VILLAGE, FLORIDA, AMENDING APPENDIX A, “ZONING,”
ARTICLE II, “DEFINITIONS,” SECTION 201, “TENSE AND
NUMBER; CERTAIN WORDS, TERMS DEFINED” TO UPDATE
DEFINITIONS; ARTICLE III, “DISTRICTS AND DISTRICT MAP,”
SECTION 300(2) AND ARTICLE IV, “ESTABLISHMENT OF
REGULATIONS,” SECTION 411, “SCHEDULE OF
REGULATIONS,”TOINCLUDE THECOMMUNITYRESIDENTIAL
DISTRICT; AND CREATING DIVISION 25, “COMMUNITY
RESIDENTIAL DISTRICT” TO ESTABLISH REGULATIONS FOR
THE CR – COMMUNITY RESIDENTIAL DISTRICT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
WHEREAS, the Village Council of Miami Shores Village, Florida (the “Village”)
finds it periodically necessary to amend its Code of Ordinances (the “Village Code”) to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, pursuant to Ordinance No. 2023-09, the Village amended its
Comprehensive Plan Future Land Use Element and Future Land Use Map, including
designating certain parcels of land as Community Residential District (the “Amendment”);
and
WHEREAS, in response to the Amendment, Appendix A, “Zoning,” of the Village’s
Code of Ordinances (“Zoning Code”) must be amended to create regulations that
establish the Community Residential zoning district (the “Proposed Amendment”) to
provide a regulatory framework that encourages residential development in a manner
consistent with the vision set forth in the Comprehensive Plan; and
WHEREAS, the Proposed Amendment aims to strike a balance between
promoting high-quality urban design, preserving neighborhood character, and facilitating
the efficient use of land resources; and
WHEREAS, the Proposed Amendment seeks to address issues related to
setbacks, density, building design, open space requirements, and other relevant factors
to promote a cohesive and sustainable development pattern; and
WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency,
reviewed the Ordinance, and voted to recommend __________ of the Ordinance; and
WHEREAS, the Village Council has reviewed the Ordinance at a duly noticed
public hearing in accordance with law and determined that it is consistent with the Village
Comprehensive Plan; and
WHEREAS, the Village Council finds that this Ordinance is necessary and in the
best interest of the public health, safety, and welfare of the Village.
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
confirmed, adopted, and incorporated herein and made a part hereof by reference.
Section 2. Amendment To The Village Code. That Appendix A, “Zoning,” of
the Village Code of Ordinances is hereby amended as follows:
Building. Any combination of materials forming any construction, the use of which
requires location on the ground or attachment to something having location on the ground.
Dwelling. A building containing dwelling units. The term “one-family dwelling” or
"multifamily dwelling" shall not be deemed to include hotel, motel, rooming house or other
accommodation used for more or less transient occupancy.
Dwelling, one-family. A building containing only one dwelling unit.
Dwelling, multifamily. A building or portion thereof containing more than one dwelling unit;
or a group of two or more dwellings of any type occupying a plot in one ownership and
having any yard or court in common.
Dwelling unit. Living accommodations with cooking facilities for one family.
Plot. A parcel of land, not necessarily coinciding with a lot or lots shown on a map of
record, which is occupied or to be occupied by a building and, if any, its accessory
buildings, or by a group of buildings having any yard or court in common and, if any, the
buildings accessory to such group, together with the open spaces appurtenant to such
building or group, and which parcel has frontage on a platted street.
Plot area. The total area of the normally dry land of a plot within the boundary lines
thereof.
Private Street. A thoroughfare that is not dedicated for public use but provides the
principal means of access to abutting land. A private street is maintained by a private
entity, such as a homeowners' association, property owner, or developer, and is not
maintained by public authorities. Access may be restricted to authorized users, and the
design, construction, and upkeep of the street are subject to private agreements and
regulations rather than public standards
Street. A public thoroughfare, however designated, that affords the principal means of
access to abutting land.
Townhouse An attached one-family dwelling unit that is part of a group of (3) three or
more such units, provided, however, that up to 10% of the total number of dwelling units
on any site plan may be developed in two (2) dwelling unit groupings.
Townhouse parcel. A defined portion of land within a larger plot, specifically designated
for individual townhouse development. Each townhouse parcel within a plot is intended
for the construction of a single townhouse unit and may include a portion of common
areas such as yards, driveways, and walkways. Parcels are individually platted and
identified on a subdivision map, with each townhouse parcel having specific boundaries
descriptions.
