In all zoning districts as listed and designated in section 21-76, no Building or land shall be used and no Building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any other purpose than the classification and requirements as listed under each zoning district.

(Ord. No. 169, § 5-1, 6-29-74)

Every Building or Structure erected or structurally altered for multiple dwellings, Hotels or apartments shall provide off-street parking, either by garage space or a Parking Area or both, on the same Property and in compliance with all of the district regulations established by this chapter for the district in which the Building is located. If the garage area is apart from the main Building, such area shall comply with the requirements of chapter 6 and this chapter.

(Ord. No. 169, § 5-2, 6-29-74)

(a)

No Building or parts or projections of Buildings shall encroach on Setback or Yard areas, nor shall the density of population be increased in any manner, except in conformity with the regulations established under section 21-354.

(b)

On lots in the R-1, RM-4, RM-5 and PC Districts which front on either Indian Creek or Biscayne Bay, swimming pools shall be:

(1)

Set back a minimum of 20 feet from the outer face of the Seawall, or the distance between the outer face of the Seawall and the inner edge of the Seawall tieback, whichever is greater and comply with the procedures set forth in section (2) below and all other district regulations, including other Setback requirements as listed in this Code;

(2)

Constructed as follows:

a.

Approval of plans. Complete design plans, construction documents, and calculations encompassing all work necessary for construction or modification of pools including supports and modification of the Bulkhead and Bulkhead supports (collectively "Pool Construction") within 40 feet of Bulkheads ("Bulkhead Setback Areas") shall be prepared, signed and sealed by a certified professional engineer and submitted to the Village for approval prior to Pool Construction in Bulkhead Setback Areas ("Approved Plans"). Pools within Bulkhead Setback Areas shall be supported by pilings independent of bulkhead pilings, and shall not rely on the soil for lateral support of pool walls. A new bulkhead lateral support system shall be utilized which is independent of the pool and existing bulkhead support system. New bulkhead support systems may utilize batter piles outboard of the Bulkhead. Grade within five feet of the Bulkhead shall be essentially level, and commencing with the top of the Bulkhead, grade within this five-foot zone shall slope upward a maximum of one inch per foot. If Pool Construction impinges on lateral support of Bulkheads, Pool Construction shall be modified to obviate any impingement.

b.

Special Inspector. The Building Official may require that Pool Construction in Bulkhead Setback Areas be performed under the direct supervision of a special inspector who shall be a registered architect or professional engineer employed by the owner ("Special Inspector"). The Special Inspector shall submit progress and inspection reports to the Building Official. The Special Inspector shall observe all Pool Construction and shall attest, by Affidavit before completion of Pool Construction and while structural components of Pool Construction are still visible, to the following:

1.

All observations regarding Pool Construction and impact on nearby Bulkheads;

2.

Any adverse impact of Pool Construction which may affect the structural integrity and stability of Bulkheads;

3.

Potential safety hazards during hurricane conditions; and

4.

The fact that the structural integrity of the Bulkhead has not been adversely affected by Pool Construction, and that Pool Construction meets the requirements of these conditions, all other applicable Codes and Ordinances, and is in substantial compliance the Approved Plans.

c.

Release and Indemnification. The owner shall sign a "Release and Indemnification Agreement" in a form acceptable to the Village concerning damage which may occur as a result of Pool Construction or remediation in Bulkhead Areas.

d.

Remediation. Village may require that all work not performed in accordance with these conditions or Approved Plans be corrected at the property owner's expense.

(Ord. No. 169, § 5-3, 6-29-74; Ord. No. 316, § 1, 6-21-88; Ord. No. 334, § 1, 7-18-89)

(a)

Chimneys. Chimneys may project into side and rear Setbacks and Yards a distance not to exceed 24 inches, provided that a clear space of not less than 88 inches is left between such projection and the Lot Line adjacent. The horizontal dimension of the chimney at right angles to the projection shall not exceed six feet.

