HomeMy Public PortalAbout15-29 PROHIBITING NIGHTCLUBS, BARS, LOUNGES, CLUBS AND OTHER ESTABLISHMENTS THAT SALE ALCOHOL 1st Reading: July 22, 2015
2nd Reading: September 29, 2015
Public Hearing: September 29, 2015
Adopted: September 29, 2015
Effective Date: September 29, 2015
Sponsored by: Commissioner Santiago
ORDINANCE NO. 15-29
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 86-8,
ARTICLES 6.1, 6.2, 6.3, 6.4 AND 6.5; PROHIBITING
NIGHTCLUBS, BARS, LOUNGES, CLUBS AND OTHER
ESTABLISHMENTS THAT SELL ALCOHOL FROM
OPERATING IN RESIDENTIAL DISTRICTS; PROVIDING
FOR SEVERABILITY AND CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the currently, bars, nightclubs, lounges, Clubs and other establishments that
sell alcohol are not a permitted use in residential zoning districts in the City of Opa-locka; and
WHEREAS, The City Commission desires to explicitly prohibit nightclubs, bars, Lounges,
clubs and other establishments that sell alcohol from operating in any residential zoning district.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City of Opa-locka City Commission hereby Amends Chapters 86-
8, Articles 6.1,6.2,6.3,6.4 and 6.5 to explicitly prohibit nightclubs, bars, lounges,
clubs and other establishments that sell alcohol from operating in any residential
zoning district in the City of Opa-locka. In addition, no existing permitted use in
these zoning districts may be modified to permit such a usage.
Section 3 All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance No. 15-29
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 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6.EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 29th day of September, 2015.
, /
...,„„
'yra . Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
A1.1. .L / b
1)anna Flores Vincent T. Brown
0*ty Clerk The Brown Law Group
City Attorney
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER PINDER
Commissioner Vote: 4-1
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: NO
Mayor Taylor: YES
24ND I SUNDAY,AUGUST 23,2015 ND MiamiHerald.com I MIAMI HERALD
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CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC CITY OF OPA-LOCKA,FLORIDA
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, NOTICE OF BUDGET HEARINGS
Florida will hold a public hearings at its Regular Commission Meeting on Wednesday, FY 2015-2016
September 9.2015 at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President
Barack Obama(Perviz)Avenue,Opa-locka.Florida to consider the following items: NOTICE iS HEREBY GIVEN that the City of Opa-locka City Commission will
SECOND READING ORDINANCES/PUBLIC HEARINGS: hold public hearings at its First Budget Hearing on Thursday.September 10,2015
(a
5:01 p.m.and Second Budget Hearing on Wednesday,September 23.2015(i;
AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF 5:01 p.m.in the Auditorium at Sherbondy Village,215 President Barack Mama
OPA-LOCKA, FLORIDA, ESTABLISHING PROCEDURES FOR AGENDA (Perviz)Avenue,Opa-locka,Florida:
PREPARATION; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR PUBLIC HEARINGS:
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE AN ORIDNANCE OF THE CITY COMMISSION OF THE CITY OF
DATE(first reading held on July 22,2015). OPA-LOCKA, FLORIDA, ADOPTING A FINAL MILEAGE RATE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- PURSUANT TO SECTION 200.065,FLORIDA STATUTES,FOR FISCAL
LOCKA,FLORIDA,AMENDING CHAPTER 86-8,ARTICLES 6.1,6.2,6.3,6.4 YEAR 2015-2016, COMMENDING OCTOBER 1, 2015 THROUGH
AND 6.5; PROHIBITING NIGHTCLUBS, BARS, LOUNGES, CLUBS AND SEPTEMBER 30,2016;SETTING FORTH PUBLIC HEARINiNG DATES;
OTHER ESTABLISHMENTS THAT SELL ALCOHOL FROM OPERATING PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR
iN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY AND REPEAL OF ALL PRIOR ORDINANCES iN CONFLICT; PROVIDING
CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
on July 22,2015).
