It is the intent of these regulations to create a Rowhouse District to be applied in unincorporated Miami-Dade County. Further, it is the purpose and intent of these regulations to create developments at a pedestrian scale; to create a streetscape which is convenient and comfortable for walking; to form a clear edge of public and private buildings, spatially delineating the public street space from private block interiors; to encourage pedestrian interaction between the development site and public areas; to provide a range of building elevations; to provide an identity, visual interest and diversity, and to provide opportunities for citizens to know their neighbors and watch over their collective security.

(Ord. No. 06-96, § 1, 6-20-06)

As used herein, a "rowhouse" is a one-family dwelling unit of a group of three (3) or more such units, each separated from the next 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. Each common party fire wall shall extend to the roof line or above the roof of the units it serves and shall have no openings therein. Where units are offset from one 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 rowhouse unit shall be constructed upon a separate platted lot; provided, however, that the roof eaves 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 rowhouse unit shall be serviced with separate utilities and other facilities and shall otherwise be independent of one another.

(Ord. No. 06-96, § 1, 6-20-06)

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 rowhouse district (RU-RH) 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), RU-2, RU-TH, and RU-3 Districts, subject only to the applicable physical requirements, limitations and restrictions of said districts, including, but not limited to, lot width, areas, setbacks, heights and coverage.

(2)

Rowhouses shall be permitted in accordance with the criteria contained in this article, provided however, that a rowhouse development without common open space shall not be approved within one thousand (1,000) feet of another rowhouse development in which common open space has not been provided.

(3)

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

(Ord. No. 06-96, § 1, 6-20-06; Ord. No. 07-05, § 5, 1-25-07; Ord. No. 08-51, § 1, 5-6-08)

A rowhouse development shall be designed in accordance with the following standards, and in accordance with the design standards contained in Section 33-202.8:

(1)

Lot size. The minimum lot size of a rowhouse lot shall be one thousand two hundred and fifty (1,250) square feet.

(2)

Density. The maximum number of dwelling units shall be twelve (12) units per net acre.

(3)

Common open space. Open space in the form of green(s) shall be provided in accordance with the following:

As used in this subsection, a rowhouse green(s) shall be a common open space placed to create focal point(s) in the neighborhood and shall be easily accessible. A rowhouse green shall include amenities such as landscaping, benches, pedestrian paths, gazebos, band shells, swimming pools, tennis courts, shuffleboards, community buildings, recreation buildings, maintenance buildings for common areas, lakes, canals and lagoons, other recreational uses, or entrance features. Entrance features that were not included or approved in the original site plan are permissible but shall require entrance feature review and approval by the Department and by a homeowners association or similar entity. Greens shall front on roads and/or residential development on at least three sides. Greens shall have a minimum width of thirty-five (35) feet and a maximum length of two hundred and seventy (270) feet, except a green may be up to four hundred and eighty (480) feet in length when rowhouse lots directly front the green along the lateral sides. Buildings shall not cover more than twenty (20) percent of a green. No parking shall be permitted on the green. Greens may be enclosed with wrought iron or electroplated aluminum picket fencing not exceeding forty-two (42) inches in height, which shall be seventy five (75) percent opaque.

Common open space, other than greens, may include, without limitation, recreational areas, sidewalks, water bodies, and tree preservation zones as defined by Section 24-5 of this Code.

(4)

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

(5)

Frontage on Roads or Greens. Each rowhouse lot shall have a clear, direct frontage on public streets, private streets or to accessways complying with private street requirements, or on a green as defined in Section 33-202.7. No more than two rowhouse groupings may front on a green without an intersecting roadway. All rowhouse groupings fronting on a green shall be developed with a rear alley, public street or private street conforming to private street requirements. Greens that immediately abut the front of rowhouse groupings shall be designed to provide access for emergency vehicles. The design and surface material of such emergency accessways shall meet with the approval of the Miami-Dade County Fire Department.

(6)

Building height. The maximum height for any rowhouse unit shall be and forty (40) feet and the maximum number of stories shall be three (3) stories.

(7)

Setbacks.

(a)

Front. The front setback shall be a minimum of ten (10) feet, provided, however, that a front porch, bay window, awning, balcony, roof overhang, or handicap ramp may encroach into the front setback at varying dimensions up to eight (8) feet, as provided in Section 33-202.8(1) for optional setbacks and in Section 33-202.8(2)(a) for encroachments. No garages shall front on, nor shall parking spaces be located in, the front setback.

