Sweetwater City Zoning Code

ARTICLE II

ZONING

2.01.00.- Purpose.

It is the purpose of this article to establish zoning districts, and to regulate the uses permitted within each district.

To accomplish these objectives, the regulations and districts and accompanying maps have been designed with reasonable consideration, among other things, for the character of the districts and their peculiar suitability for particular uses.

2.02.00. - Establishment, designation, and application of districts.

2.02.01. Establishment of districts. In order to classify, regulate and restrict the use of land, water, buildings and structures, to regulate and restrict height and bulk of buildings, to regulate the intensity of land use, and to promote the orderly urban growth of the City of Sweetwater, the city is divided into 15 districts as follows:

IU	Interim Use District
RS	Single-Family Residential District
RD	Duplex Residential District
RTW	Twin Homes Residential District
RM-15	Low Density Multifamily Residential District
RM-24	High Density Multifamily Residential District
UD	University District
DCUC	Dolphin Community Urban Center
C-1	Limited Commercial District
C-2	Special Commercial District
C-3	Liberal Commercial District
T-1	Trailer Park District
SPO	Semi-Professional Office District
I-1	Industrial Light Manufacturing District
I-2	Industrial Heavy Manufacturing District
I-3	Industrial Conditional District

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.02.02. Designation of district boundaries. The boundaries of each district are designated and established as shown on the Official Zoning Map of the City of Sweetwater, Florida. The boundaries of the districts shown upon the official zoning map are hereby adopted and approved and the regulations of this code governing the use of land and buildings, the height of buildings, lot areas, setbacks, floor areas, lot coverage, parking and loading requirements are hereby declared to be in effect upon all land included within the boundaries of each and every district shown upon the official zoning map.

2.02.03. Rules for interpretation of district boundaries. When uncertainty exists as to the boundaries of districts on the official zoning map, the following rules shall apply;

Location of district boundary lines.

Centerline. Boundaries indicated as approximately following the centerline of streets, highways, and alleys shall be construed to follow such lines.

Lot, section, tract lines. Boundaries indicated as approximately following platted lot lines, section or tract lines shall be construed as following such lot lines.

Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed as following such boundaries.

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, or other bodies of water shall be construed to follow such centerlines.

Parallel lines. Boundaries that are approximately parallel to the centerlines or right-of-way lines of streets, the centerlines or alley lines of alleys, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the official zoning map.

Bisecting lines. Boundaries that approximately bisect a block, lot, or tract shall be construed to follow the median lines of such blocks, as indicated by rear property lines or as measured between the centerline of boundary streets in the absence of rear property lines or in the absence of both of the above, by use of the scale appearing on the official zoning map.

Uncertainties. Where physical or cultural features existing on [the] ground are at variance with those shown on the official zoning map, or in case any other uncertainty exists, the city commission shall interpret the intent of the official zoning map as to the location of district boundaries.

Street abandonments. Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street, or alley.

2.03.00. - The official zoning map.

2.03.01. Map adoption.

The official zoning map is hereby made a part of and incorporated in this code. Originals of the map shall be the official zoning map and shall be retained at the City of Sweetwater City Clerk's office.

The official zoning map shall be part of the public records of the City of Sweetwater and shall be made available for public inspection and shall be the final authority as to the current zoning status of land areas, buildings, and other structures in the City of Sweetwater.

2.03.02. Map amendment. No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this code. If in accordance with procedures of this code, changes are made in district boundaries, such changes shall be made on the official zoning map promptly after official adoption of the amendment.

2.04.00. - Allowable uses within each zoning district.[1]

2.04.01. (IU) Interim use district.

Uses permitted:

Single-family home.

Raising of poultry and fowl provided same are not kept within 100 feet of a residential building on adjoining property nor within 50 feet of a side or rear property line and provided further that in no case shall the size of a flock of poultry or fowl exceed 25 in number (incidental to existing residential use).

It shall be permissible to keep and maintain any combination of horses and cows, not to exceed two in number; provided (1) such use is incidental to an existing residential use, (2) the area used to keep and maintain such animals is part of the residential site, and (3) that such animals are fenced at least 50 feet from property under different ownership. One additional animal may likewise be kept and maintained for each acre in excess of the first acre that is part of the residential site on those estates which are five acres or less in size. On those estates which are between five and nine acres in size, one additional animal may likewise be kept and maintained for each additional two acres that forms part of the residential site larger than five acres. On those estates which are larger than nine acres in size, one additional animal may likewise be kept and maintained for each additional five acres that forms part of the residential site larger than nine acres. The total of all such animals shall not exceed ten. In no event shall the property be used for the keeping of such animals owned by others than those residing on the property.

Limited truck gardening, incidental to an existing residential use, and fruit growing, provided no signs are displayed regarding the sale of products so raised. Such use shall be confined to an area no closer than ten feet to an official highway right-of-way line.

Beekeeping not to exceed five hives, provided the same are located no closer than 150 feet to a highway line nor closer than 150 feet to a residential structure.

Accessory structures associated with single-family homes and agriculture-related uses listed above.

Rapid transit zone—Dolphin Station Subzone as permitted under Section 33C-16 of Miami Dade County Code.

Parks and open spaces.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 5168, § 2(Exh. B), 6-2-2025)

2.04.02. (RS) Single-family residential district.

Purpose. The purpose of this district is to provide suitable sites for the development of detached single-family dwellings.

Uses permitted.

Single-family dwellings.

Public parks and playgrounds.

Private recreation areas.

Golf courses.

Accessory structures.

Publicly owned facilities, such as police and fire stations, so long as they are designed in accordance with the nature of the surrounding uses and a landscape buffer is provided along any property boundaries abutting any adjacent residential property, and has an approved site plan in accordance with this code.

Child day care and after-school care facilities upon compliance with the following conditions:

That the total number of children on the premises does not exceed five in number, including in the count the children of the resident family.

That the age of the children, excluding those of the resident family, shall not exceed 11 years.

That prior approval of the building and use is secured in writing from the Miami-Dade County Health Department, the Miami-Dade County Fire Department, and the Florida Department of Health and Rehabilitative Services.

Where applicable, compliance with the requirements of this code, pertaining to educational and child care facilities.

Upon compliance with all the conditions enumerated above, a certificate of use or occupancy is secured from the City of Sweetwater Building Department.

Professionals may conduct a home business as provided for in the City's Code of Ordinances. The professional business shall not advertise that the business is being conducted on the premises.

Garage sales permitted as provided for in the City's Code of Ordinances.

No other use is permitted in this single-family residential district other than those set forth in this section.

Single room occupancy—aimed at workforce housing or university students, who rent small furnished single rooms (bedroom) subject to the following conditions:

Minimum lot area 10,000 square feet.

Maximum four single bedrooms per permitted dwelling unit.

All single rooms (bedrooms) shall contain a private full bathroom with only one bed.

Minimum size of bedroom shall be 120 square feet including bathroom.

Minimum of one parking space per bedroom.

Only one kitchen permitted per dwelling unit.

Dwelling units shall contain washer/dryer and water heater.

Off-street parking shall be constructed in accordance with 4.03.04.D.a.—c.

Each off-street parking space shall open to an aisle or driveway that is not a public street. Tandem parking is allowed.

10.

Workforce housing target income for single room occupancy shall be for those individuals whose earning range is from 60 percent up to 140 percent of the county's median income.

11.

A declaration of restrictive covenants, encumbering the entire development, approved in form by the building and zoning department director sufficient for recording in the public records of Miami-Dade County, Florida, including provisions requiring development of a specified number, type, and location of all dwelling units, a general plan for staging construction of all units, and such other provisions as the department may require to demonstrate the applicant's compliance with this section.

In the event that the occupancy is for student housing, property owner shall demonstrate to the city that the occupant is a registered student.

12.

Leases of the single room occupancy shall be for a minimum of one year.

13.

Property may not be a subject to a homestead exemption.

(Ord. No. 2981, § 1(2.04.01(B)), 8-12-2002; Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4675, § 2(Exh. A), 10-5-2021)

2.04.03. (RD) Duplex residential district.

Purpose. The purpose of this district is to provide suitable sites for the development of duplex (two-family) residential dwelling units.

Uses permitted.

Duplex (two-family) dwellings.

Single-family dwellings.

Public parks and playgrounds.

Churches, synagogues and other similar houses of worship, provided that:

The minimum site area shall be one acre.

No structure shall be located less than 50 feet from any adjacent residential property.

All such uses shall be located on and oriented toward an arterial roadway.

Accessory structures.

Child day care and after-school care facilities upon compliance with the conditions enumerated in subsection 2.04.02B.g.

Adult congregate living facilities (ACL), provided that the adult congregate living facilities obtain the appropriate licenses and permits from the state and county and the city.

Single room occupancy aimed at workforce housing or university students who rent small furnished single rooms (bedroom) subject to the following conditions:

Minimum lot area 10,000 square feet.

Maximum four single bedrooms per permitted dwelling unit.

All single rooms (bedrooms) shall contain a private full bathroom with only one bed.

Minimum size of bedroom shall be 120 square feet including bathroom.

Minimum of one parking space per bedroom.

Only one kitchen permitted per dwelling unit

Dwelling units shall contain washer/dryer and water heater.

Off-street parking shall be constructed in accordance with 4.03.04.D.a.—c.

Each off-street parking space shall open to an aisle or driveway that is not a public street.

10.

Workforce housing target income for single room occupancy shall be for those individuals whose earning range is from 60 percent up to 140 percent of the county's median income.

11.

In the event that the occupancy is for student housing, property owner shall demonstrate to the city that the occupant is a registered student.

12.

Leases of the single room occupancy shall be for a minimum of one year.

13.

Property may not be a subject to a homestead exemption.

(Ord. No. 2981, § 1(2.04.02(B)), 8-12-2002; Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4675, § 2(Exh. A), 10-5-2021)

2.04.04. (RTW) Twin homes residential district.

Purpose. The purpose of this district is to provide suitable sites for the development of relatively small single-family detached units on reduced-size platted lots by utilizing a common zero lot line setback concept to create a relatively spacious large-lot neighborhood appearance.

Uses permitted.

Single-family detached homes, developed in pairs on separate lots with a common zero side yard setback.

Any use permitted in the RS and RD districts; the standards of those districts shall be applicable where construction of single-family or duplex structures is to take place.

Single room occupancy aimed at workforce housing or university students who rent small furnished single rooms (bedroom) subject to the following conditions:

Minimum lot area 10,000 square feet.

Maximum four single bedrooms per permitted dwelling unit.

All single rooms (bedrooms) shall contain a private full bathroom with only one bed.

Minimum size of bedroom shall be 120 square feet including bathroom.

Minimum of one parking space per bedroom.

Only one kitchen permitted per dwelling unit.

Dwelling units shall contain washer/dryer and water heater.

Off-street parking shall be constructed in accordance with 4.03.04.D.a.—c.

Each off-street parking space shall open to an aisle or driveway that is not a public street.

10.

Workforce housing target income for single room occupancy shall be for those individuals whose earning range is from 60 percent up to 140 percent of the county's median income.

11.

In the event that the occupancy is for student housing, property owner shall demonstrate to the city that the occupant is a registered student.

12.

Leases of the single room occupancy shall be for a minimum of one year.

13.

Property may not be a subject to a homestead exemption.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4675, § 2(Exh. A), 10-5-2021)

2.04.05. (RM-15) Low density multifamily residential district.

Purpose. The purpose of this district is to provide suitable sites for the development of low density multifamily residential uses in a landscaped open space setting.

Uses permitted.

Multifamily dwellings and zero lot line development.

Any use permitted in the RS, RD or RTW district; the standards of these districts shall be applicable where construction of single-family or duplex structures is to take place.

Private recreation areas.

Golf courses.

Churches, schools, colleges and universities, including dormitories.

Accessory structures, which are supportive and compatible with permitted residential structures, including but not limited to recreation buildings, tennis courts, cabanas, swimming pools, garages, and storage facilities; shall be related to and available for the common usage of all project residents.

Single room occupancy aimed at workforce housing or university students who rent small furnished single rooms (bedroom) subject to the following conditions:

Minimum lot area 10,000 square feet.

Maximum four single bedrooms per permitted dwelling unit.

All single rooms (bedrooms) shall contain a private full bathroom with only one bed.

Minimum size of bedroom shall be 120 square feet including bathroom.

Minimum of 1.25 parking space per bedroom.

Only one kitchen permitted per dwelling unit

Dwelling units shall contain washer/dryer and water heater.

Off-street parking shall be constructed in accordance with 4.03.04.D.a.—c.

Each off-street parking space shall open to an aisle or driveway that is not a public street.

10.

Workforce housing target income for single room occupancy shall be for those individuals whose earning range is from 60 percent up to 140 percent of the county's median income.

11.

In the event that the occupancy is for student housing, property owner shall demonstrate to the city that the occupant is a registered student.

12.

Leases of the single room occupancy shall be for a minimum of one year.

Landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

Zero lot line development standards

Uses permitted. Detached one family dwellings shall be permitted on individually platted lots in the RM-15 and RM-24 districts when approved at public hearing.

Size of parcel. A parcel having a minimum size of three acres will be required for the subdivision into individually platted lots according to this ordinance.

Minimum lot size.The minimum lot size permitted shall be 2,100 square feet with a minimum width of 35 feet. This shall not include any areas for streets, private roads, common open space, recreation areas, or waterbodies.

Private roads. Private roads are permitted to provide access to the lots. Private roads shall conform to the following standards:

(1)

Width. A minimum of 30 feet of pavement including a five foot clear easement on each side of said private road to provide a 30 foot private right of way. Said pavement shall be striped to line a 20 foot driving surface.

Dwelling unit setback.

(1)

Interior side yard. The dwelling unit shall be placed on one interior side property line with a zero setback and the dwelling unit setback on the other interior side property shall be a minimum of 5′ 1″.

(2)

Side street setback. The dwelling setback shall be a minimum of ten feet from the side street property line.

(3)

Front setback. All dwelling structures shall be set back a minimum of ten feet from the front property line on areas where there is no interference with the required parking. At the location of the required parking, the dwelling units shall be set back a minimum of 20 feet from the front property line.

(4)

Rear setback. The dwelling unit shall be set back a minimum of five feet from the rear property line.

(5)

Adjacent development. All dwelling units on perimeter lots shall be set back a minimum of ten feet from the property line adjacent to any development other than those developments which are of the same nature.

(6)

Accessory buildings and structures shall observe setback requirements.

Maximum lot coverage. The total lot coverage permitted for all buildings on the site shall not exceed 60 percent of the lot area.

Platting requirements. Each dwelling shall be located on its own individual platted lot. Where private roads are used for access to the individual lots, said private roads shall be platted as common use area tracts designated for such use. Satisfactory arrangements shall be made for the maintenance of any areas for common use of occupants of the development shown on the plat, such areas shall be maintained by a city-approved homeowners association in accordance with section 33-284.43(N) of the Dade County Code and shall comply with the registration requirements set forth in Ordinance No. 1780 of the City of Sweetwater (Section 5-23 of the City Code). The plat shall indicate the zero lot line and easement appurtenant thereto.

