(a)

No building or structure shall have a greater number of stories, nor height greater than what is permitted in the district in which the building is located. These limitations do not apply to chimneys, cooling towers, elevators, steeples, water towers, fire towers, spires, belfries, cupolas or other appurtenances usually located above the roof level and not intended for human occupancy, provided such structures do not exceed the height limits by greater than 20 percent.

(b)

These limitations do not apply to telecommunications, radio or television towers, cellular phone towers which may be erected in accordance with applicable ordinances of the town. No sign, nameplate, display, or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height limitations.

(c)

The town council may grant a waiver to these limitations where the applicant can demonstrate to the satisfaction of the town council that the proposed structure will not unreasonably restrict the free flow of light, sunlight, and air to neighboring properties nor otherwise be detrimental to the public health, safety and welfare.

(Ord. No. 12-03, § 2(3-150), 6-20-2012)

Exterior lighting intensities shall be controlled to ensure that light spillage and glare are not directed onto adjacent properties or streets and all direct illumination is kept within property boundaries. Exterior lighting shall be controlled to not adversely affect adjacent properties, neighboring areas, and motorists.

(1)

Fixtures. Exterior lighting shall be architecturally integrated with the character of the building. Full cut-off type lighting fixtures shall be used to illuminate all site areas, including pedestrian, parking, and circulation.

(2)

Type and shielding standards. Exterior lighting shall be fully-shielded to prevent glare. Any bright light shining onto adjacent property or streets which results in nuisance glare or disabling glare shall not be permitted. Light trespass beyond property boundaries or above the horizontal plane beyond the levels noted above shall be considered noncompliant. The shield or hood must mask the direct horizontal surface of the light source. The light must be aimed to ensure the illumination is only pointing downward onto the ground surface, without any upward escaping light permitted to contribute to sky glow.

(3)

Height. Exterior lighting not attached to structures shall be designed, located and mounted at heights no greater than 25 feet above grade.

(4)

Illumination levels:

a.

Nonresidential. Maximum illumination at the property line shall not exceed 0.3 footcandles and 0.01 footcandles ten feet beyond the property line. The intensity of illumination for exterior lighting across the site shall not exceed an average of six footcandles measured at grade. Fixtures shall be placed to provide uniform distribution of light and to avoid excessive glare. Lighting fixtures in scale with pedestrian activities shall provide for uniform distribution of lighting to produce minimal shadows.

b.

Multi-family residential.

1.

Open parking lots and access thereto shall be provided with a maintained minimum of 1.0 footcandle on the parking surface from dusk until dawn. The uniformity ratio shall not exceed a 12:1 ratio maximum to minimum footcandles. Alleys shall be provided with a maintained minimum of one-third footcandle on the alley surface from dusk to dawn.

2.

Parking and nonenclosed areas under, or within buildings shall be provided with a maintained minimum of 1.0 footcandle of light on the walking and parking surfaces from dusk until dawn, and the ratio of maximum to minimum illumination in footcandles shall not exceed 12:1.

(5)

Flood or spot lamps. Flood or spot lamps shall be aimed no higher than 45 degrees from nadir when the source is visible from any off-site residential property or public roadway. Depending upon the fixture selected, these flood or spot lamps shall be required to include a glare shield to prevent glare. Any lamp installed on a residential property must be fully shielded such that the lamp itself is not directly visible from any other residential property.

(6)

Security lighting. Exterior lighting for nonresidential areas shall be reduced to a maximum of one footcandle from dusk until dawn. This level may be reduced to one half footcandle on non-business days.

(7)

Landscape and accent lighting. Uplighting may be utilized for landscape lighting so long as direct light emissions shall not be visible above the roofline or beyond the building edge. Accent lighting shall be directed downward onto the building or object and not toward the sky or onto adjacent properties.

(8)

Parking lots, pedestrian areas, and street lights. Due to their high energy efficiency, long life and spectral characteristics, Pulse-Start Metal Hallide or LED lamp sources shall be the illumination sources for outdoor lighting throughout the town.

