for nightclub or dance hall, or unless a valid license was issued after January 1, 2011, and before the date of adoption of the ordinance codified in this section for the use of such space as a nightclub or dance hall.
   2. For lots that have a frontage that is greater than 100 feet, the following shall apply:
      1. Maximum building length. Unless otherwise approved by the historic preservation board at its sole discretion, no plane of a building, above the ground floor façade facing Washington Avenue, shall continue for greater than 100 feet without incorporating an offset of a minimum 5 feet in depth from the setback line. The total offset widths shall total no less than 20 percent (20%) of the entire building frontage.
      2. Physical separation between buildings. Unless otherwise approved by the historic preservation board at its sole discretion, a physical separation must be provided between buildings greater than 200 feet in length and at/or above 35 feet in height from the ground floor. Notwithstanding the foregoing, for building sites with a lot frontage in excess of 500 feet, no physical separation is required if:
         1. the length of the building at/or above 35 feet in height from the ground floor does not exceed 50 percent (50%) of the length of the frontage of the property; and
         2. the offsets required in section 7.2.11.5.c.4.A, above, are a minimum of 20 feet in depth from the setback line and the combined offset widths total no less than 30 percent (30%) of the entire building frontage.

1. Location and Purpose (Wolfsonian Arts District- CD-2)
   The following regulations shall apply to properties that front Washington Avenue between 10th Street and 11th Street (MAP EXHIBIT-8).
   The purpose of these regulations is to enrich and sustain a long-standing cultural institution that preserves history and offers educational opportunities to the residents of the city.
2. Development Regulations (Wolfsonian Arts District- CD-2)
   The following regulations shall apply to properties that front Washington Avenue between 10th Street and 11th Street (MAP EXHIBIT-8). In the event of a conflict within this section, the criteria below shall apply:

1. Location and Purpose (Alton Road Gateway Area- CD-2)
   The Alton Road Gateway Area incorporates the parcels in the area bounded by 8th Street on the north, Alton Road on the east, 5th Street/MacArthur Causeway/SR A1A on the south, and West Avenue on the west; excluding lots 15 through 22 of the Amended Fleetwood Subdivision, according to the plat thereof recorded in Plat Book 28, page 34 (MAP EXHIBIT-9), of the Public Records of Miami-Dade County, Florida.
2. Development Regulations (Alton Road Gateway Area- CD-2)
   The following regulations shall apply to properties in the Alton Road Gateway Area (MAP EXHIBIT-9).

   DEVELOPMENT REGULATIONS TABLE (ALTON ROAD GATEWAY AREA - CD-2)
   Maximum FAR	1.5 (2)
   Mixed Use Buildings (When more than 25 percent (25%) of the total area of a building is used for residential or hotel units )	2.0
   Maximum Density (Dwelling Units Per Acre)	100 DUA
   Minimum and minimum average Unit Size (square feet)	See section 7.2.11.3.a
   LOT OCCUPATION
   Minimum Lot Area (square feet)	None
   Minimum Lot Width (feet)	None
   Maximum Lot Coverage (% of lot area)	None
   BUILDING SETBACKS
   Front Setback
   Alton Road	10 feet 0 feet (for elevated open walkways)
   West Avenue	20 feet 0 feet (for elevated open walkways)
   5th Street / Mac Arthur Causeway	17 feet 0 feet (for elevated open walkways)
   Side, Facing a Street Setback
   Subterranean	0 feet 10 feet (when abutting a residential district, separated by a street or waterway) 5 feet (Self Storage Warehouse)
   Pedestal
   Tower
   Side, Interior Setback
   Subterranean	0 feet (3) 10 feet (when abutting a residential district) (3) 7.5 feet or 8 percent (8%) of the lot width, whichever is greater (Self-Storage Warehouse)
   Pedestal
   Tower
   Rear Setback
   Subterranean	5 feet (3) 10 feet (when abutting a residential district) (3) 0 feet (abutting a residential district separated by a street or waterway (3) 25 feet (Self-storage Warehouse (for lots with a rear property line abutting a residential district)) 7.5 feet (Self-storage Warehouse (for lots with a rear property line abutting an alley))
   Pedestal
   Tower
   BUILDING HEIGHT
   Maximum Height
   Main Use Residential	60 feet (1)
   Non-Residential	40 feet (1)
   (1) Height shall be measured from the base flood elevation, plus freeboard, provided that the height of the first floor shall be tall enough to allow the first floor to eventually be elevated to base flood elevation, plus freeboard, with a future minimum interior height of at least 14 feet as measured from the height of the future elevated adjacent right-of-way as provided under the city's public works manual. (2) Notwithstanding the above regulations, the maximum floor area ratio (FAR) for self-storage warehouses shall be 1.5. The floor area ratio provision for mixed use buildings on this table shall not apply to self-storage warehouse development. (3) Notwithstanding the foregoing, rooftop additions to contributing structures in a historic district and individually designated historic buildings may follow existing nonconforming side and rear pedestal setbacks.