Building height. The maximum building height shall not exceed two stories and/or 35 feet in height.

Openings prohibited on the zero-lot line side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioner units, or any other type of openings

Parking. A minimum of two off-street parking spaces shall be provided on each platted lot. Garages shall not be credited toward the parking requirements. Where private roads are used, parking spaces shall be located as to maintain a clear area of five feet between the private drive pavement and the rear of the vehicle.

Fences. The rear and side lot yards shall be fenced using opaque fencing. The side fence shall not extend closer than 20 feet from the front property line.

Maintenance and drainage easements. A perpetual four foot wall maintenance easement shall be provided on the lot adjacent to the zero-lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot by a maximum of 16 inches, but the roof shall be so designed that water runoff from dwelling placed on the adjacent lot line is limited to the easement area.

Trees. Trees shall be provided on the basis of two trees for each platted lot.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4675, § 2(Exh. A), 10-5-2021)

2.04.06. (RM-24) High density multifamily residential district.

Purpose. The purpose of this district is to provide suitable sites for the development of high density multifamily residential uses in a landscaped open space setting.

Uses permitted.

Multifamily dwellings.

Any use permitted in the RS, RD, RTW or RM-15 districts; the standards of those districts shall be applicable where construction of single-family or duplex structures is to take place.

Accessory structures which are supportive and compatible with permitted residential uses, including but not limited to recreation buildings, tennis courts, cabanas, swimming pools, garages, and storage facilities; shall be related to and available for the common usage of all project residents.

Single room occupancy aimed at workforce housing or university students who rent small furnished single rooms (bedroom) subject to the following conditions:

Minimum lot area 10,000 square feet.

Maximum four single bedrooms per permitted dwelling unit.

All single rooms (bedrooms) shall contain a private full bathroom with only one bed.

Minimum size of bedroom shall be 120 square feet including bathroom.

Minimum of 1.25 parking space per bedroom.

Only one kitchen permitted per dwelling unit.

Dwelling units shall contain washer/dryer and water heater.

Off-street parking shall be constructed in accordance with 4.03.04.D.a.—c.

Each off-street parking space shall open to an aisle or driveway that is not a public street.

10.

Workforce housing target income for single room occupancy shall be for those individuals whose earning range is from 60 percent up to 140 percent of the county's median income.

11.

In the event that the occupancy is for student housing, property owner shall demonstrate to the city that the occupant is a registered student.

12.

Leases of the single room occupancy shall be for a minimum of one year.

Landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4675, § 2(Exh. A), 10-5-2021)

2.04.07. (C-1) Limited commercial district.

Purpose. The purpose of this district is to provide suitable sites for residential mixed use and residential use, office, retail and/or service oriented commercial uses to serve the community. Any such use shall be conducted within completely enclosed buildings, except for outside cafes which are incidental to a restaurant subject to approval of the building official as to number of tables and appropriate space to ensure the health and safety of the citizenry. During special events as defined and permitted under the city's Code of Ordinances and subject to the approval of the building official, tents may be erected on a temporary basis upon such terms and conditions specified by the building official to protect the health and safety of the citizenry.

Uses permitted. Those uses with the (cu) prefix shall be permitted only if conditional use is approved by the city commission after a public hearing. The city commission may impose conditions and/or restriction upon those uses.

(1)

Residential mixed-use and multi-family residential uses that provide affordable and/or work force housing in accordance with SB 102 and subject to the following provisions.

(a)

Maximum lot coverage 40 percent.

(b)

Density. The maximum density allow is the highest residential density permitted in the City of Sweetwater.

(c)

Height. The maximum height permitted for allowed commercial or residential development within one mile of proposed development or three stories whichever is higher.

(d)

Minimum setback.

Front. 25 feet for structures not exceeding 35 feet in height: for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height; provided, however, that the required front setback shall not exceed 50 feet.

Rear. 25 feet for structures not exceeding 35 feet in height: for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height.

Interior side and side street. 25 feet to the interior property line(s) or side street property line(s).

Between buildings. 20 feet.

(e)

Parking. Notwithstanding the parking regulations under Section 4.03.02, the required minimum off-street parking spaces are set forth:

Number of Unit	Minimum required parking spaces
Efficiency and 1 bedroom	1 space per unit
2 bedrooms	2 spaces per unit
3 bedrooms	2.5 spaces per unit
4 bedrooms	3 spaces per unit

(f)

Landscaping open space. Minimum 30 percent landscape open space.

(2)

Abstract/title.

(3)

Accountants/bookkeeping/auditors.

(4)

Actuaries.

(5)

Adult day care center.

(6)

Advertising (no shops).

(7)

Aerial survey and photography.

(8)

Allied health care clinical college/universities.

(9)

Amusement center.

(10)

Antique shop.

(11)

Apparel stores (retail) selling new and/or used merchandise, provided such establishments offering used merchandise contain not more than 4,000 square feet of gross floor area. The incidental sales of used jewelry, toys and furniture shall be permitted in conjunction with sale of used apparel, provided the floor area devoted to the display of those incidental sales items does not exceed 30 percent of the gross floor area of the apparel store.

(12)

Appliances and fixture store (retail, rental only).

(13)

Appraisers.

(14)

Architects.

(15)

Aquariums (tropical fish, retail).

(16)

Art gallery/museum (public and private).

(17)

Art goods and bric-a-brac shops.

(18)

Artist studios.

(19)

Attended, non-motorized donation collection vehicles provided such vehicles are placed only on improved property not less than one-half acre in size and not located within 2,600 feet of another attended, non-motorized donation collection vehicle.

(20)

Attorneys.

(21)

Auditoriums.

(22)

Automobiles:

Auto tag agency.

(cu) Driving school.

(cu) Automotive service station.

(cu) New parts/equipment and accessory store.

(cu) Storage within a building.

(cu) Washing.

(cu) Automobile rentals (office only) (no vehicle storage).

Washing (no hand washing).

(cu) Washing (hand washing).

(23)

Bait and tackle shops.

(24)

Bakery (retail, baked and sold on premises).

(25)

Banks or financial institutions.

(26)

(cu) Banks (drive-through facilities).

(27)

Banquet halls.

(28)

(cu) Barbecue restaurants (wood-burning).

(29)

Barbershops.

(30)

(cu) Bars, cocktail lounges, liquor stores, and nightclubs, etc.

(31)

Beauty shops, nail care.

(32)

Bicycle stores, retail service, rentals, repairs (nonmotorized).

(33)

Billiard and pool rooms.

(34)

Bookstores (new and used).

(35)

Bootblack stand (shoeshine).

(36)

(cu) Bowling alley (in soundproof, a/c building).

(37)

(cu) Broadcasting studio.

(38)

Business analyst, counselors or brokers.

(39)

Business machines (retail, service, repairs).

(40)

Candy store.

(41)

Carpet and flooring (retail).

(42)

Caterers (takeout food).

(43)

Ceramics (teaching and instruction, maximum of two kilns).

(44)

Check cashing agency.

(45)

Chiropodists.

(46)

Chiropractors.

(47)

Cigars, cigarette and tobacco products (retail).

(48)

Cleaning, janitorial services (offices only).

(49)

Clinics, medical (outpatient and lab work).

(50)

Confectionary and ice cream stores.

(51)

Coin-operated laundries.

(52)

Convenience stores.

(53)

Coin collector shop.

(54)

Collection agency.

(55)

Computer, video, videogame and DVD stores.

(56)

(cu) Conservatories (see schools).

(57)

Consultants (professional).

(58)

Contractors (office only).

(59)

Convention halls.

(60)

Cosmetics, perfumes and nail products stores.

(61)

Costuming shops.

(62)

Counseling, child guidance and family services.

(63)

Court report, public stenographers.

(64)

Credit reporting.

(65)

Curio stores, souvenirs and gift shop.

(66)

Dairy products stores (drive-through required (cu)).

(67)

(cu) Dance halls or dance academies in air-conditioned buildings, provided no alcoholic beverages are served, no sound or vibration is emitted from the building and building is located no closer than 500 feet from any residential district.

(68)

(cu) Day nursery.

(69)

Dentists.

(70)

Department store.

(71)

(cu) Detective, patrol agency, investigating services (background check).

(72)

Dive shop.

(73)

Doctor's office and lab.

(74)

(cu) Dog grooming (in soundproof, a/c building only).

(75)

(cu) Donated goods centers, including drive-through drop-off facilities, for the acceptance and sale only of new or used merchandise, excluding furniture and major appliances operated by a charitable non-profit organization incorporated under the laws of Florida. Merchandise for sale must be neatly sorted and displayed.

(76)

Drafting and plan services.

(77)

Drapery stores (custom made and retail).

(78)

Drugstores.

(79)

(cu) Dry cleaning, laundry.

(80)

Electrical appliance and fixtures stores including related repair shops.

(81)

Employment agency.

(82)

Engineers, professional.

(83)

Engraver.

(84)

Flower shop and florists.

(85)

(cu) Fortuneteller, astrologist, palmistry (background check).

(86)

Fruit and produce stores.

(87)

Furniture stores (retail, new merchandise only).

(88)

Grocery, delicatessen store. Fruit stores, health food stores, meat and fish markets and other similar food stores, provided such establishment contain not more than 4,000 square feet of floor area.

(89)

(cu) Gun shop.

(90)

Gymnasium (aerobics, athletic exercise or gymnastics only).

(91)

Handicrafted-products shop.

(92)

Hardware store.

(93)

Health and exercise clubs, including bath and massage parlors.

(94)

Hobby shop.

(95)

Home improvement centers.

(96)

Ice cream, soda fountain, cold drinks, juices and coffee shops.

(97)

Import and export (office only).

(98)

Information booth, gate house and security station.

(99)

Insurance adjuster (office only).

(100)

Insurance agency (office only).

(101)

Interior decorating and design shops (office and display only).

(102)

Jewelry store (retail, repairs and custom made), including incidental sales of used jewelry.

(103)

Landscaping, lawn and shrubbery maintenance (office only).

(104)

Leather goods, luggage stores (retail sales only).

(105)

Locksmith shops, key shops.

(106)

Mail order office.

(107)

Market research.

(108)

Meat, poultry, seafood market.

(109)

Medical equipment and suppliers (retail sales only).

(110)

Messenger service, courier (office).

(111)

Millinery stores.

(112)

Mortgage broker.

(113)

Mortuaries and funeral homes.

(114)

Motorcycle sales and repair.

(115)

Museum.

(116)

(cu) Music store (retail).

(117)

Natatoriums.

(118)

Newsstand.

(119)

Notions, fabrics.

(120)

Optician, optical stores (calibrate glasses in conjunction with examination and retail [sale] of frames).

(121)

Optometrists.

(122)

Office buildings.

(123)

Office supplies (sales, service and rentals).

(124)

Outdoor dining as an ancillary use in conjunction with restaurants, snack shops and other food service facilities where the primary use is the preparation of food for consumption on premises subject to following restrictions:

(a)

Outdoor dining area shall be managed, operated and maintained as an integral part of the immediately adjacent food service facility; and

(b)

Cannot reduce required parking or landscaping for the site; and

(c)

Required parking must be provided for outdoor dining area; and

(d)

No outdoor cooking or food preparation; and

(e)

Cannot obstruct or impede pedestrian traffic; and

(f)

No outside public address system allowed. Unamplified music may be permitted in the outdoor dining area subject to approval of the building and zoning director;

(g)

Blinking and/or flashing type lighting is prohibited; and

(h)

Alcoholic beverages may be served only with food.

(125)

Outside walk-up window service (no outside stools, chairs or tables) in connection with establishments where principal use is selling food and drink products, and where a sidewalk of at least seven feet in width abuts the walk-up window service and pedestrian traffic is not impeded.

(126)

(cu) Package stores in shopping centers.

(127)

Paint and wallpaper stores.

(128)

(cu) Pet shops (in soundproof, a/c buildings only) including sale of birds.

(129)

Pharmaceutical (retail).

(130)

Photography (studio, galleries, developing, service, retail and rentals).

(131)

Picture framing.

(132)

Post office (self-service, branches).

(133)

Pottery shops.

(134)

Private clubs.

(135)

(cu) Printing shops.

(136)

Propagating and growing plants for sale. Fertilizers, manure, compost and soil for sale shall be kept on site in limited quantities for immediate use and located a minimum of 200 feet from any residential buildings.

(137)

(cu) Pubs and bars

(138)

Public relations.

(139)

Public service (example: notary public, immigration, fingerprints).

(140)

Radio, TV, VCR (retail and service).

(141)

Real estate office (sales, management).

(142)

Religious facilities.

(143)

Rentals (party supplies/chairs/tables).

(144)

Residential uses may be permitted as a combination of permitted commercial uses and residential uses housed in the same building; the residential floor area shall not exceed 50 percent of the building floor area.

(145)

Restaurants, coffee houses and banquet facilities (drive-through requires (cu)).

(146)

Restaurants providing an accessory children's outdoor playground facility comprising no more than 35 percent of the building structure area with non-mechanical equipment designed and intended for children two through 12 years of age.

(147)

Restaurants with an accessory cocktail lounge-bar use.

(148)

(cu) Schools (vocational, grade, arts, music, dance, etc.).

(149)

Secretarial services.

(150)

Self-service post office designed to provide limited postal services for walk-up trade.

(151)

(cu) Self-service storage facility. For parcels at least 2.5 acres in size, truck rental is allowed as an ancillary use provided the truck storage area is enclosed by a decorative wall at least eight feet in height, comprises no more than ten percent of the entire site and a dense landscape buffer is installed between the wall and any abutting roads. No more than eight trucks may be stored on the premises and no truck can exceed 12,600 pounds in net vehicle weight. No truck repairs or maintenance work may be conducted on site.

(152)

Shoe store (retail and repairs).

(153)

Skin care shop.

(154)

Skating rinks no closer than 1,000 feet from any residential district in a building constructed to prevent emission of sound and vibration.

(155)

Social services bureaus.

(156)

Sporting goods store.

(157)

Stationary, cards store.

(158)

Stockbrokers, exchanges, investment services.

(159)

Tailor, seamstress, dressmaker shop (in conjunction with retail on premises).

(160)

Talent agencies.

(161)

Tax consultants.

(162)

Telegraph, telephone station.

(163)

Telephone answering services.

(164)

Telephone beepers (retail, service and repairs).

(165)

(cu) Theaters, cinemas.

(166)

Time clocks (retail, service and repairs).

(167)

Tobacco shops.

(168)

Travel agencies.

(169)

Tuxedo and gown rentals (retail, service and custom making).

(170)

(cu) Upholsterer.

(171)

Variety stores.

(172)

Veterinarian (professional).

(173)

Video (retail, rentals and service).

(174)

Wallpaper, paneling and paint store (retail).

(175)

Zoning consultants.

