A.

Purpose and intent.

(1)

The Business Overlay District is established to encourage and provide locations for cultural and educational uses and facilities within the City of Sunny Isles Beach. The Business Overlay District is intended to be applied to and overlay the Mixed Use-Business Land Use category, outside of the Town Center District (TCD). This land use category is intended to provide services primarily for surrounding residential areas, neighboring communities and visitor populations in an environment oriented to the pedestrian and adjacent street frontages. The Business Overlay District is designed to supplement and complement the existing Neighborhood Business District (B-1) zoning category. If the Business Overlay District imposes a greater restriction than the underlying district regulations, the Business Overlay District shall control.

(2)

The additional purposes of the Business Overlay District established in this section are:

(a)

To provide incentives for the granting of right-of-way easements or dedications for public vehicular use and public pedestrian paths;

(b)

To encourage a convenient, balanced multi-modal transportation system;

(c)

To enhance continuous pedestrian paths and pedestrian mobility;

(d)

To promote transit usage and public access to parks and open space;

(e)

To promote the extension of North Bay Road to facilitate pedestrian and vehicular access from 183rd Street to 185th Street.

B.

Permitted uses. No building or structure, or part thereof, within the Business Overlay 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 section:

(1)

All uses permitted in RMF-1 District.

(2)

Retail uses.

(3)

Banks and financial institutions.

(4)

Conservatories and music and dance schools.

(5)

Art school.

(6)

Performing arts center; live theater.

(7)

Art gallery.

(8)

Health spas and studios.

(9)

Hotels.

(10)

Offices: Business, medical and professional.

(11)

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

(12)

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

(13)

Religious facilities.

(14)

Schools.

(15)

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

(16)

Telecommunications facilities.

(17)

Education learning centers.

C.

Conditional uses.

(1)

All conditional uses provided for in the RMF-1 and B-1 zoning districts.

(2)

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.

(3)

Commercial marinas or boat storage.

(4)

Non-motorized or motorized watercraft leasing or launching facilities.

(5)

Gaming facilities and bingo halls.

D.

Prohibited uses. The permitted uses listed in this Business Overlay 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)

Auto repair, gas stations, service stations, car washes.

(4)

Manufacturing facilities.

(5)

Wholesale, warehouse and distribution facilities.

(6)

Storage facilities.

(7)

Apartment hotels.

E.

Site development standards.

(1)

Floor area ratio. Except as provided hereinbelow, the maximum floor area ratio (FAR) shall be 2.0 for all uses. The FAR 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 FAR shall be increased by 0.40 for developments that provide 75% or more of the required on-site parking in enclosed structures fully screening vehicles from exterior views.

(b)

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 FAR shall be granted for each "participation unit" contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.25 FAR 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 FAR 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 FAR shall be granted for each "participation unit" contributed to the capital improvements trust fund designated for beach enhancements up to a maximum additional 0.30 FAR 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 FAR 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)

Dwelling unit density bonus. The maximum dwelling unit density shall be increased only in accordance with the following 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 ten 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)

Buildings abutting 185th Street. Except as provided below in Subsection E(4)(a), the maximum height of a building shall be 55 feet above the center line 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 R-1 or R-TH District-zoned property shall be limited to three feet of building height over 35 feet above grade for every one foot of distance from the R-1 or R-TH District. The maximum height shall not exceed 190 feet.

(a)

Land dedication height bonus. Owners of land parcels within the Business Overlay District may dedicate land by easement to the City for use as a right-of-way in return for an increase in the overall permitted height in the Business Overlay District. Permitted height may be increased at the rate of 1.5 feet of height for each foot of width of public right-of-way that is dedicated to the City. The maximum width of the right-of-way shall not exceed 50 feet. Such easements shall be recorded in the public records and maintained as easements in perpetuity. The City Commission shall have the discretion to accept or reject the dedication depending on whether it will enhance pedestrian mobility and vehicular access, ease traffic congestion, and is otherwise in the best interest of the City. The maximum height shall not exceed 265 feet. Notwithstanding the foregoing, sites that have a property line contiguous with an R-1 or R-TH District-zoned property shall comply with the following: that portion of a building within 100 feet of an R-1 or R-TH District-zoned property shall be limited to three feet of building height over 35 feet above grade for every one foot of distance from the R-1 or R-TH District.

(b)

Street-level pedestrian promenade bonus. An owner of land adjacent to an R1, R-TH or RMF-1 zoned property may dedicate a public pedestrianway easement of not less than 20 feet in width to the City. Dedication of this easement, after approval by the City Commission, shall entitle the property owner to a 0.10 FAR bonus in accordance with § 265-36E(1) of the City Code.

(c)

Dedicated land. Land dedicated pursuant to Subsections E(4)(a) and (b) shall be calculated as part of the lot's area for purposes of determining permitted density and floor area as well as compliance with all zoning requirements.

(d)

Building abutting Collins Avenue. Except as provided in Subsection E(4)(a) above, the maximum height shall not exceed 190 feet. The maximum 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; for the remaining dept of the parcel the building height permitted is 190 feet for a maximum overall height of 19 stories.

[3]

For 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 front property line, then 190 feet (19 stories).

(5)

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.

(6)

Minimum lot width: 100 feet.

(7)

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.

(8)

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

(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.

F.

Boundaries of district. The boundaries of the Business Overlay District shall be 185th Street on the north and 178th Street on the south. Collins Avenue on the east, Atlantic Boulevard and the Intracoastal Waterway on the west.

G.

Amendment of Zoning Map. The City's Zoning Map shall be amended to reflect the Business Overlay Zoning District.

(Ord. No. 2006-245, 2-16-2006; Ord. No. 2006-272, 12-14-2006; Ord. No. 2009-320, 4-16-2009; Ord. No. 2012-381, § 4, 2-16-2012; Ord. No. 2012-393, § 2, 10-18-2012; Ord. No. 2013-411, 9-19-2013; Ord. No. 2013-416, 11-21-2013; Ord. No. 2014-439, § 2, 11-20-2014; Ord. No. 2015-470, § 4, 12-17-2015; Ord. No. 2016-489, § 3, 10-20-2016; Ord. No. 2018-521, § 4, 5-17-2018)