3. Additional Regulations (Alton Road Gateway Area- CD-2)
   1. Clear pedestrian path. A "clear pedestrian path," free from obstructions including, but not limited to, outdoor cafes, sidewalk cafes, landscaping, signage, utilities, and lighting, shall be maintained along all frontages as follows:
      1. The clear pedestrian path may only utilize public sidewalk and setback areas. The clear pedestrian path shall be a minimum of 10 feet wide, except along the portions of West Avenue, Alton Road, and 5th Street/MacArthur Causeway south of 6th Street, where it shall be a minimum of 5 feet wide. The clear pedestrian path may be reduced by up to 5 feet for the sole purpose of accommodating the trunk diameter of canopy street trees when adjacent to a building.
      2. Pedestrians shall have 24-hour access to "clear pedestrian paths."
      3. Clear pedestrian paths shall be well lit and consistent with the city's lighting policies.
      4. Clear pedestrian paths shall be designed as an extension of the adjacent public sidewalk.
      5. Clear pedestrian paths shall be delineated by in-ground markers that are flush with the path, differing pavement tones, pavement type, or other method to be approved by the planning director.
      6. An easement to the city providing for perpetual public access shall be provided for portions of clear pedestrian paths that fall within the setback area.
   2. Floor plate. The maximum floor plate size for the tower portion of a residential building is 17,500 square feet, including projecting balconies, per floor.
   3. Residential buildings containing parking. Main use residential buildings containing parking, are not required to provide residential or commercial uses at the first level along every façade facing a street or sidewalk as required in section 7.2.11.3.b.1. However, the first level shall be architecturally treated to conceal parking, loading, and all internal elements, such as plumbing pipes, fans, ducts, and lighting from public view.
   4. Green space. A minimum of three acres of open green space shall be located within the Alton Road Gateway Area (MAP EXHIBIT-9). For purposes of this section, green space shall mean open areas that are free from buildings, structures, pavilions, driveways, parking spaces, and underground structures (except non-habitable utility structures). However, sun shade structures, open on all sides, and elevated pedestrian walks may be permitted. Open green space areas shall consist primarily of landscaped open areas, pedestrian and bicycle pathways, plazas, playgrounds, and other recreational amenities.
4. Supplemental Use Regulations (Alton Road Gateway Area- CD-2)
   1. The following regulations shall apply to the properties located within the Alton Road Gateway Area (MAP EXHIBIT-9); where there is conflict within this section, the regulations below shall apply:
      1. Prohibited uses. In addition to the prohibited uses identified in section 7.2.11.2.d, the following uses shall also be prohibited:
         1. accessory outdoor bar counters,
         2. hostels,
         3. hotels,
         4. apartment hotels,
         5. suite hotels,
         6. outdoor entertainment establishments,
         7. neighborhood impact establishments,
         8. open air entertainment establishments,
         9. bars,
         10. dance halls,
         11. entertainment establishments (as defined in section 1.2.2),
         12. exterior alcoholic beverage service after 12:00 a.m.,
         13. interior alcoholic beverage service after 2:00 a.m.,
         14. liquor stores,
         15. any use selling gasoline,
         16. storage and/or parking of commercial vehicles on site other than the site at which the associated trade or business is located (in accordance with section 7.5.4.3)
         17. pawnshops,
         18. secondhand dealers of precious metals/precious metals dealers,
         19. check cashing stores,
         20. convenience stores,
         21. occult science establishments,
         22. souvenir and t-shirt shops,
         23. tattoo studios, and
         24. tobacco/vape dealers.

1. Location and Purpose (Alton Road Historic District Buffer Overlay-CD-2)
   The purpose of this overlay district is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods, to promote mixed-use development that makes efficient use of parking, to minimize the concentration of impacts from intense retail and restaurant development and to encourage smaller neighborhood-oriented uses.