(9)

Prohibitions. The use of laser source light or any similar high intensity light for point of sale or entertainment and the operation of searchlights for advertising purposes are prohibited.

(10)

Exemptions. Outdoor lighting fixtures on, in or in connection with the following facilities and land use types are exempt from the standards of this section, but voluntary compliance with the intent and provisions is encouraged:

a.

Land owned or operated by the government of the United States of America or the state, the county or the town.

b.

Lights used by police, firefighting, or medical personnel.

c.

Residential and commercial seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted from Thanksgiving thru January 15.

d.

Flag poles.

e.

Underwater lighting used for the illumination of swimming pools, fountains and other water features.

f.

Lighting of radio, communication and navigation towers, provided that the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section.

g.

Publically owned sports field lighting.

(Ord. No. 12-03, § 2(3-151), 6-20-2012; Ord. No. 16-03, § 2(3-151), 4-20-2016)

Boats of less than 31 feet in length, nine and a half feet in width and 13 feet and six inches in height may be stored or temporarily parked in the SR and ER zoning districts only, subject to the following conditions:

(1)

The place of storage shall be to the rear of the front building line. Where the boat storage area is located between the residence and a side street property line, the boat shall be visually buffered by a six-foot wood privacy fence, masonry wall, trees or shrubs maintained to a height of six feet. The front building line referred to shall be that portion further from the street. In the event a second boat is permitted to be stored or parked on any one premises, all sides of both the first and the second boats shall be visually buffered from the front and rear of the property as well as the neighboring property by a six-foot wood privacy fence, masonry wall, trees, or shrubs maintained to a height of six feet.

(2)

No more than two boats may be stored or parked on any one premises. A permit shall be required to be filed with the community development director prior to the storage or parking of a second boat within the town. The director shall take into consideration lot size and configuration as well as accessory uses, buildings, or other structures located on the property when determining whether to issue a permit for a second boat. The second boat shall be no larger than 17 feet in length, not more than eight and a half feet in width, and six feet in height. The resident shall submit the boat's title or registration with the permit application and shall verify that he owns both boats and has erected the visual buffering as required in subsection (1) of this section.

(3)

Boats and place of storage or temporary parking shall be kept in a clean, neat and presentable condition.

(4)

No major repairs or overhaul work shall be made or performed on the premises.

(5)

The boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer.

(6)

The temporary parking of a boat in front of the front building line or in front of the side street building line for no more than two hours in any 24-hour period, while the boat is hitched to an operable motor vehicle with a valid permanent license tag, for the purposes of loading and unloading equipment and supplies, shall be permitted, but under no circumstances shall a boat be parked in the public right-of-way, including the swale area of a right-of-way.

(7)

For purposes of this section, the height of a boat shall be measured from the ground to the highest point of the boat, including all extruding equipment.

(8)

For purposes of the section the following shall be exempt from the term "boat":

a.

Non-motor-powered vessels;

b.

Non-motor-powered vessels used exclusively on private lakes and ponds;

c.

Vessels owned by the United States Government; and

d.

Vessels used exclusively as a ship's lifeboat.

(9)

Upon the application of a resident, any requirement in this subsection may be waived by a majority vote of the town council. The application shall include a survey or site plan showing the dimensions of the property and proposed location of the boat, the type and location of the visual buffering from the front and rear of the property as well as the neighboring property, and evidence of title and registration or, in the event the boat has not been acquired, a description of the boat to be stored, including dimensions.

(10)

The town council may grant such a waiver upon a showing by the applicant that the waiver maintains the basic intent and purpose of the zoning and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. In the event that a waiver is granted, such waiver shall not run with the land and shall not be transferrable to any other boat.

