(a)

It is the purpose and intent of this article to provide a townhouse zoning district in order to permit separate ownership of one-family dwelling units upon compliance with certain rules, regulations and standards, and to authorize the grouping of separately owned one-family dwelling units into a group of townhouses in such a manner as to make efficient, economical and aesthetically pleasing use of land, so restricted that the same will be continually well maintained in order to preserve the health, welfare, safety, morals and convenience of the neighborhood and surrounding area.

(b)

Provisions of Ord. No. 82-29 shall not apply to those buildings for which a building permit has been issued and is in effect or where townhouse development or project site plan has been approved prior to April 20, 1982 by resolution of the Zoning Appeals Board or Board of County Commissioners, or prior to April 20, 1982, an agreement, letter of intent, or performance standards encompassing all of the basic items constituting a site plan has been recorded or adopted by resolution of the Zoning Appeals Board or the Board of County Commissioners.

(Ord. No. 65-72, § 1-I, 11-9-65; Ord. No. 82-29, § 4, 4-20-82)

As used herein, a "townhouse" is a one-family dwelling unit of a group of three (3) or more such units separated by a common party fire wall; provided, however, that up to ten (10) percent of the total number of units on any individual site plan may be developed in two-unit groupings. Said common party fire wall shall extend to the roof line or above the roof of units which it serves and shall have no openings therein. Where units are offset from one (1) another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset. Each townhouse unit shall be constructed upon a separate platted lot; provided, however, that the roof lines may overhang onto adjacent lots or common areas a maximum of twenty-four (24) inches, subject to the approval of and determination by the Director that the roof or drainage system is designed so that runoff of water from the roof does not adversely affect adjacent units or lots. Each townhouse unit shall be serviced with separate utilities and other facilities and shall otherwise be independent of one (1) another; provided, however, that the electrical lines or telephone lines or cables which service a particular unit may be placed through other lots where approved by the Director. The Director's approval shall be based upon his finding that the placement of said lines or cables will not adversely affect the lots through which they are placed.

(Ord. No. 65-72, § 1-II, 11-9-65; Ord. No. 70-31, § 1, 4-22-70; Ord. No. 82-29, § 1, 4-20-82; Ord. No. 85-43, § 1, 6-18-85; Ord. No. 95-215, § 1, 12-5-95)

No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, or reconstructed, structurally altered or maintained for any purpose in a townhouse district (RU-TH) which is designed, arranged or intended to be used or occupied for any reason or purpose, except for one (1) of the following uses:

(1)

Those uses permitted in the RU-1, RU-1M(a), RU-1M(b) and RU-2 Districts, subject only to the requirements, limitations and restrictions applicable therefor in said districts, including, but not limited to, lot width, areas, yard areas, heights and coverage.

(1.1)

Workforce housing units in compliance with the provisions of Article XIIA of this Code.

(2)

Townhouses, subject to the following restrictions:

(a)

Densities. The maximum number of units per net acre shall not exceed eight and one-half (8.5).

(b)

Common open space. A minimum of thirty (30) percent of the site to be developed for townhouses shall be provided as a common open space; fifty (50) percent of said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery. The remaining fifty (50) percent may be used only as swimming pools, tennis courts, shuffleboards, pedestrian walks, entrance features, recreation buildings, maintenance buildings for the common areas, lakes, canals and lagoons, and other recreational uses.

(c)

Grouping length. A grouping of townhouses shall not exceed two hundred forty (240) feet in length.

(d)

Unit size. No townhouse shall be smaller than six hundred (600) square feet, and the average size of the townhouses in any grouping shall be a minimum of eight hundred (800) square feet.

(e)

Height. The maximum height for any townhouse shall be forty (40) feet.

(f)

Size of development site. The minimum size of the site to be developed for townhouses shall be one (1) net acre.

(g)

Lot area for each unit. No townhouse site shall contain an area of less than one thousand two hundred fifty (1,250) square feet and the average size for a group shall not be less than one thousand five hundred (1,500) square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which event the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.

(h)

Front yard requirements. There shall be a fifteen-foot minimum distance from the nearest edge of roadway pavement to the front building line. If parking is provided in front of the townhouse unit, then the setback provisions in Section 33-202.3(2)(m) shall apply.

(i)

Rear yard requirements. The minimum rear building setback for the principal building and any enclosed additions shall be ten (10) feet. The minimum rear setback for a cantilevered terrace roof or a terrace roof with pole or column supports shall be five (5) feet. The minimum rear setback for screen enclosures without a solid roof shall be zero (0) feet.

(j)

Side yard requirements. A minimum side yard of fifteen (15) feet shall be provided between the end of a group of townhouses and the right-of-way line of a public or private street. A spacing of twenty (20) feet shall be provided between each group of townhouses.

(k)

Street frontage. Each townhouse site must have a clear, direct frontage on public streets or to accessways complying with private street requirements.

(l)

Utilities and services. Each townhouse shall be independently served by separate heating, air conditioning, seer, water, electric power, gas, and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided.

(m)

Parking. Where parking spaces are provided in front of townhouse buildings, the required front setback of the building shall be twenty-five (25) feet from the nearest edge of roadway pavement in said parking area unless garages are provided, in which case the garage portion of the structure shall be set back twenty (20) feet from the nearest edge of roadway pavement. Any portion of the townhouse building that is not located directly in front of parking spaces shall be set back fifteen (15) feet from the nearest edge of roadway pavement.