(b)

Outside stairs, stair landings. No outside stairs or stair landings over three feet six inches in height above the Grade of the centerline of the Street shall extend into side, rear, or front Setbacks and Yards. Stairs or stair landings not exceeding 42 inches in height may be railed, provided that such railing shall not exceed in height above Grade that specified for walls or hedges in that district, and further, that there shall be a clear, unobstructed passage of not less than 88 inches between such projection and the Lot Line adjacent. Platforms or terraces not exceeding 42 inches in height may extend across side and rear Setbacks and Yards, provided that there shall be ramps or steps at least 36 inches wide on opposite sides to provide unobstructed passage over such projections.

(c)

Areaways, steps to basements. Areaways, steps to basements and similar features will be permitted in side and rear Setbacks and Yards, provided that no part of such feature shall exceed, in height, 42 inches above Grade of the centerline of the Street, and that the projection shall not exceed 24 inches, and provided further that there shall be a clear, unobstructed passage of not less than 88 inches between such features and the Lot Line adjacent. Steps extending not more than four feet from the main Building and not more than 42 inches in height above Grade, leading to the basement or ground floor, may be constructed in the side Setback and Yard on the street side of a Corner Lot.

(d)

Fire escapes. Where permitted under the provisions of chapter 6, open-type metal fire escapes may project 48 inches into side and rear Setback and Yard areas, provided that the bottom run shall be counter-balanced and that when the bottom run is up, there shall be at least nine feet clear headroom below it. The bottom run shall be adjacent or parallel to the Building and shall be so arranged that, when down, there shall be at least 88 inches of clear, unobstructed passage between it and the Lot Line adjacent.

(e)

Architectural features. No main walls of any Building shall encroach on the Setback or Yard areas, but architectural features such as canopies, cantilever slab projections (open balconies), cornices, eaves and similar features may project into the side and rear Setbacks and Yards subject to the following:

(1)

In the Ocean Front District, balconies and other ornamental architectural features above the first story may be extended not more than four feet into the Setback or Yard areas, and there shall be not less than ten feet of clear headroom under the lowest such projection.

(2)

In all other zoning districts, architectural features may project into the front, side and rear Setbacks and Yards not more than 36 inches, and there shall be not less than seven feet of clear headroom under any such projection.

(3)

On all single family lots in the R-1 and R-2 Zoning Districts, a cantilevered slab projection may project over a driveway towards one vehicular right-of-way as shown on the recorded plat of the Residential Section of Bal Harbour, provided that:

a.

The projection extends no more than five feet into a Setback or Yard;

b.

No part of the projection is closer than 20 feet to any platted Lot Lines adjacent to any vehicular right-of-way; and

c.

Architectural features or supporting Structures such as columns or poles are not placed under the portion of the projection that extends into the setback.

(f)

Terraces. Open terraces projecting into front and side Setbacks or Yards shall not exceed, in height, three feet six inches above the Grade of the center of the Street, and the railing of such terrace shall in no case exceed the height specified for walls in that district. Where necessary to provide access through the side yards, terraces shall be provided with steps or ramps and gates not less than 36 inches in width.

(g)

Mechanical equipment. Mechanical equipment shall not be placed in required side Setbacks or Yards.

(h)

Balconies. In the R-1 and R-2 Zoning District, the flat roof of a residential Building may serve as the floor of a Balcony. Where there are multiple roofs, the highest roof may not serve as the floor of a Balcony. Such Balconies shall meet all of the following standards:

(1)

Balconies located on the front or rear façade may not extend more than three feet into the Setback or Yard.

(2)

Balconies located on a side façade may not extend beyond the face of the exterior wall of the Building from which they project.

(3)

Balconies must be accessed from the interior of the Building from which they project.

(4)

Balconies facing a lot line abutting another residential property may also be accessed from an exterior staircase, provided the staircase does not encroach in any Setback or Yard and complies with Section 21-354(b).

(Ord. No. 169, § 5-4, 6-29-74; Ord. No. 297, § 2, 10-18-86; Ord. No. 615, § 2, 12-18-18)

Cross reference— Satellite dish antenna projection into setback areas, § 6-170(d).

(a)

Unless specifically permitted in the district regulations, Accessory Buildings shall not occupy in aggregate more than 20 percent of the maximum Lot area.

(b)

No Accessory Building, including Cabanas, shall be constructed except concurrently with or subsequent to the construction of the main Building.