Prohibited uses. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots shall be prohibited. Such business on private or public property shall be conducted only from within approved permanent substantial buildings.

Enclosed uses. All uses shall be conducted within completely enclosed buildings, unless otherwise specifically provided herein. All materials and products shall be stored within the building or within an area completely enclosed with walls which have a life expectancy of 20 years or more from the date of installation of said walls. Storage shall not be made above the height of the walls.

Landscaped open space. The minimum landscaped open space at one story shall be in accordance with the following table:

Size of the Total Lot Area	Percent of the Total Lot Area
Up to one acre	18.0
More than one acre and up to five acres	16.0
More than five acres and up to 25 acres	14.0
More than 25 acres	12.0

The minimum landscaped open space shall be increased by one and one-half percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped open space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed 20 percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees, and/or shrubbery, water areas therein, and area therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

Business property adjacent to residential districts. Where a business lot abuts a residentially zoned property, a decorative masonry wall at least five feet in height shall be erected on the business lots along the common property line separating the two districts. Where a dedicated alley separates the two districts, the five-foot decorative masonry wall shall be erected along the business lots adjacent to the alley, permitting only openings for egress and ingress purposes with the smallest width possible for this purpose. Where the business property is a through-lot, and the rear of the business lot lies across the street right-of-way from a residentially zoned property, said wall shall be located on the business lot ten feet in from the official right-of-way line at the rear of the lot, and the ten-foot strip shall be substantially landscaped. The director shall determine which part of the lot is the rear property line. No wall will be required along the front property line of the business lot where the same is separated from a residential zone by a street. Where the common property line between the two districts is an interior side property line, the required wall shall extend only to a point 15 feet from the official front property line.

(Ord. No. 2400, § 1, 6-3-1996; § 1(2.04.06(A), (B)), 8-12-2002; Ord. No. 3913, Art. 1, 8-25-2014; Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

2.04.08. (C-2) Special commercial district.

Purpose. The purpose of the C-2, special business district, is to provide for large scale commercial and/or office facilities which service the needs of large urban areas, and residential mixed-use and multi-family residential uses.

Uses permitted. No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, occupied or maintained for any purpose in any C-2 district except for one or more of the following uses:

(1)

All uses permitted in the C-1 district, except that residential mixed-use and residential uses are subject to approval to the following provisions.

(2)

Residential mixed-use and multi-family residential uses shall not exceed a density of 75 units per acre. Residential mixed-use and multifamily residential projects shall provide the required minimum off-street parking spaces as set forth in Table 4.4 of section 4.03.02.

(3)

Residential mixed-use and multi- family residential uses that provide affordable and/or work force housing in accordance with SB 102 and subject to the following provisions.

(a)

Maximum lot coverage 40 percent.

(b)

Density. The maximum density allow is the highest residential density permitted in the City of Sweetwater.

(c)

Height. The maximum height permitted for allowed commercial or residential development within one mile of proposed development or three stories whichever is higher

(d)

Minimum setback.

Front. Twenty-five feet for structures not exceeding 35 feet in height: for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height: provided, however, that the required front setback shall not exceed 50 feet.

Rear. Twenty-five feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height.

Interior side and side street. Twenty-five feet to the interior property line(s) or side street property line(s).

Between buildings. 20 feet.

(e)

Parking. Notwithstanding the parking regulations under Section 4.03.02, the required minimum off-street parking spaces are set forth:

Number of Unit	Minimum required parking spaces
Efficiency and 1 bedroom	1 space per unit
2 bedrooms	2 spaces per unit
3 bedrooms	2.5 spaces per unit
4 bedrooms	3 spaces per unit

(f)

Landscaping open space. Minimum 30 percent landscape open space.

(4)

Automobile parking lots and garages as a primary use. Automobile parking garages, not over six stories in height, shall be permitted provided they are not located closer than 200 feet to a residential zoning district or to a hospital, church or building used for public assemblage. Automobile parking garages shall meet all open space, lot coverage and other applicable requirements of this article.

(5)

Commuter colleges and universities.

(6)

Hospitals (other than animal hospitals), subject to the following conditions:

(a)

That such uses shall be on sites of at least ten net acres;

(b)

That the facility shall have capacity for a minimum of 100 beds.

(c)

The certificate of use for the hospital shall be annually renewed.

(d)

That the hospital operates a 24-hour emergency room.

(e)

That such uses shall be located within sites having frontage on a major access road, including major roadways (three or more lanes), section or half-section line roads and/or frontage roadways serving limited access highways and expressways.

(7)

Hotel and motel uses, subject to the following provisions:

(a)

Minimum lot width shall be 100 feet and minimum lot area shall be 10,000 square feet.

(b)

Total lot coverage for all buildings shall not exceed 40 percent of the total lot area.

(c)

Minimum setbacks:

* Front. 25 feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height; provided, however, that the required front setback shall not exceed 50 feet.

* Rear. 25 feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height.

* Interior side and side street. 25 feet to the interior property line(s) or side street property line(s).

* Between buildings. 20 feet.

(d)

Maximum floor area ratio. The floor area ratio shall not exceed a maximum of 1.65; provided however, that covered structure parking shall not count as part of the floor area, but shall be counted in computing building height.

(e)

Maximum units. Hotels and motels shall not exceed a density of 75 units per net acre.

(f)

Subdivision. Subdivision of hotels and motels must adhere to the requirements of Section 33-222.1.1 of the Miami-Dade County Code.

(g)

Open space. Landscaped open space. The minimum landscaped open space at one story shall be in accordance with the following table:

Size of the Total Lot Area	Percent of the Total Lot Area
Up to one acre	18.0%
More than one acre and up to five acres	16.0%
More than five acres and up to 25 acres	14.0%
More than 25 acres	12.0%

(h)

Landscaping. Landscaping and trees shall be provided in accordance with section 4.06.00 of the City Code and Chapter 18A of the Miami-Dade County Code.

(i)

Parking. Parking shall be in accordance with section 4.03.02 of the City Code.

(8)

Liquor package stores.

(9)

Major department stores.

(10)

Movie and television studios with indoor sound stages/studios.

(11)

Movie and television studios with outdoor lots/backlots after public hearing.

(12)

Night clubs located no closer than 500 feet of any residentially zoned parcel. Use to be approved at public hearing by the city commission and comply with the regulations under chapter 6 and chapter 56 of the City Code.

(13)

Office parks.

(14)

Pubs and bars.

(15)

Regional shopping centers.

(16)

Vehicle retail showroom, provided that:

(a)

No on-site vehicle storage/stock beyond the showroom is allowed; and

(b)

No more than six vehicles on site to be used for test drive purposes; and

(c)

No test drive shall be conducted on residential local streets (50-foot wide right-of-way); and

(d)

Warehouse, membership.

Landscaped open space. Minimum landscaped open space at one story shall be 14 percent. The minimum landscaped open space shall be increased by one percent for each additional story or part thereof, up to eight stories, thereafter the landscaped open space shall increase by two percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees, and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed 20 percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees, and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

Business property adjacent to residential districts. Where a business lot abuts a residentially zoned property, a decorative masonry wall at least five feet in height shall be erected on the business lots along the common property line separating the two districts. Where a dedicated alley separates the two districts, the five-foot decorative masonry wall shall be erected along the business lots adjacent to the alley, permitting only openings for egress and ingress purposes with the smallest width possible for this purpose. Where the business property is a through lot, and the rear of the business lot lies across the street right-of-way from a residentially zoned property, said wall shall be located on the business lot ten feet in from the official right-of-way line at the rear of the lot, and the ten-foot strip shall be substantially landscaped. The director shall determine which part of the lot is the rear property line. No wall will be required along the front property line of the business lot where the same is separated from a residential zone by a street. Where the common property line between the two districts is an interior side property line, the required wall shall extend only to a point 15 feet from the official front property line.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4739, § 1(Exh. A), 7-12-2021; Ord. No. 4853, § 2(Exh. A), 8-1-2022; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

2.04.09. (C-3) Liberal commercial district.

Purpose. The purpose of the C-3 liberal commercial district is to provide for large scale commercial activities and residential mixed-use and multi-family residential uses.

Uses permitted. No land, body of water and/or structure in the C-3 district shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, arranged or intended to be used, occupied or maintained for any purpose, unless otherwise provided for, excepting for one or more of the following uses:

(1)

All uses permitted in the C-1 and C-2 districts.

(2)

Airports, airport hangars and airplane repair facilities.

(3)

Automobile and truck services and facilities including:

(a)

Open lot car and truck sales new and/or used, including as ancillary uses, automobile repairs, body and top work and painting, provided that no more than 15 percent of the gross building area is devoted to such ancillary uses, and subject to the following conditions:

That a continuous, densely planted greenbelt of not less than 15 feet in width, penetrated only at points approved by the directors of the building and zoning and engineering departments for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center and a hedge of a minimum of six feet in height abutting residentially zoned property and a minimum of three feet in height abutting public rights-of-way. The shade trees shall have a minimum caliper of two and one-half inches at time of planting.

A minimum of 20 percent of the net lot area of the site shall be developed as landscaped open space.

That such uses be located only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access highways and expressways.

That such uses be conducted on sites consisting of at least one net acre.

That attention attracting devices, such as blinking or flashing lights, streamer lights, pennants, banners, streamers and all fluttering, spinning advertising devices (either mobile or stationary) are prohibited, except as permitted under point of sale sign regulations.

That outdoor lighting shall be designed to avoid spilling beyond the site boundaries.

That no vehicular test drives shall be conducted on residential local traffic streets (50-foot right-of-way or less).

That the applicant obtains a certificate of use, which shall be automatically renewable yearly upon compliance with all terms and conditions.

All outdoor paging or speaker systems are expressly prohibited.

(b)

Open car lot rental.

(c)

Automobile parts, secondhand from store building only.

(d)

Automobile body and top work and painting. All outdoor paging or speaker systems are expressly prohibited.

(4)

Bakeries, retail and wholesale.

(5)

Barbecue stands or barbecue pits.

(6)

Bottling of beverages.

(7)

Cabinet working and carpentry shops.

(8)

Cold storage warehouse and pre-cooling plants.

(9)

Contractor's plants and storage yards.

(9.1)

Dog kennels, as an exception to City Code, subject to the following conditions:

(a)

All outdoor exercise runs shall be set back 50 feet from property lines and shall not be located closer than 500 feet from residentially zoned or residentially developed property. Where outside exercise runs are provided, a landscaped buffer or decorative masonry wall shall enclose the runs, and use of the runs shall be restricted to use during daylight hours.

(b)

Where outside exercise runs are not provided, an outside area shall be designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a landscape buffer or masonry wall. Additionally such area shall be set back 50 feet from property lines and shall not be located closer than 500 feet from residentially zoned or residentially developed property.

(c)

All kennel buildings shall be soundproofed and air-conditioned.

(10)

Dry cleaning and dyeing establishments.

(11)

Engines, gas, gasoline, steam and oil; sales and service.

(12)

Feed, hay, and other livestock supplies.

(13)

Fertilizer stores.

(14)

Garage or mechanical service, including automobile repairs, body and top work and painting. All outdoor paging or speaker systems are expressly prohibited. This provision shall also apply to all establishments in existence as of September 10, 1996.

(15)

Glass installation.

(16)

Gun shops.

(17)

Leather goods manufacturing, excluding tanning.

(18)

Locksmith shops, sharpening and grinding shops.

(19)

Lumber yards.

(20)

Pawnbrokers shall be permitted only upon approval after public hearing.

(21)

Poultry markets and commercial chicken hatcheries.

(22)

Railroad motor truck and water freight and passenger stations.

(23)

Secondhand stores for the disposal of furniture, fixtures and tools.

(23.1)

Self-service mini-warehouse storage facility. "Self-service mini-warehouse storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. No business or business activity, and no wholesale or retail sales are permitted in an individual storage area within a self-service mini-warehouse storage facility.

(a)

(cu) Ancillary rentals of trucks other than light trucks are permitted in conjunction with a self-service mini-warehouse storage facility, providing such facility is situated on a site containing not less than 2.5 acres gross, subject to compliance with the following requirements:

(1)

That a decorative masonry wall at least eight feet in height shall enclose the rental truck storage area; and

(2)

There shall be a landscaped buffer between the masonry wall and any abutting roads which may be a hedge, and/or trees at least 48 inches high at the time of planting, or other reasonable landscape plans acceptable to the department; and

(3)

That there be no rental of any truck having a net vehicle weight exceeding 12,600 pounds; and

(4)

That for each 100 self-storage units there shall be no more than two rental trucks stored, e.g., one—100 units: two rental trucks; 101—200 units; four rental trucks, etc.; provided, however, no more than ten rental trucks may be stored on the premises; and

(5)

That no loading or unloading of trucks is permitted outside the enclosed area and all trucks must be stored inside the enclosed area at all times; and

(6)

That there shall be no repairs or maintenance work on the rental trucks on the premises of the self-service mini-warehouse storage facility.

(b)

(cu) Ancillary storage of recreational vehicles and boats is permitted in conjunction with a self-service mini-warehouse storage facility, subject to compliance with the following requirements:

(1)

That a decorative masonry wall at least eight feet in height shall enclose the recreational vehicle and boat storage area; and

(2)

(3)

That there shall be no repairs or maintenance work on the recreational vehicles or boats on the premises of the self-service mini-warehouse storage facility.

(24)

Television and broadcasting stations, including studio, transmission station and tower, power plants and other incidental and unusual uses permitted to such a station.

(25)

Truck storage, only within an enclosed building or an area enclosed by a CBS wall.

(26)

Upholstery and furniture repairs.

(27)

Wholesale salesroom and storage rooms.

(28)

Other similar uses as approved by the director.

Spacing from residential zones. Garage and mechanical service uses, lumber yards, poultry markets and commercial chicken hatcheries, cannot be located within 500 feet of any residentially zoned property except after approval after public hearing. Provided, that, this spacing limitation shall be 250 feet if the use is confined within a building and an exterior wall or walls of the building located on the establishment is not penetrated with any openings directly facing the residential district. It is further provided that, except for exterior uses, such distances shall be measured from the closest point of the subject use in the building to the residential district. In connection with exterior uses, the distance of 500 feet shall be measured from the closest point of the C-3 district to the residential district. For purposes of establishing such distances, the applicant for such use shall furnish a certified survey from a registered surveyor, which shall indicate such distances. In case of dispute, the measurement scaled by the director of building and zoning shall govern.

Enclosed uses. All uses shall be conducted within completely enclosed buildings unless otherwise specifically provided herein. All materials and products shall be stored within the building or within an area completely enclosed with walls which have a life expectancy of 20 years or more from the date of installation of said walls. Storage shall not be made above the height of the walls.

