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Miami Gardens City Zoning Code

ARTICLE VI

HOUSING

Sec. 34-178.- Purpose and intent.

This article is intended to:

(1)

Promote the development and provision of high quality housing in the city;

(2)

Implement the goals, objectives and policies of the housing element of the city comprehensive development master plan to the maximum extent practicable;

(3)

Implement the recommendations of the city affordable housing advisory committee to the maximum extent practicable;

(4)

Increase and otherwise encourage home ownership opportunities within the city;

(5)

Stimulate private sector production of workforce housing units for ownership, available to families within the range of 65 percent to 200 percent of the area median income;

(6)

Facilitate and encourage residential development that includes a range of high quality housing opportunities through a variety of residential types, forms of ownership, and home sale prices;

(7)

Encourage even and widespread distribution of high quality housing opportunities throughout the city; and

(8)

Ensure that new housing in the city meets high quality development standards.

(Ord. No. 2010-10-218, § 2(6-10), 4-7-2010)

Sec. 34-179. - Administration.

The housing provisions of this section shall be administered by the administrative official of this chapter, in consultation with the community development department. They are authorized to provide interpretations of this article to include but not limited to the definition of workforce housing, target households, and the general implementation and administration of this article.

(Ord. No. 2010-10-218, § 2(6-20), 4-7-2010)

Sec. 34-180. - Definitions.

In addition to definitions of terms generally contained in this chapter, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them as set forth below, except where the context clearly indicates a different meaning:

Area median income (AMI) means the median family income for the city as published by the U.S. Bureau of the Census and the U.S. Department of Housing and Urban Development, unless otherwise specified.

Multiple-family housing means attached housing including, but not limited to, apartments, townhouses, attached condominiums and similar housing types.

Targeted households means those households earning between 65 and 200 percent of the AMI. The city's department of community development shall have final authority to determine the eligibility of targeted households.

Targeted workforce housing means a proposed housing unit that has a purchase price that is deemed affordable for purchase by a targeted household, as determined by criteria and guidelines established by the city community development department. Such criteria and guidelines may include but not be limited to household size, household income, sales price, mortgage eligibility criteria and similar information.

(Ord. No. 2010-10-218, § 2(6-30), 4-7-2010)

Sec. 34-181. - Applicability.

This article shall be applicable to new housing development, and or re-development in the city. The city's minimum housing standards contained in this chapter are hereby referenced as applicable for purpose and intent of insuring the maintenance, general repair and safety of residential structures and properties within the city.

(Ord. No. 2010-10-218, § 2(6-40), 4-7-2010)

Sec. 34-182. - Workforce housing incentives intended for home ownership.

(a)

Policy basis. As part of the city's local housing assistance plan consistent with F.S. § 420.9071(16), the city's affordable housing advisory committee developed recommended housing incentive strategies. These recommendations were adopted by the city council by Resolution No. 2008-186-873 and form the basis for these workforce housing incentive provisions.

(b)

Permitting incentives. Workforce housing that is intended for home ownership shall be eligible for incentives that include the waiver or partial waiver of permit fees and expedited building permitting procedures. These provisions are applicable to all housing types ranging from single-family to attached/multiple-family homes. There is no limit on the number of units that can apply for incentives.

(c)

Impact fees. The city shall have the authority to waive impact fees as a workforce housing incentive, provided that a funding source to pay such fees is identified and available so that required impact fees are paid, and subject to requirements specific to each impact fee.

(d)

Application. Application to obtain workforce-housing incentives shall be made in the form required by the administrative official. Application shall be made and must be approved prior to the issuance of a building permit. At minimum, application to receive workforce-housing incentives shall include the following information:

(1)

The sales price of targeted units to be marketed and sold to households within the income range set forth herein. For ongoing development projects, the city shall have the authority to request sales price data for targeted units every six months. The city's community development department shall make a determination that the sales price of targeted units is reasonable for the targeted households/potential buyers;

(2)

Specific household income and corresponding household size of targeted households;

(3)

Anticipated value of incentive being requested;

(4)

Site plan and floor plans for the proposed development.

(e)

Approval and disbursement. Approval of monetary workforce housing incentives shall be by the city council. Additional provisions are as follows:

(1)

Workforce housing fee incentives shall be reimbursed by the city upon submission of documentation that the purchaser/target household and housing unit sales price conform to city-approved requirements for such incentives.

(2)

Documentation shall be provided in a form required by the city.

(3)

Prior to receipt of monetary workforce housing incentives, a restrictive covenant shall be executed and recorded in the public records of the county, restricting the ownership of the individual housing unit to a target household for ten years.

(4)

If compliance with approvals have been documented and approved by the city, the city may reimburse an approved monetary workforce housing incentive to the entity disbursing closing proceeds provided that disbursement is made simultaneous with the transfer of title from the seller to the target household buyer.

(5)

For the first five years after the initial closing on the home, the purchaser/owner is required to submit on an annual basis an affidavit, as prepared by the city, certifying that the dwelling unit is owned by a qualified target household or the original purchaser, as applicable. Such annual affidavit shall be due one year after the incentives are disbursed, or otherwise completed.

(f)

Other potential incentives. In addition, the city shall have the authority to provide and otherwise favorably consider the following incentives for workforce housing intended for home ownership:

(1)

Density bonuses for increased density;

(2)

Reduced parking requirements;

(3)

Reduced setback requirements;

(4)

Zero-lot-line housing; and

(5)

Street requirement reductions.

Reductions and allowances must be approved by the city council pursuant to procedural requirements applicable to the specific incentive.

These provisions shall not apply to the PCD Planned Corridor Development zoning district.

(Ord. No. 2010-10-218, § 2(6-50), 4-7-2010)

Sec. 34-183. - Requirements for all housing.

