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-4, High Density Residential District, which is designed, arranged or intended to be used or occupied for any purpose, except for one of the following uses:

(1)

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 thereto in said districts, including, but not limited to, lot width, area, setbacks, yard areas, height and coverage.

(1.1)

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

(2)

Multiple family apartment house containing fewer than eleven (11) units in a single building.

(3)

Multiple family apartment house containing eleven (11) or more units, subject to site plan review hereinafter provided. Where the applicant fails to secure the approval of the Department of Planning and Zoning the site plan reviewed shall be deemed denied. Where the site plan has been denied the applicant may correct the same to secure the approval of both Departments or appeal the denial for review by the Community Zoning Appeals Board.

(4)

Multiple family housing developments, provided that they are reviewed under the provisions of site plan review hereinafter provided, and only on approval after staff review of the site plan(s) to ensure compliance with all RU-4 District requirements and site plan review criteria. Said plan shall be in compliance with the requirements hereinafter provided.

(5)

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.

(6)

Rooming house, only in accordance with the rooming house requirements set forth in Section 33-203, 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.

(7)

Group residential facility, in accordance with the following:

(a)

When abutting a single-family residential district the facility shall provide a buffer between dissimilar uses in accordance with Section 18A-6(H), provided, however, that:

(i)

The landscape strip shall be a minimum width of eight feet; and

(ii)

When service areas and loading docks are oriented towards the residential zoning district, a masonry wall in accordance with Section 33-11 shall be required for the length of the abutting property.

(b)

The facility shall obtain all applicable state licenses and operate in accordance with applicable state statutes, rules, and regulations, including, but not limited to, those pertaining to emergency and pandemic preparedness and response so as to ensure the health and safety of facility residents and staff.

(c)

If the facility is a community residential home, it shall comply with the community residential home requirements of Section 33-203.

(d)

If the facility is a group home, it shall comply with the group home requirements of Section 33-199.

Provisions of Ord. No. 82-5 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 February 2, 1982, by resolution of the Zoning Appeals Board or Board of County Commissioners, or prior to February 2, 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. 72-91, § 1, 12-5-72; Ord. No. 75-90, § 4, 10-15-75; Ord. No. 82-5, § 1, 2-2-82; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 95-135, § 15, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 06-96, § 7, 6-20-06; Ord. No. 07-05, § 10, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 19-50, § 9, 6-4-19; Ord. No. 20-110, § 5, 10-6-20)

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

(Ord. No. 19-51, § 17, 6-4-19)

Editor's note— Ord. No. 19-51, § 17, adopted June 4, 2019, repealed the former § 33-208.1, and enacted a new § 33-208.1 as set out herein. The former § 33-208.1 pertained to site plan review and derived from Ord. No. 82-5, § 1, adopted Feb. 2, 1982; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; Ord. No. 95-223, § 1, adopted Dec, 5, 1995; Ord. No. 96-127, § 9, adopted Sept. 4, 1996; and Ord. No. 18-134, § 8, adopted Nov. 8, 2018.

Editor's note— Ord. No. 19-51, § 18, adopted June 4, 2019, repealed § 33-208.2, which pertained to site plan review criteria and derived from Ord. No. 82-5, § 1, adopted Feb. 2, 1982; Ord. No. 95-19, § 5, adopted Feb. 7, 1995; and Ord. No. 99-38, § 6, adopted April 27, 1999.

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

(Ord. No. 72-91, § 1, 12-5-72)

The lot coverage for all buildings on the site shall not exceed forty (40) percent of the total lot area.

(Ord. No. 72-91, § 1, 12-5-72)

The setbacks shall be as follows:

(1)

Front setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height provided, however, that the required front setback shall not exceed fifty (50) feet.

(2)

Rear setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height.

(3)

Interior side setbacks and side street setbacks. Minimum setbacks for all structures shall be determined by a sixty-three-degree line projected from the interior side property line(s) or side street property line(s) upward towards the center of the site; provided, however, that no structure shall be permitted to be closer than twenty-five (25) feet to the interior side property line(s) or side street property line(s) (see the following sketch) and further provided that the passageways to Biscayne Bay or the Atlantic Ocean are adhered to as provided in this article.

(4)

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. In that case 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 from 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 six (6) feet and stairways may project from the building wall into the required open space (court only) not more than ten (10) 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.

