Loading...
Ordinance 82-2296ORDINANCE NO, 82-2296 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 1891, OF THE CITY OF MIAMI BEACH, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE PROVIDING FOR A NEW TERM "TOWNHOME RESIDENTIAL DEVELOPMENT" USE; PROVIDING SUCH USE AS A PERMITTED USE IN THE PLANNED UNIT RESIDENTIAL DEVELOPMENT (PUD) DISTRICT AND THE FOLLOWING MULTIPLE FAMILY DISTRICTS -LOW DENSITY (RM -14), MEDIUM LOW DENSITY (RM -24) AND MEDIUM DENSITY (RM -60); AND CREATING A NEW SECTION 25 ENTITLED "TOWNHOME RESIDENTIAL DEVELOPMENT REGULATIONS" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVER- ABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 3, Subsection 3-2, of Ordinance No. 1891 is hereby amended by the addition of the following definition to read as follows: 3-2 Terms Defined TOWNHOME RESIDENTIAL DEVELOPMENT: Is a grouping of single family attached or detached units on one building site. Each townhome unit shall have separate ingress and egress and independent electrical and water utilities. SECTION 2: That Section 6, Subsection 6-2(B) of Ordinance No. 1891 is hereby amended to read as follows: 6-2 RM -14 Multiple -Family Low Density District. * * * B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Apartment building 2. Group houses 3. One- or two-family dwelling. 4. Townhome Residential Development pursuant to Section 25 5. The following uses may be permitted as a Conditional Use: a. Church, synagogue and temple b. Municipal buildings and uses. c. Public and governmental buildings and uses. d. Public utilities or public service uses, structures and appurtenances thereto. e. Publicly owned and operated recreation facility, playground, playfield, park and beach. f. School, elementary or high, having a curriculum substantially equivalent to public schools of comparable grades and having approval of the State Department of Education. g• Temporary use for a period not to exceed 15 days. 5_6. Accessory uses for above uses. * * * SECTION 3: That Section 6, Subsection 6-3(B), of Ordinance No. 1891, is hereby amended to read as follows: 6-3 PUD Planned Unit Development Residential District * * * B. USES PERMITTED. 1. Single family detached dwelling. 2. The following uses are subject to site plan approval: a. Accessory uses for above b. Apartment building c. Automobile Parking Lot, Open, or Enclosed, Non - Commercial provided such use is accessory to a primary use in accordance with the provisions * * of Section 9-3 of the Ordinance. For purpose of this Section, a written agreement shall be construed as a Unity of Title and shall be recorded in the Circuit Court. d. Churches, synagogues and temples e. Group house f. Municipal buildings and uses. g• Private Club h. Two family dwelling i. Townhome Residential Development Pursuant to Section 25 i- j.Temporary use for a period not to exceed 15 days SECTION 4: That Section 6, Subsection 6-4(B) of Ordinance No. 1891, is hereby amended to read as follows: 6-4, RM -60 Multiple Family Medium Density District * B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Apartment Building 2. Group houses 3. One- or two-family dwelling 4. Rooming house 5. Community Garage 6. Townhome Residential Development Pursuant to Section 25 6T 7. The following uses may be permitted as a Conditional Use: SECTION 5: That Section 6, Subsection 6-20(B) of Ordinance No. 1891 is hereby amended to read as follows: 6-20 RM -24 MULTIPLE FAMILY LOW DENSITY DISTRICT B. USES PERMITTED. No land, water or structure may be used, in whole or in part, except for one or more of the following uses: 1. Apartment building. 2. Group houses 3. One- or two-family dwelling 4. Townhome Residential Development Pursuant to Section 25 4. 5. The following uses may be permitted as a Conditional Use: * * * SECTION 6: That Ordinance No. 1891 is hereby amended by the addition of a new Section 25, Townhome Residential Development Regulations, to read as follows: Section 25. Townhome Residential Development Regulations 25-1 Purpose. These regulations provide for the arrangement of townhome dwelling units so as to result in the efficient and aesthetically pleasing use of land; meaningful open spaces; and provide for the protection of the surrounding residential area. 25-2 Uses Permitted. No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, or reconstructed, structurally altered or maintained for any purpose under these regulations which is designed, arranged or intended to be used or occupied for any reason or purpose, except for townhomes and related accessory uses and structures that support the Townhome Residential Development. 25-3 Districts Permitted. Townhome Residential Developments are permitted in the following districts: RM -14 - Multiple Family Low Density District RM -24 - Multiple Family Medium Low Density District PUD - Planned Unit Development Residential District RM -60 - Multiple Family Medium Density District 24-4 Filing Requirements. Petitioners for a Townhome Residential Development shall file an application with the Economic Development Department in accordance with the following provisions: A. All Townhome Residential Developments shall meet the requirements of Section -23 Site Plan Review Regulations. The Site Plan shall become part of the official record. B. When a Townhome Residential Development is not a permitted use in the zoning district, the peti- tioner may file for an amendment to the ordinance or a change of zoning pursuant to the process as set forth in Section 16 General (Changes and Amend- ments). A request for an amendment to the Ordinance for a change of zoning to allow townhome development shall be accompanied by a site plan in accordance with the requirements of Section 