In order to regulate and restrict the construction, reconstruction, alteration, location and use of Buildings, Structures, land and water, for trade, professions, residence or other purposes, and the location thereof, to regulate the size of Buildings and other Structures erected or altered, to regulate and determine the size and dimensions of Yards, Courts and other open spaces, and to regulate and limit the percentage of occupancy and the density of population, the Village is hereby divided into the following districts:

(Ord. No. 169, § 4-1, 6-29-74)

The Village is hereby divided into the zoning districts specified in this division, and the boundaries of such districts shall be listed and designated by lot and block numbers or tract numbers as shown on the following recorded plats recorded in the public records of Dade County, Florida:

(1)

Ocean Front Section of Bay Harbor, recorded in Plat Book 44, at page 27, of the public records of Dade County, Florida.

(2)

Residential Section of Bal Harbour, recorded in Plat Book 44, at page 98, of the public records of Dade County, Florida.

(3)

Resubdivision of Lot 21, Block 12 and Tract F of the Residential Section of Bal Harbour, recorded in Plat Book 53, at page 15, of the public records of Dade County, Florida.

(4)

Bal Harbour Ocean Front Addition, being a resubdivision of Lots 17, 18, and 19 of Ocean Front Section of Bay Harbor, Plat Book 44, page 27; that portion of former public road known as Collins Avenue closed by Resolution No. 6429 of Dade County Commissioners, Deed Book 3838, at pages 83, 84 and 85; and all of Tract G of Residential Section of Bal Harbour, Plat Book 44, page 98, all recorded in the public records of Dade County, Florida, in Plat Book 57, page 68.

(5)

Business Section of Bal Harbour, being a subdivision of Tract C and a portion of Tract D of the Residential Section of Bal Harbour, Plat Book 44, page 98, recorded in Plat Book 60, page 39, in the public records of Dade County, Florida.

(Ord. No. 169, § 4-2, 6-29-74)

(a)

The zoning districts provided for in this division are shown on a map designated as the Village of Bal Harbour Zoning District Map, dated and signed by the Mayor and Village Clerk. This map, with all notations, symbols, dimensions and references, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The zoning district map shall be available for public inspection in the office of the Village Clerk, and any later alterations or amendments to the map shall be similarly dated, filed, and made available for public reference.

(Ord. No. 169, § 4-3, 6-29-74; Ord. No. 502, § 1, 12-20-05)

(a)

Marijuana retail center. In accordance with F.S. § 381.986, as it may be amended, it is hereby expressly provided that marijuana retail centers are prohibited within the Village in each and every zoning district.

(b)

Other prohibited uses. Except as provided in any applicable zoning district regulations, any use not specifically identified as a permitted, conditional, accessory, or temporary use within a zoning district is prohibited in that zoning district.

(Ord. No. 2024-665, § 2, 10-29-24)

A height limit of 56 feet applies to municipal buildings, regardless of their zoning district or location.

(Ord. No. 2025-0667, § 3, 4-29-25)

Editor's note— Ord. No. 2025-0667, § 3, adopted April 29, 2025, set out provisions intended for use as § 21-79. Inasmuch as there were already provisions so designated, said section has been codified herein as § 21-80 at the discretion of the editor.

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the R-1 Single Family Residential District except for the following uses:

(1)

Single-family detached dwelling.

(2)

Parks, playgrounds or municipal buildings owned and operated by the Village.

(3)

Accessory Uses incidental to and customary to single-family detached dwellings. No Accessory Building, attached or detached from the main premises, shall be allowed that is susceptible of being occupied for residential purposes (except as Accessory Quarters).

(4)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-1(a), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86; Ord. No. 549, § 4, 5-31-11; Ord. No. 2024-664, § 2, 10-29-24)

The boundary of the R-1 Single Family Residential District shall consist of the following lot and block numbers or tract numbers: Residential Section of Bal Harbour, Lots 5 to 24, inclusive, Block 1; Lots 1 to 20, inclusive, Block 12.

(Ord. No. 169, § 6-1(b), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86)

The minimum Lot area, Lot Width and Yards in the R-1 Single Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-1(c), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86)

There shall not be more than one single-family detached dwelling per recorded Lot in the R-1 Single Family Residential District.

(Ord. No. 169, § 6-1(d), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86)

Buildings in the R-1 Single Family Residential District shall not exceed two stories in Height and shall not exceed 35 feet in Height.

(Ord. No. 169, § 6-1(e), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86; Ord. No. 438, § 6, 4-20-99)

There shall not be less than 2,500 square feet of floor area, exclusive of garages, Porte-Cocheres, Carports, open terraces and/or similar features, in Buildings in the R-1 Single Family Residential District.

(Ord. No. 169, § 6-1(f), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86)

(a)

No Building or any part thereof, except a second story balcony overhang of four feet, may be erected in the R-1 Single Family Residential District nearer to the Seawall than 40 feet, measured from the outside face thereof, or nearer to the rear line, which is the line abutting the Street, than 15 feet, except as stated hereinafter. The minimum side Setback shall be ten feet for a single-story construction up to 18 feet of Structure Height. For every additional foot in Height above 18 feet, there shall be one additional foot of side Setback for that portion of the building over 18 feet in height. The additional side setback requirement for buildings over 18 feet, provided by this Section, shall not prohibit up to one-third of the length of the side walls of such building from being situated in compliance with the minimum ten-foot side setback, but not fully conforming to the additional setback requirement. This provision shall serve to create an architectural opportunity for creative design approaches while promoting the beneficial purposes of building setbacks in the district.

(b)

Garages and Accessory Quarters may be constructed as a part of the residence Building. If a wall is erected along the rear line of the Lot (the outside face of such wall shall not be nearer than ten feet to the street line), then garages and Accessory Quarters not more than one Story in height may be constructed as a part of or abutting such wall. Such garage or Accessory Quarters may have a gateway entry from the Street. Otherwise, garages or Accessory Quarters must be located not nearer than 20 feet to the rear line of the Lot. No garage or Accessory Quarters shall exceed 15 feet in height.

(Ord. No. 169, § 6-1(g), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86; Ord. No. 438, § 6, 4-20-99; Ord. No. 2024-664, § 2, 10-29-24)

The maximum Lot Coverage of all impervious areas in the R-1 Single Family Residential District shall not exceed 50 percent of Lot area. The maximum Lot Coverage by buildings and structures shall not exceed 40 percent. Lot Coverage accomplished by a combination of buildings and structures together with other impervious areas shall not exceed a 50 percent total maximum of Lot Coverage. If an Accessory Quarters is provided, a bonus Lot Coverage increase of 3% shall be allowed (43% maximum Lot Coverage for buildings and structures/53% total maximum Lot Coverage).

(Ord. No. 169, § 6-1(h), 6-29-74; Ord. No. 297, § 5, 10-28-86; Ord. No. 298, § 1, 11-25-86; Ord. No. 438, § 6, 4-20-99; Ord. No. 2024-664, § 2, 10-29-24)

No garage in the R-1 Single Family Residential District shall have an entry directly facing the Street unless such entry is obscured by a decorative wall five feet in height supplemented by a landscaped screen, such screen to be placed between the Street and the garage entrance. Notwithstanding the above, all new residences and 100 percent reconstructed residences built subsequent to January 1, 1999, shall only be constructed with garage entries not directly facing Street(s).

(Ord. No. 438, § 6, 4-20-99)

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the R-2 Single Family Residential District except for the following uses: any use permitted in the R-1 Single Family Residential District.

(Ord. No. 169, § 6-2(a), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

The boundaries of the R-2 Single Family Residential District shall consist of the following lot and block or tract numbers: Residential Section of Bal Harbour, Lots 1 and 5 to 20, inclusive, Block 2; all the lots in Block 3; Lots 1 and 7 to 18, inclusive, in Block 4; all the lots in Blocks 5, 6, 9, 10, and 11.

(Ord. No. 169, § 6-2(b), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

The minimum Lot area, Lot Width and Yards in the R-2 Single Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-2(c), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

There shall not be more than one single-family detached dwelling per recorded Lot in the R-2 Single Family Residential District.

(Ord. No. 169, § 6-2(d), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

Buildings in the R-2 Single Family Residential District shall not exceed two stories in Height and shall not exceed 30 feet in Height.

(Ord. No. 169, § 6-2(e), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

There shall not be less than 1,800 square feet of floor area, exclusive of garages, Porte-Cocheres, Carports, open terraces and/or similar features, in Buildings in the R-2 Single Family Residential District.

(Ord. No. 169, § 6-2(f), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86)

(a)

Front and rear. No Building or any part thereof may be erected in the R-2 Single Family Residential District beyond the front Setback lines of 30 feet as shown on the recorded plat of the Residential Section of Bal Harbour, or nearer than 15 feet to the rear Lot Lines. For every additional foot in Height of the Building above 18 feet, there shall be one additional foot of rear Setback for that portion of the building over 18 feet in height. Notwithstanding the above, the rear setback requirements provided by this Section shall not prohibit up to one-fourth of the length of the outside walls of any building, regardless of Height, along the rear property lines from being situated not less than 15 feet from the rear property line. This provision shall serve to create an architectural opportunity for creative design approaches while promoting the beneficial purposes of building setbacks in the District.

(b)

Side. The minimum side Setback shall be ten feet for single-story construction up to 18 feet of structure Height. For every additional foot in Height above 18 feet, there shall be one additional foot of side Setback for that portion of the building over 18 feet in height. The additional side setback requirement for buildings over 18 feet, provided by this Section, shall not prohibit up to one-third of the length of the side walls of such building from being situated in compliance with the minimum ten-foot side setback, but not fully conforming to the additional setback requirement. This provision shall serve to create an architectural opportunity for creative design approaches while promoting the beneficial purposes of building setbacks in the district.

(c)

Pools and pool decks. Notwithstanding the above, the following shall govern pools and pool decks.

(1)

No swimming pool may be constructed within ten feet of the rear and side Setback or Yard lines.

(2)

On corner lots no swimming pool may be constructed nearer than 15 feet to the platted Lot Lines adjacent to any vehicular right-of-way, as shown on the recorded plat of the Residential Section of Bal Harbour.

(3)

Pool decks shall not be included for purposes of determining the Setbacks.

(4)

Pools and decks shall be obscured by a decorative wall, fence, hedge or other equivalent screening five feet in height.

(d)

Accessory Quarters may be constructed as a part of the main residence Building, attached by some means to it, or detached from it.

(Ord. No. 169, § 6-2(g), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86; Ord. No. 438, § 6, 4-20-99; Ord. No. 451, § 1, 6-20-00; Ord. No. 615, § 2, 12-18-18; Ord. No. 2024-664, § 2, 10-29-24)

No garage in the R-2 Single Family Residential District shall have an entry directly facing the Street unless such entry is obscured by a landscaped screen made possible through the use of circular driveways, such screen to be placed between the Street and the garage entrance. Notwithstanding the above, all new and 100 percent reconstructed residences, built subsequent to January 1, 1999, shall not be constructed with garage entries directly facing the Street.

(Ord. No. 169, § 6-2(h), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86; Ord. No. 438, § 6, 4-20-99)

Maximum Lot Coverage in the R-2 Single Family Residential District shall not exceed 50 percent of Lot area. The maximum Lot Coverage by buildings and structures shall not exceed 40 percent. Lot Coverage accomplished by a combination of buildings and structures together with other impervious areas shall not exceed a 50 percent total maximum of Lot Coverage. If an Accessory Quarters is provided, a bonus Lot Coverage increase of 3% shall be allowed (43% maximum Lot Coverage for buildings and structures/53% total maximum Lot Coverage).

(Ord. No. 169, § 6-2(i), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86; Ord. No. 438, § 6, 4-20-99; Ord. No. 2024-664, § 2, 10-29-24)

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the PC Private Club District except for the following uses:

(1)

Any use permitted in the R-1 Single Family Residential District.

(2)

Private Recreation Facility. Private Recreation Facility shall mean a noncommercial, private facility designed to provide recreational and social activities for its users. The improvements within such a facility may include boat docks, tennis courts, swimming pools, and Buildings (including a clubhouse) which are directly related to and supportive of the recreational and social activities. A clubhouse may include dining rooms, exercise rooms, card rooms, lounges and similar facilities designed to serve the private needs of the users.

(Ord. No. 169, § 6-3(a), 6-29-74; Ord. No. 404, § 1, 10-24-95)

(a)

Single-Family Residential Uses. Where land in the PC Private Club District is used for R-1 Single-Family Residential District uses, the standards for development including, but not limited to, maximum density, maximum building height, minimum floor area, setbacks, and maximum Lot coverage shall be those standards as set forth in sections 21-99 through 21-103, inclusive, relating to the R-1 Single-Family Residential District. Notwithstanding the foregoing, the minimum Lot area shall not be less than 17,500 square feet and the minimum Lot width shall not be less than 100 feet at the front setback line.