Landscaped open space. The minimum landscaped open space at one story shall be in accordance with the following table:

Size of the Total Lot Area	Percent of the Total Lot Area
Up to one acre	18.0%
More than one acre and up to five acres	16.0%
More than five acres and up to 25 acres	14.0%
More than 25 acres	12.0%

The minimum landscaped open space shall be increased by one and one-half percent of each additional story or part thereof, up to eight stories, thereafter the landscaped open space shall increase by two and one-half percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped open space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water area may be used as part of the required landscaped open space provided such water areas do not exceed 20 percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

Business property adjacent to residential districts. Where a business lot abuts a residentially zoned property, a decorative masonry wall at least five feet in height shall be erected on the business lots along the common property line separating the two districts. Where a dedicated alley separates the two districts, the five-foot decorative masonry wall shall be erected along the business lots adjacent to the alley, permitting only openings for egress and ingress purposes with the smallest width possible for this purpose. Where the business property is a through-lot, and the rear of the business lot lies across the street right-of-way from the residentially zoned property, said wall shall be located on the business lot ten feet in from the official right-of-way line at the rear of the lot, and the ten-foot strip shall be substantially landscaped. The director shall determine which part of the lot is the rear property line. No wall will be required along the front property line of the business lot where the same is separated from a residential zone by a street. Where the common property line between the two districts is an interior side property line, the required wall shall extend only to a point 15 feet from the official front property line.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

2.04.10. (T-1) Trailer park district.

Purpose. The purpose of this district is to provide land area under unified control for the development of residential mobile home rental parks. It shall be unlawful to place, store, or use mobile homes in the City of Sweetwater, outside of the T-1 district.

Uses permitted.

(1)

Residential mobile homes.

(2)

Accessory structures, including, but not limited to, porch and patio covers, cabana rooms, screen enclosures and storage rooms shall be permitted subject to obtaining building permit and subject to such installations conforming to the applicable provisions of the Florida Building Code. Written approval from the property owner must be obtained prior to issuance of building permit.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015)

2.04.11. (SPO) Semi-professional office district.

Purpose. The purpose of this district is provide suitable sites for office use, professional and semi-professional services and for the conversion of existing residential use to one of these uses. No sale of merchandise shall be permitted.

(1)

Abstract title.

(2)

Accountants, bookkeeping.

(3)

Actuaries.

(4)

Advertising (no shops).

(5)

Appraisers (no sale or rental of any type of merchandise or equipment).

(6)

Architects.

(7)

Attorneys.

(8)

Auditors.

(9)

Business analyst, counselors or brokers.

(10)

Chiropodists.

(11)

Chiropractors.

(12)

(cu) Consultants (professional).

(13)

Counseling, child guidance and family services.

(14)

Court reporters, public stenographers.

(15)

Credit reporting.

(16)

Dentists.

(17)

Detective agencies and investigating services (background check).

(18)

Drafting and plan services.

(19)

Engineers, professional.

(20)

Insurance and bonds.

(21)

Market research.

(22)

Medical doctors.

(23)

Talent agencies (no school).

(24)

Mortgage brokers.

(25)

Notary publics.

(26)

Optometrists.

(27)

Public relations.

(28)

Real estate.

(29)

Real estate management.

(30)

Secretarial services.

(31)

Social service bureaus.

(32)

Stockbrokers, exchanges, investment services.

(33)

Tax consultants.

(34)

Telephone answering services.

(35)

Travel agencies.

(36)

Zoning consultants.

(37)

Any uses permitted in the RS district for properties located east of S.W. 107th Avenue and RM-24 for properties located west of S.W. 107th Avenue; the standards of these districts shall be applicable.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015)

2.04.12. (I-1) Light industrial manufacturing.

Uses permitted. No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in the I-1 district except the following:

(1)

Residential mixed-use and multi-family residential uses that provide affordable and/or work force housing in accordance with SB 102 and subject to the following provisions.

(a)

Maximum lot coverage 40 percent.

(b)

Density. The maximum density allow is the highest residential density permitted in the City of Sweetwater.

(c)

Height. The maximum height permitted for allowed commercial or residential development within one mile of proposed development or three stories whichever is higher

(d)

Minimum setback.

Front. 25 feet for structures not exceeding 35 feet in height: for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height: provided, however, that the required front setback shall not exceed 50 feet.

Rear. 25 feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height.

Interior side and side street. 25 feet to the interior property line(s) or side street property line(s).

Between buildings. 20 feet.

(e)

Parking. Notwithstanding the parking regulations under Section 4.03.02, the required minimum off-street parking spaces are set forth:

Number of Unit	Minimum required parking spaces
Efficiency and 1 bedroom	1 space per unit
2 bedrooms	2 spaces per unit
3 bedrooms	2.5 spaces per unit
4 bedrooms	3 spaces per unit

(f)

Landscaping open space. Minimum 30 percent landscape open space.

(2)

Adult entertainment uses including massage establishments and sale of adult films and video cassettes, subject to applicable regulations in chapter 18 of the City Code.

(3)

Adult day care center.

(4)

Agriculture and agronomy.

(5)

Aircraft hangars and repair shops, aircraft assembling and manufacturing.

(6)

Animal hospitals within soundproof, air-conditioned buildings.

(7)

Auditoriums.

(8)

Auto painting, top and body work.

(9)

Automobile self service gas stations shall be permitted only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access expressways.

(10)

Automobile service stations shall be permitted only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access expressways.

(11)

Automobile and truck sales for new and/or used vehicles including as ancillary uses automobile and truck rentals, wholesale distribution and automobile repairs, provided that no more than 15 percent of the total gross building area is devoted to repair/service bays, subject to the following conditions:

(a)

That a continuous, densely planted greenbelt of not less than 15 feet in width, penetrated only at points approved by the directors of the planning and zoning and public works department for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center and a hedge of a minimum of six feet in height abutting residentially zoned property and a minimum of three feet in height abutting public rights-of-way. The shade trees shall have a minimum caliper of two and one-half inches at time of planting.

(b)

A minimum of 20 percent of the net lot area of the site shall be developed as landscaped open space.

(c)

That such uses be located only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access highways and expressways.

(d)

That such uses on sites of ten acres or more shall be approved only after public hearing.

(e)

That such uses be conducted on sites consisting of at least two acres.

(f)

That attention-attracting devices, such as blinking or flashing lights, streamer lights, pennants, banners, streamers and all fluttering, spinning advertising devices (either mobile or stationary) are prohibited, except as permitted under point of sale sign regulations, or as approved at public hearing.

(g)

That outdoor loudspeakers are prohibited.

(h)

That outdoor lighting shall be designed to avoid spilling beyond the site boundaries.

(i)

That no vehicular test drives shall be conducted on residential local traffic streets (50-foot right-of-way or less).

(12)

Automotive repairs.*

(13)

Automobile and truck rentals and wholesale distribution.

(14)

Bakeries—wholesale only with incidental retail uses.

(15)

Banks.

(16)

Boat or yacht repairing or overhauling, or boat building.*

(17)

Bottling plants.

(18)

Brewery.

(19)

Cabinet shops.*

(20)

Canning factories.*

(21)

Carpet cleaning.

(22)

Caterers.

(23)

Clubs, private.

(24)

Cold storage warehouses and precooling plants.

(25)

Commuter colleges/universities.

(26)

Concrete, clay or ceramic products, hand manufacture or involving only small mixer where all such manufacturing and equipment is within an approved building and storage and drying areas are enclosed as provided in this chapter.

(27)

Contractors' offices and yards.

(28)

Day nursery, kindergarten, schools and after school care licensed by the State of Florida Department of Health and Rehabilitative Services, however, that schools may only be located on a site consisting of at least five acres and adjacent to a major roadway (three or more lanes).

(29)

Dog kennels subject to the following conditions:

(a)

(b)

Where outside exercise runs are not provided, an outside area shall be designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a landscape buffer or masonry wall. Additionally, such area shall be set back 50 feet from property lines and shall not be located closer than 500 feet from residentially zoned or residentially developed property.

(c)

All kennel buildings shall be soundproofed and air-conditioned.

(30)

Dry cleaning and dyeing plants.

(31)

Electric substation.

(32)

Engine sales and service, gas, oil, steam, etc.

(33)

Food products, including the grinding, cooking, roasting, preserving, drying, smoking or airing of meats, fish, fruits or vegetables (where more than five persons are employed on premises).

(34)

Fruit packing and fruit preserving.

(35)

Furniture manufacturing.*

(36)

Furniture merchandise mart, as defined in section 33-1 (46.2) of this Code [sic]. Furniture merchandise marts may, but are not required to, include the manufacture or assembly of the products being sold or offered for sale to the public. Furniture merchandise marts shall not be subject to the limitations of retail sales area provided in section 33-259(69) [sic].

(37)

Furniture refinishing.

(38)

Garages—storage mechanical, including trucks, buses, heavy equipment.

(39)

Glass installations.

(40)

Grinding shops.*

(41)

Hotel and motel use (freestanding); the use shall comply fully with all applicable provisions in the C-2 district.

(42)

Ice manufacturing.

(43)

Laboratories, material and medical testing.

(44)

Leather goods, manufacturing, excluding tanning.

(45)

Livery stables, for riding clubs, or a stable for sheltering horses, not closer than 300 feet to residentially zoned parcel.

(46)

Locksmiths.

(47)

Lumberyards.*

(48)

Machine shops.

(49)

Marine warehouses.

(50)

Mattress manufacturing and renovating.

(51)

Medical manufacturing and distribution.

(52)

Metalizing processes.

(53)

Millwork shops.*

(54)

Movie and television studios with indoor sound stages/studios.

(55)

Movie and television studios with outdoor lots/backlots after public hearing.

(56)

Novelty works.

(57)

Office buildings.

(58)

Ornamental metal workshops.*

(59)

(a)

The outdoor dining area shall be managed, operated and maintained as an integral part of the immediately adjacent food service facility; and

(b)

The outdoor dining area shall not reduce required parking or landscaping for the site; and

(c)

The outdoor seating area shall be included in the calculations for required parking; and

(d)

There shall be no outdoor cooking or food preparation; and

(e)

No outdoor dining area shall obstruct or impede pedestrian traffic; and

(f)

The outdoor dining area shall comply with handicapped accessibility requirements; and

(g)

No outside public address system shall be permitted. Unamplified music shall be permitted in the outdoor dining area, subject to compliance with section 21-28 [sic] of this Code; and

(h)

Blinking and flashing type lighting shall be prohibited; and

(i)

Alcoholic beverages may be served where such service is strictly incidental to the service of food and is from a service bar only, subject to compliance with the regulations specified in article X (alcoholic beverages) [sic] of this Code; and

(j)

The use shall be subject to plan review and approval through the building permit review process. The plans for such use shall include all restrooms, furniture, umbrellas, lighting, and other related services and functions associated with the proposed use, together with all required and provided parking calculations. Plans shall be subject to all the applicable building and zoning code regulations; and

(k)

The use shall require a certificate of use which shall be renewed annually and shall be subject to revocation upon violation of any applicable building and zoning code regulations, or when a continuation of the permit would constitute a hazard or nuisance.

(60)

Oxygen storage and filling of cylinders.

(61)

Parking lots—commercial and noncommercial.

(62)

Passenger and freight—stations and terminals—boats, trucks, buses, and railroads.

(63)

Pharmaceutical storage, subject to compliance with the following conditions:

(a)

That the applicant secure a license from State of Florida Department of Health and Rehabilitative Services (HRS) for such pharmaceutical storage.

(b)

That the pharmaceutical storage area shall be air conditioned to continuously control temperature and humidity as required by HRS for pharmaceutical products.

(c)

That the premises be secured with a security system as required by HRS for the storage of pharmaceutical products.

(d)

That a declaration of use be provided permitting a building and zoning enforcement officer to enter the premises to conduct inspection to assure compliance.

(64)

Police and fire stations.

(65)

Post offices, which shall include self-service post offices, stations and branches, and mail processing centers.

(66)

Power or steam laundries.

(67)

Printing shops.

(68)

Radio and television transmitting stations and studios.

(69)

Religious facilities.

(70)

Residential uses as a watchman's or caretaker's quarters in connection with an existing industrial use located on the premises concerned.

(71)

Restaurants.

(72)

Restaurants with an accessory cocktail lounge-bar use, subject to compliance with City Code.

(73)

Salesrooms and storage show rooms—wholesale.

(74)

Salesrooms and showrooms, subject to the limitations and prohibitions below:

(a)

Any industrial use and its related sales/showroom uses in different units or bays within the same building must be under one certificate of use and occupancy, and all areas under the single certificate must be connected by communicating doors between the units or bays.

(b)

Primary and permitted industrial use shall be the manufacture or assembly of the products being offered for sale.

(c)

Retail sales area shall not exceed 15 percent of the total floor area of the premises under a single certificate of use and occupancy.

(d)

Only merchandise which is warehoused, stored, manufactured or assembled on the premises can be sold on a retail basis.

(e)

A declaration of use in a form meeting the approval of the director shall be submitted to the department prior to issuance of a certificate of use and occupancy specifying compliance with the foregoing conditions.

(75)

School—technical trade schools, such as, but not limited to, aviation, electronic, mechanics; also physical training schools, such as, but not limited to, gymnastics and karate. (All school uses shall be subject to compliance with off-street parking requirements and shall comply with this Code.)

(76)

Sign painting shops.

(77)

Steel fabrication.

(78)

Storage warehouse for food, fodder, etc.

(79)

Taxidermy. Use will be permitted only within a fully enclosed, air-conditioned building.*

(80)

Telecommunications hubs.*

(a)

At least 85 percent of the gross floor area of a telecommunications hub building shall be designated for equipment or machinery; no more than 15 percent of the gross floor area shall be designated for employees and support personnel;

(b)

A declaration of use in a form meeting with the approval of the director and specifying compliance with the conditions set forth in subsection (1), above, shall be submitted to the department prior to the issuance of a building permit. Said declaration of use shall include a floor plan and site plan for the intended use as required by the department.

(81)

Telephone exchanges.

(82)

Telephone service unit yards.

(83)

Textile, hosiery and weaving mills not closer than 200 feet to a residential district.

(84)

Upholstery shops.

(85)

Utility work center—power and telephone, etc.

(86)

Vending machine sales and service.

(87)

Veterinarians.

(88)

Warehouses for storage or products in the form sold in a C district.

(89)

Warehouse, membership, subject to the following minimum standards, unless otherwise approved by public hearing as a non-use variance:

(a)

The area of such occupancy shall contain no less than 100,000 square feet of gross floor area;

(b)

The subject use shall be located on a major or minor roadway as depicted on the adopted land use plan map and shall be within one-quarter mile of that roadway's intersection with another major or minor roadway; and

(c)

Subject to compliance with this Code, liquor package sales shall be permitted. Package sales areas shall be divided from the rest of the membership warehouse area by a solid floor-to-ceiling wall and shall have a separate exterior entrance.

