A.

Purpose. The Mixed Use Resort (MU-R) District provides for high density residential development of multifamily dwellings at a maximum density of 80 dwelling units per acre, hotels, apartment hotels at 125 units per acre, retail goods and services, conference facilities, and entertainment activities consistent with the City's Comprehensive Plan Land Use Element and the corresponding Mixed Use - High Density/Resort land use category. The uses within this district shall be consistent with, but may be more restrictive than the Mixed Use - High Density/Resort category permitted uses.

B.

Uses permitted. No building or structure, or part thereof, within the district shall be occupied, erected, constructed, moved, reconstructed, structurally altered maintained or used, or land or body of water 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)

Multifamily apartments.

(2)

Hotels, motels, and apartment-hotels.

(3)

Commercial services and retail goods including spas and health clubs, beauty salons, clothing, florists, gift shops, banking services, pharmacy, newsstands, and restaurants only within buildings with a minimum of 100 apartment, hotel or apartment-hotel units.

(4)

Conferencing facilities and meeting rooms.

(5)

Parking lots and garages.

(6)

Public parks and recreation facilities.

(7)

All uses permitted in RMF-2 District.

(8)

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

C.

Conditional uses.

(1)

Time-share apartments.

(2)

Eleemosynary, charitable, religious and philanthropic institutions.

(3)

Nightclubs, private clubs, lodges, fraternities and sororities.

(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.

D.

Site development standards.

(1)

Minimum lot area and width. The minimum lot width as measured along the front property line shall be 200 feet and the minimum lot area shall be 20,000 square feet for lots platted after the date of adoption of these LDRs.

(2)

Maximum height.

(a)

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

(b)

For all other structures, the maximum height shall be controlled by the minimum setbacks and the Federal Aviation Administration height restrictions.

(3)

Lot coverage. The combined plot area covered by all principal and accessory 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 combined plot coverage of all structures, including the above described improved rooftop structures not to exceed 80% of the plot area.

(4)

Minimum setbacks.

(a)

Front setback.

[1]

The minimum front setback shall be 75 feet, provided that a porte-cochere and/or guardhouse shall be permitted to be setback not less than 50 feet. If a new structure is part of an existing development, which will remain, the front setback may be equal to the setback of the existing structure provided that the minimum setback of a porte-cochere and/or guardhouse shall be no less than 50 feet. Parking structures may encroach on the front setback area not closer than ten feet to the Collins Avenue right-of-way provided that no portion of the garage structure shall extend above a slope beginning at the elevation of the public sidewalk and rising east from the ten-foot setback line one foot vertically for each four feet horizontally.

[2]

Berms and landscaping shall be provided such that no portion of a garage structure located within a front setback shall be visible from the public right-of-way with the exception that privacy walls and retaining walls for driveways may be visible.

(b)

Rear setback.

[1]

For all buildings the rear setback shall be the bulkhead line or 20 feet from the rear property line whichever is closer to Collins Avenue.

(c)

Interior side setbacks/view corridors.

[1]

For parcels 200 feet or more in width:

[a]

Primary structures. The minimum side setbacks for primary use structures exceeding 20 feet in height above grade shall be 50 feet. If side setbacks of different width are provided, the larger setback shall be provided on the side adjacent to the public beach access walkway or to provide for the greatest separation from buildings on adjacent sites. Where a parcel is no more than five percent greater than 200 feet in width, the minimum side setback shall be 20 feet.

[b]

Pedestal structures, parking garages and accessory use structures. There shall be no required setback for structures below six feet above grade. To preserve ocean view corridors for sites west of Collins Avenue, for structures higher than six feet above grade, there shall be a three-foot setback for each two feet of building height up to a maximum setback of 50 feet.

[c]

For parcels adjacent to public parks, excluding easements used exclusively for access, the minimum side setback shall be five feet.

[d]

Optional design flexibility side setback for parcels 200 feet or more in width:

At the option of the landowner, minimum setbacks may be provided as follows for primary use structures exceeding 20 feet in height above grade on existing lots for purposes of design flexibility, and where the landowner provides to the City the designated fee payment for the City's maintenance of adjacent public beach access, streetscape and park improvements. The City Commission reserves the right to revise the designated fee payment.