AN ORIDNANCE OF THE CiTY COMMISSION OF THE CiTY OF AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA,AMENDING CHAPTER 4,ARTiCLEI,SECTION 4-8; OPA-LOCKA, FLORIDA, APPROVING AND ADOPTING THE CITY'S
PROHIBITING SALE OF ALCOHOLIC BEVERAGES WITHIN 1,000 FEET OF BUDGET FOR THE FISCAL YEAR 2015-2016, INCLUDING THE
PARKS;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING GENERAL, SPECIAL REVENUE, PROPRIETARY, CAPITAL AND
FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND DEBT SERVICE FUND BUDGETS,COMMENCING OCTOBER I,2015,
CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held THROUGH SEPTEMBER 30,2016;PROVIDING FORTHE EXPENDITURE
on July 22,2015). OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE
CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING
OPA-LOCKA, FLORIDA, AMENDING THE CiTY CODE BY CREATING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT;
ARTICLE XV. "MASSAGE THERAPY ESTABLISHMENTS", IN CHAPTER PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
13, "LICENSES AND BUSINESS REGULATIONS"; PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABLLITY;
ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY PROVIDING FOR AN F.PFECTiVE DATE.
ESTABLISHMENTS;PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDNG FOR INCORPORATION INTO THE CITY CODE; PROVIDING Additional information on the above items may be obtained in the Office of the City
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING Clerk,780 Fisherman Street,4°'Floor,Opa-locka,Florida.All interested persons
FOR AN EFFECTIVE DATE(first reading held on July 22,2015). are encouraged to attend these meetings and will be heard with respect to the public
Additional information on the above items may be obtained in the Office of the City hearings.
Clerk.780 Fisherman Street,4'Floor,Opa-locka.Florida.All interested persons are
encouraged to attend these meetings and will be heard with respect to the public hearings. in accordance with the Americans with Disabilities Act of 1990. persons
In accordance with the Americans with Disabilities Act of 1990, persons need* needing special accommodations to participate in the proceeding should contact
special accommodations to participate in the proceeding should contact the Office of the Office of the City Clerk at (305) 953-2800 for assistance no later than
the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the seven (7)days prior to the proceeding. If hearing impaired.you may telephone
proceeding-If hearing impaired.you may telephone the Florida Relay Service at(8001) the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice).
955-8771(TTY).(800)955-8770(Voice).(877)955-8773(Spanish)or(877)955-8707 (877)955-8773(Spanish)or(877)955-8707(Creole).
(Creole).
PURSUANT TO FS 286.01(15:Anyone,vho desires to appeal any decision made hi.am PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made
hoanl,agenc_7-,or commission wall respeci to ant matter considered at such meeting or hr ant board.agency,or commission with respect to aril'matter considered at such
hearing will need a record of the prnct edi,tos,and fin-that reasrm,mar need to ensure meeting or hearing will need a record of the proceedings,and for that reason,inn
that a verbatim m record nl'the proceedings is made,which record includes the testimor(r need to ensure that a verbatim record of the proceedings is made, which record
and evidence upon which the appeal mar he bused. includes the testimony and evidence upon which the appeal may be based.
JOANNA FLORES,CMC JOANNA FLORES,CMC
CITY CLERK CiTY CLERK
ARTICLE 6
SCHEDULE OF DISTRICT REGULATIONS
6.1 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
A. District Purpose
This district is designed to recognize the need to provide areas within which
the single family residence can be protected from the more intense activities
of other land use.
B. Uses Permitted
No land, water or structure may be used, in whole or in part, except for one
or more of the following uses:
1. Single family detached dwelling.
2. Home occupations for medical doctors, dentists, physicians and
clergymen.
3. Municipal buildings and uses.
4. Religious facilities.
5. Accessory uses for the above provided the use covers no more than
thirty percent(30%) of the remainder of the lot.
C. Prohibited Uses
1. Night Clubs
2. Bars
3. Lounges
4. Bath Houses
5. Other similar Clubs and other establishments that sell alcohol
for consumption on or off the premise.
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€D. Minimum Lot Area
Five thousand (5,000) square feet for existing platted lots except that new
plats will be required to have seven thousand five hundred (7,500) square
feet as a minimum.
D-,E. Minimum Lot Width
Fifty (50) feet for existing platted lots except that any new plats will be
required to have a seventy-five (75) foot width. Existing plats greater than
seventy-five (75) feet cannot be reduced below seventy-five (75) feet to
provide for a greater number of units.
EF. Minimum Yards
Yard Setback(ft.)