(Ord. No. 12-03, § 2(3-152), 6-20-2012)

(a)

The following are hereby defined as commercial vehicles for the purpose of this section:

(1)

Category 1. A vehicle that is a taxicab, a limousine under 20 feet in length or any passenger vehicle truck or van with a maximum height of eight feet from the ground marked with a sign, letters, identification numbers or emblem advertising or associating it in any way with a commercial enterprise other than those which identify the vehicle maker or dealer. A sport utility vehicle marked with a sign, letters, identification numbers or emblem advertising or associating it in any way with a commercial enterprise, other than those which identify the vehicle maker or dealer, shall be considered as a Category 1 vehicle. A regular size commercial vehicle with racks and ladders not exceeding 15 feet associated with a commercial enterprise shall be considered as a Category 1 vehicle. For purposes of this section, a passenger vehicle bearing an emblem or lettering of a governmental entity shall also be considered as a Category 1 vehicle.

(2)

Category 2. A vehicle eight feet or less in height that displays externally stored or mounted equipment either in a fixed or temporary manner which is of a visible commercial activity, including, but not limited to, food vending equipment, paint cans, lawn care equipment or fixtures and brackets necessary to carry such items. Trailers or utility trailers less than 20 feet in length which are enclosed or of an unenclosed design shall also be included as Category 2 vehicles.

(3)

Category 3. A vehicle, other than recreational vehicle as defined in the definition herein, exceeding 20 feet in length or more than eight feet in height from the ground, including, but not limited to, tow trucks, dump trucks, construction or earth moving vehicles or equipment and semi-tractors and trailers.

(b)

Noncommercial passenger trucks with mounted toolbox in the rear of the truck and without sign, letters, identification numbers or emblem advertising or associating it in any way with a commercial enterprise, and used primarily for personal use shall not be considered as a commercial vehicle.

(c)

Storage or parking of certain commercial vehicles is allowed on private property in residential zones as follows:

(1)

In residentially zoned districts, only two Category 1 vehicles may be parked at a residence.

(2)

In residentially zoned districts, only one Category 2 vehicle may be stored or parked provided that it is kept within an enclosed garage or behind the front building line within a completely enclosed, opaque fence, screening wall or landscaping six feet in height at least ten feet from the rear property line when such storage is feasible, as determined by the director. If a Category 2 vehicle is so stored or parked, then only one Category 1 vehicle may also be stored or parked at such residence.

(3)

For residential properties of four or more units, the parking allowances provided for herein shall be applied as to each unit.

(4)

Storage or parking of Category 3 vehicles are prohibited in all residentially zoned districts.

(5)

The temporary parking of a Category 2 or 3 vehicle in front of the building line or in front of the buffer screen shall only be permitted for the purpose of loading or unloading of materials or persons or engaged in providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. However, a temporary or convenience stop shall be limited to no more than one hour in any 24-hour period.

(6)

Parking of certain commercial vehicles on the right-of-way is prohibited in residential zones as follows: In areas zoned residential districts, it shall be unlawful for Category 2 or 3 vehicles, as herein defined, to be otherwise parked on the public right-of-way, unless actively engaged in the loading or unloading of materials or persons or engaged in providing a commercial service. Examples of providing commercial services include, but are not limited to, removal of disabled vehicles from private or public property, presence at a construction site, delivery of goods, repair of household appliances and cleaning of household furniture.

(d)

Violations of these provisions are punishable as follows:

(1)

Any violation of this section is punishable by a civil fine of $250.00. Upon a repeat violation of subsection (c) of this section, in addition to civil penalties, such vehicle may be towed or immobilized until all outstanding violations and enforcement costs have been paid.

(2)

After 35 days of storage or immobilization, such vehicle may be disposed of pursuant to the provisions contained in F.S. § 713.585. Any enforcement officer is hereby authorized to secure the assistance of the town to effect enforcement of these provisions.