(90)

Home improvement warehouses—the sale of a variety of home improvement products, including hardware, construction supplies, electrical and plumbing fixtures, lumber, tools, and lawn and garden supplies to contractor, developers, and wholesale and retail consumers, subject to the following conditions:

(a)

The subject use shall be located on a site having access on a major access road, including major roadways (three or more lanes) and frontage roadways serving limited access highways and expressways, or on a minor roadway within one-quarter mile of that roadway's intersection with a major roadway;

(b)

The short-term rental of tools, compressors, chainsaws, ladders, post hole diggers, hand trucks and similar equipment and trucks (for the convenience of customers purchasing items) may only be provided as an accessory use;

(c)

The subject use is permitted only as a freestanding structure on a site of 20 acres or less and containing no less than 100,000 square feet of gross building floor area;

(d)

Setbacks as required for the principal building shall apply to all storage, display, and sales areas;

(e)

Parking shall be provided in accordance with this Code;

(91)

Welding shops.*

(92)

Welding supplies.

Spacing from residential zones. Any permitted uses listed in paragraph A. above which are denoted with an asterisk cannot be located within 500 feet of any residential district except after approval after public hearing. Provided that this spacing limitation shall be 250 feet if the use is confined within a building and an exterior wall or walls of building located on the establishment is not penetrated with any openings directly facing the residential district. It is further provided that, except for exterior uses, such distances shall be measured from the closest point of the subject use in the building to the residential district. In connection with exterior uses, the distance of 500 feet shall be measured from the closest point of the IU district to the residential district. For purposes of establishing such distances, the applicant for such use shall furnish a certified survey from a registered surveyor, which shall indicate such distances. In case of dispute, the measurement scaled by the director of building and zoning shall govern.

Uses confined to building. At all manufacturing establishments or rebuilding, storage or repair places permitted in the I-1 district, all materials and products shall be stored and all manufacturing, rebuilding, storing or renovating operations shall be carried on entirely within an enclosed building or confined and completely enclosed within masonry walls not less than six feet in height.

Minimum landscaped open space, greenbelts, trees, and maintenance.

(1)

Landscaped open space. A minimum of ten percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that an industrial-zoned site that abuts residentially zoned or developed property shall provide 15 percent of the net lot area as landscaped open space. Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation areas, and other similar landscaped open space at ground level. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County. Water bodies may be used as part of the required landscaped open space, but such water areas shall not be credited for more than 20 percent of the required open space. The specific areas within enclosed or unenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein and areas therein with permanent art display may be used as part of the required landscaped open space, but such areas shall not be credited for more than ten percent of the required landscaped open space. For approved structures exceeding four stories in height, additional landscaped open space shall be provided equivalent to 25 percent of the gross floor area of each floor above four stories.

(2)

Greenbelts. Continuous, extensively planted greenbelts, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. For parcels up to three acres in size, the greenbelt must be a minimum of eight feet in width. For parcels greater than three acres, the minimum width is ten feet.

(3)

Landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

(4)

Maintenance. All landscaped areas shall be continuously maintained in good, healthy condition, and automatic irrigation systems of sufficient size and coverage shall be installed to serve all landscaped areas.

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

2.04.13 (I-2) Industrial heavy manufacturing.

(1)

Every use permitted in the I-1 district except adult entertainment uses, private schools and non-public educational facilities.

(2)

Asphalt drum mixed plants which produce less than 150 tons per hour in self-contained drum mixers.

(3)

Movie and television studios with indoor sound stages/studios and outdoor lots/backlots.

(4)

Cement and clay products, such as concrete blocks, pipe, etc.

(5)

Petroleum products storage tank(s) not exceeding 30,000 gallons in total capacity.

(6)

Construction debris materials recovery transfer facility, provided such use shall be conducted entirely within an enclosed building consisting of a minimum of 15,000 square feet.

Additional industrial requirements.

(1)

No industrial use permitted in this district shall be located closer than 500 feet of any residential district, unless the use is confined within a building and an exterior wall or walls of the building located on the parcel is not penetrated with any openings directly facing a residential district.

(2)

At all manufacturing, rebuilding, processing, packaging, storage or repair establishments, all materials and products shall be stored and all facility operations shall be carried on entirely within an enclosed building or completely enclosed within masonry not less than six feet in height.

(3)

In no case shall petroleum storage tanks be located closer than 300 feet to a residential building.

(4)

No residential uses are permitted, except a watchman's quarters used in connection with an active industrial use on the premises.

Minimum landscaped open space, greenbelts, trees, and maintenance.

(1)

(2)

Greenbelts. Continuous, extensively planted greenbelts shall be provided along all property lines abutting public rights-of-way or properties zoned residential. For parcels up to three acres in size, the greenbelt must be a minimum of eight feet in width. For parcels greater than three acres, the minimum width is ten feet.

(3)

Landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

(4)

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

2.04.14 (I-3) Industrial conditional.

Intent. The I-3 district shall be applied only to those lands that appropriately may be used for the development, construction and operation of large industrial projects, residential mixed-use and multi-family residential uses and industrial park development of the nature, type and character commensurate with the public health, safety, comfort, convenience, and the general welfare of the city. However, it is intended that this district shall not be used indiscriminately, so as to permit any industrial use which might be offensive or obnoxious by reason of the emanation of odors, gases, dust, noise or vibration, pollution of air or water, or otherwise detrimental to the general welfare of the residents or businesses in Sweetwater.

(1)

Residential mixed-use and multi- family residential uses that provide affordable and/or work force housing in accordance with SB 102 and subject to the following provisions.

(a)

Maximum lot coverage 40 percent.

(b)

Density. The maximum density allow is the highest residential density permitted in the City of Sweetwater.

(c)

Height. The maximum height permitted for allowed commercial or residential development within one mile of proposed development or three stories whichever is higher

(d)

Minimum setback.

Front. 25 feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height; provided, however, that the required front setback shall not exceed 50 feet.

Rear. 25 feet for structures not exceeding 35 feet in height; for structures over 35 feet in height the setback shall be increased by 40 percent of the additional height.

Interior side and side street. 25 feet to the interior property line(s) or side street property line(s).

Between buildings. 20 feet.

(e)

Parking. Notwithstanding the parking regulations under Section 4.03.02, the required minimum off-street parking spaces are set forth:

Number of Unit	Minimum required parking spaces
Efficiency and 1 bedroom	1 space per unit
2 bedrooms	2 spaces per unit
3 bedrooms	2.5 spaces per unit
4 bedrooms	3 spaces per unit

(f)

Landscaping open space. Minimum 30 percent landscape open space.

(2)

Acids and derivatives.

(3)

Alcohol, industrial.

(4)

Aluminum, powder and paint manufacture.

(5)

Blast furnace.

(6)

Bleaching products.

(7)

Blooming mill.

(8)

Boiler manufacture (other than welded).

(9)

Brass and bronze foundries.

(10)

Calcium carbide.

(11)

Casein.

(12)

Caustic soda.

(13)

Celluloid.

(14)

Cellulose products.

(15)

Cement, lime, gypsum or plaster of Paris.

(16)

Cider and vinegar.

(17)

Cleaning and polishing preparation: dressings and blackings.

(18)

Cotton wadding.

(19)

Cottonseed oil, refining.

(20)

Distillery (alcoholic), breweries and alcoholic spirits.

(21)

Dyestuff.

(22)

Excelsior.

(23)

Film, photographic.

(24)

Fish oils, meal and by-products.

(25)

Flour, feed and grain milling.

(26)

Forge plant, pneumatic drop and forging hammering.

(27)

Foundries.

(28)

Gelatin products.

(29)

Glue, gelatin (animal) or glue and size (vegetable).

(30)

Graphite.

(31)

Hair, felt or feathers, washing, curing and dyeing.

(32)

Hair, hides and raw fur, curing, tanning, dressing, dyeing and storage.

(33)

Hydrogen and oxygen manufacturing.

(34)

Insecticides, fungicides, disinfectants, or related industrial and household products.

(35)

Ink manufacture from primary raw materials (including colors and pigments).

(36)

Jute, hemp and sisal products.

(37)

Lead oxide.

(38)

Linoleum and other similar hard surface floor coverings (other than wood).

(39)

Locomotive and railroad car building and repair.

(40)

Match manufacture and storage.

(41)

Metal and metal ores, reduction, refining, smelting and alloying.

(42)

Molasses.

(43)

Nitroleng of cotton or other materials.

(44)

Nylon.

(45)

Oil cloth, oil treated products and artificial leather.

(46)

Oils, shortening and fats (edible).

(47)

Ore pumps and elevators.

(48)

Paint manufacture, depending upon materials and quantities used.

(49)

Paper and paperboard (from paper machine only).

(50)

Paper and pulp mills.

(51)

Petroleum, gasoline and lubricating oil—refining and wholesale storage.

(52)

Phenol.

(53)

Pickles, vegetable relish and sauces, sauerkraut.

(54)

Plastic material and synthetic resins.

(55)

Potash.

(56)

Rayon and rayon yarns.

(57)

Rubber—natural or synthetic, including tires, tubes, or similar products, gutta percha, chickle and valata processing.

(58)

Sawmill.

(59)

Scrap metal reduction.

(60)

Soaps (other than from vegetable by-products) or detergents, including fat rendering.

(61)

Solvent extraction.

(62)

Starch manufacture.

(63)

Steel works and rolling (ferrous).

(64)

Storage batteries, wet cell.

(65)

Sugar refining.

(66)

Testing—jet engines and rockets.

(67)

Textiles bleaching.

(68)

Turpentine and resin.

(69)

Wallboard and plaster, building insulation.

(70)

Wire ropes and cable.

(71)

Wool pulling or scouring.

(72)

Yeast.

Utility and residential uses. Utility plants and substations such as, but not limited to, sewage, water, power, communications and gas are allowed in the I-3 district. All residential buildings and uses are prohibited, except for caretaker's quarters incidental to a permitted I-3 use.

Uses confined to building. At all manufacturing establishments or rebuilding, storage or repair places permitted in the I-3 district, all materials and products shall be stored and all manufacturing, rebuilding, storing or renovating operations shall be carried on entirely within an enclosed building or confined and completely enclosed within masonry walls not less than six feet in height.

Minimum landscaped open space, greenbelts, trees, and maintenance.

(1)

Landscaped open space. A minimum of ten percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that an industrial-zoned site that abuts residentially zoned or developed property shall provide 15 percent of the net lot area as landscaped open space. Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation areas, and other similar landscaped open space at ground level. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. The specific areas within enclosed or unenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein and areas therein with permanent art display may be used as part of the required landscaped open space, but such areas shall not be credited for more than ten percent of the required landscaped open space. For approved structures exceeding four stories in height, additional landscaped open space shall be provided equivalent to 25 percent of the gross floor area of each floor above four stories.

(2)

(3)

Landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of the Miami-Dade County Code.

(4)

(Ord. No. 4022, § 2(Exh. A), 4-6-2015; Ord. No. 4969, § 2(Exh. A), 7-27-2023)

Footnotes:

--- (1) ---

Editor's note— Ord. No. 4022, § 2(Exh. A), adopted April 6, 2015, amended § 2.04.00 in its entirety to read as set out herein. Former § 2.04.00 pertained to similar subject matter and derived from Ord. No. 2211 adopted Dec. 6, 1993; Ord. No. 2400, § 1, adopted June 3, 1996; Ord. No. 2981, § 1(2.04.01(B) and 2.04.02(B)), adopted Aug. 12, 2002, § 1(2.04.06(A), (B)), adopted Aug. 12, 2002; Ord. No. 3913, Art. 1, adopted Aug. 25, 2014; and Ord. No. 3852, Art. 1, adopted March 3, 2014.

2.05.00. - University District and regulations.

2.05.01. Intent and applicability.

The city's comprehensive plan (the "CP") contains goals, policies and objectives which call for the creation of mixed-use corridors in high traffic areas of the city which are highly accessible via multiple modes of transportation. The intent of these regulations is to guide development within these mixed-use corridors in order to promote high density, intense development and to encourage quality residential and academic living facilities with direct access to shopping, recreation, entertainment, commercial and employment that will serve to further integrate the city's economy with that of Florida International University (the "university"). It is further intended that multi-family residential occupancy, university housing, senior housing, active-duty military and/or veteran housing, and workforce housing in this area be promoted and encouraged in combination with office and neighborhood serving retail and service uses.

The regulations contain in this article and Chapter 18-A, Code of Miami-Dade County, Florida, shall apply except as otherwise added to or modified herein.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.02. Definitions. Words/terms not herein defined shall have the meaning ascribed to them in section 1.02.00 of this Code. For the purpose of the University District, the following words/terms shall have the following meaning:

Colonnade shall mean a roofed structure, extending over a private walkway, open to the street and sidewalk except for supporting columns and piers.

Department shall mean the city's planning and zoning department.

Director shall mean the department director.

Government use shall mean public administration buildings, fire and police stations, and the like, excluding, however, jails, public work or general services facilities, solid waste transfer facilities and the like.

Gross lot area shall be equal to the net lot area, except that lots which front a public street shall include 50 percent of the right-of-way width.

Loading space, off-street shall mean an area in which goods and products are moved on and off a vehicle, including the stall or berth and apron or maneuvering room incidental thereto.

Transient dwelling/lodging shall mean a use consisting of units available for lease or rent by transient guests for a period of typically not more than 30 days. Such use includes hotels, motels, and the like.

University shall mean Florida International University any university or college located in Miami-Dade County.

University District Unit shall mean, and be equivalent to, four beds.

10.

University housing shall mean a use consisting of fully furnished dwelling units for undergraduate, graduate, and/or faculty and staff of a university or college to lease, rent, or purchase. Leases and rentals of university housing for students shall last for a period of typically not more than a university semester or academic year. Any property owner proposing university housing shall provide the city with a declaration of restrictions running with the land, and in a form acceptable to the city attorney, covenanting that residences shall be provided exclusively for the use of undergraduate, graduate, and/or faculty and staff of a university or college. All subsequent property owners and/or third-party owners of university housing units shall be bound by the declaration of restrictions and the limitations set therein.

11.

Senior attainable housing shall mean Senior Housing for households whose earnings are not more than 60 percent of the County's Area Median Income (AMI).

12.

Senior housing shall mean housing that is suitable for the needs of an aging population (55+). Any property owner proposing senior housing shall provide the city with a declaration of restrictions running with the land, and in a form acceptable to the city attorney, covenanting that residences shall be provided exclusively for the use of senior individuals (55+). All subsequent property owners shall be bound by the declaration of restrictions and the limitations set herein.

13.

Story shall mean that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above the floor of such story. The definition of story shall apply citywide. In any residential building in which the area of the upper floor does not exceed two-thirds of the area of the floor immediately below it, such upper floor shall not be considered a story.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014; Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.03. Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose within the University District, except as provided for in these regulations.

Permitted uses.

Mixed uses. The vertical or horizontal integration of residential, business, hotels, government and office uses shall be permitted as provided herein. Vertical integration shall consist of any combination of primary uses, with business and/or office uses typically located on the ground floor and office and/or residential uses on the upper floors. Horizontal integration shall consist of any combination of parcels with different primary uses within the same block.

