This article shall be known as the "Hometown District Overlay Zone" (HD).

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 25-99-1699, § 1, 12-21-99)

(A)

Intent. The Hometown District Overlay Zone implements a mixed-use commercial/residential land use category that is characteristic of traditional downtowns. It is intended to provide for different levels of retail uses, office uses, retail and office services and residential dwelling units with an emphasis on mixed use development. In order to assure a mix of uses, the City requires that a minimum of two of the above uses must be included within each project. The land development regulations contained herein reinforce South Miami's Comprehensive Plan by establishing new standards for development as an overlay to existing development regulations within the boundaries of the Hometown District. These new regulations intend to invigorate the economic and social vitality of South Miami's "main street" business center, distinct from enclosed malls and strip development, by the following actions:

(1)

Enhance South Miami's community identity and sense of place through the design and placement of buildings and streets to create a distinct "hometown" town center.

(2)

Reduce commuter traffic demand on streets within the Hometown District to permit wider sidewalks and reduced traffic noise, velocity, and air pollution.

(3)

Use buildings, arcades, trees, and modifications to street widths, curbs and sidewalks to create a shaded, interesting and safe environment that works for pedestrians as well as for cars.

(4)

Emphasize the use of incentives such as reduced parking requirements and expedited permit processing to achieve a balance of retail, service, office, and residential uses characteristic of healthy town centers.

(5)

Implement a parking code that treats parking as an element of public infrastructure in an urban center (instead of a private matter in a strip center) and that recognizes the shared parking benefits of vertically mixed development and the opportunities of an enhanced Metrorail connection.

(6)

Establish a development review process that is timely and predictable and that requires no discretionary review of projects that conform to the specifications provided in these new standards.

(B)

Applicability. The requirements of this Article shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provisions of this Article shall control.

(1)

Exception. Lands zoned Transit-Oriented Development District (TODD) and located within the Hometown District Overlay (HD-OV) shall be governed by the requirements of Article 8, Transit-Oriented Development District (TODD).

(C)

Boundaries. The boundaries of the HD shall be as delineated on the City's Official Zoning Map as an overlay zone with the symbol "HD-OV" and on the HD Regulating Plan, as amended from time to time.

(D)

Permitted Heights, Densities and Intensities: The following standards shall be applicable within the HD:

(1)

Maximum Height: 4 stories and maximum height shall not be greater than fifty (50) feet.

(2)

Maximum Residential Density: 24 units/per acre

(3)

Maximum Floor Area Ratio for the Total Development: 1.6

(E)

Mixed Use Standards. The following standards requiring a mix of land uses shall be applicable within the HD:

(1)

Residential Projects: At a minimum, the first floor must allow retail.

(2)

Retail Projects: At a minimum, at least one floor must contain residential units or office. The total floor area of the residential units or office uses must be at least 20 percent of the gross floor area of the building total.

(3)

Office Projects: At a minimum, at least one floor must contain residential units or retail. The total floor area of the residential units or retail uses must be at least 20 percent of the gross floor area of the building.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 25-99-1699, § 1, 12-21-99; Ord. No. 07-17-2277, § 1, 4-4-17; Ord. No. 17-20-2371, § 3, 6-2-20)

(A)

Pre-Application Conference. All applicants filing an application for a development permit (ADP) within the Hometown District shall first attend a meeting with the director of building, zoning and community development or other designated official (director) to discuss and analyze the proposed application in a non-binding forum.

(B)

Application for Development Permit. The contents of an ADP shall be as provided in Chapter 20 of the Code, except that all such application shall include the following items:

(1)

Application Form: completed, signed, and notarized.

(2)

Surveys: Two (2) signed and sealed surveys, showing existing structures, boundaries, rights-of-way and easements of record.

(3)

Fee: Assessed per fee schedule at time application is filed.

(4)

Site Plan: Three (3) copies of the site plan (see site plan requirements).

(5)

Building Elevation Drawings: Three (3) copies of the drawings. Building elevations may be schematic in nature, but shall be drawn to scale, be properly dimensioned, and shall indicate proposed building materials and exterior surfaces and finishes. All drawings shall demonstrate treatment of required elements.

(C)

Completeness. ADP shall be reviewed for completeness per Section 20-5.4 of the Code.

(D)

Review. A complete ADP shall be reviewed by the Director. If the ADP is determined to be in conformance with the Hometown District Standards, the application shall be processed for approval pursuant to the applicable provisions of the Code and the development permit issued by the Director without further review by the Planning Board, DRB or the City Commission.