(b)

Rear. The rear setback shall be a minimum of five (5) feet. No structures including walls or fences shall be permitted within this setback area, except that an additional twenty four (24) inch roof overhang or stoop and utility equipment may encroach into the rear setback.

(c)

Side street. The minimum side street setback shall be ten (10) feet, of which half (50%) of the width shall be unencumbered by walls, fences or other structures or buildings. An additional twenty four (24) inch roof overhang, stoop or handicap ramp may encroach into the side street setback.

(d)

Spacing between buildings. A fifteen (15) foot unencumbered space shall be provided between groupings of rowhouses.

(8)

Accessory buildings.

Accessory buildings shall not be permitted, except for detached private garages.

(9)

Private garages.

(a)

All private garages shall be accessed from the rear of the unit. Garages may be credited toward required parking if, at the time of zoning or administrative site plan approval, a restrictive covenant approved in form and legal sufficiency by Miami-Dade County is recorded that permanently prohibits the enclosure of vehicular storage space on the first floor to create habitable living space.

(b)

Detached private garages shall be limited to two (2) stories in height. Within this height limit, habitable space for occupants of the unit may occur above the vehicular storage space on the first floor; no kitchen facilities shall be permitted.

(10)

Private open space. There shall be provided on each platted rowhouse lot at least three hundred (300) square feet of outdoor open space exclusive of parking and service area. Open roofed areas, balconies designed and planned for outdoor space, screened enclosures with a screened roof, patio slabs, swimming pools, decks, garden features, hot tubs, porches and stoops may be credited toward this open space requirement.

(11)

Parking. Parking requirements shall be in accordance with Section 33-124 of this Code, provided that a minimum of two (2) spaces shall be provided for each rowhouse unit plus an additional one-quarter (.25) space per unit for guest parking. On-street parallel parking may be used for guest parking. Parking shall be prohibited in the front setback area. No perpendicular parking shall be permitted on roadways. Garages shall be credited toward required parking and garages shall be accessed from the rear of the lot.

(12)

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

(13)

Utilities and services. Each rowhouse shall be independently served by separate heating, air conditioning, water, sewer, electricity, gas, or other utility services, and no rowhouse unit shall be in any way dependent upon such services or utility lines located within another unit or on or in another rowhouse site, except as may be installed in public easements. All water and sewer lines and all electrical and telephone lines in a rowhouse development site shall be placed underground. Proper and adequate access for fire fighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided.

(14)

Additions. A homeowners' association shall review and approve, or deny, additions and exterior modifications to a rowhouse unit.

(Ord. No. 06-96, § 1, 6-20-06)

(1)

Front Elevation. The front elevation of rowhouse units shall face a street or green and shall contain the front door and windows covering at least fifteen (15) percent of the front elevation, not including the roof.

The front elevation of rowhouse units shall be differentiated and articulated by at least two (2) of the following design variations; (a) varying front elevations; (b) varying roof pitches and/or directions; (c) articulating front elevations with fenestration, bay windows and/or balconies; (d) varying building heights; (e) staggering of the front elevation(s) so that fifty (50) percent of the elevation(s) are setback a minimum of ten (10) feet from the front property line and the remaining fifty (50) percent of the elevation(s) are setback a minimum of fifteen (15) feet.

(2)

Front porch and stoop. Front porches shall be required for a minimum of fifty (50) percent of all rowhouse units. A front porch shall consist of a roofed structure attached to the front of the unit. The porch shall be open on three (3) sides except for structural columns or low walls or railings not exceeding forty-two (42) inches in height from the porch floor. The front porch openings may be covered with insect screening but not with glazing. Front porches shall have a minimum width of twelve (12) feet and a minimum depth of six (6) feet, except that side and rear porches shall not be subject to these requirements. A stoop may be a covered landing placed at the side or rear entrance to a dwelling unit with a maximum area of thirty-six (36) square feet. All or a portion of a porch or stoop may encompass a handicap ramp providing access.

(a)

Encroachments into front setback area: Front porches may encroach a maximum of six (6) feet into the front setback. Roof eaves of such front porches may encroach another two (2) feet but not within four (4) feet of the front roadway pavement. Awnings, second story balconies and handicap ramps may encroach up to six (6) feet into the front setback; bay windows may encroach up to four (4) feet into the front setback.

When rowhouse units front on a green or other common open space, front porches may encroach a maximum of eight (8) feet into the front setback. Roof eaves of such front porches may encroach another two (2) feet. Awnings, second story balconies and handicap ramps may encroach up to six (6) feet into the front setback; bay windows may encroach up to four (4) feet into the front setback.