(c)

In addition to other applicable requirements, the following requirements shall apply to canvas structures used as Carports:

(1)

Color canvas used shall complement the color of the home which it serves. Tints and shades of home color shall be acceptable.

(2)

Carports must be screened so as not to be seen from the Street.

(3)

Carport structures shall be designed to incorporate architectural elements of the residence or other primary building on the property. Metal framing structures shall be clad with architectural materials.

(Ord. No. 169, § 5-5, 6-29-74; Ord. No. 297, § 3, 10-28-86; Ord. No. 438, § 6, 4-20-99)

In all Single Family and Multiple Family Residential Districts (R and RM Districts) a residential or apartment site may consist of one or more Lots. All of one Lot and part of another, or contiguous parts of more than one Lot, or any other combination of contiguous parts of Lots, will form an integral unit of land suitable for use as a site for a residence or an apartment, provided the unit of land extends from the Street serving it to the rear boundary or to the waterfront boundary; but no site shall have a frontage of less width than is contained in the largest adjoining lot shown on the record plat. For all purposes of this chapter and all the restrictions contained in this chapter, the unit of land so formed for use as a residential site, or for an apartment site where apartments are allowed to be built, shall be considered to be a Lot to the same extent as though it had been laid out and platted as one.

(Ord. No. 169, § 5-6, 6-29-74)

In the OF Ocean Front District (OF District), none of the Lots shall at any time be divided or reduced to a width of less than 200 feet. No Building of any kind shall be constructed or maintained on any parcel of land in the OF District which parcel does not extend from the Atlantic Ocean to the western boundary line of the lands and which parcel is less than 200 feet in width in a northerly and southerly direction.

(Ord. No. 169, § 5-7, 6-29-74)

(a)

In the Single Family Residential Districts (R Districts), Private Club District (PC District) and the Multiple Family Residential Districts (RM Districts), no wall or fence shall be erected outside of the Building Lines which is higher than five feet above the elevation of the centerline of the adjoining Street. Notwithstanding the above, in the R-2 Single Family Residential District, walls or fences which are within the Front Building Line Area and are parallel to the front property line shall be structured to the following design criteria:

(1)

A maximum of two feet of opaque wall surface above grade shall be permitted.

(2)

The balance of allowable wall/fence height up to the maximum five-foot height may be constructed of non-opaque material such as wrought iron, aluminum, decorative open weave concrete or clay products, glass block and similar materials. Supplemental landscaping acceptable to the Village Architectural Review Board (ARB) shall be provided on the street side of any such wall or fence.

(3)

Any such wall shall be decorative, with finishes on both sides and compatible with the dwelling architecture.

(4)

The Architectural Review Board (ARB) may grant exceptions to the design criteria stated herein based on creative and compatible design solutions.

(b)

In Blocks 1 and 12 in zoning districts R-1 and RM-4, and in Block 12a of RM-5, no wall or fence more than four feet in height shall be created between the Seawall and the front Setback line.

(c)

In the Ocean Front District (OF District), no boundary wall or fence shall be constructed which is more than six feet above the elevation of the center of the adjoining Street.

(d)

In the Business District (B District), no boundary wall or fence shall be constructed which is more than 20 feet above the elevation of the center of the adjoining Street along Bal Bay, Bal Cross and Park Drive and no more than six feet above the elevation of the center of the adjoining Street along Collins/Bal Harbour Boulevard, Harding and 96th Street. No other wall or fence shall be constructed which is more than six feet above the elevation of the center of any adjoining Street.

(e)

A perimeter wall, with gates where needed for pedestrian or vehicular access, may be constructed around the Gated Residential Section of Bal Harbour. The perimeter wall may be constructed as follows; starting at the western property line of Lot 3 of Block 12a running south along the eastern boundary of the park properties located east of Park Drive and ending at the west side of the intersection of Park Drive and Bal Bay Drive. The height of the perimeter wall shall not be more than 10 feet above the elevation of the center of the adjoining Street.

The perimeter wall may also be continued along the northern property line of Block 1, Lot 2 to the western property line, at a height no more than 10 feet above the elevation of the center of the adjoining Street or of the finished grade of the developed lot, whichever is greater.

This subsection (e) does not apply to the B Business-zoned properties abutting Park Drive, which are regulated by subsection (d) above.