(b)

Private Recreation Facility Uses. Where land located in the PC Private Club District is used for a Private Recreational Facility, such land shall be subject to the following development standards:

(1)

Setbacks: The principal Building(s) or any part thereof shall be set back a minimum of (a) 100 feet from the front Lot Line; (b) 50 feet from each side Lot Line; and (c) 50 feet from the rear Lot Line or the Erosion Control Line, whichever is greater. All Buildings and Structures other than principal Building(s), including swimming pools and tennis courts, or any part thereof shall be set back a minimum of (a) 25 feet from the front Lot Line; (b) 25 feet from each side Lot Line; and (c) 25 feet from the rear Lot Line or the Erosion Control Line, whichever is greater.

(2)

Height: No Building or Structure shall exceed two stories in height and shall not exceed 35 feet in Height.

(3)

Lot Coverage: Buildings and Structures shall not exceed 25 percent of the total Lot area. For purposes of this section, total Lot area shall not include any bodies of water.

(4)

FAR: The Floor Area Ratio shall not exceed 0.25. For purposes of calculating the Floor Area Ratio, the total Lot area shall not include any bodies of water.

(5)

Landscaping:

a.

Not less than 40 percent of the total Lot area shall be maintained as landscaped open space. For purposes of this section, total Lot area shall not include any bodies of water.

b.

All Lot areas not occupied by principal Building(s) and Structure(s), required off-street parking and loading, access and circulation facilities or other required areas, including roof surface of enclosed Parking Structures, shall be landscaped by lawns, trees, shrubs, ground cover and other appropriate materials or as otherwise specified in this Code.

c.

Within the front, side, and rear Setback areas and between any Structure or vehicular use areas on the Lot, there shall be a fully landscaped buffer area for a minimum depth of 25 feet as measured from the Lot, Erosion Control Line, or such Structure or vehicular use area, as applicable.

(Ord. No. 404, § 2, 10-24-95; Ord. No. 512, § 2, 10-17-06)

The development of any new Private Recreation Facility or alteration, addition or modification to an existing Private Recreation Facility may only be permitted in accordance with a site plan (including a landscaping plan) approved by the Village Council after a public hearing and upon a showing that the proposed facilities:

(1)

Comply with each of the criteria listed in section 21-146.1 above.

(2)

Are designed and scaled to be compatible with adjacent development(s) and the surrounding neighborhood.

(3)

Will not create excessive noise, traffic, illumination or other noxious impacts.

In connection with the approval of the site plan the Village Council may impose reasonable limitations on the use (including hours of operation) to ensure the compatibility of the use with adjacent development(s) and the surrounding neighborhood.

(Ord. No. 404, § 2, 10-24-95)

Private marinas are permitted to be located within the boundaries of the PC District, and shall comply with the requirements of Section 21-438. If slips in a private marina are rented, the minimum slip rental duration is six consecutive months.

(Ord. No. 603, § 2, 1-30-18)

The boundary of the PC Private Club District shall consist of the following lot and block or tract numbers: Tract E of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-3(b), 6-29-74; Ord. No. 437, § 3, 10-17-00)

The disturbance of sea turtle nests is prohibited, unless conducted by authorized persons in the duty of sea turtle protection. During nesting seasons, beach cleaning activities are not to come within a distance which will disturb the function of the nests. Where feasible, the source of emission of outside light from structures will not be directly visible from turtle nesting areas.

(Ord. No. 356, § 5(6-3(b)), 11-13-90)

Beach renourishment projects shall protect sea turtle nesting areas by limiting construction in such areas to fall, winter and spring months, or by permitting the collection of eggs from identified nests by authorized personnel for incubation, hatching and subsequent release of hatchlings.

(Ord. No. 356, § 5(6-3(c)), 11-13-90)

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the RM-1 Multiple Family Residential District except for the following uses:

(1)

Multiple-Family Dwellings or apartment buildings.

(2)

Apartment Courts.

(3)

Accessory Buildings.

(4)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-4(a), 6-29-74; Ord. No. 549, § 5, 5-31-11)

The boundary of the RM-1 Multiple Family Residential District shall consist of the following lot and block or tract numbers: Lot 3 of Block 2, and Lots 3, 4 and 5 of Block 4, of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-4(b), 6-29-74)

The minimum Lot area, Lot Width and Yards in the RM-1 Multiple Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village, as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-4(c), 6-29-74)

There shall not be more than eight dwelling units per platted Lot in the RM-1 Multiple Family Residential District.

(Ord. No. 169, § 6-4(d), 6-29-74)

Buildings in the RM-1 Multiple Family Residential District shall not exceed two Stories in Height and shall not exceed 30 feet in height.

(Ord. No. 169, § 6-4(e), 6-29-74; Ord. No. 512, § 2, 10-17-06)

There shall not be less than 600 square feet of floor area for each Apartment Unit in the RM-1 Multiple Family Residential District, and not less than 1,800 square feet of floor area in a Single-Family Dwelling.

(Ord. No. 169, § 6-4(f), 6-29-74)

No Building or any part thereof may be erected in the RM-1 Multiple Family Residential District beyond the front Setback lines as shown on the recorded plat of the Residential Section of Bal Harbour, or nearer than ten feet to the side or rear lines.

(Ord. No. 169, § 6-4(g), 6-29-74)

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the RM-2 Multiple Family Residential District except for the following uses:

(1)

Multiple-Family Dwellings or apartment buildings.

(2)

Apartment Courts.

(3)

Accessory Buildings.

(4)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-5(a), 6-29-74; Ord. No. 549, § 5, 5-31-11)

The boundary of the RM-2 Multiple Family Residential District shall consist of Lots 2 and 4 of Block 2, and Lot 6 of Block 4 of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-5(b), 6-29-74)

The minimum Lot area, Lot Width and Yards in the RM-2 Multiple Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village, as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-5(c), 6-29-74)

There shall not be more than ten dwelling units per platted Lot in the RM-2 Multiple Family Residential District.

(Ord. No. 169, § 6-5(d), 6-29-74)

Buildings in the RM-2 Multiple Family Residential District shall not exceed two Stories in Height and shall not exceed 30 feet in height.

(Ord. No. 169, § 6-5(e), 6-29-74; Ord. No. 512, § 2, 10-17-06)

There shall not be less than 600 square feet of floor area for each Apartment Unit in the RM-2 Multiple Family Residential District, and not less than 1,800 square feet of floor area in a Single-Family Dwelling.

(Ord. No. 169, § 6-5(f), 6-29-74)

No Building or any part thereof may be erected in the RM-2 Multiple Family Residential District beyond the front Setback lines as shown on the recorded plat of the Residential Section of Bal Harbour, or nearer than ten feet to the side or rear lines.

(Ord. No. 169, § 6-5(g), 6-29-74)

No Building or land shall be used and no building shall be erected or constructed on any Lot in the RM-3 Multiple Family Residential District except for the following uses:

(1)

Multiple-Family Dwellings or apartment buildings.

(2)

Apartment Courts.

(3)

Accessory Buildings.

(4)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-6(a), 6-29-74; Ord. No. 218, § 1, 8-26-80; Ord. No. 549, § 5, 5-31-11)

The boundary of the RM-3 Multiple Family Residential District shall consist of the following lot and block or tract numbers: Lot 2 in Block 4 of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-6(b), 6-29-74; Ord. No. 218, § 1, 8-26-80)

The minimum Lot area, Lot Width and Yards in the RM-3 Multiple Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village, as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-6(c), 6-29-74; Ord. No. 218, § 1, 8-26-80)

There shall not be more than 12 dwelling units per platted Lot in the RM-3 Multiple Family Residential District.

(Ord. No. 169, § 6-6(d), 6-29-74; Ord. No. 218, § 1, 8-26-80)

Buildings in the RM-3 Multiple Family Residential District shall not exceed two Stories in Height and shall not exceed 30 feet in height.

(Ord. No. 169, § 6-6(e), 6-29-74; Ord. No. 512, § 2, 10-17-06)

There shall not be less than 600 square feet of floor area for each Apartment Unit in the RM-3 Multiple Family Residential District, and not less than 1,800 square feet of floor area in a Single-Family Dwelling.

(Ord. No. 169, § 6-6(f), 6-29-74; Ord. No. 218, § 1, 8-26-80)

No Building or any part thereof may be erected in the RM-3 Multiple Family Residential District beyond the front Setback lines as shown on the recorded plat of the Residential Section of Bal Harbour, or nearer than ten feet to the side or rear lines.

(Ord. No. 169, § 6-6(g), 6-29-74; Ord. No. 218, § 1, 8-26-80)

No Building or land shall be used and no Building shall be erected or constructed on any lot in the RM-4 Multiple Family Residential District except for the following uses:

(1)

Multiple-Family Dwellings or apartment buildings.

(2)

Apartment Courts.

(3)

Accessory Buildings.

(4)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-7(a), 6-29-74; Ord. No. 218, § 2, 8-26-80; Ord. No. 549, § 5, 5-31-11)

The boundary of the RM-4 Multiple Family Residential District shall consist of the following lot and block or tract numbers: Lots 3 and 4 of Block 1 of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-7(b), 6-29-74; Ord. No. 218, § 2, 8-26-80)

The minimum Lot area, Lot Width and Yards in the RM-4 Multiple Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village, as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-7(c), 6-29-74; Ord. No. 218, § 2, 8-26-80)

There shall not be more than 12 dwelling units per platted Lot in the RM-4 Multiple Family Residential District.

(Ord. No. 169, § 6-7(d), 6-29-74; Ord. No. 218, § 2, 8-26-80)

Buildings in the RM-4 Multiple Family Residential District shall not exceed two Stories in Height and shall not exceed 35 feet in height.

(Ord. No. 169, § 6-7(e), 6-29-74; Ord. No. 512, § 2, 10-17-06)

There shall not be less than 600 square feet of floor area for each Apartment Unit in the RM-4 Multiple Family Residential District, and not less than 2,500 square feet of floor area in a Single-Family Dwelling.

(Ord. No. 169, § 6-7(f), 6-29-74; Ord. No. 218, § 2, 8-26-80)

No Building or any part thereof, except a second or third story balcony overhang of four feet, may be erected on Lots in the RM-4 Multiple Family Residential District nearer to the front line, which is the waterfront, than 40 feet, or nearer to the side lines or to the rear or street line than ten feet, as shown on the recorded plat of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-7(g), 6-29-74; Ord. No. 218, § 2, 8-26-80)

No Building or land shall be used and no Building shall be erected or constructed on any Lot in the RM-5 Multiple Family Residential District except for the following uses:

(1)

Multiple-Family Dwellings or apartment buildings.

(2)

Apartment Courts.

(3)

Accessory Buildings.

(4)

Parks, playgrounds, municipal buildings and Parking Lots owned and operated by the Village.

(5)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-8(a), 6-29-74; Ord. No. 549, § 5, 5-31-11; Ord. No. 559, § 2, 5-15-12)

Editor's note— Ord. No. 559, § 3, adopted May 15, 2012, provides that this ordinance shall not apply to an Apartment Hotel use which was a legal, operating use in the Village on the date of first reading of this ordinance. This ordinance shall also not apply to an expansion of such existing Apartment Hotel use onto one or more parcels, provided that such expanded use: (1) shares common management control with the existing Apartment Hotel use; (2) includes property which is abutting or separated only by a road right-of-way from the parcel on which the existing Apartment Hotel use is located; and (3) received approval as part of a Village Certificate of Appropriateness prior to January 1, 2012.

The boundary of the RM-5 Multiple Family Residential District shall consist of the following lot and block or tract numbers: Lots 1 to 10, inclusive, Block 7; Lots 1 to 5, inclusive, Block 8; Lot 1, Block 8A; Lots 1 to 3, inclusive, Block 12A in the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-8(b), 6-29-74)

The minimum Lot area, Lot Width and yards in the RM-5 Multiple Family Residential District shall be as follows: Lot sizes shall not be less than those dimensions established for the Residential Section of the Village, as shown in section 21-77 and recorded in the public records of Dade County, Florida.

(Ord. No. 169, § 6-8(c), 6-29-74)

There shall not be more than 24 dwelling units per platted Lot in the RM-5 Multiple-Family Residential District, or whatever number of units was previously approved by the Village Council. Where permitted as a grandfathered use, no apartment-hotel use project shall have more than 35 units per acre. The Village Council may approve up to ten percent additional hotel units for a grandfathered apartment hotel project upon finding that the resulting intensity of the project is compatible with the surrounding uses.

(Ord. No. 169, § 6-8(d), 6-29-74; Ord. No. 600, § 2, 11-21-17)

Buildings in the RM-5 Multiple Family Residential District shall not exceed three Stories in Height and shall not exceed 45 feet in height.

(Ord. No. 169, § 6-8(e), 6-29-74; Ord. No. 512, § 2, 10-17-06)

(a)

The minimum floor area for any multiple-family dwelling unit in the RM-5 Multiple Family Residential District shall not be less than 600 square feet of floor area for each apartment unit.