[i]

Minimum setback of 25 feet requires a fee payment of $1,000,000.00, per eligible parcel. A nonrefundable deposit payment of ten percent of the required fee, which shall be paid within three working days of the date of City Commission approval of a site plan approved under this section for optional design flexibility setback. Failure to make such deposit within the prescribed time frame shall result in zoning approval being declared null and void.

[ii]

Minimum setback of 30 feet requires a fee payment of $500,000.00, per eligible parcel. A nonrefundable deposit payment of ten percent of the required fee, which shall be paid within three working days of the date of City Commission approval of the site plan approved under this section for optional design flexibility setback. Failure to make such deposit within the prescribed time frame shall result in zoning approval being declared null and void.

[2]

For parcels under 200 feet in width.

[a]

Primary structures. The minimum side setbacks for primary use structures shall be 20 feet. If side setbacks of different width are provided, the larger setback shall be provided on the side adjacent to the public beach access walkway or to provide for the greatest separation from buildings on adjacent sites.

[b]

Pedestal structures, parking garages and accessory use structures. There shall be no required setback for structures below six feet above grade. To preserve ocean view corridors for sites west of Collins Avenue, for structures higher than six feet above grade, there shall be a three-foot setback for each two feet of building height up to a maximum setback of 20 feet.

[c]

For parcels adjacent to public parks, excluding easements used exclusively for access, the minimum side setback shall be five feet.

[3]

Notwithstanding side setback restrictions of this paragraph D(4)(c), buildings on adjacent lots may be connected by an elevated pedestrian bridge in order to increase pedestrian accessibility to recreational or tourism facilities that are shared between the owners of the adjacent lots, where the City Commission has determined that ocean views are sufficiently preserved, the bridge does not interfere with a beach access walkway, the bridge functions as part of an integrated design with the buildings on the adjacent lots, and the use and maintenance of the bridge is adequately provided for between the owners of the adjacent lots.

(5)

Minimum separation between buildings. To preserve ocean views for properties west of Collins Avenue, primary use buildings exceeding 20 feet in height above grade on the same site shall be separated by a minimum of 100 feet as measured parallel to Collins Avenue. Cantilevers and open porches may project from the building wall into the required building separation not more than six feet, and unenclosed stairways may project from the building wall into the required building separation not more than ten feet. Stairways, when located in the required open space (court), shall be supported by the necessary columns only; support by a wall is strictly prohibited unless the wall is of the primary structure is cantilevered. For the purposes of this section, separate buildings or towers located on top of the same parking structure shall be considered separate buildings and shall have the required building separations. The minimum separation may be reduced by the City Manager not more than 25% upon a written finding by Development Services Director that opposing building walls of the adjacent buildings are offset, angled or have minimal window openings such that residential views from within the towers are not adversely impacted by proximate and direct facing relationships of the buildings. Notwithstanding the foregoing, an elevated bridge is permitted within the building separation as set forth in Subsection D(4)(c)[3].

(6)

Maximum building width. In order to preserve views of the ocean for properties west of Collins Avenue:

(a)

For parcels 200 feet or more in width, the maximum building width, as measured parallel to Collins Avenue, of any single structure or exceeding 20 feet in height above grade shall be 250 feet. The elevated bridge permitted under Subsection D(4)(c)[3] shall not be counted for the calculation of building width for parcels described herein.

(b)

For parcels under 200 feet in width, existing as of the date of the passage of this chapter, the maximum building width, as measured parallel to Collins Avenue, of any single structure or exceeding 20 feet in height above grade shall be 60% of the lot width provided, in no event shall the balconies encroach into the setback of the side yard. The elevated bridge permitted under Subsection D(4)(c)[3] shall not be counted for the calculation of building width for parcels described herein.

(c)

When there are two or more buildings on the same property, two feet of building width may be added for each one foot of building separation exceeding 100 feet.

(7)

Maximum building height. Maximum building height shall be controlled by § 265-35.D(2) regarding maximum height, § 265-35.D(4), regarding setbacks and view corridors, and § 265-35.D(9), regarding floor area ratio.