(f)

In all zoning districts, ornamental entrances, fountains, rotisseries, flower bins and similar architectural features exceeding the wall height restriction will be permitted, provided that:

(1)

No such feature shall exceed in height the wall height restriction for that district plus three feet.

(2)

There shall be only one such feature in any front, side or rear Yard, except that there may be two entrance gates.

(3)

There shall be at least ten feet between any such feature and any part of any Building on the same Lot, measured at right angles from the feature.

(4)

Such features shall not restrict passage through front, rear or side Yards to less than 88 inches in any place.

(g)

Hedges of living vegetation in the P.C. District may be kept and maintained with the same limitations for walls in said district. In all other districts, hedges may be kept and maintained without any height limitation, provided such hedges are neatly trimmed and do not interfere with traffic or visibility on public rights-of-way.

(h)

Planting of vegetation in Easement Areas.

(1)

No trees may be planted within any utility easement as shown on the recorded plats of the various subdivisions of the Village ("Easement Areas"), unless approved by the Village Council as part of a Major Site Plan Review and the owner of the easement. Trees may be planted within access easements. Nothing in this section shall be construed to prohibit the planting of low-growth Landscaping in Easement Areas ("Easement Landscaping"). Easement Landscaping is subject to removal by the Village without notice in the event that the Easement Landscaping impedes access to Easement Areas. The Village shall not be responsible for damage to Easement Landscaping removed.

(2)

Prior to planting of low-growth Landscaping in Easement Areas, a Landscaping plan shall be provided to the Village for review to ensure compliance with subsection (f) of this section.

(3)

Prior to planting of low-growth Landscaping in Easement Areas, the Owner shall execute a Permission for Removal, Release and Indemnification Agreement, in a form acceptable to the Village, pertaining to low-growth Landscaping in Easement Areas.

(Ord. No. 169, § 5-8, 6-29-74; Ord. No. 297, § 4, 10-28-86; Ord. No. 330, § 1, 5-16-89; Ord. No. 348, § 1, 7-17-90; Ord. No. 438, § 6, 4-20-99; Ord. No. 595, § 4, 5-16-17; Ord. No. 2021-637, § 2, 4-20-21)

Properties within all zoning districts are encourage to utilize Xeriscape landscaping practices and, where feasible, native vegetation to simultaneously enhance the appearance of the property while requiring less water and energy. Xeriscape practices in the Village shall be based on the latest edition of the South Florida Water Management District Xeriscape manual in terms of both plant selection and placement.

(Ord. No. 356, § 3(5-8a), 11-13-90)

(a)

No dock, wharf or Structure of any kind shall be erected, constructed or reconstructed so as to extend more than eight feet beyond the Seawall or higher than three and one-half feet above the mean high tide, and no cover shall be permitted to be erected in connection with any dock except temporary boat awnings which may not extend over eight feet above mean high tide, except that the restrictions in this subsection do not apply in the Business (B) District.

(b)

The maximum length of all Groins seaward from the established ocean Bulkhead line shall be 300 feet. Upon completion of all Groins or other shore protection work, the contractor shall submit to the Building Inspector a certificate of compliance, by a registered engineer, that all requirements of the Village governing shore protection work have been complied with. If such requirements have not been followed, the contractor shall rectify any work found at variance with these requirements.

(Ord. No. 169, § 5-9, 6-29-74)

The first floor elevation of all Single- and Multiple-Family Dwellings west of Bal Harbour Boulevard shall be not less than 30 inches above the elevation of the center of the Street upon which the Lot faces. The garage floor shall be not less than six inches above the elevation of the center of the Street upon which Lot faces.

(Ord. No. 169, § 5-10, 6-29-74)

(a)

In all zoning districts, the electric and telephone wires from all utility easements shall be run underground only.

(b)

In order to achieve an operational utility system with full accessibility for installation, maintenance and emergency repairs, utilities for each property owner within the Residential Section of Bal Harbour, according to the Plat thereof recorded in Plat Book 44, Page 98, of the Public Records of Miami-Dade County, shall be placed within dedicated easements located under the street, whether public or private, if such connections are available as determined by the Village Public Works Department.