(E)

ADP Not Conforming to HD Standards. If the ADP includes a use that requires approval as a special use, or if the ADP does not conform to the Hometown District Standards (other than nonconformance with the Architectural Standards), the application shall be processed as provided in Sections 20-5.5 through 5.9, as appropriate.

(F)

ADP Not Conforming to HD Architectural Standards. ADPs not conforming to the Architectural Standards shall be reviewed by the DRB pursuant to the site plan review process established in Section 20-5.11 of the Code.

(G)

Established Nonconforming Uses. The provisions of Sections 20-3.3(B) and 20-4.8 shall apply to established nonconforming uses within the HD boundaries.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

The site plan shall indicate the footprint of the building(s), building entrances, locations of porches, balconies, colonnades and arcades, driveways or parking surfaces, the locations for fences or garden walls, and landscaping (landscaping plan may be a separate drawing). All landscaping shall conform to the landscaping requirements pursuant to Section 20-4.5, City of South Miami Land Development Code. The site plan shall also contain the following information:

(A)

The names of the owner of the property, architect, landscape architect, engineer, and developer or contractor;

(B)

The north arrow, scale, and date;

(C)

Legal description of the site, plus folio number and address if available;

(D)

Location sketch and type of street classification;

(E)

Site boundaries clearly identified and dimensioned;

(F)

Existing features (trees, water, structures) including topography;

(G)

All rights-of-way, dedications, easements, property lines, existing streets, buildings, and other existing physical features in or adjoining the project;

(H)

The location and dimensions of build-to and setback lines;

(I)

The location, dimensions and character of construction of proposed curb cuts, building entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting systems;

(J)

Locations of and dimensions of all proposed buildings, excavations, and structures to lot lines and to each other;

(K)

The location and dimension of all pedestrian walkways and sidewalks;

(L)

Sewer and water feeds indicating location and sizing; and

(M)

The following computations: (a) total acreage; (b) number of dwelling units and density, and retail and office use square footages; (c) total lot coverage; (d) total open yard space; (e) number of parking spaces; (f) percentage of built lot frontage.

(N)

Existing and proposed location of all utility lines both above and below ground.

Terms used throughout this article shall take their commonly accepted meaning unless otherwise defined in the Code. When there are conflicts between the Code and this article, this article shall control terms requiring interpretation specific to this article as follows:

Accessway: A street or driveway which traverses a parcel providing access to an abutting street, alley, or other vehicular use area.

ADP: Application for development permit: An application for any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action of the city having the effect of permitting land development.

Alley: A 20′—24′ wide way providing access to the rear of lots and buildings.

Arcade/colonnade: A covered, open-air walkway at standard sidewalk level attached to or integral with the building frontage; structure overhead is supported architecturally by columns or arches along the sidewalk; required to extend beyond the build-to line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a city street, or elsewhere if approved by the entity controlling the right-of-way.

Building depth: The absolute distance between the outer wall surface of the building frontage and the outer wall surface of the rear wall of the building.

Building frontage: The side of a building which faces the primary street.

Build-to line: An alignment established a certain distance from the property line, along which the building shall be built. Front porches and handicap ramps shall be exempt from build-to line requirements, and must occur behind the property line.

Clear zone: In the corners created by the intersection of two (2) streets, the area outside of an established radius which shall be kept clear of obstructions to emergency vehicles. A smaller corner curb radius may occur within a clear zone.

Contributive buildings: Buildings officially identified on the regulating plan for their architectural merit, historic significance, or effectiveness at creating quality public spaces; these properties are to receive special consideration for parking.

Corner curb radius: The radius of the curved street edging at intersections. Radii shall not exceed the appropriate maximum prescribed in the Street Standards.

DRB: The Design Review Board, an appointed board of the City of South Miami as set forth in Article VI, Section 20-6.1(C).

Expression line: An exterior cornice or molding delineating the division between the first story and the second story.

Fence line: The alignment along which fences, walls, or hedges shall be located.

Front porch: An un-airconditioned roofed structure, at the ground floor level or first floor level, attached to the front of a building, open except for railings and support columns.

Ground floor area: The area on the ground occupied by a building, excluding arcades and colonnades.

Historic building: A building that has been designated by the City of South Miami per the historic preservation portion of the regulations.

Lot coverage: The percentage of the gross area of a given lot which contains buildings. Outbuildings do not count toward lot coverage.