The territory of the
(2)
is hereby divided into the following classes of districts:
residential districts (which may be referred to collectively or severally
as “A” districts) of the following classes:
Sec. 590. -
The purpose of the Community Residential (CR) district is to provide implementing land
development regulations for the properties designated Community Residential on the
village comprehensive plan future land use map. The CR district permits detached one-
family residential development at a density not to exceed six (6) dwelling units per gross
acres in accordance with the one-family (R) district regulations. The Community
Residential district permits the development of multifamily dwellings and townhouses at
a density not to exceed thirteen (13) dwelling units per gross acre in order to broaden and
diversify the housing stock in the village, providing more housing choices for village
residents.
Sec. 591. –
(1) Zoning Guidelines No land, body of water, or building shall be used or permitted to
be used, nor shall any building be erected, constructed, moved, reconstructed,
structurally altered, or maintained, for any purpose except the following uses.
i. General. Townhouse development shall comply with the regulations of this
section of the code. Each townhouse shall be constructed upon a townhouse
or condominium parcel. Each townhouse development shall provide common
open space(s) to be used and shared by the townhouse owners and maintained
by a homeowner’s or condominium association.
ii. Review Criteria. Townhouse development shall be subject to site plan review,
in accordance with this subsection. Notwithstanding anything in the Code to the
contrary, townhouses shall have frontage and access to streets or private
streets or common open space, will include pedestrian connectivity and
enhanced mid-block pedestrian crossings, and be well-lit and easily accessible.
iii. Ownership, Townhouse Modification, Access. Townhouse ownership shall be
fee simple with common areas to be owned and maintained by a condominium
or homeowners’ association. All modifications to the exterior of a townhouse,
including façade elevation or modifications to townhouse parcel or open space,
shall require approval from the condominium or homeowner's association prior
to submitting a request to the Village.
iv. Development Standards.
(a) Maximum density: Thirteen (13) dwelling units per gross acre.
(b) Maximum FAR: 0.65.
(c) Minimum plot size: Five (5) gross acres.
(d) Minimum townhouse parcel: One thousand (1,000) square feet.
(e) Minimum townhouse size: One thousand two hundred (1,200) feet.
(f) Common open space: A minimum of twenty percent (20%) of the plot to
be developed with townhouses shall be provided as common open
space. Swimming pools, tennis courts, shuffleboards, pedestrian walks,
entrance features, recreation buildings, maintenance buildings for the
common areas, lakes, canals and lagoons, and other recreational uses
may be counted towards this requirement.
Common open space shall be set aside and owned and maintained by a
condominium or homeowners’ association. Common open space shall
be landscaped with Florida native plant material or natural open areas
located in the built environment, such as plazas, pocket park, and
boulevard medians. Common open space shall prioritize social, passive,
and recreational uses, but can be also used for civic, storm water, and/or
natural environmental purposes when installed with amenities. Amenities
within common open spaces may include benches, trash bins, water
fountains, trails, maintained pollinator gardens, and pathways.
Common open space improvements shall be constructed by the
developer and owned and maintained by condominium or homeowner’s
association.
(g) Minimum Townhouse Parcel Open Space: Ten percent (10%). Open
space includes private yards, gardens, patios, and other outdoor areas
that are exclusively for the use of the townhouse parcel owner.
Townhouse parcel open space improvements shall be constructed by the
developer and owned and maintained by condominium or homeowner’s
association. The landscape requirements of Appendix A, including this
section, shall apply.
(h) Streets, Private streets, and Street Scape: Private streets shall be
constructed by the developer and owned and maintained by
condominium or homeowner’s association.
Streetscape improvements shall include sidewalks or pathways that are
at least five (5) feet wide within the development plot and at least six (6)
feet wide within the public right-of-way, landscape planting beds, and
tree canopies to provide shade and characters to street experience.
Streetscape improvements shall be provided on the public rights-of-way
from the back of the street curb to the plot.
(i) Width: Minimum width shall be eleven (11) feet.
(ii) Sidewalk and Planting Strip: Shall include a six (6) foot sidewalk
and a five (5) foot planting strip or five (5) foot by five (5) foot tree
grates using Silva Cell technology.