   1. The regulations of this division shall apply to properties within the following boundaries, which shall be known as the Alton Road - Historic District Buffer Overlay:
      1. Area 1 shall be those properties fronting on the east side of Alton Road from 6th Street to 11th Street. (MAP EXHIBIT-10)
      2. Area 2 shall be those properties fronting on the east side of Alton Road from 14th Street to 15th Street. (MAP EXHIBIT-11)
      3. Area 3 shall be those properties fronting on the east side of Alton Road from 17th Street to the Collins Canal. (MAP EXHIBIT-12)
2. Uses (Alton Road Historic District Buffer Overlay CD-2)
   The following overlay regulations shall apply within the Alton Road - Historic District Buffer Overlay. All development regulations applicable to and/or in the underlying zoning district shall apply, except as follows:
   1. Land use. Main permitted uses, conditional uses and accessory uses shall be permissible as set forth in the CD2 district regulations, with the following exceptions:
      1. Restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor, except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. This subsection shall not apply to such existing and proposed uses in buildings classified as "contributing", and existing in the Flamingo Park Historic District as of the effective date of this section.
      2. Retail uses at any level above the ground or first floor shall not exceed 2,500 square feet per tenant. This subsection shall not apply to buildings classified as "contributing", and existing in the Flamingo Park Historic District as of the effective date of this section.
      3. Any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of 10,000 square feet, inclusive of outdoor seating areas, shall require conditional use approval. This subsection shall not apply to properties containing buildings classified as "contributing" and existing in the Flamingo Park Historic District as of the effective date of this division, provided such property has not been combined or aggregated with adjacent properties. Notwithstanding the foregoing, the regulations in section 7.5.5.4, Entertainment Establishments, shall continue to apply to uses in this overlay district.
      4. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. This subsection shall not apply to properties containing buildings classified as "contributing" and existing in the Flamingo Park Historic District as of the effective date of this division, provided such property, has not been combined or aggregated with adjacent properties; and conditional use approval is obtained to operate between the hours of 8:00 p.m. and 8:00 a.m.
3. Development Regulations (Alton Road Historic District Buffer Overlay CD-2)

   DEVELOPMENT REGULATIONS TABLE (ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY – CD-2)
   Maximum FAR	1.5 (2)
   Mixed Use Buildings (When more than 25 percent (25%) of the total area of a building is used for residential or hotel units)	2.0
   Maximum Density (Dwelling Units Per Acre)	100 DUA
   Minimum and minimum average Unit Size (square feet)	See section 7.2.11.3.a
   LOT OCCUPATION
   Minimum Lot Area (square feet)	None
   Minimum Lot Width (feet)	None
   Maximum Lot Coverage (% of lot area)	N/A
   BUILDING SETBACKS
   Front Setback	5 feet (1) (See section 7.1.2.2)
   Side, Facing a Street Setback	5 feet (1) (See section 7.1.2.2)
   Side, Interior Setback	0 feet (1)
   Rear Setback	7.5 feet (1)
   For lots with a rear property line abutting an RM-1 or an RS-4 district	25 feet (1)
   for lots with a rear property line abutting an alley (Lenox Court)	5 feet (1)
   BUILDING HEIGHT
   Maximum Height	50 feet (3)
   Within 40 feet from the rear property line for lots abutting and alley (Lenox Court)	28 feet (3)
   Within 60 feet from the RM-1 district for blocks with no alley, between 8th Street and 11th Street.	28 feet (3)
   (1) There shall be no variances for building setbacks, except for triangular lots. (2) Notwithstanding the above regulations, the maximum floor area ratio (FAR) for self-storage warehouses shall be 1.5. The floor area ratio provision for mixed use buildings on this table shall not apply to self-storage warehouse development. (3) No variances for building height allowed.

   1. Building separation.
      1. The east and west facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district.
      2. Any building greater than 43 feet in height with a footprint that occupies more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the building above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor.
   2. Contributing buildings. The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road - Historic District Buffer Areas.
      1. Only those portions of a contributing building that were not part of the original structure on the site, or that have not acquired any type of architectural significance, as determined by staff or the historic preservation board, may be issued a Certificate of Appropriateness for demolition.