(c)

Water and sewer service connections shall be of a type and design approved by the Village.

(d)

Sanitary waste lines shall be directly connected to the municipal system of sewers. No septic tanks or package treatment plants shall be permitted in any zoning district. No sanitary effluent shall be discharged into the groundwater.

(e)

No rainwater or groundwater collection systems or facilities shall be connected to the municipal system of sanitary sewers

(Ord. No. 169, § 5-11, 6-29-74; Ord. No. 621, § 3, 5-21-19)

(a)

Every use not specifically authorized and permitted by this chapter in a Single Family Residential District is prohibited in such districts, and nothing in this chapter shall authorize or be construed to permit the use of any part of the premises as a business, office or establishment open to the public for the purpose of carrying on any business or the practice of rendering personal, trade or professional services open to the public or for any other purpose other than as a residence.

(b)

No open houses, garage sales, auctions, estate sales, or similar activities shall be permitted in any residential district; provided, however, that licensed real estate brokers may conduct open houses by a personal written invitation only and which are otherwise conducted in compliance with all other provisions of this Code.

(Ord. No. 169, § 5-12, 6-29-74; Ord. No. 345, § 4, 2-20-90)

Cross reference— Code enforcement, § 2-181 et seq.; R-1 Single Family Residential District, § 21-96 et seq.; R-2 Single Family Residential District, § 21-121 et seq.

(a)

Intent. Bal Harbour Village, Florida recognizes that the unregulated rental of single-family, two-family, multi-family or townhouse dwelling units by seasonal residents uniquely impacts established residential areas, and that it is therefore necessary and in the interest of the public health, safety and welfare to monitor and regulate the rental of such dwelling units.

(b)

Applicability. This section shall apply to Vacation Rental uses, as defined in section 21-1.

(c)

Vacation Rentals prohibited unless in compliance with this chapter. No person shall rent or lease all or any portion of a dwelling unit as a vacation rental as defined in section 21-1 without first (i) obtaining a business tax receipt from the Village pursuant to Chapter 9, "Business Regulations and Business Tax," of the Code, and (ii) complying with the regulations contained in this section. No person shall allow occupancy or possession of all or any portion of a dwelling unit as a vacation rental if the dwelling is in violation of any zoning, building, housing, density, life/safety and fire codes or regulations. No person shall allow occupancy or possession of all or any portion of a dwelling unit for any period of time less than six consecutive calendar months.

(d)

Vacation Rental certificate. Any property owner, who wishes to use his or her dwelling unit as a Vacation Rental, as defined in section 21-1, must first apply for and receive a Vacation Rental certificate from the Village. A new Vacation Rental certificate is required for each rental period for which the Vacation Rental is rented. No more than two Vacation Rental certificates shall be issued within a 12-month period. Failure to comply with any of the requirements of this section shall be grounds for enforcement in accordance with Article V, "Code Enforcement," of Chapter 2, "Administration," of this Code.

(e)

Application for a Vacation Rental certificate. Each property owner seeking a Vacation Rental certificate shall, no later than 15 days prior to the scheduled date of the desired rental period, submit an application in a form specified by the Village Manager or designee, along with an application fee in an amount to be determined by resolution of the Village Council. At a minimum, the application shall include all of the following:

(1)

The name, address, phone number, and email address of the owner(s) of record of the dwelling unit for which a certificate is sought; and

(2)

The address of the unit to be used as a Vacation Rental; and

(3)

The name, address, phone number, and email address of the designated Vacation Rental agent; and

(4)

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements; and

(5)

Proof of compliance with Chapters 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishments), Florida Statutes, and Rules 69A-43 (Uniform Fire Safety Standards for Transient Public Lodging Establishments) and 69A-60 (the Florida Fire Prevention Code), Florida Administrative Code, where applicable; and

(6)

A copy of the valid annual Vacation Rental inspection report as required by subsection (11); and

(7)

A detailed sketch of the Vacation Rental property's floor and site plan, including but not limited to square footage, number of bedrooms, kitchen, pool and Parking Areas; and

(8)

The number and location of designated parking spaces legally available for occupants of the Vacation Rental, excluding public parking spaces; and

(9)

An indication of whether pets will be allowed in the Vacation Rental; and

(10)

The owner's agreement to use his or her best efforts to assure that the Vacation Rental use of the dwelling unit will not disrupt the residential character of the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their residences; and

(11)

A written agreement between the owner and the occupant(s) which shall acknowledge all of the following:

a.

