(A)

General provisions.

(1)

Purpose. It is the purpose of this section to provide a townhouse zoning district in order to permit separate ownership of one-family dwelling units upon compliance with certain rules, regulations, and standards, and to authorize the grouping of separately owned one-family dwelling units into townhouses in such a manner as to make efficient, economical, and aesthetically pleasing use of land, so restricted that the same will be continually well maintained in order to preserve the health, welfare, safety, morals, and convenience of the neighborhood and surrounding area.

(2)

Definition. As used in this section, a townhouse is a one-family dwelling unit of a group of three or more such units separated by a common party fire wall. The common party fire wall shall extend to the roof line or above the roof of units which it serves, and shall be constructed of eight-inch thick, steel reinforced masonry block, brick, or poured concrete and shall have no openings therein. Where units are offset from one another and a common party wall is used, the wall may be placed equidistant on each side of the lot line, not exceeding the length of the offset. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and other facilities and shall otherwise be independent of one another.

(B)

Uses permitted. Those uses permitted in the R-1D district and conforming to the regulations for that district as provided in § 150-044.

(C)

Restrictions. Townhouses are subject to the following restrictions.

(1)

Densities. The maximum number of units per net acre shall not exceed ten.

(2)

Grouping length. A grouping of townhouses shall not exceed 150 feet in length and shall not contain more than six units.

(3)

Unit size. No townhouse shall be smaller than 900 square feet, and the average size of the townhouses in any grouping shall be a minimum of 1,100 square feet.

(4)

Height. No townhouse shall exceed two stories or 35 feet in height. The height of abutting townhouse units shall vary by plus or minus five feet.

(5)

Development site street frontage. The minimum continuous street frontage required for a site to be developed for townhouses shall be 250 lineal feet.

(6)

Lot area for each unit. No townhouse unit site shall contain an area of less than 2,000 square feet, and each unit shall have its foundation on its individual site, except where the units are separated by a common party wall in which event the foundation may be installed equidistant on each side of the lot line for the length of the party wall and its extension along the offset of the townhouses on abutting lots.

(7)

Front yard requirements. The front setback shall vary with adjacent townhouse units by a minimum of three feet to create a staggered front and roof line within each attached grouping; however, there shall be a 15-foot minimum distance from the front property line to the closest front building line. If a garage is provided at the front of the townhouse unit, the garage portion of the structure shall be set back not less than 20 feet from the front property line. The front yard is to be maintained as landscaped open space with no vehicular parking permitted therein, and it shall be enclosed with a 30-inch high, City-approved, ornamental wall constructed along each front property line and along each side lot line or common boundary line, or along the driveway entrance if a garage is provided at the front.

(8)

Rear yard requirements. The minimum rear building setback shall be 25 feet.

(9)

Side yard requirements. A minimum side yard of 15 feet shall be provided between the end of a group of townhouses and a public or private street or alley.

(10)

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

(11)

Utilities and services. Each townhouse shall be independently served by separate heating, air conditioning, sewer, water, electrical power, gas, and other facility and utility services, and no townhouse shall be in any way dependent upon services or utility lines located within another unit, or on, or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided.

(12)

Parking standards and requirements. See § 150-016.

(13)

Walls. All patio, outdoor living areas on each townhouse site shall be enclosed by a wall affording complete screening except in cases where a natural feature of the site such as a lake or golf course would suggest that complete screening would not be required. This determination shall be made as a result of the site plan review process as provided herein. The wall shall be of masonry or other material having a life expectancy of not less than ten years and the minimum height of the wall shall be six feet; the walled-in patio may include a screen roof. All rear yard areas used for service, such as drying areas, shall be completely screened from view from the street and from adjoining lots by walls or landscaping. Front yards shall be enclosed by walls as set forth in division (C)(7) above.

(14)

Accessory buildings. No accessory building shall be permitted in unwalled areas on sites containing a townhouse, and where located within an area enclosed with walls, shall not extend above the height of the wall.

(D)

Site plan.

(1)

Review.

(a)

Approval. Any townhouse development shall be required to have the site and development plans approved as provided herein before a building permit is issued, to insure that development is in accord with the intent of this district. It shall be the responsibility of the City Planning and Zoning Board to review the plans, and to make recommendations for modification, approval, or denial.

(b)

Applications. Applications for site and development plan approval shall be submitted to the building and zoning department according to the provisions of the Zoning Code and the additional requirements and procedures specified herein.

(c)

Purpose and requirements. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and insure the congruity of the proposed development and its compatibility with the surrounding area. Exhibits prepared by design professionals such as architects and landscape architects will be submitted to the building and zoning department and shall include, but not be limited to, the following.

1.

A site plan including the following information:

a.

Lot lines and setbacks.

b.