      2. For contributing buildings or properties, no building or substantially enclosed structure shall be permitted within an existing historic courtyard. For purposes of this subsection, an historic courtyard shall be defined as a grade level space, open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to, paving patterns, fountains, terraces, walkways or landscaping.

1. Location and Purpose (Sunset Harbour - CD-2)
   The Sunset Harbour Neighborhood incorporates the parcels in the area bounded by 20th Street on the north, Alton Road on the east, Dade Boulevard on the south, and Purdy Avenue on the west (MAP EXHIBIT-2).
2. Development Regulations (Sunset Harbour - CD-2)
   The following regulations shall apply to CD-2 properties within the Sunset Harbour Neighborhood (MAP EXHIBIT-2):
   1. Clear pedestrian path. The applicable standards for a "clear pedestrian path" established in section 7.1.2.2.e.2. shall apply to new development, except as follows:
      1. The clear pedestrian path shall be at least 10 feet wide.
      2. The design review board may approve the reduction of the clear pedestrian path requirement to no less than 5 feet in order to accommodate street trees, required utility apparatus, or other street furniture, subject to the design review criteria.
   2. Height. Notwithstanding the requirements of section 7.2.11.3.a, the following maximum building height regulations shall apply to the Sunset Harbour Neighborhood (MAP EXHIBIT-2):
      1. The maximum building height shall be 55 feet, except as noted below.
      2. The design review board may approve development at a maximum building height of 65 feet on the following properties:
         1. Properties fronting Dade Boulevard between Alton Road and Bay Road. (MAP EXHIBIT-13)
         2. Properties fronting Alton Road between 20th Street and Dade Boulevard. (MAP EXHIBIT-14)
         3. Properties fronting Purdy Avenue between 18th Street and Dade Boulevard. (MAP EXHIBIT-15)
      3. The design review board may only approve development at a height greater than 55 feet subject to the design review criteria and the following regulations:
         1. The property shall have a minimum lot size of 10,000 square feet.
         2. The development shall consist solely of office use above the ground level of the structure, and provided that residential uses may be permitted on such properties up to a maximum FAR of 2.0 pursuant to section 7.2.11.3.a (Development Regulations Table: Floor Area Ratio), but only if the first 1.5 FAR of development is dedicated to office use and ground floor commercial use.
         3. The ground floor shall contain retail, personal service, restaurant and similar types of active uses fronting the clear pedestrian path.
         4. Portions of the building exceeding 55 feet in height that abut a residential use shall be set back a minimum of 10 feet from the residential use.
         5. Portions of the building exceeding 55 feet in height that are located on Alton Road shall be set back a minimum of 150 feet from 20th Street.
         6. Portions of the building exceeding 55 feet in height that are located on Dade Boulevard shall be set back a minimum of 100 feet from Bay Road.
         7. Portions of the building exceeding 55 feet in height that are located along 18th Street between Bay Road and Purdy Avenue shall be set back a minimum of 12 feet from the property line.
      4. For developments in the Sunset Harbour neighborhood that (i) consist solely of office use above the ground level of the structure, and (ii) are located on lots with a minimum lot size of 10,000 square feet, and (iii) are located within the area bounded by Dade Boulevard on the south, Purdy Avenue on the west, 18th Street on the north, and Bay Road on the east (MAP EXHIBIT-21) - 65 feet, provided that a full building permit for a tower pursuant to this section must be issued no later than December 31, 2022, and provided that residential uses may be permitted on such properties up to a maximum FAR of 2.0 pursuant to section 7.2.11.3.a (Development Regulations Table: Floor Area Ratio), but only if he first 1.5 FAR of development is dedicated to office use and ground floor commercial use.
         
         For office developments that satisfy the applicable requirements in section 7.2.11.2 - 75 feet.
   3. Height exceptions. In general, rooftop elements that are exempt from a building's maximum building height pursuant to this section 7.2.11.9.b.3 shall be located in a manner to minimize visual impacts on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. The height regulation exceptions contained in section 7.5.2 shall not apply to the Sunset Harbour Neighborhood. Instead, only the following height exceptions shall apply to the Sunset Harbour Neighborhood and, unless otherwise specified, shall not exceed 10 feet above the main roof of the structure:
      1. Roof-top operational and mechanical equipment. This exception shall be limited to essential, nonhabitable, building elements such as mechanical rooms/devices, air conditioning and cooling equipment, generators, electrical and plumbing equipment, as well as any required screening. The height of such elements shall not exceed 25 feet above the roof slab. The foregoing operational and mechanical equipment shall require the review and approval of the design review board and shall be set back from the building perimeter by no less than 25 feet from roof parapets on street facing facades.
