A.

Purpose. The Medium - High Density Multifamily Residential (RMF-2) District provides for single-family, duplex, townhouse, medium-density and high-density residential development of multifamily dwellings at a maximum density of 60 dwelling units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Medium - High Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than the Medium - High Density Residential Land Use category permitted uses.

B.

Uses permitted. No building or structure, or part thereof, within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this chapter:

(1)

All uses permitted in RMF-1 district.

(2)

Uses customarily incidental and accessory to any of the above uses when located on the same plot.

(3)

Wet dockage or moorage of private, noncommercial, pleasure craft in connection with any residential use permitted.

(4)

Convenience retail and office uses in condominium commercial units, provided that such uses primarily serve the residents and guests of the condominium, no signage is visible from the public right-of-way except for signage approved under this chapter, consent of the condominium association is required where the commercial unit is within a condominium, the uses create no negative parking impacts on the required parking of the condominium, and any services provided to by such uses to the public must be incidental.

[Added 6-20-2013 by Ord. No. 2013-407]

C.

Conditional uses.

(1)

All conditional uses permitted in the RMF-1 District.

(2)

Apartment hotels.

(3)

Convenience retail and office as an accessory use as part of a site plan approved prior to the adoption of these LDRs.

(4)

Commercial jet skis and personal watercraft launching facilities. For the purpose of this Section, a personal watercraft is defined as a small, jet-powered craft, resembling a snowmobile in appearance and ridden like a motorcycle for individual use in water.

(5)

Commercial marinas or boat storage.

(6)

Non-motorized or motorized watercraft leasing or launching facilities.

(Ord. No. 2012-393, § 2, 10-18-2012)

D.

Site development standards.

[Amended 1-15-2004 by Ord. No. 2004-192; 4-11-2006 by Ord. No. 2006-257; 12-14-2006 by Ord. No. 2006-271]

(1)

Minimum lot area and width:

(a)

Single-family and two-family dwellings: 4,000 square foot not less than 40 feet in width.

(b)

Townhouses: as required in the R-TH District.

(c)

Apartments: 10,000 square foot lot not less than 100 feet in width.

(2)

Maximum height:

(a)

Buildings abutting Collins Avenue. Except as provided below, the maximum height of a building shall be:

[1]

Parcels over 250 feet in depth: The maximum height of the building shall be 50 feet (four stories) for the first 130 feet set back from the property line, 100 feet (eight stories) for the next 100 feet, then 190 feet for a maximum overall height (19 stories).

[2]

Parcels between 150 feet and 250 feet in depth: The maximum height of the building shall be 50 feet (four stories) for the first 100 feet set back from the property line, then 190 feet (19 stories).

[3]

Parcels with less than 150 feet of depth: The maximum height for the building shall be 50 feet (four stories) for the first 50 feet set back from the property line, then 190 feet (19 stories).

(b)

For single-family, duplex and townhouses: as in the R-1 and R-TH Districts, respectively.

(c)

For apartment structures not abutting Collins Avenue. The maximum height shall be 190 feet, including all rooftop equipment and further controlled by the minimum setbacks.

(3)

Lot coverage. The combined lot area covered by all principal and necessary buildings shall not exceed 60% of the area of the lot. Structures whose rooftop level is connected by walkways directly at the rooftop level to a multifamily structure, and that have a flat roof structure that is fully improved with landscaping, usable plazas, terraces, active unenclosed recreation facilities and the like, shall have a lot coverage, including the abovedescribed improved rooftop structures, not exceeding 80% of the lot area.

(4)

Minimum setbacks for apartment structures not abutting Collins Avenue.

(a)

Apartments:

[1]

Front: 20 feet plus one foot for each three feet of building height over 35 feet up to a maximum of 50 feet.

[2]

Side: Ten feet plus one foot for each two feet of building height over 35 feet, up to a maximum of 50 feet.

[3]

Side street: 15 feet plus one foot for each foot of building height over 35 feet, up to a maximum of 50 feet.

[4]

Rear: 15 feet plus one foot for each three feet of building height over 35 feet, up to a maximum of 50 feet.

[5]

Building spacing: the greater of 25 feet or 40% of the height of the tallest building, not to exceed 60 feet.

(b)

Single-family, duplex and townhouses: as required in the R-1 and R-TH Districts, respectively.

(c)

Minimum setbacks for properties abutting Collins Avenue.

[1]

Front:

[a]

Minimum of 25 feet for properties providing 15 feet of colonnade.

[b]

Minimum of 40 feet for properties not providing 15 feet of colonnade.