(8)

Required beach access easement. There shall be required for all properties, except as provided hereinbelow, a nonexclusive publicly accessible beach access easement linking Collins Avenue to the oceanfront beach. Such easement shall be a minimum width of not less than 20 feet and located within a required side setback area and on the side of the property closest to a signalized public crosswalk on Collins Avenue and, where applicable, on the side adjacent to an existing each access easement provided by an abutting property, and such easement shall be over, across, under and through said property. Abutting beach access easements shall be designed and improved to function as an integrated design with a single pedestrian walkway of an expanded width to fully utilize the greater effective easement width afforded by the abutting easements. However, the City Commission may waive the beach access easement requirement where it is determined by the Development Services Director in a written finding that, in the interest of protecting the public safety and welfare, provision of a beach accessway at a midblock location constitutes a potential safety hazard as an inducement to illegal pedestrian crossing of Collins Avenue, or it may be waived if the proposed beach access is adjacent to a public park.

(9)

Floor area ratio.

(a)

Floor area calculation. For purposes of this section, notwithstanding the definition of "floor area ratio" set forth in § 265-5, floor area shall be calculated as follows:

[1]

Floor area includes but is not limited to:

[a]

Exterior corridor space from which access is gained to dwelling units or hotel rooms.

[b]

Floor space of balconies, which encroaches on a setback or building separation.

[c]

Floor space for accessory uses.

[d]

Floor space in interior balconies or mezzanines.

[e]

Only that portion of covered or enclosed parking structures, which exceed 20 feet above grade and exceed the required parking, unless the entire structure is contained within the primary use structure tower.

[2]

Floor area does not include:

[a]

Interior storage areas - one per residential unit - solely for the use of residents, not exceeding ten percent of the average dwelling unit interior floor area and is not appurtenant or attached to the living space of the dwelling unit.

(b)

Maximum floor area ratio. Except as modified in Subsection D(9)(a)[2](c) below, the maximum floor area ratio shall not exceed 2.50.

(c)

Floor area ratio bonuses. The maximum floor area ratio permitted may be increased only in accordance with the following provisions and limitations and in conformance with the allowable limits set under the adopted Sunny Isles Beach Comprehensive Master Plan.

[1]

Beach access bonus. Subsection D(9)(c)[1][a], Access easement, set forth herein below, as specifically defined in § 265-35.D(8) hereinabove, must be attained to qualify for any additional floor area ratio bonuses as provided in this section.

[a]

Access easement. The floor area ratio shall be increased for developments where an easement extending from the Collins Avenue right-of-way to the oceanfront public beach and not less than 20 feet in average width is dedicated or granted and accepted by the City Commission for public access. For the purposes of this section, "improved" means landscaped, lighted and irrigated in a manner consistent with the adjoining development and including a paved access which may include pavers way and pedestrian amenities in accordance with adopted municipal design standards for public beach access walkways. For the purposes of this section, "public access" means nonexclusive unencumbered and unrestricted access to the public; except, however, that upon request of the grantor or property owner, the City Commission may accept a restriction upon the grant or dedication limiting the hours of general public access to daylight hours, provided that the City shall have unrestricted access for fire and police protection and provided that the grantor or property owner shall bear the full expense of installing a gate always accessible to police and fire protection personnel and equipment. The beach access easement may be located over parking structures provided that the highest elevation of the underlying structure supporting the beach accessway may not exceed six feet above grade. The F.A.R. may be increased by a maximum of 0.10 for the dedication, improvement and maintenance of the minimum beach access described above. As provided in § 265-35D(8) above, where it is determined by the City Commission, that in the interests of protecting the public safety and welfare, provision of a beach accessway at a midblock location constitutes a potential safety hazard as an inducement to illegal pedestrian crossings of Collins Avenue, in lieu of the dedication and improvement of a beach accessway, the bonus increase in F.A.R. of 0.10 may be achieved in accordance with the following Subsection D(9)(c)[1][b].

[b]

Beach access trust fund contribution. Unless waived by the City Commission per Subsection D (9)(c)[1][a] herein above and provided that the beach access easement has been proffered as set forth in Subsection D (9)(c)[1][a], an additional increase in F.A.R. of 0.05 shall be granted for each participation unit contributed to a beach trust fund established and administered by the City of Sunny Isles Beach up to a maximum additional 0.20 F.A.R. bonus. A system of pedestrian walkways and shuttle bus facilities to provide oceanfront open space is a public policy objective of the adopted City of Sunny Isles Comprehensive Plan. A participation unit, for the purpose of beach access 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. If City Commission waives the provision of an access easement for safety reasons as provided in Subsection D(9)(c)[1][a] above, the total beach access bonus achieved through trust fund contributions shall not exceed 0.30.

