A.

Purpose. The Neighborhood Business District (B-1) is established to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood-oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel. Typical uses to be found in the Neighborhood Business District include a food supermarket, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices. Mixed-use developments that integrate residential over retail or office use are encouraged, especially to promote live/shop/work associations within the same site. They should be designed to be an integral, homogeneous component of the neighborhoods they serve, oriented to pedestrian traffic as well as vehicular. Because of the nature and location of the Neighborhood Business District, they should be encouraged to develop in compact centers under a unified design that is architecturally compatible with the neighborhood which they are located adjacent to. Further, such districts should not be so large or broad in scope of services as to attract substantial trade from outside the neighborhood. Lot assembly, however, shall be encouraged to promote enhanced at-grade pedestrian and bicycle circulation systems, greater site design efficiency, especially for parking, and reduced vehicular circulation drive impacts.

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 the RMF-1 District.

(2)

Retail uses.

(3)

Banks and financial institutions.

(4)

Conservatories and music and dance schools.

(5)

Health spas and studios.

(6)

Hotels.

(7)

Offices: business, medical and professional.

(8)

Pet grooming and supplies with no kennels or overnight animal boarding.

(9)

Restaurants and coffee houses or dining rooms with incidental sales of alcoholic beverages.

(10)

Religious facilities.

(11)

Schools.

(12)

Post office and self-service postal stores for walk-up trade.

(13)

Telecommunications facilities.

C.

Conditional uses.

(1)

Open, unenclosed display and sales of flowers, fruits and vegetables as an accessory use to an adjacent established business housed in a permanent structure.

(2)

Open, unenclosed display and sales of retail merchandise from pushcarts and kiosks.

(3)

Temporary public markets, festivals and special events limited to three consecutive day periods.

(4)

Bars, taverns, lounges, provided that individual establishments shall not exceed 3,000 square feet in gross floor area. There shall be a 300-foot distance separation between any two such establishments. Bars, taverns, and lounges located within a hotel and without direct grade-level exposure and access to the building front setback area shall not be subject to the distance separation requirement.

(5)

Veterinarians and ancillary kennels fully enclosed.

(6)

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.

(7)

Commercial marinas or boat storage.

(8)

Non-motorized or motorized watercraft leasing or launching facilities.

(9)

Storage facilities.

D.

Uses prohibited. The permitted uses listed in this district shall not be construed to include, either as a principal or accessory use, any of the following:

(1)

Adult entertainment as defined in Article II.

(2)

Pawnshops.

(3)

Apartment-hotels.

E.

Site development standards.

(1)

Floor area ratio. Except as provided hereinbelow, the maximum floor area ratio shall be 2.0 for all uses. The floor area ratio may be increased only in accordance with the following bonus provisions and limitations and in accordance with the adopted Sunny Isles Beach Comprehensive Plan.

(a)

Enclosed parking bonus. The floor area ratios shall be increased by 0.40 for developments that provide 75% or more of the required on-site parking in enclosed structures that fully screen vehicles from exterior views.

(b)

Sunny Isles Beach public parking bonus. The floor area ratios 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, are 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 0.25 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.

(c)

Collins Avenue/Sunny Isles Boulevard public streetscape enhancement bonus. The floor area ratio shall be increased for developments that participate in the City's Public Streetscape Enhancement Trust Fund, as established and administered by the City for the purposes of implementing 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 trust fund designated for beach enhancements, up to a maximum additional 0.30 F.A.R. bonus. A participation unit, for the purpose of the 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.

(d)

Site assembly bonus. For parcels over 20,000 square feet in area, the floor area ratio shall be increased by 0.05 for each additional 10,000 square feet of lot area, up to a maximum additional 0.50 FAR bonus.

(2)

Maximum dwelling unit density. The maximum dwelling unit density shall be as follows:

(a)

Apartments. Except as modified in Subsection E(3) below, the maximum number of residential dwelling units shall not exceed a density of 25 dwelling units per acre.

(3)

The maximum dwelling unit density shall be increased only in accordance with the following dwelling unit density bonus. provisions and limitations:

(a)

Dwelling unit density bonus. The maximum dwelling unit density may be increased by one dwelling unit per acre for each 0.02 increase in FAR granted in accordance with § 265-36E(1) of the City Code, up to a maximum density of 80 dwelling units per acre.

(b)

Affordable housing density bonus. The maximum dwelling unit density with bonuses as provided in Subsection E(3)(a) above may be increased by five units per acre to a maximum of 85 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.

(4)

Maximum height of buildings abutting Atlantic Boulevard.

(a)

The maximum height of a building shall be 55 feet above the centerline of the street for the sites that have a property line contiguous with an R-1 or R-TH District. That portion of a building within 100 feet of an RMF-zoned property shall be limited to three feet of building height over 35 feet above grade for every one foot of distance from the RMF District. The maximum height shall not exceed 190 feet.

(b)

Buildings abutting Collins Avenue. The maximum height shall not exceed 190 feet. The height of a building shall be as follows:

[1]

For parcels with over 250 feet of depth, the maximum height for the building shall be 50 feet (four stories) for the first 130 feet set back from the front property line, 100 feet (eight stories) for the next 100 feet, then 190 feet (19 stories).

[2]

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

[3]

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

(5)

Lot coverage. The total lot coverage permitted for all buildings, including parking on the site, shall be 80%.

(6)

Minimum setbacks.

(a)

Front:

[1]

Minimum of 25 feet for properties abutting Atlantic Boulevard.

[2]

Minimum of 25 feet for properties abutting Collins Avenue and which provide 15 feet of colonnade.

[3]

Minimum of 40 feet for properties abutting Collins Avenue and which do not provide 15 feet of colonnade.

(b)

Rear: minimum of five feet, except where the building abuts a residential district and Atlantic Boulevard, the setback shall be 15 feet. The setback shall be 25 feet where the building abuts Atlantic Boulevard. 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.

(c)

Side: minimum of ten feet, except that where the building abuts a residential district, the setback shall be 15 feet. 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.

(7)

Minimum lot width: 100 feet.

(8)

Landscaped open space.

(a)

A minimum of 20% of the lot area shall be landscaped and improved with pedestrian walkways, courtyards, street furniture, lighting and plantings.

(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.

(9)

Minimum lot area: 10,000 square feet.

(10)

Building separation on separate parcels abutting Collins Avenue. When there are two towers located on different property, a minimum separation of 50 feet shall be maintained between pedestals (50 feet or less in height) and a minimum separation of 100 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.

(11)

Minimum unit size for hotel.

(a)

The minimum gross floor area for a 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 hotel unit, including the lockout, if any.

(b)

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

(c)

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

(d)

For purposes of calculating the minimum required gross floor area of a unit, balconies may be included in such calculation but it shall not to exceed 15% percent of the total gross floor area of the unit.

(Amended 11-20-2003 by Ord. No. 2003-184; 1-15-2004 by Ord. No. 200-192; 4-11-2006 by Ord. No. 257; 4-11-2006 by Ord. No. 257; 12-14-2006 by Ord. No. 2006-272; 12-13-2007 by Ord. No. 2007-292; Ord. No. 2012-381, § 3, 2-16-2012; Ord. No. 2012-393, § 2, 10-18-2012; 6-20-2013 by Ord. No. 2013-408; 9-19-2013 by Ord. No. 2013-411; Ord. No. 2014-422, 3-20-2014; Ord. No. 2015-470, § 3, 12-17-2015; Ord. No. 2016-489, § 2, 10-20-2016; Ord. No. 2018-521, § 3, 5-17-2018)