(b)

The minimum floor area for any single-family dwelling unit erected on Lots 1 to 3, inclusive, Block 12A, shall not be less than 2,500 square feet of floor area for each single-family dwelling.

(c)

The minimum floor area for any single-family dwelling unit erected on any other platted lot in the district shall not be less than 3,000 square feet of floor area for each single-family dwelling.

(d)

The minimum floor area for any hotel unit in a grandfathered apartment-hotel use in the RM-5 Multiple Family Residential District shall not be less than 500 square feet of floor area, provided that the minimum average hotel unit size within a project shall not be less than 900 square feet of floor area (balcony areas shall not be included in the calculation of floor area).

(Ord. No. 169, § 6-8(f), 6-29-74; Ord. No. 600, § 3, 11-21-17)

No Building or any part thereof, except a second and third story balcony overhang of four feet, may be erected in the RM-5 Multiple Family Residential District nearer to the front line, which is Bal Harbour Boulevard, than 50 feet, or as otherwise shown on the recorded plats of the Residential Section of Bal Harbour, and Resubdivision of Lot 21, Block 12 and Tract F of the Residential Section of Bal Harbour, or nearer to the side lines than 25 feet, or nearer to the rear lines than 50 feet, except that one-story garages and one or two-story Accessory Quarters may be erected within the rear 30 feet of the Lot, but not nearer than five feet to the side or rear lines. All lots in the RM-5 Multiple Family Residential District except Lots 1 to 3, inclusive, Block 12A, shall be regarded as fronting on Bal Harbour Boulevard. Lots 1 to 3, inclusive, Block 12A, shall be regarded as fronting on Baker's Haulover Inlet.

(Ord. No. 169, § 6-8(g), 6-29-74; Ord. No. 611, § 2, 11-20-18; Ord. No. 2024-664, § 2, 10-29-24)

(a)

Minimum landscaped open space. There shall be a minimum of 20 percent landscaped open space per project.

(b)

Management. At least one management representative shall be working at the project to serve the needs of hotel guests 24 hours a day, seven days a week.

(c)

Security. Security shall be provided in accordance with a written security plan, as approved by the Village Manager or designee.

(d)

Accessory uses in rear setback. Structures erected in the rear 30 feet of the Lot, not nearer than five feet to the side or rear lines, may be used for one-story garages and facilities for the exclusive use of guests of grandfathered apartment hotel projects. Guest facilities may include business centers, fitness facilities, gyms, meeting rooms, spas or other similar uses approved by the Village Manager or designee or spa and fitness facilities.

(e)

Front setback area. No buildings or structures of any kind shall be erected or constructed within the front setback area, except as follows:

A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area from the face of the existing building. Such Porte-Cochere must be approved by a certificate of appropriateness issued by the Architectural Review Board.

(Ord. No. 600, § 4, 11-21-17; Ord. No. 611, § 2, 11-20-18; Ord. No. 2020-628, § 2, 5-19-20)

The purpose of the OF Ocean Front District is to provide land development regulations for those lands identified as RH Residential High Density on the Village's adopted Comprehensive Plan Future Land Use Map. Parcels so zoned shall be located between Collins Avenue and the eastern Lot Lines of those parcels of land depicted on the plat entitled "Ocean Front Section of Bay Harbour," recorded in Plat Book 44, at Page 27, of the Public Records of Dade County, Florida and those parcels of land depicted on the plat entitled "Bal Harbour Ocean Front Addition," recorded in Plat Book 57, at Page 68, of the Public Records of Dade County, Florida. The intended development characteristics include primarily high-rise luxury residential development with ancillary commercial and recreational uses, exclusively for the use of the residents of the residential development. Additionally, resort-type development such as Hotels are also intended which may include convention facilities. The recorded subdivision plats contain Building restriction lines that were intended to establish the general position of Buildings on the Lots. Development requests should generally follow the Setback of existing construction, development intensities identified in the Comprehensive Plan and these regulations and Building heights.

(Ord. No. 473, § 2, 6-18-02; Ord. No. 2023-0652, § 2, 9-19-23)

The definitions in Section 21-1 apply to all of Chapter 21. For purposes of this division, the following terms are defined:

"Balcony or Porch Enclosure" means exterior enclosures affixed to Balconies and Porches, made of screening, glass, aluminum, CBS block, wood, fabric, or any other material which is affixed to the face of the Principal Building for the purpose of enclosing a Balcony or Porch.

"Bridge Lot Street Grade" means a measurement, for Lots or portions of Lots in proximity to the Haulover Cut Bridge, determined by the combined average elevations of the adjoining frontage road and the road surface of the bridge adjoining the subject Property (westerly extension of the Property lines to the bridge). The determination of the average elevation shall be as follows:

a.

Based upon the roadway frontage adjoining the subject Property, establish an imaginary extension of the Property line to the eastern edge of the frontage road right-of-way and the bridge Structure;

b.

At the intersection of the extension of the Property line and the centerline of the frontage road and bridge roadway surface, determine the elevations of the road surfaces at the north and south Property line extensions and divide by four.

"Convenience Establishments in Multiple-Family Developments" means uses as may be permitted by the Village Council, after a public hearing, provided that such uses are for the exclusive use of the residents, and are compatible with and do not adversely affect the residential character of the multi-family development. These uses may include barbershops, beauty salons, cleaners, mini-groceries, restaurants, health clubs, spas, travel agencies, and florists.

"Floor Area Ratio (FAR)" means the Gross Floor Area, not including Parking Structures up to 22 feet in height per Section 21-288(4), on a Lot or Project Site, divided by the area of the Lot or Project Site. (For example, a Building containing 20,000 square feet of floor area on a Lot or Project Site of 10,000 square feet, with a Parking Structure that is 22 feet in height, has a Floor Area Ratio of 2.0).

"Hotel" means a Building or premises where lodging or sleeping accommodations of not less than 24 Guest Rooms are provided.

"Project Site" means a Lot or combination of contiguous Lots or parcels of land fronting on a Street, drive, or waterway, which is proposed to be occupied by a new or redeveloped Building(s) and any accessory Building(s) and/or related facilities, including the open spaces, recreational amenities, parking facilities and other aspects required under this chapter.

(Ord. No. 169, § 6-9(o), 6-29-74; Ord. No. 2023-0652, § 2, 9-19-23; Ord. No. 2024-658, § 2, 3-5-24)

No Building or land shall be used in the OF Ocean Front District and no Building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used for any purpose, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1)

Multiple-Family Dwellings or apartment buildings containing not less than 24 dwelling units.

(2)

Hotels.

(3)

Public and private beach areas.

(4)

Public parks and playgrounds owned and operated by the Village.

(5)

Off-street parking and loading facilities.

(6)

Cabanas, as accessory structures, constructed concurrently with or subsequent to the construction of the main Building.

(7)

Convenience establishments in multiple-family developments , provided their operations are for the exclusive use of the residents of the multiple-family development and are used only as an ancillary and Accessory Use thereto for the day-to-day convenience of the residents. These convenience establishments in multiple-family developments are subject to the following restrictions:

a.

Such convenience establishments shall be entered only from within the Principal Building.

b.

Such convenience establishments shall have no outside entrance or storefront.

c.

Such convenience establishments shall have no sign display, lighting or advertisement matter facing or visible from the western boundary of the district, or which may be facing or visible from a point on Lot 1 in the district west or south of such multiple-family building.

d.

The total amount of floor area devoted to convenience establishments shall not exceed ten percent of the aggregate floor area of the Principal Building in which it is located.

e.

The sale, dispensing or storage of gasoline, oil, grease or automobile accessories is prohibited in this district.

f.

Convenience establishment uses must be those defined in this Division. Other similar uses for the exclusive use of the residents may be permitted by the Village Council, after a public hearing, upon finding that the proposed use is compatible with and does not adversely affect the residential character of the multiple-family development.

(8)

Convenience establishments in Hotels may include any of the uses listed as permitted or conditional uses in the Village's B Business District (Section 21-316), and shall not be restricted except as otherwise provided in this Code or under other applicable law.

(9)

Vacation Rentals in accordance with section 21-363.

(Ord. No. 169, § 6-9(a), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 329, § 1, 3-21-89; Ord. No. 355, § 1, 10-3-90; Ord. No. 371, § 1, 4-21-92; Ord. No. 398, § 1, 7-18-95; Ord. No. 549, § 6, 5-31-11; Ord. No. 2023-0652, § 2, 9-19-23)

The boundary of the OF Ocean Front District shall consist of the following lot and block numbers or tract numbers:

(1)

Tract "A" and Lots 1 to 16, inclusive, of the Ocean Front Section of Bay Harbor.

(2)

Tracts C, D and E of the Bal Harbour Ocean Front Addition.

(Ord. No. 169, § 6-9(b), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 437, § 4, 10-17-00)

Lot area in the OF Ocean Front District shall not be less than two and one-half acres.

(Ord. No. 169, § 6-9(c), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88)

Street frontage for Lots in the OF Ocean Front District shall not be less than 200 feet.

(Ord. No. 169, § 6-9(d), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88)

The maximum Density in the OF Ocean Front District shall not exceed the following:

(1)

Multiple Family Dwelling Units: 55 dwelling units per acre.

(2)

Hotels: 100 Guest Rooms, capable of separate occupancy, per acre.

(Ord. No. 169, § 6-9(e), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02)

The Floor Area Ratio in the OF Ocean Front District shall not exceed 1.3 to one, exclusive of floor area within enclosed Parking Structures devoted entirely to off-street parking and those floor areas listed in section 21-1 that are excluded in the definition of Floor Area Ratio. The Floor Area Ratio calculation in the OF Ocean Front district may include the area of the Project Site located east of the platted Lot and west of the erosion control line.

OF development may achieve additional bonus FAR if it complies with additional incentives for development to be compatible with adjacent development(s) and the surrounding neighborhood, and to mitigate any adverse impacts from the proposed development. The OF Development may qualify for one or both of the incentives, but in no event shall the maximum FAR exceed 2.8:

(a)

A bonus of 0.50 FAR applies if nonresidential uses, excluding amenities exclusively for the use of the residents of the OF development, are limited to a maximum of 20% of the FAR of the OF Development.

(b)

A bonus of 1.0 FAR applies if all Buildings are at the maximum front setback provided by Section 21-291(1).

(Ord. No. 169, § 6-9(f), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02; Ord. No. 2023-0652, § 2, 9-19-23; Ord. No. 2024-658, § 2, 3-5-24)

Principal Buildings and Structures in the OF Ocean Front District having 17 Stories or less shall not exceed 20 percent of the total Lot area. For each Story in excess of 17 Stories, the maximum percentage of Building coverage permitted for Principal Buildings and Structures shall decrease by one percent; i.e., 18 Stories, 19 percent Lot coverage; 19 Stories, 18 percent Lot coverage; etc.

(Ord. No. 169, § 6-9(g), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 335, § 1, 7-24-89)

In the OF Ocean Front District, 100 percent of the required off-street parking spaces shall be contained in fully enclosed Parking Structures subject to the following requirements and design standards:

(1)

The maximum Lot coverage of the Principal Building does not exceed 20 percent of the total Lot.

(2)

Minimum required parking is not provided on the roof of the Parking Structure. Supplemental parking spaces for guests, deliveries, drop-off and pickup services, and construction, maintenance & repair personnel may be designated:

a.

along the driveways, and

b.

on up to 25% of the area of the western end of the Parking Structure rooftop. A larger area of an existing Parking Structure rooftop may be devoted to supplemental parking spaces if approved by the Village Council as provided in subsection (3).

(3)

A minimum of 75 percent of the roof of the Parking Structure, excluding the Principal Structure, shall be utilized for open space, Landscaping, and recreation in accord with a plan approved by the Village. For a Parking Structure constructed prior to January 1, 2023, a request may be submitted to the Village Council to reduce the 75% minimum to allow designation of additional supplemental parking spaces on the rooftop, upon a showing that the additional spaces are necessary to assure safe access to and traffic flow through the site. The Council approval shall specify the alternative minimum percentage and any necessary conditions.

(4)

The maximum Height of the accessory Parking Structure shall not exceed an elevation of 22.00 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property, and shall conform to the setback regulations contained in section 21-291.

(5)

No portion of the Parking Structure shall encroach within the front Building Restriction Line area as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition.

(6)

Where any portion of a Parking Structure is above Grade, the Parking Structure shall be designed in such a manner so that:

a.

from the adjoining roadways, the Parking Structure must be substantially screened from view by the use of earthen berms and Landscaping. Driveways should appear to rise to the entrance of the Principal Building. This shall not prohibit the Parking Structure driveway openings from being visible from an adjoining Street.

b.

from the Atlantic Ocean (east of lots) and abutting side property lines (north / south), the Parking Structure must be substantially enclosed by the use of screening methods to minimize the view of vehicles, mechanical equipment, and any storage areas located within the Parking Structure.