(Ord. No. 72-91, § 1, 12-5-72; Ord. No. 82-5, § 1, 2-2-82; Ord. No. 83-20, § 1, 4-19-83)

There shall be a visual passageway area for sites abutting the bay or ocean, said area to extend from the bay or ocean to the street most nearly parallel to the mean high water line. Twenty (20) percent of the total frontage dimension of said sites shall be unencumbered with any structure or off-street parking, with the area(s) running the full length of the property from the street most nearly parallel to the mean high water line, to the bay or ocean. The maximum required view corridor for any one (1) development shall be one hundred (100) feet in width.

Properties donated or dedicated to Miami-Dade County and accepted by the Board of County Commissioners, or encumbered with a public or semipublic easement that lies within the interior setback areas shall be credited toward this requirement. The purpose of said dedications/easements is to encourage views of the bay or ocean and features such as walkways, public parking areas, fishing piers, gazebos, art objects and other similar amenities. A floor area ratio bonus shall be given for developments abutting the bay or ocean where said dedications/easements are granted pursuant to the provisions of Section 33-213.

(Ord. No. 82-5, § 1, 2-2-82)

On sites which abut dedicated rights-of-way of one hundred (100) feet or more, each proposed building or structure which exceeds one hundred (100) feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of forty-one (41) degrees) will not fall on any adjacent property except for public road rights-of-way. Shadow studies shall be provided to the Department. Buildings or structures may be proposed to any height except as controlled by this shadow provision and other provisions in the Code, such as floor area ratio, setbacks, airport regulations, etc. For all other sites, no building or structure or part thereof shall be of a height greater than the width of the widest street upon which such building abuts, unless approved for additional height as a result of public hearing. (See following sketch.)

(Ord. No. 72-91, § 1, 12-5-72; Ord. No. 82-5, § 1, 2-2-82; Ord. No. 95-215, § 1, 12-5-95)

The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height.

A floor area ratio bonus shall be given for developments abutting the bay or ocean where easements are dedicated or granted to Miami-Dade County and accepted by the Board of County Commissioners and improved with features such as landscape, walkways, public parking areas, fishing piers, gazebos, restrooms, art objects and other similar amenities. Such areas are to extend the full length of the property from the street most nearly parallel to the mean high water line, to the bay or ocean. Such areas are to be included in density, open space and setback calculations.

The bonus shall be an additional two (2) square feet of floor area for each one (1) square foot of area devoted and improved for public access.

(Ord. No. 72-91, § 1, 12-5-72; Ord. No. 82-5, § 1, 2-2-82)

The maximum number of dwelling units shall not exceed a density of fifty (50) dwelling units per net acre or eight hundred seventy-one and two-tenths (871.2) square feet of lot area per dwelling unit.

(Ord. No. 72-91, § 1, 12-5-72)

Where a parking garage is not more than four (4) feet above grade, it shall not be considered as a structure for zoning purposes in the RU-4 District except as it applies to the special setback provisions in Section 33-43; the same setbacks shall apply as with surface parking. The garage will not be calculated as a part of lot coverage requirements and will not be allowed in the twenty (20) percent unencumbered area, as enumerated in Section 33-211.1.

If the garage is to be used for parking on the top deck, it must be landscaped according to the provisions of Chapter 18A of the Code of Miami-Dade County; if it is not to be used for parking on the top deck, it shall be developed with landscaping, recreational facilities, etc., with those portions devoted to landscaping being counted as open space pursuant to the provisions of Section 33-216.

(Ord. No. 72-91, § 1, 12-5-72; Ord. No. 82-5, § 1, 2-2-82; Ord. No. 91-36, § 4, 3-19-91)

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

(Ord. No. 82-5, § 1, 2-2-82; Ord. No. 95-223, § 1, 12-5-95)

On each lot there shall be provided an open space equal to a minimum of forty (40) percent of the total lot area. Said open 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 and ingress and egress drives provided that such drives shall not exceed the minimum width required to serve the parking area.

(Ord. No. 72-91, § 1, 12-5-72)

Apartment developments having a minimum of three hundred (300) residential units may have BU-1 type convenience uses not exceeding one thousand (1,000) square feet as an accessory use to apartment developments, 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; and

(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. 72-91, § 1, 12-5-72; Ord. No. 82-5, § 1, 2-2-82)

Editor's note— Ord. No. 82-5, § 1, adopted Feb. 2, 1982, deleted § 33-216.2, concerning site plan reviews, as derived from Ord. No. 72-91, § 1, adopted Dec. 5, 1972.

All requests requiring approval by public hearing may be consolidated into one (1) hearing application.

(Ord. No. 72-91, § 1, 12-5-72)