The city is committed to the provision of quality development in general and quality housing in particular. This chapter, in its entirety, includes many requirements that apply to housing development. The following requirements are referenced here for information and emphasis of their importance to the provision of quality housing in the city and the need to comply therewith:

(1)

Minimum living area requirements.

(2)

Landscape requirements.

(3)

Design requirements.

(4)

Development review procedures and requirements.

(Ord. No. 2010-10-218, § 2(6-60), 4-7-2010)

Sec. 34-184. - Authority of city to stipulate conditions for maintenance and operation.

The city's administrative official shall have the authority to impose reasonable conditions, enhancements and maintenance requirements upon housing that include but are not limited to the following:

(1)

Stipulations and conditions that ensure housing quality and mitigate impacts of the development upon the community.

a.

Imposition and requirement of additional architectural enhancements including, but not limited to specific materials, varied materials and textures, fenestration features for walls, windows and entryways, tie wall and roof variations to facade, vertical plane undulation for facades, enhanced landscape beyond requirements of this chapter, entry features and other similar features beyond standard design features and requirements contained in this chapter;

b.

Incorporation of Crime Prevention Through Environmental Design (CPTED) strategies;

c.

Construction and/or resurfacing of neighborhood streets including, but not limited to curb and gutter section profile specified by the city;

d.

Construction and/or reconstruction of nearby sidewalks to insure interconnectedness to existing sidewalk system and to attractors such as shopping centers and schools;

e.

Construction and/or reconstruction of intersections and/or sidewalks to include textured/decorative pavement type, pavers and like materials/treatments for sidewalks and intersections;

f.

Construction and/or reconstruction of pedestrian amenities including, but not limited to crosswalks, bus shelters, signals, and/or similar amenities;

g.

Neighborhood landscape including, but not limited to specific street trees placed in adjacent and nearby rights-of-way;

h.

Street lights adjacent to development and proximate to site;

i.

Specific financial contribution to neighborhood facilities including, but not limited to city-owned parks;

j.

Stipulations related to maintaining an active building permit for the construction of the project and timeframe for obtaining a certificate of occupancy;

k.

Stipulations regarding the provision of construction fence surrounding the property or portion thereof under construction;

l.

Stipulations regarding the removal of construction debris and storage of construction materials;

m.

Stipulations regarding maintaining a safe and clean site, including scheduling of the cutting of grass and overgrowth meeting the approval of the director; and

n.

Imposition of timeframes associated with meeting conditions and stipulations.

(2)

Operational and maintenance restrictions.

a.

Renter's or homeowners' association rules governing the development; the requirement to create such association prior to the issuance of a certificate of use;

b.

Rental and/or leasing restrictions and stipulations imposed upon renters, visitors and/or owners of residential units including, but not limited to written approval of the owner or board of directors of the homeowners' association for renting/leasing, background check requirements, lease purchase provisions, related conditions relative timeframes, related stipulation for specific units, and any other similar or related provisions deemed appropriate and necessary to insure continued maintenance of the development;

c.

Scheduled painting of the exterior of buildings, walls, and fencing commencing within specified time intervals after initial project completion;

d.

In-ground irrigation system installed, maintained, and operated to service all areas of the property;

e.

Requirement or covenant to insure perpetual maintenance of common areas, including, but not limited to recreational and landscaped areas, on the property as funded by the owner, homeowners' association or management;

f.

Scheduled lawn mowing and pruning of landscape related to growing season;

g.

Prohibiting of resident or guest vehicles on any public or private roads, lawns, or swale areas;

h.

Prohibiting the enclosure of garages to create additional living space;

i.

Prohibiting derelict or abandoned vehicles on the property;

j.

Removal of graffiti within specified timeframe;

k.

Fixing potholes within specified timeframe;

l.

Repair of damage to perimeter fences or walls within specified timeframe;

m.

Preventing the amount of impervious parking area in the front of any building or residential unit to be increased beyond that depicted on the submitted development plans;

n.

Posting of operational and maintenance restrictions in open view in a common area or designated location at all times.

(Ord. No. 2010-10-218, § 2(6-70), 4-7-2010)

Sec. 34-185. - City inspection.

Any official inspector of the city, or its duly authorized agents, shall have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are met.

(Ord. No. 2010-10-218, § 2(6-80), 4-7-2010)

Sec. 34-186. - Incentives for providing workforce housing.

Bonuses for workforce housing dwelling units may be awarded for developments with at least 25 percent workforce housing units. Workforce housing units refer to rental units, single-family or multifamily homes for individuals or families whose incomes are within 60 to 140 percent of the county's area median income as adjusted for family size. In order to qualify for a bonus, the developer shall record a declaration of restrictive covenants in favor of the city that guarantees that the specified number of dwelling units will be reserved as workforce housing units for the duration of the covenant as provided by law.

(Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

Sec. 34-187. - Available incentive bonuses.

(a)

Increased impervious area incentive bonus.

(1)

A development may exceed the maximum impervious area allowance of article XI by 15 percent maximum.

(2)

This incentive is awarded based on percentage of net lot area. For example, a ten-percent bonus increase in allowable impervious area is an additional ten percent of the net lot area that can be covered with an impervious surface.

(3)

Impervious area bonuses do not waive or vary the landscape buffers required in section 34-589.

(b)

Increased building height incentive bonus. This bonus allows to add one extra story to the building beyond the height limit permitted in article XI of this chapter.

(c)

Reduce average dwelling unit floor area incentive bonus. Article XI of this chapter establishes a minimum average dwelling unit size for multiple-family developments. This requirement may be reduced by up to 50 square feet with this incentive bonus.

(d)

Expedited permits bonus. The city may offer expedited permitting for building plans review, site plan review and other reviews to expedite development or meet the applicant's time constraints.

(Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)