No land, body of water or structure shall be used, or permitted to be used and no structures shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in a RU-4M District which is designed, arranged or intended to be used or occupied for any purpose, except for one of the following uses:

(A)

Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3 and RU-TH 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)

Minimum lot width and area. The minimum lot width shall be one hundred (100) feet and the minimum lot area shall be ten thousand (10,000) square feet.

(2)

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

(3)

Setback requirements. 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 fifteen (15) feet for structures of not more than two (2) stories and twenty (20) feet for structures over two (2) stories.

(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)

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 (accessory) on the same site, 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 from the wall containing 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.

(4)

Height. No building or structure, or part thereof, shall be erected or altered to a height exceeding nine (9) stories and shall not exceed one hundred (100) feet.

(5)

Floor area ratio. The floor area ratio shall not exceed the following:

(6)

Maximum number of units. The maximum number of dwelling units shall be determined on the basis of a total of thirty-five and nine-tenths (35.9) dwelling units per net acre.

(7)

Open space. On each lot with structures not exceeding a height of four (4) stories or fifty (50) feet, there shall be provided an open space equal to at least twenty-five (25) percent of the total lot area: On each lot with structures over four (4) but not exceeding six (6) stories or seventy-five (75) feet, there shall be provided an open space equal to at least thirty (30) percent of the total lot area; on each lot with structures over six (6) but not exceeding nine (9) stories or one hundred (100) feet there shall be provided an open space equal to at least thirty-five (35) 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, excepting only areas used as pedestrian walks.

(8)

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

(C)

Multiple-family housing developments [shall be] permitted only after staff review of the site plan to ensure compliance with all RU-4M 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 interior setbacks and spacing requirements may be disregarded in approving the plan.

(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)

A community residential facility as defined in Section 33-1(30.1) 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.

(F)

Rooming house, only in accordance with the requirements set forth in Section 33-203(2), except that the total number of residents in a rooming house that is the only residential building on the lot may exceed 14 if approved after public hearing.

Provisions of Ord. No. 81-105 shall not apply to those buildings for which a building permit has been issued and is in effect, or where multiple-family housing development or project site plan has been approved prior to September 17, 1981, by resolution of the Zoning Appeals Board or Board of County Commissioners, or prior to September 17, 1981, 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. 64-4, § 3, 2-4-64; Ord. No. 70-65, § 1, 9-1-70; Ord. No. 75-90, § 3, 10-15-75; Ord. No. 81-105, §§ 1, 4, 9-17-81; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 91-81, § 1, 7-23-91; Ord. No. 95-135, § 14, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 02-132, § 1, 7-23-02; Ord. No. 07-05, § 9, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 19-50, § 8, 6-4-19)

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

(Ord. No. 19-51, § 15, 6-4-19)

Editor's note— Ord. No. 19-51, § 15, adopted June 4, 2019, repealed the former § 33-207.4, and enacted a new § 33-207.4 as set out herein. The former § 33-207.4 pertained to site plan review and derived from Ord. No. 81-105, § 1, adopted Sept. 17, 1981; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; Ord. No. 95-223, § 1, adopted Dec. 5, 1995; Ord. No. 96-127, § 8, adopted Sept. 4, 1996; and Ord. No. 18-134, § 7, adopted Nov. 8, 2018.

Editor's note— Ord. No. 19-51, § 16, adopted June 4, 2019, repealed § 33-207.5, which pertained to site plan review criteria and derived from Ord. No. 81-105, § 1, adopted Sept. 17, 1981; Ord. No. 95-19, § 4, adopted Feb. 7, 1995; and Ord. No. 99-38, § 5, adopted April 27, 1999.

Not more than one (1) food and drug convenience retail service facility of the BU-1 type shall be permitted as an accessory use to an apartment use or apartment development, said facility not to exceed one thousand (1,000) square feet in development having a minimum of three hundred (300) apartment units, provided that:

(1)

Such services relate to the needs of the inhabitants of the proposed complex;

(2)

Such services are not provided direct access from public roads;

(3)

Such services are not visible from public roads;

(4)

Detached signs and signs visible from public roads are not used;

(5)

Such services are designed as an integral part of the total design as determined by site plan review;

(6)

Such services are located in the principal structure or in a community service center structure.

An additional one (1) square foot of retail area shall be permitted for each apartment unit above three hundred (300) units; provided, however, that the maximum square footage for such facilities shall not exceed three thousand (3,000) square feet.

(Ord. No. 81-105, § 1, 9-17-81)

Editor's note— Although the title of Ord. No. 81-105 purportedly added a § 33-207.6 to Art. XVIIB, the text of the ordinance added a § 33-207.2.3, which the editor has numbered § 33-207.6.