The principal purposes of the zero lot line concept are:

(1)

The more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost.

(2)

The design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities.

(3)

By placing the dwelling against one (1) of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit.

(Ord. No. 81-9, § 1, 2-3-81)

A zero lot line development, with a maximum of six (6) units per net acre, for one (1) family dwelling only, may be permitted in the RU-1Z, RU-2, RU-TH, RU-3, RU-3M, RU-4, RU-4A, RU-4L and RU-4M Districts without a public hearing upon approval of the site plan(s) by the Department and upon compliance with all other specified conditions in this article. A zero lot line development with greater than six (6) units per net acre shall require a public hearing before the Community Zoning Appeals Board. Where the regulations included herein conflict with regulations included in the individual districts or other sections of Chapter 33, the regulations included herein shall apply.

(Ord. No. 81-9, § 1, 2-3-81; Ord. No. 88-9, § 1, 2-16-88; Ord. No. 94-163, § 1, 9-13-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 29, 9-4-96)

All applications for a zero lot line development shall comply with the following applicable development parameters:

(A)

Uses permitted. Detached one-family dwellings on individually platted lots, including every customary accessory use not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar uses can be used as connecting elements between one-family dwellings on adjacent lots subject to site plan review. Garages, carports and utility storage structures shall be permitted accessory uses; however, said structures shall not be used as connecting elements.

(B)

Minimum lot sizes and widths. Calculation of lot size shall not include any credit for streets, recreation areas, common open space, water bodies, or private roads.

(1)

The minimum net lot size shall be four thousand five hundred (4,500) square feet for sites zoned RU-1Z. For each lot that is less than five thousand (5,000) square feet, there shall be two (2) lots of five thousand (5,000) square feet or greater in size. The minimum lot width shall be forty-five (45) feet.

(2)

The minimum net lot size shall be four thousand (4,000) square feet for sites zoned RU-2, RU-TH, RU-3, RU-3M, RU-4, RU-4A, RU-4L, or RU-4M. For each lot that is less than four thousand five hundred (4,500) square feet, there shall be two lots of four thousand five hundred (4,500) square feet or greater in size. The minimum lot width shall be forty (40) feet.

(C)

Dwelling unit setback.

Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten-foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K).

Front setback. All dwelling structures shall be set back a minimum of twenty (20) feet from the front property line for a minimum of fifty (50) percent of the width of the lot and shall be set back a minimum of ten (10) feet along the remaining width of the lot.

Rear setback. The minimum rear spacing between dwelling units shall be thirty (30) feet between two (2) story units or between a one (1) story and a two (2) story unit. The minimum rear spacing between one (1) story units shall be twenty (20) feet.

Side street setback. The dwelling setback shall be a minimum of fifteen (15) feet from the side street property line.

Accessory buildings and structures shall comply with the following minimum setback requirements.

(D)

Alleys. Alleys shall be permitted in zero lot line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or parking areas.

(E)

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

(F)

Maximum lot coverage permitted. The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area.

(G)

Platting requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in Subsection (N) of this article [section]. The plat shall indicate the zero lot lines and easements appurtenant thereto.

(H)

Building heights. The maximum building height shall not exceed two (2) stories and thirty-five (35) feet in height.

(I)

Integration of interior/exterior areas through the use of penetrable openings. The amount of penetrable opening shall be determined by multiplying 0.018 times the interior floor area, excluding garages, up to a maximum of one thousand (1,000) square feet on the ground floor of a dwelling unit. Said penetrable openings shall be provided to exterior patio court areas and shall be totally visual and physically passable. The amount of penetrable opening for units between one thousand (1,000) square feet and fifteen hundred (1,500) square feet shall be calculated on a basis of 0.014 times the square feet of interior floor area on the ground floor. No additional penetrable opening shall be required when the ground floor square footage, excluding garage, exceeds fifteen hundred (1,500) square feet. In all cases, the final linear dimension of said openings shall be calculated to the nearest even foot.

(J)

Openings prohibited on the zero lot line side. The wall of the dwelling unit located on the lot line shall have no windows, doors, air-conditioning units, or any other type of openings except for the following:

(1)

Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit.

(2)

Windows shall be permitted on the zero lot line side provided said windows are placed at a minimum height of six (6) feet above the finished floor level of any floor adjacent to the wall below the window.

(3)

Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least ten (10) feet from the property line.

(K)

Maintenance and drainage easements. A perpetual four-foot wall-maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches.

(L)

Reserved.

(M)

Trees and shrubs. Trees, as defined within Chapter 18A, Landscaping, shall be provided on the basis of four (4) trees for each platted lot. In addition, street shade trees shall be provided along each side of the roadway(s) at a minimum spacing of thirty (30) feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right-of-way, provided the thirty-foot spacing and the rowing of trees are maintained. This shall be in addition to the four (4) trees required for each platted lot. Existing trees, excluding those trees exempt from the protection provisions within Chapter 26B, Tree Preservation, shall be preserved to the maximum extent practical and shall count towards meeting the total tree requirements. Removal of any existing trees shall be in accordance with the provisions within Chapter 26B, Tree Preservation. A minimum of twenty (20) shrubs of a minimum height of eighteen (18) inches shall be planted in the front yard of each dwelling unit. Where double frontage lots are proposed, a minimum five-foot landscape buffer is required. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(N)

Common open space and maintenance of facilities. Common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the Community Zoning Appeals Board shall be made to assure that nonpublic areas and facilities for the common use of occupants of zero lot line development shall be maintained in a satisfactory manner, without expense to the general taxpayer of Miami-Dade County. Such may be provided by the incorporation of an automatic membership home association for the purpose of continually holding title to such nonpublic areas and facilities, and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space. Such assessments shall be a lien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years. 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. The instrument incorporating such provisions shall be approved by the County Attorney, as to form and legal sufficiency, before submission to the Community Zoning Appeals Board or the Board of County Commissioners, and shall be recorded in the public records of Miami-Dade County, if satisfactory to the Board of County Commissioners.