Front 25
Side (Interior lot) 5 or 10% of lot width; maximum
required 7 ft. 6 in.
Side, street 15
Rear 25
Accessory uses 5 ft. from side or
rear property line.
F.C. Maximum Building Height
Two and one-half(2 'A) stories or twenty-five (25) feet.
(11. Minimum Floor Area
Nine hundred (900) square feet.
IL I. Other
When a project contains more than ten (10) single family units, site plan
review shall be required. When streets are unimproved, site plan review
shall be required for developments containing two or more single family
units.
Decorative walls/fencing may not exceed 4'0" along the front or side street
property line or along the front setback access, and shall not exceed 6'0" in
other areas.
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1J. Land Coverage
The maximum amount of site area which may be covered by all uses
requiring impervious ground coverage including, but not limited to,
structures, driveways, parking areas, tennis courts, patios and swimming
pools, shall not exceed sixty percent(60%) of the total site area.
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6.2 R-2 TWO FAMILY (DUPLEX) RESIDENTIAL DISTRICT
A. District Purpose
The purpose and intent of the R-2 district is intended primarily for the
development of duplex residential structures.
B. Uses Permitted
No land, water or structure may be used, in whole or in part, except for one
or more of the following uses subject to applicable district regulations:
1. R-1 uses subject to regulations in R-1 district.
2. Duplexes.
3. The following uses may be permitted as special exceptions subject to
site plan review:
a. Religious facilities and their educational buildings.
b. Municipal buildings and uses.
c. Day care centers.
4. Accessory uses for the above uses.
C. Prohibited Uses
1. Night Clubs
2. Bars
3. Lounges
4. Bath Houses
5. Other similar Clubs and other establishments that sell alcohol
for consumption on or off the premise.
DC. Minimum Lot Area
Five thousand (5,000) square feet for existing platted lots, except that new
plats will be required to have seven thousand five hundred (7,500) square
feet as a minimum.
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ED. Minimum Lot Width
Fifty (50) feet for existing platted lots, except that new plats will be required
to have seventy-five (75) feet as a minimum. Existing plats greater than
seventy-five (75) feet cannot be reduced below seventy-five (75) feet to
provide for a greater number of units.
FE. Minimum Yards
Yard Setback(ft.)
Front 25
Side, interior lot 5 or 10% of lot width; maximum
required 7'6".
Side, street 15
Rear 25
GE. Maximum Building Heights
Two and one-half(2 'A) stories or twenty-five (25) feet,whichever is less.
HG. Minimum Floor Area
The minimum floor area shall be seven hundred fifty (750) square feet for
two bedroom units and six hundred (600) square feet for a one bedroom unit,
exclusive of attached garages, carports, terraces, breezeways and/or porches.
I14. Other Requirements
Site plan review shall be required for developments containing five (5) or
more duplex structures. If streets are unimproved, site plan review shall be
required for two (2) or more duplex structures.
Decorative walls/fencing may not exceed 4'0" along the front or side street
property line or along the front setback access and shall not exceed 6'0" in
other areas.
J1. Land Coverage
The maximum amount of site area which may be covered by all uses
requiring impervious ground coverage including, but not limited to,
structures, driveways, off-street parking areas, tennis courts, patios, and
swimming pools shall not exceed sixty percent (60%) of the total site area.
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6.3 R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT
A. District Purpose
The purpose of this district is to provide suitable sites for the development of
moderate density multifamily uses with accompanying landscaped open
spaces which are designed in such a manner as to serve as a transitional land
use element between less intensive single family and townhouse residential
uses and more intensive multi-family and/or commercial industrial uses.
B. Uses Permitted
C. Multi-family residential use - Multi-family dwellings developed in
such a manner as to be in compliance with the standards herein
provided.
D. Other- R-TH subject to regulations.
E. Special Exceptions
a. Boarding Houses, Tourist Homes (with site plan review).
b. Nursing or Convalescent Homes (with site plan review).
F. Accessory uses which are supportive of and compatible with a
permitted multi-family residential use shall be permitted. Permitted
accessory uses may include, but not be limited to, day care centers,
tennis courts, swimming pools, recreation rooms, off-street parking
areas and storage facilities, which shall be related to and available for
the common usage of all project residents.
