ORDINANCE 828ORDINANCE NO. 30-74-82R
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTIONS 5,, '6, 7 AND
8 OF ARTICLE V OF SECTION 1 OF ORDINANCE
NO. 20 -71 -724, HERETOFORE ADOPTED AS THE
OFFICIAL ZONING ORDINANCE OF THE C -ITY
OF SOUTH MIAMI, FLORIDA, BY CHANGING
THE PURPOSES, AREAS, SPECIAL USES AND
SITE DEVELOPMENT STANDARDS WITH REGARD
TO CERTAIN DESCRIBED DISTRICTS, AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 5 of Article V of Section
1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be, and
the same is hereby amended to read as follows:
"5 -5 'RB -6' CLUSTER SINGLE FAMILY RESIDENTIAL DISTRICT
5 -5 -1 Purpose
The purpose of this district shall be to
provide areas for the clustering of single
family dwelling units on relatively small
lots so as to permit the preservation of
large unencumbered open spaces which can
be retained in their natural state and /or
utilized for recreational purposes.
5 -5 -2 Uses Permitted
. -01 Single Family Residential Dwellings.
.02 Park or playground, public.
.03 Accessory uses, which are designed in a manner
compatible with permitted single -family
residential dwellings, may be permitted.
Said accessory uses may include, but not be
limited to recreation buildings, swimming
pools, tennis courts, storage facilities,
or other similar uses.
5 -5 -3 Site, Development Standards
.01 Site Area. The minimum required site area
c r the entire project shall, nest be less
than two (2) acres, exeludi.ng existing and
proposed public rightn -of- way,
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.02 Lot Area.. The minimum required lot area for each
individual single family dwelling unit shall be
not less than two thousand five hundred (2,500)
square feet. All lots shall be individually
platted and properly recorded.
.03 Density,. The maximum number of single family
residential dwellings permitted shall not
exceed six (6) units per net acre.
.04 Open Space. The following type and amount of
open space 'shall be required in all cluster
family residential projects:
(a) Not less than forty (40) percent of the total
project site area shall be preserved in
previous open ;space of a commonly owned and
maintained nature, which may include passive
recreational area, greenways, buffer strips„
gardens, nature preserves or other similar
uses.
(b) Not less than twenty (20') percent of each
individual residential lot shall be allocated
for private open - space, which may be used
for courtyards, patios, gardens, swimming
pools or other similar uses.
.05 Height. The maximum height of any structure
shall not exceed two (2) stories or twenty -five
(25) feet..
.06 Setbacks. Yard setbacks for individual dwelling
units shall be determined during site plan review
and shall not be stipulated herein in order not
to inhibit the cluster design concept. A
perimeter setback around the entire project,
however, of not less than fifty (50) feet, shall .
be required.
.07 Common Maintenance. Provisions satisfactory to the
City Attorney shall be made to assure that all
non - public areas and facilities for the common .
or joint use of all project residents shall be
maintained in a satisfactory manner without
expense to the general taxpayers of the City.
Such may be provided by the incorporation of an
automatic membership homeowners association for
the purpose of continuously holding title to such
areas and facilities and levying assessments against
each unit for the purpose of paying taxes and
maintenance. Such non - public areas and facilities
may include, but not be limited to, recreational
areas, private streets, open apace areas and street
lighting. tither methods may be acceptable if the
same positively provide for the care of such
facilities without expense to the general taxpayer."
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Section 2. That Section '6 of Article V of Section
1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be, and
the same is hereby amended to read as follows:
"5 -6 'RB -9' TOWNHOUSE /DUPLEX RESIDENTIAL DISTRICT
5 -6 -1 Purpose
The purpose of this district is to provide
suitable sites for the development of well
planned, environmentally compatible, low
density attached single family residential
projects of a townhouse and /or duplex
nature, which are located in such a manner
as to serve as effective transitional land
use elements between less intensive detached
single family residential areas and more
intensive multi - family residential or
commercial areas.
5 -6 -2 Uses Permitted
.01 Townhouse dwellings. Townhouses shall be
defined as three (3) or more attached single
family residential dwelling units which are
in individual ownership and served by separate
utility services..
.02 Duplex dwellings.
.03 Single Family dwellings, subject to all RS' -3
requirements.
.04 Park or Playground, public,.
.05 Accessory Uses, which are designed in a manner
compatible with the above permitted residential
dwellings may be permitted. Said accessory uses
may include, but not be limited to, recreation
buildings, swimming pools, tennis courts, storage
buildings, garages or other similar uses.
5 -6-3 Site Deve3:apment Standards
.01 Site Area. The minimum required site area shall
be not less than the following:
(a) Townhouse use - 15,000 sq. ft.
(b) Duplex uses - 10,000 sq. ft.
.02 nenai�ty The maximum number of dwelling units
permitted per acre shall, be nine (J). Such
acreage talcul.aticns shall n6t include perimeter
public :rigbtg -of -may.
3-
.03 Height. The maximum height of any structure
shall not exceed two (2), stories or thirty (30)
feet. No more than two (2) consecutive
contiguous dwelling units shall have the same
height. A minimum variation of not less than
three (3,) feet shall, be required. In a
townhouse project, not less than twenty (20)
percent of all units are to be of a one (1,)
story height (not more than fifteen (15) feet
in ;height.).
.04 Setbacks. Yard setbacks for individual dwelling
units shall not be less than the following
minimum distances and shall be unencumbered with
structures:
Setbacks For
Distance
Individual Units
(feet)
Other
Front
25
No more than two (2)
consecutive contiguous
dwelling units shall
have the same front
setback. A minimum
variation of not less
than five (5) feet
shall, be required.
Rear
25
Side (interior
lot line)
10
Side (corner) 15
Side (between
structures on
same site) 20
Project Perimeter 15 Required in addition
to any other setback
in a townhouse project
which is five (5)
acres or more.
.05 Groupings. The maximum length of any group of
attached townhouse dwelling units shall not
exceed six (6), except where modified by the
Environmental Review Board where specific conditions
permit.,
.06 Streets. Private streets and driveways shall meet,
all City and .Dade County construction specifications
and have a minimum pavement width of not less than
twenty -two (22) feet. When divided one -way streets,
driveways or entrances are provided, each directional
movement shall have a minimum pavement width of not
less than thirteen (13) feet.
.07 Open Space. All townhouse projects shall be
required to provide the following open space and
landscape elements:
(a) Not less than twenty -five (25,) percent of the
total project shall be provided as common open
space. Said open space 'shall be unencumbered
with any structure, off - street parking area,
street or driveway and shall be landscaped and
well maintained with grass, trees, and ;shrubbery,
excepting only areas used for recreational
purposes of an impervious nature:.
(b) In addition to the above common open space
requirement, not less than four hundred and
forty (440) square feet of contiguous ground
level outdoor living area shall be provided
for each individual dwelling unit. Said area
shall not include areas allocated for driveway
or off-street parking purposes. Not less than
fifty (50) percent of the above required area
shall be sodded and /or landscaped. All adjacent
outdoor living areas shall be separated by a
six (6) foot high fence or wall which provides
visual privacy. When said visual privacy
fences or walls are also installed at the rear
of such areas, a direct means of access to the
required pedestrian way shall be provided.
(c) There shall be provided not less than twenty-
five (25) trees per gross acre of project area.
Trees shall not be less than eight (8) feet in
height at the time of planting and installed
prior to the issuance of a certificate of
occupancy. Credits toward this requirement may
be allowed by the Environmental Review Board of
either or both the preservation of existing trees
and the installation of over -sized trees. Any
request for an exception,, credit or allowance
under this provision shall be specifically stated
in writing and attached 'to and made a part of
the site plan to which it applies.
.08 Common Maintenance. Provisions satisfactory to the
City Attorney shall be made to assure that all nin-
public areas and facilities for the common or joint
use of all project residents shall be maintained in
a satisfactory manner without expense to the general
taxpayers of the City. Such may be provided by the
Incorporation of an automatic membership homeowners
association for the ,purpose of continuously holding
title to such areas and facilities and levying
assessments against each unit for the purpose of paying
taxes and maintenance. Such ftoh i ublic areas and
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I
facilities may include, but not be limited to,
recreational areas, private streets, open space
areas and street lighting. Other methods may be
acceptable if the same positively provide for
the care of such facilities without expense to
the general taxpayer.
.05 Permitted Modifications The site development
standards established in the Project Per:imter
may be modified by the Environmental Review Board
after site plan review provided that such
modification, when incorporated within the total
site plan, illustrate that the spirit and intent
of this ordinance and all other applicable
ordinances will be met. A building permit shall
be issued at the end of fifteen (15) days from
the date of Environmental Review Board approval;,
if no objection to any permitted modification is
made by a member of the City Council and no appeal
is taken pursuant to Section 11 -7 -5.
Section 3. That Section 7 of Article V of Section
1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning ordinance of the City of South Miami, Florida, be, and
the same, is hereby ,amended to read as follows:
"5 =7 'RM -18' LOW DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT
5 - -7` -1 Purpose
The purpose of this district is to provide
suitable sites for the development of low
density multi- family residential uses with
appropriate landscaped open space which are
located in such a manner as to serve as an
effective transitional land use element between
less intensive residential uses and more intensive
multi - family and /or commercial uses.
5 -7 -2 Uses Permitted
.01 Multi- Pamily Dwellings, developed in such a manner
as to be in compliance with the standards provided
herein.
.02 Townhouse or Duplex Dwellings, s ubject to all :;B -o
requirements.
.03 Sincile- Family Dwellings,subject to all RS -3
requirements.
.04 Park or Playground, public.
.05 pcceseory uses, which are subordinate to, supportive
of, compatible with and customary in connection with
permitted residential dwellings, shall be permitted.
Permitted accessary uses may include, but not be
limited to, reereat4ioft buildings, tenni=s courts,
swung pools, garages, off- street parki.nq areas,
storage facilities# or other sinAlar uses and shall;
he related to and available for the cmzon usage of
all projects resi.ddhtso
�0m
5 -7 -3 Special Use's Permitted
.01 Church, temple, synagoque, or similar house of
worship; provided that it is on a site of not
less than two (2) acres, tnat no structure is
less than one hundred (100) feet from an adjacent more
restrictive residential district, that there be
adequate ingress and egress which will not create
adverse traffic conditions, and that a public
hearing will be held by the Council to determine
the overall compatibility of the proposed use
with the neighborhood.
.02 Fraternal organization or private club; provided
that it is on a site of no less than one ('1)
acre, that no structure is less than fifty (50)
feet from an adjacent more restrictive residential
district, that there be no sale of alcoholic
beverages, and that a public hearing be held by
the Council to determine the overall compatibility
of the proposed use with the neighborhood.
5 -7 -4 Site Development Standards
.01 Site Area. • The minimum required site area shall not
be less than ten thousand (10,000) square feet.
.02 Density. The maximum number of dwelling units per
acre shall be eighteen (18). Such acreage
calculations shall not include perimeter public
right -of -way.
.03 Height. The maximum height of any structure shall
not exceed three (3) stories or thirty -five (35)
feet.
.04 Setbacks. Yard setbacks shall be in compliance
with the following minimum requirements and shall
be unencumbered with structures:
Yard. Building Height Setback (feet)
Front 1 and 2 story 25
3 story 30
Rear 1 and 2;story 20
3 story 25
Side (corner or 1 and 2 story 25
between 3 story 30
Structures on
same site)
side (interior 1 and 2 story 12.5
lot line) 3 story is
.05 Land Coverage. The maximum amount of total site
area which may be covered by all uses requiring
impervious ground coverage, including but not
limited to, structures, streets, alleys, pedestrian
ways, driveways, off - street parking areas, tennis
courts, patios, and swimming pools, shall not exceed
sixty (60) percent;.
.06 Landscaping. All pervious areas shall be landscaped .
wits grass, trees and shrubbery. A minimum of
twenty -five (25') trees per acre of total site area
shall be provided prior to the issuance of a
certificate of occupancy. Trees shall not be less
than eight (8) feet in height at the time of
planting. Credits toward this requirement may be
allowed by the Environmental Review Board for either'
or both the preservation of existing trees and the
installation of over -sized trees. Any request for
an exception, credit or allowance under this provision,
shall be specifically stated in writing and attached
to and made a part of the site plan to which it applies,. "
Section 4. That Section, 8 of Article V of Section
1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be, and
the same is hereby amended to read as follows:
115 -8 IRM -24' MEDIUM MULTL- FAMILY RESIDENTIAL DISTRICT
5 -8 -1 Purpose
The purpose of this district is to provide
suitable sites for the development of medium
density multi. - family residential uses with
appropriate landscaped open space.
5 -8 -2 Uses Permitted
.01 Multi - Family Dwellings, developed in such a
manner as to be in compliance with the standards
provided herein.
.02 Townhouse or Duplex Dwellings, subject to all
RB -9 requirements.
.03 Single- Family Dwellings, subject to all. RS -3
requirements.
.04 Park or Playground, public
.05 AccessprV Uses, which are subordinate to, supportive
of, compatible with and customary in connection with
permitted residential dwellings, shall be permitted.
Permitted accessory uses may include, but not be limited
to, recreation buildings, tennis courts, swimming
pools, garages, off- Street parking areas, storage
taeilities, or other similar used and shall be .related:
to and available for the common usage if all project
residdfits.
5-8-3 $todla]._.4i�es_.:P�1 :� tted3
Wig:.
.01 Church, temple, svnacioque, or similar house of
worship; provided that it is on a site of not
less than two (2) acres, that no structure is
less than one hundred (100) feet from an adjacent
more restrictive residential district, that there
be adequate ingress and egress which will not create
adverse traffic conditions, and that a public
hearing will be held by the Council to determine
the overall compatibility of the proposed use
with the neighborhood.
.02 irate nal organization or private club;; provided
that it is on a site of no less than one (1)
acre, that no structure, is less than fifty (50)
feet from an adjacent more restrictive residential
district, that there be no sale of alcoholic
beverages, and that a public hearing be held by
the Council to determine the overall compatibility
of the proposed use with the neighborhood.
5 -8 -4 Site Development Standards'.
.01 Site Area. The minimum requred site area shall be
not less than fifteen thousand (15, 000) square feet.
.02 Frontage. The minimum required site frontage shall
be not less than one hundred (100) feet in width.
.03 Density. The maximum number of dwelling units per
acre shall be twenty -four (24). Such acreage
calculations °shall not include perimeter public
rights -of -way.
.04 Height. The maximum height of any structure, shall
not exceed four (4) storeis or forty -five (45) feet.
Upon site plan review and approval at public hearing,
up to two additional stories may be permitted provided
that setbacks are increased proportionately and that
the site area is of an adequate size to accommodate
said height,.
.05 Setbacks. Yard setbacks shall be in compliance with
the following minimum requirements and shall be
unencumbered with structures.
Yard Building Height Setback (feet)
Front 1 and 2 story 25
3 story 30
4 story 35
Rear 1 and 2 story 20
3 story 25
4 story 30
side (Corner or 1 and 2 story 25
between 3 story 30
structures on 4 story 35
samo site)
side (interior l and 2 story, 12.5
lot line) 3 story i5
4 story 20
.06 Land Coverage. The maximum amount of total site area
which may be covered by all uses requiring impervious
ground coverage, including, but not limited to,
structures, streets, alleys, pedestrian ways, driveways,
off - street parking areas;, tennis courts, patios and
swimming pools, shall not exceed seventy (70); percent.
.07 Landscaping. All pervious areas shall be landscaped
with grass, trees and shrubbery. A minimum of twenty -
five (25) trees per acre of total site area ,shall be
provided prior to the issuance of a certificate of
occupancy. Trees shall not be less than eight (8)
feet in height at the time of planting. Credits toward
this requirement may be allowed by the Enviornmental
Review Board for either or both the preservation of
existing trees and the installation of over -sized
trees. Any request for an exception, credit or
allowance under this provision shall be specifically
stated in writing and attached to and made a part of
the site plan to which it applies.
Section 5. All ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
PASSED and ADOPTED this 16th day of July ,1974.
APPROVED:
Mayor
Attest:
City Clerk �Z /r
Passed on First Reading: June 11, 1914
Passed on Second Readings July 16, 1974
gloved by
G111is
Seconded
by McCann
YES Nn
Block
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