Lot frontage: The property line adjacent to the primary street right-of-way.

Open yard space: The portion(s) of a lot free of buildings or impervious surfaces.

Outbuilding: A separate building detached from the primary building on a lot.

Parking surface: An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or concrete.

Stoop: A small platform or staircase leading to the entrance of a house or building. A stoop may occur forward of the build-to line only when the stoop does not restrict free movement of pedestrians along sidewalks.

Story: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. All stories will be counted towards the maximum building height, but there is no limit on the height of a story.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 12-96-1612, §§ 8, 9, 7-30-96; Ord. No. 07-17-2277, § 2, 4-4-17; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

Hometown District Parking. Properties in the Hometown District are not subject to the minimum parking standards of Section 20-4.4(B).

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 8-96-1608, § 1, 5-21-96; Ord. No. 7-99-1681, § 1, 4-13-99; Ord. No. 8-99-1682, § 1, 5-4-99; Ord. No. 24-05-1846, § 1, 7-26-05; Ord. No. 18-06-1886, § 1, 8-1-06; Ord. No. 11-07-1912, § 1, 5-1-07; Ord. No. 15-07-1916, § 1, 6-5-07; Ord. No. 30-08-1965, § 3, 8-5-08; Ord. No. 31-09-2023, § 2, 12-8-09; Ord. No. 11-19-2324, § 2, 4-16-19; Ord. No. 14-20-2368, § 2, 5-19-20)

The uses below are applicable to both new and existing buildings in the Hometown District:

(A)

Storefront Uses:

Antique or Curio Shop

Bakery

Bank or Savings Institution

Beauty/Barber Shop or Beauty Spa

Bicycle Sales and Services

Book or Stationery Store

Bowling Alley/Restaurant/Entertainment Center

Bus, Machine Sales and Services

Bus, Transit or Taxi Terminal

Camera and Photo Supply Store

Carpeting or Flooring Sales

Clothing or Apparel Store new only

Computer Supplies and Services

Confectionery or Ice Cream Parlor

Consumer Electronics or Music Store

Cosmetics Store

Dairy Products Store

Day Care Center

Deli

Department or Dry Goods Store

Drinking Place

Drug, Sundry Store not selling prescription drugs

Dry Cleaning Substation no processing

Fabric or Drapery Shop

Film Processing, Retail

Florist

Fraternal Organization or Private Club

Gift, Novelty or Souvenir Shop

Grocery Store

Hardware Store

Hobby, Toy or Game Shop

Home Furniture or Furnishings Store

Household Appliance Store

Inter Decorator, Showroom/Salesroom

Jewelry Store

Laundromat

Lighting Fixtures Store

Liquor Store

Luggage or Leather Goods Store

Mail and Parcel Center

Messenger or Courier Services

Museum, Library or Art Gallery

Newsstand

Office Supplies

Opticians or Optical Goods, Showroom

Paint, Glass and Wallpaper Store

Pet Sales or Grooming Services

Pharmacies and Medical Marijuana Retail Centers**

Photographic Studio

Physical Fitness Facility

Picture Framing Store

Poultry, Meat or Seafood Market

Restaurant, General or Walk Up

Sewing/Needlework/Piece Goods Store

School*

Shoe Repair Shop

Shoe Store

Sporting Goods Store

Tailor or Seamstress

Tanning Studio

Theater or Cinema

Tobacco Shop

Used Merchandise Store: Antiques

Used Merchandise Store: Consignment*

Variety Store

Videotape Rental Store

Watch and Clock Sales and Repair

B.

Office Uses:

Accounting and Auditing Services

Acupuncturist

Advertising Agency

Architectural Services

Beauty/Barber Shop or Beauty Spa

Building Contractors Office

Chiropractic Office or Clinic

Counseling Services

Credit Reporting Services

Dentist Office

Dry Cleaning Plant*

Employment Agency

Engineering Services

Governmental Administration

Insurance Agency

Interior Designer, Office only

Investigative Services

Investment and Tax Counseling

Laboratory: Medical or Dental

Law Office

Loan or Finance Agency

Market Research Services

Massage Therapist

Medical Office

Notary Public

Office, Business or Professional

Opticians or Optical Goods, office only

Personal Skills Instruction Studio

Physical Therapist

Planning and Zoning Consultant

Public Relations Services

Radio and TV Broadcasting Station

Real Estate Agency

Reproduction and Stenographic Services

Social Services Agency

Stock Brokerage Services

Telephone Answering Services

Tutorial Services

Travel Agency

C.