(3)

Whoever opposes, obstructs or resists an enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(Ord. No. 12-03, § 2(3-153), 6-20-2012)

The sale and marketing of merchandise or goods within the right-of-way is prohibited except for fruits and/or plants grown on the owner's private residential property when the right-of-way is contiguous with the owner's property.

(Ord. No. 12-03, § 2(3-154), 6-20-2012; Ord. No. 16-03, § 2(3-154), 4-20-2016)

(a)

Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair.

(b)

All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint and other approved protective coating, applied in a workmanlike fashion.

(c)

A structure shall have no more than 20 percent of its exterior roofs, walls and other elements of the structure covered with disfigured, discolored, cracked, or peeling surface materials for a period of more than 30 consecutive days.

(d)

A structure shall not be maintained with broken windows, holes in exterior surfaces, including screens, roofs and walls, ripped awnings, loose materials, loose elements or other obvious exterior defects for a period of more than 30 consecutive days.

(e)

Exterior materials shall form a weathertight surface with no holes, excessive cracks or decayed surfaces that permit air to penetrate rooms where such rooms are designed, used, permitted or intended for human occupancy or use.

(f)

The roof of every accessory structure shall be well drained of rainwater.

(g)

An accessory structure, such as a shed, shall not have weeds, trees, vines, or other vegetation growing upon it greater than 12 inches in height in an untended manner for a period of more than ten consecutive days.

(h)

All site lighting, parking areas, fences, railings, driveways, curbs, wheel stops, sidewalks, gutters, stormwater management areas and systems and other improvements and appurtenances shall be maintained in working order and reasonably free of defects.

(i)

The owner or tenant shall maintain all required landscape areas, trees and shrubs in a neat and healthy condition free of diseased, dead, or bare areas and free of debris and weeds.

(j)

The owner or tenant shall maintain all landscaped areas in a manner consistent with the requirements of this code. Dead landscape shall be replaced as necessary to maintain compliance with the regulations contained herein.

(k)

The property owner shall maintain the property and the exterior portions of any structures thereupon free of accumulations of debris, junk, garbage, or trash.

(l)

Every accessory structure shall be kept in reasonably clean and sanitary condition, free from rodents, insects and vermin.

(m)

Hurricane shutters may remain up only during periods of weather emergencies issued by the National Weather Service for the area. During these weather emergency events shutters may be erected but shall not remain up for more than four weeks after the proclaimed event has passed, and the home is secure from damage.

(n)

Shutters may remain up in cases when the house becomes uninhabitable or heavily damaged, as determined by the director.

(o)

All stormwater drainage systems within private property must comply with section 3-165 of the Town Code.

(Ord. No. 12-03, § 2(3-155), 6-20-2012; Ord. No. 16-03, § 2(3-155), 4-20-2016; Ord. No. 19-03, § 6, 3-20-2019)

The following uses require a temporary use permit issued per the requirements of article III of this chapter and the standards established below:

(1)

Uses authorized.

a.

Construction office trailers, construction equipment and/or materials storage, processing and fabrication for a development project with site plan approval.

b.

Temporary sales offices and model homes established for the express purpose of marketing a real estate development project with the site plan approval. The offices and model homes shall be located on and limited to the property which is being marketed for sale. Attended modular trailers for the purpose of collecting, storing or distributing goods on private property. Unattended facilities are prohibited in any zoning district.

c.

Modular trailers or portables for the purpose of temporary facilities for private educational purposes for student classrooms and administrative space, for a development project with final site plan approval. The temporary facilities shall be located on and limited to the property which is the subject of the final site plan approval. The maximum time limit for use of the temporary facilities shall be 18 months from the date of final site plan approval. A removal bond in the amount of $5,000.00 for each structure, in a form approved by the town attorney, shall be required from the applicant prior to issuance of a permit for the temporary facilities. Temporary storage units which are a transportable unit designed and used primarily for temporary storage of building materials, household goods, and other such materials for use on a limited basis on a property. Such units shall not be considered an accessory structure. Freight cargo containers which are reusable enclosed or semi-enclosed vessels, cargo containers or truck trailers shall not be considered an accessory structure.

d.