[2]

Rear: A minimum of 25 feet shall be required between openings (storefront, windows, sliding glass doors in buildings, except for enclosed garage). Balconies may encroach a maximum of four feet into the setback area.

[3]

Side: A minimum of 25 feet shall be required between openings (store front, windows, sliding glass doors in buildings, except for enclosed garage). Balconies may encroach a maximum of four feet into the setback area.

(5)

Minimum open space: 35% of the total lot area.

(a)

Required open space shall be unencumbered with any structure, parking or loading space and shall be landscaped and improved for passive and active recreation, including waterfront walkways, plazas, terraces, pools and game courts.

(b)

All properties abutting Collins Avenue shall provide a ten-foot easement within the required front setback. The easement shall be dedicated to the City for the implementation of the Collins Avenue Streetscape Plan. The City shall use the easement to increase the pedestrian walk paths, landscaping purposes, placement of utility wires and any other municipal purposes.

(6)

Building separation on separate parcels abutting Collins Avenue. When there are two towers located on different properties, a minimum separation of 50 feet shall be maintained between pedestals (50 feet or less in height) and a minimum separation of 50 feet shall be maintained between towers (above 50 feet in height).

(a)

When there are two or more towers on the same property, the building separation shall be a minimum of 50 feet between towers.

(b)

The maximum tower width shall be 200 feet.

(7)

Maximum floor area ratio. The floor area ratio shall not exceed 2.0. Additional bonus floor area ratio up to 2.5 may be allowed for waterfront developments that comply with Community Design Element Policy 1E, Recreation and Open Space Element Policy 1C and Coastal Management Element Policies 3A and 3D of the City's Comprehensive Plan.

(8)

Allowable increases in floor area ration. The floor area ratio for developments that provide certain features shall be increased to a floor area ratio not to exceed 2.5 in conformance with the following provisions and limitations:

(a)

Public streetscape bonus. The floor area ratio shall be increased for developments that participate in the City's Streetscape Trust Fund as established and administered by the City of Sunny Isles Beach for the purposes of implementing capital improvements, public streetscape improvements and pedestrian system design and safety enhancements for public streets, including local, collector, secondary and primary arterial roadways, and public shorelines in the City, which are policy objectives of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in F.A.R. shall be granted for each participation unit contributed to the capital improvement fund for roadway enhancements, up to a maximum additional 0.50 F.A.R. bonus. Additional bonus floor area ratio up to 2.5 may be allowed for properties without water frontage. A participation unit, for the purpose of the public streetscape enhancement bonus, shall be equal to $200,000.00 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years.

(9)

Maximum dwelling unit density. The maximum dwelling unit density shall be as set forth below:

(a)

Except as modified in Subsection D(9)(b)[1] below, the maximum number of residential dwelling units shall not exceed a density of 50 dwelling units per acre.

(b)

Density bonuses:

[1]

Residential dwelling units. The maximum residential dwelling unit density may be increased up to a maximum of 60 per acre for waterfront developments that comply with Community Design Element Policy 1E, Recreation and Open Space Element Policy 1C and Coastal Management Element Policies 3A and 3D of the City's Comprehensive Plan.

[2]

Affordable housing density bonus. The maximum residential dwelling unit density may be increased by eight units per acre up to a maximum of 68 units per acre, provided the dwelling units achieved through this bonus comply with the affordable workforce housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan and the provisions of Section 265-39 of the City Code.

(10)

Minimum floor areas. The minimum floor area for a multiple-family dwelling unit not including garage or unair-conditioned areas shall be as follows:

(a)

Efficiency unit: 550 square feet.

(b)

One-bedroom unit: 750 square feet.

(c)

Two-bedroom unit: 900 square feet.

(11)

Convenience retail. Apartment developments having a minimum of 300 residential units may have convenience retail not exceeding 1,000 square feet as an accessory use, provided that:

(a)

Such services relate to the needs of the residents of the proposed development.

(b)

Such services are located wholly within the primary use structure or community center structure.

(c)

Signage on any structure is prohibited as are window displays or displays of merchandise visible from a public roadway except for outdoor dining tables, sidewalk cafes and the like.

(Amended 12-13-2007 by Ord. No. 2007-292; Ord. No. 2012-381, § 1, 2-16-2012; Ord. No. 2015-470, § 1, 12-17-2015; Ord. No. 2016-489, § 2, 10-20-2016; Ord. No. 2017-493, § 2, 2-16-2017; Ord. No. 2018-521, § 1, 5-17-2018)