Residential and Lodging Uses:

Boardinghouses

Dwelling, Townhouse

Dwelling, Multi-Family (Efficiency)

Dwelling, Multi-Family (1+ bedrooms)

Hotel

Community Residential Home

 * Uses marked with an asterisk require a special use permit with City Commission approval pursuant to Sections 20-3.3(D) and 20-3.4(B). All other uses are permitted of right. Outdoor dining is permitted of right in special pre-approved areas (see Regulating Plan).

** Uses require a special exception permit approved by the City Commission pursuant to Section 20-7.51.

In addition to the uses above, monumental civic building uses are encouraged in the Hometown District and in particular for certain strategically located sites. Civic building uses shall include, for example: City, county, state, or federal buildings, including library, post office, meeting hall, administrative offices, performance place, police substation, and similar uses.

Planned Unit Developments shall not be permitted in the Hometown District.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 15-01-1746, § 2, 7-24-01; Ord. No. 07-07-1908, § 2, 3-20-07; Ord. No. 12-08-1947, § 2, 3-18-08; Ord. No. 01-14-2179, § 1, 1-7-14; Ord. No. 18-14-2196, § 1, 9-2-14; Ord. No. 20-14-2198, § 1, 9-16-14; Ord. No. 04-17-2274, § 3, 3-21-17; Ord. No. 04-18-2293, § 2, 3-6-18; Ord. No. 11-19-2324, § 3, 4-16-19; Ord. No. 41-19-2354, § 4, 12-3-19; Ord. No. 14-20-2368, § 2, 5-19-20; Ord. No. 09-22-2430, § 6, 4-19-22)

Editor's note— Ord. No. 14-20-2368, § 2, adopted May 19, 2020, changed the title of § 20-7.12 from permitted and special uses and parking requirements to permitted and special uses.

The regulating plan graphic is a site-specific component of the Land Development Regulations for the Hometown District. For each lot, information is designated such as: the location and dimensions of build-to lines; locations where arcades over the sidewalk are required, and representative locations where arcades are permitted but optional; locations for alleys or rear accessways, and curb cuts; locations where outdoor dining is pre-approved; and locations of special areas and contributive buildings.

(Ord. No. 19-93-1545, § 1, 10-19-93)

Because of the irregular geometry of a few lots caused by the intersection of US1 with other streets in the Hometown District, and other lot-configuration constraints, certain properties may not be required to meet all of the provisions in the Basic Standards but may be subject to customized regulatory conditions instead, at the discretion of the director of building, zoning and community development. The customized regulatory conditions for each of the special areas are as follows:

(A)

Special Area #1: Maximum lot coverage and minimum open yard space requirements are waived for properties in this area. Building frontage requirements shall be observed for property lines facing both Red Road and U.S. 1. Design is subject to DRB review.

(B)

Special Area #2: Maximum lot coverage and minimum open yard space requirements are waived for properties in this area. Buildings shall have two (2) front sides, meeting storefront design requirements. Building frontage requirements shall be observed for all frontages including U.S. 1, SW 58th Avenue, and SW 71st Street. Design is subject to DRB review.

(C)

Special Area #3: A gasoline/service station is a permitted use in this area, subject to DRB review of the specific design. For any other use, building frontage requirements shall be observed for property lines facing both U.S. 1 and SW 73rd Street.

(Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

The architectural standards are pre-approved and are intended to provide a degree of predictability about the quality of building designs and to promote harmony among buildings without requiring an appearance before and approval by a review board for every project. Applicants with projects which conform to these standards may obtain approval from the departmental staff without appearing before DRB. Appearance before DRB remains an optional route.

Wherever these architectural standards may conflict with the City of South Miami Land Development Code, these architectural standards shall apply for properties within the Hometown District.

The lists of permitted materials and configurations come from study of traditional buildings found in South Florida and have been selected for their appropriateness to the visual environment and climate.

A primary goal of the architectural standards is authenticity. The standards encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. The standards generally discourage `imitation' materials, such as simulated wood, to avoid a tacky image for the neighborhood.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

All construction must comply with The Florida Building Code, the latest edition, as amended and adopted by the Miami-Dade County Florida Board of County Commissioners and any and all revisions made subsequent to that date.