(n)

Street right-of-way width and improvements. The right-of-way width of public streets and private streets serving a group of townhouses and the improvements therein shall conform to all applicable minimum Miami-Dade County standards and requirements for such streets.

(o)

Walls, fences, and hedges. Walls, fences, and hedges shall comply with the provisions of Section 33-11 of this chapter. All patio, outdoor living areas on each townhouse site shall be enclosed by a wall or fence affording complete screening except in cases where a natural feature of the site such as a lake or golf course would suggest that complete screening would not be required. Such determination shall be made as a result of the site plan review process as provided herein. All rear yard areas used for service, such as drying areas, shall be completely screened from view from the street and from adjoining lots by walls, fences, or landscaping.

(p)

Patios and service areas. There shall be provided on each townhouse site at least four hundred (400) square feet of patio living area exclusive of parking and service areas for each townhouse; such footage may consist of one (1) or more patio areas. Open roof areas, balconies designed and planned for patio purposes, cantilevered terrace roofs, and terrace roofs with pole or column supports, may be credited toward patio area. The following features may also be included: Screen enclosures, patio slabs, Jacuzzis, swimming pools, decks, garden features and hot tubs. Said features must be either shown on the approved site plan or approved pursuant to the provisions of Section 33-202.3(2)(t). Such patio area shall be enclosed in accordance with the requirements of subsection (o) above.

(q)

Accessory buildings. No accessory building shall be permitted in unwalled areas on sites containing a townhouse, and where located within an area enclosed with walls, shall not extend above the height of the walls.

(r)

Site plan review. All development shall be reviewed in accordance with Section 33-310.4.

(s)

Site plan changes. The Director may authorize a change in a site plan for changes to an individual townhouse unit where such changes are encompassed wholly within the fee simple lot of such unit after administrative site plan review and approval for screen enclosures, patio slabs, new facial or trim work, open porch additions with or without wood or metal roofs, trellis or garden amenities, awnings, Jacuzzis, swimming pools, decks, hot tubs, etc., providing:

1.

That approval in writing is secured from an official, authorized body designated in the townhouse development to approve architectural changes in the townhouse community;

2.

That written approval of the immediate adjacent townhouse owners is secured. If the applicant is unable to contact an adjacent property owner for such approval, the applicant may present proof that he has mailed the request for approval to each adjacent unit owner, by certified mail, return receipt requested, at each adjacent property owner's mailing address as listed in the most current Miami-Dade County tax roll, and that the notice has been returned undeliverable; and

3.

That no additional variances are necessary to accomplish the proposed changes.

4.

Exceptions. The installation of temporary storm panels approved under Chapter 35, South Florida Building Code shall be permitted as a matter of right and shall not be subject to homeowners' association approval, nor shall such installation be subject to adjacent townhouse owners' approval. However, homeowners' association approval shall be required for the installation of permanent storm shutters. For the purposes of this subsection, temporary storm panels shall be defined as detachable protection devices that are installed temporarily over building openings in the event of an approaching hurricane or tropical storm.

5.

In approving the amendment to the plan, the Director shall find that the change in plan will be in harmony with and compatible with existing development in the area, and will not destroy the theme or character of the development in the area.

6.

If the applicant is unable to obtain the approvals required by paragraphs (1) and (2) of this subsection, site plan changes may only be approved following public hearing. At the time of filing such application, the applicant shall sign a statement, on a form acceptable to the Director and approved by the County Attorney's Office, that the applicant understands that approval at public hearing does not relieve the applicant from obtaining approval from a homeowner's association or other such private, authorized body where required to do so by a declaration of restrictions or other such private agreement applicable to the townhouse development.

(t)

Maintenance of common area. Provisions satisfactory to the Board of County Commissioners shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayer of Miami-Dade County.

1.

Such may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to such nonpublic areas and facilities, and levying assessment against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining such nonpublic areas and facilities which may include, but not be limited to, recreational areas, off-street parking bays, private streets, sidewalks, street lights, and common open and landscaped areas. Such assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than 10 years.

2.

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

3.

The instrument incorporating such provisions shall be approved by the County Attorney as to form and legal sufficiency and shall be recorded in the public records of Miami-Dade County at the time of the recording of the subdivision plat.

(u)

Platting requirements. Each townhouse unit shall be located on its own individual platted lot. If areas for common use of occupants of a townhouse development are shown on the plat, such areas shall not be approved until satisfactory arrangements are made for maintenance as provided by this article.

(v)

Trees. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 65-72, § 1-III, 11-9-65; Ord. No. 68-20, § 1, 4-16-68; Ord. No. 70-31, § 2, 4-22-70; Ord. No. 73-56, §§ 1, 2, 5-15-73; Ord. No. 73-82, § 1, 9-18-73; Ord. No. 74-21, § 1, 4-3-74; Ord. No. 77-68, § 1, 9-20-77; Ord. No. 81-24, § 1, 3-3-81; Ord. No. 82-29, § 1, 4-20-82; Ord. No. 91-36, § 3, 3-19-91; Ord. No. 93-73, § 1, 7-15-93; Ord. No. 94-146, § 1, 7-14-94; Ord. No. 95-19, § 1, 2-7-95; Ord. No. 95-135, § 10, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 6, 9-4-96; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 99-38, § 2, 4-27-99; Ord. No. 00-141, § 1, 11-14-00; Ord. No. 07-05, § 4, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 08-83, § 1, 7-1-08; Ord. No. 13-33, § 3, 4-2-13; Ord. No. 18-134, § 2, 11-8-18; Ord. No. 19-51, § 7, 6-4-19)