Principal uses. The following uses shall be permitted within the University District:

Multiple-family residential dwelling units, including senior housing, senior attainable housing, active-duty military and/or veteran housing, and workforce housing;

Transient dwelling/lodging use;

University housing;

Government use such as administration buildings, fire and police stations, and the like.

Banks, credit unions and similar financial institutions.

Retail establishments, limited to the following:

Antique stores;

ii.

Art stores and commercial art galleries;

iii.

Book and stationary stores open to the general public;

iv.

Card and gift shops;

Housewares stores

vi.

Home improvement stores;

vii.

Drugstores;

viii.

Florist;

ix.

Food stores, including bakeries, confectioneries, delicatessens, fruit and vegetable markets, meat and fish markets, ice cream stores, and groceries;

General merchandise and furniture stores;

xi.

Jewelry stores;

xii.

Leather goods and luggage shops;

xiii.

Newsstands;

xiv.

Office supply stores;

xv.

Liquor and package stores (without drive-through facilities);

xvi.

Photo supply stores;

xvii.

Sporting good and bicycle stores;

xviii.

Electronics stores;

xix.

Variety and sundry stores; and

xx.

Clothing, apparel, and shoe stores.

Such facilities may provide incidental repair, maintenance, alteration, or adjustment services as appropriate, but facilities, operation and storage for such services shall not be visible from the street or pedestrian walkway.

Service establishments including the following:

Barber and beauty shops;

ii.

Custom tailoring, dressmaking and millinery shops, except where products are made for off-premises sale;

iii.

Duplicating and business centers;

iv.

Photographic studios;

Shoe repair stores; and

vi.

Dry-cleaning services.

Art galleries, museums, and libraries.

Restaurants and cafes.

Theaters, other than drive-in.

Health studios, spas, and personal fitness establishments.

Educational facilities offering business and professional certification/training programs and post-secondary public or private educational facilities.

Private clubs, lodges, fraternities, and sororities.

Health clinics and laboratories.

Studios (other than dance).

Travel agencies.

Adult daycare facilities.

Parking garages, provided that there shall be no access to such facilities from primary pedestrian pathways.

Drive through facilities for restaurants and financial institutions (located at the rear of the buildings).

Self-storage uses included in a project with residential and/or university housing uses;

Any other use that the planning and zoning director or his designee deems similar to or consistent with this Article.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.04. Location of buildings. Pedestrian comfort should be a primary consideration for the design of the public realm fronting adjacent thoroughfares. Buildings in the University District shall be located towards the front of the property with driveway entrances for parking and services located towards the rear. There shall be no driveway connections to SW 109th Avenue, unless access to the lot shall be otherwise rendered impossible.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.05. Minimum lot requirements. Lots shall conform with the requirements and limitations in Table 4.1 under Article IV Section 4.01.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.06. Floor area. The maximum floor area for any building, and all permitted uses within the University District, shall be form based, calculated pursuant to the maximum height, density, and building typology and location, as permitted by the University District regulations. For University District properties fronting SW 7 Terrace, the incorporation of a pedestrian-friendly improvement/walkable linear park component along SW 7 Terrace integrated into the development program, and funded by the property owner. Said pedestrian friendly improvement shall be reviewed and approved by the mayor or his/her designee in accordance with design approved under Resolution 3944.

(Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.07. Height. The maximum height of any building within the University District shall not exceed 320 feet. The height limitations shall apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the building; and/or to rooftop terraces, entertainment spaces, amenities, commercial uses, etc., which may be encompassed on the roof area.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014; Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.08. Density.

Density shall be based on net lot area and shall be calculated within the University District as follows:

Residential uses lying within the University District establish under Ordinance 3842 shall not exceed 105 units per net acre.

Transient dwelling/lodging units shall be considered as equivalent to one-half of a dwelling unit shall not exceed a maximum of 105 units per net acre.

University housing as defined herein shall not exceed 210 units per acre.

For development projects in line Policy 1.2 of the Future Land Use Element of the City's Comprehensive Plan, providing at least 20 percent housing meeting the needs of the elderly, active-duty military and/or veterans, and/or workforce housing, shall not exceed a maximum of 210 units per net acre.

For development programs that adhere to the criteria under Section 2.05.08 (1)(c) or Section 2.05.08(1)(d), four housing beds shall be equivalent to one University District Unit; and shall apply to residential mixed-use projects incorporating university housing, workforce housing, active-duty military and/or veteran housing, senior housing and or multi-family dwelling units.

The maximum occupancy for University District Unit, per Section 2.05.08(1)(c) or Section 2.05.08(1)(d), shall be limited to a maximum of four housing beds per unit.

Any property owner proposing transient dwelling/lodging and/or university housing, workforce housing, active-duty military and/or veteran housing and/or senior housing shall provide the city with a declaration of restrictions in a form acceptable to the city attorney stating that if there is a change in the use, the owner shall comply with all provisions of the University District and regulations.

Existing university housing projects that exhibit design excellence and/or functionality, as set forth in Section 2.05.24, may be eligible to lease up to 49 percent of units to non-University tenants. Existing university housing projects seeking to lease to non-University tenants shall provide the City with a parking demand study and analysis, setting forth evidence that the proposed program complies with the current off-street parking requirements for new proposed mixed used.

Overall density within the University District, subsequent to the enactment of Ordinance No. 4999 shall not exceed a total density of 12,000 units; and shall be geographically limited to the area bounded by West Flagler Street on the north, SW 112 Avenue on the west, SW 107 Avenue on the east, and SW 7 Terrace on the south (the "University District Density Cap"). Any proposed increase to the University District Density Cap shall require approval via Ordinance by the City Commission. Such requests shall require, and be supported by, pertinent studies and analyses conclusively setting forth that the proposed increase will meet City concurrency standards, and will not have an adverse effect on the City.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014; Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4853, § 2(Exh. A), 8-1-2022; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.09. Setbacks.

Front: Ten feet or zero feet if colonnades are provided to a height of 15 feet. Buildings may be constructed above colonnades. Colonnades shall be ten feet in depth. Colonnades may be provided on side streets if the ground level open space requirements of section 2.05.10 are complied with.

Side: Five feet.

Rear: Twenty feet.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014)

2.05.10. Open/recreation space.

Open space. Ground level open space shall be ten percent of the net lot area. Open space shall be landscaped and shall not contain any non-pervious areas.

Recreation space. Fifty percent of the ground level open space may be achieved by providing recreation spaces anywhere within the building (i.e., pool decks, roof gardens, etc.). The recreation open space must be open to all residents, employees, and invited guests of residents. Recreation opens spaces shall be shaded and their ground surface shall be a combination of paving materials, lawn or ground cover.

2.05.11. Landscape. Except as provided herein, landscape shall by Chapter 18A of the Miami-Dade County Code. Within the University District, the following landscape requirements shall specifically apply:

Street trees shall be planted to a maximum of 25 feet average on center, with a minimum four-inch diameter at breast height.

Street trees shall not be required when colonnades are provided.

For all permitted uses, a minimum of 16 trees shall be required per net lot area. In addition to placement of the required trees on the lot, required trees may be placed in greens, squares, plazas, and medians within the University District, subject to the approval of the planning and zoning director or his designee.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.12. Off-street parking. See Article IV section 4.03.00 off street parking and loading' of the City Land Development Code. For any proposed development in the University District, the property owner shall provide the city with a declaration of restrictions running with the land, and in a form acceptable to the city attorney, covenanting and setting forth a parking management plan delineating how off-street parking will be configured and managed based on the proposed use. All subsequent property owners and/or third-party owners of university housing units shall be bound by the declaration of restrictions and the limitations set therein. Development projects in-line with Policy 1.2 of the Future Land Use Element of the City's Comprehensive Plan, providing at least 20 percent housing meeting the needs of the elderly, active-duty military and/or veterans, and/or workforce housing, shall provide a minimum of one off-street parking space for every one housing bed; and shall apply to residential mixed-use projects incorporating university housing, workforce housing, active-duty military and/or veteran housing, senior housing, and/or multi-family dwelling units. Additionally, any property owner proposing a residential mixed-use project incorporating university housing, workforce housing, active-duty military and/or veteran housing, senior housing, and/or multi-family dwelling units, shall allocate at least 15 percent of the total project off-street parking spaces towards the University District Parking Pool, which shall be defined as private off-street parking spaces made available to the public, including paid hourly parking spaces available to the general public and/or parking spaces available for lease to other University District buildings and facilities (the "University District Parking Pool"). University District Parking Pool off-street parking spaces shall be privately managed and administered by the proffering property owner.

(Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4853, § 2(Exh. A), 8-1-2022; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.13. Off-street loading. All buildings in excess of 25,000 square feet shall provide off-street loading berths, with a minimum dimension of 12 feet by 35 feet in size. University housing providing furnished units for occupancy shall be permitted to provide off-street loading berths with a minimum dimension of ten feet by 20 feet. All off-street loading berths shall be provided in accordance with: article IV section 4.03.03.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014; Ord. No. 4853, § 2(Exh. A), 8-1-2022)

2.05.14. Service areas. All services areas shall be screened and located at the rear of the property and shall be located so as to not be visible from adjacent properties or from the street.

2.05.15. Structured parking. All facades of a parking structure facing a street shall be lined with a habitable liner, architectural treatment, or a combination of the two. Any architectural treatment used to line such a facade shall be approved by the planning and zoning director. The intent of this section is to screen the activities within the parking structure from view from the street.

(Ord. No. 4258, § 2(Exh. A), 9-12-2016; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.16. Review procedure/ administrative site plan and architectural review. All applications for development approval within the University District that are not otherwise permitted as nonconforming uses or structures shall comply with the requirements of this article and the site plan and architectural. Prior to approval of an administrative site plan review (ASPR) application, applicant shall present the proposed project to the City Commission for informational proposes. Such presentation shall be placed as Special Presentation of the City Commission agenda. Developments shall be processed and approved administratively as follows.

Administrative site plan and architectural plan review process. The department shall review plans, including the exhibits listed below for completeness and compliance with the provisions of this article, and for compliance with the site plan review criteria provided herein. Additionally, all applications shall be reviewed by the following departments of the City of Sweetwater and other public entities for potential impacts on infrastructure and other services resulting from the applications: public works department, Miami-Dade County Department of Environmental Resources Management, fire-rescue department, police department, and Miami-Dade County Public Schools. In the event the application indicates impact on service and infrastructure provided by any of the foregoing, the applicant shall meet with the affected department or entity to discuss potential mitigation of the impacts and shall submit evidence to the department of such discussion.

The director shall issue a final decision within 30 days of the date of submission of the completed application. The applicant shall have the right to extend the 30-day period by an additional 30 days upon timely written request to the department. The department shall have the right to extend the 30-day period by written notice to the applicant that additional information is needed.

Denials shall be in writing and shall specifically set forth the grounds for the denial. Any final decision of the director may be appealed in accordance with the procedures established by this chapter for appeals of administrative decisions.

As part of the review process, the director may require a unity of title or a declaration of restrictive covenants in lieu of unity of title in a form acceptable to the city attorney.

Submittal requirements. Applications for administrative site plan and architectural review shall be accompanied by exhibits prepared by registered architects and landscape architects which shall be submitted to the department and shall include the following:

Site plan(s) including:

Location;

Street layouts;

Locations, shape, size, and height of any existing buildings;

Indication of street vistas;

Lot lines, setbacks and build-to-lines;

Location of on-street and off-street parking, loading facilities, and waste collection areas;

Indication of signage; and

Indication of any site or building design methods used to conserve energy.

Landscape plans, including specifications of species of plant material, location, and size in accordance with this article and Chapter 18A of the Miami-Dade County Code.

Street cross-sections, including adjacent buildings and open space.

Floor plans and elevations, and sections of all buildings, including total gross square feet of area for each floor and all dimensions relating to the requirements of this article.

Figures indicating the following:

Gross and net acreage;

Total square footage for each type of use;

Total number of dwelling units;

Amount of passive and active open spaces in square feet; and

Such other design data as may be needed to evaluate the project's compliance with the requirements of this article and chapter.

Substantial compliance with previous approval. The planning and zoning director shall approve an application to modify or eliminate a condition or part thereof, or a restrictive covenant or party thereof, where it is demonstrated that the proposed modification or elimination will result in substantial compliance with the previous zoning action regarding a site plan, as demonstrated by all of the following:

Development density and intensity have not materially changed, in that:

The number of buildings is not increased;

The number of stories is the same or fewer;

The height of the building(s) is the same or less;

The number of units is the same or fewer;

The lot coverage and floor area ratio are the same or less;

The number of bedrooms and corresponding parking spaces may be increased or decreased by as much as ten percent, based on the entire plan, provided the plan complies with all other requirements of this subsection and of this chapter.

Design has not materially changed, in that:

The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans;

The parking area is in the same general location and configuration;

The building setbacks are the same or greater distance from perimeter property lines;

The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect;

The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved;

Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans;

Recreational facilities, if shown on plans approved by a prior zoning action, either remain the same or are converted from one recreational use to another;

If recreational facilities were not shown in the approved plans, they may be added, provided there is no increase in lot coverage or decrease in required open space and such facilities are located internally within the proposed development;

If a variance for signage has been granted, the proposed sign(s) are no greater in size and are placed in the same general location on the site as approved by zoning action;

The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the zoning code that were not previously approved at public hearing, or of expanding the scope of existing variances;

Reductions in the number of parking spaces on the site are permitted if sufficient parking spaces are provided to satisfy the requirements of this Code.

Subsection 2.05.16C. shall have citywide applicability.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.17. Zoning relief from certain requirements. Relief from the requirements of this article shall be permitted only pursuant to the standards and requirements of section Article VII of this Code. With respect to relief from the requirements of Section 2.05.12 and Table 4.3 of Section 4.03.02, such requests or applications shall be supported by a parking demand study and analysis prepared by a registered traffic engineer.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.18. Relief/appeals. Relief and/or appeals of the director's decision shall be in accordance with section 9.08.01 and pursuant to the standards and requirements of section 9.08.05.

2.05.19. Conflicts with other chapters and regulations. This article shall govern in the event of conflicts with other zoning subdivision, or landscape regulation of the code.

2.05.20. Non-conformities: Structures and uses.

Generally.

Definition. A non-conformity as used in this code is an existing Use or structure that is in compliance with the zoning regulations that were applicable at the time when the use or structure was established, and for which all required permits were issued, but which does not conform in whole or part to the regulations of this code. Such nonconformity is legal and may continue except as regulated by this section.

A non-conformity may also be created where the lawful use of eminent domain or an order of a court of competent jurisdiction has affected the lawfully existing use or structure, in a way so that the property does not comply with this Code. In this instance, the non-conformity is legal and may continue except as regulated by this section.

A change in tenancy, ownership, or management of a non-conforming Use or structure shall not be construed to create a non-conformity, provided the change is otherwise lawful and in compliance with this Code.