      2. Roof-top elevator towers, including code required vestibules, and stair towers, with the height of such structures not exceeding 25 feet above the roof slab. Projecting overhangs at the doorways to elevator vestibules and stair towers required by the Florida Building Code may be permitted, provided the projection does not exceed the minimum size dimensions required under the Florida Building Code. The foregoing elements shall require the review and approval of the design review board and shall be set back from the building perimeter by no less than 25 feet from roof parapets on street facing facades. Notwithstanding the foregoing, the requirement for design review board approval, as well as the perimeter setback, shall not apply to private elevator and/or private stairs from a residential unit to a private roof deck.
      3. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar elements. Such elements shall be set back a minimum of 15 feet from the roof parapets on street-facing facades.
      4. Decks located more than 6 inches above the top of the roof slab, and not exceeding 3 feet above the roof slab, may be permitted provided the deck area is no more than 50 percent (50%) of the enclosed floor area immediately one floor below.
      5. Rooftop areas that are accessible only to the owners or tenants of residential units may have trellises, pergolas or similar structures that have an open roof of cross rafters or latticework. Such structures shall not exceed a combined area of 20 percent (20%) of the enclosed floor area immediately one floor below and shall be set back a minimum of 20 feet from the property line and no less than 10 feet from the roof parapets on street-facing facades.
      6. Roof-top pools, not to exceed 5 feet above the roof slab, shall be limited to main use residential buildings, or mixed use/office buildings where at least 25 percent (25%) of the floor area is dedicated to nontransient residential units. Such pools may have up to a 4-foot-wide walkway around the pool. Additionally, bathrooms required by the Florida Building Code, not to exceed the minimum size dimensions required under the Florida Building Code, may be permitted provided such bathrooms are set back a minimum of 20 feet from the property line and no less than 10 feet from the roof parapets on street-facing facades and shall not exceed 13 feet in height measured from the finished elevation of the roof deck or 16 feet in height measured from the roof slab, whichever is less.
      7. Parapets shall not exceed 4 feet in height above the main roof.
      8. Exterior speakers required to meet applicable requirements of the Life Safety or Florida Building Code.
      9. Allowable height exceptions located within 25 feet of the property line along a street facing façade of the building, or within 20 feet of an interior lot line abutting a residential use, shall not exceed 10 feet in height measured from the finished elevation of the roof deck or 13 feet in height measured from the roof slab, whichever is less. The design review board may waive this minimum setback along a street facing façade of the building, but in no instance shall the setback be less than 15 feet from the property line.
   4. Lot aggregation. Except for office or residential development, no more than six (6) platted lots may be aggregated.
   5. Lot size. Except for office or residential development, the maximum lot size shall not exceed 36,000 square feet. Notwithstanding the foregoing, the provisions of this paragraph shall not apply to any lot larger than 36,000 square feet that existed prior to January 1, 2021.
   6. Number of large establishments and conditional use permit (CUP) requirements. Conditional use approval from the planning board shall be required for retail, personal service, and/or restaurant uses within a development that is greater than 25,000 square feet in size. Additionally, no more than two such developments shall be permitted within the Sunset Harbour Neighborhood.
   7. Special events. City approved special events shall be prohibited at alcoholic beverage establishments. Notwithstanding the foregoing, permitted special events at venues not meeting the definition of an alcoholic beverage establishment shall cease no later than 9:00 p.m., seven days a week.
   8. Outdoor speakers. Outdoor speakers shall be prohibited on all levels of the exterior of a building, including roof tops, unless such speakers are required pursuant to the Life Safety or Florida Building Code.

1. Location and Purpose (Alton Road Office Development Overlay CD-2)
   The Alton Road office development overlay includes the parcels on the west side of Alton Road, between 8th Street and 11th Street, and between 14th Street and 17th Street (MAP EXHIBIT-20).