[2]

Public beach recreational enhancement bonus. The floor area ratio shall be increased for developments that participate in the City's Beach Recreational Enhancements Trust Fund as established and administered by the City for the purposes of implementing oceanfront capital improvements. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.60 F.A.R. bonus. A participation unit, for the purpose of the beach recreational 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.

[3]

Collins Avenue public streetscape enhancements bonus. The floor area ratio shall be increased for developments that participate in the City's Collins Avenue Streetscape Enhancements Trust Fund as established and administered by the City for the purposes of implementing capital improvements. Public streetscape improvements and pedestrian system design and safety enhancements for Collins Avenue are policy objectives of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.60 F.A.R. bonus. A participation unit, for the purpose of the Collins Avenue 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.

[4]

Sunny Isles Beach public parking bonus. The floor area ratio shall be increased for developments that participate in the City's Beach Public Parking Trust Fund as established and administered by the City for the purposes of implementing capital improvements for public parking. Public parking resources, in particular, west of Collins Avenue, as a component of infrastructure improvements to facilitate public access to the oceanfront, is a policy objective of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.20 F.A.R. bonus. A participation unit, for the purpose of the public parking trust fund 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.

[5]

Public oceanfront park and open space enhancements bonus. The floor area ratio shall be increased by 0.20 additional floor area ratio for developments that provide within the development site receiving the F.A.R. bonus publicly accessible open space, park and recreational facilities adjacent to and directly accessible from the public beach during daylight hours and constructed and maintained by the developer. The open space shall be designed, and improved to promote passive recreation (no active sports, cooking, music, or similar activities that may create noise or odor impacts external to the site) and children's play areas within generously landscaped park-like space not less than 10,000 square feet in area with a minimum dimension in depth measured perpendicular to Collins Avenue of 75 feet. The park area provided may be utilized exclusively by the development and on-site residents and visitors after daylight hours.

[6]

Educational and cultural infrastructure bonus. The floor area ratio shall be increased for developments that participate in the City's Educational and Cultural Infrastructure Trust Fund as established and administered by the City for the purposes of implementing public educational and infrastructure capital improvements. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for public educational and cultural capital improvements up to a maximum additional 0.20 F.A.R. bonus. A participation unit, for the purpose of the educational and cultural infrastructure 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. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years.

(10)

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

(a)

Apartments. Except as modified in Subsection D(10)(e) below, the maximum number of residential dwelling units shall not exceed a density of 50 dwelling per acre. Residential dwelling units shall not be permitted a room or rooms, termed "lockouts," that have a separate common area keyed entry that can be segregated as to access (locked out) from the primary living unit for purposes of rental occupancy by other than the primary tenants.

(b)

Apartment-hotels. Except as modified in Subsection D(10)(e) below, apartment-hotels and which are intended to be subdivided as to ownership shall not exceed a maximum density of 100 dwelling units per acre. Apartment-hotels shall be permitted to have "lockout" rooms that may be rented separately from the remainder of the unit provided that each lockout shall be counted as a separate unit for parking calculations as provided in Article VIII, Off-Street Parking Loading and Driveway Standards. Lockout rooms shall not count as separate units for density calculations. Lockout units shall not be subdivided and sold separately from the main unit provided, however, that should any apartment hotel with a lockout unit be converted to a condominium building or strict residential dwelling apartment house, then, each such lockout shall become part and parcel of the original apartment hotel unit and no lockout room shall be deemed to exist independently upon such conversion. This provision shall apply from the effective date of this chapter regardless of the date of the original approval or issuance of a building permit.

(c)

Hotels. Hotel rooms are not deemed to be residential dwelling units and therefore are not regulated as to density limitations on number of rooms per acre.

(d)

Mixed uses. In computing the allowable density for a mixed-use development combining apartment and apartment-hotel uses, the number of units proposed for each use shall be divided by the number of units per acre permitted by the Code for that use. The sum of the acreage needed for the different uses being proposed shall equal the total acreage of the property. The total amount of units shall not exceed the amount allowable under the Comprehensive Master Plan. Density bonuses are not included in the calculations.

(e)

Density bonuses. The maximum dwelling unit density may be increased only in accordance with the following provisions and limitations:

[1]

For each floor area ratio increase of 0.02 achieved through the bonus provisions of § 265-35D(9)(c). Floor area ratio bonuses, an increase of one residential dwelling unit per acre shall be granted to a maximum of 80 units per acre.