The following shall be located in rear yards or sideyards not facing side streets:

• Window and Wall Air Conditioners

• Air Conditioning Compressors

• Irrigation and pool pumps

The following shall be located in the rear yards only:

• Clotheslines, Clothes Drying Yards

• Utility Meters

• Antennas and Satellite Dishes

• Barbecues

• Swimming Pools and Tubs

No materials shall be used that attempt to fake the appearance of some other material. The following are prohibited:

• Inoperable Shutters or Undersized Shutters or Plastic Shutters

• "Ribbon Windows" or Horizontal Stripes of Glass

• Reflective and/or Bronze-tint Glass

• Plastic or PVC Roof Tiles

• Backlit Awnings

• Glossy-finish Awnings

• Styrofoam Moldings below the second floor level

• Chain link, barbed wire, or wire mesh fences

Drawings submitted as part of an ADP shall be signed and sealed by an architect registered in the State of Florida.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 17-11-2090, § 1, 4-19-11)

All new landscaping shall conform to Section 20-4.5, Landscaping Requirements, of the City of South Miami Land Development Code.

In addition, all new landscaping must incorporate the following xeriscape principles. Only drip irrigation shall be used for trees, shrubs, and plants. Sod shall be irrigated with moisture sensitive controls. Systems using timers are not allowed.

(Ord. No. 19-93-1545, § 1, 10-19-93)

The number, size, character, location and orientation of proposed signs and lighting shall be as necessary to ensure the safety of vehicular and pedestrian traffic.

The regulations affecting the design, erection, maintenance, and permitting of signs are established in Section 20-4.3, Sign Regulations, and Section 20-5.16, Sign Permit Approvals, of the City of South Miami Land Development Code.

(Ord. No. 19-93-1545, § 1, 10-19-93)

(A)

Materials.

• Concrete Masonry Units with Stucco (C.B.S.)

• Reinforced Concrete with Stucco

• Wood, painted or natural (cypress and cedar preferred)

• Architectural Finish or Precast Concrete (Sandblasted)

(B)

Configurations.

• Concrete Masonry Units with Stucco (C.B.S.)

• Stucco: with smooth or light texture

• Wood:

• Channel Rustic 7″ to the weather

• Lap Horizontal 5″ to the weather

• Shiplap Horizontal 4″ to the weather

• Board and Bead

(C)

General Requirements. An expression line shall delineate the division between the first story and the second story. An expression line shall either be a cornice or molding extending a minimum of two (2) inches, or a change in the surface plane of the building wall greater than two (2) inches.

(Ord. No. 19-93-1545, § 1, 10-19-93)

(A)

Materials.

• Concrete Masonry Units with Stucco (C.B.S.)

• Reinforced Concrete with Stucco

• Wood, painted or natural (cypress & cedar preferred)

• Wrought Iron

• Anodized Aluminum

• Coral (limestone)

• Coquina

• Architectural Finish Concrete or Precast Concrete (Sandblasted)

(B)

Configurations.

• Concrete Masonry Units with Stucco (C.B.S.)

• Stucco: with smooth or light texture to match building walls

• Wood:

• Picket Fences: minimum 30% opaque, w/corner posts

• Other: to match building walls

• Wrought Iron or Aluminum: Vertical, ⅝″ minimum dimension, 4″ to 6″ spacing

• Coral or Coquina: vertical or battered

• Architectural Finish Concrete to match building walls

(C)

General Requirements. Fences, garden walls and hedges shall be minimum thirty (30) percent opaque.

Height along front and side property lines: 30″ to 36″

Height along rear property lines: 36″ to 60″

(Ord. No. 19-93-1545, § 1, 10-19-93)

(A)

Materials.

Arches:

• Concrete Masonry Units with Stucco (C.B.S.)

• Reinforced Concrete with Stucco

Columns:

• Wood, painted or natural (cypress and cedar preferred)

• Cast Iron

• Anodized Aluminum

• Steel

• Concrete w/ architectural finish, to match building walls

Piers:

• Concrete Masonry Units with Stucco (C.B.S.)

• Reinforced Concrete with Stucco

Porches (railings, balustrades):

• Wood, painted or natural (cypress and cedar preferred)

• Wrought Iron

• Anodized Aluminum

• Steel

(B)

Configurations.

Arches:

• Semi-circular or segmental, within walls or carried on piers only

Columns:

• Round, 4″ minimum outer diameter

• Square, 4″ minimum

• Classical Orders

Piers:

16″ width or depth

Porches:

Railings 1 ½″ minimum diameter

Balustrades 4″ minimum spacing

(C)

General Requirements.