2. Development Regulations (Alton Road Office Development Overlay CD-2)
   Voluntary office height incentive program. The following regulations shall apply to developments within the Alton Road office development overlay that are proposed to be constructed at a height that exceeds 60 feet:
   1. Minimum office requirement. The development shall consist solely of office use above the ground level of the structure; provided, however, that residential uses, but not hotel units, may be permitted on such properties up to a maximum FAR of 2.0, pursuant to section 7.2.11.3.a (Development Regulations Table: Floor Area Ratio), but only if, at a minimum, the floor area associated with an FAR of 1.5 is dedicated to office use and ground floor commercial use.
   2. Covenant. New development may only be eligible for the voluntary office height incentive provided in this section 7.2.11.10.b. if the property owner elects, at the owner's sole discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the City Attorney, affirming that, for a term of 30 years, none of the residential units on the property shall be leased or rented for a period of less than six (6) months and one day.
   3. Ground level activation. The ground level of the building shall consist of active retail, restaurant, personal service or similar uses. Office uses, including, but not limited to, professional offices, banks, and financial services, shall not be permitted at the ground level. A lobby may be permitted at the ground level for access to upper floors.
   4. Clear pedestrian path. The applicable standards for a "clear pedestrian path," as established in section 7.1.2.2.e.2.A and B, shall apply to new development under this section, except as follows:
      1. The clear pedestrian path shall be at least 10 feet wide.
      2. The design review board may approve a reduction of the clear pedestrian path requirement to no less than a width of 5 feet in order to accommodate street trees, required utility apparatus, or other street furniture, subject to the design review criteria.
   5. Height. Notwithstanding the requirements of section 7.2.11.3.a, the maximum building height shall be 75 feet for development permitted under this voluntary office height incentive program. Additionally, all portions of the building above 60 feet in height shall be set back a minimum of 20 feet from the rear property line.
   6. Height exceptions. In general, rooftop elements that are exempt from a building's height calculations shall be located in a manner to minimize visual impacts on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. The height regulation exceptions contained in section 7.5.2 shall not apply to the Alton Road office development overlay. Instead, only the following rooftop elements shall be excluded from a building's maximum height and, unless otherwise specified, such elements shall not exceed a height of 10 feet above the main roof of the structure:
      1. Roof-top operational and mechanical equipment. This exception shall be limited to essential, nonhabitable, building elements such as mechanical rooms/devices, air conditioning and cooling equipment, generators, electrical and plumbing equipment, as well as any required screening. The height of such elements shall not exceed 25 feet above the roof slab.
      2. Roof-top elevator towers, including code required vestibules, and stair towers, with the height of such structures not exceeding 25 feet above the roof slab. Projecting overhangs at the doorways to elevator vestibules and stair towers required by the Florida Building Code may be permitted, provided the projection does not exceed the minimum size dimensions required under the building code.
      3. Satellite dishes, antennas, sustainable roofing systems, solar panels and similar elements. Such elements shall be set back a minimum of 15 feet from the roof parapets on street-facing facades.
      4. Decks located more than 6 inches above the top of the roof slab, and not exceeding 3 feet above the roof slab, may be permitted provided the deck area is no more than 50 percent (50%) of the enclosed floor area immediately one floor below.
      5. Rooftop areas that are accessible only to the owners or tenants of office or residential units may have trellises, pergolas or similar structures that have an open roof of cross rafters or latticework. Such structures shall not exceed a combined area of 20 percent (20%) of the enclosed floor area immediately one floor below and shall be set back a minimum of 15 feet from the roof parapets on street-facing facades.
      6. Parapets shall not exceed 4 feet in height above the main roof.
      7. Exterior speakers required to meet applicable requirements of the life safety or building code.
   7. Outdoor uses and special events. Commercial uses of any kind, including, but not limited to restaurants, bars and entertainment, as well as special events of any kind, shall be prohibited within any outdoor areas above the ground floor.
   8. Outdoor mechanical equipment. Any outdoor mechanical equipment located above the ground floor including, but not limited to, air conditioning equipment, cooling towers, compressors and generators shall be fully screened with sound attenuating materials on all sides.
   9. Nothwithstanding the foregoing, within a unified development that is located between Lincoln Road and 17th Street, the provisions of subsections (b)(1) through (8) shall not be applicable to any buildings existing prior to January 1, 2023. Residential and hotel units may be permitted in buildings existing prior to January 1, 2023; however, the floor area associated with an FAR of 1.5 for any unified development site shall consist solely of office use and ground floor commercial.
   10. Sunset provision. The development regulations in this section 7.2.11.10 shall only apply to projects that have obtained a full building permit on or before December 31, 2031.