23 and such site plan shall become part of the official record of the zone change request. Not withstanding any other provision of Zoning Ordinance No. 1891, applications for Change of Zoning to Planned Unit Development (PUD) shall contain an area not less than 21,000 square feet and frontage on a public street of not less than 150 ft. 25-5 Development Regulations. These regulations shall apply to all Townhome Residential Developments where permitted in this Zoning Ordinance: Rev. 1/28/82 A. As part of the Site Plan Review Process required in Section 23-4-1D-1 of these regulations, each Townhome Residential Development must demonstrate a compatibility with neighboring uses. The Townhome Residential Development shall also be designed to preserve and/or enhance the character and natural habitat of adjoining properties and neighborhood. B. Density - shall not exceed the maximum density permitted in the district in which the Townhome Residential Development is located. No more than four (4) townhome units shall be constructed in any one building. C. Minimum building site - 21,00 square feet. D. Minimum floor area - no individual townhome dwelling unit shall have less than one thousand (1,000) square feet of floor area and the average floor area of the townhome residential development shall be no less than thirteen hundred (1,300) square feet. E. Parking - a minimum of two (2) off-street parking spaces shall be provided for each individual townhome dwelling unit. When parking is not located in the minimum front yard setback, the parking requirement shall be one and three quarters (1-3/4) spaces for each townhome dwelling unit. In addition to the above required spaces, a minimum of one (1) additional off-street space for every three (3) townhome units shall be provided; however, said space shall not be located in the minimum front yard setback, and such spaces shall be designated as visitor space. All required parking shall be located on site. F. Height - the maximum building height shall not exceed thirty (30) feet above grade. With the exception of carports, accessory structures shall be enclosed on all sides, one of which may be a building wall. The maximum height of all accessory structures shall not exceed one story in height. G. Lot Coverage - the maximum lot coverage for the development shall not exceed forty percent (40%) of the site. H. Yards - structures may be arranged irrespective of platted lot lines. For purposes of this Section, the perimeter boundary lines of the site shall be referred to as the site line. 1. No structure shall be permitted within twenty (20) feet of a public street. No structure shall be permitted within twenty (20) feet of a front or rear site line or within seven -and -one- half (7-1/2) feet of an interior side site line. 2. The minimum setback between groups of attached or detached townhome units shall be no less than fifteen (15) feet measured between the nearest points of adjacent buildings. 3. For purposes of this Section, a private drive shall be a roadway that is privately owned which provides the primary means of vehicular access to the driveway(s) and/or parking areas serving each townhome structure. Private drives which provide for traffic in one direction shall have a minimum width of ten (10) feet. Private drives which provide for traffic in two directions shall have a minimum width of twenty (20) feet. There shall be a four (4) foot wide land- scaped setback area between a private drive and any site line and a three (3) foot wide landscaped setback area between any private drive and any structure or obstruction. In addition, each townhome unit shall be located at least twenty (20) feet from a private drive. I. Landscaping - all required yard areas shall have a minimum of one (1) shade or flowering tree located on each and every four hundred (400) square feet of said area. Said trees shall be 8-10 feet in overall height when planted. When perimeter fences or walls are located adjacent to sidewalks, there shall be a minimum three (3) foot setback from the perimeter wall to the sidewalk. This space shall be planted with shrubs no less than thirty (30) inches in height and twenty-four (24) inches in width when planted. All pervious surfaces shall be landscaped with shrubs, hedge material, flowers, grass or other acceptable landscaping treatments. All plant materials shall be maintained by the property owner so as to assure the landscaping treatment indicated in the approved plans. J. Services and utilities - each townhome dwelling unit shall be serviced by separate water, telephone, gas and electric services. Electric, telephone, or any other form of cable, wire, etc. shall be placed underground. K. No townhome dwelling unit shall be located over another unit. L. When not specifically addressed in these regulations, all other appli- cable regulations contained within Zoning Ordinance No. 1891, as amended, shall apply. SECTION 7: REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 8: SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 9: This Ordinance shall take effect 10 days after adoption, on February 13, 1982. PASSED and ADOPTED this 3rd day of February ATTEST: City Clerk �JA.L 1st Reading - January 6, 1982 2nd Reading - February 3, 1982 New wording underlined Old Wording dashed out (i.e. 5) ***Wording remains the same Mayor , 1982. APPROVED LEGA PART Ct Date 0 / ƒ \ . / \ 0 ,-I / u = w .- 0) // cn \ / H g 0.) w e m & / / / \ 0) CO / \ / \ C w a w »* t= a \ 0 \ ( / / \ / / H CO / $ ^ 0 0 § \ • $ /// ®\e®®)Q j®2\%//§/\\ / 4) & / 2 ƒ / » / \ / 0) �\ �4- wEwQ0uu4Jmw Q¥ m u» u w w «, 0 • } / - / P ? / / u 0 E / / \ •H 0 E \0\/��/00) / 0 /\\ 0 e ± 0 0 p$4� G0 u 0 H w & © � L CCI