Arcades and Colonnades: minimum 8′ in depth between the face of the building and the inside face of the columns supporting the structure above

Porches: minimum 6′ in depth

Column and Pier spacing: Columns shall be spaced no closer than they are tall, no farther apart than 1.68 × column height.

(Ord. No. 19-93-1545, § 1, 10-19-93)

(A)

Materials.

Roofs:

• Metal:

• Galvanized

• Copper

• Aluminum

• Zinc-Alum

• Shingles:

• Asphalt, Metal, or Fiberglass

• Tiles:

• Clay, including Terra Cotta

• Concrete

Gutters:

• Copper

• Painted or Vinyl Clad Aluminum

• Painted Galvanized Steel

(B)

Configurations.

Roofs:

• Metal: Standing Seam, 24″ maximum spacing

• Shingles: Square, Rectangular, Fishscale, or Shield

• Tiles: Barrel, Spanish, French, or Flat

Gutters:

• Rectangular section

• Square section

• Half-round section

(C)

General Requirements. All runoff will be captured by gutters and routed with enclosed downspouts to an approved drainage area.

Downspouts are to match gutters in material and finish.

Any machinery as defined in Section 20-3.6(Q) of the Code shall be screened from view in a manner acceptable to the Planning Director using either one of the screening systems pre-approved by DRB and pre-approved by the City Commission, or a system specifically approved by DRB for applicant's project.

Permitted Roof Types: hipped, gabled, shed, barrel vaulted and domed. Flat roofs are permitted only where used as outdoor useable space.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

Materials.

Windows and skylights:

• Wood

• Aluminum

• Copper

• Steel

• Vinyl Clad Wood

Doors:

• Wood, solid or with 50 percent maximum glass coverage

• Metal, solid or with 50 percent maximum glass coverage

(B)

Configurations.

Windows:

• Rectangular

• Square

• Round (18″ maximum outer diameter)

Window Operations:

• Casement

• Single- and Double-Hung

• Industrial

• Jalousie (wood slats only, on rear porches only)

• Awning or Hopper

• Fixed Frame (36 square feet maximum)

Skylights:

• Flat to the pitch of the roof

Door Operations:

• Casement

• Sliding (rear only)

(C)

General Requirements. Rectangular windows shall have vertical orientation.

The following accessories are permitted:

• Operable Wood Shutters (standard or Bahama types)

• Wooden Window Boxes

• Real Muttons and Mullions

• Fabric Awnings (no backlighting; no glossy-finish fabrics)

The ground-floor building frontage shall have storefront windows covering no less than twenty-five (25) percent of the ground-floor building frontage wall area. Storefronts shall remain unshuttered at night and shall utilize transparent glazing material, and shall provide view of interior spaces lit from within. Where building frontages exceed fifty (50) feet, doors or entrances with public access shall be provided at intervals averaging no greater than twenty-five (25) feet.

(Ord. No. 19-93-1545, § 1, 10-19-93)

The Color Palette list, maintained in the Department of Building, Zoning and Community Development, identifies exterior paint/finish colors that are pre-approved for buildings in the Hometown District. Other colors may also be permissible with approval by DRB. Departmental staff shall maintain a color chip chart or display illustrating the range of preapproved colors. Sherwin-Williams standard paint numbers are used on the Color Palette list for reference, but any manufacturer's paint is acceptable if similar in color. This list reflects the community's desires to encourage a range of colors for visual variety, to encourage light colors for energy savings, and colors appropriate for the subtropical environment.

The following requirements apply:

(A)

Applicants may choose up to four colors for a single building (one or two (2) body colors, one or two (2) trim colors, and one accent color; these may be the same or different).

(B)

Body colors are intended for building walls, garden walls and other primary building elements, and shall be used for no less than seventy (70) percent of the painted surface area of any one floor of the building. Recommended but not required: use of two (2) shades of body color— one above and one below an expression line between the first and second floors.

(C)

Trim colors are intended for door frames, storefront elements, windows and window frames, railings, shutters, ornament, fences and similar features. Trim colors shall be used for no more than thirty (30) percent of the painted surface area of the building. Recommended but not required: Trim colors usually appear best in a lighter shade than the body color.

(D)

The accent color is used to highlight special features such as doors, shutters, gates, ornament, or storefront elements. The accent color shall be used for no more than twenty-five (25) percent of the painted surface of the building.

(The Color Palette list shall be established by the Commission after DRB recommendation.)