Large open voids in the exterior facade are prohibited. The exterior façades of all Parking Structures must be architecturally designed to be similar to the architectural design of the Principal Building. If a non-conforming Parking Structure is substantially renovated, the exterior facades shall be modified as required by the ARB. The use of larger or taller landscaping materials such as trees shall also be used where possible to supplement the above screening requirements.

(Ord. No. 169, § 6-9(h), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02; Ord. No. 479, § 2, 9-17-02; Ord. No. 2023-0652, § 2, 9-19-23)

The following shall be considered minimum habitable floor areas in the OF Ocean Front District:

(1)

Efficiency dwelling units: 600 square feet.

(2)

One-bedroom dwelling units: 900 square feet.

(3)

Two-bedroom dwelling units: 1,150 square feet.

(4)

Three-bedroom dwelling units: 1,500 square feet.

(5)

For each additional bedroom over three, an additional 200 square feet of floor area shall be required.

(6)

Hotel Guest Rooms: 400 square feet.

Spaces which are convertible to additional bedrooms shall be considered as bedrooms for purposes of determining minimum habitable floor areas.

(Ord. No. 169, § 6-9(i), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02)

(a)

Not less than 60 percent of the total Lot area of Lots in the OF Ocean Front District shall be maintained as open space. For purposes of this chapter, the roofs of off-street Parking Structures shall be considered open space.

(b)

Further, not less than 50 percent of the total required open space shall be exclusively maintained as usable recreation areas. This space shall be in such dimensions as to be usable for active and passive recreation.

(Ord. No. 169, § 6-9(j), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88)

The following Setbacks apply in the OF Ocean Front District:

(1)

Front. All Buildings and Structures, except for fully enclosed Parking Structures as allowed in section 21-288 of this article, of 17 Stories or less shall be set back a minimum of 150 feet from the right-of-way of Collins Avenue. Each Story above the 17th Story shall be set back an additional 25 feet from the Story below; i.e., 18 Stories, 175-foot Setback; 19 Stories, 200-foot Setback; etc. This would allow a "stepped" effect for those portions of a Building over 17 Stories. This provision shall not be interpreted to require a "stepped" Building above the 17th Story; rather, if the entire Building is set back to include the base Setback and supplemental Setback for each additional Story over 17, the Building shall be deemed in compliance with this paragraph.

(2)

Rear. No Building or Structure of any kind, except Cabanas not greater in Height than ten feet above the finished Grade, shall be erected or maintained on any Lot beyond the east Setback line as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition.

(3)

Bulkhead: No Building or Structure of any kind, except those necessary for the control of beach erosion, shall be built east of the existing Bulkhead.

(4)

Erosion Control Line: No Building or Structure of any kind shall be erected or constructed within 55 feet west of the Erosion Control Line.

(5)

Side.

a.

All Principal Buildings and Structures shall maintain a minimum side Setback from each side Lot Line equal to 25 percent of the Street frontage of the Lot.

b.

The maximum width of any Principal Building shall be 50 percent of the width of the Lot.

c.

Where two or more Principal Buildings are erected on the same or multiple Lots, their combined width shall not exceed 50 percent of the width of the Lot.

d.

Side Setbacks shall be equal, except that Lots over 250 feet in width may have unequal side Setbacks, provided, however, that not less than a 50 foot side Setback shall be provided for Lots equal to or more than 250 feet in width.

e.

Notwithstanding subsection (5)d. above, for any parcel of land more than 250 feet in width, if any combination of access easements and beach access improvements are provided on said parcel for the public, all as may be approved by the Village Council, the width of a side Setback shall be measured from the exterior Lot Line, as opposed to any public access easement or land parcel. The purpose of this section is to not penalize a Property Owner for providing public beach access by deducting the width of the public access land from the overall Lot Width. A side Setback for a Principal Building shall not be less than 50 feet in width.

(6)

Cabanas, Parking Structures and Porte-Cocheres. Only Cabanas and enclosed Parking Structures shall be permitted in the Setback areas, subject to the following:

a.

Cabanas and Parking Structures shall maintain a minimum twenty-five (25) foot side Setback from each side Lot Line.

b.

No Parking Structure shall exceed an elevation of 22.00 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property, where such Structure abuts a side Lot Line.

c.

No Parking Structure shall exceed an elevation of 22.00 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property, within the rear Setback as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition, as of May 1, 2002.

d.

Cabanas may be erected in the rear Setback area provided they do not exceed an elevation of 31.00 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property.

e.

Cabanas erected in the side Setback portions of the rear Setback areas shall not exceed an elevation of 22.00 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property.

f.

No Buildings or Structures of any kind shall be erected or constructed within the front Setback area, except as follows:

(i)

A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area. Notwithstanding the above, for Buildings that are located as of May 1, 2002 in the front Setback area, the Porte-Cochere may project no more than 20 feet from the face of the existing tower Structure area. Such Porte-Cochere must be reviewed by the Architectural Review Board.

(ii)

A fully enclosed Parking Structure may be erected within the front Setback area but shall not encroach within the Building Restriction Line areas adjacent to Collins Avenue as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition.

(7)

Coastal Construction Control Line. Notwithstanding anything to the contrary in the Code, Building construction seaward of the coastal construction control line may be permitted provided that all State and local permits required for such Building construction are obtained by the applicant.

(Ord. No. 169, § 6-9(k), 6-29-89; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 335, § 2, 7-24-89; Ord. No. 469, § 1, 11-20-01; Ord. No. 473, § 2, 6-18-02; Ord. No. 2023-0652, § 2, 9-19-23)

The following Landscaping provisions shall apply in the OF Ocean Front District.

(1)

Minimum Landscaping required. A minimum of 25 percent of the total Lot area shall be maintained as landscaped areas.

(2)

Area to be landscaped. All Lot areas not occupied by a principal and accessory Structures, required off-street parking and loading, access and circulation facilities or other required areas, including roof surface of enclosed Parking Structures, shall be landscaped by lawns, trees, shrubs, ground cover and other appropriate materials.

(3)

Buffer zones.

a.

Within the front Setback areas, there shall be a fully landscaped buffer zone along the front Lot Line for a depth of at least 40 feet as measured from the Street right-of-way line, and a fully landscaped buffer zone along the north and south side Lot Lines for a depth of ten feet, as measured from the side Lot Line.

b.

Landscaping within these buffer zones shall be designed and planned to protect the view of adjoining Properties and screen surface parking facilities from the adjacent Streets and Properties.

(4)

Front Setback area. A minimum of 50 percent of the required front Setback area shall be fully landscaped.

(5)

Beach Landscaping. The beach area between the existing Bulkheads and the Erosion Control Line shall be landscaped with plant materials intended to beautify the area and to aid in the control of beach erosion.

(6)

Landscape plan required. A landscape plan, indicating size, type, and location of all plant and other materials, shall be submitted for review and approval to the Village.

(Ord. No. 169, § 6-9(l), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02)

(a)

The maximum Height of a flat roof deck or the midpoint of a sloped roof of any Principal Building or Structure, other than decorative architectural roof features, Mechanical Equipment or Rooms, elevator equipment Rooms, water storage facilities, air conditioning equipment, accessory recreational facilities, fences, wall and similar facilities (non-habitable roof features) shall be 275 feet above the average Street Grade (or Bridge Lot Street Grade if applicable) adjoining the Property. Non-habitable roof features may extend above the height of the Building by no more than 25 feet.

(b)

In the OF Ocean Front District, for the purposes of calculating maximum Building coverage pursuant to section 21-287, and Setbacks pursuant to section 21-291, a Story shall not exceed 11 feet. The 11-foot Story Height referenced herein shall not be interpreted to restrict the Height of an individual Story to 11 feet or any other dimension, but shall only serve as a means to measure and restrict Building coverage and Setbacks.

(c)

Roof Structures designed and utilized for the housing of Mechanical Equipment such as elevators, water storage, air conditioning and similar facilities shall not be considered in calculating the number of Stories, provided:

(1)

The Structure is fully enclosed or screened and does not exceed 25 feet in Height.

(2)

The outside walls of the roof Structure are set back a minimum of 20 feet from the exterior walls of the principal Structure.

(3)

No Guest Rooms, dwelling units, business establishments or other accommodations or public spaces, are contained within this Structure.

(d)

Rooftop accessory recreational facilities shall be visually screened from neighboring oceanfront Lots by fences, walls or other screening materials or features that are no shorter in height than the object to be screened, all as approved by the Architectural Review Board.

(Ord. No. 169, § 6-9(m), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 335, § 3, 7-24-89; Ord. No. 473, § 2, 6-18-02; Ord. No. 512, § 2, 10-17-06; Ord. No. 2023-0652, § 2, 9-19-23)

Model Buildings designed and utilized for advertising, promotional or display purposes may be constructed in the OF Ocean Front District subject to the following requirements:

(1)

Model Buildings shall not exceed a height of 12 feet above finished Grade, shall be set back a minimum of 50 feet from the front Property line, and shall be set back a minimum of 20 feet from side Lot Lines.

(2)

Model Buildings shall not be erected prior to the issuance of all required building permits for the principal structure.

(3)

Model Buildings shall be removed prior to the issuance of certificates of occupancy for the Principal Building.

(Ord. No. 169, § 6-9(n), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88)

(a)

Balcony or Porch Enclosures shall be permitted in any Principal Building in the OF Ocean front District constructed after the effective date of this section, provided:

(1)

Such enclosures are uniform in color, material, design, configuration and type.

(2)

Such enclosures are installed and constructed contemporaneously with the construction of the Principal Building.

(3)

Individual enclosed Balconies or Porches may not be utilized as a bedroom.

(4)

Applications for Building permits for all Balcony or Porch Enclosures shall be accompanied by a statement from a professional engineer or architect in active structural practice, registered in the State of Florida, certifying the capability of the Principal Building to support the proposed enclosure.

(b)

Except as otherwise provided in this section, Ordinance No. 228 shall apply to Principal Buildings constructed after the effective date of Ordinance No. 228, May 26, 1981. Balcony or Porch Enclosures to be constructed in any existing Building shall be governed by regulations in effect prior to the adoption of Ordinance No. 228; provided, however, that Ordinance No. 228 shall also apply to Principal Buildings constructed prior to the adoption of that ordinance where no Balcony or Porch Enclosures have been installed or constructed on such Principal Buildings as of the effective date of Ordinance No. 239.

(Ord. No. 169, § 6-9(o), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 473, § 2, 6-18-02)

(a)

Current Florida Building Code requires impact resistant doors and windows for new multistory multiple family development and hotel construction. If allowed by Florida Building Code, storm or hurricane shutters or similar protective devices must meet the following standards :

(1)

Such storm or hurricane shutters or impact resistant windows are uniform in color, material, design, configuration and type for each Principal Building.

(2)

Storm or hurricane shutters of whatever type, when installed, shall be installed immediately facing the structural wall plane of the Principal Building, as close as practical to sliding glass doors, doors, windows or other wall openings.

(3)

Storm or hurricane shutters of whatever type shall not be installed on the exterior face or railings of Balconies or Porches where such Balconies or Porches are located above the first floor level.

(b)

Except as otherwise provided in this section, Ordinance No. 239 shall apply to storm or hurricane shutters installed on Principal Buildings constructed after the effective date of Ordinance No. 239. Storm or hurricane shutters already installed, or to be installed, on Principal Buildings in existence as of the effective date of Ordinance No. 239 shall be governed by regulations in effect prior to the adoption of Ordinance No. 228 on May 26, 1981; provided, however, that Ordinance No. 228 shall apply to storm or hurricane shutters installed on Principal Buildings constructed prior to the effective date of Ordinance No. 228 on May 26, 1981 where no such storm or hurricane shutters have been installed or constructed on such Principal Buildings as of the effective date of Ordinance No. 239.

(Ord. No. 169, § 6-9(p), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 2023-0652, § 2, 9-19-23)

The disturbance of sea turtles nests is prohibited, unless conducted by authorized persons in the duty of sea turtle protection. During nesting seasons, beach cleaning activities are not to come within a distance which will disturb the function of the nests. Where feasible, the source of emission of outside light from structures will not be directly visible from turtle nesting areas.

(Ord. No. 356, § 5(6-9(q)), 11-13-90)

Beach renourishment projects shall protect sea turtle nesting areas by limiting construction in such areas to fall, winter and spring months, or by permitting the collection of eggs from identified nests by authorized personnel for incubation, hatching and subsequent release of hatchlings.

(Ord. No. 356, § 5(6-9(r)), 11-13-90)

(a)

Applicability. Owners of properties located within the OF Ocean Front District which contain four or more contiguous acres may apply to the Village Council to approve a rezoning to a PD Planned Development district applicable to their properties, in accordance with the following provisions and in the discretion of the Village Council.

(b)

Procedure for creation of PD District.