C. Prohibited Uses
1. Night Clubs
2. Bars
3. Lounges
4. Bath Houses
5. Other similar Clubs and other establishments that sell alcohol
for consumption on or off the premise.
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ED. Site Development Standards
1. Site Area - The minimum required site area shall be not less than
twenty thousand (20,000) square feet for a multi-family development.
2. Density - The maximum number of dwelling units per acre shall be
fifteen (15). Such acreage calculations shall not include public right-
of-ways or more than fifty percent (50%) of any on-site lake or water
area included within the project boundaries.
3. Height - The maximum height of any structure shall not exceed three
(3) stories or forty-five (45) feet,whichever is less.
4. Setbacks - Yard setbacks shall be in compliance with the following
minimum requirements:
Yard Setback (ft.)
Front 25
Rear 25
Side (street lot) 20
Side (interior lot) 15
Side (between structures) 20, except there shall be
thirty (30) when a window
is on the wall.
5. Pedestrian Ways - Pedestrian ways or sidewalks constructed of
concrete, tile paving blocks, brick or other acceptable material shall
provide access from all multi-family structures to required off-street
parking areas and recreational uses.
6. Land Coverage - The maximum amount of site area which may be
covered by all uses requiring impervious ground coverage including,
but not limited to, structures, streets, alleys, pedestrian ways,
driveways, off-street parking areas, tennis courts, patios, and
swimming pools shall not exceed eighty percent (80%) if the total site
area.
7. Landscaping- All pervious areas shall be landscaped with grass, trees
and shrubbery. A minimum of ten (10) trees per acre of total site area
shall be provided prior to the issuance of a certificate of occupancy.
Trees shall be not less than eight (8) feet in height and three and one-
half (3 l ) inches in diameter, four (4) feet above grade at the time of
planting. Landscaping shall be well maintained and an operable
100
sprinkler system for the continual irrigation of trees and other
landscape materials shall be provided.
8. A recreational area shall be provided. The Planning Council may
request other recreational amenities. A maintenance building/space
shall be provided.
D E. Minimum Unit Size - Five hundred (500) square feet for efficiency units; six
hundred twenty-five (625) square feet for one bedroom units; seven hundred
fifty (750) square feet for two bedroom units; one thousand (1,000) square feet
for three bedroom units, exclusive of garages, carports, terraces, breezeways and
porches.
FE. Groupings - The total length of any structure shall not exceed four (4) units
or one hundred (100) feet whichever is less.
GF. Other Requirements - Site plan review for thirty (30) or more units. An on-
site management office must be provided with twenty (20) or more units per
development.
Provide screened areas for trash and garbage pick-up.
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6-4 R-3A (R-TH)RESIDENTIAL TOWNHOUSE DISTRICT
A. District Purpose
The purpose of this district is to provide for sites of limited size to permit the
recreation of well planned, environmentally compatible, moderate density
townhouse residential neighborhoods. A townhouse shall be considered a type of
unit as distinguished from type of occupancy.
B. Uses Permitted
No body of land, water or structure may be used, in whole or in part, except for
one or more of the following uses:
1. Townhouse — Townhouse shall be defined as two (2) or more attached
dwelling units to be served by separate utility services, usually a two story
high unit and not more than one unit on top of another.
2. Accessory Uses — Accessory uses which are designed in a manner
compatible with townhouse residential units and relate to the common need
of all project inhabitants, shall be permitted. Accessory uses shall include
recreation buildings, swimming pools, playfields, utility or maintenance
buildings, and other similar uses.
C. Prohibited Uses
1. Night Clubs
2. Bars
3. Lounges
4. Bath Houses
5. Other similar Clubs and other establishments that sell alcohol
for consumption on or off the premise.
D. C. Site Development Standards
1. Minimum Site Area — Ten thousand (10,000) square feet. Individual unit
lots shall be shown and must have a minimum of one thousand five
hundred (1,500) square feet in area.
2. Maximum Density—Sixteen (16) units per gross acre of land.
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3. Maximum Height—Three (3) stories, or thirty (30) feet,whichever is less.
4. Minimum Yard Setbacks
Setback Feet Other
Front 25 No more than three consecutive
units shall have the same front
setbacks. The front setback shall
not be encumbered with any
structure.