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

Intent. The street standards graphics establish certain dimensions and details for the streets within the Hometown District. Each time a street is constructed or reconstructed, these standards shall be the basis for the design and engineering. The intent is to create streets which appropriately serve the needs of pedestrians, cyclists and motorists, rather than motorists alone. The design requirements for a given street depend on its location and function, as indicated on the map below. These standards are devised to:

(1)

Discourage high-speed car traffic and encourage drivers to be alert (through parallel parking, correct travel-lane width, and suitable radii at corners);

(2)

Establish safe crossings for pedestrians (for example, through suitable turning radii at intersections);

(3)

Maintain appropriate passage for emergency vehicles and occasional moving vans (through "clear zones" at corners, to allow smaller curb radii but admit larger vehicles when required);

(4)

Establish safe sidewalks where pedestrians have minimum conflict with moving cars (by regulating curb cuts and by locating parking and trees between sidewalks and travel lanes);

(5)

Maintain shade and an agreeable appearance (through orderly spacing of full-size canopy trees);

(6)

Minimize the heat buildup and to limit impervious area (through minimized asphalt areas and through regular placement of canopy trees);

(7)

Efficiently provide parking (through parallel spaces onstreet).

(B)

Landscaping and Utilities. All plant materials shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass areas shall be planted in species normally grown as permanent lawns. Grass areas must be sodded. All new landscaping must incorporate the xeriscape principles provided in Section 20-7.17.

Existing healthy plant material may remain and be incorporated into future streetscape projects.

Tree requirements:

Trees within the public right-of-way shall be spaced evenly twenty (20) to thirty (30) feet apart, except near street intersections where they may be spaced closer together. Trees shall be of the species that will normally grow to a minimum height of twenty (20) feet with a mature crown spread of twenty (20) feet or greater in Miami-Dade County and have trunks which can be maintained with over seven (7) feet of clear trunk. Required trees shall have a minimum diameter at breast height of four (4) inches and be not less than twelve (12) feet in overall height at the time of planting. Selected tree species shall be from the list of Native Trees in Section 20-4.5(B)(3) of the City of South Miami Land Development Code.

Palms may be used as street trees in front of buildings which have arcades or colonnades. Approved species include: Royal, Washingtonian, and Sable Palmetto. In addition, clusters of Paurotis, Alexander, or Macarthur are permitted for accent at mid-block and street corner locations only.

Utilities:

All electrical power utilities, cable television and telephone lines shall run underground.

(C)

[Angled Parking.] Angled parking and other parking configurations may be permitted on any right-of-way within the Hometown District by the affirmative vote of four City Commissioners on a resolution which approves such configurations. The City Commission may request a formal recommendation by the Hometown District Parking Committee; however, such recommendation shall not be required for action nor shall such recommendation be binding upon the City Commission.

(D)

Street Standards Graphic, District Boundary and Map of Street Types.

(Ord. No. 19-93-1545, § 1, 10-19-93; Ord. No. 18-97-1639, § 1, 6-3-97; Ord. No. 17-11-2090, § 1, 4-19-11)

The regulating plan shows two (2) areas as "greens." These properties may at some time become public open spaces through purchase or gift. Until such time as public ownership is established, the properties may be developed consistent with the provisions of this Hometown District Overlay Ordinance.

(Ord. No. 19-93-1545, § 1, 10-19-93)

(A)

The regulating plan establishes location for new streets and alleys in certain parts of the Hometown District. These streets and alleys are intended to provide pedestrian and vehicular access for residents, clients, customers, and visitors, as well as service and public safety access to the building that will be constructed along these streets. The dedication of these streets and alleys is necessary to achieve the previously described intent of this Hometown District Overlay Ordinance, to invigorate the economic and social vitality of South Miami's main street business center.

(B)

When new development is proposed along a street and/or alley shown on the regulating plan, the right-of-way for the street and alley along the subject parcel must be dedicated to the City of South Miami for public access.

(C)

In a limited number of instances the regulating plan shows streets and alleys penetrating existing buildings. Dedication of these streets and alleys for public access is required only when the site is redeveloped at ground level along fifty (50) percent or more of the street or alley frontage within the applicant's property.

(Ord. No. 19-93-1545, § 1, 10-19-93)

Editor's note— Ord. No. 33-08-1968, § 2, adopted Sept. 2, 2008, deleted § 20-7.29 in its entirety. Former § 20-7.29 pertained to outdoor seating/dining uses and areas and derived from Ord. No. 9-95-1582, § 1, adopted July 18, 1995; Ord. No. 10-97-1631, § 2, adopted Apr. 1, 1997; and Ord. No. 16-01-1747, § 2, adopted July 24, 2001.