[2]

For each floor area ratio increase of 0.03 achieved through the bonus provisions of § 265-35D(9)(c), Floor area ratio bonuses, an increase of one apartment/hotel unit per acre shall be granted to a maximum of 125 units per acre.

(11)

Minimum unit size.

(a)

For the MU-R District:

[1]

The minimum gross floor area of a residential dwelling unit shall be 550 square feet.

[2]

The minimum gross square footage for an apartment-hotel unit without a lockout room shall be 550 square feet and with a lockout room(s) shall be 750 square feet. Only one full kitchen facility is permitted per apartment/hotel unit, including the lockout, if any.

[3]

The minimum gross floor area for a lockout unit (room) shall be 350 square feet.

[4]

The minimum gross floor area for hotel unit shall be 250 square feet.

(b)

For purposes of calculating the minimum required floor area of a unit, balconies may be calculated in the gross unit floor area, not to exceed 15% percent of the total floor area of the unit.

(12)

Subdivision of hotels and motels.

(a)

Definitions.

[1]

For the purposes of this section the term "subdivision of a hotel or motel" shall mean the sale, conveyance, or long-term lease or sublease (for more than six months) of five% or more of the units in a hotel or motel by the same seller, lessor or sublessor. This definition is not applicable to the transfer of an entire hotel or motel to the same transferee.

[2]

For purposes of this section the term "subdivided property" shall mean all hotel or motel units and all other components of any subdivided hotel or motel.

(b)

The subdivision of a hotel or motel may be permitted for only those properties constructed prior to 1984; and provided, however, should the property be converted to an apartment hotel and/or apartment (multifamily residential unit) the minimum and average unit size shall be in accordance with § 265-35D(11) and parking, density and all other zoning requirements shall be met. Any person or entity who intends to subdivide a hotel or motel shall deliver written notice of said intended subdivision to the City on or before the earlier of either offering to enter into or entering into any agreement or contract for sale, conveyance, lease, or sublease which would result in a subdivision.

[1]

If there shall be a subdivision of any hotel or, no permit, certificate of use and occupancy or any other governmental approval shall be issued or granted except in emergencies for any subdivided property, unless and until the owner shall demonstrate to the City that the subdivided property shall continue to comply with all the provisions and regulations of this chapter and any resolutions adopted pursuant hereto. The procedure for demonstrating such compliance shall be established by submission of documentation pursuant to regulations to be promulgated by the City Commission.

[2]

It shall be presumed that the subdivision of a hotel or motel results in a change of use to nonhotel or nonmotel use. This presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the City Commission. The presumption shall be rebutted whenever such an applicant shall establish at public hearing that the property will continue to be utilized as a hotel or motel. In civil proceedings the presumption of change of use shall shift the burden of proof on this issue to the party against whom it operates; and in criminal proceedings the presumption shall constitute prima facie evidence of a change in use.

[3]

The presumption established by this subsection shall not go into effect for a hotel or motel if: prior to June 6, 1984, units in the hotel or motel have been offered to the public for sale, conveyance, lease, or sublease which would result in a subdivision; an application to rebut is filed pursuant to this subsection within 60 days after June 15, 1984; and said application is approved. For a hotel or motel which may qualify pursuant to this subsection, no presumption shall go into effect until the later of the expiration of said 60-day period without the filing of an application to rebut, or a final determination that the applicant has failed to rebut the presumption. This section will not apply to any development or application for development order issued by the City Commission after the enactment of this chapter.

[4]

This section shall not apply to any units or other components of a subdivided property which were sold, conveyed, leased, or sublease to the public in bona fide transactions by the subdivider prior to June 15, 1984, nor to any units or components so transferred after June 15, 1984, pursuant to a bona fide contract with the transferee entered into before June 15, 1984. The term "bona fide" shall mean for a valid business purpose other than avoiding the applicability of this section. Except as otherwise specifically provided herein all provisions of this section shall be applicable to all hotel or motel property undergoing subdivision after June 15, 1984, regardless of whether there was any prior subdivision thereof. Nothing contained in this section shall prevent the City from taking any and all enforcement actions authorized by the City's Building and Zoning Regulations, independent of this section.

[5]

This section shall not apply to applications for development, public hearings or properties that have not received certificates of occupancy after the enactment of this chapter.