Intent concerning non-conformities generally. It is the intent of this Code that non-conformities may continue, but are not encouraged to expand or enlarge, and once they cease they may not be reestablished, except under the terms of subsections 2.05.20.B. and 2.05.20.C.

The temporary or illegal Use of property shall not be sufficient to establish the existence of a non-conformity or to create rights in the continuation of a non-conformity until it shall come into compliance with the regulations of this Code.

If at any time a non-conforming structure, or any structure containing a non-conforming use, becomes unsafe or unlawful by declaration of the City of Sweetwater, Miami-Dade County Unsafe Structures Board, or other government agency having jurisdiction, the structure shall not thereafter be restored or repaired and the use shall not be reestablished except in conformity with the regulations of the zoning district which it is located.

Structures and uses in the event of disaster.

Single-family dwelling and duplex dwelling. In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the Planning & Zoning Director may permit the reconstruction of any non-conforming single-family dwelling or duplex dwelling to the same or decreased non-conformity as existed immediately prior to the disaster, upon submission of proof satisfactory to the director of the configuration of the prior single-family dwelling or duplex dwelling, and only in compliance with the Florida Building Code. An application for reconstruction of the single-family dwelling or duplex dwelling shall be filed within 12 months of the event of its destruction, unless the city council authorizes the director to extend the 12-month period citywide.

All other structures.

Where a non-conforming structure is destroyed by natural disaster, explosion, fire, act of God, or the public enemy, the director may, by written waiver, allow for the replacement or reconstruction of the non-conforming structure in whole or in part upon finding that the criteria of paragraph b. below are met.

Criteria for approvall. Replacement or reconstruction may be permitted if the following findings are made:

The cause of destruction was not the deliberate action of the owner or occupant of the structure or his agents.

ii.

The replacement or reconstruction is reasonably necessary to allow the reasonable conforming use of the structure.

iii.

The replacement or reconstruction meets the Florida Building Code.

An application for the reconstruction or repair shall be filed within a period of 12 months from the date of the destruction unless the city council authorizes the director to extend the 12-month time period citywide.

Non-conforming uses.

The restoration of a non-conforming use within a structure that is destroyed by natural disaster, explosion, fire, act of God, or the public enemy, may be approved by warrant as outlined below. The use must be restored in a conforming structure or structure approved by waiver, and of equal or lesser size on the same property. The approval shall further find that the criteria of paragraph b. are met.

Criteria for approval. The restoration of any non-conforming use may be permitted if all of the following are found to be met:

The cause of destruction was not the deliberate action of the owner or occupant of the structure or his agents; and

ii.

Nothing contained in the provisions of this code or the City Code requires termination of such non-conforming use; and

iii.

There is a substantial public advantage in continuance of the non-conforming use; and

iv.

Replacement or reconstruction in the manner proposed, with related actions imposed in conditions and safeguards, will reduce any previous adverse effects of use on neighboring properties; and

The use will not be enlarged or intensified.

The application for the restoration shall be filed within a period of 12 months from the date of the destruction and be diligently carried to completion. Unless restoration is so initiated and completed, the non-conforming use shall terminate and not be resumed.

Alterations and expansion of non-conforming structures.

Single-family and duplex dwellings.

Interior alterations to a non-conforming single-family or duplex dwelling for interior work, such as repairs or interior remodeling, shall be allowed.

Alterations, additions, repairs, and maintenance to a non-conforming single-family or duplex dwelling unit shall be permitted as long as there is no enlargement of any non-conformity that affects the exterior of the building or premises.

Where alteration, addition, repair or maintenance enlarges a non-conformity affecting the exterior of the building or premises, the enlargement may be permitted by waiver from the director upon meeting the standards of subsection 2.05.20.B.2.b.

All other structures.

Less than 50 percent of square footage of structures. Alterations which enlarge the non-conformity of a non-conforming structure to extent less than 50 percent of the total square footage of the non-conforming structure may be permitted by special exception from the planning and zoning board. In addition to satisfying the special exception criteria, the proposed enlargement shall not exceed a height or length of 50 percent of the horizontal or vertical linear footage of the exterior wall(s) of the remaining non-conforming portion of the structure.

Fifty percent or more of the square footage of the structure. A non-conforming structure may be altered to enlarge the non-conformity of the structure by 50 percent or more of the total square footage of the non-conforming structure only if the structure thereafter conforms to the requirement of the zoning district in which it is located.

Computation of alterations. The extent of alteration will be calculated to include the sum of all alterations over a period of three consecutive years.

Expansion, repairs, remodeling and maintenance that does not enlarge the non-conformity of a non-conforming structure. All expansion, repairs, remodeling and maintenance that does not enlarge the non-conformity of the structure are permitted and only in compliance with the Florida Building Code.

Non-conforming uses.

Time limitation. Where, at the effective date of adoption or amendment of this Code, a lawful use exists which would not be permitted under this Code, the use may be continued for 20 years consistent with this section. Upon application, the city council may grant by special exception an extension for continuance of the use for an additional term of up to 20 years.

Legally established alcoholic beverage establishments, having a valid certificate of use or certificate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations imposed by the City Code.

Replacement and expansion of structures that contain non-conforming use.

No enlargement, extension, replacement or restoration of an existing structure which contains a non-conforming use shall be permitted except to change the use to a conforming use and as provided below:

Interior arrangement. A non-conforming use may be extended throughout any parts of a structure which was clearly designed or arranged for the non-conforming use at the time that the use became non-conforming. If a portion of a structure was unoccupied or not manifestly designed for the non-conforming use, the use may not be expanded within the structure.

ii.

Alterations to the extent of less than 50 percent of the square footage of a structure containing a non-conforming use. Where an alteration of a structure containing a non-conforming use is less than 50 percent of the square footage of the structure at the time of alteration, the non-conforming use may be permitted to continue pursuant to an exception.

iii.

Exterior. No non-conforming use which exists outside a structure shall be extended to occupy more area than was occupied at the time the use became non-conforming, except as approved by exception and to comply with the non-use regulations of the zoning district in which it is located. In this case, the occupancy of the new location shall be construed as remaining a non-conforming use.

Subdivision or structural additions. Structures used for non-conforming uses shall not be subdivided, nor shall any structures be added on the premises.

Discontinuance or abandonment of a non-conforming use. If, for a period of more than six months, a non-conforming use is documented as being discontinued or a certificate of use for a non-conforming use lapses, any subsequent use shall conform to the regulations of the Code. Provided, however, the time period shall not include any time during which the discontinuance is caused by the governmental action which impedes access to the premises.

(Ord. No. 3587, § 1(Exh. A), 11-7-2011)

2.05.21. Relief for non-conforming properties as a result of partial taking through eminent domain proceedings. If as a result of a governmental taking, either by the city or by another governmental or public agency, by eminent domain or negotiation, existing building or vehicular use areas or other permitted uses would, but for this section become non-conforming or further non-conforming with, lot size, setback and landscape provisions of the City Code, the following relief is available:

Subject to paragraph 4, existing building and vehicular use areas or other permitted uses which are not within the part taken, but which, because of a taking, do not comply with lot size, setback, landscape or other requirements of the City Code, shall not be required to be reconstructed to meet such requirements and the remainders shall be deemed thereafter conforming properties. The exemption thus created shall constitute a covenant of compliance running with the land.

Subject to paragraph 4, any conforming building or vehicular use areas or other permitted uses taken either totally or partially may be relocated on the remainder of the donor site without being required to comply with the lot size or setback provisions of this code except that the relocated building or vehicular use areas or other permitted uses shall be set back as far as physically feasible without reducing the utility or use of the relocated building, vehicular use area or other permitted use below its pre-taking utility use. The exemption thus created shall constitute a covenant of compliance running with the land.

Any properties exempted according to the above paragraphs 1 and 2 which are subsequently destroyed, other than by voluntary demolition, to an extent more than 75 percent of the value at the time of destruction, may be restored but only to the pre-destruction condition.

As to the exemptions provided in paragraphs 1 and 2 above, the condemning authority, the landowner or both may apply in writing to the building official for a determination that granting of the exemption will not result in a condition dangerous to the health, safety, or welfare of the general public who shall issue his written determination within 30 days. Said determination may be appealed to the planning and zoning board.

Any development permits or variances required to relocate buildings or vehicular use areas or other permitted uses taken or partially taken may be applied for the condemning authority and granted for the property in question.

(Ord. No. 3823, Art. 1, 12-2-2013)

2.05.22. Signage.

Definitions.

Sign: Any identification, description, illustration, or device, illuminated or non-illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information.

The following are specifically excluded from the definition of "sign:"

Governmental signs and legal notices.

Signs not visible beyond the boundaries of the property upon which they are located, or from any public right-of-way.

Signs displayed within the interior of a building which are not visible from the exterior of the building.

National flags and flags of political subdivisions.

Weather flags.

Address numbers, provided they do not exceed two square feet in area.

Outdoor advertising sign: Sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which sign is displayed and which does not identify the place of business as purveyor for the merchandise or services advertised on the sign.

Animated sign: A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance.

Revolving or whirling sign: A revolving or whirling sign is an animated sign, which revolves or turns or has external sign elements that remove or turn. Such signs may be power driven or propelled by the force of wind or air.

Canopy, or awning sign: A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning, eyelid or other protrusion above or around a window, door or other opening on a facade.

Construction sign: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of individuals or entities associated with, participating in or having a role or interest with respect to the project. Notable features of the project under construction may be included in construction signs by way of text or images.

Development sign: On-site signs announcing features of proposed developments, or developments either completed or in process of completion.

Electronic reader board (ERB) sign: A changeable copy sign which consists in whole or in part of light emitting diodes. ERB signs shall only display an ordered sequence of letters, numbers and/or punctuation marks intended to transmit a message, the message shall refer exclusively to items available on the premises or services provided on the premises.

Ground sign: Any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground. Permanently attached as used herein shall mean that the supporting structure of the sign is attached to the ground by a foundation.

Ground freestanding sign: Any sign which is permanently affixed and or upon the ground, supported by one or more structural members, with air space between the ground and the sign face.

Ground monument sign: Sign which shall be construed as including signs mounted on walls or structures other than the walls of building.

Notice, directional, and warning sign: A sign which guides or directs the public and contains no advertising. Signs limited to providing notice concerning posting or property against trespass, directing deliveries or indicating location of entrances, exists and parking on private property, indicating location of buried utilities, warning against hazardous conditions, prohibiting salesman, peddlers, or agents, and the like.

Pennant or streamer sign: Signs made up of strings or pennants, or composed of ribbons or streamers, and suspended over open premises or attached to buildings.

Portable sign: Any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools.

Projecting sign: Any sign which is an independent structure, which is attached to the building wall, and which extends at any angle from the face of the wall. No projecting sign shall extend above the roof or parapet wall.

Real estate sign: A temporary sign used solely for the purpose of offering the property on which they are displayed for sale, lease, or rental of the property or premises upon which it is located.

Roof sign: Any sign erected or painted upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.

Wall sign: A sign painted on the outside of a building.

Building signs.

Wall signs. The building in which the establishments are located shall be allowed one wall sign, limited to a building identification sign, not exceeding 50 square feet in area, for each face of the building oriented toward the street. In addition, each individual establishment within a building that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs:

A wall sign not to exceed one square foot in area for each linear foot of frontage of the establishment.

Window signs not to exceed ten percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached. The number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above.

An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed six inches in height.

Projecting signs. Shall be limited to one sign structure with no more than two sign surfaces, neither of which shall exceed 40 square feet in sign area.

Ground of [or] freestanding signs. Shall be limited to one sign structure with no more than two sign surfaces, neither of which shall exceed 40 square feet in sign area. Maximum height limitation shall be 20 feet including embellishments, measured from the crown of the nearest adjacent local or arterial street.

Directional signs. May be combined with address signs but shall bear no advertising matter, and may be erected to guide to entrances, exits, or parking areas. Not more than one such sign, not exceeding five square feet in area, shall be erected per entrance, exit, or parking area.

[Construction and real estate signs.] Construction and real estate signs not to exceed 20 square feet shall also be permitted.

Prohibited signs.

Outdoor advertising signs.

Pennant or streamer signs.

Portable signs.

Roof signs.

Animated signs.

Electronic reader board (ERB) signs.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014)

Section 2.05.23. Outdoor dining.

Permitted accessory use. Outdoor dining shall be permitted as an accessory use in conjunction with a restaurant, subject to the following restrictions applicable to designated outdoor dining areas:

The area shall be managed, operated and maintained as an integral part of the restaurant to which the permit is issued.

Area must be specifically delineated on the site, landscape, building plans, and included in required parking calculations.

Amount of area and seating shall not exceed 40 percent of the patron area and seating within the restaurant.

Outdoor dining is restricted to the sidewalk frontage of the restaurant to which the permit is issued or within the sidewalk frontage of the building where the subject restaurant is located.

An area cannot be closer than ten feet to a side or rear property line.

A clear and unobstructed pedestrian path through the area not less than six feet in width must be maintained at all times. For determining clear path, parking meters, traffic signs, newspaper racks, trees and all similar obstacles shall constitute obstructions.

Tables, chairs, umbrellas, planters and other objects and fixtures must be readily removable, maintained with a clean and attractive appearance and in good repair at all times, and stored indoors when the restaurant is closed.

Seating of patrons is only permitted between the hours of 7:00 a.m. to 11:59 p.m.

Outside public address systems are not permitted.

10.

Food preparation, food displays, food storage and refrigeration equipment are not allowed.

11.

Signage is not permitted on any outdoor furniture, umbrellas or fixtures. Blinking and flashing-type lighting is prohibited.

12.

Umbrellas or other decorative material shall be fire retardant.

13.

The mayor, or his or her designee, may require the temporary removal of outdoor dining areas for public safety reasons, community emergencies or public infrastructure repairs and maintenance.

Certificate of use and occupancy. The certificate of use and occupancy for the restaurant to which the permit is issued shall reflect whether or not outdoor dining is permitted.

Plan approval. Any request for outdoor dining shall be reviewed and the permit approved administratively by the building and zoning director provided it meets all applicable requirements set forth herein.

Application forms. The Building Department shall make available application forms for outdoor dining.

Content. An outdoor dining application shall be accompanied by a site plan and building permit plans delineating those areas and structures on the property to be utilized for outdoor dining, and providing dimensional and other relevant information. The building department may require additional information where it is deemed necessary.

Plan review and permit. The building department and appropriate staff shall review the site plan and building permit plans to determine compliance with all applicable life safety codes and the conditions set forth herein. Once full compliance is determined, the outdoor dining permit will be issued.

(Ord. No. 3842, § 2(Exh. A), 1-21-2014)

2.05.24. Community Benefits Program. University District development programs shall exhibit design excellence and/or functionality, which provides community benefits beyond increased tax base and employment.

Design excellence and/or functionality shall be obtained via the incorporation of a minimum of five of the project elements set forth below:

Off-site pedestrian-friendly improvements, including beautification initiatives applied towards the greater University District streetscape, or payments in connection therewith.