(3)

Street system, right-of-way width, and improvements. The right-of-way width of public streets and private streets and alleyways serving a group of rowhouses and the improvements therein shall conform to all applicable minimum Miami-Dade County standards and requirements for such streets. Cul-de-sacs and T-turnarounds should be avoided. The street system of a rowhouse development shall be designed to connect directly to adjacent street systems.

(4)

Street edge. Sidewalks with a minimum width of five (5) feet and curbs and gutters shall be provided along all roadways and shall be in accordance with the Public Works Manual. Street lamps of a maximum height of ten (10) feet shall be provided at an average spacing of twenty-five (25) feet on center along the roadway edge.

(5)

Alleys. Alleys are permitted and shall be a minimum of fifteen (15) feet in width, with a minimum twelve (12) feet of paved surface and a twenty-two (22) foot clear opening at the throat.

(6)

Pedestrian path. Pedestrian pathways are intersecting paved walkways that provide pedestrian passage from street to street and from a green to a street. A pedestrian pathway between streets or from a green to a street shall be provided every two hundred forty (240) feet when there is no intervening street between building groups. A pedestrian path shall be a minimum of fifteen (15) feet in width that shall contain a minimum pavement width of six (6) feet. The balance of the pedestrian path shall be landscaped open space, except where interrupted by alleyways.

(Ord. No. 06-96, § 1, 6-20-06)

All land designated on approved plans as common open space, except public rights-of-way, including green(s) and all structures, roads and permitted drives devoted to the common use of the inhabitants of this district shall be owned and maintained as follows:

(1)

Any such common open space shall either be owned by a property homeowners' association, a special taxing district or a similar entity. In the case of a homeowners' association, the ownership shall be subject to covenants providing for the maintenance of the common facilities in a manner that assures its continuing use for its intended purpose and provided that a homeowners' association shall comply with the following requirements:

(a)

A homeowner's association shall be established before the units or individual building lots are sold.

(b)

Membership shall be mandatory for each property owner and said association shall have the authority to adjust the assessment to meet the needs of maintaining the open space.

(c)

Any assessments levied by the homeowner's association shall be a lien superior to all other liens, except tax liens and mortgage liens are first liens against the property encumbered thereby.

(d)

The homeowner's association shall be responsible for maintenance of common elements and local taxes on such common elements.

(e)

No amendment(s) shall be permitted to the homeowner's association documents which would have the effect of modifying or eliminating requirements for the common areas without the prior written consent of Miami-Dade County.

(Ord. No. 06-96, § 1, 6-20-06)

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

(Ord. No. 19-51, § 8, 6-4-19)

Editor's note— Ord. No. 19-51, § 8, adopted June 4, 2019, repealed the former § 33-202.10, and enacted a new § 33-202.10 as set out herein. The former § 33-202.10 pertained to site plan review and derived from Ord. No. 06-96, § adopted June 20, 2006 and Ord. No. 18-134, § 3, adopted Nov. 8, 2018.

The Director may authorize certain changes in a site plan for an individual rowhouse unit after an internal site plan review provided the changes meet the requirements of this Code; such changes are limited to screen enclosures, patio slabs, new fascia or trim work, open porch additions with or without wood or metal roofs, trellis or garden amenities, such as awnings, Jacuzzis, swimming pools, decks and hot tubs, provided that:

(1)

Written approval is obtained from the official, authorized body designated in the rowhouse development to approve architectural changes in the rowhouse community; and

(2)

Written approval of the immediate adjacent rowhouse owner(s) is obtained. If the applicant is unable to contact an adjacent property owner for such approval, the applicant may present proof that he or she 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)

No additional variances are necessary to accomplish the proposed changes.

(4)

Exceptions. The installation of temporary storm panels approved under the 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 rowhouse 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.

The Director shall approve the change if it is determined that the change 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.

All adverse decisions of the official, authorized body designated in the rowhouse development to approve architectural changes in the rowhouse community shall be appealed solely pursuant to the provisions of the official documents of the rowhouse community. The official authorized body is required to afford the applicant, within sixty (60) days of receipt of the request, (1) written notice of the time and place of the hearing, (2) a full hearing, and (3) a decision in writing which is furnished to the applicant. Relief from this section shall be permitted only pursuant to the standards and requirements of Section 33-311(A)(4)(a) of this Code.

(Ord. No. 06-96, § 1, 6-20-06)