Rear 20
Rear 20 Twenty feet shall apply when there
(Between Groupings) are no windows on either wall.
Thirty feet shall apply when at
least one building wall has
windows. An additional ten feet
shall be required if a driveway is
provided between such groups.
Side 15 Units; parking and landscaping
(Street) located at street intersections shall
be setback or located in such a
manner as not to obstruct visibility
at the intersection.
Interior 15 In addition to any other setback as
Lot Lines required.
5. Streets — All townhouse unit sites shall be located on publicly dedicated
streets or private drives and all improvements shall meet all applicable
requirements.
6. Pedestrian Ways — All Townhouse units shall be connected by an
unobstructed pedestrian way relating to either the front or rear of the unit to
all common recreational areas and open space designed for, and intended for
use by the occupants of the unit. Pedestrian ways or sidewalks constructed of
concrete, tile, paving block, or brick shall connect each unit to its reserved
off-street parking space.
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7. Landscaped Open space — All townhouse projects shall be required to
provide the following landscaped and open space, and shall be in addition to
the requirements of the Landscape Section provisions.
a. There shall be provided a minimum of ten (10) trees per gross acre. Trees
shall be a minimum of eight (8) feet in height and three (3) inches in
diameter, four (4) feet above grade at time of planting. All required
landscaping and trees and an operable sprinkler system shall be installed
prior to the issuance of a certificate of occupancy.
b. Common spaces are encouraged and may provide right-of-ways, open
space, off-street parking areas, street or driveway, areas used for active
recreational purposes such as swimming pools, tennis courts, pedestrian
ways, recreation buildings and other similar uses, may be landscaped and
well maintained with grass, trees and shrubbery.
c. On each individual townhouse site, at grade, there shall be provided at
least three hundred (300) square feet of private ground level outdoor
living area with one space a minimum of two hundred (200) square feet.
Said area shall not include areas allocated for off-street parking,
driveways, and/or service areas.
d. All private outdoor ground level living areas shall be enclosed with a
minimum six (6) feet high privacy fence or visual barrier. Units which
back on lakes, golf courses, or open space areas may have the required
rear fence section reduced or removed for direct exposure to said open
spaces. All outdoor trash receptacles and public service areas shall be
visually screened from public view.
8. Maintenance of Common Area and Facilities
Provisions satisfactory to the city shall be made to assure that all non-public
areas and facilities for the common or joint use of all project residents shall be
maintained in a satisfactory manner without expense to the general taxpayer
or the City of Opa-locka. Such may be provided by the incorporation of an
automatic membership home association for the purpose of continuously
holding title to such areas and facilities and levying assessments against each
townhouse unit for the purpose of paying taxes and maintenance.
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Such non-public areas and facilities may include, but not be limited to,
recreational areas, off-street parking bays, private streets, sidewalks, street
lights, and common open and landscaped areas. Other methods may be
acceptable if the same positively provides for the proper and continuous
payment of taxes and maintenance without expense to the general taxpayer.
Where the character and location of common open space would benefit the
general public, the city shall have the option of requesting and accepting, with
the approval of the developer, dedication of said common open space to the
city in which case the city shall assume all responsibility for maintenance.
9. Common Walls — Townhouse units shall be separated by a sound proof
common wall of masonry material at least eight (8) inches thick which shall
extend at least from the foundation to the underside of the roof sheathing,
and the underside of the roof shall be at least one (1) hour fire resistant for a
width of at least four (4) feet on each side of wall or the wall shall extend at
least three (3) feet above the roof line of the adjacent structure. Separate,
per unit plumbing, ducts, piping, or electrical hardware may be installed in
the common wall.
10. Special Exceptions—The standards established in paragraphs 4, 7, 8, and 10,
and 14 herein, may be modified by site plan approval after public hearing
provided that such exceptions, when incorporated within the site plan,
illustrate that the purpose and intent of the ordinance and all other
applicable ordinances will be met.
11. A recreational area shall be provided. The Planning Council may request
other recreational amenities. A maintenance building/space shall be
provided.
a. Provide screens and trash/garbage pick-up areas.
E.O. Minimum Unit Size
Seven hundred fifty (750) square feet for two bedroom units and six hundred
twenty-five (625) square feet for one bedroom units, exclusive of garages,
carports, terraces, breezeways and porches.