Location, shape, size, and height of existing and proposed buildings, vehicular and pedestrian circulation systems, recreational facilities, and any other physical features that are proposed for the site that can be shown in plan form.

c.

Existing and proposed landscaping.

d.

Location of all parking spaces and a waste collection area or areas.

e.

Indication of exterior graphics.

2.

Floor plans and elevations for typical town-house units and floor plans and elevations of any recreational buildings, community buildings, and other similar structures. The plan or plans for units shall indicate the private outdoor areas (patio space) for the individual unit or units.

3.

Figures indicating the following.

a.

Gross and net acreage.

b.

Amount of common open space in square feet and percentage required and provided.

c.

The size in square feet for the smallest and average townhouse sites.

d.

Total trees required and provided.

e.

Parking required and provided.

f.

Such other design data as may be needed to evaluate the project.

(2)

Criteria.

(a)

Purpose and intent. The proposed development fulfills the objectives of this section.

(b)

Planning studies. Design, planning studies, or neighborhood area studies approved by the City Council that include development patterns or environmental design criteria which would apply to the development proposal under review shall be utilized in the plan review process.

(c)

Landscape. Landscape shall be reserved in its natural state insofar as is practicable by minimizing tree removal. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to site, visually screen noncompatible uses and block noise generated by the major roadway and intense use areas. Also, a maximum amount of green space shall be provided to enhance drainage and percolation, and improve ground water quality.

(d)

Buffers. Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.

(e)

Scale. Scale of proposed structures shall be compatible with surrounding proposed or existing uses or shall be made compatible by the use of buffering elements.

(f)

Visibility. No obstruction to visibility at street intersections shall be permitted, and such visibility clearances shall be as required by the department of public works.

(g)

Parking. Private parking shall not be in adjacent groups of more than four spaces, the group to be separated by the use of landscape elements. Where parking is provided in a group arrangement, planting berms or other innovative methods shall be used as a means of minimizing the adverse effect of the visual impact of parked cars. This requirement is in addition to the requirements of the landscape regulations for off-street parking lots. Parking shall not be permitted in any front yard or required side yard area.

(h)

Open spaces. Open spaces shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible.

(i)

Privacy. Due consideration of aural and visual privacy shall be evidenced in the design of the overall development and in the design of the individual unit.

(j)

Graphics. Graphics, as required, shall be designated as an integral part of the overall design of the project.

(k)

Emergency access. Access to emergency equipment shall be provided.

(E)

Maintenance of common area. Provisions satisfactory to the City Council shall be made to assure that nonpublic areas and facilities for the common use of occupants of a townhouse development, but not in individual ownership of the occupants, shall be maintained in a satisfactory manner, without expense to the general taxpayer of Miami Springs. This may be provided by the incorporation of an automatic membership home association for the purpose of continuously holding title to the nonpublic areas and facilities, and levying assessment against each townhouse lot, whether improved or not, for the purpose of paying the taxes and maintaining the nonpublic areas and facilities which may include, but not be limited to, recreational areas, off-street parking bays, private streets, sidewalks, streetlights, and common open and landscaped areas. The assessments shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided the mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten years. Other methods may be acceptable if they positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating the provisions shall be approved by the City Attorney as to form and legal sufficiency and shall be recorded in the public records of the county at the time of the recording of the subdivision plat.

(F)

Platting requirements. Each townhouse unit shall be located on its own individual platted lot. If areas for common use of occupants of a townhouse development are shown on the plat, the areas shall not be approved until satisfactory arrangements are made for maintenance, as provided by division (E) above.

(G)

Surety performance bond. The City may, in its discretion, require a surety performance bond to insure that the owner and developer will comply with the requirements and provisions of this section, or such other security as may be deemed appropriate by the City Council.

(H)

Fees and appeals.

(1)

Application fee. Each application filed with the building and zoning department shall be accompanied by the payment of a nonreturnable fee in the minimum amount of $300.00 or $50.00 per dwelling unit, whichever is greater, to cover the expenses incurred by the City in processing and reviewing the application for development.

(2)

Reimbursement to City. The applicant shall reimburse the City for the cost of any legal or engineering services which exceed the usual and normal amount of services rendered to the City in reviewing or processing any application, so long as the additional services were required as a result of the applicant and his application.

(3)

Review. The City Planning and Zoning Board shall have the responsibility to review all site and development plans and to make recommendations for modifications, approval, or denial to the City Council in accordance with division (D)(1) above and §§ 150-101—150-102.

(4)

Appeal. Any decision or recommendation by the City Planning and Zoning Board may be appealed or reviewed by the City Council in accordance with the procedures set forth in § 150-113.

(Ord. 696-84, passed 9-10-84; amend. Ord. 760-90, passed 3-26-90)