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 an RU-3M District which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) of the following uses:

(A)

Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3, RU-TH and RU-RH Districts subject only to the requirements, limitations and restrictions applicable therefor in said districts, including, but not limited to, lot width, area, yard areas, height and coverage.

(A.1)

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

(B)

Multiple family apartment house use with only one (1) principal building on a lot, parcel or tract, designed for more than four (4) family units subject to the following:

(1)

The minimum lot width shall be one hundred (100) feet and the minimum lot area shall be 16,884 square feet.

(2)

The maximum area covered by all buildings shall not exceed thirty (30) percent of the lot.

(3)

The setbacks shall be as follows:

(a)

Minimum setback from front property line shall be twenty-five (25) feet.

(b)

Minimum setback from interior side property line shall be twenty (20) feet.

(c)

Minimum setback from side street property line shall be twenty-five (25) feet.

(d)

Minimum setback from a rear property line shall be twenty-five (25) feet.

(e)

Minimum setback between buildings shall be twenty (20) feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site, then there shall be provided a minimum clear distance of not less than thirty (30) feet. Said distance to be measured on a line projected at right angles at the opening to the opposite wall. Cantilevers and open porches may project from the building wall into the required open space (court only) not more than four (4) feet and that stairways may project from the building wall into the required open space (court only) not more than seven and one-half (7½) feet. Stairways when located in the required open space (court) shall be supported by the necessary columns only; support by a wall is strictly prohibited.

(f)

Accessory building shall conform to the same requirements as provided for accessory buildings in the RU-1 District.

(4)

Building or structure or part thereof shall be erected or altered to a height exceeding two (2) stories and shall not exceed thirty-five (35) feet.

(5)

The floor area ratio shall not exceed the following:

(6)

The maximum number of dwelling units shall be determined on the basis of a total of twelve and nine-tenths (12.9) dwelling units per net acre.

(7)

On each lot there shall be provided an open space equal to at least twenty-five (25) percent of the total lot area; said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery, except for areas used as pedestrian walks and ingress and egress drives, said ingress and egress drives shall not exceed a maximum width required to serve the parking area.

(8)

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

(C)

Multiple-family housing developments [are] permitted only after staff review of the site plan to insure compliance with all RU-3M District requirements and site plan review criteria. Said plan shall be in compliance with the requirements contained in subparagraphs (1) through (8) of paragraph (B) above, except that spacing requirements between buildings may be reduced, but in no event below twenty (20) feet. Said reduction will be permitted only where the site use plan submitted indicates that the purpose and intent of the ordinance is being conformed with and that because of the arrangement of the building, adequate provisions are being made for light, air, landscaping and beautification.

(D)

Housing projects, whether in single or multiple buildings, and as defined in Chapter 421, of the Florida Statutes, built for or by the Miami-Dade County Department of Housing and Urban Development.

(E)

Community residential home. A community residential facility as defined in Section 33-1(130.1) shall be permitted in a dwelling unit upon establishing the following:

(a)

That the total number of resident clients on the premises not exceed fourteen (14) in number. Facilities for more than fourteen (14) resident clients must be approved through public hearing pursuant to Section 33-13;

(b)

That the operation of the community residential home be licensed by the State of Florida Department of Health and Rehabilitative Services;

(c)

That the community residential home not be located within a radius of one thousand two hundred (1,200) feet of another existing, unabandoned legally established community residential home in a multi-family zone. The one thousand two hundred-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use;

(d)

That the community residential home conform to existing zoning regulations applicable to other multiple family uses permitted by this section;

(e)

That the sponsoring agency of the community residential home notify the Director in writing of its intention to establish said facility. Such notice shall contain the address and legal description of the site, the number of resident clients, as well as a statement from the State of Florida Department of Health and Rehabilitative Services indicating the need for and licensing status of the proposed facility. Absence of this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and

(f)

Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

(Ord. No. 66-59, § 2, 11-1-66; Ord. No. 70-65, § 1, 9-1-70; Ord. No. 75-90, § 1, 10-15-75; Ord. No. 81-95, § 1, 9-1-81; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 91-81, § 1, 7-23-91; Ord. No. 95-135, § 12, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 06-96, § 5, 6-20-06; Ord. No. 07-05, § 7, 1-25-07; Ord. No. 08-51, § 1, 5-6-08)

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

(Ord. No. 19-51, § 11, 6-4-19)

Editor's note— Ord. No. 19-51, § 11, adopted June 4, 2019, repealed the former § 33-203.7, and enacted a new § 33-203.7 as set out herein. The former § 33-203.7 pertained to site plan review and derived from Ord. No. 81-95, § 1, adopted Sept. 1, 1981; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; Ord. No. 95-223, § 1, adopted Dec. 5, 1995; Ord. No. 96-127, § 7, adopted Sept. 4, 1996; and Ord. No. 18-134, § 5, adopted Nov. 8, 2018.

Editor's note— Ord. No. 19-51, § 12, adopted June 4, 2019, repealed § 33-203.8, which pertained to site plan review criteria and derived from Ord. No. 81-95, § 1, adopted Sept. 1, 1981; Ord. No. 95-19, § 2, adopted Feb. 7, 1995; and Ord. No. 99-38, § 3, adopted April 27, 1999.