(13)

Parking garage/rooftop open space. The roof of every parking garage shall be landscaped or improved for active or passive recreational and open space use in accordance with design standards of Article X, Landscaping Requirements. A maximum of five% of the total required on-site parking spaces will be permitted to be located on open rooftops provided such parking shall be screened from upper level views through the use of canopies or landscaped trellis structures.

(14)

Loading.

(a)

Size. In conformance with the provisions of § 265-46D(1), however, for the purposes of this district, one of the required loading space(s) shall have a minimum dimension of 11 feet in width and 35 feet in length.

(b)

Location. Loading spaces shall not be located within the front setback area except within 15 feet of a side property line, and all off-loading activity shall occur east of the front setback area. Loading facilities must be designed so that vehicles access and exit the site at Collins Avenue in a forward motion. Not more than one loading space may utilize a public beach access easement provided that such easement is not within 100 feet of a signalized crosswalk on Collins Avenue and further provided that paving materials of the space and access lane meet the City's beach access walkway design standards and criteria. At such times as a beach access easement is utilized for loading activity, signage alerting the public of a temporary closure of the walkway shall be posted at the Collins Avenue and beach access ends of the easement.

(15)

Open space. Landscaped open space not less than 40% of the total lot area shall be provided. Required open space may be located at grade or on flat structure rooftops. Pools and pool decks, unenclosed recreational facilities and play areas, and landscaped plazas may be counted towards the open space requirement provided that not more than 50% of the required open space shall be in hard surfaced areas and all such paved areas be landscaped with shade trees and palms consistent with the recreational use of the space. Publicly accessible open space provided in accordance with § 265-35D(9)(c)[5], Public oceanfront park and open space enhancements bonus, may be counted towards meeting the open space requirement.

(16)

Accessory use design standards.

(a)

Business or commercial establishments permitted as conditional uses in § 265-34C(3) shall be located within the principal use building, provided the exterior of any such principal use building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from Collins Avenue. In the event the use contains windows, which may be seen from the street or highway, said windows shall be of fixed, opaque glass. Such business or commercial establishments and bars in this district shall be entered only through the lobby and no additional entrances shall be permitted, except when the same opens into a courtyard or patio (away from the street side) which is enclosed and which is not visible from the street and except that a fire door or emergency exit shall be permitted. Poolside concessions not exceeding 1,500 square feet of roofed area serving nonalcoholic and alcoholic beverages and food principally as a service to users of recreational and landscaped on-site open space are excluded from this accessory use standard. Hotels, motels and apartment hotels which extend from Collins Avenue to the ocean, and which have the required number of guest rooms or apartment units may have the permitted business or commercial establishment on the beach end of the site with a direct opening to the public beachfront.

(b)

Hotels which contain a night club, and/or bar on the premises, shall not have exterior store fronts or give the appearance of commercial or mercantile activity as viewed from adjoining public street right-of-way. In the event the use contains windows, which may be seen from Collins Avenue, said windows should be of fixed opaque glass. Such night club shall be entered only through the lobby, and no additional entrance shall be permitted, except when the same opens into a courtyard or patio (away from street side) which is enclosed and which is not visible from the street and, except that a fire door or exit shall be permitted.

(c)

Cabanas built after the adoption of these LDRs provided they are strictly incidental to apartment use, apartment hotel, motel or hotel shall not be used nor rented or leased to any person other than a guest of the apartment house, apartment hotel, motel or hotel. Cabanas shall not be sold to other than an owner or owners of a unit within the same development and shall not be used as a dwelling unit.

(Amended 6-19-2003 by Ord. No. 2003-171; 10-23-2003 by Ord. No. 2003-183; 1-15-2004 by Ord. No. 2004-192; 4-11-2006 by Ord. No. 2006-257; 11-15-2007 by Ord. No. 2007-291; 12-13-2007 by Ord. No. 2007-292; Ord. No. 2011-377, § 3, 11-17-2011; Ord. No. 2012-381, § 2, 2-16-2012; Ord. No. 2012-393, § 2, 10-18-2012; Ord. No. 2014-419, 1-16-2014; Ord. No. 442, § 2, 1-15-2015; Ord. No. 2015-449, § 2, 3-19-2015; Ord. No. 2015-464, § 2, 10-15-2015; Ord. No. 2015-470, § 2, 12-17-2015; Ord. No. 2018-521, § 2, 5-17-2018; Ord. No. 2021-562, § 34, 3-18-2021)