Payment into the Parking Trust Fund, as set forth in Section 4.03.06 of the Code.

For University District properties fronting SW 7 Terrace, the incorporation of a pedestrian-friendly improvement/walkable linear park component along SW 7 Terrace integrated into the development program, and funded by the property owner. Said pedestrian friendly improvement shall be reviewed and approved by the mayor or his/her designee in accordance with design approved under Resolution 3944.

Amenities such as swimming pools, fitness centers, recreation rooms, etc.

Diverse residential unit types and configurations to promote diversity among residents.

Bus passenger shelter(s), comparable trolley stop(s)

Dedicated ride-share and delivery areas

Redevelopment of a degraded, contaminated or blighted site encompassing a minimum of one-half (0.5) gross acre.

Corner accents such as towers and/or other architectural features to emphasize the hierarchy of the different ground floor uses and to avoid lengthy facade repetitions.

10.

Project design exhibits world-class architecture, urban design elements, and high-end materials and finishes.

11.

Permanent art-work display at street level and/or visible from the street, including, but not limited to, sculptures, murals, and building accents.

12.

Pedestrian-oriented retail uses that include outdoor seating areas and commercial uses with attractive merchandise window displays and non-repetitive storefronts.

13.

Improved entrance and lobby areas for dwelling units, including high-quality materials such as granite, marble, natural stone, wood, etc.

14.

Enhanced landscape buffering, in excess of the requirements set forth in Section 2.05.11, that serve to enhance the attractiveness and visual appeal of the University District, and ameliorate impacts to abutting properties.

15.

Payment of cost recovery funds in connection with the City's University District streetscape design analysis and study, and in furtherance of the goals set forth in Section 2.05.26.

16.

Payment of cost recovery funds in connection with the City's University District SW 112 Avenue Connection guidelines analysis and study, and in furtherance of the goals set forth in Section 2.05.27.

17.

Building(s) that meets LEED (Leadership in Energy and Environmental Design) certification for new construction. This includes LEED Certified, LEED Silver, LEED Gold, LEED Platinum, or any other comparable Green Building Standards, including but not limited to National Green Building Standards (NGBS).

18.

Open spaces such as colonnades, pocket parks, plazas, wide sidewalks, etc.

19.

Open space that achieves Sustainable Site Initiative (SITES) certification from the Green Business Certification Inc. (GCBI) for site and landscape design.

20.

Enhanced outdoor furniture, including, but not limited to, benches, lighting, lighting fixtures and trash and garbage containers, etc.

21.

Public plaza containing at least one civic/cultural feature.

22.

Any other design element(s) or project feature(s) that the Director may deem satisfactory as an element exhibiting design excellence and/or functionality, or that is determined by the City Council to be a community benefit.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.25. Limited expansion of University District. Pursuant to the city's comprehensive plan, properties within the area bounded by West Flagler Street on the north, SW 112 Avenue on the west, SW 107 Avenue on the east, and SW 7 Terrace on the south; the University District may be extended via the University District overlay (the "University District Overlay"), subject to the grant of a special use permit as set forth in Section 7.07.00 of this Code, to properties having a land use classification of mixed-use residential commercial, moderate density multi-family residential, medium multi-family residential, commercial or institutional.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023; Ord. No. 5168, § 2(Exh. B), 6-2-2025)

2.05.26. University District streetscape standards. The City shall adopt streetscape design standards to help unify the image of the University District. The guidelines shall address the coordination of elements of paving, street trees, lighting, street furniture, and other related features, and address design and construction of streetscape improvements within public right-of-way and in adjacent public and private outdoor spaces. Subsequent to the City's adoption of the above-reference streetscape design standards, all university District development programs shall incorporate elements set forth therein, in order to help establish and maintain design uniformity throughout the University District.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.05.27 University District—Responsible Growth Initiatives. As a result of the continued growth and progress of the City, and as an integral element to multi-modal transportation and traffic patterns to and from the City, University District development programs approved subsequent to the enactment of Ordinance No. 4999 shall provide a payment towards off-street improvements in connection with the construction of required facilities and infrastructure for the extension of SW 112 Avenue from SW 7 Terrace to SW 8 Street (the "SW 112 Avenue Connection"). The City shall adopt guidelines related to the SW 112 Avenue Connection, which shall address the coordination of key elements including construction, timelines, costs, etc. Total cost shall be estimated on a per square foot basis. Such payments towards the SW 112 Avenue Connection shall be based on a pro rata share, pursuant to the net acreage of the respective University District development site.

Any future developments located outside of the geographic boundaries of the University District, and approved subsequent to the enactment of the above-mentioned Ordinance, which impact the SW 112 Avenue corridor and traffic patterns to and from the City, shall also make pro-rata payments towards the SW 112 Avenue Connection, as set forth above, and pursuant to Section 3.02.05.F.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)

2.06.00 - Dolphin Community Urban Center and regulations.

2.06.01. Intent and applicability.

The regulations contain in this article and Chapter 18-A, Code of Miami-Dade County, Florida, shall apply except as otherwise added to or modified herein.

The boundaries for the Dolphin Community Urban Center shall be as follow. On the North bounded by NW 17 St on the South bounded by NW 14 St on the East bounded by NW 108 Ave and on the West bounded by NW 112 Ave.

2.06.02. Definitions. Words/terms not herein defined shall have the meaning ascribed to them in section 1.02.00 of this Code. For the purpose of the Dolphin Community Urban Center, the following words/terms shall have the following meaning:

Colonnade shall mean a roofed structure, extending over a private walkway, open to the street and sidewalk except for supporting columns and piers.

Department shall mean the city's planning and zoning department.

Director shall mean the department director.

Floor area shall equal the floor area within the inside perimeter of the outside walls of the building with no dedication for hallways, stairs, closets, thickness of interior walls, columns or other features. Where the term "area" is used in this section, it shall be understood to be gross area unless otherwise specified. In theaters, assembly halls and similar occupancies, balconies, galleries, stages and mezzanine floors which are not enclosed shall be considered as adding to floor area.

Floor area, non-residential. Non-residential floor area is the sum of areas for non-residential use on all floors of buildings, measured from the outside faces of the exterior walls, including interior and exterior halls, lobbies, enclosed porches and balconies used for non-residential uses.

The following areas, however, shall not be counted as non-residential floor area:

Open terraces, patios, atriums or balconies;

Stairways, elevator shafts, mechanical rooms; or

Floor areas specifically excluded from floor area limitations by special provisions of these regulations.

Floor area, residential. The sum of areas for residential use on all floors of buildings, measured from the outside faces of the exterior walls or windows, including interior and exterior halls, lobbies, enclosed porches and private enclosed balconies and floor areas below floodplain.

The following areas, however, shall not be counted as residential floor area:

Open terraces, patios, atriums, or balconies;

Special purpose areas for common use of occupants, such as recreation rooms or social halls;

Stairways, elevator shafts or mechanical rooms; and

Parking and loading areas within buildings.

Gross lot area shall be equal to the net lot area plus half of the adjoining street rights-of-way when there is an adjoining street.

Loading space, off-street: An area in which goods and products are moved on and off a vehicle, including the stall or berth and apron or maneuvering room incidental thereto.

10.

Transient dwelling/lodging. A use consisting of units available for lease or rent by transient guests for a period of typically not more than 30 days. Such use includes hotels, motels, and the like.

11.

Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above the floor of such story. The definition of story shall apply citywide.

2.06.03. Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose within the Dolphin Community Urban Center, except as provided for in these regulations.

This category is intended to encompass land use functions allowed within Dolphin Community Urban Center.

Permitted uses. A single use may not occupy more than 90 percent of the development.

(a)

Reserved.

(b)

Residential.

Multi-family use.

ii.

Condo-hotel.

iii.

Housing/dormitories as an accessory to a university or college.

(c)

Commercial.

Full range of sales and service activities.

ii.

Retail and wholesale uses.

iii.

Personal and professional services,

iv.

Commercial and professional offices.

Hospitals, nursing homes, and medical buildings.

vi.

Entertainment and cultural facilities.

vii.

Amusement and commercial recreation.

viii.

Telecommunication facilities.

ix.

Educational buildings non public/private. (College, university, trade schools).

Child daycare facilities.

(d)

Hotel and motel.

(e)

Government.

Water, wastewater, and drainage facilities.

ii.

Public safety buildings.

iii.

Telecommunication facilities.

iv.

Non-profit social service agencies.

Public educational buildings.

vi.

Utility plants and public facilities.

(f)

Office and light industrial.

Professional offices.

ii.

Office parks.

iii.

Corporate headquarters.

iv.

Research laboratories.

Wholesale showrooms.

vi.

Hospitals and medical buildings.

vii.

Distribution centers.

viii.

Mini-warehouses.

ix.

Low-impact manufacturing and assembly operations.

Limited non-jet engine testing.

xi.

Telecommunication facilities.

2.06.04. Location of buildings. Pedestrian comfort should be a primary consideration for the design of the public realm fronting adjacent thoroughfares.

2.06.05. Minimum lot requirements. There shall be no specific dimensional requirements for any lots. Lots shall be of sufficient size to conform to the requirements and limitations of these regulations.

2.06.06 Floor area. The floor area for all permitted uses within Dolphin Community Urban Center shall be calculated based on the gross lot area. Max floor area ratios are as listed below.

Lot Size	Floor Area Ratio (FAR)
Up to 6.99 acres	2.0
Seven acres—9.99 acres	2.5
Ten acres or more	3.0

2.06.07. Height. The maximum height of any building within the Dolphin Community Urban Center shall not exceed 12 stories. The maximum height of all the stories shall be 120 feet. A single story may have a maximum height of 30 feet, provided that no mezzanine area intended for commercial use exceeds ten percent, and no mezzanine area intended for residential uses exceeds 80 percent of the floor area of that story. The height limitations shall not apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar equipment required to operate and maintain the building (provided that such structures shall not cover more than 20 percent of the roof area, nor exceed a height of 15 feet above the roof, nor to fire or parapet walls, which shall not extend more than five feet above the maximum height, nor to structured parking (provided such structure(s) do not exceed 50 feet from grade).

2.06.08. Density. The maximum residential density allowed for each use shall be based on the gross lot area of proposed development. A density increase is available for projects providing housing meeting the needs of the elderly and/or workforce housing (WH) per the requirements of Chapter 36—Workforce Housing of the City Code of Ordinances, as set forth below. Such elderly and/or workforce housing (WH) dwelling units shall be provided within the total additional dwelling units granted pursuant to the density increase. More specifically, the density increase shall be applied as follows:

Residential Use
Lot Size	Density Allowed	Density bonus percentage increase	Maximum Density allowed
Up to 6.99 acres	60 units/acre	10 percent	66 units/per acre
Seven acres—9.99 acres	75 units/acre	15 percent	86 units/per acre
Ten acres or more	90 units/acre	20 percent	108 units/per acre

Any property owner proposing transient dwelling/lodging, university, and/or elderly housing shall provide the city with a declaration of restrictions in a form acceptable to the city attorney stating that if there is a change in the use, the owner shall comply with all provisions of the Dolphin Community Urban Center and regulations.

(Ord. No. 5168, § 2(Exh. B), 6-2-2025)

2.06.09. Minimum setbacks.

Front: Ten feet.

Side: Ten feet.

Rear: Five feet.

2.06.10. Landscape/recreation space.

Landscape open space. Ground level landscape open space shall be 18 percent of the net lot area. The area shall be landscaped and shall not contain any non-pervious areas.

Recreation space. Fifty percent of the ground level landscape open space may be achieved by providing recreation spaces anywhere within the building (i.e., pool decks, roof gardens, etc.). The recreation open space must be open to all residents, employees, and invited guests of residents. Recreation open spaces shall be shaded and their ground surface shall be a combination of paving materials, lawn or ground cover.

2.06.11. Landscape. Except as provided herein, landscape shall be by chapter 18A of the Miami-Dade County Code. Within the Dolphin Community Urban Center, the following landscape requirements shall specifically apply:

Street trees shall be planted to a maximum of 25 feet average on center, with a minimum four-inch diameter at breast height.

Street trees shall not be required when colonnades are provided along the property lines.

For all permitted uses, a minimum of 16 trees per net acre shall be required per net lot area. In addition to placement of the required trees on the lot, required trees may be placed in greens, squares, plazas, and medians within the Dolphin Community Urban Center, subject to the approval of the planning and zoning director or his designee.

2.06.12. Off-street parking and loading. See chapter IV sections 4.02.00 and 4.03.00

2.06.13. Structured parking. All facades of a parking structure facing a street shall be lined with a habitable liner, architectural treatment, or a combination of the two. Any architectural treatment used to line such a facade shall be approved by the planning and zoning director. The intent of this section is to screen the activities within the parking structure from view from the street. Structured parking shall not be counted toward the floor area calculation nor shall parking structure be counted towards the number of stories or height permitted (provided such structured parking does not exceed 50 feet in height from grade), regardless of the use of a habitable, business, or office liner.

2.06.14. Review procedure/administrative site plan and architectural review. All applications for development approval within the Dolphin Community Urban Center that are not otherwise permitted as nonconforming uses or structures shall comply with the requirements of this article and with the site plan and architectural review criteria outlined herein. Developments shall be processed and approved administratively as follows:

Administrative site plan and architectural plan review process. The department shall review plans, including the exhibits listed below for completeness and compliance with the provisions of this article, and for compliance with the site plan review criteria provided herein. Additionally, all applications shall be reviewed by the following departments of the City of Sweetwater and other public entities for potential impacts on infrastructure and other services resulting from the applications: public works department, Miami-Dade County Department of Environmental Resources Management, fire-rescue department, police department, and Miami-Dade County Public Schools. In the event the application indicates impact on service and infrastructure provided by any of the aforementioned, the applicant shall meet with the affected department or entity to discuss potential mitigation of the impacts and shall submit evidence to the department of such discussion.

As part of the review process, the director may require a unity of title or a declaration of restrictive covenants in lieu of unity of title in a form acceptable to the city attorney.

Site plan(s) including:

Location;

Street layouts;

Locations, shape, size, and height of any existing buildings;

Indication of street vistas;

Lot lines, setbacks and build-to-lines;

Location of on-street and off-street parking, loading facilities, and waste collection areas;

Indication of signage; and

Indication of any site or building design methods used to conserve energy.

Landscape plans, including specifications of species of plant material, location, and size in accordance with this article and Chapter 18A of the Miami-Dade County Code.

Street cross-sections, including adjacent buildings and open space.

Floor plans and elevations, and sections of all buildings, including total gross square feet of area for each floor and all dimensions relating to the requirements of this article.

Figures indicating the following:

Gross and net acreage;

Total square footage for each type of use;

Total number of dwelling units;

Amount of passive and active open space in square feet; and

Such other design data as may be needed to evaluate the project's compliance with the requirements of this article and chapter.

Development density and intensity have not materially changed, in that:

The number of buildings is not increased;

The number of stories is the same or fewer;

The height of the building(s) is the same or less: