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HomeMy WebLinkAbout2025-002-482_-_Innovation_Overlay_District_-_Adopted.docxPage 1 of 126 Ordinance No. 2025-002-482 ORDINANCE NO. 2025-002-482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CODE OF ORDINANCES AS OUTLINED IN EXHIBIT “A” ATTACHED HERETO; AMENDING THE CITY OF MIAMI GARDENS LAND DEVELOPMENT REGULATIONS ARTICLE I. - GENERAL PROVISIONS; ARTICLE II. – ADMINISTRATION; ARTICLE V. - ALCOHOLIC BEVERAGES; ARTICLE VI. – HOUSING; ARTICLE IX. - GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES; ARTICLE X. - ACCESSORY USES AND STRUCTURES; ARTICLE XI. - DEVELOPMENT STANDARDS GENERALIZED TABLE OF DEVELOPMENT STANDARDS; ARTICLE XII. - OFF-STREET PARKING, LOADING AND VEHICULAR CIRCULATION REQUIREMENTS; ARTICLE XIII. - DESIGN STANDARDS; ARTICLE XIV. - MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES, TREE PROTECTION; ARTICLE XV. - PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) AND ENTERTAINMENT OVERLAY DISTRICT (EO); ARTICLE XIX. - DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING THE CITY ZONING MAP TO CREATE A LOCATION FOR THE INNOVATION OVERLAY (IO) ZONING DISTRICT AS ATTACHED IN EXHIBIT B; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens adopted its own Land Development Regulations (LDR) in 2010 to foster development and maintain stable neighborhoods and it is common for municipalities to periodically review the LDR in order to adapt to land use needs and respond to changing circumstances in their communities, and WHEREAS, this amendment establishes the Innovation Overlay (IO) district in the area designated I-1, Light Industrial located south of the Palmetto Expressway and east of NW 17th Avenue - more commonly known as the Sunshine State Industrial Park, and WHEREAS, innovative uses to including but not limited to food halls, maker spaces, and work/live lofts have been incorporated into the permitted uses table within the IO district to promote economic growth, while fostering creativity and community engagement, and WHEREAS, overall, the Innovation Overlay District is poised to become a dynamic hub of activity, attracting both residents and visitors alike while preserving the industrial heritage of the area, Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 2 of 126 Ordinance No. 2025-002-482 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: That the City of Miami Gardens Zoning Map is hereby amended as outlined in Exhibit “A” attached hereto. Section 3. INNOVATION OVERLAY DISTRICT AREA. The Innovation Overlay Zoning District shall be the area defined and described in Exhibit “B” attached hereto. Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 5. SEVERABILITY: If any section, subsection, 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 6. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13TH DAY OF NOVEMBER 2024. PASSED ON SECOND READING ON THE 22ND DAY OF JANUARY 2025. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 22, 2025. ________________________________ RODNEY HARRIS, MAYOR Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 3 of 126 Ordinance No. 2025-002-482 ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Vice Mayor Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Stephens, III Yes Councilwoman Baskin Yes Councilman Leon Yes Councilwoman Powell Yes Councilwoman Wilson Yes Councilwoman Julien Yes Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 4 of 126 Ordinance No. 2025-002-482 EXHIBIT A Land Development Code Amendments Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 1 of 2 ARTICLE I. - GENERAL PROVISIONS Sec. 34-13. Zoning districts established. The city is hereby divided into the following zoning districts that implement the various land use classifications of the adopted CDMP, and achieve the other purposes of this chapter: R-1 Single-Family Dwelling Residential District R-2 Two-Family Dwelling Residential District R-15 Multiple-Family Dwelling Residential District R-25 Multiple-Family Dwelling Residential District R-50 Multiple-Family Dwelling Residential District NC Neighborhood Commercial District PCD Planned Corridor Development District I-1 Light Industrial District I-2 Heavy Industrial District PD Planned Development District AU Agricultural and Utilities District OF Office District GP Government Properties District EO Entertainment Overlay District BTO Business Transitional Overlay PACE Performance Arts, Civic and Entertainment Overlay District INN Innovation Overlay District Sec. 34-14. Purpose and intent of zoning districts. (a) R-1 single-family dwelling residential district. Provides for use and occupancy of one-family detached dwelling units at low densities, essential services and facilities, and select public and institutional uses. Implements the lowest density range of the neighborhood CDMP land use category, allowing up to six du/ac. (b) R-2 two-family dwelling residential district. To provide for use and occupancy of one-family detached and two-family dwellings at low-medium densities, essential services and facilities, and select public and institutional uses. Implements the seven to 15 du/ac range of the neighborhood CDMP land use category. (c) R-15 multiple-family dwelling residential district. Provides for use and occupancy of one-family attached and detached, two-family and multiple-family dwellings at low-medium densities, essential services and facilities, and select public and institutional uses. Implements the seven to 15 du/ac range of the neighborhood CDMP land use category. (d) R-25 multiple-family dwelling residential district. Provides for use and occupancy of single-family attached and multifamily dwellings at medium densities, essential services and facilities, and select public and institutional uses. Also permits single-family detached and two-family dwellings. Implements the 16 to 25 du/ac range of the neighborhood CDMP land use category. (e) R-50 multiple-family dwelling residential district. Provides for use and occupancy of single-family attached and multifamily dwellings at medium-high densities, related essential services and facilities, and select public and institutional uses. Also permits single-family detached and two-family dwellings. Implements the 25 to 50 du/ac range of the neighborhood CDMP land use category. (f) NC neighborhood commercial district. Provides locations for a variety of commercial uses, select public and institutional uses, select recreation and entertainment uses, and places of assembly, that are located within, and compatible with, adjacent neighborhoods. Implements the neighborhood (suburban commercial and office) CDMP land use category. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 2 of 2 (g) PCD planned corridor development district. Implements the CDMP commerce land use category by allowing multiple-family residential dwellings, a wide range of commercial uses, select recreation and entertainment uses, mixed residential and commercial uses, select public and institutional uses, and places of assembly in the following urban contexts as identified in the CDMP: urban commercial and office; medium-density residential; medium-high density residential; urban center; urban core; and Golden Glades Area. See article XV of this chapter for detailed intent and purpose statements. (h) I-1 industrial district, light. Provides for a wide range of land uses including research, assembly, fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements the CDMP urban industrial component of the commerce land use category. (i) I-2 industrial district, heavy. Provides for a wide range of land uses including research, assembly, fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements the CDMP urban industrial component of the commerce land use category. (j) PD planned development district. Provides flexibility in the master planning, design and development of relatively large properties for residential, commercial, mixed residential commercial, public and institutional uses, and recreation and entertainment uses. May be used to implement the neighborhood and commerce CDMP land use categories. (k) AU agricultural and utilities district. Provides for agricultural, select public and institutional uses, select recreational uses, limited commercial and service uses, and light industrial uses. The AU district is compatible with, and allowed within, the neighborhood commerce land use categories of the CDMP. (l) OF office district. Provides for a wide range of office, related supporting business uses, and limited public and institutional uses. Implements the CDMP suburban office component of the neighborhood land use classification. (m) GP government properties district. Provides for public and institutional uses that are classified as "public and semi-public uses" in the CDMP or that are provided for the general use, benefit, or protection of the community. The CDMP authorizes such uses in all land use categories subject to the applicable plan policies. (n) EO entertainment overlay district. The area is intended to revitalize commercial centers in the city thereby generating revenue and providing ample and convenient shopping for residents. The EO district also encourages and supports large-scale development or entertainment driven uses including, but not limited to, hotels, theaters, cultural centers, indoor recreation facilities, alcoholic beverages uses, commercial activities, with the purpose of attracting customers and visitors from local, regional, national, and international areas. The EO district is depicted on the offical official zoning map and overlay areas designated planned corridor development (PCD). (o) BTO business transitional overlay district. The business transitional overlay district (BTO) is intended to encourage redevelopment of underutilized properties and consolidation of developable parcels, thereby achieving more efficient land use and improved site design, while providing a smooth transition between residential and commercial properties. (p) PACE performing arts, civic and entertainment overlay district. The performing arts, civic, and entertainment overlay district (PACE) is intended to facilitate development focused on cultural, vocational and institutional uses including performing and visual arts. (q) INN innovation overlay district. The area is intended to revitalize and promote improvement and enhancement of existing industrial areas by providing unique development opportunities including but not limited to, food halls, maker spaces, live/work lofts, micro-breweries and marketplaces. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 1 of 4 ARTICLE II. – ADMINISTRATION Sec. 34-50. Administrative variance and waivers. (a) Purpose and intent. The purpose of this section is to provide a procedure for property owners to obtain minor administrative variances or waivers of regulations pertaining to setbacks, height, lot coverage, building spacing requirements, sidewalk width, and sign regulations, provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying regulations. (b) Authorized administrative variances and waivers. Notwithstanding any other provisions of this chapter to the contrary, the administrative official shall have the authority to, by administrative decision, approve, approve with conditions, or deny applications for the following administrative variances and waivers: (1) A decrease or increase of any numerical requirements for not more than 25 percent. (2) A reduction in the setback of accessory structures for not more than 50 percent of that required by the underlying district. (3) An increase in the lot coverage of accessory structures for not more than 50 percent of that permitted by the underlying district. (4) A reduction in the spacing between principal and/or accessory structures on the same lot; provided, however, in no event shall such spacing be less than five feet. (5) An increase in fence, wall, hedge or building heights, and an increase in the FAR, lot coverage or both, of the principal structure, not to exceed 25 percent above that permitted by the underlying zoning district. (6) A reduction of the number of required off-street parking spaces of not more than, 10 percent 25 percent of that required for the specific use. (7) A waiver of dimensional standards for off-street parking spaces that are provided in excess of the number required in this chapter. (8) Allowing required parking spaces to be located off-site, as set forth in section 34-379. (9) Allowing the contribution of funds in lieu of constructing required sidewalks, sidewalk widths, as set forth in section 34-219. (10) Allowing the contribution of funds in lieu of compliance with landscape and buffering requirements, as set forth in section 34-444. (11) Waiver or variation of the sign code regulations as set forth in section 34-655. (12) Use of barb wire, electrical elements or other hazardous materials on fence or walls in all districts, except in the R districts, as set forth in section 34-446. (13) Variation or waiver of dumpster design standards, as set forth in section 34-312. (14) Variances or waivers in association with a vested rights determination agreement, as set forth in section 34-62. (15) Variances or waivers of street, alley, and lot design standards as set forth in section 34-219. (16) Variance or waiver of to allow a pump house or wire construction fence, masonry wall, or wood fence in right-of-way, or for continued occupation of same, as set forth in section 34-224. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 2 of 4 (17) Variances to extend hours of operation up to two additional hours for alcoholic beverage establishments, as set forth in subsection 6-349(d) of the Code of Ordinances, or for other establishments of which the city may have regulations governing hours of operations. (18) Variances or waivers for permits prior to right-of-way dedication as set forth in section 34-216. (19) a. Administrative variances for signage shall be limited to a maximum increase or decrease of 25 percent of the dimensional requirements. b. Petition for an administrative variance to signage shall be submitted on a form approved by the city and with the established fee. Submittal of the petition for administrative variance shall not be construed as a granting of approval of the variance. (20) Variances or waivers of density that do not exceed ten percent of the du/ac range permitted in the zoning district. (c) Exceptions. The following are exceptions where administrative variances or waivers shall not be authorized: (1) Variance or waiver of canopy carport regulations. (2) For landscape and buffering requirements, except for contribution of funds in lieu of compliance. (3) Allow the continuation of a nonconforming or illegal use or structure on the property. (4) Variation of setbacks for more than two sides of a building or structure. (5) Where an administrative variance or waiver, if granted, would further a previously approved variance or waiver. (6) Where an administrative variance or waiver would result in creating a nonconformity of regulations and/or create an additional noncompliance with this chapter. (d) Applications, and signed consent of neighboring property owners, mailed notices. (1) The applicant must file a request to the planning and zoning department in a form approved by the administrative official containing all the information necessary for the administrative official to make an administrative decision, which shall include, but is not limited to, identification of the specific provisions of this chapter from which a administrative variance or waiver is sought; the nature and extent of the variance or waiver; and the grounds relied upon to justify the approval of the variance or waiver. (2) Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official, which may include, but shall not be limited to, the one of the following: a. Signed consent of neighboring property owners. 1. The signed consent of all contiguous property owners, including those located across the street from the subject site, shall be submitted by the applicant on a form prescribed by the administrative official, and on the site plan submitted for consideration. 2. Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consents be required when a body of water completely separates the subject parcel from another parcel. 3. If the applicant for an administrative adjustment is unable to obtain either the signed consent or objection of a neighboring property owner, the signature of that owner shall not be required if the applicant demonstrates the section has been complied with. b. Mailed notices. The applicant shall provide written mailed notice of the request for administrative variance or waiver to the abutting property owners. Such notice shall be deemed sufficient if it accurately describes the adjustment requested, if it informs the abutting property Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 3 of 4 owners of the consequences of a failure to respond within a specified time, and if such notice is sent first class mail, return receipt requested, to the property owners of record, as reflected on the county property appraiser's tax roll, as updated; and the applicant for the administrative adjustment shall present proof acceptable to the administrative official one of the following two events has occurred: 1. After 30 days from receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond; or 2. The United States Postal Service has returned the notice as undeliverable. c. Exceptions. The administrative official may, where it is deemed that mail notice is not appropriate, may waive the requirements of signed consent of neighboring property owners, and mailed notices set forth in this section. (e) Inspection. Upon receipt of the application for an administrative adjustment, the administrative official, prior to making a decision, may inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative variance or waiver will have on the adjoining lots. (f) Criteria for granting an administrative variance or waiver. The administrative official shall review for the following standards when considering granting an administrative variance or waiver: (1) The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property; (2) The plan shall clearly illustrate water runoff solutions for the encroaching construction area; (3) The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holders is obtained and submitted prior to permit issuance; (4) The applicant provides written certification from a registered architect or engineer that the existing encroaching construction complies, or can be made to comply with, all applicable construction codes, including, but not limited to the Florida Building Code, and the applicable Fire Prevention Code; (5) Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance; (6) The proposed accessory building or structure is a normal and customary accessory residential use; (7) The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with this chapter and the Florida Building Code; (8) Notwithstanding the foregoing, no proposed administrative variance or waiver shall be approved where the administrative official determines that the proposed construction or addition: a. Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property; b. Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian-vehicular conflicts, or heightened risk of fire; c. Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations; or Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 4 of 4 d. Will not be inconsistent or in conflict with the express purpose and intent of the regulations being varied or waived. (g) Conditions and safeguards. In granting an administrative variance or waiver, the administrative official may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to: (1) Landscape materials, walls, and fences as required buffering. (2) Modification of the orientation or deletion of any openings. (3) Modification of site arrangements. (4) Modification of plans. (5) Declaration of restrictive covenants limiting the use of the property. (6) Limitations on time or duration of approval of said variance or waiver, or for compliance. (h) Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff report, the administrative official shall review the information and render a decision, approving, approving with conditions, or denying the administrative variance or waiver request. No approvals or modifications shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal of the administrative official's decision as provided in subsection (i) of this section has been filed with the department. If a timely appeal of the administrative adjustment is filed, no approvals or modifications shall be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial review. (i) Appeals of decision. The applicant, or any aggrieved property owner in the area, may appeal the decision of the administrative official to zoning appeals board in the manner provided for in section 34-46. In the event an appeal is made by an aggrieved property owner in the area, the administrative official may stop or suspend any construction authorized by the approval, until a decision has been made on the appeal. In the event the administrative official should determine that the suspension of the construction could cause imminent peril to life or property he or she may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. (j) Recording. The decision of the administrative official shall be recorded on the official zoning maps of the city. (Ord. No. 2010-10-218, § 2(2-110), 4-7-2010; Ord. No. 2011-03-245, § 4, 3-23-2011; Ord. No. 2014-02-314, § 2(Exh. A) , 1-8-2014; Ord. No. 2014-17-328, § 2, 10-8-2014) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Page 1 of 5 ARTICLE V. ALCOHOLIC BEVERAGES Sec. 34-144. Licensing compliance. (a) Prerequisite to issuance of license. Anything to the contrary notwithstanding, no alcoholic beverage license of any type may be used in a manner contrary to this chapter. The license as issued shall note thereon any special limitations or restrictions applicable due to the zoning on the property. (b) Prerequisite of sketch indicating location. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the spacing requirements as set forth in section 34-145. Applications for certificate of uses for those establishments not exempt from spacing requirements as set forth in section 34-145(d), shall for establishing the distance between alcoholic beverage uses, and between such uses and religious facilities or schools, shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing alcoholic beverage establishment within 1,500 feet, and any religious facility or school within 2,500 feet. Each sketch shall indicate all such distances and routes. In event of dispute, the measurement scaled by the city shall govern. (c) Banquet halls/hall for hire/dancehall. A banquet/hall for hire or dancehall may offer packages that include food, beverages, flowers, photography, entertainment, printed invitations, and other items related to a particular event, provided that each one of those services is offered by a person or corporation who has a valid city business tax receipt and who complies with all other requirements of city, county and state law. Whenever a banquet hall operator seeks to provide the additional services directly, it will be necessary that the banquet hall operator obtain the additional licenses necessary for those particular services. A banquet hall operator shall not seek to act as a host offering activities other than leasing or renting the space or providing party packages to those leasing the premises for those purposes. Banquet hall operators or persons renting or leasing banquet halls shall not be permitted to charge an admission price to patrons. (d) Bars/lounges. A bar/lounge may be licensed as an accessory or incidental use to a restaurant, or outdoor cafe. Bars/lounges may be licensed as a principal use subject to compliance with this chapter. Bars/lounges may be licensed as an accessory use to the indoor and outdoor premises of a racetrack or casino gaming facility. (e) Food stores/grocery stores/retail drug stores, gas stations. Food store/grocery stores/retail drug stores/gas stations shall be permitted to sell beer and wine providing compliance with the following: (1) The licensee holds a valid city certificate of use and business tax receipt from the city as a food store/grocery store/retail drug store, gas stations. (2) The licensee holds a valid state license for the sale of alcoholic beverages. (3) The establishment does not derive more than 15 percent of its revenue from the sale of beer and wine. The required percentage must be maintained on a daily basis. (4) The licensee shall not deflate the price of beer and wine or inflate the price of the served meal from what would be the regular price for the beer or wine sold by similar establishments in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart. (5) Records of all purchases and gross sales of food and nonalcoholic beverages must be maintained separately from records of all purchases and gross sales of beer and wine. Upon request of the city, the Miami Gardens, Florida, Code of Ordinances Created: 2023-03-03 12:53:41 [EST] (Supp. No. 14) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:41 [EST] (Supp. No. 14) Page 2 of 5 licensee shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. The burden is on the licensee to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable. (6) Sale of beer and wine shall only be permitted between the hours of 6:00 a.m. and 12:00 a.m., of the following day, or during such hours as their establishments legally remain open for the sale of other goods; whichever hours are more restrictive. Sale of beer and wine must be made from within the enclosed premises; sales through windows, a pass-through, or drive-through shall be prohibited. (f) Golf course clubhouses and refreshment stands located on said golf course. Provided a bona fide regular, standard golf course is maintained and consists of at least nine holes, with clubhouse, locker rooms and related attendant facilities. (g) Microbrewery. Microbrewery must provide written menus and serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved regularly and as required by all state departments for compliance with regulations. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods, and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this section. (h) Nightclubs, discotheques, clubs. Any licensee approved by the city to operate as a nightclub, discotheque, or club as herein defined shall apply for and obtain a special permit to operate. Such special permit shall be paid for on or before October 1 and shall expire the succeeding October 1; provided that any licensee beginning business after October 1 may obtain a special permit upon the payment of the annual fee of $500.00, and such permit shall expire on the succeeding October 1; provided further that any person beginning such business on or after April 1 of any year may procure a special permit expiring October 1 of the same year on the payment of one-half the fee herein required for the annual special permit. Such special permit shall be posted at a conspicuous place in the place where such nightclub operates. (i) Package stores. Licensee and vendors shall only sell, offer, or expose for sale alcoholic beverages in compliance with its city certificate of use, business tax receipt and state license, and such places of business shall be devoted exclusively to such sales; provided, however, that such vendors shall be permitted to sell bitters, grenadine, nonalcoholic mixer-type beverages fruit juices, home bar, and party supplies and equipment (including, but not limited to glassware and party-type foods), miniatures of no alcoholic content, and tobacco products. Such places of business shall have no openings permitting direct access to any other building or room, except to a cigar display room, or private office or storage room of the place of business from which patrons are excluded. (j) Private clubs. Shall conform to all the requirements of a private club as stated in the state beverage law and other applicable state laws, and shall not allow signs of any type that indicate alcoholic beverages are served to be exhibited or displayed or allow any other indications that can be seen by the general public from the exterior of the clubhouse, building or structure. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the applicant must submit necessary data to prove that it is eligible for the use and complies with the state beverage law or other applicable state laws; provided, anything to the contrary notwithstanding, these requirements must be complied with. (k) Compliance for restaurants, coffee shop/sandwich shop/cafeteria/outdoor café, food halls. A restaurant, cafeteria, coffee shop/sandwich shop, cafeteria, or outdoor café, food hall, as defined herein, may only serve alcoholic beverages upon compliance with the following conditions: (1) The sale of alcoholic beverages must be incidental to the sale and consumption of food. The establishment must derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. The required percentage must be maintained on a daily basis. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:41 [EST] (Supp. No. 14) Page 3 of 5 (2) The licensee shall not deflate the price of alcoholic beverages or inflate the price of the served meal from what would be the regular price for the alcoholic beverages, or meal served by a similar establishment in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart. (3) Records of all purchases and gross sales of food and nonalcoholic beverages must be maintained separately from records of all purchases and gross sales of beer and wine. Upon request of the city, the licensee shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. The burden is on the licensee to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable. (4) The licensee must serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved regularly and as required by all state departments for compliance with regulations. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this section. (5) The licensee must provide written menus readily available to patrons. A majority of the food listed in the menu shall be available for consumption while the business is open. (l) Sport facilities, tennis clubs, racquetball clubs, and fitness clubs. There shall be no signs of any type exhibited or displayed or other indications that can be seen by the general public from the exterior of the clubhouse, building or structure that alcoholic beverages are served. (Ord. No. 2010-10-218, § 2(5-20), 4-7-2010; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2020-009-428, § 2, 10-28-2020 ) Sec. 34-145. Location of premises. (a) Distance from other establishments. Unless approved as a variance or waiver, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, un-abandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. (b) Distance from religious facility or school. Unless approved as a variance or waiver, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school. The 2,500- foot distance requirement shall be measured and computed as follows: From a religious facility or school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the religious facility grounds or school grounds. (c) Distance from public parks and recreational areas and residential zoned property. Unless approved as a variance or waiver, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use that is located less than 500 feet from a public park or residentially zoned property. The 500-foot distance requirement shall be measured and computed as follows: From a public park or residentially zoned property, the distance shall be measured by Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:41 [EST] (Supp. No. 14) Page 4 of 5 following a straight line from the front door of the proposed place of business to the nearest point of the parks or residentially zoned property. (d) Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) through (c) of this section shall not apply to the following: (1) Restaurants, bar/lounges accessory to restaurants or food halls. (2) Caterers. (3) Food stores/grocery stores/retail drug stores/vehicle fueling stations with or without convenience store. With sale of beer and wine only as a grocery item for consumption off the premises. (4) Golf course clubhouses and refreshment stands located on said golf course. (5) Hotels and motels, which contain 100 or more guest rooms. (6) Private clubs. (7) Sport facilities, tennis clubs, racquetball clubs, and fitness clubs. Not-for-profit theatres with live performances. (8) Bars/lounges/nightclubs/discotheques/clubs approved as accessory to a racetrack or casino gaming facility. (9) Wholesaler, distributors, manufacturers of alcoholic products. (10) Microbrewery. (11) Convenience Store (Ord. No. 2010-10-218, § 2(5-30), 4-7-2010; Ord. No. 2016-14-360, § 2 (Exh. A), 9-28-2016) Sec. 34-146. Hours and days of sale and consumption. Hours and days of sale and consumption of alcohol shall be administered in accordance with chapter 6, article X of the Code of Ordinances. (Ord. No. 2010-10-218, § 2(5-40), 4-7-2010; Ord. No. 2011-03-245, § 3, 3-23-2011) Sec. 34-147. Generalized table of sale of alcoholic beverage regulations. Type of Establishment Spacing From Other Uses (Feet) Spacing From Church (Feet) Spacing From Schools (Feet) Spacing From Parks and Residential (Feet) Zoning Approval Required (if less than required) Banquet hall or dancehall for hire 1,500 2,500 2,500 500 Variance or waiver Bar, lounge 1,500 2,500 2,500 500 Variance or waiver Accessory bar/lounge to restaurant or food hall N/A N/A N/A N/A Certificate of use Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:41 [EST] (Supp. No. 14) Page 5 of 5 Bar/lounge/nightclub/discotheque/club accessory to racetrack or casino gaming facility N/A N/A N/A N/A Certificate of use Caterer N/A N/A N/A N/A Certificate of use Coffee shop/ sandwich shop Cafeteria Outdoor Café N/A N/A N/A N/A Certificate of use Convenience Store 1,500 2,500 2,500 500 Variance or waiver Food stores/ grocery stores/retail drug stores/vehicle fueling stations with or without convenience store N/A N/A N/A N/A Certificate of use Nightclub, Discotheque, Club 1,500 2,500 2,500 500 Variance or waiver Not-for-profit theatres with live performance N/A N/A N/A N/A Certificate of use Package store 1,500 2,500 2,500 500 Variance or waiver Restaurant/food hall N/A N/A N/A N/A Certificate of use Sport facilities, tennis clubs, racquetball clubs, fitness clubs, golf course clubhouses and refreshment stands N/A N/A N/A N/A Certificate of use Microbrewery N/A N/A N/A N/A Certificate of use (Ord. No. 2010-10-218, § 2(5-50), 4-7-2010; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016) Secs. 34-148—34-177. Reserved. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:02 [EST] (Supp. No. 15) Page 1 of 1 ARTICLE VI. – HOUSING Secs. 34-186—34-208. Reserved. Secs. 34-186. Incentives for providing workforce housing. Bonuses for workforce housing dwelling units may be awarded for developments with at least 25 percent workforce housing units. Workforce housing units refer to rental units, single-family or multifamily homes for individuals or families whose incomes are within 60 to 140 percent of the county's area median income as adjusted for family size. In order to qualify for a bonus, the developer shall record a declaration of restrictive covenants in favor of the city that guarantees that the specified number of dwelling units will be reserved as workforce housing units for the duration of the covenant as provided by law. Sec. 34-187. Available incentive bonuses. (a) Increased impervious area Incentive bonus. 1. A development may exceed the maximum impervious area allowance of Article XI by 15 % maximum. 2. This incentive is awarded based on percentage of net lot area. For example, a ten percent bonus increase in allowable impervious area is an additional ten percent of the net lot area that can be covered with an impervious surface. 3. Impervious area bonuses do not waive or vary the landscape buffers required in section 34-589. (b) Increased building height incentive bonus. This bonus allows to add one extra story to the building beyond the height limit permitted in Article XI of this chapter. (c) Reduce average dwelling unit floor area incentive bonus. Article XI of this chapter establishes a minimum average dwelling unit size for multiple-family developments. This requirement may be reduced by up to 50 square feet with this incentive bonus. (d) Expedited permits bonus. The city may offer expedited permitting for building plans review, site plan review and other reviews to expedite development or meet the applicant’s time constraints. Secs. 34-188—34-208. Reserved. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 1 of 5 ARTICLE IX. - GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES Sec. 34-287. Use regulations, generally. (a) Permitted uses. Permitted uses are considered to be fundamentally appropriate within the district in which they are located, and are deemed to be consistent with the comprehensive plan. These uses are permitted as of right, subject to any use-related standards and requirements that may be applicable in section 34-288, and the site plan and permit requirements and procedures described in this section. (b) Special exception uses. A use listed as a special exception in a zoning district is deemed to be generally unsuitable for location in such district, but may be permitted on a case-by-case basis if, after review and possible attachment of conditions pursuant to the procedures and criteria of section 34-48, the city determines that the use will be appropriate in the given zoning district. A special exception use is also subject to extra requirements in section 34-288 when indicated in the use regulations schedule. (c) Accessory uses. Principal uses listed in the use regulations schedule are deemed to include accessory uses listed in article X of this chapter, where such accessory uses are customarily associated with, and are incidental and subordinate to, such principal uses. An accessory use shall be subject to the same regulations that apply to the principal use in each district, except as otherwise provided. (d) Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the administrative official or regulated otherwise, by separate ordinance, shall not be subject to the standards and requirements as set forth in this chapter, except that the administrative official may impose conditions, which may include, but not limited to, limiting the period of approval for such uses, imposing hours of operations, operation standards to minimize impacts on surrounding properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of the community. (e) Prohibited uses. Any use not specifically listed as a permitted or special exception use, or as an accessory use to a permitted or special exception use, or any use for which the administrative official cannot categorize as similar to a permitted use, special exception use, or accessory use related to a permitted or special exception use, shall be considered expressly prohibited. (f) Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all special exception uses require final site plan review and approval. (g) Permits required. Except as explicitly provided herein, no use designated as a permitted or special exception use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits which may include final plat approval, final site plan approval, a building permit, certificate of use, and a certificate of occupancy; all pursuant to the requirements of this chapter. (h) Uses within an enclosed building. All uses and related activities shall be within an enclosed building, except as may otherwise be permitted in this chapter, or as would be allowed as a customary, incidental, or common practice activity to the use. (i) Permitted use table. The following permitted use table, supplemented by the master use list and use definitions set forth in section 34-733, shall be used to determine the zoning district in which a given use may be established. In the event of conflict between the use table in this section and section 34-733, the administrative official shall render an interpretation as to which prevails. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 2 of 5 LEGEND "P" means the use is permitted in the corresponding zoning district. "SE" means the use is subject to special exception procedures as outlined in section 34-48 including additional application fees and approval by the city council at a noticed public hearing. □ means the use is prohibited in the corresponding zoning district. *(#) means additional requirements and criteria must be met in order for the use to be permitted per the criteria in section 34-288 and section 34-733. See additional requirements and criteria for specific uses set forth in section 34-288 and master use list, appendix A in section 34-733. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Table 1: Permitted Uses Zoning Districts/Uses R-1 R-2 R-15 NC BTO PCD EO PACE INN OF I-1 I-2 PD AU GP R-25 R-50 Residential Type Uses Adult day care center *(1) □ □ □ P □ P □ □ □ P □ □ P □ □ Adult Family Care Home, up to 5 residents*(3) P P P □ □ □ □ □ □ □ □ □ P □ □ Assisted Living Facility (ALF), up to 6 residents* (8) P P P □ □ □ □ □ □ □ □ □ P □ □ Assisted Living Facility (ALF), greater than 6 residents*(9) SE SE SE SE □ SE □ □ □ SE □ □ SE □ □ Community residential home, up to 6 residents*(17) P P P □ □ □ □ □ □ □ □ □ P □ □ Community residential home, greater than 6 residents *(18)(18.5) SE SE SE SE □ SE □ □ □ SE □ □ SE □ □ Family day care home, 5 children or less *(22) P P P P P P □ □ □ □ □ □ □ □ □ Farm worker housing □ □ □ □ □ □ □ □ □ □ □ □ □ SE □ Halfway house □ □ □ SE □ SE □ □ □ SE □ □ □ □ □ Hotels, Motels, Lodging*(49) □ □ □ □ □ P P P P □ P P P □ □ Work/Live loft (41) P Mobile home*(31) □ □ □ □ □ □ □ □ □ □ □ □ P □ □ Nursing Home □ □ □ P □ P □ □ □ P □ □ P □ □ Residential—Mixed-use residential*(41) □ □ □ □ □ P P P □ □ □ □ P □ □ Residential—Multifamily residential*(41) □ □ P □ □ P P P □ □ □ □ P □ □ Residential—Single-family- detached residential*(41) P □ P □ P □ □ □ □ □ □ □ P □ □ Residential—Townhouse*(41) □ □ P □ □ □ SE SE □ □ □ □ P □ □ Residential—Two-family duplex *(41) □ P □ □ □ □ □ □ □ □ □ □ □ □ □ Shelter □ □ □ □ □ SE □ □ □ □ □ □ □ □ □ Public and Institutional Type Uses Airport, airfield, heliport, related uses—Public, private*(4) □ □ □ □ □ □ □ □ □ □ □ □ P □ P Community centers □ □ □ P P P P P □ □ □ □ P □ P Cultural and civic facilities—Libraries, museums □ □ □ P P P P P □ □ □ □ P □ P Detention facility □ □ □ □ □ □ □ □ □ □ □ □ □ P Educational and child care facilities—Non-public *(20) □ □ □ □ □ P □ □ P □ P P P □ P Educational facilities—College or university—Private; main campus*(21) □ □ □ □ □ SE □ □ SE SE SE SE P □ P Educational facilities—Public, including charter school P P P P P P □ □ P P P P P P P Educational facilities—Technical, vocational, specialty—Non- public □ □ □ P □ P □ □ P P P P P □ P Government facilities, including administrative, support and service □ □ □ □ □ □ P P □ □ □ □ P □ P Hospital—Private, public *(27) □ □ □ □ □ SE □ □ □ □ □ □ P □ P Hospital—Psychiatric *(28) □ □ □ □ □ SE □ □ □ □ □ □ SE □ SE Public parks and recreational facilities P P P P P P P P P P P P P P P Public safety facility P P P P P P P P P P P P P P P Sewage lift or pumping station*(39) P P P P P P P P P P P P P P P Solid waste transfer station □ □ □ □ □ □ □ □ P □ P P □ P Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Transit station □ □ □ □ □ □ □ □ □ □ □ □ □ □ P Utilities and related facilities □ □ □ □ □ □ □ □ □ □ □ □ □ □ P Water plant, waste water plant □ □ □ □ □ □ □ □ □ □ □ □ □ □ P Vehicle Related Commercial Type Uses Car wash—Enclosed*(11) □ □ □ P □ P □ □ P □ P P □ □ □ Car wash—Outside, hand wash*(12) □ □ □ □ □ □ □ □ P □ P P □ □ □ Car wash—Mobile*(13) □ □ □ □ □ □ □ □ P □ P P □ □ □ Parking garage, lot—Commercial* (32) □ □ □ □ □ P P P P P P P P □ P Car Rental—Automobile only *(47) □ □ □ □ □ P □ □ P □ P P □ □ □ Rental—Truck and other vehicles □ □ □ □ □ P □ □ P □ P P □ □ □ Bus charter service, Passenger bus terminal □ □ □ □ □ SE □ □ SE □ SE SE SE □ P Vehicle fueling stations and sales □ □ □ SE □ SE □ □ SE □ SE SE □ □ □ Vehicle major repair—Mechanical, body vehicle towing service □ □ □ □ □ □ □ □ P □ P P □ □ □ Vehicle minor repair—Maintenance, service □ □ □ □ □ P □ □ P □ P P □ □ □ Vehicle—Parts sales and installation □ □ □ □ □ P □ □ P □ P P □ □ □ Vehicle—Parts sales, retail □ □ □ □ □ P □ □ P □ P P □ □ □ Vehicle sales—Retail, new automobiles*(45) □ □ □ □ □ P □ □ P □ P P □ □ □ Vehicle sales—Retail, used automobiles*(45) □ □ □ □ □ SE □ □ SE □ SE SE □ □ □ Vehicle sales—Wholesale dealer, online independent dealer *(46) P □ P □ □ P P P P □ □ □ Recreation, Entertainment Type Uses Amusement parks, stadiums, arenas*(5) □ □ □ □ □ □ P P □ □ □ □ P □ □ Arcade, video games, electronic gaming □ □ □ P □ P P P P □ P P □ □ □ Casino gaming facility □ □ □ □ □ □ P P □ □ □ □ □ Miniature golf, driving range □ □ □ P □ P P P P □ P P P □ □ Sport shooting range (indoor) *(26) □ □ □ □ □ SE □ □ SE □ SE SE □ □ □ Race track—Horse □ □ □ □ □ □ P P □ □ □ □ □ □ Sports fields, batting cages, basketball courts, racket ball courts, sporting activities, bowling alleys—Indoor □ □ □ P □ P P P P □ P P P □ P Sports fields, batting cages, basketball courts, racket ball courts, sporting activities—Outdoor □ □ □ SE □ SE P P P □ P P P SE P Restaurant, Food And Beverage Service Type Uses Adult entertainment establishment*(2) □ □ □ □ □ □ □ □ □ □ P P □ □ □ Bar/lounge, wine tasting room *(10) □ □ □ □ □ P P P □ □ □ □ □ □ □ Box lunches, distribution*(14) □ P P P Catering service*(15) □ □ □ P □ P P P P P P P □ □ □ Nightclub, discotheque, club, cabarets □ □ □ □ □ SE P P □ □ SE SE □ □ □ Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, outdoor café, food hall*(37) □ □ □ P P P P P P P P P P P □ Microbrewery*(36) □ □ □ □ □ SE P P P □ P P □ □ □ Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Places of Assembly Type Uses *(33) Auction house—Indoor*(33) □ □ □ □ □ □ □ □ P □ P P □ □ □ Banquet hall*(33) □ □ □ SE P SE SE SE SE □ SE SE □ □ □ Funeral homes*(33) □ □ □ □ □ P □ □ P □ P P □ □ □ Place of religious assembly*(33) □ □ □ P P P P P P □ P P □ □ □ Private clubs, not public*(33) □ □ □ P □ P P P P □ P P □ □ □ Theater (movie, performing arts) *(33) □ □ □ P □ P P P P □ P P □ □ □ Commercial Type Uses Convenience store* (48 18) □ □ □ P □ P □ □ P □ P P □ □ Donated goods center—New/used*(23) □ □ □ P □ P □ □ P □ P P □ □ □ Drug, pharmacy store *(19) □ □ □ □ □ P □ □ P □ P P □ □ □ Flea market *(24) □ □ □ □ □ □ □ □ SE □ SE SE □ □ □ Food specialty store □ □ □ P □ P P P P □ P P P □ □ Grocery store □ □ □ P □ P P P P □ P P P □ □ Liquor package store □ □ □ □ □ P □ □ P □ P P □ □ □ Pawn shop □ □ □ □ □ □ □ □ SE □ SE SE □ □ □ Greenhouse, plant nursery, retail or wholesale □ □ □ SE P SE □ □ P □ P P □ P □ Retail—Big box, club membership, department □ □ □ □ □ SE □ □ P □ P P □ □ □ Retail—General, single use □ □ □ P □ P P P P P P P P □ □ Retail sales discount—Less than 12,000 square feet that offer for sale a combination and variety of convenience shopping goods and consumer shopping goods; shopping goods/except for alcoholic beverages and continuously offer a majority of the items in their inventory for sale at a price less than $10.00 per item □ □ □ SE □ SE □ □ SE □ SE SE □ □ □ Retail—Home improvement, building materials* (35) □ □ □ □ □ P □ □ P □ P P □ □ □ Secondhand merchandise store/consignment store □ □ □ □ □ SE □ □ P □ P P □ □ □ Smoke shop/vape shop □ □ □ □ □ SE □ □ SE □ SE SE □ □ □ Office Type Uses Call center □ □ □ P □ P P P P P P P □ □ □ Office—Business, sales, professional, semi-professional services □ □ □ P P P P P P P P P P □ □ Office—Medical office/medical clinic □ □ □ P P P P P P P P P P □ □ Service Type Uses Animal grooming and pet sitting—indoor □ □ □ P P P □ □ P P P P □ P □ Animal hospital/veterinarian clinic *(6) □ □ □ P □ P SE SE P P P P □ P □ Animal kennel—Commercial boarding Dog training facility* (7) □ □ □ □ □ SE □ □ SE □ SE SE □ P □ Animal shelters □ □ □ □ □ SE □ □ P □ P P □ P □ Blood banks, diagnostic medical treatment centers □ □ □ P □ P □ □ P P P P □ □ □ Check cashing, bill payments □ □ □ P □ P □ □ P P P P □ □ □ Copy, printing center □ □ □ P P P P P P P P P P □ □ Cosmetic surgery, beauty clinics □ □ □ P P P P P P P P P P □ □ Customer service center □ □ □ P □ P P P P P P P □ □ □ Dry cleaning □ □ □ P □ P P P P □ P P □ □ □ Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Equipment and tool rental □ □ □ □ □ P □ □ P □ P P □ □ □ Financial institution - banks, credit unions, investment brokerage establishments, ATM*(25) □ □ □ P □ P P P P P P P P □ □ Health club, fitness club □ □ □ P □ P P P P □ P P P □ □ Laundromat, self-service □ □ □ P □ P □ □ P □ P P □ □ □ Package shipping, mail service □ □ □ P P P P P P P P P P □ P Personal care services □ □ □ P P P P P P P P P P □ □ Repair and service shop—General merchandise □ □ □ P □ P □ □ P □ P P □ □ □ Self-service storage facility *(38) □ □ □ □ □ SE □ □ P □ P P □ □ □ Studios—Photographic, and instructional □ □ □ P □ P P P P P P P P □ □ Tattoo parlor, body piercing □ □ □ □ □ P □ □ P □ P P □ □ □ Other Uses Cemetery, mausoleums, crematory*(16) □ □ □ □ □ □ □ □ SE □ SE SE □ SE □ Small wireless facility*(44) P P P P P P P P P P P P P P P Wireless antennas and support services*(43) SE SE SE SE □ SE SE SE P SE P P SE SE P Industrial Type Uses Warehouse, Distribution center, Light production, light assembly*(48) □ □ □ □ □ □ SE SE P □ P P □ □ □ Dry cleaning—Commercial laundry plant □ □ □ □ □ □ □ □ P □ P P □ □ □ Industrial uses—Heavy*(29) □ □ □ □ □ □ □ □ □ □ □ P □ □ □ Industrial uses—Light, *(30) □ □ □ □ □ □ □ □ P □ P P □ □ □ Laboratory—Medical, research, testing □ □ □ □ □ □ SE SE P □ P P □ □ □ Maker Space (43) P P P P Radio and TV studio, music production, movie studio □ □ □ SE □ SE SE SE P □ P P □ P P Recycling facility, Refuse disposal □ □ □ □ □ □ □ □ P □ P P □ □ P Salvage yard, junkyard*(40) □ □ □ □ □ □ □ □ P □ P P □ □ □ Showrooms, retail sales □ □ □ P □ P P P P □ P P □ □ Showrooms, wholesale sales □ □ □ □ □ □ □ □ P □ P P □ □ Wholesale fireworks and wholesale or retail sparklers in accordance with F.S. § 791.04 and F.S. § 791.015 □ □ □ □ □ □ □ □ P □ P P □ □ □ Agricultural Type Uses Farms—Produce, livestock □ □ □ □ □ □ □ □ P □ □ □ □ P □ Farmer's market*(34) P P P P P P P P P P P P P P P Seed drying facility □ □ □ □ □ □ □ □ □ □ □ □ □ P □ Urban agricultural gardens*(42) SE SE SE SE SE SE SE SE □ SE □ □ P P P Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 3 of 5 Sec. 34-288. - Uses permitted with extra requirements. (1) Adult day care center. a. Applications to establish adult day care centers shall comply with the requirements of Chapter 408, Part II, Florida Statutes and Chapter 429, Part III, Florida Statutes; and shall include a written statement that the proposed adult day care center will comply with all applicable county and state regulations. b. Minimum site area must conform to the requirements for the district within which the facility is to be located. c. Minimum lot width: 100 feet. d. Minimum distances: All principal and accessory structures shall be 30 feet from any residential zoning district or residential use. e. At least 100 50 square feet of available outdoor recreation activity area shall be provided for each adult. Activity Recreation areas may be provided within an enclosed air-conditioned area or outdoors or a combination of both. Outdoor recreation areas shall not be located within the front setbacks. Outdoor activity recreation areas shall be screened with a solid wall or fence not less than six feet in height meeting the approval of the administrative official or designee. Landscaping shall be required pursuant to article XIV of this chapter. (41) Residential, single-family, detached; residential, two-family, duplex; residential, townhouse; multifamily, mixed use. a. All development shall be on platted lots in accordance to article VII of this chapter. b. Individual duplex and townhouse units shall be developed on individually platted lots. c. Townhouse developments shall have a minimum building grouping of three units up to a maximum of six units per grouping. d. Unless otherwise permitted, only use as a one-family residence shall be permitted. e. Prima facie evidence of illegal multiple use or illegal subdivision of a residence. It shall be presumed that a multifamily use has been established when one or more of the following conditions are observed: 1. There are two or more electrical, water gas or other types of utility meters, or mailboxes on the premises. 2. There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached structure on the premises. 3. There is more than one cooking area in the primary structure. 4. All living areas within the dwelling are not logically interconnected. 5. Rooms with separate outside entrance that can be logically partitioned to be exclusive of all other living areas of the residence. 6. Multiple paved numbered parking spaces. 7. An unauthorized detached building with air conditioning, or interior cooking areas or utility meters. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 4 of 5 8. There is more than one different house address unit number posted on the premises. 9. An advertisement indicating the availability of more than one living unit on the premises. 10. An unpermitted exterior door. 11. A second kitchen or facilities for cooking provided not exclusively for servant use or religious purposes. f. The presumption may be rebutted by the property owner with the submission of a valid building permit of record and with a current floor plan prepared by an engineer or architect, surveying the residence and accessory structures and showing all rooms are interconnected as a single-family dwelling accompanied by a notarized affidavit from the property owner attesting that the residence or accessory structure is being maintained for single-family occupancy and/or substantiated by an interior inspection of the dwelling by a compliance officer. If the compliance officer is able to enter the interior of the property and verify its use as a single-family dwelling, and property is constructed in accordance with building permit of record, the property owner is exempt from the submission of a current plan. g. If it is found that adequate evidence of an illegal multiple use or illegal subdivision of a unit has occurred it shall be considered a violation of this chapter. h. Nothing contained in this section shall prevent the enforcement actions authorized by this Code independent of this subsection. i. Work/live loft shall be permitted subject to the following: 1. The residential living area shall be incidental and subordinate to the business or workspace area 2. The residential living area shall not occupy more than 10% of the workspace or business area and shall not be larger than 600 square feet, whichever is less. 3. Residential unit shall be accessed from inside the business. No separate outside entrance shall be permitted. 4. Where there are multiple businesses within a single building or structure, only one (1) residential living area shall be permitted per business. 5. The residential living space shall be contained within the same structure as the workspace and must be occupied by the business operator. No portion of the unit may be rented or sold separately. 6. Parking must be provided in accordance with Article XII of this chapter. (37) Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, food hall. Subject to standards for sale of alcoholic beverages as set forth in article V and section 34-598 of this chapter. Food halls shall comply with the following extra requirements: 1. Food halls premises shall be comprised of three or more restaurants, which primary business is the sale of food prepared on the premises for consumption on or off the premises, where sale of liquor and/or beer and wine is entirely incidental to the principal use of selling food in accordance with Article V. 2. Parking must be provided in accordance with Article XII of this chapter. Parking may be reduced by 10% for adaptive reuse of any building within the Innovation Overlay District only. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 5 of 5 (43) Maker space. Uses permitted under this category are subject to the following standards: a. All permitted activities, other than parking, loading and storage, shall be conducted within a completely enclosed building. b. Maker space may include education in the form of training sessions /showcase work. (49) Hotels within the Entertainment Overlay (EO). Shall meet the following minimum standards: a. Minimum of 250 rooms. b. Minimum of 300 square feet per guest room, including bath. c. Minimum of 10,000 total square feet of private indoor meeting space to include breakout rooms, conference rooms, training rooms, banquet rooms, convention hall, that accommodate technology such as interactive whiteboards, wireless presentation solutions, and video conferencing platforms which may be arranged in various layouts such as banquet style, U-shape style, classroom style, theater/auditorium style, boardroom style, crescent style, and huddles. This indoor meeting space is defined as areas such as a banquet hall, convention hall, or any other hall available for hire. Outdoor meeting space or event space shall not count towards the minimum private indoor meeting space. d. Minimum of 2,000 square feet of usable private-semiprivate outdoor event space including, but not limited to, patio, atrium, sundeck, or rooftop area. e. Indoor and outdoor spaces are considered separate categories and cannot be counted towards each other’s requirements. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 1 of 5 Sec. 34-311. Accessory use table. The following accessory use table shall be used to determine the required zoning district of which a use may be established. Unless otherwise stated, setback and spacing regulations shall be in compliance with section 34- 342, table 1. Additional standards shall be complied with for the establishment of the accessory use. The following accessory use table shall be used to determine the required zoning district of which a use may be established. Unless otherwise stated, setback and spacing regulations shall be in compliance with section 34- 342, table 1. Additional standards shall be complied with for the establishment of the accessory use. LEGEND P means the use is permitted in the corresponding zoning district. means the use is prohibited in the corresponding zoning district. *(#) means additional requirements and criteria must be met in order for the use to be permitted per the criteria in Section 34-312. Accessory Use Generalized Table by Zoning District Zoning District/ Accessory Use and Structures R-1 R- 2 R-15, R-25, R-50 NC PCD OF BTO I- 1 I- 2 INN PD AU GP PACE EO Awnings, canopies, roof overhangs, balconies, architectural structures*20, 22 P P P P P P P P P P P P P P P Carports*21, 22 P P Commercial recyclable material storage area*10 P P P P P P P P P P P Construction trailer— Temporary trailer used as sales office*17 P P P P P P P P P P P P P P Ice and propane storage*24 P P P P P P P P P Home-based business*25 P P P P P P P P P P Donation bins*15 P P P P P P P P Dormitories, fraternity or sorority house*26 P P Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 2 of 5 Drive-thru facilities*23 P Dumpster enclosures*9 P P P P P P P P P P P P P P P Gatehouses, guardhouses*19 P P P P P P P P P P P Generators— Permanent*5 P P P P P P P P P P P P P P Maintenance building commercial, industrial*8 P P P P P P P P Mobile medical, professional unit*18 P P P P P P P P P P P Multifamily recyclable material storage areas*11 P P P P P P News kiosk*14 P P P P P P P P P P Outdoor dining*6 P P P P P P P P P P Outdoor grilling, commercial*7 P P P P P P P P P P Outdoor storage, open air storage, including vehicles and shipping containers *12 P P P P P Portable storage units*4 P P P P Screen enclosures, covered patios Pool screened enclosures, covered patio, lanai, gazebo, pergola*3 P P P P P P P Swimming pools, spas*2 P P P P P P P P P P Utility sheds, storage shed*1 P P P P P P Vending machines, video P P P P P P P P P P P Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 3 of 5 arcade games*13 Watchman, manager or caretaker quarters— Permanent, temporary *16 P P P P P P P P P P Note: See additional standards and requirements and criteria for specific accessory uses set forth in section 34- 312 and the master use list in appendix A of section 34-733. Sec. 34-312. Additional uses and building standards. (3) Screen enclosures, covered patios. a. Screen enclosures, enclosing swimming pools or other approved uses, where attached to the principal building, shall be permitted no closer to the front property line than the principal building; and if so attached, such enclosures shall not be considered as a part of such residence or building, but shall be considered as an accessory building for purposes of lot coverage only. b. Attached screen enclosures with solid roof and covered patios shall maintain the required accessory structure setbacks of the underlying district, provided that the structure is not at the same finish floor elevation of the principal residence and used as an accessory use to the residence and not an integral part of the residence, otherwise setbacks for the principal residence for the underlying zoning district shall be complied with. c. Screen enclosures with screen roofs shall not be included in the building coverage calculation. d. Maximum allowable size. Screen enclosures and covered patios shall be permitted to cover a maximum of 30 percent of the total lot area. Screen enclosures for townhouses may cover 100 percent of the total lot area provided minimum separations and setbacks are met. (3) Pool screened enclosures, roof covered patios, lanais, pergolas, gazebos, patio slabs/pavers. (a) Pool screened enclosures, roof covered Patios, lanais, pergolas, gazebos, patio slabs/pavers. 1. Pool screened enclosures with screen roof. Pool screened enclosures with screen roof whether detached or attached to the principal building, must maintain screen enclosure setbacks pursuant to Sec. 34-342. Pool screened enclosures with screen roofs shall not be included in the building coverage calculation. 2. Roof covered patios, lanais, pergolas and gazebos. a. Attached roof covered patios, lanais and pergolas shall maintain the required setbacks for the principal residence building. b. Gazebos and freestanding pergolas shall maintain accessory building setbacks pursuant to Sec. 34-342. c. Patio slabs or brick pavers without a roof that are connected to the principal residence shall maintain patio slabs setbacks pursuant to Sec. 34-342. Patio slabs or brick pavers without a roof which are not connected to the principal residence building are subject to accessory building setbacks outlined in Sec. 34-342. d. Maximum allowable size for single family residences and townhomes: Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 4 of 5 1. Roof covered patios, lanais and pergolas are permitted to cover a maximum of 30 percent of the rear yard or 400 square feet, whichever is smaller. 2. Freestanding pergolas and gazebos are limited to 200 square feet per property. 3. Patio slabs and brick pavers whether connected to the principal residence or not, are limited to 200 square feet for single family residences. Patio slabs and brick pavers may cover 100% of the rear yard for new townhouse developments with a site plan approval date of 2025 or thereafter. (20) Awnings. The following minimum standards shall apply: a. Awnings may be used to enhance or complement the architecture of a building and used to reflect window and door openings beneath them. Long expanses of awnings are discouraged. b. When awnings are used for business identification, the percentage of text and graphics shall count toward the maximum wall sign area. Text and graphics shall be allowed up to ⅔ of the face of the awning up to a maximum of 20 percent of the total exterior face and balance (vertical hanging flap) of the awning. Backlit awnings are not permitted. c. There should be a minimum eight feet clearance above the ground which the awning projects. d. Awnings shall be maintained and kept in good order and repair. Awnings which are found to be in disrepair shall be subject to removal or replacement. (12) Outdoor storage, open air storage, including vehicles. Outdoor storage in all commercial, industrial and nonresidential uses shall be subject to the following standards, unless the use is specifically regulated in the applicable district or extra requirements of this section or section 34-288. The use shall require a separate 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. a. Outdoor storage shall be permitted only when incidental, accessory, and customary to the use located on the premises subject to the following: 1. The storage area shall not be located in any of the required setbacks or yards. 2. The stored materials shall be within an area surrounded by a wall or solid fence, and shall not protrude above the height of the enclosing wall or fence meeting the approval of the administrative official. b. Outdoor storage of material used for construction is permitted when: 1. The storage of construction materials and equipment is for use on property with an active building permit. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:43 [EST] (Supp. No. 14) Page 5 of 5 2. The material is stored for no longer than 90 days unless approved by the administrative official for a period not to exceed an additional 90 days; c. Outdoor storage of vehicles shall be permitted only when incidental, accessory, and customary to the use located on the premises subject to the following: 1. The vehicles shall be parked on asphalt and require paving and drainage approval from the engineering or public works department. Parking on gravel, grass or any other unimproved surface shall be prohibited. 2. Required screening. The stored vehicles shall be within an area surrounded by a wall or solid fence. Structural screening shall be supplemented by a row of evergreen shrubs, planted no more than 36 inches apart which will grow to form a continuous hedge of at least three feet within a year of planting. When adjacent to a residential district or visible from a public right-of-way, additional landscaping may be required. Businesses with an active dealership license shall be exempt from this requirement. d. Contractor's storage yard. A contractor's storage yard means storage and accessory office performed by building trade and service contractors on lots other than construction sites. A contractor's storage yard use shall comply with the following supplementary use standards: 1. Office permitted. An accessory office shall be permitted. 2. Screening. For a storage yard contiguous to property in a residential district, and opaque fence/wall a minimum eight feet in height shall be placed along the inside border or the required landscape strip. The purpose of the fence/wall inside the landscaped strip is to protect the landscape strip from the intensive activity of the storage yard and to supplement the landscape strip as a buffer. 3. Activities. No major repairs of vehicles or equipment, and no manufacturing or processing shall occur on the site. e. Shipping containers storage. Shipping container storage is defined as a large standardized metal shipping container intended for cargo storage that is situated on a specific property. Containers shall not be used to store hazardous materials. Shipping containers are subject to the following: 1. Shipping containers may only be utilized for storage purposes that are ancillary to an existing business and must be removed once the contents of the container are cleared. 2. Shipping containers shall not be stacked. 3. Shipping containers are strictly prohibited within required parking and landscaping areas, including grass. Containers shall not disrupt or obstruct traffic flow on the site or service alleys. 4. Screening may be required as part of the Certificate of Use review process. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 1 of 8 ARTICLE XI. - DEVELOPMENT STANDARDS GENERALIZED TABLE OF DEVELOPMENT STANDARDS Sec. 34-342. Tables for development standards. The following are generalized development standards categorized by standards and by zoning districts. These standards are minimum requirements, unless otherwise regulated in this section that all development shall comply with: Table 1. Development Standards Zoning Districts R-1, Single-Family; R-2, Two -Family (See Figures 11-1, 11-2 for illustrations) Business Transition Overlay (BTO) R-2, Two-Family; R-15, Multiple-Family; R-25, Multiple-Family; R-50, Multiple-Family R-15, Multiple-Family; R- 25, Multiple-Family; R-50, Multiple-Family Single-family Detached Two-Family Duplex Townhouse Multiple-family Lot and Density Parameters Minimum dimensions per development site Not applicable 10,000 s.f. 10,000 s.f. Lot frontage, minimum 75 ft. 96 ft. (block) 22 ft. individual interior lot 100 ft. Lot frontage, minimum (corner lots and townhome end lots) 75 ft. 37 ft. individual lot 100 ft. Lot area (net), minimum 7,500 s.f. 2,200 s.f. interior lot; 3,700 s.f. for corner and end lots 10,000 s.f. Density, maximum (net) Up to 6 du/ac Up to 15 du/ac R-15 up to 15 du/ac R-25 up to 25 du/ac R-50 up to 50 du/ac Lot Coverage and Permitted Impervious Areas Lot coverage principal building 40% max. 70 max. per lot 60 max. Required front yard 50% max. impervious area 90 max. impervious area Not applicable Lot coverage (accessory building within required rear yard) 30% max. 30% max. Not applicable Rear yard 70% max. impervious area 70% max. 100% impervious area Not applicable Maximum Heigh Height Principal building(s) 35 ft./2 stories 40 ft./3 stories R-15: 40 ft./3 stories R-25: 50 ft./4 stories R-50: 120 ft./10 stories Accessory building(s) 14 ft. 14 ft. 20 ft. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 2 of 8 Principal Building Size, Setbacks and Spacing Building length (maximum) Not applicable 155 ft. Greater than 150 ft. requires administrative approval for massing and articulation Front setback (minimum) 25 ft. 20 ft. 25 ft. Rear setback (minimum) 25 ft. 15 ft. 25 ft. Interior side setback (minimum) 7.5 ft. min. or 10% of lot width but not less than 5 ft. 15 ft. 15 ft. Side street setback (minimum) 15 ft. 15 ft. 20 ft. Spacing between principal buildings (minimum) Not applicable (only 1 dwelling per lot) 20 ft. without openings; 30 ft. with openings 20 ft. without openings; 30 ft. with openings Accessory Building Setbacks and Spacin Spacing Front setback (minimum) 75 ft. 75 ft. 25 ft. Rear setback (minimum) 5 ft. 15 ft. 5 ft. 10 ft. 5 ft. Interior side setback (minimum) 7.5 ft. 5 ft. 15 ft. Side street setback (minimum) 20 ft. 20 ft. 20 ft. Between accessory building and any other Building (minimum) 10 ft. 10 ft. 20 ft. Carport Setbacks Front (minimum) 5 ft. 25 ft. 5 ft. 20 ft. 5 ft. N/A Rear (minimum) 5 ft. 25ft. 5 ft. 15 ft. 5 ft. N/A Interior side (minimum) 5 ft. 7.5 ft. min. or 10% of lot width but not less than 5 ft. 5 ft. 15 ft. 5 ft. N/A Side street (minimum) 5 ft. 15 ft. 5 ft. 15 ft. 10 ft. N/A Swimming Pool Setbacks Front setback (minimum) 75 ft. 75 ft. individual lot 25 ft. on common area 25 ft. Rear (minimum) 7.5 ft. 7.5 ft. 10 ft. Interior side (minimum) 10 ft. 10 ft. 10 ft. Side street (minimum) 20 ft. 20 ft. 25 ft. Screen Enclosure Setbacks Front (minimum) 75 ft. 75 ft. individual lot 25 ft. on common area 25 ft. Rear (minimum) 6 ft. 6 ft. 5 ft. Interior side (minimum) 5 ft. 7.5 ft. 7.5 ft. Side street (minimum) 15 ft. 15 ft. 20 ft. Patio Slabs - Brick Pavers Rear (minimum) 5 ft. 15 ft. 5 ft. 10 ft. Interior side (minimum) 5 ft. 5 ft. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 3 of 8 Side street (minimum) 15 ft. 15 ft. Table 2: Commercial, Industrial and Mixed-Use Districts Zoning Districts NC, Neighborhood Commercial OF, Office I-1, Industrial (Light) I-2, Industrial (Heavy) PCD, Planned Corridor Development EO, Entertainment Overlay INN, Innovation District Overlay Lot and Density Parameters Lot frontage, Minimum 50 feet 125 ft. 75 ft. 150 ft. 150 ft. 125 ft. Lot area (net), Minimum 5,000 s.f. 10,000 s.f. 10,000 s.f. 10,000 s.f. 10,000 s.f. 10,000 sf Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 4 of 8 Residential Density, Maximum N/A N/A N/A 16-26 du/ac by right (varies by corridor); 55—150 du/ac with incentive bonuses 55 du/ac N/A N/A Floor Area Ratio, Maximum 0.50 0.50 0.50 0.50 single use 3.0 mixed- use (varies by corridor) 3.0 mixed- use 0.75 all other uses 0.75 single use 3.0 mixed-use (vacant or developed lots of 10 acres or more) 0.50 single use 3.0 mixed-use (all others) 3.0 mixed-use 0.75 all other uses 0.50 Maximum impervious area (% of lot area) 70% max. 90% max. 90% max. 82% by right; up to 90% with incentive bonuses 70%; 90% for lots greater than 40 acres 90% max. Maximum Height for Buildings and Structures Principal buildings 35 ft./2 stories 55 ft. 55 ft. 2—4 stories by right 6—20 stories with incentive bonuses (varies by corridor) 15 stories (vacant or redeveloped lots of 10 acres or more) 10 stories (all others) 15 stories (vacant or redeveloped lots of 10 acres or more) 10 stories (all others) 55 ft. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 5 of 8 Accessory buildings, structures 20 ft./1 story 35 ft. 35 ft. 35 ft./2 stories 2 stories 35 ft. Parking structures Subject to site plan review Subject to site plan review Subject to site plan review Subject to site plan review Subject to site plan review Subject to site plan review Principle Principal Building Setbacks and Spacing Front setback 10 ft. (minimum) 20 ft. (minimum) 20 ft. (minimum) 20 ft. (minimum) Two options: 15 ft. (build-to); or 25 ft. (minimum) 15 ft. (minimum) Two options: 15 ft. (build- to); or 25 ft. (minimum) 20 ft. min. Rear setback (minimum) 10 ft. 20 ft. 20 ft. 10 ft. by right 7.5 ft. with incentive bonus 7.5 ft. Interior side setback (minimum) 25 ft.—NC (where abutting residential use); 10 ft. from nonresidential 10 ft.—OF 7.5 ft.—OF 0 ft. 10 ft. by right 0 ft. with incentive bonus 7.5 ft. Side Street Setback (minimum) 15 ft. 20 ft. 20 ft. 10 ft. 10 ft. Rear setback abutting nonresidential, non-industrial zoning district Not applicable 25 ft. 25 ft. Not applicable Not applicable Rear setback abutting residentially zoned lot (minimum) 25 ft—NC 25 ft—OF 50 ft. 50 ft. 25 ft. 25 ft. Rear setback separated from residentially zoned lot by street, alley or other right-of-way (minimum) 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Spacing between buildings (minimum) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 6 of 8 Accessory Building Setbacks and Spacing Front setback (minimum) Not permitted in front yard 20 ft. 20 ft. 25 ft. 25 ft. Rear setback (minimum) 10 ft. 0 ft. 0 ft. 0 ft. 0 ft. Interior side setback (minimum) 10 ft. 0 ft. 0 ft. 10 ft. by right 0 ft. with incentive bonus 5 ft. Side street setback (minimum) 10 ft. 20 ft. 20 ft. 10 ft. 10 ft. Rear setback abutting Residentially Zoned Lot (minimum) 25 ft. 50 ft. 50 ft. 25 ft. 25 ft. Rear setback separated from residential by street, alley or other right-of-way (minimum) 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Spacing between buildings (minimum) 10 10 ft. 10 ft. 10 ft. 10 ft. Table 3: Other Districts Zoning Districts AU, Agricultural GP, Governmental Properties PACE, Performing Arts-Civic Entertainment PD, Planned Development Lot and Density Parameters Minimum Dimensions Per Development Site Not applicable Not applicable Not applicable 200 ft. frontage; 5 acres Lot frontage, Minimum 150 ft. Not applicable Not applicable Not applicable Lot Area (net), Minimum 1 acre Not applicable Not applicable Not applicable Density, Maximum (net) 5 du/ac Not applicable Not applicable 50 du/ac FAR, Maximum 0.50 Not applicable Not applicable 1.0 % of Minimum Common Open Space per Development Site Not applicable Not applicable Not applicable 30-40% (varies by density of development) Maximum impervious coverage area Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 7 of 8 (% of lot) 70% Not applicable Not applicable Not applicable Maximum Height of Buildings and Structures Principal Building(s) 2 stories Not applicable Not applicable 10 stories Accessory Building (s) 2 stories/40 ft. Not applicable Not applicable 2 stories/40 ft. Principal Building Size, Setbacks and Spacing Building Length (maximum) Not applicable Not applicable Not applicable Not applicable Front Setback (minimum) 25 ft. Not applicable Not applicable Not applicable Rear setback (minimum) 25 ft. Not applicable Not applicable Not applicable Interior Side Setback (minimum) 25 ft. Not applicable Not applicable Not applicable Side Street Setback (minimum) 25 ft. Not applicable Not applicable Not applicable Abutting Residentially Zoned Lot (minimum) 50 ft. Not applicable Not applicable Not applicable Separated from Residentially Zoned Lot By Street, Alley Or Other Right-Of- Way (minimum) 25 ft. Not applicable Not applicable Not applicable Spacing Between Principal Buildings (minimum) Not applicable Not applicable Not applicable Not applicable Accessory Building Setbacks and Spacing Rear Setback (minimum) 15 ft. Not applicable Not applicable Not applicable Interior Side Setback (minimum) 15 ft. Not applicable Not applicable Not applicable Side Street Setback (minimum) 15 ft. Not applicable Not applicable Not applicable Abutting Residentially Zoned Lot (minimum) 50 ft. Not applicable Not applicable Not applicable Separated from Residentially Zoned Lot By Street, Alley Or Other Right-Of- Way (minimum) 25 ft. Not applicable Not applicable Not applicable Between Accessory Building and any other Building (minimum) Not applicable Not applicable Not applicable Not applicable Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-04-11 17:24:39 [EST] (Supp. No. 15) Page 8 of 8 Table 4: Applicable to all Districts Minimum Dwelling Unit Size Single-family detached dwelling unit 1,200 sf Two-family dwelling (each unit) 1,000 sf Townhouse dwelling unit 1,000 sf Multiple-family Studio apartment dwelling 650 sf unit Multiple-family apartment dwelling unit 800 sf Average unit size per multiple-family development 950 sf Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 1 of 5 ARTICLE XII. OFF-STREET PARKING, LOADING AND VEHICULAR CIRCULATION Sec. 34-381. Number of required off-street parking space requirements for all districts and uses. (a) Required parking for multiple uses. Where there are multiple uses including accessory uses within one development, building, or structure, the required parking for each use shall be computed and the summed total number shall be the required number of parking spaces, except as provided in section 34-387 for shared parking. (b) Required number of spaces when fractional space computed. When calculations determining the number of required parking spaces result in the requirements of a fractional space, any fraction up to and including one- half shall be disregarded and fractions over one-half shall require one parking space. (c) Tandem spaces, valet parking spaces, disabled parking spaces, parking for transporting young children counted towards required spaces. Where in association with a specific use tandem or valet parking is customary or incidental or provided, and required disabled and parking for transporting young children are provided; the provision of such parking shall be counted towards the required number of parking spaces. (d) Parking analysis required. Due to the unique and specific requirements that may not be standardized for specific uses, the administrative official may require the submission of a parking analysis to determine the required number of parking spaces, loading spaces, and configuration of the parking areas. Said parking analysis shall provide details of the required parking standards for the specific use. Such study shall be based on and relied upon, but not limited to, other existing parking requirements of similar uses, historical parking data, special parking provisions or accommodations, use of mass transit, reliable statistical planning data and studies, or other reliable sources to allow the administrative official to make the determination. (e) Schedule of off-street parking requirements. The minimum number of required off-street parking spaces for specific uses are set forth in table 1 in this subsection. The parking requirement for uses not listed in the table shall be the parking requirement for the most similar related use in the master use and definition list, Appendix A, as determined by the administrative official. (f) Parking Variance. 10 percent maximum administrative parking reduction may be considered when strict adherence to parking requirements may not be feasible, depending on factors such as the location, size, and nature of the development. Property owners must demonstrate the property presents unique circumstances or hardships that justify the need for reduced parking. Conditions or limitations may be imposed on the property use, if the administrative variance is granted. These could include establishing shared parking agreements, or conducting periodic reviews to assess parking demand. Parking variance is subject to traffic review and approval by the Planning and Zoning Director or designee. Table 1. Off-Street Parking Requirements Use Minimum Number of Off-Street Parking Spaces Residential Type Uses Assisted living facility (ALF) 1 per each 2 beds plus 1 per each 2 employees Community residential facility greater than 6 residents 1 per each 2 beds plus 1 per each 2 employees Community residential facility up to 6 residents As required for dwelling unit Day care center—Adult, or more than 5 children 1 for each personnel and transportation vehicle or 1 per 1,000 square feet gross floor area, whichever is greater Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 2 of 5 Dormitories, fraternity or sorority house, on campus, off-campus 2 spaces per 3 sleeping rooms or parking analysis Family care home 5 children or less As required for dwelling unit Farm worker housing 1 per sleeping room Halfway house 1 per each 2 beds plus 1 per each 2 employees Hotels, motels, lodging 1 per 2 rooms/suites Work/live loft (residential component) 1 space per unit Mobile home, manufactured homes 2 spaces per unit Residential—Mixed-use residential 1 for each one bedroom unit; 1.25 for each 2 bedroom unit; 2 per 3 or more bedroom unit Residential—Multifamily residential 2 spaces per unit; plus .25 guest spaces per unit Residential—Single-family-detached residential 2 spaces per unit Residential—Townhouse 2 spaces per unit; plus .25 guest spaces per unit Residential—Two-family residential 2 spaces per unit Transient Housing—Shelters 1 per sleeping room plus 1 per employee Watchman, manager or caretaker quarters—RV 1 per unit Public And Institutional Type Uses Airport, airfield, heliport, related uses- public, private Parking analysis Community centers 1 per 250 square feet Cultural and civic facilities—Libraries, museums 1 per 250 square feet Detention facility Parking analysis Educational facilities—College or university, private Parking analysis Educational facilities—Private (includes charter) High school: 1 per 10 student stations above grade 9, 1 per faculty/staff members, 15 for visitors; Middle/Jr. high: 1 per faculty/staff member, 10 for visitors; Elementary: See middle/jr. high, visitors parking shall be minimum 5 percent of all other required parking Educational facilities—Public Per state requirements Educational facilities—Technical, vocational, specialty Parking analysis Government facilities, including administrative, support and service 1 per 300 square feet Hospital, private, public 1 per first 300 beds and 1 additional per 2 additional beds, plus 1 per 3 employees and resident staff members Public parks and recreational facilities Parking analysis Public safety facility Parking analysis Sewage lift or pumping station Parking analysis Solid waste transfer station Parking analysis Transit station 3 per 2,500 square feet; 1 per additional 500 square feet; 3 per additional 5,000 square feet Utilities and related facilities Parking analysis Water plant, waste water plant Parking analysis Vehicle Related Commercial Type Uses Car wash—Enclosed 1 per 250 square feet of GFA; minimum of 3 Car wash—Outside, hand wash 1 per 250 square feet of covered area(s); minimum of 3 Parking garage, lot—Commercial Not applicable Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 3 of 5 Rental-automobile only 3 per 2,500 square feet; 1 per additional 500 square feet Rental-truck and other vehicles Parking analysis Bus charter service, passenger bus terminal 3 per 3,000 square feet; 1 per additional 500 square feet; 3 per additional 5,000 square feet Vehicle fueling stations and sales 1 per 250 square feet of GFA Vehicle major repair—Mechanical, body 1 per 250 square feet of GFA Vehicle minor repair—Mechanical, service 1 per 250 square feet of GFA Vehicle—Arts sales and installation and service 1 per 250 square feet of GFA Vehicle sales—Retail, new automobiles Parking analysis Vehicle sales—Retail, used automobiles Parking analysis Vehicle sales—Wholesale dealer, online, independent dealer 1 per 2,000 square feet (minimum 2 spaces are required) Recreation, Entertainment Type Uses Amusement parks, stadiums, arenas Parking analysis Arcade, video games, electronic gaming 3 per 2,500 square feet, 1 per additional 500 square feet Casino gaming facility Parking analysis Golf driving range 3 per hole; 1.5 per driving range station; other uses per these requirements Golf, miniature 3 per hole; other uses requirements Gun, pistol range, gun clubs, archery clubs—Indoor Parking analysis Race track—Horse Parking analysis Riding clubs—Horses, off-road vehicles, motorcycles Parking analysis Sports fields, batting cages, basketball courts, racket ball courts, sporting activities, bowling alleys—Indoor 1 per 250 square feet Sports fields, batting cages, basketball courts, racket ball courts, sporting activities—Outdoor Parking analysis Restaurant, Food and Beverage Service Type Uses Adult entertainment establishment 1 per 4 persons based on maximum capacity Bar/lounge, wine tasting room 1 per 4 persons on maximum capacity Catering service 3 per 1,000 square feet of GFA Nightclub, discotheque, club 1 per 4 persons based on maximum capacity Microbrewery 1 per 1,000 square feet GFA dedicated to brewery operations 1 per 4 seats for restaurant, tasting room, outdoor seating areas Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, outdoor café, food hall 1 per 4 persons based on maximum capacity Places of Public Assembly Type Uses Auction house—Indoor 1 per 4 persons based on maximum capacity Banquet hall 1 per 4 persons based on maximum capacity Funeral homes 1 per 4 persons based on maximum capacity Place of religious assembly 1 per 4 persons based on maximum capacity Private clubs, not public 1 per 4 persons based on maximum capacity Theater (movie, performing arts) 1 per 4 persons based on maximum capacity Commercial Type Uses Convenience store 1 per 250 square feet of GFA Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 4 of 5 Donated goods center—New/used 1 per 250 square feet of GFA Drug, pharmacy store 1 per 250 square feet of GFA Flea market 1 per 250 square feet of GFA Food specialty store 1 per 250 square feet of GFA Grocery store 1 per 250 square feet of GFA Liquor package store 1 per 250 square feet of GFA Pawn shop 1 per 250 square feet of GFA Plant nursery, retail or wholesale 1 per 1,000 square feet of gross sales and storage area, interior and exterior Retail—Big box, club membership, department 1 per 250 square feet of GFA Retail—General, single use 1 per 250 square feet of GFA Retail—Home improvement, building materials 1 per 250 square feet of GFA Secondhand merchandise store/consignment store 1 per 250 square feet of GFA Office Type Uses Call center 1 per 300 square feet of GFA Office—Business, sales, professional, semi- professional services 1 per 300 square feet of GFA Office—Medical office/medical clinic 1 per 250 square feet of GFA Service Type Uses Animal grooming and pet sitting—Indoor 1 per 300 square feet of GFA Animal hospital/veterinarian clinic 1 per 300 square feet of GFA Animal kennel, boarding 1 per 2,500 square feet, 1 per additional 500 square feet Animal shelters 1 per 2,500 square feet, 1 per additional 500 square feet Blood banks, diagnostic medical treatment centers 1 per 300 square feet of GFA Check cashing, bill payments 1 per 300 square feet of GFA Copy, printing center 1 per 300 square feet of GFA Cosmetic surgery, beauty clinics 1 per 300 square feet of GFA Customer service center 1 per 300 square feet of GFA Dry cleaning 3 per 2,500 square feet, 1 per additional 500 square feet Equipment and tool rental 1 per 300 square feet of GFA Financial institution—Banks, credit unions, investment brokerage establishments 1 per 300 square feet of GFA Health club, fitness club 1 per 4 persons based on maximum capacity Laundromat, self-service 1 per 300 square feet of GFA Package shipping, mail service 1 per 300 square feet of GFA Personal care services 1 per 300 square feet of GFA Repair and service shop—General merchandise 1 per 300 square feet of GFA Studios—Photographic, and instructional 1 per 300 square feet of GFA Tattoo parlor, body piercing 1 per 300 square feet of GFA Other Uses Cemetery, mausoleums Parking analysis Crematory 1 per 4 based on maximum capacity Wireless antennas and support services Parking analysis Industrial Type Uses Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 5 of 5 Distribution center 1 per 1,000 square feet GFA Dry cleaning—Commercial laundry plant 1 per 1,000 square feet of GFA Industrial uses—Heavy 1 per 1,000 square feet GFA; minimum 2 spaces Industrial uses—Light 1 per 1,000 square feet GFA; minimum 2 spaces Laboratory—Medical, research, testing 1 per 250 square feet of GFA Maker space Parking analysis Mining/extraction, rock quarry Parking analysis Outdoor storage, open air storage (including vehicles) 1 per 5,000 square feet of lot area Radio and transmitting station 1 per 1,000 square feet of GFA Recycling facility, refuse disposal Parking analysis Salvage yard, junkyard 1 per 5,000 square feet of lot area Self-service storage facility 1 per 5,000 for first 20,000 square feet plus 1 per 10,000 square feet thereafter, plus 1 per 400 square feet of office plus 1 per manager's apartment; minimum of 5 per facility Showrooms, retail sales 1 per 300 square feet of showroom area Showrooms, wholesale sales 1 per 600 square feet of showroom area Studio for movie, television, music production Parking analysis Warehouse 1 per 1,000 square feet of GFA Agricultural Type Uses Farms—Produce, livestock Parking analysis Greenhouses—Nurseries, retail Minimum of 8 up to first acre plus 1 per acre thereafter Outdoor storage—Agriculture 1 per acre* Produce stand, farmers market Minimum of 3; 3 per 1,000 square feet of sales area Seed drying facility 1 per 2,000 square feet of GFA or 1 per employee whichever is greater Urban agricultural gardens Parking analysis Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Miami Gardens, Florida, Code of Ordinances (Supp. No. 14) Created: 2023-03-03 12:53:45 [EST] Page 1 of 35 Subpart B - LAND DEVELOPMENT CODE Chapter 34 - ZONING AND LAND DEVELOPMENT ARTICLE XIII. DESIGN STANDARDS ARTICLE XIII. DESIGN STANDARDS Sec. 34-413. Purpose and intent. In order to ensure quality of design, to enhance city streetscapes and public realms, and to protect the safety and welfare of residents, all new buildings and accessory structures, and development shall be reviewed for compliance with this article. The design standards of this article shall be supplemental to other review standards set forth in this chapter. In order to ensure quality of design, to enhance city streetscape and public realm, and to protect the safety and welfare of residents, all new buildings, accessory structures and redevelopment shall be reviewed for compliance with this article. The design standards of this article shall be supplemental to other review standards set forth in this chapter. They are designed to create cohesive, safe, and visually appealing urban environments while accommodating growth and change. 1) Applicability. These design standards shall apply to all types of buildings and structures and in addition to any other applicable standards in this chapter, unless otherwise stated. When these standards conflict with any other standards in this chapter, the stricter regulation shall apply. 2) Conformance with Design Standards. The design standards of this article shall apply to all new development and redevelopment within the city, except for single-family detached and two-family dwelling (duplexes). Existing development shall be subject to compliance when building gross floor area is enlarged 50 percent or more. Sec. 34-414. Residential design standards Design standards for multifamily districts. All buildings and accessory structures located within multifamily districts shall be designed to be compatible in scale and massing to the neighborhood character and buildings. In addition, multifamily buildings shall be subject to the following design guidelines. All buildings and accessory structures shall be designed to be compatible in scale and massing to the neighborhood character and buildings. The following standards apply to multifamily residential, townhome development, single-family detached and two-family dwelling (duplexes) where two or more units are being developed. (1) Overall height and roof form. Individual buildings shall vary in overall height and not be contained in a single volume of continuous height. Buildings shall provide a change or variation in the roof line. When flat roofs are provided, there shall be a minimum 3 feet height variation. Roof material shall be tile, metal seam or other architecturally interesting material. Composition shingles, such as asphalt or fiberglass, roofs shall be prohibited. For buildings exceeding three stories or 40 feet in height, all flat roofs for new construction shall be internally drained, and external scuppers and wall drains shall be prohibited. Figure 13-1. Variation in Height and Roofline Variation Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 2 of 35 Figure 1 – Roofline and Height Variation (2) Building massing and articulation a. Horizontal articulation. Buildings shall provide horizontal articulation architectural features at intervals of 40 linear feet or less. The purpose of horizontal articulation is to add visual interest to the building's exterior, prevent a monotonous or overwhelming appearance, and create a sense of rhythm or movement in the design. By varying the facade's elements such as materials, textures or colors, developments can achieve this effect while also enhancing the overall aesthetic appeal of the structure. 1. Techniques for Achieving Horizontal Articulation. I. Horizontal projections or recessions of at least 2 feet. II. Change of material or texture. Changes in materials or textures can be utilized to create visual interest and break up the monotony of the building's exterior. III. Change in windows size or placement. Altering the size or placement of windows is another effective method to introduce variation and rhythm into the design. IV. Color use. Color alone should not be used to substitute architectural features. Instead, color should be used as a supplementary element in conjunction with other architectural features to reinforce building modulation and create a cohesive aesthetic. This ensures that the facade's visual interest is not solely reliant on color but is instead achieved through architectural design. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 3 of 35 Figure 2 – Horizontal Articulation b. Vertical articulation. 1. Techniques for Achieving Vertical Articulation. I. Color or texture changes coinciding with vertical elements. These changes in color or texture can help delineate various functional or spatial zones within the building, highlight key architectural elements, or emphasize transitions between different building materials or styles. II. Stepback in massing. Buildings may incorporate a stepback in massing, with the upper floors set back a minimum of 5 feet from the ground floor. This architectural technique helps to reduce the perceived bulk of the building and can create opportunities for outdoor spaces or terraces. III. Inclusion of columns, balconies and awnings. Vertical articulation can be achieved through the addition of architectural elements such as columns, balconies, and awnings. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 4 of 35 These features not only break up the vertical plane of the building but also provide functional benefits such as shading or outdoor seating areas. IV. Color or texture variation delineating openings and uses. Variation in color or texture can be used to highlight openings such as windows and doors, as well as to differentiate between different uses or functions within the building. This helps to add visual interest and clarity to the building's facade. Figure 3 – Vertical Articulation Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 5 of 35 c. Articulated building entry. The primary building entrance of each building or unit shall be designed as a clearly defined and demarcated standout architectural feature of the building. The entrance shall be easily distinguished from secondary entrances and the regular façade treatment of the building. d. Facade treatment. Façade treatment shall consider factors such as scale, proportion, visual interest, and neighborhood context. 1. Maximum Blank Wall Area. The maximum continuous area of a blank wall is restricted to 25 feet to prevent large, monotonous expanses that can be visually unappealing or detract from the overall aesthetic of the building. Blank wall areas are defined as parts of the building facade that lack windows, architectural features, or significant material changes. 2. Architectural Features: Introduce architectural elements such as projections, recesses, or material or texture patterns to break up the monotony of blank walls. 3. Cladding Materials. Incorporate cladding panels made from materials like metal, wood, or composite materials, brick or stone veneers and fiber cement boards to create texture and visual appeal. 4. Artistic murals or decorative panels. Commission murals or art installations on blank walls to transform them into focal points. 5. Integrated Functional Features. Integrate functional elements such as balconies, sunshades, or louvers into the design of blank walls. Figure 4 – Façade Treatment Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 6 of 35 (3) Building materials. Development shall propose high quality building materials that promote longevity and aesthetically pleasing design. Recommended exterior building materials include colored and/or textured concrete, stucco, glass, cladding materials, brick or stone veneers, and pre-cast high quality synthetic veneers. Design materials must be consistent on all primary facades visible from public or private streets. Accessory buildings shall be constructed of the same materials as approved for the principal building. (4) Fenestration. Blank walls shall be avoided and shall not exceed 25 feet vertically and horizontally. Windows should be grouped rather than evenly spaced across the facade of the building and should include variation in shape. Windows may be projected or recessed to provide depth and visual interest. Reflective surfaces and bars shall be prohibited. Figure 5 – Grouping of Windows (5) Balconies. Balconies shall not be screened or enclosed, and should feature decorative railings. Balconies must be at least 4 feet deep. Long and narrow balconies are discouraged. Juliette balconies are prohibited. (6) Pedestrian and vehicular use areas. Development shall enhance pedestrian connections with special pavement treatment such as pavers, concrete, colored concrete, or stamped concrete and pedestrian scale lighting as appropriate. Crosswalks shall be provided throughout the site to allow safe pedestrian circulation. Similarly, when curb cuts are provided, different paving materials shall be used to indicate to drivers that their vehicle is entering a pedestrian zone. Development shall ensure safe and interconnected pedestrian circulation in and around the site with minimum 5 Ft sidewalks widths interior to the site and shall be constructed to meet Engineering and Public Works Department standards. (7) Building placement for residential buildings within the Entertainment Overlay District – EO. Residential buildings within the Entertainment Overlay District – EO, should be situated adjacent to the sidewalk to encourage walkability and activity along the street. Surface parking shall be limited to the rear yard or areas behind buildings. (8) Site amenities. Multifamily, townhouse and single-family residential developments of ten units or more shall provide at least three of the following site amenities: courtyard or pedestrian plaza; walking, jogging Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 7 of 35 and biking trail; seating areas; picnic facilities; outdoor playground; dog park; athletic fields, sports courts; pool and clubhouse. Site amenities shall provide appropriate lighting to meet the requirements of Crime Prevention through Environmental Design (CPTED) principles. Multi-family development consisting of units with ground floor access shall provide a minimum of 200 square feet of private open space consisting of a covered private patio or screened porch for each unit regardless of the number of units in the development. Townhouse development shall provide 300 square feet of private open space minimum for interior lots and 500 square feet for corner lots consisting of a covered private patio or screened porch for each unit regardless of the number of units in the development. (9) Decorative Site furnishings. Furnishings such as trash receptacles, benches, bicycle racks, lighting fixtures and pavement treatments are required in accordance with this chapter. The design of each of these elements is subject to the review and approval of the Planning and Zoning Director or designee. (10) Accessory structures and uses. All accessory structures shall be subject to development and design standards set forth in Article X of this chapter. Service areas, loading areas and associated activities shall be located to the rear of buildings and screened from a public right-of-way and residential use. (11) Wayfinding and ground rules. Wayfinding and ground rules signage shall be provided and subject to review during development approval process. a. (2) Vertical plane moderation. Buildings exceeding three stories or 40 feet in height shall feature moderation in the vertical surface plane. This can be accomplished through, for example, by including columns, a vertical alignment of balconies, or building projections or recessions. Figure 13-2 shows the use of stacked balconies and two tower elements that are defined by recessing the facade on both sides of the towers. The vertical plane moderation shall be of minimum height to be clearly visible from the street; in scale with the building; and, significant enough to produce shadow lines against the building. Variation in the types of vertical plane moderation should be encouraged to avoid repetitive design. The administrative official may permit a vertical plane color variation to reinforce, or substitute for, modulation in the vertical plane. Figure 13-2. Vertical Plane Moderation (3) Roof variations. Each multifamily building shall provide a change or variation in the roof line. For buildings that are less than three stories or 40 feet in height, flat roofs should be avoided where possible, unless a vegetative roof is used, and roof material should be tile, standing metal seam or other architecturally interesting material. Roof materials should have solar reflectance index (SRI) for Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 8 of 35 75 percent of the roof area as follows: low slope (less than 2:12) 78 SRI; steep slope (greater than 2:13) 29 SRI. Figure 13-3. Roofline Variation (4) Rooftop design. Roof surfaces should be finished so as not negatively affect views from neighboring buildings. All rooftop mechanical equipment should be designed as an integral part of the building and screened from view. (5) Facade treatment. For buildings exceeding three stories or 40 feet in height, the first story should provide vertical separation from the upper portions of the building by incorporating architectural features that enhance the pedestrian experience. This may include, for example, changes in building material or color, variation in window shape and treatment, molding, banding, or other architectural variations. Figure 13-4. Lower Story Facade Treatment (6) Fenestration. Windows should be grouped rather than evenly spaced across the facade of the building and should include variation in shape. Reflective surfaces should be discouraged. Bars are prohibited. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:44 [EST] (Supp. No. 14) Page 9 of 35 Figure 13-5. Window Groupings (7) Balconies. Balconies shall not be screened, and should feature decorative railings. (8) Pedestrian and vehicular use treatment. Development shall incorporate brick pavers and/or stamped concrete into the site design, and shall visually separate pedestrian areas from vehicular use areas. (9) Landscaping and buffering. Landscaping and buffering shall be provided as set forth in article XIV of this chapter, which shall include open and common landscape and buffering requirements; fence and wall requirements and design standards, and buffering of off-street parking areas with landscaping and knee-wall designs. The provision of landscape and buffering shall be subject to review during the development approval process. (10) Accessory structures and uses. All accessory structures shall be subject to development and design standards set forth in article X of this chapter, accessory uses and structures, which shall include dumpster enclosures, utility buildings, and other similar structures. This chapter allows for the provision of accessory uses incidental and accessory to the multifamily developments, including recreational amenities, playgrounds, clubhouses, and incidental commercial activities. The provision of such accessory uses is encouraged and shall be subject of review during development approval process. (11) Green building practices. Green building practices are generally consistent with the techniques used to achieve LEED certification, but do not necessarily have to comply with the specific criteria required for LEED certification. LEED is the U.S. Green Building Council rating system for environmentally sustainable buildings also known as leadership in environmental energy and design. Applicants seeking to participate in a voluntary green building/development program are required to schedule a preliminary development application meeting. At the preliminary development application meeting, the applicant must identify the third party green building/development standards proposed to be incorporated in the project design and implementation, and provide a copy of the standards to city staff for review. (Ord. No. 2010-10-218, § 2(13-20), 4-7-2010; Ord. No. 2011-21-263, § 3, 10-5-2011) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 10 of 35 Sec. 34-415. Non-residential design standards Design standards for planned corridor district and neighborhood commercial district. The following standards apply to non-residential buildings. All buildings and accessory structures shall be designed to be compatible in scale and massing to the neighborhood character and buildings and shall be subject to the following design standards. All buildings and accessory structures located within Planned Corridor and Neighborhood Commercial districts should be designed to be compatible in scale and massing with the neighborhood character and buildings therein. In addition, buildings and structures within this district shall be subject to review of the following design guidelines. (a) Commercial and Mixed-use Design Standards (1) Overall Height and Roof Form. Individual buildings shall vary in overall height and not be contained in a single volume of continuous height. (2) Building Massing and Articulation a. Horizontal Articulation. Buildings shall provide horizontal articulation architectural features every 40 linear feet or less along the facade. This means that the facade should not have long, uninterrupted stretches, but rather should be broken up into smaller segments. 1. Techniques for Achieving Horizontal Articulation. I. Horizontal projections or recessions of at least 2 feet. These elements add depth to the facade and create shadow lines, helping to break up the massing. II. Change of material or texture. Using different materials or textures along the facade can visually separate sections of the building and add visual interest. III. Change in window size or placement. Varying the size and placement of windows can create rhythm and variation along the facade, contributing to its articulation. IV. Color Use. Color alone should not be used to substitute architectural features. While color variation is encouraged, it should be used in combination with other elements to reinforce building modulation. This ensures that the facade's visual interest is not solely reliant on color but is instead achieved through architectural design. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 11 of 35 Figure 6 – Horizontal Articulation b. Vertical Articulation. Buildings shall feature moderation in the vertical surface plane to avoid having flat, monotonous vertical facades. Instead, they should incorporate elements that add visual interest and depth to the building's exterior. 1. Techniques for Achieving Vertical Articulation. The vertical plane moderation shall be of minimum height to be clearly visible from the street, in scale with the building, and, significant enough to produce shadow lines against the building. Color alone shall not be used to substitute architectural features. Color variation shall be used in combination with other elements to reinforce building modulation. Methods for achieving moderation in the vertical surface plane, include the following: I. Building projections or recessions of at least 2 feet. These can create shadow lines and add depth to the facade. II. Transparent storefronts. Providing clear windows at ground level enhances transparency and interaction between the building and the street. III. Awnings and entrance canopies. These architectural features not only provide shelter but also break up the vertical plane and create a sense of entry. IV. Color or texture changes coinciding with vertical elements. Using different colors or textures can visually separate sections of the building and add visual interest. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 12 of 35 V. Change of material or texture on the ground floor. The ground floor may feature a distinct change in material or texture compared to the upper floors. This helps to visually separate the ground level where commercial or public spaces are located from the upper floors. Figure 7 – Vertical Articulation c. Facade Treatment. Facade treatment in buildings, shall enhance the visual appeal, pedestrian experience, and compatibility with surrounding areas. 1. Maximum Blank Wall Area. The maximum continuous area of blank wall on any exterior facade facing residential use, public or private streets shall be 25 feet. Blank wall area is defined as portions of the facade without openings (windows or doors), architectural features greater than 1 foot in depth, or substantial material changes. 2. Modular Design required for Large Facades. Front facade building expanses larger than 100 feet should be broken up into smaller modules of 25-50 feet. This modular design approach helps to support pedestrian scale and prevent long, repetitive stretches of facade, contributing to a more visually interesting streetscape. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 13 of 35 Figure 8 – Modular Design 3. Distinctive Building Base, Middle, and Top. Buildings exceeding four stories are required to provide distinct architectural treatment for the base, middle, and top portions of the facade. I. Base: The first story should feature architectural elements that provide vertical separation from the middle and upper portions of the building. These elements may include changes in material, texture, or color, variation in window shape and treatment, and pedestrian-oriented features such as street connections, gardens, courtyards, or high transparency. II. Middle: This section of the building should maintain visual interest and compatibility with the base and top portions. III. Top: The uppermost portion of the building should also be treated architecturally to enhance the overall appearance and avoid a monotonous or undifferentiated facade. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 14 of 35 Figure 9 – Distinctive Base, Middle and Top d. Articulated Building Entrance. The primary building entrance of each building shall be designed as a clearly defined and demarcated standout architectural feature of the building. The entrance shall be easily distinguished from secondary entrances and the regular façade treatment of the building. Several architectural elements can be used to guide pedestrians and visitors to the main entrance and create a sense of arrival as follows: I. Recessed or projected mass or form element. Creating a recessed or projected area around the main entrance can help to visually emphasize its importance and draw attention to it. II. Corner entry with doors and storefront. Placing the main entrance at a building corner, with doors and storefront windows, can make it a prominent and inviting feature. III. Roof variation. Incorporating variations in the roofline above the main entrance can help to highlight its location and add architectural interest. IV. Awnings or roof overhangs. Installing awnings or roof overhangs above the main entrance can provide shelter and define the entrance area, making it more visually distinct. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 15 of 35 (3) Building materials. Development shall propose high quality building materials that promote longevity and aesthetically pleasing design. Recommended exterior building materials include colored and/or textured concrete, stucco, glass, cladding materials, brick or stone veneers, and pre-cast high quality synthetic veneers. Design materials must be consistent on all primary facades visible from public or private streets. Accessory buildings shall be constructed of the same materials as approved for the principal building. (4) Fenestration. Windows should be grouped rather than evenly spaced across the facade of the building and should include variation in shape and size. 75% minimum of any building façade facing a public or private street should be transparent windows or doors with clear sight lines into the structure. Street level windows and doors should be recessed or receive special design consideration to differentiate them from the rest of the building and to add visual variety to the streetscape. Blank walls shall be avoided and shall not exceed 25 feet vertically and horizontally. Reflective surfaces and bars shall be prohibited. (5) Pedestrian and vehicular use areas. Development shall incorporate appropriate street and sidewalk widths and connectivity between buildings, streets and parking areas. Paving palette shall include brick pavers and/or stamped concrete to visually separate pedestrian areas from vehicular use areas. Similarly, when curb cuts are provided, different paving materials shall be used to indicate to drivers that their vehicle is entering a pedestrian zone. (6) Site furnishings. Furnishings such as trash receptacles, benches, bicycle racks, lighting fixtures and pavement treatments are required in accordance with this chapter. The design of each of these elements is subject to approval by the Planning and Zoning Director or designee. (7) Accessory structures and uses. All accessory structures shall be subject to development and design standards set forth in Article X of this chapter. Service areas, loading areas and associated activities shall be located to the rear of buildings and screened from a public right-of-way and residential use. (8) Mixed Use Regulations. Mixing of uses is optional. Whenever a development will contain a mix of residential and commercial uses, the mixing of uses shall be subject to the provisions of this section. a. Minimum use mix requirements. i. Residential: 40 percent of gross floor area or four dwelling units, whichever is greater. ii. Commercial/office: 15 percent of gross floor area. iii. Ground story retail/service/entertainment uses: Ten percent of gross floor area. b. Vertical Mixed-use Requirement. The different uses must be combined within the same building. Horizontal mixed-use development, consisting of single-use buildings on a parcel is not be permitted. c. Ground Floor Retail and Public Uses. Ground floors should be dedicated to retail shops, restaurants, cafes, or other public-facing businesses. d. Middle and Upper Floors Uses. The middle and upper floors of a vertical mixed-use building must house office spaces, dwelling units, or hotel rooms, provided that dwelling units, hotel rooms and offices shall not be located in the same story unless they are physically separated and served by separate elevators and stairways, and separate ground story lobbies. e. Master Plan Required. Mixed-use Development is subject to master plan approval for such mixed use, provided that any use that the administrative official finds is incompatible with residential use pursuant to the following criteria shall require special exception approval. An affirmative finding for any of the following criteria shall require a special exception: Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 16 of 35 1. The operation of the use involves amplified sound, use of power tools, pounding, banging, testing or running of engines, or other potentially disruptive source of noise or vibration. 2. The use involves the assembly of a large number of people at any one time, in such a way that there is resulting noise, traffic, or loss of privacy that may be intrusive and therefore incompatible with residential use. 3. The use produces odors, fumes, smoke or vapor that is generally considered offensive or unpleasant, and which may be detectable from adjacent dwelling units. 4. The use employs lighting that would generate glare or lighting levels that are excessive in an urban residential environment. 5. The use involves unsightly loading areas, overhead doors, outdoor storage, parking of commercial vehicles prominent, or prominent mechanical equipment areas. 6. The use involves the use or storage of hazardous materials. (b) Industrial and Work- Live Loft Design Standards (1) Overall Height and Roof Form. Individual buildings shall vary in overall height and not be contained in a single volume of continuous height. (2) Building Massing and Articulation a. Horizontal Articulation. Buildings must incorporate horizontal articulation architectural features at intervals of every 50 linear feet or less along the facade. This means that the facade should be divided into smaller segments to avoid long, uninterrupted stretches. 1. Techniques for Achieving Horizontal Articulation. I. Horizontal projections or recessions of at least 2 feet. These elements create depth and shadow lines, helping to break up the massing of the building facade. II. Change of material or texture. Using different materials or textures along the facade can visually separate sections of the building and add visual interest. III. Color use. Color alone should not be used to substitute architectural features. While color variation is encouraged, it should be used in combination with other elements to reinforce building modulation. This ensures that the facade's visual interest is not solely reliant on color but is instead achieved through architectural design. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 17 of 35 Figure 10 – Horizontal Articulation b. Vertical articulation. Buildings must incorporate moderation in the vertical surface plane. The vertical plane moderation should be of sufficient height to be clearly visible from the street and produce shadow lines against the building. The architectural elements used for vertical articulation should be in scale with the building and proportionate to its size. The moderation should be significant enough to be noticeable and enhance the building's overall appearance. 1. Techniques for Achieving Vertical Articulation. I. Building projections or recessions of at least 2 feet. These elements create depth and shadow lines, helping to break up the vertical plane of the facade. II. Color or texture changes coinciding with vertical elements. Using different colors or textures along the facade can visually separate sections of the building and add visual interest. III. Color use. Similar to horizontal articulation, color alone should not be used to substitute architectural features. Instead, color variation should be used in combination with other elements to reinforce building modulation and create visual interest. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 18 of 35 Figure 11 – Vertical Articulation c. Facade treatment. The maximum continuous area of blank wall for front façade, side façade or any portion of a building fronting residential use, public or private street, shall be 50 feet to avoid monotonous design and provide visual relief. Blank wall area is defined as the portion of any exterior façade that do not include openings such as windows and doors, architectural features greater than 1 foot in depth or substantial material change. d. Articulated building entry. The primary entrance for each tenant shall be designed as a clearly defined and demarcated standout architectural feature of the building. The entrance shall be visually prominent and easily distinguished from secondary entrances and the regular façade treatment of the building. This may be accomplished for instance, through architectural detailing, providing a recessed or projected mass or form element where the entry is located, a corner entry, roof variation, incorporation of awnings or roof overhangs. (3) Building materials. Development shall propose high quality building materials that promote longevity and aesthetically pleasing design. Recommended exterior building materials include colored and/or textured concrete, stucco, glass, cladding materials, brick or stone veneers, and pre-cast high quality synthetic veneers. Design materials must be consistent on all primary facades visible from public or private streets. Accessory buildings shall be constructed of the same materials as approved for the principal building. (4) Pedestrian and vehicular use areas. Development shall provide clear and safe pedestrian access, including appropriate street and sidewalk widths and connectivity between buildings, streets and parking areas. Landscape berms shall be used to buffer parking areas from the street. (5) Site furnishings. Furnishings such as trash receptacles, bollards, lighting fixtures and pavement treatments are required in accordance with this chapter. The design of each of these elements is subject to approval by the Planning and Zoning Director or designee. (6) Accessory structures and uses. All accessory structures shall be subject to development and design standards set forth in Article X of this chapter. Service areas, loading areas and associated activities shall be located to the rear of buildings and screened from a public right-of-way and residential use. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 19 of 35 (7) Work-Live Loft Additional Design Standards. Work-Live lofts spaces shall be functional and conducive to both living and working activities. While specific elements can vary depending on the nature of the development, the following additional standards shall apply: I. No Separate Outside Entrance. Live-work lofts shall be accessed from inside the business. No separate outside entrance shall be permitted. II. Flexible Space. Design should allow for flexibility in how the space is used, with adaptable layouts that can accommodate different types of businesses or residential needs. III. Soundproofing. Effective soundproofing measures shall be provided to minimize noise transfer between the residential and commercial areas and to create a conducive environment for work and rest. IV. Natural Light. Maximize natural light with large windows and skylights to enhance the comfort and productivity of both living and working areas. V. Amenities. Live-work units should include basic amenities such as a kitchen, bathroom, and sleeping area for residential use, as well as any necessary facilities for commercial activities. VI. Accessibility. Design should comply with ADA requirements. VII. Outdoor Space. Where possible, live-work lofts should include access to outdoor space such as balconies, terraces, or communal courtyards to enhance quality of life for residents and provide opportunities for outdoor work or relaxation. VIII. Community Integration. Design should facilitate interaction and integration with the surrounding community, such as through storefront windows, pedestrian-friendly entrances, and shared public spaces. IX. Residential Living area. The residential living area shall be incidental and subordinate to the business or workspace area a) The residential living area shall not occupy more than 10% of the workspace or business area and shall not be larger than 600 square feet, whichever is less. b) Residential unit shall be accessed from inside the business. No separate outside entrance shall be permitted. c) Where there are multiple businesses within a single building or structure, only one (1) residential living area shall be permitted per business. d) The residential living space shall be contained within the same structure as the workspace and must be occupied by the business operator. No portion of the unit may be rented or sold separately. X. Required Parking. Parking must be provided in accordance with Article XII of this chapter. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 20 of 35 Figure 12 – Work Live Loft Example (1) Overall height. Individual buildings shall vary in overall height and not be contained in a single volume of continuous height. (2) Vertical plane moderation. Buildings shall feature moderation in the vertical surface plane. This can be accomplished through, for example, the inclusion of balconies or building projections or recessions, or use of color changes coinciding with vertical elements. The vertical plane moderation shall be of minimum height to be clearly visible from the street; in scale with the building; and, significant enough to produce shadow lines against the building. (3) Roof variations. Each building shall provide a change or variation in the roof line. For buildings that are less than 41 feet in height, flat roofs should be avoided where possible, unless a vegetative roof is used, and roof material should be tile, standing metal seam or other architecturally interesting material. Roof materials should have solar reflectance index (SRI) for 75 percent of the roof area as follows: low slope (less than 2:12) 78 SRI; steep slope (greater than 2:13) 29 SRI. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 21 of 35 Figures 13-6 to 13-9. Variation in Height, Vertical and Horizontal Planes, and Rooflines (4) Facade treatment. For buildings exceeding three stories or forty feet in height, the first story should provide vertical separation from the upper portions of the building by incorporating architectural features that enhance the pedestrian experience. This may include, for example, changes in material or color, variation in window shape and treatment, molding, or other architectural variations. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 22 of 35 (5) Rooftop design. All rooftop mechanical equipment should be designed as an integral part of the building and screened from view. (6) Fenestration. Windows should be grouped rather than evenly spaced across the facade of the building and should include variation in shape and size. The majority of the first floor facing the street should be windows, doors or other transparent architectural features, and expanses of solid wall should be minimized. Street level windows and doors should be recessed or receive special design consideration to differentiate them from the rest of the building and to add visual variety to the streetscape. Reflective surfaces should be discouraged. Bars are prohibited on the street-facing side of the building. Figure 13-11. Ground Story Fenestration Figure 13-12. Grouping of Windows (7) Pedestrian and vehicular use treatment. Development shall incorporate brick pavers and/or stamped concrete in site design, and shall visually separate pedestrian areas from vehicular use areas. (8) Street furnishings. Furnishings such as trash receptacles, benches, bicycle racks, lighting fixtures and pavement treatments are required in accordance with this chapter. The design of each of these elements is subject to the review and approval of the city's administrative official. (9) Landscaping and buffering. Landscaping and buffering shall be provided as set forth in article XIV of this chapter and section 34-589 for PCD landscaping, which includes open and common landscape and buffering requirements; fence and wall requirements and design standards, and buffering of off-street parking areas with landscaping and knee-wall designs. The provision of landscape and buffering shall be subject to review during the development approval process. (10) Green building practices. a. Green building practices are generally consistent with the techniques used to achieve LEED certification. Green building practices are generally consistent with the techniques used to achieve LEED certification and would be LEED certifiable, but do not necessarily need to apply to have certification. Developments in the Planned Corridor District seeking to obtain a development incentive shall comply with the procedures and requirements as set forth in section 34-534. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 23 of 35 b. Applicants seeking to participate in a voluntary green building/development program are required to schedule a preliminary development application meeting. At the preliminary development application meeting, the applicant must identify the third party green building/development standards proposed to be incorporated in the project design and implementation, and provide a copy of the standards to city staff for review. Sec. 34-416. Parking structures. Parking Garages. Parking structures garages shall comply with the following requirements: (1) (1) Parking Garage means a building with 2 or more levels, designed for the temporary parking of motor vehicles and usually constructed from precast concrete panels. Parking platforms or parking decks that are not fully enclosed shall be strictly prohibited. Figure 13 – Permitted Garage Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 24 of 35 Figure 14 – Prohibited Garage (2) Location. Parking structures garage must meet zoning and accessory structure dimensional standards contained in the applicable zoning district. (2) (3) Review required. All parking structures garages accompanying developments shall be reviewed and obtain DRC approval as set forth in section 46-45. Figure 13-13. Retail and Apartment Parking Structure Liner Building (4) Parking Garage Design Standards. Parking garages shall incorporate the following in addition to building design standards of this Chapter: 1. The parking garage shall complement the surrounding buildings and include the same design elements as the principal building including materials, colors and architectural features. 2. Structural openings, such as parking ramp exits or ventilation shafts, shall be designed to be aesthetically pleasing. Architectural elements like louvers or decorative grilles shall be used to provide screening as needed. 3. Architectural features shall include protrusions and recesses to create a more dynamic and engaging facade. Colors and finishes shall complement architectural features and enhance the overall design. 4. Prominent walls or areas visible from the street shall provide murals or mosaics. Ensure these artworks are durable and can withstand environmental conditions. 5. Significant landscape screening and foundation plantings should be provided around of the parking garage to soften its appearance. Choose plants that are low-maintenance and suitable for the local climate. Trellis, green walls and planter boxes may also be provided at strategic locations to enhance visual interest. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 25 of 35 6. When the garage is part of a mixed-use development, ensure it integrates well with public spaces and supports pedestrian access and amenities. 7. Parking garages should include provisions for security cameras and monitoring systems. 8. Signage should be integrated into the overall design without detracting from the aesthetic quality of the garage. Standards. Any parking structure facade abutting a right-of-way or residential use shall incorporate at least three of the following elements. a. Retail businesses with shopping windows viewable from the sidewalk along the ground floor; b. Display windows; c. Landscape material (i.e., foundation plantings, vertical trellis with vines, planter boxes with cascading landscape material); d. Architectural detailing and articulation that provides texture on the facade or structure openings; e. Artwork such as sculptures, murals and mosaics. Figure 13-14. Architectural Detailing and Articulation (Ord. No. 2010-10-218, § 2(13-40), 4-7-2010) Sec. 34-417. Lighting standards. Purpose and intent. It is the purpose of this section to establish regulations regarding exterior lighting for development and redevelopment; to integrate lighting within developments to enhance the aesthetic appearance of the city; to ensure the safety of residents and visitors; to reduce energy costs; to minimize light pollution and protect dark skies; and to minimize adverse visual impacts upon drivers of vehicles. Lighting is not intended to be used as advertising or to draw attention to the building, grounds or uses associated with such building. This section is applicable to all exterior lighting in the city and within parking garage structures, excluding lighting for signage which is regulated in a separate section of this chapter. (1) Height, intensity and design standards. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 26 of 35 a. Height standards. For the purposes of these regulations, the mounting height of a light fixture shall be defined as the vertical distance from grade elevation of the surface being illuminated to the bottom of the light fixture. 1. Light fixtures shall not exceed 25 feet in height in vehicle-use areas. 2. Light fixtures shall not exceed 12 feet in height in pedestrian areas. 3. Building and accent light fixtures shall not be installed above the roofline. b. Footcandle standards. The minimum and maximum average footcandle range and maximum footcandle permitted for each lighting zone in residential and nonresidential areas shall be those listed in table 1 in this section. Table 1: Footcandle Standards (1) Lighting Zone Minimum Average Maintained Maximum Average Maintained Maximum Allowed Service station canopy (2) 20.0 fc 30.0 fc 60.0 fc Vehicular-use areas 1.5 fc 10.0 fc 10.0 fc Pathways, pedestrian open spaces, and outdoor seating (3) 1.0 fc 10.0 fc 10.0 fc Landscape buffers to a property line N/A 2.0 fc 5.0 fc Property line N/A 2.0 fc (4) 5.0 fc (4) Parking garage (5) 3.0 fc 50.0 fc 60.0 fc ATMs 10.0 fc 20.0 fc 20.0 fc Public streets 1.0 fc N/A N/A Private streets 0.6 fc N/A N/A Outdoor recreation and sports facilities (6) (6) (6) Recreational areas (7) (7) (7) Table Notes. (1) Unless mandated by other state or federal standards. (2) These standards shall only apply under the service station canopy and up to 15 feet from the outside edge of the canopy. (3) Pathways, pedestrian areas, and outdoor seating abutting another lighting zone with a greater footcandle 4 - requirement may include lighting levels consistent with the adjacent zone. Underpasses are required to illuminate a minimum of 2.0 fc. (4) No light spillover shall be permitted on any point inside the adjacent residential property. (5) During the daytime, the vehicular and pedestrian exits and entrances must maintain a minimum average of 50 fc. Stairwells must maintain a minimum average of 20 fc 24 hours a day. Ramps, drive aisles, and all other areas of the garage must maintain a minimum average of 3.0 fc. (6) Outdoor lighting for sport facilities such as tennis courts, stadiums, soccer and ball fields are exempt from the footcandle standards in Table 1; however, lighting at sports facilities shall not exceed IESNA-recommended practices for the type of field and use, and shall meet standards for light spillover and glare for residential properties in this section. (7) In those areas designated as recreational areas, or within preserves, pedestrian paths or multi-purpose paths, or other areas that are either gated or secured or are closed after dusk, lighting requirements shall be determined, as part of a development order approval, by the administrative official in consultation with the Police Department in order to provide adequate security lighting for the recreational area. (2) Design standards. a. Street lighting for public and private rights-of-way must be designed in accordance with either FPL, FDOT, or IESNA-recommended practices if required, and must also meet the minimum requirements set forth in Table 1. b. The location and design of lighting for parking garages shall be consistent with IESNA standards. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 27 of 35 c. Proposed lighting installations that are not covered by the provisions in this section may be approved only if the city council finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels. IESNA standards shall be used to determine the appropriate lighting design. d. All lighting must protect dark skies. (3) General standards. a. Light fixtures. Light fixtures shall be installed such that the source of light does not shine directly into adjacent residential districts, as provided below: 1. Freestanding light poles. Freestanding light poles located within 100 feet of a residential zoning district shall be a cutoff luminaire or equivalent, with a maximum angle of 90 degrees. 2. House shields. House shields, or equivalent, shall be required for all fixtures located within 25 feet of a residential district. 3. Flood lights and security lighting. Flood lights, security lighting, or similar equipment shall not be directed toward any residential district. b. Glare. Off-site light spillover shall not produce a glare which creates a safety or traffic hazard. c. Landscaping. Conflict between landscaping and lighting installations shall be minimized or eliminated. Light fixtures installed in parking lots must provide the required lumen coverage and not be obstructed by the location and future height of existing or proposed trees or other landscaping. d. Canopy lighting. Canopy light fixtures, such as service station lighting, shall be aimed downward and shall be fully recessed or fully shielded so as to ensure that the light fixture is not visible from public rights-of-way or adjacent properties and does not cause glare. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. As an alternative to recessed lighting, indirect lighting may be used when light is directed upward and then reflected down from the underside of the canopy. In this case, light fixtures shall be shielded so that direct illumination is focused exclusively on the underside of the canopy. No lighting shall be permitted on the top or sides of the canopy, excluding approved internally-illuminated signs. e. Flag poles. Flag poles may be illuminated by an approved fully-shielded spotlight fixture or fixtures provided they do not create off-site glare or light spillover above the limits established in table 1 in this section. The fixture shall be placed as close to the base of the flag pole as possible. f. Maintenance. Fixtures and lighting systems used for safety and security shall be in good working order and be maintained in a manner that serves the original intent of the system at all times. Accent and building lighting shall be maintained to keep the desired aesthetic appearance. (4) Building and accent lighting. a. Lighting of buildings. All exterior building lighting, including entry, facade, rooftop, security, and accent lighting shall conform to the requirements provided below: 1. Permitted lighting. Exterior lighting may be used to illuminate a building and its grounds for safety purposes, so long as the lighting is done in a manner that is aesthetically pleasing compatible with the overall surroundings, and in compliance with this section. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 28 of 35 2. Compatibility. Lighting shall be installed in a manner that is compatible with the neighborhood and adjacent development, and protects dark skies. 3. Fixtures. All fixtures used in exterior building lighting are to be selected for functional and aesthetic value. Light fixtures shall not be directly beamed upward or toward adjacent properties and pedestrian areas. 4. Accent lighting for nonresidential and multifamily buildings. Accent lighting for architectural and/or aesthetic purposes is permitted subject to the following restrictions: (i) All upward-aimed lights shall be fully shielded from projecting into the sky by eaves, roofs, or overhangs. (ii) Strings of lights or other similar accent lighting may be installed on trees and landscaping and on buildings below the roofline provided: Light strings shall not be suspended horizontally between any buildings, walls, fences, trees, or shrubs. Strings of light shall contain only low wattage clear bulbs (less than 100 lumens) without interior or exterior frosting, colors or reflectors. (iii) Integration with form. Lighting which mimics the architectural lines of the building or part of the building, unless otherwise allowed in this section, shall only be permitted by approval of an administrative petition. b. Exemptions. Single-family residential homes are exempt from the accent requirements herein, provided the lighting does not create light spillover or glare on adjacent residential properties or public rights-of-way. (5) Seasonal lighting. a. Nonresidential, multifamily and mixed-use zoning districts. Seasonal exterior lighting is permitted without a permit provided it does not exceed 45 days during a calendar year, and shall not be suspended between any buildings, walls, fences, trees, or shrubs. Such lighting cannot produce spillover, glare or negatively impact dark skies. b. Single-family residential zoning districts. Seasonal exterior lighting is permitted but cannot be illuminated in excess of a total of 45 days during a calendar year. (6) Lighting plans. Plans for illumination of buildings and other areas shall be submitted at the time of building permit or when more than 50 percent of the existing site lighting is being modified (including changes to lumens). Lighting plans shall comply with the standards listed below: a. Design. Plans shall be prepared and sealed by an engineer registered in the state. b. Plans. Lighting plan or plans, including photometric plans, shall include the following information: 1. Property site plan. 2. Vehicular and pedestrian access and circulation. 3. Adjacent property lines, existing uses and future land use map and zoning district designations. 4. Plan and elevation view of all fixtures, including pole and wall-mounted. 5. Height of all fixtures. 6. Photometric data and statistical analysis, including footcandle values, maximum to minimum uniformity ratio, average initial or average maintained footcandles, minimum footcandles, maximum footcandles, points of calculation for footcandles at minimum ten- Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 29 of 35 foot intervals on site and ten feet beyond the property line, and any other information required by the city engineer. 7. The location and description, including the mature height, of all existing and proposed trees, and the location of light fixtures on both adjacent properties and the street rights-of- way within 50 feet of the subject property. 8. Light fixture data, including manufacturer, wattage and lighting type. 9. All plans must be certified by a registered architect or engineer as providing illumination in accordance with the applicable minimum standards set forth in this section and that subsequent construction will comply with the approved lighting plan. 10. Lighting installations cannot be placed in permanent use until a letter of compliance from a registered professional architect or engineer has been provided stating that the installation has been field checked and meets all specifications set forth on the approved photometric plan. (7) Method of measurement. The light meter sensor shall be read at ground level or the established grade in a horizontal position. Readings shall be taken only after the light source has been exposed long enough to provide a constant reading. Measurements shall be taken after dark with the light sources to be measured on and off. The difference of the two readings shall be compared to the permitted illumination level for each lighting zone. (8) Street lighting. a. Decorative lighting. The city administrative official, as part of a development order approval, may require installation of decorative street lighting consistent with the style of existing fixtures on roadways adjacent to the property. b. Street lighting must illuminate public sidewalks along identified corridor roads to the level established for pathways in table 1. c. Private streets. Street lighting shall meet the public and private street lighting standards set forth in table 1 for all streets within and adjacent to a private development. (9) Prohibited lighting. The following types of permanent outdoor light fixtures are prohibited: a. Any upward-oriented lighting unless otherwise provided for in this section. b. Searchlights, beacons and laser-source light fixtures. c. Any lamp or bulb not within a light fixture (except for seasonal, accent, building lighting or landscape ornamental lighting) visible beyond the property line on which it is located. d. Exposed or visible neon light tubing. e. Any lighting utilized as or associated with prohibited signage as set forth in this chapter. (Ord. No. 2010-10-218, § 2(13-50), 4-7-2010) Sec. 34-418. Mechanical equipment screening. Mechanical equipment shall be visually integrated into its surroundings, minimizing its impact on the aesthetics of the area. Screening methods can include landscaping, architectural features, or specialized enclosures designed to blend the equipment into its surroundings. Compliance with mechanical equipment screening is required for new installations, renovations, and retrofitting of existing equipment. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 30 of 35 (1) Screening Requirement. All mechanical equipment must be screened from external view using either a fence, landscaping, or combination of both. The screening must cover all sides of the equipment except for a designated access point, which shall not exceed ten feet in width. (2) Landscape Materials. Landscaping used for screening must be minimum as tall as the mechanical equipment itself at the time of installation and spacing between shrubs shall not exceed 30 inches. (3) Fences and Specialized Enclosures. Architectural features, or specialized enclosures designed to blend the equipment into its surroundings are permitted, subject to approval by the Planning and Zoning Director or designee. If fences are utilized for screening, they must be minimum as tall as the mechanical equipment and should completely enclose it. Roof top mechanical equipment should be completely screened from view with opaque barrier. (a) All mechanical equipment, including, but not limited to, ground or roof mounted air conditioning units, backflow preventers, utility structures, generators and air compressors shall be completely screened from external view with a fence and/or landscaping on all sides except for an access point no larger than ten feet wide. The following standards shall apply to mechanical equipment screening. (1) The landscape materials provided shall be of a minimum height equal to, or greater than, the height of the mechanical equipment at time of installation, and shall form a continuous opaque barrier. (2) The access point for the mechanical equipment shall not be located adjacent to a public right-of-way unless all sides front a public right-of-way. In such cases, the access point shall be provided adjacent to the public right-of-way with the lowest traffic volumes. (3) Where provided, fences shall be of equal or greater height than the mechanical equipment, and shall completely enclose the equipment. (4) Roof top mechanical equipment should be completely screened with opaque fencing or barrier from view from grade level where possible. Sec. 34-419. Water conservation. Sec. 34-419. - Water conservation. (a) Consistent with the policies and objectives of the city's adopted comprehensive development master plan the following water conservation techniques should be implemented and shall be subjects of review during the development approval process: (1) Subsurface and other water conserving irrigation techniques; (2) Xeri-scape Florida-Friendly techniques; (3) Lawn watering Irrigation restrictions; (4) The use of low water use plumbing fixtures in all construction; and (5) Any other effective methods commonly in practice or required by law. (b) All permanent irrigation shall be subject to the restrictions as listed in Sec. 32-8.2 (a) through (d) of the Miami-Dade County code, as amended if applicable, herein incorporated by reference. Enforcement of this ordinance shall be the responsibility of the city. Any violation of the provisions of this section, including the county code incorporated by reference, shall be enforceable in accordance with Chapter 8 of the Miami Gardens Code of Ordinances. (c) Variances and alternative methods for compliance: (1) If an applicant believes that adherence to the irrigation schedule and/or methods would create a unique hardship for their property, they may request a variance from the city. The variance request Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 31 of 35 must be submitted in writing and must include an alternate method/schedule for irrigation which meets or is more restrictive than (uses less water than) the standard method/schedule. The variance will be reviewed by the Planning Department Director or their designee, and either approved, denied, or approved with conditions. Sec. 34-420. Civic open space; standards and guidelines. Landscape design standards The following areas shall qualify as open space to satisfy minimum open space requirements and qualify for open space incentives: landscaped areas; plazas; courtyards; and paseos. All such areas must comply with the standards of this section in order to satisfy open space requirements and qualify for incentive bonuses pertaining to provision of open space. Landscape shall be provided as an effective means of conserving energy, preserve open space, maintain and improve the aesthetic quality of the city, and increase the quality of life of residents, businesses, and visitors. Landscape shall be provided as set forth in Article XIV of this chapter. The provision of landscape and buffering shall be subject to review during the development approval process or building permit, whichever occurs first. (1) General character and plant quality. Landscape should primarily consist of shade trees, accentuated by palms, ornamental trees, shrubs, and ground covers. These plants should enhance architectural design, provide shade over pedestrian and parking areas, and offer interest in color and texture. All plants installed shall conform to or exceed the minimum standards for Florida Grade Number One, as provided in the most current edition of Florida's Grades and Standards for Nursery Plants. (2) Open Space. Open space shall be contiguous, except where it serves to connect or extend existing open spaces, usable and accessible to all users of the development. Developments shall prioritize preservation of existing natural features and vegetation. a. Passive recreation areas. Passive recreation areas used to satisfy open space requirements shall be formally planned and designed. Passive recreation uses shall support pedestrian activity by providing access, paths and seating areas. b. Active recreational areas. Active recreational areas are intended to be a versatile area catering to a wide range of age groups and interests, including but not limited to team sports, individual sports, fitness activities, playground, picnicking, and other leisure activities. c. Plazas. Plaza means a pedestrian-friendly open space area that extend the public realm from the street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate pedestrian use, public gatherings and congregations incorporating urban design elements such as special pavers, public art, and water features. No more than 40 percent of the plaza shall be covered with a roof. At least ten percent of the plaza's surface shall be landscaped to provide heat relief. Plazas shall provide at least one sitting place for each 200 square feet of area in addition to any permitted outdoor dining provided. Ground level facades facing a plaza shall avoid blank walls and provide generous glazing and entrances. Rooftops may be used for open space, including sun decks, pool decks, tennis courts, gardens, and outdoor cafes/restaurants. (3) Water features. Water features can be freestanding, or attached to a building wall. The visual aesthetic shall be carefully considered when designing water features. A variety of water feature effects are encouraged, such as the use of bubblers, sprays, falls, and mists. Lighting should accompany water features to add visual interest during nighttime hours and additional security. All water features must conform to local codes and regulations, and shall not have exposed Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 32 of 35 mechanical or electrical equipment. Wet retention areas shall be designed as an amenity to include features such as littoral plantings, overlooks or walking paths. (4) Public art. Public art is encouraged in open spaces to create identity and to celebrate the local art community in the city. Any public art shall be free of sharp edges or obstructive elements that might cause physical harm. Public art location and design is subject to approval by the Planning and Zoning Director or designee. (5) Hardscape elements and site furnishings. The design of hardscape elements and site furnishings such as, walkways, pool decks, shade structures, planters, benches, bollards, bike racks, trash containers, lighting, etc. is subject to the review and approval of the city's administrative official. (6) Pavement treatment. Special paving is an important element within an urban setting. It defines space along the ground plane and contributes to a place's unique sense of identity. Special paving shall be incorporated into plazas and other open spaces. Paving materials shall reflect the intensity of expected pedestrian traffic, aid in circulation routes and create a sense of place. (7) Urban agricultural garden. Urban agricultural gardens are plots of land gardened by a group of people. Such gardens include small gardens where people grow vegetables, as well as tiny street beautification planters on urban street corners. For all their diversity, however, most community gardens share at least four elements in common: land (or a place to grow something); plantings; gardeners; and some sort of organizing arrangements. Land for a community garden can be publicly or privately held. One strong tradition in community gardening in urban areas is cleaning up abandoned vacant lots and turning them into productive gardens. Alternatively, community gardens can be seen as a health or recreational amenity and included in public parks, similar to ball fields or playgrounds. (1) Plazas. a. Definition. Plazas are pedestrian-friendly open spaces that extend the public realm from the street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate public gatherings and congregations. Plazas are usually provided in front of a multistory building, which incorporate urban design elements such as special pavers, public art, architectural elements and water features. b. Size. Plazas shall be a minimum of 2,500 square feet in area. c. Location. Plazas and civic open spaces shall generally be located along major thoroughfares and intersections and shall not interfere with vehicular traffic, pedestrian flow or building activities. Plazas are encouraged in the CC, EDBB-MU, NBHD-MU, and SFED-MU districts to facilitate public gatherings and public congregation. d. Access. Plazas should abut public areas and be physically and visually accessible from the public sidewalks. Security fences, walls, and entry gates should not block the sidewalk edge of the plaza or views into the plaza. The plaza shall be accessible to the public for at least the time of normal business hours. Vehicular access, loading, or parking within the plaza is prohibited. Emergency access drives will be considered through plaza upon review of integration into plaza design. e. CPTED design. Adjacent development should be designed with Crime Prevention Through Environmental Design (CPTED) principles, including natural surveillance considerations, furthered through building orientation and access to the park, and fenestration, in order to encourage use and ensure security. There should be no potential hiding places. Special features, and medium size vegetation shall be implemented with this in mind. Adequate security lighting will also aid in natural surveillance. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 33 of 35 f. Building walls. Ground level facades facing a plaza shall avoid blank walls that are devoid of generous glazing and entrances. g. Rooftops plazas. Rooftops can be used for open space, including sun decks, pool decks, tennis courts, gardens, and outdoor cafes/restaurants. Rooftop open space does not qualify open space credit, although it may qualify for credit as a green building practice. h. Water features. A water feature or public art is required for the open space incentive bonus. The use of water, in a variety of forms adds aesthetic value to the area and a sense of respite. Water features help to mask inhospitable noise, direct attention, cool the microclimate of a space and create a positive image of the area. They can be freestanding features, or attached to a building wall. The visual aesthetic shall be carefully considered when designing water features. A variety of water feature effects are encouraged, such as the use of bubblers, sprays, falls, and mists. Lighting should accompany water features to add visual interest during nighttime hours and additional security. All water features must conform to local codes and regulations, and shall not have exposed mechanical or electrical equipment. i. Public art. Public art is encouraged adjacent to public sidewalks and in open spaces to create identity and to celebrate the local art community in the city. Public art or water feature is required for the open space incentive bonus. Any public art shall be free of sharp edges or obstructive elements that might cause physical harm. Public art shall not be permitted within public pedestrian corridors or sidewalk without the approval of the public services director. j. Special paving. Special paving is an important element within an urban setting. It defines space along the ground plane and contributes to a place's unique sense of identity. Special paving shall be incorporated into plazas and other open spaces. Paving materials shall reflect the intensity of expected pedestrian traffic, aid in circulation routes and create identifiable ground plane associations. There are a variety of materials, colors and shapes available for special paving. Careful consideration should be made in the selection of the materials, colors and shapes for special paved areas, especially in area dedicated for public use. k. Shading. Plazas should have adequate mix of sun vs. shaded area. No more than 40 percent of the plaza shall be covered with a roof. At least ten percent of the plaza's surface shall be landscaped to provide heat relief. l. Seating. Plazas shall provide at least one sitting place for each 200 square feet of plaza in addition to any permitted outdoor dining provided. (2) Pocket parks. a. Definition. A small, mostly passive, urban park that offers shaded seating and can include water features, art or a small playground, and can offer relief from the urban hardscape. They can also serve as tot-lots for adjacent residences. b. Size. Pocket parks range in size from at least 2,500 square feet to approximately one-quarter acre. c. Location. Pocket parks should abut streets and be physically and visually accessible from the public sidewalks. d. CPTED design. Adjacent development should be designed with Crime Prevention Through Environmental Design (CPTED) principles, including natural surveillance considerations, furthered through building orientation and access to the park, and fenestration, in order to encourage pocket park use and ensure security. There should be no potential hiding places. Special features, and medium size vegetation shall be implemented with this in mind. Adequate security lighting will also aid in natural surveillance. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 34 of 35 e. Access. The pocket parks shall be accessible to the public for at least the time of normal business hours. A pocket park shall be exclusive of any vehicular access, loading and parking areas. f. Seating. Pocket parks shall provide at least one sitting place (i.e. seat for one person) for each 200 square feet. g. Shade. An even mix of sun and shade coverage is encouraged. h. Equipment. Plastic playground equipment is discouraged. i. Amenities. The park shall provide a water feature, public art, or playground equipment for incentive credit. (3) Courtyards. See courtyard frontage type under building frontage type standards. (4) Urban agricultural garden. Urban agricultural gardens are plots of land gardened by a group of people. Such gardens include small gardens where people grow vegetables, as well as tiny street beautification planters on urban street corners. For all their diversity, however, most community gardens share at least four elements in common: land (or a place to grow something); plantings; gardeners; and some sort of organizing arrangements. Land for a community garden can be publicly or privately held. One strong tradition in community gardening in urban areas is cleaning up abandoned vacant lots and turning them into productive gardens. Alternatively, community gardens can be seen as a health or recreational amenity and included in public parks, similar to ball fields or playgrounds. (Ord. No. 2010-10-218, § 2(13-80), 4-7-2010) Sec. 34-421 – Crime Prevention through Environmental Design (CPTED) Requirements (a) CPTED Review and Security Measures Requirements. CPTED Review is required for all new development and redevelopment projects. The city provides guidance to developers, architects, and other stakeholders to help them apply CPTED principles effectively. This guidance ensures that CPTED considerations are integrated early in the planning process and are incorporated seamlessly into the design and construction phases, ultimately creating safer and more resilient communities. (b) Crime Prevention Through Environmental Design (CPTED) Principles. Crime Prevention Through Environmental Design (CPTED) is a strategy based on five key principles aimed at deterring criminal behavior and promoting community safety through the design, maintenance, and use of the built environment, as follows: 1. Natural Surveillance. This principle involves designing environments in a way that maximizes visibility and observation. Features such as well-placed windows, lighting, and clear sightlines enable residents, workers, and passersby to easily observe and monitor public spaces. Increased visibility helps to deter criminal activity by creating a perception of being watched and reduces the opportunity for criminals to operate undetected. 2. Territoriality. Territoriality refers to the establishment of clear boundaries and ownership of space. By defining and delineating spaces as belonging to specific individuals, organizations, or communities, CPTED encourages a sense of ownership and responsibility among users. Well-maintained and clearly defined territories are less attractive to potential offenders, as they signal that the area is actively monitored and cared for by its occupants. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 35 of 35 3. Access Control. Access control involves regulating and controlling the movement of people into and within a space. This can be achieved through physical barriers, such as fences, gates, and controlled entry points, as well as through strategic placement of entrances and exits. By managing access points and limiting unauthorized entry, CPTED reduces the opportunity for crime and enhances the perceived safety of the environment. 4. Activity Support. This principle focuses on promoting legitimate and positive uses of space through design and programming. By encouraging activities that are compatible with the intended use of the environment, such as recreational, social, or commercial activities, CPTED reduces the likelihood of criminal behavior. Active spaces with high levels of legitimate activity are less attractive to criminals, who prefer areas with minimal surveillance and low levels of human presence. 5. Management & Maintenance. Effective management and maintenance of the built environment are essential for sustaining the benefits of CPTED over the long term. Regular upkeep, repair, and monitoring of physical features, landscaping, and lighting ensure that the environment remains safe, welcoming, and functional. Active management strategies, such as community engagement, neighborhood watch programs, and partnerships with local law enforcement, help to address emerging issues and maintain a sense of collective responsibility for safety. Sec. 34-422 – Complete Streets Complete Streets review is required for all new development and redevelopment projects. For all development reviews, the Planning and Zoning Division staff will review for adherence to the Miami Gardens Complete Streets Guidelines. Sec. 34-423. Underground utility lines. All electric distribution lines and other utility lines (i.e., telephone, cable, Internet) should be placed underground for all new development and redevelopment, subject to the approval of the utility provider. Secs. 34-421—34-438. - Reserved. Secs. 34-424—34-438. Reserved. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 1 of 19 ARTICLE XIV. - MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES, TREE PROTECTION Sec. 34-440. Landscape permit and plans required. Prior to the issuance of a building permit, a landscape permit application, plans and applicable fees shall be submitted to and approved by the administrative official or his designee. For city installation of landscape and related improvements in rights-of-way, payment of fees shall not be required but shall be submitted to the planning and zoning department for review and approval. The administrative official shall approve, approve with conditions, or deny the permit application. A denial of the permit application may require the applicant to provide additional information or an alternative plan for consideration. (a) Landscape plans. (1) Single-family and duplex residences in the R1 and R-2 districts. In the R-1 and R-2 districts only, a landscape plan is not required for single-family and duplex residences only. Required landscaping, including quantity, size and location shall be submitted in the form of a plot plan or drawing that may be prepared by the owner or the owner's representative. No trees or other plant material may be planted in public rights-of-way (swale areas) without a landscape permit from the city. (2) All other development. Landscape plan(s) shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida. Such plan shall include, at a minimum, the following information: a. The landscape plan shall be drawn to a scale equivalent to that of the site plan or other primary plan required for the building permit. Additional smaller scale (more detailed) landscape sheets may be provided as necessary; b. Property boundaries, north arrow and graphic scale; c. All existing and proposed structures, parking spaces, or other vehicular use areas, access aisles, driveways, coverage of required irrigation systems, utilities location and the location and size of buildings; d. Ground mechanical equipment and screening provided pursuant to section 34-418; e. All landscape and hardscape features clearly identified; f. Parking landscape islands, planting beds and other landscape features properly dimensioned; g. Planting details and specifications; h. Landscape legend form as prescribed by the administrative official or designee, including, but not limited to, the following: i. Site dimensions and landscape calculations; ii. The common and scientific name, as well as the quantity and size specifications of all plant materials to be installed; iii. All applicable information pursuant to section 34-444 (table 1). Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 2 of 19 (b) Vegetation survey. A vegetation survey shall be provided for all sites at the same scale as the landscape plan. The vegetation survey shall provide the following information, and be prepared by an International Society of Arboriculture (ISA) Certified Arborist, Landscape Inspectors' Association of Florida (LIAF) Certified Landscape Inspector, Registered Landscape Architect, or other landscape professional with qualifications accepted by the city. (1) Location and graphic representation. The accurate location and graphic representation by size diameter at breast height (DBH), canopy, and type of tree, in relation to existing development of all existing trees of a minimum two inches DBH or ten feet in height or, for native trees, of a minimum one and one-half inches DBH or eight feet in height, including those which are proposed to be removed, relocated or preserved on-site in accordance with the requirements of landscape regulations. (2) The boundaries of any native habitat, native plant community, native plant species, and/or natural forest community (as defined and described in Chapter 24 of the Miami Dade County Code) and associated understory that exists on site, as determined by the planning and zoning administrative official. (3) Table. A table showing the following information: a. The scientific and common name of each tree, each of which shall be numbered; b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all (calculated by taking the square root of the total of the square of each trunk diameter: √(1st Diameter2 + 2nd Diamter2 + 3rd Diameter2 , etc.); c. Estimated height, canopy cover, and physical condition of each tree, and whether specimen trees exist on-site. (c) Irrigation plan required. (1) Single-family and duplex residences in the R1 and R-2 districts. Irrigation shall be provided for all landscape areas for single-family or duplex dwelling, and shall include irrigation for swale areas. For single-family and duplex residences in the R1 and R-2 districts, the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's agent indicating area to be irrigated, locations and specifications of lines and heads and pump specifications. (2) All other development. Irrigation shall be provided for all landscape areas, including swale areas. An irrigation plan shall be required to show the following: a. Be drawn on a base plan at the same scale as landscape plans. b. Delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles, sidewalks, driveways, the location of utilities and easements, and similar features. c. Include water source, design, operating pressure and flow rate per zone, total volume required for typical depths of application, and application rate. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 3 of 19 d. Include locations of pump pipes, controllers, valves, sprinklers; back flow prevention devices, rain sensor/shutoff devices and electrical supply and irrigation details. e. Delineate landscape areas, major landscape features, and hydrozones. (d) Tree protection plan. This plan shall be presented as part of the tree permit and shall be required for all trees proposed for removal, relocation, or with ground-disturbance or canopy removal proposed within ten feet of the trunk for non-specimen trees, or within 20 feet of the trunk of specimen trees. It shall include: (1) Designation of each tree subject to the tree protection plan. For each tree, the canopy shall be shown to scale, along with the critical root zone (CRZ), calculated at eight inches in radius from the trunk for each inch in trunk diameter; (2) The reasons for impacts proposed to the canopy or within the CRZ; (3) Detailed description of the proposed efforts to protect the trees from damage, which may include tree protection fencing and signage, root pruning, supplemental irrigation, relocation of proposed construction activities and construction monitoring by a certified arborist; and (4) A plan to ensure long-term survivability of trees covered in the plan. (e) Consideration of credits for existing plant material. In instances where healthy plant material exists on a site, and is to be retained, the administrative official or his designee may adjust the application of the minimum requirements to allow credit for or consideration of such plant material, if such an adjustment is in keeping with and will preserve the intent of this chapter. When allowances are given, in no case shall the quantities of existing plant materials retained to be less than the quantities required in this chapter. In such cases, the applicant shall provide a survey specifying the species, approximate height and caliper, as well as the location and condition of any plant material used as a basis for requesting this adjustment. Any adjustment shall be based on unique circumstances applicable to the plot in question with the object of such adjustment being to preserve existing vegetation or to maintain a tree canopy. (Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 4 of 19 Sec. 34-444. Landscape, buffering minimum standards. (a) Landscape manual reference. The city's landscape manual, which from time to time may be revised, shall be made available to the public, as referenced in this chapter, and shall provide an illustrative and descriptive interpretation of the standards set forth in this chapter and suggested guide for landscaping and irrigation in accordance with the standards and requirements of this chapter. All plant material and installation requirements shall be consistent with the landscape manual. When street, shade, palm, trees, and hedging, sods and other vegetation are referenced in this article, same shall be installed shall be consistent species as with those species listed in the landscape manual, unless otherwise specified. The county's landscape manual shall serve as the city's landscape manual pertaining to sections or terms not provided in the city's landscape manual. If a conflict arises between the landscape manual and this chapter, the latter shall prevail. (b) Prohibited and controlled tree species. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree requirements. Prohibited trees shall be removed from the site. (c) Generalized minimum landscape and buffering table. The following table shall be used as general interpretation of the required minimum landscape and buffering standards for the underlying zoning district that all development shall comply with. Further regulations for specific uses may be found under each zoning district regulations that shall be complied. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 5 of 19 Table 1: Minimum Landscape and Buffering Standards Generalized Table Zoning district/ landscape requirement R-1 R-2 R-15 R-25 R-50 NC BTO PCD OF I-1 I-2 INN PD G P PAC E EO Shade trees (see section 34-445) Min. 3 per lot Min. 3 per lot 28 per net acre 28 per net acre 28 per net acre 28 per net acre 22 per net acre 22 per net acre 22 per net acre 28 per net acre N/ A N/A 20 per net acre Shade trees— Off-street parking areas (see section 34-445) N/A N/A 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island 1 per req. landscap e island N/ A N/A 1 per req. landscap e island Street trees (see section 34-445) 1 per 30' lot frontag e 1 per 30' lot frontag e 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage 1 per 30' lot frontage N/ A N/A 1 per 30' lot frontage Shrubs/hedgi ng (see section 34- 445) 10 per req. shade tree 10 per req. tree per req. shade tree 10 per req. tree 10 per req. tree 10 per req. tree 10 per req. tree 10 per req. tree 10 per req. tree 10 per req. tree 10 per req. tree N/ A N/A 10 per req. shade tree Sod, lawn area, ground cover (see section 34- 445) Require d Require d Required Required Required Required Required Required Required Required N/ A N/A Required Landscaped open space (see section 34-445) N/A N/A Min. 20% Min. 30% Min. 30% Min. 18% Min. 30% Min. 10% Min. 10% Min. 10% Min. 30% N/ A N/A Min. 18%; Min. 10% for propertie s greater than 40 acres Private open space see section 34-445 see section 34-445 see section 34-445 N/A (see section 34-445) N/A N/A N/A N/A (see section 34-445) N/ A N/A (see section 34-445) Common open space (see section 34-445) N/A N/A Min. 20% Min. 30% N/A N/A N/A N/A N/A N/A Min. 30% Per Article XVI, Table 2 N/ A N/A N/A Landscape buffers— Front yard/ROW (see section 34-445) N/A N/A Min. 10′ Min. 10′ Min. 11′—21′ (see section 34-589) Min. 10′ Min. 5′ Min. 5′ Min. 5′ Min. 10′ N/ A N/A Min. 11′—21′ max. (see section 34-589) Landscape buffers—Side yard (see section 34- 445) N/A N/A Min. 5′ Min. 5′ Min. 0′—10′ (see section 34-589) Min. 5′ Min. 5′ Min. 5′ Min. 5′ Min. 5′ N/ A N/A Min. 0′— 10′ max. (see section 34-589) Landscape buffers—Rear yard (see section 34- 445) N/A N/A Min. 10′ Min. 10′ Min. 7.5′—10′ (see section 34-589) Min. 10′ Min. 5′ Min. 5′ Min. 5′ Min. 10′ N/ A N/A Min. 7.5′—10′ max. (see section 34-589) Landscape buffers—Off- street parking areas (see section 34- 445) N/A N/A Min. 7′ Min. 7′ Min. 0′—10′ Min. 7′ Min. 7′ Min. 7′ Min. 7′ Min. 7′ N/ A N/A Min. 0′— 10′ max. Landscape islands—Off- street parking areas (see section 34- 445) N/A N/A 1 per every 10 req. parking spaces 1 per every 10 req. parking spaces 1 per every 0—10 req. parking spaces 1 per every 10 req. parking spaces 1 per every 10 req. parking spaces 1 per every 10 req. parking spaces 1 per every 10 req. parking spaces 1 per every 10 req. parking spaces N/ A N/A 1 per every 10 req. parking spaces ( Ord. No. 2020-001-420 , § 2(Exh. A), 1-22-2020; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 6 of 19 Sec. 34-445. Landscape and buffering specifications. The landscape and buffering requirements are subject to the following criteria and subject to certain exceptions, which shall be depicted on landscape plans and related plans as needed to demonstrate compliance. (a) General character and plant quality. (1) Landscape plantings shall consist primarily of shade trees accented by palms, ornamental trees, shrubs, and groundcover in order to maximize shade over pedestrian and parking areas, to reduce air conditioning requirements for buildings, and to provide aesthetic enhancement; (2) Plants installed pursuant to this Code shall conform to or exceed the minimum standards for Florida Grade Number One, as provided in the most current edition of Florida's Grades and Standards for Nursery Plants; (3) Landscape plantings shall utilize the principals of Florida Friendly Landscaping to minimize irrigation and maintenance needs; (4) Landscape plantings shall be designed to minimize maintenance requirements due to conflicts with roots and branches, and to allow for typical growth forms of trees, palms, and shrubs. (5) The landscape design shall provide large, small shrubs and groundcover plantings to achieve a layering of plants. Landscape designs shall seek to utilize complimentary plant types, create pedestrian-friendly spaces, maximize shade, limit overutilized species, and enhance the unique character of each site. The city's landscape manual may contain additional provisions to guide design. Landscape plans which do not meet these design guidelines may not be approved until changes are made to meet the guidelines. (6) Trees shall be spaced from each other as well as structures and utilities in order to provide for adequate canopy growth typical of each species, including for street trees and off-street parking area trees. In general, large shade trees (live oak, mahogany) shall have at least 12 feet on each side, medium sized trees (green buttonwood, pink trumpet tree) shall have at least ten feet on each side, and small trees (crabwood, crape myrtle) and palm trees (sabal palm, coconut palm) shall have at least six feet on each side. In order to allow for adequate root space, a minimum of one-half of the minimum canopy space listed above must be pervious available root space, provided on all sides. (7) All landscape areas (other than sod) must receive a three-inch layer of mulch at the time of installation. For shrub and groundcover beds, the mulch shall be placed throughout the bed. For trees including street trees, mulch shall be placed in a circle to three feet on each side, with a three-inch gap between the trunk and the mulch. Cypress mulch shall not be used. (b) Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards: (1) All trees, shall be a minimum of 12 feet high and have a minimum caliper of three inches at time of planting and four feet of clear trunk; (2) Thirty percent shall be native species; (3) Fifty percent shall be low maintenance and drought tolerant; and (4) No more than 30 percent of required shade trees shall be palms, where every three palms shall equal one required shade tree; Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 7 of 19 (5) Eighty percent of the trees used shall be listed in the city's landscape manual; (6) Minimum species diversity standards. The number of species to be planted shall be based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity standards. Table 2 Minimum Diversity Standards Required Number of Trees Minimum Number Species 1—5 trees 2 species 6—10 trees 3 species 11—15 trees 4 species 16—21 trees 5 species 21—30 trees 6 species 31 or more trees 7 species (7) Residential shade trees. Trees shall be planted as to provide shade to residential structures that are of a height of 35 feet or less. The landscape architect shall provide a statement demonstrating how specific landscape trees have been used to promote energy conservation. All exterior air conditioning units, except for air conditioning units placed on the roof, should be shaded by trees and/or shrubs as referenced in the city's landscape manual. (8) Shade trees, off-street parking areas. A minimum of one shade tree shall be provided per required landscape island in parking lots. The provision of shade trees in off-street parking areas shall count towards the required number of shade trees, otherwise required. (9) Shade trees, grassed areas. Grassed areas that are to be used for organized sports such as football and soccer or other similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted as part of the net lot area for the purpose of calculating tree requirements. (c) Street tree requirements. (1) Height, spacing and species. Street trees shall be of a species as listed in the landscape manual and which normally mature at a height of at least 20 feet. Street trees shall have a minimum clear trunk of four feet, an overall minimum height of 14 feet and a minimum caliper of three inches at time of planting, and shall be provided along all roadways individually or clustered, with a maximum average spacing of 30 feet on center, except as otherwise provided in these tree regulations. The 30-foot average spacing requirement for multiple single-family units such as zero-lot-line and townhouse units shall be based on the total linear footage of roadway for the entire project and not based on individual lot widths. Street trees shall be planted no further apart than 60-foot intervals and no closer than 18 feet apart depending on the species. (2) Location. Street trees shall be installed on private property within seven feet of the property line. Street trees planted along private roadways shall be placed within seven feet of the edge of roadway pavement or, where present, within seven feet of the sidewalk. Appropriate types of Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 8 of 19 street trees shall be in compliance as listed in the landscape manual. Root barriers shall be placed along the edge of the sidewalk or roadway for all newly planted street trees. (3) Maintenance of street trees. When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas including the trees, plants and sod, using pruning methods specified in this chapter. Where the city determines that the planting of trees and other landscape material is not appropriate in the public right-of- way, they may require that said trees and landscape material be placed on private property. (4) Exceptions. a. Power lines. Where the height and location of overhead power lines require the planting of low growing trees, street trees shall have a minimum height of eight feet, a minimum caliper of two inches at time of planting with a maximum average spacing of 25 feet on center. b. Street lights. No street trees shall be located closer than 15 feet from street lights, no palms may be closer than seven feet. c. Electric, utility lines. The spacing of trees from electric utility lines must follow those guidelines established by Florida Power and Light publication Right Tree, Right Place, available from the public works office. (d) Shrubs, hedging. A continuous, extensively planted greenbelt of shrubs and hedging shall be provided along all property lines abutting a public right-of-way in accordance the following minimum standards, except as permitted as set forth in section 34-446: (1) A double row of shrubs shall be planted to create a layered effect, with the row closest to the public right of way maintained at a maximum height of two feet, and the interior maintained at a maximum height of four feet. All shrubs shall be a minimum of 18 inches in height when measured immediately after planting. Shrubs shall be provided at a minimum ratio of ten per required tree, with enough density such that shrub branches touch their adjacent neighbor at the time of planting. Of the provided shrubs at least: a. Thirty percent shall be native species and no more than 25 percent of the total number of required shrubs shall be of the same species; b. Fifty percent shall be low maintenance and drought tolerant; c. Eighty percent shall be listed in the city's landscape manual. d. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maximum average spacing of 30 inches on center or if planted at a minimum height of 24 inches, shall have a maximum average spacing of 48 inches on center and shall be maintained so as to form a continuous, unbroken and solid visual screen within one year after time of planting, except penetrated only at approved points for ingress or egress to the property. Shrubs used as a buffer, visual screen, or hedge need not be of the same species; d. The height of any hedge may be allowed to exceed four feet up to a maximum of eight feet, if maintaining the hedge in this manner does not violate CPTED principals for the location. The design height of all shrubs must be included in the maintenance plan for the site; Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 9 of 19 e. Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines. f. Exception: In PCD EO, hedge not required to be continuous. (e) Sod, lawn areas, ground cover. All residential lawn areas, landscape open spaces, landscape buffers, and all other areas not occupied by structures or vehicular use paving shall be planted with sod, lawns, or ground cover in compliance with the following standards: (1) Sod and lawn areas. Sod and lawns shall be planted in a species well adapted to localized growing conditions in the city. Lawn areas may be sodded, plugged, sprigged, hydro mulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used, over seeding shall be sown for immediate effect and protection until coverage is otherwise achieved. Property owners are encouraged to limit lawn areas to no more than 25 percent of the area of the site unless there is a dedicated use requiring sodded areas (such as a sports field). (2) Ground covers. Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year after planting. (3) Other species and materials in lieu of grass may also be permitted providing such meets the approval of the administrative official. In general, pavement and stone are not acceptable as ground covers. (f) Private open space. (1) Private open space is required for each single-family residence, each duplex unit, each attached unit (multi-family or townhouse) or detached unit that has direct ground floor access. Said space shall be for the exclusive recreational or leisure use of the inhabitants of the dwelling unit, and shall be located immediately adjacent to the unit, and designed in such a way as to provide privacy from adjacent dwelling units. (2) Private open space shall be in addition to the common open space required and the amount of such open space shall be 800 square feet for each single-family detached unit and duplex unit. Multi-family development consisting of units with ground floor access shall provide a minimum of 200 square feet of private open space consisting of a covered private patio or screened porch for each unit regardless of the number of units in the development. Townhouse development shall provide 300 square feet of private open space minimum for interior lots and 500 square feet for corner lots consisting of a covered private patio or screened porch for each unit regardless of the number of units in the development. Said private open space shall be in addition to the common open space required and the amount of such space shall be 500 square feet of each attached unit (townhouse) or each duplex unit, and 800 square feet for each single-family detached unit. (3) Provisions shall be made in the sale or rental of such units that such private open space is for the exclusive use of the unit concerned. (4) A maximum of one tree and no shrubs shall be planted within the private open space in efforts to meet minimum landscape requirements. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 10 of 19 (g) Landscape open space. Developments shall provide the minimum open landscape areas in compliance with the following standards: (1) The required landscape open space shall be calculated on the net lot area. (2) The provision of all sod, lawn area, ground cover, landscape buffers, off-street parking landscape islands shall be computed towards the required landscape open space requirement. (3) 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. (4) The specific areas within enclosed or unenclosed building areas 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. (5) Landscape open space areas may also include tree preservation zones of "natural forest communities" as defined in chapter 24-5 of the county Code. (h) Common open space. Common open space shall be provided in compliance with the following: (1) Of the required common open space 50 percent of said space may shall be unencumbered with any structure and shall be landscaped with vegetation. (2) The remaining 50 percent may be used as swimming pools, tennis courts, shuffleboards, pedestrian walks, entrance features, playgrounds, picnic areas, and other recreational uses that are and shall be for the general use of all residents and visitors of the development. (3) Common areas within residential zoning districts such as amenity centers, project entrances, and miscellaneous open spaces including, but not limited to, tot lots and recreation areas, shall have a minimum of one tree and 20 shrubs for each 2,000 square feet of site area or portion thereof, and shall not utilized for structures or vehicular use areas; (4) Multifamily, townhouse and single-family residential developments of ten units or more shall provide at least three of the following site amenities: courtyard or pedestrian plaza; walking, jogging and biking trail; seating areas; picnic facilities; outdoor playground; dog park; athletic fields, sports courts; pool and clubhouse. Site amenities shall provide appropriate lighting to meet the requirements of Crime Prevention through Environmental Design (CPTED) principles. (i) Landscape buffers. A continuous landscaped greenbelt, except for penetrations for permitted ingress and egress points at the width set forth in the article shall be provided within the required yard setback areas, and should be designed as stormwater filters or bioswales in compliance to the following standards, except as otherwise be permitted as set forth in article XV of this chapter: (1) Encumbrances. Buffers may be encumbered by site infrastructure improvements, utilities, but may not be encumbered by any accessory structure. (2) Fences and walls. Buffers may be encumbered by fences and walls in compliance with this chapter. (3) Design. Design of landscape buffers must be in accordance with guidance from the city's landscape manual for aesthetic quality and to provide adequate screening and a layered effect. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 11 of 19 (4) Landscape berms shall be used to buffer under the following conditions: a. parking and bay areas within industrial developments, b. when the rear yard faces the right of way within townhome or multifamily development and c. as determined by the Planning and Zoning Director or designee. (j) Off-street parking areas. (1) All required parking area landscaping shall require protection from vehicular encroachment by placing curbing (type D or F) or car stops at perimeter parking at least two feet from the edge of such landscaped areas. Other landscaped areas abutting curved or angular drives shall be curbed. Where the landscape easement abuts onsite vehicular use areas such as traffic lanes, the landscape easement shall be separated from the traffic lanes by continuous concrete curbing with an 18-inch depth below grade. Extruded curbing installed on top of the paving is prohibited. Landscaped areas or islands shall contain clean fill and topsoil to at least the top of the curb. (2) Exceptions. Where a setback of less than the required buffer areas is permitted the landscape buffer shall be reduced accordingly. (3) Landscape islands, off-street parking areas. Landscape islands shall be provided within off-street parking areas in compliance with the following standards, except as set forth in section 34-532: a. Landscape islands shall be calculated as one island per every ten required parking spaces; such requirement shall be rounded down to the nearest ten parking spaces; except as provided in section 34-532 for properties zoned PCD. A curbed landscape island shall be provided at each end of each row of parking stalls. b. Landscape islands spacing may vary, but shall not be spaced more than 15 parking spaces apart, except as provided in section 34-532 for properties zoned PCD. c. Landscape islands shall be a minimum width of eight feet wide, not including any curbs, and shall be a minimum length of 13.5 feet in length, not including any curbs. If landscape island widths are increased to a minimum of ten feet, then one island shall be required for every 15 parking spaces. d. Landscape islands shall be computed towards the required open space requirement. e. The soil under landscape islands shall not be compacted. If previously compacted due to site grading, landscape islands shall be excavated to a minimum depth of 24 inches below grade with soil replaced in a loose, friable condition. f. A continuous landscape strip a minimum width of five feet, at grade, located between two rows of head-to head parking, may be used in lieu of landscape islands for both rows. Wheel stops shall be used at two feet from the edge of the landscape strip, to prevent vehicular encroachment. These landscape strips may concurrently be used as drainage features, provided the tree species and infrastructure locations do not create conflicts. g. Shade trees, off-street parking areas. A minimum of one shade tree shall be provided per required landscape island in parking lots. The provision of shade trees in off-street parking areas shall count towards the required number of shade trees, otherwise required. (k) Ground-mounted equipment, walls, and storage areas screening. All ground-mounted mechanical equipment, storage areas, walls, fences, and common trash receptacles shall be screened from view other than the side providing access, using trees, shrubs, and/or hedges in addition to the common Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 12 of 19 area requirements. Landscape plans shall clearly identify the locations of the features which are required to be screened and the type of screening provided per section 34-418. (Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020) Sec. 34-446. Fences, walls and perimeter hedges; sight triangles. (a) Public safety. No fence, wall or hedge shall be constructed or maintained within three feet of a fire hydrant, water connection, or other emergency apparatus placed for the purpose of fire protection. Fences, walls or hedges shall not be placed within the area required by applicable fire and life safety codes to be clear and unobstructed for passage of emergency vehicles or for the ingress and egress of persons or animals. (b) Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district. The top surface of any chain link or cyclone fence shall be crimped to eliminate the exposure of sharp edges. All other use of barb wire, electrical elements or other hazardous materials shall only be allowed after administrative variance or waiver approval as set forth in section 34-50. (c) Permits required. All fences, walls, or hedges, shall comply with appropriate zoning clearance and building permit procedures. A certificate of occupancy or certificate of use shall not be issued until all required fences, walls, or screening hedges are erected, constructed, or installed. (d) Maintenance. All fences and walls shall be maintained in a safe and nonhazardous condition. (e) Location on property lines. (1) Except as hereinafter restricted, all walls, fences or hedges may be placed on the property lines. This section, however, shall not be construed to permit such walls, fences to extend beyond the official right-of-way lines or property lines. (2) No fence, wall, gate, or opening shall be permitted to swing, roll or otherwise encroach into the right- of-way. (3) In PCD, NC, OF and residential districts In PCD, NC and OF the installation of all fences and walls abutting a right-of-way shall be setback a minimum two feet from the property line and shall be landscaped accordingly with a continuous hedge as set forth in this section, except that off-street parking areas abutting rights-of-way shall comply with landscape and buffering and wall requirements set forth in this section. (f) Materials. (1) Chain link prohibition in front yards. Chain link fence prohibited in all district's front yards, side street yards. Notwithstanding anything in the code to the contrary, chain link fences shall only be permitted behind the front building line. Chain link shall not be permitted along property lines abutting the right- of-way. It is provided, however, that the aforementioned restriction on chain link fences shall not apply in I-1, I-2, GP, or AU zoning districts with bona fide agricultural use. All chain link fences must be vinyl coated color green or black. Bare metal or galvanized chain link fences are prohibited. (2) Fences for vacant properties. Fences for vacant lots shall only be split rail type fencing subject to approval by the Planning and Zoning Director or designee. The proposed fencing may be supplemented with street trees and must allow complete visibility of the property to prevent cover from illicit activities. The purpose of this type of fencing is for long-term vacancy management rather than temporary construction needs. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 13 of 19 (g) Fence, wall, hedge maximum height. Zoning District R-1 R-2 R-15 R-25 R-50 NC PCD* OF I-1*** I-2*** INN PD** AU G P PACE EO Fence, wall, hedge heights— Maximum Max. 6′/ma x 5' front yard; hedge s 8′ Max. 6′/max . 5' front yard Max. 6′; hedge s 8′ Max. 8′; hedge s 8′ Max. 8′; hedge s 8' Max. 8'; hedge s 8′ Max. 8′; hedge s 8′ Max. 8′; hedge s 8′ Max. 8′; hedge s 8′ Max. 8′; hedge s 8′ Max. 6′; hedge s 8′ N/ A N/A Max. 8′; hedges 8′ Increase and decrease of height. Fence, wall, and hedge heights shall be increased, or decreased for compliance with the following: (1) Double frontage lots. When a higher wall, fence or hedge is required as a visual screening buffer at the rear of double frontage lots as set forth in this chapter, such fence or wall may be increased to a height of eight feet, if not otherwise permitted in the underlying zoning district. (2) Height at intersection. Fences, walls, or hedges shall not exceed two and one-half feet in height within the safe sight distance triangle, as defined herein this chapter. (3) Height limitation. The height of fences, walls, and hedges shall not exceed two and one-half feet in height within ten feet of the edge of driveway leading to a public right-of-way, except that in the R district a fence may be permitted up to the maximum permitted height providing such fence is a maximum 25 percent opaque, and no other structures or portions of the fence, wall interferes with the safe distance visibility triangle. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 14 of 19 Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 15 of 19 (4) Fences for tennis courts; fences and walls for other recreational uses. Fences, and walls for tennis courts may be erected up to 14 feet in height if such fence conforms to accessory use setbacks. Fences and/or walls in connection with other permitted recreational uses, such as baseball backstops, handball courts, and the like, shall be permitted of a height necessary for the particular use if required accessory use setbacks are observed. (h) Measuring height of wall, fence, and hedge. The height of a wall, fence or hedge shall be the vertical distance measured from the average elevation of the finished building site to the top of the wall, hedge or fence. The average elevation shall be measured along both sides of the wall, hedge or fence line. Virgin land may not be increased or decreased to affect the permitted (or required) height of a wall, hedge or fence unless the entire building site is graded to even out the level of the site or to increase it to the required the county flood criteria elevation. Average elevation shall be determined by taking elevations along both sides of the wall, hedge or fence line, at five-foot intervals and totaling the same and then dividing the total by the number of stations at which the elevations were taken. Decorative columns, or other types of architectural features shall not be measured as the fence or wall height provided said decorative columns or other types of architectural features do not exceed 20 percent of the permitted height of the fence or wall. (i) Sight triangle. The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half feet or more above pavement; potential obstructions include, but are not limited to, structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, walls and fences. The following table represents minimum criteria for determining the required area of cross-visibility: Safe site distance triangles are required at each intersection of public roads or entrance from a private road or driveway onto a public Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 16 of 19 road. Safe site distances triangle areas are calculated from the viewpoint of a car that will be turning onto or crossing the public road, as shown in the table and graphics below. No proposed landscape vegetation that is 2.5 feet tall or taller (or that will grow above 2.5 feet) may be proposed within the safe site distance triangle. No hardscape elements (rocks, walls, fences, etc.) 2.5 feet tall or taller may be proposed within the safe site distance triangle. Requests for waivers of the site triangle requirements must be made in writing to the Director of Public Works. Table 3: Safe Sight Distance Triangle Required Visibility Functional Classification of Through Street Left (ft.)* Right (ft.)* Depth on Minor Street (ft.)** Local 0 0 0 (50-foot or less right-of-way) (Triangle lies within public right-of-way) Collector (60—70-foot right-of-way) 190 40 7 Arterial (80-foot or over right-of-way) 260 40 7 Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 17 of 19 Table interpretations and waivers of the above requirements shall be made in writing by the director of the public works department. Visibility distances measured from center line of minor street, along right-of-way line of through street. Depth visibility on minor street measured from right-of-way line of through street, along center line of minor street (public or private street). Table 3: Safe Sight Distance Triangle Measurements Type of “Through Street” Site triangle measurements* Side A Side B Local road (Right of way 50 feet wide or less) None None Collector road 190 feet 40 feet (Right of way more than 50 feet, less than 80 feet) Arterial road 260 feet 40 feet (Right of way more than 80 feet wide) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 18 of 19 *Begin site triangle from a point in the center of the lane or driveway entering the through street, 14 feet back from the edge of the closest travel lane of the through street. The length of Side A is determined by measuring from the starting point and going perpendicular to the left. The actual corner (Corner A) of the triangle is placed at the center of the closest travel lane approaching from the left. The length of Side B is determined by measuring from the starting point and going perpendicular to the right. The actual corner (Corner B) of the triangle is placed at the center of the closest travel lane approaching from the right. Sec. 34-447. – Tree preservation and protection permit (d) Review and evaluation of permit application. (2) Upon receipt of a completed permit application, the administrative official or designee shall may review documentation provided by the applicant and/or visit the site and determine or confirm whether the site Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2023-03-03 12:53:45 [EST] (Supp. No. 14) Page 19 of 19 contains specimen trees or any other trees subject to the provisions of these regulations. The official will may examine: a. Specimen tree standard. A specimen tree is hereby defined as having a trunk which measures 18 inches or more in DBH or multiple trunks which collectively measure 18 inches or more in DBH, and based on its health, condition, and species is able to contribute positively to the surrounding community. In general, trees that are listed as Category I Invasive by the FLEPPC and those in poor condition are not considered specimens. The standards to be applied in reviewing tree removal applications involving specimen trees are as follows: Specimen trees shall be preserved. Upon receipt of an application to remove a specimen tree, the administrative official or designee shall consider the following factors in evaluating said application: i. Size and configuration of the property. ii. Size and configuration of any proposed specimen tree. iii. Location of the tree relative to any proposed development. iv. Whether or not the tree can be preserved under the proposed plan or any alternative plan. v. Health, condition and aesthetic qualities of the tree. vi. Whether the tree poses a threat to persons or property. The administrative official or designee may recommend from time to time the designation of certain trees located within the city as specimen or historic trees, regardless of size or species, including Category I invasive species. The Director of the Planning Department or designee in addition, the matter shall be presented to the city council for its determination. The city council shall consider the report of the of the administrative official and shall either accept, modify or deny the recommendation and may designate by resolution those trees it deems appropriate as specimen or historic trees. The city council may designate by resolution protected trees, specimen trees, and/or historic trees as defined herein. Any tree which has been declared to be a specimen protected tree in this manner shall be subject to all of the specimen tree protection and other provisions for specimen trees within the city code, and shall not be considered as a non-specimen tree, Category I Invasive, prohibited, or other lower protection status that could otherwise be applicable. not be removed unless approved by the city council. Sec. 34-448. – Procedures for determining tree replacement requirements. (f) Replacement of specimen trees. (5) Exemptions. An applicant A tree/trees may be exempted from the alternative plans and replacement requirements above, but subject to the (non-specimen) tree replacement requirements above, if all of under the following circumstances are met: a. Receipt of Upon submittal of a statement from a certified arborist which indicates that a specimen tree, due to disease, condition, growth habit, listing as Category I Invasive by the FLEPPC, or any other reasonable botanical factor, does not provide the aesthetic or environmental contribution associated with a specimen tree, or site-specific factor outside of the control of the current and previous property owners or current applicant which makes the tree non-viable. Said statement shall include the specific reasons for the claimed exemption from the provisions of these regulations. b. The Planning Department Director or designee reviews and approves the statement from the certified arborist; concurring that the tree/trees should not be considered as specimen(s). Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Miami Gardens, Florida, Code of Ordinances (Supp. No. 15) Created: 2024-05-16 13:42:08 [EST] Page 1 of 27 Subpart B - LAND DEVELOPMENT CODE Chapter 34 - ZONING AND LAND DEVELOPMENT ARTICLE XV. PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) AND ENTERTAINMENT OVERLAY DISTRICT (EO), STADIUM DISTRICT (S) AND BUSINESS TRANSITIONAL OVERLAY DISTRICT (BTO) ARTICLE XV. PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) AND ENTERTAINMENT OVERLAY DISTRICT (EO)1, STADIUM DISTRICT (S) AND BUSINESS TRANSITIONAL OVERLAY DISTRICT (BTO) DIVISION 1. PURPOSE, INTENT AND APPLICABILITY Sec. 34-471. Purpose. The broad purpose of this zoning district is to unify the various zoning classifications and regulation of the city's major street corridors in order to achieve coordinated city-wide development and redevelopment outcomes that improve the quality of life for all residents and have the overall effect of increasing property values throughout the city and establishing a "sense of place" unique to Miami Gardens. The PCD applies to land abutting the following corridors, each of which is a distinct sub-area of the PCD district: (1) U.S. 441/S.R. 7. (2) Palmetto Expressway frontage roads. (3) N.W. 27th Avenue. (4) Golden Glades. (Ord. No. 2010-10-218, § 2(15-10), 4-7-2010) Sec. 34-472. Detailed intent. (a) The intent of this district is to transform the city's major transportation corridors into attractive and vibrant places, consistent with the principles of transit-oriented development (TOD) in order to capitalize on the high level of regional bus transit serving the corridors. Since the majority of new development and redevelopment within the city will arguably occur within the PCD, sustainable building practices should prevail. It is further intended that the intense corridor development protect and enhance the established single-family residential neighborhoods adjacent to the corridor that comprise the majority of the city's urban fabric. (b) TOD offers a means of continued growth and redevelopment based upon a transit-oriented mobility strategy that makes it possible to live a higher quality life without complete dependence on a car for mobility. The PCD is intended to accomplish this intent of this article through the following requirements and incentives: (1) Encouraging transit-supportive density and intensity; (2) Encouraging mixing of residential and commercial uses within buildings, parcels, or both; (3) Fostering a positive pedestrian experience thorough the provision of wide, attractive and shaded sidewalks, limiting curb cuts, encouraging buildings that abut the sidewalk and contain ground-story 1Editor's note(s)—Sec. 2, Exh. A of Ord. No. 2015-03-333, adopted March 25, 2015, retitled art. XV to include the Entertainment Overlay District (EO). Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 2 of 27 retail, service and entertainment uses with substantial cross-visibility between the sidewalk and the building interiors); (4) Introducing substantial thematic greenery to the major corridors; (5) Encouraging multiple-story buildings and trees along the street edge in order to clearly and consistently define the edges of the streets and introduce a sense of enclosure, which tends to slow vehicular traffic and bring a more pedestrian-scale to the corridors; (6) Encourage the use of common architectural elements within the district; (7) Encourage sustainable building practices; (8) Enable quality development of substandard lots through specialized development standards; and (9) Ensure that buildings and development sites transition compatibly to adjacent residential neighborhoods. (Ord. No. 2010-10-218, § 2(15-20), 4-7-2010) Sec. 34-473. Applicability. The regulations of this article shall apply to all development and redevelopment of land designated PCD on the zoning map, as divided into four distinct geographical areas for purposes of regulation: N.W. 27th Avenue Corridor; S.R. 7 Corridor; Palmetto Road Corridor; and Golden Glades Interchange. (Ord. No. 2010-10-218, § 2(15-30), 4-7-2010) Sec. 34-474. Reserved. Editor's note(s)—Sec. 2(Exh. A), of Ord. No. 2014-02-314, adopted Jan. 8, 2014, deleted § 34-474, which pertained to the master plan and derived from Ord. No. 2010-10-218, adopted Apr. 7, 2010; and Ord. No. 2011-25-267, adopted Nov. 2, 2011. Secs. 34-475—34-501. Reserved. Secs. 34-471—34-598. Reserved. Secs. 34-503—34-527. Reserved. DIVISION 3. INCENTIVES FOR PROVIDING DESIRED DEVELOPMENT FEATURES Sec. 34-528. Intent. A system of incentives is hereby established to achieve the intent of this article. Development within the Planned Corridor Development Zoning District may provide specified amenities above minimum code requirements, which may then be exchanged for specific bonuses. The specific amenities for which bonuses may be earned are listed in section 34-591. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 3 of 27 (Ord. No. 2010-10-218, § 2(15-60), 4-7-2010) Sec. 34-529. Maximum allowable development intensity without incentives. (a) Height of two stories, except four stories is permitted within the Golden Glades sub-area. (b) Floor area ratio of 0.50. Note: FARs in excess of 0.50 is permissible only for mixed-use developments. (c) Density of 16 du/ac, except 26 du/ac within the Golden Glades sub-area. (d) Impervious area of 70 percent. (Ord. No. 2010-10-218, § 2(15-70), 4-7-2010) Sec. 34-530. Development features that qualify for incentives. Bonuses are awarded for developments that provide the following features, pursuant to the schedule of incentive bonuses in section 34-531. (1) Constructing at the build-to-line. This feature requires that off-street parking is located in the rear yard, interior side yard, or both, and that the building is located adjacent to the sidewalk. A specific cross- section has been established for this option. (2) Constructing mixed-use development. Mixed-use development is subject to section 34-591, regardless of whether an incentive bonus is sought. It is important to note that the maximum floor area ratio that can be achieved without constructing for mixed use is limited to 0.5. (3) Providing improved urban open space. Plazas, greens and pocket parks are urban open spaces that qualify for incentive bonuses. The city shall determine, at its sole discretion, when to award an incentive bonus for urban open space, pursuant to the urban open space design standards in section 34-420. (4) Complying with the architectural guidelines. The city council may adopt architectural standards by resolution, for which compliance is voluntary, and bonuses are awarded as an incentive for compliance. (5) Providing market rate dwelling units. Market-rate dwelling units are not subsidized, and are sold or rented to buyers or renters at whatever sale price or rental rate that the real-estate market commands in the given location. Bonuses are awarded for developments with at least 85 percent market-rate units. In order to qualify for a bonus, the developer shall record a declaration of restrictive covenants in favor of the city that guarantees that the specified number of dwelling units will not be subsidized for renters or buyers for the duration of the covenant as provided by law. (6) Sustainable construction and building systems. Sustainable building practices refers to building and building site design, materials and construction techniques that minimize demand for nonrenewable material and energy resources, water consumption, and minimize the generation of waste products and pollution, and stormwater runoff. The city's sustainable building/development program is a voluntary program that developers may choose to participate in, for which incentive bonuses shall be awarded. Section 34-534 details how to qualify for this incentive. (7) Providing a transit amenity. In order to qualify for a bonus, the developer must provide a bus shelter and transit information kiosk that meets or exceeds the requirements of county transit. The developer must also place the building at the build-to-line (which qualifies for additional bonuses). The kiosk must be located within 25 feet of a transit shelter. The incentive for providing a transit amenity is discretionary, meaning that the city may reject a transit shelter at proposed locations that the administrative official determines are not appropriate or desirable for same. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 4 of 27 Available incentive Development features that qualify for incentives bonuses Building on 15' build-to- line (8) Providing workforce housing dwelling units. Bonuses for workforce housing dwelling units may be awarded for developments with at least 25 percent workforce housing units. Workforce housing units refer to rental units, single-family or multifamily homes for individuals or families whose incomes are within 60 to 140 percent of the county's area median income as adjusted for family size. In order to qualify for a bonus, the developer shall record a declaration of restrictive covenants in favor of the city that guarantees that the specified number of dwelling units will be reserved as workforce housing units for the duration of the covenant as provided by law. (Ord. No. 2010-10-218, § 2(15-80), 4-7-2010; Ord. No. 2021-005-435, § 2(Exh. A), 6-23-2021) Sec. 34-531. Schedule of development incentives. Increase impervious area (see section 34- 532) 5% increase X X X X X 10% increase X X X X 15% increase X X X X X X X X X Reduce PCD arterial street LS buffer (see section 34-532) 5-foot reduction X X X X 10-foot reduction X Reduce side setback & LS buffer (see section 34- 532) 5-foot reduction X X Eliminate setback and buffer X Mixed-use development Compliant architecture Urban open space Market-rate housing Workforce Housing Transit Infrastructure 50% Credit Option 100% Credit Option Sustainable Buildings Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 5 of 27 Reduce rear LS buffer (see section 34-532) X 2.5-foot reduction X Eliminate interior parking lot LS islands (see section 34-532) X Increase height/density/FAR 1 story increase X X X 2-story increase X X X X X 3-story increase X Allow flexible parking (see section 34-532) X X Reduce avg. dwelling unit area (see section 34- 532) 25 s.f. reduction X 50 s.f. reduction X X X Expedite permits (see section 34- 532) X X X X X X (Ord. No. 2010-10-218, § 2(15-90), 4-7-2010; Ord. No. 2011-21-263, § 7, 10-5-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2021-005-435, § 2(Exh. A), 6-23-2021) Sec. 34-532. Specific incentive bonus regulations. (a) Increased impervious area. (1) A development may exceed the maximum impervious area allowance of section 34-562, by the percentages indicated in section 34-531, for providing certain desired development characteristics as identified in section 34-530. (2) Each percentage increase of allowable pervious area that is awarded is percentage of net lot area. For example, a ten percent bonus increase in allowable impervious area is an additional ten percent of the net lot area that can be covered with an impervious surface. (3) Impervious area bonuses do not waive or vary the landscape buffers required in section 34-589. (b) Reduced PCD arterial street landscape buffer incentive bonus. This bonus is offered at two levels. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 6 of 27 (1) When a building is constructed using the build-to-line option instead of the minimum setback option, the street landscape buffer is automatically reduced from 20 feet to 11 feet. Furthermore, this bonus allows up to 60 percent of the landscape buffer area to be improved for use as outdoor restaurant seating or improved public open space. This bonus is only available for utilizing the build-to-line option. (2) If the build-to-line option is not utilized, a five-foot reduction in the required PCD arterial street buffer is attainable pursuant to section 34-531. This bonus allows up to 25 percent of the PCD arterial street landscape buffer to be improved for use as qualifying public open space under section 34-530(3), but it does not allow use of the buffer for any other purpose. (c) Reduced interior side yard setback and landscape buffer incentive bonus. (1) This incentive is offered at two levels: a. Five-foot reduction of the interior side yard setback and landscape buffer required in article XI of this chapter; and b. Elimination of the interior-side yard setback required and landscape buffer. (2) Both levels of landscape buffer reduction apply only to portions of the required interior side yard that are occupied by a building or a parking facility that connects to the parking facility of the abutting lot. The full side landscape buffer is required if there is no connection to the parking lot on the adjoining lot. A parking lot shall be deemed connected to that of an adjoining vacant lot if the parking facility is designed for future connection when the adjoining lot is developed. (d) Reduce rear yard landscape buffer. This bonus allows a 2.5 foot reduction in the width of the rear yard landscape buffer required in article XI of this chapter. (e) Eliminate interior parking lot landscape islands. This bonus allows the elimination of all landscape islands required in article XIV of this chapter, other than terminal islands for parking lots or portions of parking lots separated from the street frontage by a building. (f) Reserved. (g) Increased height, density and FAR incentive bonus. (1) This bonus allows additional height, measured in stories, and corresponding additional residential density and nonresidential floor area ratio. The developer may utilize the additional residential density, nonresidential floor area, or both. (2) Each story of additional height increases the allowable density by 12 du/ac and increases the maximum floor area ratio by .30, up to the maximum number of permitted stories, density and floor area ratio designated for the applicable PCD corridor in section 34-562, provided that bonuses for height and density are doubled for lots within the Golden Glades Interchange sub-area. (3) Note: the incentive for floor area ratio cannot be awarded unless the development qualifies as mixed- use under section 34-591. (h) Flexible parking bonus. This bonus allows the developer to utilize the following flexible parking provisions of section 34-387. (i) Reduced average dwelling unit floor area incentive bonus. Article XI of this chapter establishes a minimum average dwelling unit size for every multiple-family development. This requirement may be reduced by up to 50 square feet with this incentive bonus. (j) Expedited permits bonus. The city may offer expedited permitting for building plans review, site plan review and other reviews in attempt to expedite the development or meet time constraints of the applicant, including mixed-use developments and developments that are part of a master plan in accordance with section 34-474 of this chapter. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 7 of 27 (Ord. No. 2010-10-218, § 2(15-100), 4-7-2010; Ord. No. 2011-21-263, § 8, 10-5-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014) Sec. 34-533. Rules and procedure for awarding incentive bonuses. (a) How to read section 34-531. Each development quality listed in the column headings qualifies for all of the bonuses highlighted in the column. (b) Bonuses are cumulative. This means that all of the bonuses that are awarded in section 34-531 for a particular development quality apply in addition to the bonuses earned for providing other qualifying development characteristics. However, the sum total of bonuses shall need exceed the maximum values of section 34-562. For example, there are multiple ways to qualify for impervious surface area bonuses. The combined bonuses would easily exceed 100 percent impervious area. However, section 34-562 limits the maximum impervious area with incentive bonuses to 95 percent of the lot area. Therefore, the combined bonuses would be capped at 95 percent. (c) Incentive bonus award procedures. Bonuses are awarded at the time of site plan approval. The bonuses remain valid for as long as the site plan remains valid. (d) Sustainable development incentive bonus. Special rules and procedures apply to this bonus, as detailed in section 34-534. (Ord. No. 2010-10-218, § 2(15-110), 4-7-2010) Sec. 34-534. Rules and procedure for awarding sustainable development incentive bonus. (a) Intent and applicability. Sustainable building practices refers to building and building site design, materials and construction techniques that minimize demand for natural resources, and minimize the generation of waste products, pollution and stormwater runoff. The city's sustainable building program is a voluntary program that developers may choose to participate in, for which incentives bonuses shall be awarded. (b) Credit. Credit for sustainable ("green") building practices shall be awarded based upon qualifying site design, construction and possibly, as applicable, operational practices. Green building practices are generally consistent with the techniques used to achieve LEED certification and would be LEED certifiable, but do not necessarily need to apply to have certification (c) Certification programs. This program awards credits based on selected third party green building/ development certification programs, including, but not limited to the Florida Green Building Coalition. Florida Green Lodging, and U.S. Green Building Council Leadership in Energy and Environmental Design (LEED). Actual certification from the third party program is not required to qualify for the green building incentive credit shall be suggested or proposed by the developer or applicant and shown on the site development plan. (d) Preliminary meeting. Applicants seeking to participate in the voluntary green building/development program are required to schedule a preliminary development application meeting. At the preliminary development application meeting, the applicant must identify the third party green building/development standards proposed to be incorporated in the project design and implementation, and provide a copy of the standards to city staff for review. If the standards of a third party certification program other than those listed in subsection (2) of this section are proposed, the city staff will review the proposed standards and notify the applicant if the proposed standards are accepted or rejected for the voluntary green building/development program. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 8 of 27 (e) Review process and certification options. Applicants seeking to participate in the voluntary green building/development program must choose to either: (1) Formally apply for third party certification, which includes meeting all the submittal, application and fee requirements for said third party certification, or (2) Participate in the city's cost-recovery green building/development review process, which does not require the applicant to formally apply for third party certification. The applicant shall be required to document compliance with all of the third-party certification criteria to the city's satisfaction. (f) Minimum submittal requirements for applying for voluntary green building and/or development program/receipt of incentives. Site development plan submittal requirements to participate in the voluntary green building/development program would be required to include the following: (1) Documentation that applicant has participated in the preliminary development application meeting and has received approval from city for the third party green building/development standards used in the site development plan submittal. (2) Written statement identifying the review option selected by the applicant (i.e., the formal third party certification or the city's cost-recovery based review). (3) A completed residential green development/building checklist, with a narrative explanation of how the green building measure is being incorporated. (4) The city shall require that the proposal exceed the number of points necessary for incentive credit under this section by a margin to be established administratively for each third party certification program. The intent is to ensure certification as best possible in the event that a given green measure fails to qualify after construction is completed. (5) A notarized affidavit from the project architect demonstrating the approved green building measures have been incorporated. (6) Project plans that clearly reference the green building measure. (7) A notarized affidavit certifying that a certified/accredited or other green building expert professional deemed acceptable by the city is a part of the development team and shall remain part of the project team throughout its duration (i.e., from the design stage through final building inspection/issuance of certificate of occupancy). (g) Incentives. (1) Developments may satisfy all of the criteria for certification under a third party program, plus the additional point margin to be established administratively by the city for maximum possible incentive credit in table x under the "100 percent credit option." (h) Performance bond. Participants in the voluntary green building program, at the time of permit application, shall post a performance bond in a form acceptable to the city. (1) The amount of the required performance bond shall be calculated as follows for projects seeking the incentive bonus for meeting third party certification requirements: a. Two percent of the total cost of construction for a development of less than 100,000-square-foot building area. b. Three percent of the total cost of construction for a development of up to 200,000-square-foot building. c. Four percent of the total cost of construction for any building greater than 200,000 square feet. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 9 of 27 (2) The amount of the required performance bond for projects seeking an incentive bonus for earning at least one-half of the points needed for third party certification shall be one-half of the bond amount required in subsection (h)(1) of this section. (3) In the event the development does not achieve the third party certification or the number of points for which the incentive bonus was based, a portion of the bond shall be forfeited in an amount equal to the percentage of the required third party point total not earned. However, if the development does not qualify for at least 90 percent of the number of points required to earn the bonus, the entire bond amount shall be forfeited. (4) The city will draw down on the bond funds if: a. The third party certification is not achieved within one year of the city issuance of the certificate of occupancy for the building; or b. In the case of city verification of credits, if the city determines that the development does not qualify for the credits upon which the incentive bonus is based within one year of the city issuance of the certificate of occupancy for the building. Funds that become available to the city from the forfeiture of all or part of the performance bond shall be placed in the sustainable development fund established by the city. (Ord. No. 2010-10-218, § 2(15-120), 4-7-2010; Ord. No. 2011-21-263, §§ 9, 10, 10-5-2011) Secs. 34-535—34-561. Reserved. DIVISION 4. DENSITY, INTENSITY AND HEIGHT Sec. 34-562. Maximum density, floor area ratio (FAR), height, and impervious area. (a) Density, floor area ratio (FAR) and building height maximums. PCD sub-areas N.W. 27th Avenue corridor SR 7 corridor Palmetto Expressway corridor Golden Glades Interchange Base PCD Intensities Max. residential density 16 du/ac 16 du/ac 16 du/ac 26 du/ac Max. floor area ratio 0.50 0.50 0.50 0.50 Max. building height 2 stories 2 stories 2 stories 4 stories Max. impervious area 70 percent 70 percent 70 percent 70 percent PCD Intensities with max. bonuses Residential density 55 du/ac 75 du/ac 100 du/ac 150 du/ac Max. floor area ratio 1.5 2.0 2.50 3.0 Max. building height 6 stories 8 stories 10 stories 20 stories Max. impervious area 90% 90% 90% 90% (b) Density and FAR are based upon net lot area. (c) The minimum required density for single-use residential developments is 16 du/ac. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 10 of 27 (d) The minimum required gross floor area of a mixed-use development that shall be devoted to residential use is 40 percent, which shall include at least four dwelling units. (e) The minimum required gross floor area of a mixed-use development that shall be devoted to commercial use is ten percent, provided that a minimum of five percent of the ground floor shall be commercial use. (f) The maximum permitted height of accessory buildings and structures is two stories. (g) Corner lots fronting two PCD arterial streets shall be subject to the highest density, intensity and height permitted of the two streets. (h) Building stepback. When a PCD lot abuts a residentially zoned lot, the maximum permitted height of any portion of a building or structure shall be equivalent to one foot in height for each 1.5 feet of distance from the residentially zoned lot, or 25 feet, whichever is greater. (see Figure 1) Figure 1: Rear Building Stepback (Ord. No. 2010-10-218, § 2(15-130), 4-7-2010) Secs. 34-563—34-587. Reserved. DIVISION 5. SITE DEVELOPMENT REGULATIONS Sec. 34-588. Minimum required lot size and dimensions. (a) Intent. The minimum standards of this section are intended to ensure that subdivision results in lots of sufficient area and dimension to accommodate substantial buildings of multiple stories that can potentially provide public and/or private amenities. (b) Lot area: 45,000 square feet, except as provided in subsection (d) of this section. (c) Lot width: 150 feet, except as provided in subsection (d) of this section. (d) Exceptions. Subdivision that results in lots of smaller area or dimension than the minimums required in this table is prohibited unless the city first approves a site plan for the overall tract pursuant to section 34-45. Any such site plan shall identify the proposed subdivision, and may be subject to a conditions of unity of title or require a declaration of restrictive covenants as set forth in sections 34-50 and 34-51 and any other provision the city deems appropriate to provide for subdivision that will result in lots of smaller area or dimension than the minimum area requirement set forth in this table. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 11 of 27 (Ord. No. 2010-10-218, § 2(15-140), 4-7-2010) Sec. 34-589. Building placement and landscaping. Principal and accessory buildings and structures are subject to the following requirements, illustrated in figure 2 in this section. (1) Setback and landscape buffer requirements using front build-to-line option. Landscape buffer Total setback PCD arterial (build-to-line) 11 feet 15 feet * Other street minimum 10 feet 10 feet Interior side minimum 0 feet 0 feet Rear minimum 7.5 feet 7.5 feet Minimum abutting residentially zoned lot 7.5 feet 25 feet *Includes 4-foot sidewalk easement supplemental to sidewalk within the right-of-way (2) Setback and landscape buffer requirements using front minimum setback option. Landscape buffer Total setback PCD arterial minimum 21 feet 25 feet* Other street minimum 10 feet 10 feet Interior side minimum 10 feet 10 feet Rear minimum 10 feet 10 feet Minimum abutting residentially zoned lot 10 feet 25 feet *Includes 4-foot sidewalk easement supplemental to sidewalk within the right-of-way (3) Build-to-line option details. Under this option, all stories of buildings below the fourth story must be situated 15 feet from the street line for at least 50 percent of the length of the lot frontage (see figure 2 in this section), except as provided in this section. a. The building may be set back further than 15 feet if the additional setback is occupied by an approved open space that qualifies for an incentive bonus, without the need for a variance. Figure 2: Planned Corridor District—Build-To-Line Street Interface Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 12 of 27 b. Lots with less than 200 feet of depth may reduce the required build-to-line to eight feet, of which four feet are comprised of shrubs and approved ground cover, and four feet are comprised of sidewalk easement, within which the required street trees shall be placed in planting wells a minimum of four feet square, and covered with tree grates of a design approved by the city. c. Orientation. At least one principal public entrance to each principal building shall face and be located along a PCD arterial street. When the ground story is comprised of multiple businesses with frontage on the PCD arterial street corridor, each shall have a public entrance from the sidewalk. Each building entrance shall be connected to the sidewalk by a paved walkway. Buildings should have as many pedestrian connections to the street as possible. d. All stories in excess of six (i.e., seventh story and above) shall be set back 25 feet from the street line. (4) Permitted setback encroachments. a. Covered entrances such as canopies and shed roofs with columns may project forward of the build-to-line and into the streetscape planting area up to the rear edge of the sidewalk. Awnings may project over the sidewalk to within three feet of the curb, or as otherwise restricted by the Florida Department of Transportation. In rear and corner street yards, awnings may extend up to five feet into the required yard. b. Upper story balconies may project up to three feet forward of the build-to-line and rear setback line. (5) Pedestrian access to rear parking. Paseos, building separation or other pedestrian access from the public sidewalk to rear parking shall be provided at appropriate intervals for pedestrian convenience. Such access shall be designed consistent with crime prevention through environmental design principles, including adequate lighting, and observability both from the street and adjacent buildings (i.e., substantial translucent fenestration from abutting buildings should look onto the passageway). (6) Setback requirements. Accessory buildings and structures are subject to the same setback requirements as principal buildings and structures. (7) Landscape buffer requirements. a. Street buffers shall be measured from back edge of the required ten-foot sidewalk. b. The buffer shall be as prescribed in article XIV of this chapter and, except as provided in subsection (7)c of this section, shall be unpierced by impervious surfaces except for driveway openings. c. Streetscape planting areas abutting buildings constructed on the build-to-line may incorporate up to 60 percent impervious areas for the following uses: 1. Outdoor dining accessory to a restaurant. 2. Qualifying open space (section 34-530). 3. Covered building entrances that project forward of the building as authorized in subsection (4)a of this section. 4. Walkways to rear yard parking facilities. 5. Additional sidewalk area abutting shop front windows, provided that such windows shall extend from no higher than 2½ feet above the sidewalk to no lower than eight feet above the sidewalk, and comprise at least 70 percent of the facade abutting such expanded sidewalk area. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 13 of 27 d. Rear yard buffers shall be planted pursuant to article XIV of this chapter. Vehicle overhangs within parking stalls shall not count toward the rear landscape buffer width, but shall count toward total landscaped area. e. Side yard landscape buffers are required pursuant to article XIV of this chapter, provided that lots with less than 125 feet of frontage on a PCD arterial street may reduce the required width of interior side yard landscape buffers from ten feet to five feet. f. Interior VUA landscaping and open space landscaping are required pursuant to article XIV of this chapter, as may be reduced through incentive bonuses pursuant to this article. (Ord. No. 2010-10-218, § 2(15-150), 4-7-2010) Sec. 34-590. Reserved. Editor's note(s)—Sec. 2(Exh. A) of Ord. No. 2014-02-314, adopted Jan. 8, 2014, deleted § 34-590 which pertained to the required upgraded ten-foot wide sidewalk, and derived from Ord. No. 2010-10-218, adopted Apr. 7, 2010. Sec. 34-591. Mixed-use regulations. Mixing of uses is optional. Whenever a development will contain a mix of residential and commercial uses, the mixing of uses shall be subject to the provisions of this section. (1) Minimum use mix requirements. a. Residential: 40 percent of gross floor area or four dwelling units, whichever is greater. b. Commercial, office: 15 percent of gross floor area. c. Ground story retail, service, entertainment uses: Ten percent of gross floor area. (2) Upper stories must contain dwelling units, hotel rooms or offices. or both, provided that dwelling units, hotel rooms and offices shall not be located in the same story unless they are permanently physically separated and served by separate elevators and stairways, and separate ground story lobbies. (3) The ground story frontage of the building facing the PCD arterial must be designed for occupancy by "active uses." "Active uses" are any combination of permitted retail, service, food and beverage uses, or indoor entertainment uses. Section 34-415 includes design standards for active-use ground stories. (4) Retail, office, service, and food establishments may be mixed within the same building or same lot as multiple-family residential uses subject to an approved master plan for such mixed use, provided that any use that the administrative official finds is incompatible with residential use pursuant to the following criteria shall require special exception approval. An affirmative finding for any of the following criteria shall require a special exception: a. The operation of the use involves amplified sound, use of power tools, pounding, banging, testing or running of engines, or other potentially disruptive source of noise or vibration. b. The use involves the assembly of a large number of people at any one time, in such a way that there is resulting noise, traffic, or loss of privacy that may be intrusive and therefore incompatible with residential use. c. The use produces odors, fumes, smoke or vapor that is generally considered offensive or unpleasant, and which may be detectable from adjacent dwelling units. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 14 of 27 d. The use employs lighting that would generate glare or lighting levels that are excessive in an urban residential environment. e. The use involves unsightly loading areas, overhead doors, outdoor storage, parking of commercial vehicles prominent, or prominent mechanical equipment areas. f. The use involves the use or storage of hazardous materials. (Ord. No. 2010-10-218, § 2(15-170), 4-7-2010; Ord. No. 2011-21-263, § 11, 10-5-2011) Sec. 34-592. Minimum dwelling area requirement. All residential dwelling units shall comply with the minimum floor area requirements of article XI of this chapter, unless qualified for incentive of reduction in dwelling unit size in accordance to Section 34-531 of this chapter. (Ord. No. 2010-10-218, § 2(15-180), 4-7-2010; Ord. No. 2011-21-263, § 12, 10-5-2011) Sec. 34-593. Dumpster enclosures. Dumpster enclosures shall be designed and constructed as set forth in section 34-312. (Ord. No. 2010-10-218, § 2(15-190), 4-7-2010) Sec. 34-594. Underground utility lines. All electric distribution lines and other utility lines (i.e., telephone, cable, Internet) should be placed underground for all new development and redevelopment, subject to the approval of the utility provider. (Ord. No. 2010-10-218, § 2(15-200), 4-7-2010) Sec. 34-595. Off-street parking and loading requirements. All uses established in the PCD shall comply with the off-street parking, loading and vehicular circulation requirements as set forth in article XII of this chapter. (Ord. No. 2010-10-218, § 2(15-210), 4-7-2010) Sec. 34-596. Signage. All uses established in the PCD shall comply with sign regulations as set forth in article XVII of this chapter. (Ord. No. 2010-10-218, § 2(15-220), 4-7-2010) Sec. 34-597. Design standards. All uses established in the PCD shall comply with design standards as set forth in article XIII of this chapter. (Ord. No. 2010-10-218, § 2(15-230), 4-7-2010) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Miami Gardens, Florida, Code of Ordinances (Supp. No. 15) Created: 2024-05-16 13:42:07 [EST] Page 15 of 27 Subpart B - LAND DEVELOPMENT CODE Chapter 34 - ZONING AND LAND DEVELOPMENT ARTICLE XV. - PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) AND ENTERTAINMENT OVERLAY DISTRICT (EO) STADIUM DISTRICT (S) AND BUSINESS TRANSITIONAL OVERLAY DISTRICT (BTO) DIVISION 6. DIVIDION 1 ENTERTAINMENT OVERLAY DISTRICT (EO) DIVISION 6. DIVISION 1. ENTERTAINMENT OVERLAY DISTRICT (EO) Sec. 34-598. District conditions. The following conditions shall apply to businesses within the entertainment overlay district: (1) Establishments selling or serving alcoholic beverages must be permitted and operating in compliance with all licensing and other regulations set forth in article V of this chapter for sale and consumption of alcoholic beverages; (2) Nightclubs, discotheques, clubs: (a) Premises must have 5,000 square feet minimum gross area up to 8,000 square feet; and (b) Nightclubs, discotheques and clubs shall be located not less than 300 feet from any residential district or use. (3) Restaurants. Standalone restaurant must have a minimum of 4,000 square feet in gross area. (4) Upon review of a certificate of use application, the administrative official may impose conditions as deemed necessary to ensure compliance with code requirements, minimize or mitigate the impacts of the use on public facilities, adjacent properties and the surrounding neighborhood, including, but not limited to, the following: (a) Restriction of hours of operation; (b) Adequate security as approved by the city manager based on type of business establishments, and maximum capacity of the facilities within the entertainment overlay district; (c) Limitations of use to within the enclosed premises; (d) Posting of policies as it refers to dress code and service of alcohol; (e) Business registration with city programs; and (f) Conditions to minimize noise and nuisance abatement. (Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015) Sec. 34-599. Alcoholic beverage sales within the district. (a) Minimum distance requirements. There shall be no minimum distance required between any place of business within the entertainment overlay district licensed by the state to sell alcoholic beverages either for consumption on or off premises and any other place of business similarly licensed within the district. (b) Hours of operation. The hours and days of sale and consumption of alcoholic beverages are set forth in section 6-369. (c) Hours for music and entertainment. Music, singing and other forms of entertainment whether amplified or not, shall be permitted indoors at any time during business hours of any facility or business enterprise within Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 16 of 27 the district, and in addition music, singing and entertainment shall be permitted outdoors within the district, however, such outdoor music, singing and entertainment shall comply with special events and entertainment regulations as set forth in chapter II of the City of Miami Gardens Code of Ordinances. (d) Outdoor sales of alcoholic beverages. Those persons or entities within the district licensed under the state beverage license laws, may sell and serve beers, wines and alcoholic beverages of any type regardless of alcohol content at any location within the district licensed for such sale and under the control of such licensee, including, but not limited to, sidewalk cafes, outdoor areas designed for food or beverage consumption or both adjacent to and operated in concert with a business operated within enclosed premises. (Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015) Sec. 34-600. Upgraded ten-foot wide sidewalk required. A ten-foot sidewalk is required along all street rights-of-way for developments in excess of 15 acres within the district. In order to enhance the pedestrian experience and the appearance of the city's major street corridors, the sidewalk shall be constructed of stamped and colored concrete, or other material and/or design determined by the city council for the district. In order to provide for continuity within the district, the administrative official may authorize or require payment in-lieu of sidewalk construction based upon the prevailing cost per square-foot of construction of such sidewalks according to a public works estimating publication deemed acceptable by the director of public works, as such costs may be adjusted for local material and labor cost conditions. Payment under this section shall be deposited in an account to be designated and maintained for sidewalk construction along the corridor or portion thereof for which the payment was made in lieu of construction. (Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015) DIVISION 7. DIVISION 2. STADIUM ZONING ORDINANCE - S, STADIUM DISTRICT Sec. 34-601. Short title. This article shall be known and may be cited as the "Stadium Zoning Ordinance." (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-602. Purpose, intent, and applicability. (1) This article applies to the area bounded by N.W. 203rd Street on the north, the Florida Turnpike on the east, N.W. 195th Street on the south, and N.W. 27th Avenue on the west, hereinafter referred to as the stadium district (S district). A more detailed legal description of this boundary is maintained on file with the Miami- Dade County Department of Regulatory and Economic Resources or successor entity (the "county department") and with the City of Miami Gardens Planning and Zoning Department (the "city planning and zoning department"). (2) The purpose of the S district is to provide for a wide range of large-scale commercial, institutional, residential, attraction and other uses, including a regional stadium facility. The regulations for the S district shall be administered primarily by the City of Miami Gardens and also Miami-Dade County, as provided in the Procedures section of this article. The intent of the S district is to generally carry forward the allowable uses under the prior zoning district, with the exceptions and limitations specified herein, in a format that may be administered by the city and the county, as applicable and as provided herein. Certain cross-references to Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 17 of 27 the City of Miami Gardens Code and to the Code of Miami-Dade County are included in this article to clarify the applicable procedures and provisions; all references to the "city" shall refer to the City of Miami Gardens, and all references to the "county" shall refer to Miami-Dade County. Nothing herein shall create an exception to or otherwise vary any countywide regulations that otherwise exist pursuant to the Code of Miami-Dade County, the Miami-Dade Comprehensive Development Master Plan, or the Miami-Dade County Home Rule Charter. (3) Sub-districts. The S district is comprised of two sub-districts: The stadium inner sub-district and the stadium outer sub-district. These sub-districts control land use and intensity of development that may take place. Unless otherwise specified in this article, the regulations herein apply to both stadium sub-districts. (4) Sub-district plan. The sub-district plan (figure 1), shows the boundaries of the S district and the sub-districts and may be used to better interpret this article. Where there is conflict between the sub-district plan and the text of this article, the text shall govern. Full-scale maps of the plan, and the boundaries of the sub-districts, are on file with the county department and the city planning and zoning department. Figure 1: S District, Sub-District Plan Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 18 of 27 (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-603. 