The name of all persons who will be occupying the unit; and

b.

The license tag numbers for all vehicles that the occupant(s) will be parking at the unit, with a total number not to exceed the number of legal parking spaces at the unit, as designated on the Vacation Rental certificate; and

c.

The occupant(s)' agreement to abide by all the requirements of this section, and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else; and

d.

The occupant(s)' acknowledgement and agreement that violation of the agreement or this section may result in immediate termination of the agreement and eviction from the Vacation Rental unit by the owner or resident agent, and potential liability for payment of fines levied by the Village.

(12)

Any other information that this section requires the owner to provide to the Village as part of application for a Vacation Rental certificate.

(f)

Annual inspections/re-inspections of Vacation Rentals.

(1)

Prior to approval of a Vacation Rental certificate, an inspection of the dwelling unit for compliance with zoning, building, housing, density, life/safety and fire codes or regulations is required to be conducted by a Village Code Inspector. If violations are found, all violations must be corrected and the dwelling unit must be re-inspected prior to issuance of any Vacation Rental certificate as provided herein.

(2)

Dwelling units used for Vacation Rentals must be properly maintained and must be re-inspected annually.

(3)

If the Code Inspector(s) has made an appointment with the property owner to complete an inspection, and no adult person was at the dwelling unit to admit the inspector at the scheduled time, the applicant shall be charged a "no show" fee in an amount to be determined by resolution of the Village Council to cover the expense incurred by the Village.

(4)

If the inspector(s) is denied admittance by the property owner, or if the inspector(s) fails in at least three attempts to complete an initial or renewal inspection of the dwelling unit because there was no adult person present to admit him or her, the inspector(s) shall provide notice of failure of inspection to the property owner by certified mail or other legal service to the address shown on the existing Vacation Rental certificate or the application for Vacation Rental certificate. Within ten days after receipt or refusal of such notice, the property owner shall arrange for the inspector(s)' access to the dwelling unit for the completion of the required inspection.

(g)

Code violations.

(1)

If an owner of a dwelling unit used for Vacation Rentals has been cited and found to be in violation of a zoning, building, housing, density, life/safety or fire code or regulation by the Code Enforcement Special Magistrate, the order of the Special Magistrate shall include payment of an administrative fee for each required inspection or re-inspection of the dwelling unit in an amount to be determined by resolution of the Village Council. The required inspection fees shall be included as part of the administrative costs assessed by the Village and shall be included in any liens filed by the Village.

(2)

Each day of renting a dwelling unit for Vacation Rental use without having a valid Vacation Rental certificate shall constitute a separate and distinct violation of this section.

(h)

Vacation Rental agent.

(1)

The property owner shall designate a Vacation Rental agent on its Vacation Rental certificate application, and provide the agent's name, address, phone number, and email address. The property owner may serve as the Vacation Rental agent. Alternatively, the owner may designate as his or her agent any natural person 18 years of age or older, who is (i) customarily present at a business location within the Village for the purposes of transacting business, or (ii) actually resides within the Village. In order to be designated a Vacation Rental agent, a person must first present the Village with written certification that he or she agrees to perform the duties specified in [subsection] (2) below.

(2)

The duties of the Vacation Rental agent are to:

a.

Be available at the listed phone number 24 hours a day, seven days a week to handle any problems arising from the Vacation Rental use; and

b.

Be able and willing to come to the Vacation Rental dwelling unit within three hours following notification from the Village of issues related to the Vacation Rental; and

c.

Receive service of any notice of violation of this section; and

d.

Monitor the Vacation Rental dwelling unit at least weekly to assure continued compliance with the requirements of this section.

(3)

Vacation Rental agent status may be suspended or revoked by the Village Manager if a Vacation Rental agent fails to perform any of the above-listed duties, after proper notice and hearing. The Village shall maintain a written record of its contacts with Vacation Rental agents, including a notation of whether the agent responded within the three hours and how the issue was resolved.

a.