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F. E. Grouping
The total length of any structure shall not exceed five (5) units or one hundred
twenty-five (125) feet,whichever is less.
G K Other Requirements
1. Site Plan Review.
a. Parking— Off-street parking shall be located in such a manner as to allow direct
and efficient access to units, walking distance from any remote space not to
exceed one hundred fifty (150) feet to front or rear door of townhouse unit.
Parking is encouraged in the rear of units and/or behind a visual barrier from
the street.
106
6.5 R-4 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT
A. District Purpose
The purpose of this district is to provide suitable sites for the development of
medium density multi-family uses with accompanying landscaped open space
which are designed in such a manner as to serve as a transitional land use
element between less intensive residential uses and more intensive multi-
family and/or commercial/industrial uses.
B. Uses Permitted
1. Multi-Family Residential Use: - Multi-family dwellings developed in
such a manner as to be in compliance with the standards herein
provided, and R-3 and R-TH districts, excluding R-1 and R-2.
2. Accessory Uses, which are supportive of and compatible with a
permitted multi-family residential use, shall be permitted. Permitted
accessory recreational and maintenance uses which may include, but
are not limited to, tennis courts, cabanas, swimming pools, recreation
rooms, off-street parking areas and storage facilities which shall be
related to and available for the common usage of all project residents.
C. Prohibited Uses
1. Night Clubs
2. Bars
3. Lounges
4. Bath Houses
5. Other similar Clubs and other establishments that sell alcohol
for consumption on or off the premise.
D.E. Site-Development Standards
1. Site Area: The minimum required site area shall be not less than
20,000 square feet minimum for R-4 developments; R-TH is allowable
subject to the requirements of the respective district regulations,
except density and height which shall be governed by this section.
2. Density: The maximum number of dwelling units per gross acreage of
land shall be eighteen (18).
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3. Height: The maximum height of any structure shall not exceed four (4)
stories or forty-five (45) feet,whichever is less.
4. Setbacks: Yard setbacks shall be in compliance with the following
minimum requirements:
Yard Building Height Setback(feet)
Front 1 & 2 story 20
3 story 30
4 story 30
Rear 1 & 2 story 20
3 story 20
4 story 20
Side (corner lot or
between structures) 1 & 2 story 20 except there shall be
thirty (30) feet when a
window is on the wall.
3 story 30
4 story 30
Side (interior lot line) 1 & 2 story 15
3 story 20
4 story 20
Adjacent
single-family
residential district 1 & 2 story 25
3 & 4 story 30
5. Pedestrian Ways: Pedestrian ways or sidewalks, constructed of
concrete, tile, paving, blocks, brick or other acceptable material, shall
108
provide access from all multi-family structures to required off-street
parking areas and recreational areas.
6. Land Coverage: The maximum amount of site area which may be
covered by all uses requiring impervious ground coverage, including
but not limited, to structures, streets, alleys, pedestrian ways,
driveways, off-street parking areas, tennis courts, patios, and
swimming pools, shall not exceed seventy percent (70%) of total site
area.
7. Landscaping: All pervious areas shall be landscaped with grass, trees
and shrubbery. A minimum of twenty-four (24) trees per acre of total
site area shall be provided. Trees shall not be less than eight (8) feet
in height and three and one-half(3 %) inches in diameter, four (4) feet
from grade, at the time of planting. Landscaping shall be well
maintained and a sprinkler system for the continual irrigation of trees
and other landscape materials shall be provided prior to the issuance
of the certificate of occupancy.
8. A recreational area shall be provided. The Planning Council may
request may request other recreational amenities. A maintenance
building/space and office management space shall be provided.
ED. Minimum Unit Size: - Five hundred (500) square feet for efficiency units; six
hundred twenty-five (625) square feet for one bedroom units; seven hundred
fifty (750) square feet for two bedroom units; one thousand (1,000) square
feet for three bedroom units; one hundred fifty (150) square feet for each
additional bedroom, exclusive of garages, carports, terraces, breezeways and
porches.
FE. Groupings
The total length of any structure shall not exceed six (6) units or one hundred
twenty-five (125) feet, whichever is less.
GF. Other Requirements
1. Site plan review for thirty-six (36) or more units.
2. Provide screened areas for trash and garbage pick-up.
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