(iii) Trees: Shade trees, native to Florida, spaced up to twenty (20)
feet apart to ensure at least eighty-five percent (85%) of the street-
side sidewalk is shaded.
(i) Townhouse groupings. Townhouse groupings shall have a minimum of
three (3) townhouses but not more than eight (8) units along any single
frontage and not more than thirteen (13) townhouses in a configuration
surrounding a driveway courtyard, provided however that up to ten
percent (10%) of the total number of townhouses on any plot may be
developed in (2) two-unit groupings in order to accommodate plot
conditions or provide common amenities.
(j) Front yard: Each townhouse grouping shall have a minimum five (5) foot
front yard from a street or private street.
(k) Rear yard. Each townhouse grouping shall have a minimum rear yard of
zero (0) feet. However, there shall be sufficient space provided either
within common areas and/or within the townhouse parcel or a
combination of the two, to provide adequate driveway and maneuvering
area to access the garages within the townhouses. When a townhouse
abuts a plot zoned exclusively for one-family (R) use, a ten (10) foot rear
yard is required between the property line to the townhouse group rear
elevation, inclusive of any balcony, awnings, or similar projections.
(l) Side yard. A minimum side yard of ten (10) feet shall be provided
between the end of a group of townhouses and another townhouse
group or the right-of-way line of a street or private street.
(m) Projections. Horizontal projections such as balconies and porches,
roofs, and architectural features may encroach into any required setback
up to a maximum of thirty-six (36) inches, or projections on elevations
that front one-family (R) district properties
(n) Height The maximum height for any townhouse shall be three stories
or thirty-five (35) feet to a flat roof or to the midpoint of a sloped roof,
measured from the design flood elevation required by FEMA regulations
and section 6-9 of the code. This height is inclusive of vertical
projections, mechanical equipment, and screening used. A partially
covered sky-view terrace may be located on the roof of a second (2nd)
or third (3rd) story, subject to the height limits. General elevation
requirements of the village zoning code shall apply.
(o) Parking and loading requirements
(i) Required Spaces. Two (2) parking spaces shall be required for
each townhouse. Such spaces may be provided within garages in
the townhouse, or on surface parking located on private on-street
spaces within the townhouse development or a combination of both.
Surface parking spaces shall be illuminated, and a photometric plan
shall be provided for review by the village as part of the
development’s site plan submission.
(ii) Guest Spaces. In addition to the required parking for each
townhouse, the townhouse development shall provide a minimum of
one (1) visitor parking space per ten (10) units. These spaces should
be prioritized to be located on private property or private on-street
spaces within the townhouse development. Spaces may be
supplemented with public on-street spaces at a rate of five (5) guest
spaces on private property for every one (1) guest space allowed on
public property. Guest spaces must be clearly identified through
pavement markings and/or signage for each required space.
(iii) Loading. Flexible loading areas, at a rate of one (1) space per
twenty-five thousand (25,000) square feet of gross building area
shall be provided on the plot for the use of loading vehicles and
standard parking spaces based on a schedule of use. As part of the
site plan submittal for the property’s development, a flexible loading
space plan shall be reviewed by the village for approval. The plan
shall note the location of the flexible loading spaces, permitted hours
for use for loading and standard parking, coordination with the
location of emergency vehicle staging areas, and signage or marking
used to identify spaces. The flexible loading areas shall comply with
all traffic coordination, pavement marking, and signage requirements
mandated by the village, county, and state, as applicable.
(p) Accessory buildings: Other than accessory buildings for common use or
maintenance of common facilities, no accessory buildings shall be
permitted on townhouse developments.
(q) Fences: A maximum forty-two (42) inch high fence is permitted and
encouraged to enclose front yard gardens. Fence materials may include
aluminum, picket, masonry precast, concrete, stucco, stone brick, or
stone veneer.
(r) Front yard gardens. Front yard gardens are required for all townhouses
with primary frontage on a street and are encouraged for all other
townhouses in the development. Front yard gardens shall be
landscaped with varying Florida native or Florida-friendly trees, plant
material, and hedges to be installed by the time of the townhouse’s
certificate of occupancy or the subdivision’s temporary certificate of
occupancy. These gardens shall be maintained by the townhouse parcel
owner or through an agreement between the townhouse parcel owner
and the homeowner or condominium association. Townhouse front yard
gardens may be secured with fences to maintain an active open street
front and shall allow visibility.