(1)

Purpose of PD District. The purpose of this section is to promote the public health, safety, comfort, order, appearance, convenience and general welfare of the Village; to answer the demand for housing of all types and designs; to provide suitable sites for the development of Structures combining residential and suitable commercial uses in a well-planned and compatible manner; to encourage innovations in residential and mixed use development, with greater variety in type, design and layout of Buildings than is generally possible under conventional zoning regulations; to conserve and efficiently use open space; to provide greater opportunities for housing, shopping, employment and recreation; to encourage more efficient use of land and public services; and to conserve land values. It is further the intent of this section to secure:

(i)

The establishment of standards of PD design which will encourage the development of attractive, interesting, high quality mixed use Structures;

(ii)

The provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments;

(iii)

The availability of open spaces in land developments for recreational beach access;

(iv)

The coordination of land development in the Village in accordance with orderly physical growth patterns;

(v)

Implementation of the comprehensive plan; and

(vi)

The discretion of the Village Council to approve, approve with conditions, or deny a PD application based upon its determination that the application, as proposed or modified, serves and protects the health, safety and welfare to at least an equivalent degree as the underlying zoning.

(2)

Ownership and applicant qualifications. A PD application may be filed in the names of the Owners of record of the Property included within the PD. However, the application may be filed by an applicant with an equitable interest in the Property, or by an attorney or agent for the Owners, provided the Owners of record join in and execute the application.

(3)

Application. A PD application shall be in form prescribed by the Building Official, and shall be accompanied by a current survey, detailed site plan, a conceptual Building plan and elevations, preliminary engineering plans, proposed preliminary design guidelines and a Landscaping plan. Each application shall be accompanied by a nonrefundable application fee of $12,500.00. The Village shall account for all costs of review, including but not limited to fees of Village staff and consultants and out of pocket costs. The applicant additionally shall pay for all actual costs to the Village over $12,500.00. After the Village has incurred over $10,000.00 in costs, the applicant shall make a further deposit toward the actual costs in an amount and time at the discretion of the Village Manager.

(4)

Architectural Review Board. The Building Official shall review the application when complete and shall submit a report to the Architectural Review Board, which shall review the application and the Building Official report, and provide comments to the Building Official. The Building Official shall then recommend to the Village Council whether to approve, approve with conditions, or deny the PD.

(5)

Village Council determination. The development of any new PD, or the major alteration, addition or modification to an existing PD, may only be permitted in accordance with a development plan approved by the Village Council after a public hearing, after recommendations from the Building Official and the Architectural Review Board and upon a showing by the applicant that the proposed PD:

(i)

Complies with each of the requirements of this section 21-299;

(ii)

Is designed and scaled to be compatible with adjacent development(s) and the surrounding neighborhood to a degree that will avoid substantial depreciation of the value of, or adverse impacts to, the adjacent properties by virtue of its nature, location, design, Building mass or intensity of use;

(iii)

Will not create excessive noise, traffic, illumination or other noxious impacts; and

(iv)

Provides for safe, efficient, convenient and harmonious groupings of Structures, uses and facilities and for appropriate relationship of space inside and outside of Buildings to intended uses and to structural and architectural features within the site.

In connection with the approval of the site plan and the creation of the PD District, the Village Council may impose reasonable limitations on the uses within the PD (including but not limited to hours of operation) and conditions for approval to ensure the compatibility of the uses with adjacent development(s) and the surrounding neighborhood and the mitigation of any adverse impacts from the proposed development. Such mitigation may include, but not be limited to screening or buffering, Landscaping, control or manner of operation, changes in proposed construction, location or design of Buildings, relocation of proposed open space or alteration of use of such space, and changes in traffic patterns.

(6)

Development agreement. No development shall take place within a PD Planned Development District except in conformance with a Written development agreement approved by the Village Council. The agreement shall address the applicant's dedication of land or facilities to mitigate its impacts upon the Village, as may be negotiated by the Village and the applicant. The agreement shall also provide for deed restrictions, covenants, and sureties as necessary, acceptable to the Village, for the completion of the development according to the plans approved at the time of rezoning to PD Planned Development, and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense. Unless otherwise specifically agreed to in the development agreement, development plans and permits for uses or Structures within a PD shall comply with all Village regulations, ordinances, and resolutions in effect at the time of plan approval or permit application. The second reading of the ordinance rezoning land to a PD Planned Development District shall not take place until the applicant has provided a final copy of the development agreement to the Village Clerk. In order to be considered final, the agreement shall be fully corrected to address all outstanding issues raised by the time of first reading, shall be fully executed by the applicant and all other necessary parties other than the Village, and shall include or incorporate by reference copies of all referenced exhibits. If approved, the agreement shall be recorded by the applicant with the County Clerk, at the applicant's expense.

(7)

Unified control. All land included for the purpose of development within a PD Planned Development District shall be under the control of the applicant. The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PD. All agreements and evidence of unified control shall be certified by the Building Official and the Village Attorney that such agreements and evidence of unified control meet the requirements of these regulations. Nothing in this subsection shall prohibit the subsequent conveyance of any portion of the Property located within a PD Planned Development District, as long as unified control remains over all parcels in the District.

(8)

Mapping of PD District. Upon approval of a PD by the Village Council, the official zoning map of the Village shall be amended to show the PD and the portions of it designated for particular uses, if any.

(c)

Permitted uses.

(1)

Mixed uses. All of the uses permitted in the OF Ocean Front District, at section 21-281, are permitted in a PD Planned Development District. At least two of the listed uses shall be included in the PD District. Any use not specifically permitted in the OF Ocean Front District shall be prohibited in a PD Planned Development District.

(2)

Accessory uses. An accessory use permitted in the OF Ocean Front District shall also be permitted in a PD Planned Development District.

(3)

Utilities. Facilities for utilities including, but not limited to, power and light, cable television, telephone, water, sewer and gas utilities, shall be constructed and installed underground. This subsection shall not prohibit the erection on the ground or flush with the ground of transformers, or other similar on-the-ground facilities normally used with and as a part of an underground distribution system. The applicant shall make the necessary cost and other arrangements for such underground installation with the appropriate utility provider. Facilities for utilities shall be constructed in appropriate easements except for water and sewer utilities, which shall be constructed in the right-of-way, whenever possible.

(4)

Storage uses to be enclosed. All storage uses shall be conducted within a completely enclosed Building.

(d)

Minimum Lot area. The minimum Lot area applicable within a PD Planned Development District shall be five acres.

(e)

Minimum Street frontage. Street frontage for Lots in the PD Planned Development District shall not be less than 350 feet.

(f)

Maximum Density and FAR.

(1)

Density: The maximum densities applicable to the OF Ocean Front District, at section 21-285, are also applicable to a PD Planned Development District. Where an application for site plan in a PD Planned Development District includes multiple Lots or phases, and any one or more of those Lots or phases contains legal non-conforming use as to Density, the existence of such legal non-conforming use shall not reduce the number of units per acre permitted in this section for any other Lot or phase. However, Density may be transferred within PD phases, provided that a final PD site plan for a particular phase shall not be approved unless:

a.

The cumulative Density of the final PD phase site plan to be approved and all prior approved final PD phase site plans does not exceed the Density of the OF Ocean Front District; or

b.

The Density of future phase site plans is restricted such that the total Density of the final PD site plan to be approved, all prior approved PD phase site plans, and all future PD phase site plans do not exceed the Density requirements of the OF Ocean Front District.

(2)

FAR. The maximum FAR of PD development shall be as approved by the PD zoning and development agreement, and all PD site plans shall not exceed the FAR approved by those documents.

(g)

Setbacks.

(1)

Modified Building Setbacks. Subject to final PD site plan approval, Building Setbacks may be modified from the provisions of the underlying OF Ocean Front District. Modified Building Setbacks shall be set forth on the final PD site plan or an accompanying recorded document and shall be enforced by the Village as if the Setbacks were provisions of the underlying zoning district. Building Setbacks may be modified only in accordance with the following criteria:

(i)

If the PD contains residential uses, the modified Building Setback shall provide privacy within dwellings.

(ii)

The modified Building Setback shall provide adequate light and air.

(iii)

The location of a modified Setback and the compatibility of adjacent uses shall be a factor in granting approval of Setback modifications.

(iv)

Building configuration and the relationship between Building configuration and privacy, light, air and the compatibility of modified Building Setback uses shall be factors in granting approval of Setback modifications.

(v)

Fire exposure of proposed PD Buildings, ground floor area of Buildings, height of Buildings, occupancy usage, type of construction, availability of water for fire flow, and spacing of fire hydrants shall be factors in granting approval of Setback modifications.

(2)

Required perimeter Building Setback. No Building shall be located closer than 100 feet to Collins Avenue, or closer than 25 feet to any other perimeter Property line of a PD. The perimeter Building Setback shall be landscaped to the standards of, and maintained as required by, subsection 21-292. In determining the specific perimeter Setback requirement for each PD, the compatibility of adjacent land uses, Building heights and any Parking Structures shall be considered and the required perimeter Building Setback may be adjusted accordingly.

(3)

Coastal construction control line. Notwithstanding anything to the contrary in the Code, Building construction seaward of the coastal construction control line may be permitted provided the Building construction is consistent with the approved PD site plan and development agreement and provided that all State and local permits required for such Building construction are obtained by the applicant.

(h)

Building height. Building height shall not exceed 297 feet above the average Street Grade adjoining the Property, as determined under section 21-288(4) of this Code. Rooftop Structures shall be permitted pursuant to section 21-293 of this Code.

(i)

Model Buildings. The model Building provisions applicable to the OF Ocean Front District, at section 21-294, is also applicable to a PD Planned Development District.

(j)

Storm and hurricane shutters. The storm and hurricane shutters applicable to the OF Ocean Front District, at section 21-296, are also applicable to a PD Planned Development District.

(k)

Sea turtle protection. The sea turtle protection provisions applicable to the OF Ocean Front District, at sections 21-297 and 21-298, are also applicable to a PD Planned Development District.

(l)

Compliance. No PD shall be approved unless the conditions of this section are satisfied. The requirements of this section are continuing and enforceable against any PD approved hereunder.

(m)

Modification of development parameters. A development agreement and PD approval granted under this section may be reasonably modified where the conditions and designs are such that modification is necessary in the determination of the Village Council. Any modification shall require evidence of the necessity for the modification and the resulting impact of the modification, and shall conform to the development parameters of this section. Approved modifications shall be incorporated into the development agreement, and shall be accompanied by the submission of as-built plans for the entire PD development with all existing easements and underground utility systems shown thereon, including Landscaping plans. Applications for modifications must be authorized by all of the Persons that originally signed the development agreement on behalf of the applicant.

(n)

Effect of PD Planned Development rezoning. Upon the rezoning of the Property to PD Planned Development District, the approved PD site plan and development agreement, along with such requirements, safeguards, or modifications as may have been included by the Village Council in its rezoning action, shall be substantially complied with relative to the issuance of Building permits and certificates of occupancy for all Buildings and improvements constructed within the PD Planned Development District. The approved PD site plan and development agreement shall constitute the approved development and the development regulations applicable to Property within the PD Planned Development District. In the event of any conflict with any other provisions of the Code, the PD site plan and development agreement shall control the development of the Property within the PD Planned Development District.

(Ord. No. 473, § 4, 6-18-02; Ord. No. 2024-658, § 2, 3-5-24)

No Building or land shall be used in the B Business District and no Building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used for any purpose, unless otherwise provided for in this chapter, except for one or more of the following permitted, conditional or statutory uses:

(a)

Permitted Uses:

(1)

An Accessory or subordinate Building, attached or detached from the main Building, in which there shall be no business or commercial activities conducted, shall be permitted for uses which are incidental and necessary to the main business.

(2)

Countertop appliance, electronic, music, radio, computer and communication hardware and software and/or telephone and television stores, up to a gross area of 10,000 square feet, provided the place of business intended for such use is located 1,000 lineal feet or more from a place of business within the Village having an existing, legally established certificate of use primarily for the sale of any merchandise described in this use category. The 1,000-foot distance requirement shall be measured by following a straight line between the nearest two points of the areas used as the place of business. Such use shall be prohibited from offering parking at any different rate than is applied to invitees of other businesses on the property.

(3)

Art galleries.

(4)

Auction houses.

(5)

Banks and other financial institutions.

(6)

Barbershops.

(7)

Beauty salons.

(8)

[Reserved.]

(9)

[Reserved.]

(10)

[Reserved.]

(11)

Confectionery, bakeries and ice cream stores.

(12)

Dry cleaning and pressing agency (no laundry or dry cleaning permitted on the premises).

(13)

[Reserved.]

(14)

[Reserved.]

(15)

[Reserved.]

(16)

[Reserved.]

(17)

[Reserved.]

(18)

Interior decorating, costuming, draperies.

(19)

[Reserved.]

(20)

Merchants, including dry goods, department and variety stores, wearing apparel, furriers, furniture and home furnishings, hardware, stationery items, sporting goods, luggage, antiques, china, jewelry, books, toys, videos, soaps, perfumes, leather goods and gifts.

(21)

Municipal Buildings.

(22)

Offices, including brokerage houses.

(23)

Optical businesses.

(24)

[Reserved.]

(25)

Parking/storage of motor cars.

(26)

Photograph studios.

(27)

Post offices.

(28)

[Reserved.]

(29)

Professional offices.

(30)

Restaurants, limited to establishments where food is prepared to order, under the supervision of a qualified chef, without the use of previously mass assembled food components, and primarily for consumption on the premises, not including establishments where food is prepared using previously mass assembled food components and served in disposable packaging for consumption on or off the premises.

(31)

Sales and show rooms.

(32)

Skin salons and spas, not including stand-alone tattoo parlors.

(33)

Tailor and alteration shops (dry cleaning agency only, pressing but no cleaning).

(34)

[Reserved.]

(35)

Travel agencies.

(36)

Watch sale and repair shops.

(37)

[Reserved.]

(38)

Snack Shop or Sundry Shop, limited to eating establishments serving beverages and prepackaged snacks and light fare, such as sandwiches, for consumption on or off the premises, not including establishments where food is prepared using previously mass assembled food components and served in disposable packaging for consumption on or off the premises.

(b)

Conditional Uses—Permitted after site plan review pursuant to Section 21-322:

(1)

Appliance, electronic, music, radio, computer and communication hardware and software and/or telephone and television stores where the place of business intended for such use is located less than 1,000 lineal feet from a place of business within the Village having an existing, legally established certificate of use primarily for the sale of any merchandise described in this use category. The 1,000-foot distance requirement shall be measured by following a straight line between the nearest two points of the areas used as the place of business.

(2)

Banquet hall with or without on-site catering.

(3)

Child care or juvenile entertainment facilities (but not video arcades).

(4)

Places of Worship.

(5)

Cocktail lounges.

(6)

Drugstores.

(7)

Florists.

(8)

Grocery stores.

(9)

Health clubs.

(10)

Liquor package stores.

(11)

Private clubs.

(12)

Theaters and motion picture houses.

(13)

Other uses with similar impacts as may be permitted by the Village Council, after a public hearing, provided that such uses are compatible with and do not adversely affect the character of the "B" Business District.

At least 15 days before any major event that is expected to attract in excess of 500 people at any one time or will involve live music or use of a public address system, such as grand openings, product roll-outs, etc., the owner of any property in the B Business District shall seek the approval of the Village Manager, which shall review and authorize such event subject to a satisfactory security and traffic plan. In authorizing such an event, the Village Manager may attach reasonable conditions to ensure the safety of the public inside and outside the property, provide for adequate traffic circulation, and address any other potential impacts of the major event. Costs of providing Village personnel, including but not limited to Police or Fire/Emergency response staff, required by the approved security and traffic plan shall be borne by the property owner and shall be paid in advance of the major event.

(c)

Statutory uses: Mixed Use multifamily development pursuant to the Live Local Act of 2023, Chapter 2023-17, Laws of Florida, as it may be amended. For purposes of this section, "Mixed Use" means a combination of residential uses and their amenities with nonresidential uses, where the percentage of FAR devoted to nonresidential uses does not exceed 35% of the total FAR. The nonresidential uses shall be those uses allowed as permitted or conditional uses provided in subsections (a) and (b) above.

(Ord. No. 169, § 6-10(a), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86; Ord. No. 377, § 1, 9-30-92; Ord. No. 2012-565, § 2, 11-20-12; Ord. No. 2024-659, § 2, 4-9-24)

The boundary of the B Business District shall consist of the following lot and block or tract numbers:

(1)

Business Section of Bal Harbour, Areas 1, 2, 2A, 3, 4, and 5.

(2)

Ocean Front Section of Bay Harbor, Tract B.

(3)

Residential Section of Bal Harbour, a portion of Tract D, described in DB 2886, page 198, and DB 3505, page 170.

(Ord. No. 169, § 6-10(b), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86)

Except as set forth herein, no Building or Structure in the B Business District shall exceed 56 feet or three Stories in Height, whichever is less. No Parking Structure shall exceed 56 feet or five Stories above the surface parking level in Height, whichever is less. Any Parking Structure which exceeds 36 feet or three Stories shall require a public hearing in accordance with the procedures set forth in Sections 21-51 and 21-52 and the standards set forth in Section 21-53(a). Notwithstanding any other limitation herein, for any assemblage of contiguous Lots now or hereafter owned by the same owner in the Business District which contains five or more contiguous acres, an area not to exceed 42,600 square feet thereof may, after a public hearing in accordance with the procedures set forth in Sections 21-51 and 21-52 and the standards set forth in Section 21-53(a), contain Structures not to exceed 69 feet in Height. Except as provided below, when a parapet wall is provided, the vertical distance shall be measured from the highest point of any street bounding the property to the highest point of the parapet wall. Parapet walls shall not exceed four feet in Height as measured from the highest point of the roof to the highest point of the parapet wall. Except as otherwise provided herein, a "Story" of a Structure shall be considered to be no greater than 19 feet in Height and a "Story" of a Parking Structure shall be considered to be no greater than 11 feet six inches in Height. For development pursuant to the Live Local Act of 2023, Chapter 2023-17, Laws of Florida, the Village will comply with the building height requirements set forth in section 166.04151(7), F.S., as it may be amended from time to time.

(Ord. No. 169, § 6-10(c), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86; Ord. No. 512, § 2, 10-17-06; Ord. No. 2024-659, § 2, 4-9-24)

(a)

The following Yard and Setback requirements shall apply in the B Business District:

(1)

Front Yard Setback. The following front Yard Setbacks shall be maintained:

a.

From Collins/Bal Harbour Boulevard and Harding Avenues:

1.

50 feet for Buildings occupied and used for the sale of merchandise or services at retail.

2.

100 feet for Parking Structures and all other Structures.

b.

From 96th Street: 7.5 feet for all Buildings, Parking Structures and all other Structures.

c.

From Bal Bay Drive: 20 feet for all Buildings, Parking Structures and all other Structures.

d.

From Park Drive: 100 feet for all Buildings, Parking Structures and all other Structures.

e.

From Bal Cross Drive: 50 feet for all Buildings, Parking Structures and all other Structures.

(2)

Interior, side and rear Yards. There shall be interior, side and rear Yards having a width of not less than seven feet six inches on each side of a Building or Structure, including Parking Structures.

(3)

Waterfront Setback. There shall be a waterfront Setback of 40 feet, as measured from the outside face of the Seawall.

(b)

Front Yard Setback.

(1)

Front Yard Setback for Commercial Development. The following front Yard Setbacks shall be maintained for commercial development of uses permitted in the B Business District as permitted or conditional uses:

a.

From Collins/Bal Harbour Boulevard and Harding Avenues: 1. 50 feet for Buildings occupied and used for the sale of merchandise or services at retail. 2. 100 feet for Parking Structures and all other Structures.

b.

From 96th Street: 7.5 feet for all Buildings, Parking Structures and all other Structures.

c.

From Bal Bay Drive: 20 feet for all Buildings, Parking Structures and all other Structures.

d.

From Park Drive: 100 feet for all Buildings, Parking Structures and all other Structures.

e.

From Bal Cross Drive: 50 feet for all Buildings, Parking Structures and all other Structures.

(2)

Front Yard Setback for Live Local Act Development. To ensure that the appearance and scale of all taller buildings are consistent as to appearance and separation from the right of way and surrounding uses, the following front Yard Setbacks from the OF Oceanfront District shall be maintained for development pursuant to the Live Local Act (which allows additional height for mixed use or residential development in the B Business District, based on the maximum building height in the OF Oceanfront District):

a.

From Collins Avenue/Bal Harbour Boulevard and Harding Avenues: All buildings and structures used for residential or mixed use of 17 stories or less shall be set back a minimum of 150 feet from the right of way. Each story above the 17th story shall be set back an additional 25 feet from the story below: i.e., 18 stories, 175-foot setback; 19 stories, 200-foot setback; etc. Buildings may comply by either setting back each higher story by the minimum amount or by placing the entire building at the maximum setback from the right of way. Parking Structures used for residential or mixed use shall be set back a minimum of 100 feet from the right of way.

b.

From 96th St.: 0 feet for all Buildings, Parking Structures, and all other Structures.

c.

From Bal Bay Drive, Park Dr. and Bal Cross Drive: All Buildings and Structures used for residential or mixed use shall be set back a minimum of 100 feet from the property line of the listed roadways. The following requirements shall apply to such Buildings and Structures, including their Parking Structures that are taller than 56 feet (or 69 feet as provided in Section 21-318):

(i)

The minimum setback shall be the height of the Building or Structure.

(ii)

Each story above the 10th story shall be set back an additional 25 feet from the story below: i.e., 11 stories, 125-foot setback; 12 stories, 150-foot setback; etc.

(iii)

Buildings and Structures may comply by either setting back each higher story by the minimum amount or by placing the entire Building or Structure at the maximum setback from the property line of the listed roadways.

(3)

Interior, side and rear Yards. There shall be interior, side and rear Yards having a width of not less than seven feet six inches on each side of a Building or Structure, including Parking Structures.

(4)

Waterfront Setback. There shall be a waterfront Setback of 40 feet, as measured from the outside face of the Seawall.

(Ord. No. 169, § 6-10(d), 6-29-74; Ord. No. 205, § 2(D)—(G); Ord. No. 298, § 3, 11-25-86; Ord. No. 595, § 3, 5-16-17; Ord. No. 2024-659, § 2, 4-9-24)

(a)

All applications for review of a major site plan in the B Business District shall be accompanied by a traffic survey and analysis prepared by a qualified traffic engineer showing that any additional vehicular movements generated by reason of the construction, expansion or alteration can be accommodated by the adjacent Streets at the peak traffic hour on the Streets without causing the Level of Service on the Streets to deteriorate to a Level of Service D or worse. Non-emergency vehicular access to and from the Business District shall be limited to Collins Avenue, to 96th Street, and to Bal Cross Drive.

(b)

No major site plan approval shall be issued unless or until a traffic survey and analysis meeting the requirements of subsection (a) of this section has been filed with the Building Official and considered by the Village Council as part of the public hearing.

(c)

For purposes of this section, the term "Level of Service" (abbreviated as "LOS") refers to the overall quality of flow at an intersection. To quantify the various Levels of Service which can be experienced, the following criteria shall apply:

(1)

LOS A. LOS A is the highest Level of Service which can be achieved. Under this condition, the green time available for any particular movement is never fully utilized, and no vehicle waits longer than one red indication. Typically, the approach appears quite open, turning movements are easily made, and nearly all drivers find freedom of operation, their only concern being the change that the signal will be red or turn red when they approach. Volumes are generally less than 60 percent of capacity.

(2)

LOS B. LOS B is representative of stable operation. An occasional vehicle will be forced to wait through more than one red indication, and many drivers will begin to feel somewhat restricted within groups of vehicles. Volumes are usually between 60 percent and 70 percent of capacity.

(3)

LOS C. At LOS C, although still representative of stable operation, more drivers are forced to wait through more than one red indication, and backups may develop behind turning vehicles. Most drivers are beginning to feel restricted, but not objectionably so. This is the level typically associated with urban design practice. Traffic volumes under this Level of Service are generally between 70 and 80 percent of capacity.

(4)

LOS D. LOS D encompasses a zone of increasing restriction approaching instability. Delays to approaching vehicles may be substantial during short peaks within the peak period, but enough slack occurs to permit periodic clearance of long lines, thus preventing excessive backups. Traffic volumes at LOS D are between 80 and 90 percent of capacity.

(5)

LOS E. LOS E represents the capacity of the intersection where there are likely to be long lines of vehicles waiting upstream of the intersection and delays may be great (drivers may have to wait through several red indications). Traffic volumes in excess of 90 percent of capacity are indicative of LOS E.

(6)

LOS F. LOS F represents jammed conditions. Backups from locations downstream or on the cross street may restrict or prevent movement of vehicles out of the approach under consideration; hence, volumes carried are not predictable.

(Ord. No. 169, § 6-10(e), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86; Ord. No. 2012-566, § 3, 11-20-12; Ord. No. 612, § 2, 12-18-18)

(a)

The maximum allowable Floor Area Ratio for the B Business District shall be FAR 0.70.

(b)

The maximum allowable Floor Area Ratio for the Special Business Improvement Area shall be FAR 1.22.

(c)

For development pursuant to the Live Local Act of 2023, Chapter 2023-17, Laws of Florida (which allows residential development in the B Business District):

1.

FAR shall be as defined in Section 21-280 for the OF Oceanfront District, and shall comply with the FAR requirements of the OF Oceanfront District in Section 21-286, so that only the FAR of Parking Structures under 22 feet in height shall be exempt from the calculation of maximum FAR; and

2.