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 the S district except for one or more of the following uses, subject to the prohibited uses enumerated in subsection (18) below: (1) Accommodation uses: Facilities that provide short-term lodging, including hotels, motels, rooming houses, bed and breakfasts, and similar uses. (2) Automotive uses: Sales of new and used automobiles (not including open lot car sales new or used); automotive shows, races, and exhibitions; and gas stations or other form of stations used for the powering/charging of automobile vehicles. Upon approval as a special exception by the city, pursuant to section 34-48 of the City Code, the following uses may also be permitted: establishments specializing in the service or repair of automobiles; automobile tire sales and replacement; and automobile parts sales and installation. For auto service, auto repair or drive-throughs to be located within .25 miles of a premium transit corridor or premium transit station, administrative site plan approval shall be required to assure that the proposed site plan is conducive to public transit ridership. (3) Child care facilities: Institutions that provide child care and/or instruction from the infant level through the secondary school level and that do not come under the direct operation and administration of the Miami-Dade County School Board or the State of Florida. (4) Civic uses: Uses that are accessible to the public and serve the religious, recreational, educational, cultural, and/or governmental needs of the community. Civic uses include, but are not limited to: Convention halls or meeting halls; private clubs; post offices; clubhouses; religious buildings; museums; athletic facilities (e.g. stadiums, arenas, fitness centers, fields, etc.); auditoriums, theaters, and other visual and performance arts buildings; and governmental facilities. (5) Private colleges/universities: Facilities that serve the educational needs of the adult population. This group shall include universities; colleges; commuter colleges; and trade schools. (6) Commercial parking: Structures and/or surface lots that provide parking as the primary on-site use. These facilities offer short-term parking of vehicles and may charge a fee for such use. This group includes: shared parking facilities; shuttle parking facilities; and transit park-and-ride facilities. This group shall not include parking facilities that are ancillary to another on-site use. (7) Health care services: Facilities that provide out-patient health care services to the local community. These facilities shall include: clinics; doctor's office; dentist's offices; federally qualified health centers; urgent care facilities; diagnostic centers, including sleep centers; and similar uses. These facilities shall not provide in-patient care. (8) Entertainment uses: Uses in this group shall include: nightclubs; arcades; movie theaters; performance theaters; radio, movie and/or television studios; billiard halls; skating rinks; bingo halls; piano bars; bowling alleys; and similar uses. (9) Food/beverage establishments (with or without a drive-through): This group shall include: full service restaurants; fast food restaurants; and breweries, distilleries, bars and pubs, including tap rooms and tasting rooms for such breweries and distilleries. For drive-through restaurants to be located within .25 miles of a premium transit corridor or premium transit station, administrative site plan approval shall be required to assure that the proposed site plan is conducive to public transit ridership. (10) General retail/personal service establishments: Establishments that provide goods and services geared toward an individual consumer, with or without a drive-through. This group shall include businesses Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 19 of 27 such as: banks; beauty parlors; bakeries; bookstores; apparel stores; grocery stores; pharmacies; tailor shops; health clubs; gift shops; and indoor pet care centers. This group shall also include schools offering instruction in dance, music, martial arts, and similar activities, but this group shall not include colleges/universities. For drive-through establishments to be located within .25 miles of a premium transit corridor or premium transit station, administrative site plan approval shall be required to assure that the proposed site plan is conducive to public transit ridership. (11) Live/work unit: An individual residential unit integrated with a general retail/personal service establishment, professional business office, or workshop. (12) Professional business offices: Facilities used primarily for the business of professionals with only limited transactions occurring on-site. This group shall include offices for: accountants; architects; appraisers; attorneys; consulates; financial firms; insurance adjusters; realtors; medical offices; and other similar uses. (13) Residential uses: Rowhouses and multifamily residential uses. (14) Workshop: An enclosed workplace on the ground floor area of a building used as an office or for the manufacturing of artifacts and crafts, utilizing only hand held or table-mounted electrical tools. (15) [Other districts:] To the extent not otherwise permitted in this section, all uses permitted in the PCD district and the entertainment overlay (EO) district, as provided in sections 34-287 through 34-288 and sections 34-598 through 34-600 of the City Code, as such may be amended from time to time. (16) [Special exceptions:] To the extent not otherwise permitted in this section, all uses authorized as special exceptions within the PCD district, as provided in the City Code, subject to the city's special exception approval requirements and procedures. (17) [Other uses:] Such other uses as may be determined to be similar to those enumerated above by the director of the city planning and zoning department. (18) [Prohibited uses:] Notwithstanding the foregoing, the following uses are not permitted within the S district: (a) Adult day care centers. (b) Agricultural uses. (c) Attended nonmotorized donation collection vehicles. (d) Bait and tackle shops. (e) Boats carrying passengers on excursion, sightseeing, pleasure or fishing trips. (f) Dairy stores. (g) Jewelry loan centers or pawnbrokers. (h) Mail order offices, without storage of products sold. (i) Medical observation dormitories, other than sleep centers. (j) Propagating and growing plants for sale. (Ord. No. 2017-02-366, § 3, 3-22-2017) Sec. 34-604. Setbacks. The following setbacks shall apply in the S district: Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 20 of 27 (1) Front: 20 feet. (2) Side street: 15 feet. (3) Interior side: Shall apply only to business or industrial uses. The wall along the side property line shall be constructed in accordance with the Florida Building Code. Interior side setbacks shall be: (a) Five feet where any openings are provided in the wall of the proposed structure, adjacent to the interior side property lot line; (b) Ten feet for such portions of the business structure as are devoted to residential use; and (c) Fifteen feet where the adjacent property is zoned single-family residential, pursuant to the city's zoning regulations. (4) Rear: Rear setbacks shall be: (a) Twenty feet from a residential district boundary, except that credit shall be given for the full width of dedicated alleys in computing this setback. (b) Five feet from a business or industrial district boundary, pursuant to the city's zoning regulations, or from other S district property, where any openings are provided in wall of proposed structure, adjacent to rear lot line. (c) Zero feet from business or industrial district boundary, pursuant to the city's zoning regulations, or from other S district property, where no openings are proposed in wall of proposed structure, adjacent to rear lot line. (d) Accessory buildings shall be subject to the same setbacks as principal structures. (5) Between buildings: 20 feet. (6) A building containing residential uses or mixed residential-business uses shall comply with setbacks required for the equivalent residential district pursuant to the city's zoning regulations. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-605. Lot size. (1) Minimum lot frontage: 50 feet; but 75 feet for a corner lot. (2) Minimum lot area: 5,000 square feet; but 7,500 square feet for a corner lot. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-606. Height, floor area ratio and lot coverage. The permitted height, density, and intensity of development within the S district shall be as set forth within the City of Miami Gardens Comprehensive Plan; provided, however, that until the City of Miami Gardens Comprehensive Plan is amended to permit floor area ratios higher than 3.0, the floor area ratio for the S district shall be 3.0. Mall areas, whether enclosed or unenclosed, shall not count as part of the floor area for floor area ratio computation purposes, nor as part of the lot coverage. (Ord. No. 2017-02-366, § 2, 3-22-2017) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 21 of 27 Sec. 34-607. Signage. Signage within the S district shall be as provided for BU districts in chapter 34, article VI of the Code of Miami-Dade County, as such may be amended from time to time, subject to the following: (1) Class C billboards, as defined in the Code of Miami-Dade County, shall not be permitted. (2) Internally-oriented directional and internally-oriented wayfinding signs for the stadium may be permitted without limitation as to the number, size, location, setback, or height of such signs, provided, however, that any such signs shall be consistent with the customary height and size limits of the directional and wayfinding signs for the stadium. In addition, all such signs shall comply with all other applicable requirements, including, but not limited to, applicable city or county public works regulations and the Americans with Disabilities Act. No minimum number of buildings is required for such signage. Such signs may include a stadium or sponsor logo, provided that the logo does not exceed 75 percent of the area of the sign. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-608. Off-street parking. Minimum number of off-street parking spaces for the following uses within the S district shall be as provided in this section. For all other uses, the minimum number of off-street parking spaces shall be as set forth in chapter 34, article XII of the City Code. (1) Rowhouses and multifamily: (a) One and one-half parking spaces for each guest room, efficiency, or one-bedroom unit. (b) One and three-quarter parking spaces for each two-bedroom unit. (c) Two parking spaces for each three- or more bedroom unit. (2) Churches: At least one parking space for each 100 square feet or fractional part thereof of the seating area in the main auditorium/sanctuary, including adjacent areas which may be used as part of the auditorium/sanctuary. (3) Commercial: (a) Retail - Food or grocery stores, drug and sundry stores, department stores, membership warehouses, retail stores, retail stores similar to the foregoing, banks, post offices, mortuaries, funeral homes, waiting rooms stations for common carriers, and shopping centers shall have parking at a rate of one parking space for each and every 250 square feet of the gross floor area or fractional part thereof. All retail uses within enclosed malls in excess of 300,000 square feet shall provide parking at the rate of one parking space for each and every 350 square feet of the gross floor area or fractional part thereof, excluding theaters, restaurants, and food courts, which shall provide parking as required for such uses. (b) Auto dealership showrooms, garage and gas station bay areas, and similar uses shall have three parking spaces for the first 2,500 square feet of floor area, or fractional part thereof, and one parking space for each additional 500 square feet of gross floor area, or fractional part thereof, plus three parking spaces for each 5,000 square feet, or fractional part thereof, of open lot area. Office and retail parts areas shall have parking spaces as otherwise contained in this article. Customer and employee parking shall be labeled as such. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 22 of 27 (c) Furniture showrooms shall have three parking spaces for the first 2,500 square feet of gross floor area, or fractional part thereof, and one parking space for each additional 500 square feet of gross floor area or fractional part thereof. (d) Open lot commercial uses such as, but not limited to, used car lots, storage yards, and recreational vehicle sales lots shall have five off-street parking spaces for the first 5,000 square feet of net lot area, or fractional part thereof and one parking space for each additional 500 square feet of net lot area so used. These spaces shall be reserved for customer and employee parking only, and shall be labeled as such. (e) Wholesale showrooms shall have one parking space for each 600 square feet of showroom area, or fractional part thereof. (4) Restaurants, lounges, nightclubs, or similar places dispensing food, drink or refreshments. (a) Table service establishments shall have one parking space for each 100 square feet of floor area or fractional part thereof devoted to patron use. (b) Take-out establishments shall have one parking space for each 250 square feet of gross floor area, or fractional part thereof. (5) Stadiums shall have at least one parking space for each six seats. (6) Theaters, including movie theaters, and general auditoriums shall have one parking space for each 100 square feet of auditorium seating area or fractional part thereof. (7) Office, medical offices, medical clinics, professional building, or similar uses shall have one parking space for each 300 square feet of gross floor area of such building or fractional part thereof. (8) Housing for low and/or moderate income for older persons and/or persons with disabilities. (a) For any publicly owned or non-profit apartment building exceeding four units providing housing for elderly persons or persons with disabilities that is developed and financially assisted under the United States Housing Act of 1937, one-half parking space shall be provided for each dwelling unit in the apartment building. (b) For any other apartment building exceeding four units providing low and/or moderate income housing for older persons as defined by the Fair Housing Act, 42 U.S.C. § 3607, one parking space shall be provided for each dwelling unit in the apartment building. (c) If it is determined by the director of the city department at the time of annual renewal of certificate of use that the parking reduction permitted pursuant to subsections (1) or (2) above does not allow adequate parking for the apartment building, the owner must increase the number of parking spaces to fulfill the needs as determined by the director of the city planning and zoning department. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-609. Declaration of restrictive covenant, procedures for the City of Miami Gardens. The following procedures shall apply with respect to the City of Miami Gardens for the S district, and all references to administrative officials and departments shall be interpreted to refer to the City of Miami Gardens: (1) In lieu of a unity of title, the city may impose a condition of approval requiring a declaration of restrictive covenants. Such declaration of restrictive covenants shall be on an approved legal form and approved by the city attorney for sufficiency. The declaration of restrictive covenants shall run with the Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 23 of 27 land and be binding upon the heirs, successors, personal representatives, and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. (2) The declaration shall contain, but not be limited to, the following necessary elements: (a) That the subject site will be developed in substantial accordance with the approved site plan. That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan. (b) That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things: i. Easements in the common area of each parcel for ingress to and egress from the other parcels; ii. Easements in the common area of each parcel for the passage and parking of vehicles; iii. Easements in the common area of each parcel for the passage and accommodation of pedestrians; iv. Easements for access roads across the common area of each parcel to public and private roadways; v. Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; vi. Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; vii. Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; viii. Easements on each parcel for attachment of buildings; ix. Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; x. Appropriate reservation of rights to grant easements to utility companies; xi. Appropriate reservation of rights to road rights-of-way and curb cuts; xii. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and xiii. Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. (3) Exceptions. These provisions or portions thereof may be waived by the administrative official if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval of the city attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, all to the Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 24 of 27 end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. (4) Non-use variances created solely by separate ownerships, pursuant to subsection (1) of this section, shall be waived by the administrative official. (5) Release, modifications, amendments, revision. (a) Approval required. Any release, modification, deletion, revision to a declaration of restrictive covenant or condition thereof, shall only be made upon a request being submitted to the city department of planning and zoning, on a form approved by the administrative official requesting the release, modification, deletion, or revision. The administrative official shall determine if the release, modification, deletions, or revisions represent a substantial change to the approval. If it is determined that the release, modification, deletion, or revision are not a substantial change, the administrative official shall approve the request. Upon approval of the request, the action taken, or an amended declaration of restrictive covenant shall be recorded in the Official Record Book of Miami-Dade County, accordingly. (b) Appeals. Where it is determined that the release, modification, deletion, or revision is a substantial change to the approval the decision may be appealed as an appeal of an administrative decision. (c) Exceptions. i. Where a declaration of restrictive covenant or similar document was proffered to the county or to the city where the release, modification, deletion, or revision required board of county commissioners approval or specifically required city council approval, then such request shall be made as an application to the city council, pursuant to the City Code; however, if such covenant or similar document provides that it requires the approval of both the city council and the board of county commissioners, then the approval of such modification, deletion, or revision shall require the approval of both the city council and the board of county commissioners. ii. Where there is a proffered declaration of restrictive covenants on a property where it is determined that there are no vested rights, the administrative official release, modify, or revise the covenant appropriately, either administratively or by action of the city council. iii. Where it is determined that the development approval has expired as set forth in this chapter, the administrative official shall release the declaration of restrictive covenants appropriately, either administratively or by action of the city council. iv. Where a declaration of restrictive covenants or condition thereof is released, modified, deleted, or revised, and a contribution of funds has been proffered and accepted by the city, the city administrative official may consider such contribution as forfeited. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-610. Vested rights. Notwithstanding any other provision of the City Code or the city's comprehensive plan, and as to the city, properties within the S district shall have vested rights for any development, structures, uses (including, but not limited to, ancillary or intermittent activities associated with such uses), landscaping, parking, or other land use entitlements that are in existence as of January 1, 2017 or that were approved, whether at public hearing or administratively, by Miami-Dade County prior to January 1, 2017. Any development approved by a development permit, as defined by F.S. ch. 163.3164, (including, but not limited to, any zoning resolution, DRI development Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 25 of 27 order, administrative site plan approval, plat, or building permit) shall be vested against later action by the city without the need for the owners and/or developers of such properties to have taken any affirmative act in reliance upon such prior development permits. Such vested development may be completed and maintained in accordance with the landscaping, buffering, and signage regulations under which it was approved, and is not subject to the requirements of section 34-62(5) of the City Code relating to amortization of landscaping nonconformities, or any other applicable regulation relating to the amortization of nonconformities of landscaping adopted by the city. To the extent not otherwise enumerated in this article, properties within the S district may also be used for all uses permitted in the BU-2 zoning district of the Code of Miami-Dade County, as of January 1, 2017, with the limitations and exceptions provided in section 34-603 of this article. Nothing herein shall limit any vested rights that may otherwise exist by operation of common law, by the City Code or the County Code. Procedure for vested rights determination. For properties within the S district, a request for vested rights determination may be filed with the city pursuant to section 34-62 of the City Code without regard to the one-year time limitation therein; any action by the city council on appeal of such determination may thereafter be appealed to the board of county commissioners in accordance with the procedures set forth in section 34-614 of this article. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-611. Landscaped open space and impervious area. (1) Within the S district's outer sub-district, upon redevelopment from surface parking to other permanent use, landscaping shall be provided in accordance with the applicable requirements of article XIV of the City Code, as such may be amended from time to time; provided, however, that while such properties are used to serve the stadium, they shall be landscaped in accordance with the prior approvals and the development of regional impact development order, as applicable. (2) Within the S district's inner sub-district, landscaping shall be provided in accordance with the provisions of chapter 18A of the Code of Miami-Dade County, as such may be amended from time to time. Chapter 18A of the Code of Miami-Dade County shall remain applicable to the S district. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-612. Special events. (1) Properties within the S district's inner sub-district may be used for temporary special events lasting up to 15 calendar days for any of the sports, entertainment, exhibition and attraction uses listed in section 33-452 of the County Code. No separate special use permits or other zoning authorizations shall be required for temporary special events governed by the preceding sentence, and for purposes of City Code provisions that refer to permitted events, including without limitation, section 16-26(a)(7), such temporary special events shall be treated as permitted events. (2) All other special event uses for the S district shall be governed as provided under chapter 4 of the City Code. Nothing herein shall modify the obligation to obtain any building permits that may be required under the Florida Building Code for temporary structures used in such special events. (3) Notwithstanding any other provisions in chapter 33 of the County Code, special events and special event permits shall be governed by the provisions of this article. (Ord. No. 2017-02-366, § 2, 3-22-2017) Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 26 of 27 Sec. 34-613. Procedures. (1) Application. All zoning inquiries and applications for zoning action for properties within the S district shall be submitted to the City of Miami Gardens. (2) Approval by city council. If the city council approves an application for zoning action by a property owner, or applicant authorized by the owner, after public hearing, then, upon the city's determination becoming final in accordance with the city's rules and regulations, it may only be reviewed by a court of competent jurisdiction. (3) Other action by city council. If the city council denies an application for zoning action by an owner or such authorized applicant after public hearing, or approves an application for zoning action after public hearing with conditions that are not agreed to by the owner or authorized applicant, the owner or authorized applicant shall have the right to appeal the city council's decision to the board of county commissioners for its review after public hearing. (4) Review by county commission. On appeal by a property owner or authorized applicant, the board of county commissioners may affirm the decision of the city council, alter the decision of the city council and approve the application, or alter the decision of the city council and approve the application with modifications, in each case by a majority vote of the total membership of the board of county commissioners, and upon such decision becoming final in accordance with the county's rules and regulations, it may only be reviewed by a court of competent jurisdiction. (5) Review of other city zoning actions. If the city denies an application by a property owner or applicant authorized by the owner for zoning action other than public hearing actions, or approves an application for zoning action other than public hearing actions with conditions that are not agreed to by the by the owner or authorized applicant, then the owner or authorized applicant shall have the right to appeal that decision first to the city council, which shall affirm, affirm with conditions, or alter the decision within 60 days of submittal of the appeal, and then to the board of county commissioners in accordance with the above procedures for review of city council decisions. It is provided, however, that if the city council does not issue a decision within 60 days of submittal of the appeal, then the owner or authorized applicant may proceed directly to the board of county commissioners in accordance with the procedures governing appeals of administrative actions set forth in section 33-314 of the County Code. (Ord. No. 2017-02-366, § 2, 3-22-2017) Sec. 34-614. Conflicts. In the event of any conflict or inconsistency between the terms of these S district regulations and any other provision of the City Code, the terms of these S district regulations shall govern. (Ord. No. 2017-02-366, § 2, 3-22-2017) DIVISION 8. DIVISION 3. BUSINESS TRANSITIONAL OVERLAY DISTRICT (BTO) Sec. 34-615. Purpose and intent. The business transitional overlay (BTO) is intended to encourage redevelopment of underutilized properties and consolidation of developable parcels, thereby achieving more efficient land use and improved site design, while providing a smooth transition between residential and commercial properties. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 Created: 2024-05-16 13:42:07 [EST] (Supp. No. 15) Page 27 of 27 (Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020) Sec. 34-616. District conditions. (1) Permitted uses, accessory uses. The BTO district is intended to accommodate small scale, low- intensity office, personal care and professional service uses pursuant to articles IX and X of this chapter except for the following uses: (a) Restaurant, food and beverage service type uses shall be limited to cafes and sandwich shops. (2) Uses permitted with extra requirements. (a) In addition to the standards set forth in section 34-288, banquet hall facilities within the BTO district shall be subject to an additional administrative review whereby the administrative official or designee may impose conditions, which may include, but not limited to, limiting the period of approval for such uses, imposing hours of operations, operation standards to minimize impacts on surrounding properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of the community. (3) Development standards for nonresidential uses. Nonresidential uses shall comply with the following minimum lot standard requirements: (a) Minimum lot area: 10,000 square feet. (b) Minimum lot frontage: 100 feet. (c) Minimum front setback: Ten feet. (d) Minimum rear setback: 25 feet. (e) Minimum side street: 15 feet. (f) Interior side abutting residential: 25 feet. (g) Interior side from nonresidential: Ten feet. (Ord. No. 2020-001-420, § 2(Exhs. A, B), 1-22-2020) Secs. 34-617—34-627. Reserved. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 ARTICLE XIX. - DEFINITIONS AND RULES OF CONSTRUCTION Sec. 34-732. Definitions of terms. District, mixed-use means the PCD, planned corridor district. Open space, usable means any open space or recreational facility that is designed or developed with recreation and support facilities for the convenience of the user, including playgrounds, golf courses, athletic fields, sports courts, swimming pools, clubhouses, equestrian facilities; and in the PCD district only, may include pedestrian plazas and similar urban open spaces. as provided in the district regulations. Plaza means an open space or area, provided in compliance with the standards of the PCD district regulations that is improved to facilitate pedestrian use and public access, usually surrounded by public access areas and buildings. Plazas may include, but are not limited to, accent pavers, landscaping, seating, fountains, sculpture, bike racks, and architectural elements. Plaza means a pedestrian-friendly open space area that extend the public realm from the street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate pedestrian use, public gatherings and congregations. Plazas are usually provided in front of buildings, incorporating urban design elements such as special pavers, public art, and water features. Landscape Definitions Specimen tree means a tree listed in the city’s landscape manual as a specimen species is defined per Sec. 34-447 (d)(2)(a). Sec. 34-733. - Master use list and use definitions. APPENDIX A. MASTER USE LIST AND USE DEFINITIONS Use Related Uses Definition Maker Space work space for wood and metal working, textiles, jewelry, artists, crafters, ceramics, robotics, electronics and digital production. Collaborative workspace where people with shared interests, in technology, engineering, art, film, digital production and design, gather to work on projects, share ideas, and learn from each other. These spaces typically provide access to a variety of tools, equipment, and resources that may be too expensive or specialized for individuals to own themselves. Excludes vocational schools, degree-granting art schools and training facilities. Restaurant (See section 34- 288 for special requirements) Restaurant, Accessory bar/lounge, Sports, Amusement, Coffee/sandwich shop, Cafeteria, Outdoor café, Takeout, food hall Restaurant means any business which primary business is the sale of food prepared on the premises for consumption on or off the premises; where the sale of liquor and/or beer and wine is entirely incidental to the principal use of selling food; where seating and table service with a full menu selection are available during normal business hours; where at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. Accessory bar, lounge means that area or portion of the main restaurant establishment, where alcoholic beverages are served on the premises; where seating is provided; where background music or live entertainment, amusement, and/or broadcast events Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6 may be provided; where the hours of operation coincide with those of the main restaurant establishment; and where located logically incidental and accessory within the main restaurant establishment. Sports restaurant means any restaurant that provides as primary entertainment and enjoyment for a majority of its' patrons broadcasted sports events and other similar events. Amusement restaurant means any restaurant that provides activities for patrons such as billiards, games, sports, computer gaming, internet, and other similar activities. Shall not include restaurants/bar, eating establishments accessory to a casino gaming or racetrack facility. Coffee shop/sandwich shop means an eating establishment in which coffee, juices, smoothies and other similar beverages and light meals are served for consumption on the premises or taken off premises by patrons for consumption. Table service and full course meals are not offered to patrons. Cafeteria means an eating establishment where food is either prepared on the premises or off premises of which food is obtained by self-service and which may be eaten on the premises with provided seating or taken off premises by patrons for consumption. Outdoor café means a portion of the main restaurant, hotel, or other types of eating establishment which the patron area and table service is provided outdoors. Restaurants, takeout means an establishment selling food and beverages in a form ready for consumption, all or a significant portion of the consumption occurs off the premises. Food hall shall be comprised of three or more restaurants, which primary business is the sale of food prepared on the premises for consumption on or off the premises, where sale of liquor and/or beer and wine is entirely incidental to the principal use of selling food. The primary function of a food hall is to provide a variety of dining options rather than serving as a primarily alcohol-focused establishment. Work-Live Loft (See section 34-288 for special requirements) A structure or part of a structure that combines commercial, office, makerspace type uses with an accessory residential component designed to accommodate the needs of a specific profession or trade. The profession or trade activity must be a legitimate business operation, subject to a valid Business Tax Receipt and Certificate of Use associated with the premises. Docusign Envelope ID: 11D9A29F-4D9B-4961-B1B7-8A2B1A914EC6