One tree with a maximum maturity height of ten to twenty (10 to 20) feet
and at least five (5) feet at the time of planting, or three (3) palms with a
minimum height of six (6) feet at the time of planting, are required within
the front yard gardens with frontage to a street. No more than twenty-
five percent (25%) of the trees required for the front yard gardens shall
be of a palm species. Parking may be either within private garages at
grade (on street) or a combination of both in order to provide an active
safe streetscape.
(s) Screening: Garages shall be screened from the main project
thoroughfares by buildings or landscaping. Buildings shall front on a
street, private street or any open space.
(t) Landscaping: A landscape plan is required in conformance with
provisions in Division 17, “Landscaping” of Appendix A. Landscaping
shall be utilized to enhance the overall aesthetic quality of the
development. Though private main roads may not contain landscaping,
landscape buffers and plantings shall be placed strategically along and
between buildings to break up building frontages. Perimeter buffers may
include trees, shrubs, hedges, grasses, and when needed, be combined
with fences or walls in order to benefit both the site and adjacent uses.
Existing specimen trees on site shall be protected during construction
and incorporated into the site’s final development.
(u) Utilities and services. Each townhouse shall be independently served by
separate heating, air conditioning, water, electric power, gas and other
facility and utility services, wherever such facility and utility services are
provided, and no townhouse shall be in any way dependent upon such
services or utility lines located within another unit or on or in another
townhouse or townhouse parcel, except as may be installed in a utility
easement. All electrical telephone and community lines in a townhouse
development shall be placed underground. However, this shall not
preclude necessary and required surface mounted equipment such as
transformers, connection boxes, and the like. Proper and adequate
access for firefighting purposes and access to service areas to provide
garbage and waste collection and for other necessary services shall be
provided.
(v) Illustrative Examples. The following townhouse layout samples provide
an illustrative example of a typical townhouse site layout. These sample
details are intended to depict possible orientations of the cluster and
inverted townhouse groupings. Building dimensions, layout, and
massing will be set forth on the approved site plan.
(i)
(ii)
(1) Placement of Main Entrances. Entrances. Townhouse entrances should be visible
from streets or private streets or open space with pedestrian connectivity, well-lit and
easily accessible.
(2) Building Expression.
a. Vertical articulation is encouraged to ensure the development is harmonious
with the surrounding area and provides visual harmony. This can be achieved
through variations in building heights, roof types, and rooftop amenities.
i. For townhouses fronting a street, building heights shall be limited to
twenty-five (25) feet for the first twenty-five (25) feet from the adjacent
property line.
b. Buildings are encouraged to have varying fenestration expression, as well as
varied treatments or surfaces on the exterior to articulate the building massing.
c. Well-designed buildings, using high quality materials, are preferred. Materials
may include, but are not limited to, glass, aluminum or metal, painted stucco,
architectural precast concrete, wood, brick, stone veneer or natural stone.
d. Material selection shall take into account durability and climate sensitivity.
e. Building facades should be articulated to provide opportunities for landscaping
wherever possible.
(3) Step backs in addition to required yard
a. For every story above the first level, an additional step back is required from
the minimum front and/or side yard established for the plot.
(i) The second-story step back shall be equal to fifteen percent (15%) of the
individual lot width.
(ii) The third-story step back shall be equal to twelve percent (12%) of the
second story width.
b. When a townhouse greater than one story is proposed within twenty-five (25)
feet of a street frontage, the façade width of the second or third story elevation
within this twenty-five (25) feet shall be limited to eighty percent (80%) of the
vertical plane width allowed for the first story.
c. Secondary Structures. Porches, covered entrances, or architectural features
may encroach into the front, rear, or sides yards of the townhouse, up to a
maximum of thirty-six (36) inches, except that covered entries may encroach
up to forty-eight (48) inches. Secondary structures that front property zoned
exclusively for one-family residential (R) use shall not be allowed to encroach
into the required yard.
(4) Roofs.
a. Roofs, if sloped, should be cladded with clay tile, painted metal, standing seam
roofing, concrete tile or shingles. Colors may vary depending on the material.