Suspension. The Village Manager may suspend a person's Vacation Rental agent status for any or all Vacation Rental property in the Village for minor violations for a period of time not to exceed three months, or until certain conditions have been complied with or violations cured.

b.

Revocation. The Village Manager may revoke a person's Vacation Rental agent status for all Vacation Rental property in the Village for major or repeated violations. After revocation, the owner shall not reapply for a Vacation Rental agent status for any Vacation Rental property in the Village until the basis for the revocation has been resolved and in no event prior to six months following the date of revocation.

(4)

An owner may change his or her designation of a Vacation Rental agent temporarily or permanently; however, there shall only be one Vacation Rental agent for each Vacation Rental property at any given time. To change the designated agent, the owner shall notify the Village in writing of the name, contact information and certifications required in (h)(1) above for the new Vacation Rental agent and pay the applicable fee, if any, determined by resolution of the Village Council. Any notice of violation or legal process which has been delivered or served upon the previous Vacation Rental agent, prior to the Village's receipt of notice of change of the Vacation Rental agent, shall be deemed effective service.

(5)

It shall be the sole responsibility of the property owner to appoint a reliable Vacation Rental agent and to inform the agent of his or her correct mailing address. Failure to do so shall not be a defense to a violation of this section. No property owner shall designate as a Vacation Rental agent any person who does not expressly comply with the provisions of this section. The property owner or the Vacation Rental agent shall be deemed to be the "violator" of this section as the term is used in F.S. § 162.06. Service of notice on the Vacation Rental agent shall be deemed service of notice on the property owner, tenant and violator.

(6)

A person may serve as a Vacation Rental agent for one or more Vacation Rental property owners if:

a.

The agent provides the Village with written authorization from each owner represented; and

b.

Each authorization must state that the owner has received a copy of, has reviewed and understands this section; and

c.

Each owner must sign the authorization and acknowledge the requirements of this section.

(i)

Vacation Rental occupants.

(1)

The occupant(s) of each Vacation Rental dwelling unit shall receive a written copy of this section and the Village's pet, noise, and trash regulations.

(2)

Occupants may only park in the spaces designated on the Vacation Rental certificate sketch.

(3)

All occupants must evacuate from the Vacation Rental upon posting of any nonresident evacuation order.

(j)

Vacation Rental dwelling unit.

(1)

There shall be posted within the dwelling unit, all of the following information:

a.

The name, address, phone number, and email address of the Vacation Rental agent; and

b.

The maximum occupancy of the unit; and

c.

The maximum number of vehicles that can be parked at the unit, along with a sketch of the location of the parking spaces; and

d.

The location of the nearest hospital and police station; and

e.

A legible copy of the Vacation Rental certificate; and

f.

A legible copy of this section; and

g.

A legible copy of the agreement between the owner and the Vacation Rental occupant(s), for the duration of the rental period covered by that agreement.

(2)

Each Vacation Rental unit must contain the covered trash container(s) provided by the owner. Placement of trash container(s) for pickup shall be in compliance with Village regulations.

(k)

No limitation of remedies. Nothing in this section shall limit the Village from enforcement of its Code, state or federal law by any other legal remedy available to the Village. Nothing in this section shall be construed to limit or supplant the power of the Inspector(s), Code Enforcement Inspector or Code Enforcement Special Magistrate under the Village's ordinances, rules and regulations and the authority granted under state law, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance as defined under state law or the Village's ordinances, codes or regulations or to abate a nuisance by any other lawful means or proceedings.

(l)

Sale or transfer of dwelling unit used for Vacation Rentals. Whenever a dwelling unit used for Vacation Rentals is sold or otherwise changes ownership and the new owner desires to use the unit for Vacation Rentals, the new owner must schedule and obtain an inspection of the dwelling unit prior to application for a Vacation Rental certificate.

(m)

Appeals. A revocation of Vacation Rental agent status by the Village Manager may be appealed to the Village Council, as provided in this subsection.

(1)

Applicability. A person may file an appeal of a revocation or suspension of his or her Vacation Rental agent status.