Minimum habitable unit floor areas shall be as provided in the OF Oceanfront District, as follows: Efficiency dwelling units: 600 square feet; One-bedroom dwelling units: 900 square feet; Two-bedroom dwelling units: 1,150 square feet; Three-bedroom dwelling units: 1,500 square feet; and For each additional bedroom over three, an additional 200 square feet of floor area shall be required. Spaces which are convertible to additional bedrooms shall be considered as bedrooms for purposes of determining minimum habitable unit floor areas.; and

3.

The Village will comply with the density requirements set forth in section 166.04151(7), F.S., as it may be amended from time to time, by applying the density requirements of Section 21-285(1) of the OF Oceanfront District.

(Ord. No. 169, § 6-10(f), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86; Ord. No. 595, § 3, 5-16-17; Ord. No. 2024-659, § 2, 4-9-24)

(a)

Definitions and Applicability.

(1)

For purposes of this section and Section 21-323, the following terms are defined:

a.

Adjacent shall mean contiguous with, or located immediately across any roadway, right-of-way or easement from, a development site that is subject to this section.

b.

Development shall mean (1) construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of a building or structure; or (2) any change in the use or intensity of use of any building, structure or use of land. When appropriate to the context, development refers to the act of development or to the result of development.

c.

Development Site shall mean a lot, tract or parcel of land, or combination of lots, tracts or parcels of land, which has been developed or is proposed to be developed as a unified project.

d.

Municipal Building shall mean a Building, Structure or other improvement owned by the Village.

e.

Exterior Facing shall mean work subject to this section or Section 21-323 which faces a property which is not owned by the applicant, or is not located in the B Business District.

f.

Interior shall mean work subject to this section or Section 21-323 which is not Exterior Facing.

(2)

Site plan review and approval as hereinafter provided shall be required prior to issuance of a building permit for any new Development, modification, or redevelopment, including an amendment to a previously approved site plan, that would result in one or more of the following:

a.

A horizontal shift of the exterior-facing boundaries of the existing building footprint of any Structure which results in an increase in Floor Area Ratio or lot coverage;

b.

An increase in the height of any existing Structure;

c.

Alterations to existing physical features affecting traffic circulation or access patterns between the site and any right-of-way; or

d.

A change in use of a Structure, or any part thereof, to a Conditional Use or Statutory Use as listed in Section 21-316.

e.

A reduction or relocation of more than ten percent of the parking spaces existing on a Development Site.

(3)

Site plan review and approval shall not be required for the following activities:

a.

A change in use to a Permitted Use listed in Section 21-316(a); or

b.

Proposed work which is limited to any interior improvement, remodeling or renovation which is not visible from the ground level, or from the first three floors, of a residential property; or

c.

Construction or improvement of Municipal Buildings.

(4)

A site plan application for LLA Development shall be presumed to be a major site plan. Any site plan application shall be presumed to be a major site plan unless the applicant demonstrates to the satisfaction of the Village Manager or designee that the proposed Development and/or Conditional Use will not significantly alter existing impacts to Adjacent premises or significantly increase the burden on existing infrastructure or public services, in which case it shall be reviewed as a minor site plan. In evaluating such impacts, the Village Manager or designee shall consider, as appropriate for the circumstances of the application:

a.

The extent to which the Development would create or alleviate environmental problems such as air or water pollution or noise;

b.

The amount of pedestrian or vehicular traffic likely to be generated;

c.

The number of persons, including employees, likely to be present;

d.

The size of the Development;

e.

The likelihood that additional or subsidiary Development will be generated; and

f.

The extent to which the Development would create an additional demand for, or additional use of, energy, water, sewer capacity, road infrastructure, and other public services.

(b)

Application. The application shall be in a form prescribed by the Village Manager or designee, and shall be accompanied by a current survey, detailed site plan, a description of the intended use, a conceptual building plan and elevations, preliminary engineering plans, proposed preliminary design guidelines, exterior lighting plan, and a landscaping plan, as applicable, and in no event shall require disclosure of the name of the prospective tenant. The application shall be reviewed by the Village Manager or designee to determine whether the application involves a minor or major site plan, and whether any additional supporting documentation is required for review. A minor site plan application shall be accompanied by a nonrefundable fee of $2,500.00. A major site plan application shall be accompanied by a nonrefundable application fee of $5,000.00. The Village shall maintain a record of all costs of review of a major site plan application including, but not limited to, fees of Village staff and consultants and out of pocket costs. Prior to scheduling a major site plan application for a public hearing, the applicant shall pay the Village for all actual costs over $5,000.00. The application fee does not include the costs of advertising and public notice; all such advertising and public notice costs shall be borne by the applicant.

(c)

Review of Minor Site Plan Applications.

(1)

Procedure. A minor site plan application shall be evaluated by the Village Manager or designee, for compliance with the criteria described in sub-paragraph (f) of this section. If the Village Manager or designee determines that more information is warranted, additional materials that are reasonably related to the application may be requested from the applicant. The Architectural Review Board shall review the application in accordance with sub-paragraph (d) below, and the Board's comments and recommendation, if any, shall be provided to the Village Manager or designee. The Village Manager or designee shall review the application, and the comments and recommendations of the Architectural Review Board, if any, and shall render a final written decision on the application within 21 days of the Architectural Review Board meeting on the application. At least seven days prior to the Village Manager or designee rendering a final decision, posted notice regarding the application shall be provided on the property and at a conspicuous location at Village Hall. The posted notices shall provide that any interested person may contact the Village Clerk and request a written notice of the final decision on the application. In issuing the final decision, the Village Manager or designee may attach conditions including, but not limited to, requirements for screening or buffering, landscaping, limitations on manner, scope, and extent of operation(s), changes in proposed construction, location or design of Buildings, and relocation of proposed open space or alteration of use of such space. The final written decision of the Village Manager or designee shall be mailed to the applicant and to any interested parties who have requested written notice of the decision, along with instructions on the process for an appeal.

(2)

Expiration. Failure to obtain a master building permit within 12 months from the approval of a minor site plan shall render the site plan approval void.

(3)

Appeal. If the applicant, or any other substantially affected party, disagrees with the final decision of the Village Manager or designee, the decision may be appealed by filing a written request with the Clerk accompanied by a $1,500.00 appeal fee within 15 days of the date of issuance of the final decision. In the event of such appeal, the Village Council shall review the minor site plan application on a regularly scheduled agenda and shall have the power to approve, reverse or modify the decision of the Village Manager or designee. At its discretion, the Council may assess any portion of the costs associated with the appeal against the losing party to the appeal, or may order the appeal fee refunded to the appellant.

(d)

Advisory Review of Site Plan Applications by the Architectural Review Board. The Architectural Review Board shall review each major and minor site plan application.

(1)

Criteria for ARB Review. The Board shall evaluate the application under the following review criteria, and the design and aesthetic appearance of the site and Buildings. Definitions of capitalized terms shall be as defined in this Chapter and Section 5.5-2 of the Code.

a.

The Exterior Building Components and External Architectural Features shall have Attractive and cohesive Architectural Character.

b.

The orientation, appearance and design of External Architectural Features of new and existing Buildings and Structures, and/or additions or modifications to existing Buildings and Structures, shall indicate sensitivity to and shall be compatible with the Streetscape and Adjacent Buildings and Structures, enhance the appearance of surrounding properties, and create or maintain important view corridor(s).

c.

Landscaping and paving materials shall ensure a cohesive relationship with and enhancement of the overall site plan design.

d.

Buffering materials shall ensure that headlights of vehicles, noise, and light from Structures are adequately shielded from public view, Adjacent properties and pedestrian areas.

e.

Colors shall be subtle and harmonious with the Landscaping and nearby Buildings and Structures. Bright or brilliant colors shall be used for accent only.

f.

All rooftops of buildings with flat roof decks, including parking garage roof decks, shall be designed to minimize negative appearances by screening Mechanical Equipment and Utility Hardware, and by minimizing the ponding of stormwater through use of drains and scuppers. Rooftops shall be designed to allow for the continued maintenance of the roof surface in an attractive manner in accordance with Section 21-324.

g.

Mechanical Equipment and Utility Hardware on roofs, ground or buildings shall be screened from public view with materials harmonious with the building, or shall be located so as not to be visible from streets, Waterways, service alleys, and adjoining properties. Screening shall be of such material and color so that it matches or blends with the existing roof or portion above the top floor where it is installed. This provision shall not be interpreted to require screening of Mechanical Equipment and Utility Hardware from adjoining buildings that may exceed the height of the rooftop upon which the Mechanical Equipment or Utility Hardware is installed. In this instance, only screening to the maximum height of the equipment or hardware is required.

h.

The choice of materials and their usage shall be conducive to regular maintenance and durability in accordance with Section 21-324.

(2)

Conditions. The Board may recommend to the Village Manager or designee specific conditions to address potential incompatibility, to better address the applicable criteria, or other impacts to surrounding properties.

(3)

Additional Reviews. The initial review by the Board is mandatory for each site plan application proposed. All subsequent reviews by the Board, should they be requested, are at the option of the applicant.

(4)

Response to ARB Review. If the Board does not recommend approval of the site plan and the applicant elects not to pursue further review by the Board, the Board's position on the site plan and any comments discussed at the meeting shall be included within the staff report to the Village Manager (for an application for minor site plan approval) or the Village Council (for an application for major site plan approval), as applicable.

(e)

Staff Review of Site Plan Applications. The Village Manager or designee shall review the application when complete and shall prepare a staff report to the Village Council (for an application for major site plan approval), or to the Architectural Review Board (for an application for minor site plan approval), as applicable, including (without limitation) an assessment of whether the review criteria of Section 21-322(d)(1) are met. The staff report shall include a recommendation for approval, approval with conditions, or denial of the site plan.

(f)

Village Council Determination of Major Site Plan Applications. The Village Council shall consider the major site plan application at a public hearing that is noticed in the manner set forth in Section 21-52. The Village Council may approve, approve with conditions, defer or deny the application. In rendering its decision, the Village Council shall consider the Village Manager or designee's recommendation. Approval of the proposed application and intended use shall require a finding that the major site plan and intended use(s):

(1)

Are designed and scaled to be compatible with and avoid depreciation of Adjacent properties and to minimize adverse impacts to Adjacent Development and the surrounding neighborhood by virtue of the proposal's nature, location, design, Building mass, intensity of use, or mitigation measures; and

(2)

Will not create excessive noise, traffic, illumination or other adverse impacts; and

(3)

Provide for safe, efficient, convenient and harmonious groupings of Structures, uses and facilities and for appropriate relationship of space inside and outside of Buildings to intended uses and to structural and architectural features within the site; and

(4)

Uphold the basic intent and purpose of zoning and other land use regulations, observing the spirit of the regulations and assuring public safety and welfare, without tending to create a fire or other equally or more dangerous hazard or provoke the excessive overcrowding or concentration of people or population.

In connection with the approval of the application, the Village Council may impose reasonable limitations on the permissible uses, and conditions for Development and operation to ensure the compatibility of the uses with Adjacent Development(s) and the surrounding neighborhood and the mitigation of any adverse impacts from the proposed Development. Such mitigation may include, without limitation, screening or buffering, landscaping, limitations on manner, scope, and extent of operation(s), changes in proposed construction, location or design of Buildings, relocation of proposed open space or alteration of use of such space, changes in traffic circulation or signalization, and any other matter reasonably calculated to address potential impacts to Adjacent Development and the surrounding neighborhood.

(g)

Extensions of Major Site Plan Approvals. Failure to obtain a building permit within 18 months of the Village Council's approval of the application shall render the major site plan void, unless after good cause shown, an extension to this timeframe has been granted by the Village Council. The major site plan extension shall be advertised and noticed in the same manner as a major site plan application. The Village Council shall consider the Village Manager or designee's recommendation on the major site plan extension and render its decision after a public hearing.

(h)

Development Agreement. As a condition of a major site plan application, a Development Agreement, or amendment to an existing Development Agreement, may be required in order to mitigate the impacts that the proposed Development will have on the Village. The Development Agreement shall provide for one or more of the following, as appropriate for the circumstances of the application: (1) the applicant's dedication of property and/or construction of facilities to mitigate its impacts upon the Village; (2) any deed restrictions, covenants, and bonded commitments that are necessary and acceptable to the Village to ensure timely completion of the Development according to the approved major site plan; (3) any new or continuing operational obligations and maintenance of areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense; and (4) any other matter determined by the Village to be appropriate to mitigate impacts of Development. Unless otherwise specifically agreed to in the Development Agreement and otherwise approved by variance in the manner provided for in this Chapter 21, construction of all Structures shall comply with all provisions within the Village Code of Ordinances. If approved, the Development Agreement shall be recorded at the applicant's expense in the Miami-Dade County public records.

(i)

Administrative Review and Design Criteria of Live Local Act Development.

(1)

Definitions. For purposes of this subsection (i), the following terms are defined:

a.

The Live Local Act or the Act means the Live Local Act of 2023, Chapter 2023-17, Laws of Florida, as it may be amended.

b.