(A)

A Unity of Title, as set forth in Section 20-5.16, is required for all platted lots in any development project within the HD if any of the following conditions exist:

(1)

If a development project is to be built on two (2) or more abutting platted lots;

(2)

If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right-of-way or alley;

(3)

If the required parking for a development project is located on a lot other than on the site which is generating the required parking.

(Ord. No. 23-99-1697, § 4, 11-16-99; Ord. No. 05-07-1906, § 1, 2-20-07; Ord. No. 25-10-2050, § 2, 9-7-10)

(A)

The City Commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the City Commission must find by substantial competent evidence that:

(1)

The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations.

(2)

The proposed development is compatible with the land uses and development intensities prescribed by all applicable City regulations.

(3)

The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City.

(4)

The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services.

(5)

The proposed development does not expand the permitted uses within the Hometown District, except as herein provided.

(6)

The proposed development will not have an unfavorable effect on the economy of the City of South Miami.

(7)

The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population.

(B)

The City Commission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance.

(C)

Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20-7.52 of this Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the City Commission shall constitute approval of the nonuse deviations identified on the site plan and exhibits unless the City Commission approves a motion to the contrary. No further individual or separate application for deviations approved by the City Commission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein.

(D)

Special exceptions, if granted, shall be valid if new construction commences within eighteen (18) months from the date of final approval and is substantially completed within two (2) years from the date of issuance of the first building permit. The time for substantial completion may be extended by the City Commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause.

(E)

Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) and Medical Marijuana Retail Centers (MMRCs) may be permitted after public hearing by Special Exception, upon satisfaction of the following criteria:

(1)

The criteria in Section 20-7.51(A);

(2)

Pharmacies and MMRC shall meet the same distance requirements that are set forth in Section 20-3.4(24), other than for the distances between two (2) of the same uses, i.e. two (2) Pharmacies or two (2) MMRCs. Pharmacies shall not be located within five hundred (500) feet of another Pharmacy, whether it is located in the City or in another jurisdiction. MMRCs shall not be located within five hundred (500) feet of another MMRC whether it is located in the City or in another jurisdiction. This distance between two (2) of the same uses shall be measured from nearest property line to nearest property line.

(3)

Hours of operation of Pharmacies and MMRCs shall be limited to any such requirements in State law, unless the Pharmacy engages in any of the activities of an MMRC in which case the hours are as set forth in Section 20-3.4(24).

(4)

Pharmacies and MMRCs shall operate in accordance with all other applicable State laws, including Florida Statutes Section 381.986, as may be amended.

(5)

Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning Department for a reservation as set forth in Section 20-3.4(24)(k) with the exception that the distance requirement between the same uses shall be five hundred (500) feet.

(6)

Property owners seeking reduction in required spacing under this subsection may seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals).

(Ord. No. 19-94-1569, § 1, 11-1-94; Ord. No. 02-11-2075, § 1, 1-4-11; Ord. No. 41-19-2354, § 5, 12-3-19; Ord. No. 41-19-2354, § 5, 12-3-19; Ord. No. 04-20-2358, § 4, 1-21-20)

(A)

Special exceptions under Ordinance No. 19-94-1569 [Sections 20-7.51, 20-7.52] may be granted only after a minimum of two (2) public hearings. The first public hearing shall be before the planning board, at which time the planning board shall review the project and provide to the city commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second public hearing shall be held before the city commission and shall be held no sooner than seven (7) calendar days following the planning board hearing. Public notice requirements, as specified in Section 20-5.5(C) and (G), Applications requiring public hearings, shall be followed.

(B)

Requests for special exceptions under Ordinance No. 19-94-1569 [Sections 20-7.51, 20-7.52] shall be in a form acceptable to the city manager and shall include each exhibit required per Section 20-7.3(B), Application for Development Permit, and per Section 20-7.4, Site Plan Requirements. In addition, the city commission, at its discretion, may require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits.

(C)

The City Manager shall have authority to require additional review and approval by the DRB for developments involving special exception, which review shall follow the procedure set forth in Section 20-5.11 of this Code.

(D)

The city commission may grant a special exception upon four (4) affirmative votes of its members.

(Ord. No. 19-94-1569, § 1, 11-1-94; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)