If flat, parapets should be installed to screen the flat roofs, with a maximum
height of thirty-six (36) inches, and should be included within the maximum
building height allowed for the district.
b. Gutters, downspouts, and projecting drainpipes should be made of painted
galvanized metal or copper or finished with a material similar to its natural color.
c. Principal roofs may be flat or sloped and may be accented by decorative roof
features. Flat roofs should be surrounded by continuous horizontal parapet
wall, which may have breaks with metal railings, when adjacent to top deck
areas. The maximum height for parapet walls used for screening flat roofs shall
be 36 inches and are included in the maximum building height calculation.
d. Roof penetrations, including vent stacks, should be placed back from the
principal frontage of the roof and finished to match the color of the roof.
e. Skylights, if provided, should be flat and mounted away from the principal
frontage of the roof.
f. Roof deck standards. Roof deck may include railings, and decorative elements,
such as trellises, water features, and landscape elements, and are limited to the
maximum building height established for the district.
(5) Corner conditions. Main building façade treatment should wrap around the corner of
primary and secondary streets and shall meet the required yard.
(6) Windows, doors walls and details.
a. Windows should be made of painted metal or anodized aluminum. Glass may
be clear or lightly tinted but not dark or reflective.
b. Doors should be painted metal, painted fiberglass, or made of aluminum or
glass. Glass may be clear or lightly tinted, but dark or reflective materials are
discouraged.
c. Solid metal security gates and solid roll-down windows are discouraged.
d. Windows should be sliding, single or double hung or operable casements.
e. Mullions may be included to provide a variety of glazing configurations.
f. Walls may be finished in stone, cast stone, stone veneer, stucco, brick, or wood.
g. Arches and piers may be finished stone, cast stone, stone veneer, stucco brick,
or wood.
h. Stoops may be finished in stone, cast stone, stone veneer, stucco brick, cement,
or wood.
i. Frontage walls may be finished stone, cast stone, stone veneer, stucco, brick or
wood.
j. Retaining walls may be finished stone, cast stone, stone veneer, stucco brick or
wood.
k. Fences should be made of decorative metal.
l. Wood, if visible, shall be painted or stained to assure proper maintenance and
durability.
m. Trellises and other garden elements may be made of aluminum, wood, cast, 509 stone, or stucco.
n. Awnings may be comprised of light metal armature with a canvas membrane.
o. Railings may be made of metal, glass, or a combination thereof.
p. Front walks may be made of brick stone, concrete pavers, stamped concrete, or
pervious pavers.
q. Awnings should not be internally lit.
r. Mechanical equipment, including HVAC units, utility meters, satellite dishes, and
play equipment, should be screened from view as much as possible. When 522 installed on walls, appropriate landscaping or screening should be used so the
equipment is not visible from the public right-of-way. When installed on roofs, they
should be screened by surrounding roof features such as parapets or decorative
elements. Vertical encroachment beyond the allowable building height in the CR 526 district is not permitted for mechanical equipment or its screening.
(7) Lighting. Lighting shall be harmonious with the development’s design. Any light posts 529 used shall have a maximum height of fifteen (15) feet from grade. A photometric plan is
required for all proposed lighting and shall be coordinated with the landscape plan. No
lighting proposed shall extend beyond the property limits or cause a nuisance to 532 neighboring properties.
534 535 Secs. 592—599. - Reserved. 536
Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of 537 Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are hereby 538 repealed, but only to the extent of such conflict. 539
Section 4. Severability. That the provisions of this Ordinance are declared to 540 be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for 541 any reason, be held to be invalid or unconstitutional, such decision shall not affect the 542 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but 543 they shall remain in effect, it being the legislative intent that this Ordinance shall stand 544 notwithstanding the invalidity of any part. 545
Section 5. Codification. That it is the intention of the Village Council and it is 546 hereby ordained that the provisions of this Ordinance shall become and be made a part 547 of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this 548 Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the 549 word “Ordinance” shall be changed to “Section,” or other appropriate word. 550
Section 6. Effective Date. That this Ordinance shall become effective 551 immediately upon adoption on second reading. 552 553 554 PASSED and ADOPTED this ____ day of ___________, 2024. 555 556 First Reading: _______ _, 2024 557 Second Reading: __________, 2024 558 559
565 Village
Ysabely Rodriguez, CMC
George Burch, DVM
Clerk Mayor
Weiss, Serota, Helfman,
+ Bierman, P.L.
Council Member Neil Cantor
Council Member Jerome Charles
Council Member Sandra Harris
Vice Mayor Jesse Valinsky
Mayor George Burch