(2)

Filing of appeal. The appeal shall be filed within 30 days of receiving notice of the revocation or suspension by certified mail, in a form specified by the Village and accompanied by an application fee in an amount to be determined by resolution of the Village Council. Failure to file an appeal within 30 days shall constitute a waiver of all rights to appeal the revocation or suspension.

(3)

Notice and scheduling of appeal hearing. The public hearing on the appeal shall be scheduled for the first available Village Council meeting following completion of the Village's review and evaluation of the application or such other time as is mutually agreed upon between the applicant and the Village Manager.

(4)

Appeal hearing. At the public hearing, the Village Council shall consider the appeal application, the relevant support materials, the Village Manager's recommendations, and public testimony given at the hearing. If, at any time during the public hearing, the Village Council determines that the appeal is based upon incomplete or inaccurate information or misstatements of fact, it may deny the appeal or refer the application back to the Village Manager for further review and revised recommendations. The Village Council shall presume the original decision of the Village Manager was correct, and shall only overturn such decision where there has been an error of fact or law. At the close of the public hearing, the Village Council, by not less than a majority of the quorum present, shall approve a resolution granting, granting with conditions, or denying the appeal.

(5)

Judicial relief. The applicant, or any aggrieved person who has opposed the appeal at the public hearing, may appeal the decision of the Village Council by filing a petition for writ of certiorari in the circuit court in and for Miami-Dade County, in accordance with the procedures provided by the Florida Rules of Civil Procedure and the Florida Rules of Appellate Procedure.

(n)

A Vacation Rental shall not be eligible for a variance for special events pursuant to section 11-30 of the Village Code; and

(o)

If applicable, the Vacation Rental shall comply with the resort tax provisions provided in Chapter 18, Article II of the Village Code.

(Ord. No. 549, § 3, 5-31-11)

(a)

For purposes of this section, the term "portable storage unit" shall be as defined in Section 21-1.

(b)

For purposes of this section, the Gated Residential Section of Bal Harbour shall be defined as including the following area:

(1)

Lots 1 through 3, Block 12A, Resubdivision of Residential Section of Bal Harbour, Plat Book 53, page 15.

(2)

All of Blocks 1, 2, 3, 4, 5 and 6, Residential Section of Bal Harbour, Plat Book 44, page 98.

(3)

All of Blocks 9, 10, 11 and 12, Residential Section of Bal Harbour, Plat Book 44, page 98.

(4)

Tract E, Residential Section of Bal Harbour, Plat Book 44, page 98.

Provided, however, that the area defined as the Gated Residential Section of Bal Harbour for purposes of this section shall exclude Lots 1 and 2 of Block 1 and Lot 3 of Block 12A.

(c)

The placement and use of portable storage units shall be prohibited within the Gated Residential Section of Bal Harbour, as defined in subsection (b) of this section.

(Ord. No. 564, § 3, 10-16-12)

(a)

Properties with Principal Residential Uses. For properties with principal residential uses in every zoning district, the elevation of the lowest finished floor of the lowest level of structured parking shall be no lower than Grade.

(b)

Properties with Principal Nonresidential Uses and Properties with Hotels. For properties with principal noncommercial uses in every zoning district, and properties with hotels in every zoning district, the elevation of the lowest finished floor of the lowest level of structured parking shall be no lower than one foot above the water table. The Building Official shall determine whether this standard is met based on the best available documentation.

(Ord. No. 2023-0651, § 2, 9-19-23)

For multiple-family rental dwellings for permanent occupancy that are restricted by covenant to be affordable as defined in § 420.0004, Florida Statutes, for a period of at least 30 years, in any multiple-family residence in the RM-5 Multiple Family Residential District and in the Oceanfront OF zoning district of this Code, the following incentives are available:

(1)

the minimum floor area requirements for all such multiple-family dwellings may be reduced by 10%, and

(2)

the total number of parking spaces necessary to satisfy the minimum parking requirements for such multiple-family dwellings may be reduced by 10%, and

(3)

Accessory Quarters for such multiple-family dwellings may occupy up to 30% of the maximum Lot area.

As a prerequisite to the issuance of a building permit for any rental dwelling using any one or more of the above incentives, 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, at the Owner's expense.

(Ord. No. 2024-664, § 2, 10-29-24)