LLA Development means mixed use multifamily development pursuant to the Act. All components of the LLA Development shall be located on the same parcel or on one unified parcel.

(2)

Intent. The Act requires that the Village allow LLA Development in the B Business District even though this district does not permit residential use. The Act further requires that the Village allow height, density, floor area ratio, and use inconsistent with the otherwise applicable requirements of the Code. LLA Development shall comply with all requirements of the Code for such development unless otherwise specified for LLA Development in the B Business District. The Village Manager shall review and approve a major site plan or major site plan amendment for LLA Development, if:

a.

no further action by the Village is required (e.g., no variance, conditional use or other approval is required); and

b.

the proposed development satisfies the land development regulations for multi-family developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, floor area ratio, and land use, in the manner further specified herein.

(3)

Review Process. The review process shall assure that LLA Development satisfies all requirements of the Act, as well as the Village Comprehensive Plan and Code provisions that are not preempted by the Act for a major site plan, and all other applicable laws. LLA Development shall follow the minor site plan process, with review by the Administration of whether the LLA Development satisfies all requirements of law, including (without limitation) the review criteria of Section 21-322(d)(1) and other requirements for major site plan approval, a recommendation by the ARB, and administrative approval by the Village Manager rather than approval by the Village Council. The Village Manager shall promulgate a policy containing procedures and expectations for administrative approval, and shall maintain it on the Village website.

(4)

Density and height.

a.

The maximum density of a residential component of an LLA Development is the highest currently allowed density on any land in the Village where residential development is allowed (55 dus/acre), or as otherwise provided by statute.

b.

The maximum height of a residential component of an LLA Development shall be the highest currently allowed for a commercial or residential development within the Village and within 1 mile of the proposed development, or 3 stories, whichever is higher.

c.

When determining "highest currently allowed density" or "highest currently allowed height," the following shall not be considered:

(i)

an LLA Development;

(ii)

a development that is not in compliance with the current zoning code (such as non-conforming structures); and

(iii)

a development with increased height or increased density, if any, allowed as a bonus or incentive, or as a variance.

d.

Any LLA development eligible for additional height, FAR, or density bonuses is permitted to utilize them.

(5)

Standards for LLA Development Residential Components. LLA Development shall meet all requirements for major site plan approval. As LLA Development is the only type of development in the B Business District allowed to include residential uses in a mixed use project, the following additional standards are provided to assure that such residential development is equitable, is consistent with the quality of Village development, and avoids discrimination against any Village resident.

a.

Required residential and non-residential uses.

(i)

Residential uses. At least 65 percent of the total square footage of an LLA Development shall be used for residential purposes. Lobby, service areas, and amenity areas exclusively serving the residential uses of the LLA Development shall not be considered residential square footage. Common/shared ground floor lobby, service areas, and amenity areas shall be proportionately allocated to the residential and non-residential square footage requirements.

(ii)

Non-residential uses. A maximum 35 percent of the total square footage of the LLA Development shall be devoted to main or principal (and not accessory) nonresidential uses. Retail or restaurant uses shall be located on the first 75 feet of the ground floor of any Building of the LLA Development facing Collins Avenue/Bal Harbour Boulevard and Harding Avenues or 96 ^th Street.

b.

Equivalency of affordable dwelling units.

(i)

No segregation of units. Affordable dwelling units and market rate units within an LLA Development shall be located within the same Building or shall be proportionately distributed between multiple Buildings, if multiple Buildings are proposed. In no event shall an LLA Development Building's residential component consist entirely of market rate units.

(ii)

Equal access to amenities. All common areas and amenities within an LLA Development shall be equally accessible and available to all residents (both affordable and market rate units).

(iii)

Equal access to units. Access to the required affordable dwelling units in an LLA Development shall be provided through the same principal entrance(s) and with the same elevators/stairwells utilized by market rate dwelling units in the development. For townhouse-style affordable dwelling units, each unit shall have its own entrance.

(iv)

Equal access to parking. Parking for affordable dwelling units shall be provided in the same manner, with the same level of convenience and proximity as parking for market rate units.

(v)

Equal quality of construction and common areas. The design and construction of the affordable dwelling units and associated common areas shall be of the same quality as the design and construction of the market rate units and associated common areas.

(vi)

Equal provision of a range of unit types. The number of each type of affordable dwelling unit provided in an LLA Development shall be approximately proportional to the number of each type of market rate unit in the LLA Development, with type determined by the number of bedrooms. For purposes of this subparagraph, "approximately proportional" shall mean that the percentage of each type of unit among the affordable dwelling units shall be within 5 percentage points of the percentage of each type of unit among the market rate dwelling units (e.g. if 25 percent of the market rate units are two-bedroom units, then between 20 percent and 30 percent of the affordable units shall also be two-bedroom units, etc., maintaining an approximately proportional distribution of affordable and market rate units and unit types within the LLA Development). If the 5 percent calculation results in less than a full unit, then the amount shall be rounded up and "approximately proportional" shall mean a difference of one unit.

c.

Affordability commitment. Pursuant to the Act, at least 40 percent of the residential units within a proposed LLA Development shall be rental units and shall be "affordable" as defined in Section 420.0004, Florida Statutes, and shall remain affordable for a period of at least 30 years. This requirement shall be incorporated as a condition of any administrative approval of an LLA Development. Furthermore, as a prerequisite to the issuance of a building permit, the Owner shall execute and deliver to the Village for recordation in the public records, on a form approved by the Village Attorney, a deed restriction in favor of the Village ensuring compliance with, and enforcement of, this affordability requirement. Additionally, the property owner shall provide to the Village, each year on January 15, copies of all leases then in effect for the affordable units, together with such other documentation necessary to demonstrate that such leases meet the affordability criteria as set forth in Section 420.0004, Florida Statutes, and confirm that the occupants of the affordable units meet the requirements of the income standards. The Village has the right to audit the evidence of compliance with Section 420.0004, Florida Statutes, at any time if warranted.

d.

Tower articulation. To avoid large unbroken "boxy" massing appearances of taller Buildings and Parking Structures, the Village adopts the following required design criteria.

(i)

Length of Building or Parking Structure. For Buildings or Parking Structures over 56 feet in height, the maximum overall length of any single Building or Parking Structure in a linear shape, with no breaks or angles greater than 15 degrees, shall not exceed 200 feet, as further regulated by the requirements provided below.

(ii)

Breezeways. For purposes of this section, a "breezeway" is an open area that divides two buildings or structures, or parts of buildings or structures, that may be crossed by a path or bridge. A Building or Parking Structure may exceed 120 feet in length if breezeways divide such Building or Parking Structure, into parts not exceeding 120 feet in length. Such breezeways shall have a minimum unobstructed width of at least 20 feet for their entire length. Components of a Building(s) or Parking Structure(s) may be connected through bridges, which may have covers. The top floor bridge may be covered by the roof of the overall Building or Parking Structure.

(iii)

Distance Between Buildings/Parking Structures. The minimum distance, unobstructed, between Buildings and Parking Structures on a lot, plot or parcel of land shall be 20 feet.

(iv)

Alternative Design. Notwithstanding the above, the Village may modify the application of this tower articulation requirement in instances where enhanced architectural articulation and detailing is provided on the Building or Parking Structure façade(s) to break the massing of the Building or Parking Structure.

(Ord. No. 566, § 2, 11-20-12; Ord. No. 573, § 2, 2-18-14; Ord. No. 574, § 4, 6-17-14; Ord. No. 2024-659, § 2, 4-9-24)

(a)

The Village Manager or designee shall review all plans and specifications submitted in connection with an application for a building permit which, based on the determination of the Village Manager or designee, will significantly affect the appearance of existing Development, as defined in Section 21-322. For purposes of this section, a significant change to the appearance of existing Development shall mean a substantial change to the existing color scheme of approved Development, the creation of one or more new openings in an existing building facade, a visible change in the materials used in existing Development, or a substantial reduction in the amount of existing landscaping. The following procedure shall apply:

(1)

Application review procedure. The application shall be evaluated by the Village Manager or designee for aesthetic consistency and compatibility with existing Development, pursuant to the criteria provided in subsection 21-322(d)(1). Within 14 days of receipt of the application by the Village Manager or designee, the Village Manager or designee shall render a decision on the application, or shall forward the application to the Architectural Review Board for consultation. The Architectural Review Board shall review the application at its next regularly scheduled meeting pursuant to the criteria provided in subsection 21-322(d)(1), and the Board's comments and recommendation, if any, shall be provided to the Village Manager or designee. The initial review of the application by the Architectural Review Board, if requested by the Village Manager or designee, is mandatory. Subsequent reviews by the Board, should they be requested, shall be at the option of the applicant. If the application was reviewed by the Architectural Review Board, the Village Manager or designee shall review the application and the comments or recommendations of the Architectural Review Board, if any, and render a final written decision within 14 days of the Architectural Review Board meeting on the application.

(2)

Notice. At least seven days prior to the Village Manager or designee rendering a final decision, posted notice regarding the application shall be provided on the property and at a conspicuous location at Village Hall. The posted notices shall provide that any interested person may contact the Village Clerk and request a written notice of the final decision on the application. The final written decision of the Village Manager or designee shall be mailed to the applicant and to any interested parties who have requested written notice of the decision, along with instructions on the process for an appeal.

(3)

Appeal. If the applicant, or any other substantially affected party, disagrees with the final decision of the Village Manager or designee, the decision may be appealed by filing a written request with the Clerk accompanied by a $500.00 appeal fee within 15 days of the date of issuance of the final decision. In the event of such appeal, the Village Council shall review the application on a regularly scheduled agenda and shall have the power to approve, reverse or modify the decision of the Village Manager or designee. At its discretion, the Council may assess any portion of the costs associated with the appeal against the losing party to the appeal, or may order the appeal fee refunded to the appellant.

(b)

The aesthetic review and approval requirement of this section shall not be required for the following activities:

(1)

Proposed work which is limited to any interior improvement, remodeling or renovation which is not visible from the ground level, or from the first three floors, of a residential property; or

(2)

Construction or improvement of Municipal Buildings.

(Ord. No. 573, § 3, 2-18-14; Ord. No. 574, § 5, 6-17-14)

The maintenance standards in subsection (1) and (2) shall only apply to any areas that are visible from the property line at the ground level, or visible to drivers and pedestrians accessing the property from any public or private drive, public sidewalk or parking area.

(1)

Site.

a.

Landscape materials, other than plantings, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced.

b.

Plant Materials which have deteriorated or died shall be replaced with healthy plantings, or the area shall be redesigned with other treatment to provide an attractive appearance.

c.

Plantings shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. Grass shall not be permitted to grow to a length over six inches.

d.

Parking areas shall be kept in good repair, properly marked and clear of litter and debris.

e.

Vacant property shall meet the above standards and be kept free of refuse and debris in accordance with the Village Code. Growth of grass or weeds over 12 inches shall not be permitted.

(2)

Buildings and appurtenances.

a.

Buildings and appurtenances, including signs, shall be cleaned, painted or repaired regularly and as required to present a neat appearance.

b.

Deteriorated worn or damaged portions shall be rebuilt or replaced.

c.

Building and sign illuminating elements shall be replaced as required to maintain the effect for which they were designed.

(3)

Roofs. Roofs shall be structurally sound, watertight and shall be designed to prevent rainwater or moisture from entering the walls, ceilings or any other portion of the building or structure. All roofs and gutters shall be kept free of faded or chipped paint, and shall be maintained in good repair and condition to prevent deterioration, and shall be cleaned (by pressure or chemical washing), repainted, or recovered with like material when ten percent or more of any exposed roof surface becomes discolored, is stained, or is scaling. In the event a roof shingle or tile is replaced, the replacement shingle or tile shall be of the closest possible color and shade to the existing roofing shingles or tiles. Rooftop parking areas shall be kept in good repair, properly marked and clear of litter and debris.

(4)

Public property.

a.

Sidewalks, curbs and gutters, roadside berms and other public improvements in the public right-of-way shall be repaired and maintained as necessary in order to present a neat appearance.

b.

Refuse containers of an aesthetically satisfactory design and color shall be placed in locations which will encourage their use.

c.

Street Hardware shall be erected and secured properly, and shall be cleaned or painted regularly to present a neat appearance. Signs shall be treated similarly.

(Ord. No. 574, § 6, 6-17-14)

No Building or land shall be used and no Building shall be erected or constructed on any lot in the P Off-Street Parking District except for the following uses: parks, playgrounds, municipal buildings, and Parking Lots owned and operated by the Village.

(Ord. No. 169, § 6-11(a), 6-29-74)

The boundary of the P Off-Street Parking District shall consist of the following lot and block numbers or tract numbers:

(1)

That part of the access right-of-way lying between the dedicated right-of-way of West Bal Harbour Boulevard and Collins Avenue.

(2)

Lots 1 and 2 in Block 1 of the Residential Section of Bal Harbour.

(Ord. No. 169, § 6-11(b), 6-29-74)