(O)

Fence/walls requirements. Fences and/or walls, with an overall height of six (6) feet, shall be provided on all side and rear property lines that are located behind the front building line and where said walls and/or fences are needed, as determined by site plan review, to visually screen patio/or deck areas from nearby units, or from public or private roadways. Chain link fencing shall be permitted only when shrubbery is planted with, and along, the fencing; shrubbery shall be provided at a maximum spacing of thirty (30) inches on center with an overall height of twenty-four (24) inches at time of planting. Species selected shall be of a variety that grows to a minimum overall height of six (6) feet. Planting shall be installed and maintained on both sides of a chain link fence where said fence is placed on a property line that divides individual zero lot line lots. Fences and/or walls are not required on property lines which abut a lake, canal, or golf course and other similar areas.

(P)

Storage area. Forty (40) square feet of storage area per unit with outdoor access shall be provided when a garage is not provided.

(Q)

Minimum number of elevations. Projects with fifty (50) or fewer units shall have a minimum of three (3) different elevations. Projects with more than fifty (50) units shall have a minimum of five (5) different elevations.

(R)

Sidewalks. Sidewalks shall be required on both sides of all streets.

(Ord. No. 81-9, § 1, 2-3-81; Ord. No. 83-38, § 1, 6-7-83; Ord. No. 88-9, § 2, 2-16-88; Ord. No. 91-36, § 8, 3-19-91; Ord. No. 93-111, § 1, 10-19-93; Ord. No. 94-163, § 1, 9-13-94; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 30, 9-4-96; Ord. No. 99-39, § 1, 4-27-99)

(A)

[Purpose.] The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria.

(B)

Required exhibits. The following exhibits shall be prepared by design professionals, such as architects and landscape architects, and submitted to the Department of Planning and Zoning:

(1)

A location map indicating existing zoning on the site and adjacent areas.

(2)

Site plan at no less than one (1) inch equals one hundred (100) feet, including the following information:

(a)

Lot lines and setbacks.

(b)

Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features.

(c)

Landscaping in accordance with Chapter 18A of this Code.

(d)

Recreation facilities (if applicable).

(e)

Stages of development, if any.

(f)

Location of off-street parking.

(g)

Indication of exterior graphics.

(h)

Indication of design methods used to conserve energy.

(3)

Floor plans, and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit.

(4)

Information indicating the following:

(a)

Gross and net acreage.

(b)

Lot sizes (dimensions and square footage).

(c)

Building heights and stories.

(d)

Building coverage for each lot.

(e)

Amount of common open space in square feet (if applicable).

(f)

Total trees provided and total trees required in accordance with Chapter 18A of this Code.

(g)

Parking required and provided.

(h)

Such other architectural and engineering data as may be required to evaluate the project.

(C)

Plan review standards. The following criteria shall be utilized in the plan review process:

(1)

Planning studies. Planning studies approved by the Board of County Commissioners that include development patterns or environmental and other design criteria shall be utilized in the plan review process.

(2)

Definition of private outdoor living spaces. The zero lot line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas.

(3)

[Block length.] Visual monotony created by excessive block lengths shall be avoided.

(4)

Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing removal of existing vegetation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen noncompatible uses and ameliorate the impact of noise.

(5)

Buffers. Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided.

(6)

Subtropic architectural characteristics. Architecture and site development should incorporate consideration of the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces and similar features characteristic of subtropical design is encouraged.

(7)

Energy conservation. Design methods to reduce energy consumption are encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of structures, siting of structures in relation to prevailing breezes and sun angles, insulation of structures, use of landscape materials for shade and transpiration, and orientation of breezes.

(8)

Graphics. Outdoor graphics shall be designed as an integral part of the overall design of the project.

(9)

Visual access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be so situated and set back so as to provide unobstructed visual clearance at a roadway intersection.

(10)

Private open space. Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.

(11)

Trash containers. Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors.

(12)

Visual screening for decorative walls. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting zoned or dedicated rights-of-way:

(a)

Wall with landscaping. The wall shall be setback two and one-half (2½) feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials:

(1)

Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

(2)

Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

(3)

Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting.

(b)

Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed in lieu of a decorative wall, landscaping shall not be required.

(Ord. No. 81-9, § 1, 2-3-81; Ord. No. 88-9, § 2, 2-16-88; Ord. No. 95-19, § 21, 2-7-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98)

Any request for a substantial change to a zero lot line plan, previously or hereafter approved in the RU-1 District, shall be reviewed and decided by the Community Zoning Appeals Board.

Any zero lot line projects which were approved prior to the effective date of this Ordinance Number 88-9 as a result of a public hearing shall remain in effect as approved unless modified or rescinded.

(Ord. No. 88-9, § 2, 2-16-88; Ord. No. 96-127, § 31, 9-4-96)

Editor's note— The first sentence of Section 33-284.44.1 has been deleted as obsolete.