The following requirements shall apply to the placement of temporary storage units and freight cargo containers in residential zones:

1.

A temporary storage unit or freight cargo container shall be located on a residential lot for a maximum of 14 consecutive days, including the days of delivery and removal. An extension may be granted to the user by the town manager, or designee, subject to conditions, for a reasonable additional time period in an amount not to exceed 28 days. In no case shall the storage unit or container be located on a residential property for more than four months in a calendar year.

2.

The user, as well as the supplier, shall be independently responsible for ensuring that the temporary storage unit or freight cargo container is maintained in good condition, free from deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, holes or breaks at all times.

3.

No storage of solid waste, construction debris, demolition debris or any illegal or hazardous material is permitted at any time. Upon reasonable notice to the user, the town may inspect the contents of any temporary storage unit or freight cargo container at any reasonable time to ensure that it is not being used to store materials that are not permitted.

4.

No temporary storage unit or freight cargo container may be used to house humans or animals of any kind.

5.

The date that the temporary storage unit or freight cargo container was dropped off must be clearly posted, in a weather resistant manner, on the temporary storage unit or freight cargo container.

6.

The town community development director may waive these guidelines that pertain to the duration that the temporary storage unit or freight cargo container may be kept on a property if the director determines that the entity seeking the waiver by necessity needs an extension due to an acute, non-self-imposed hardship.

(2)

Maximum time limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and structures related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project and shall be removed within 30 calendar days of the final certificate of occupancy.

(3)

General criteria and limitations. The temporary use shall be compatible with the surrounding land uses. A parking problem shall not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. An applicant may not receive a temporary use permit on the same property more than three times within a calendar year, unless approved by the town council. The temporary use must not endanger the public health or safety of the citizens or businesses of the town.

(Ord. No. 12-03, § 2(3-156), 6-20-2012)

(a)

Temporary outdoor sale of trees and fireworks associated with holidays in December, New Years Day, Independence Day, and pumpkins associated with Halloween, are permitted in nonresidential zoning districts. The siting and sale of fireworks and pumpkins is allowed for a maximum of 30 calendar days and trees associated with holidays in December for a maximum of 45 calendar days. The permit shall not be issued or be effective for more than 45 days prior to the actual holiday. The permit shall expire and the use shall be removed by the third day following the holiday. Trucks, trailers and flat beds are not permitted on the site except for short-term delivery of the products. A single recreational vehicle is permitted on-site for the duration of the use to monitor site activities and secure the property. In addition to the director, the permit application shall be reviewed by the building department and all applicable county departments to determine if any additional permits or conditions of the permit shall be required.

(b)

The applicant shall provide written authorization from the property owner along with evidence of adequate on-site parking which safely manages the parking needs of the temporary use in association with existing site activities. Any and all activity shall operate only between the hours of 10:00 a.m. and 10:00 p.m. and shall be of a non-permanent nature.

(c)

The use is allowed one 24 square foot non-illuminated temporary sign. No application will be considered for a property or applicant that is the subject of a pending code enforcement action or lien.

(Ord. No. 12-03, § 2(3-157), 6-20-2012)

Rear yard storage sheds are permitted as accessory structures in residential zoning districts. No more than two sheds shall be permitted per property. The maximum square footage may not exceed 15 percent of the total square footage of the rear yard and not including the side yards. Notwithstanding any other provision in this Code, storage sheds shall be set back a minimum of seven feet from the rear and side property lines. Sheds are not permitted in nonresidential developments and may not be used as a dwelling unit as defined by the state building code. The rear yard storage shed shall be used solely for the purpose of storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal tangible property, and other similar objects. Prior to the issuance of any permit regarding a rear yard shed, including electrical and plumbing, the property owner shall execute a restrictive covenant in favor of the town in a form to be approved by the town attorney declaring that the storage shed shall never be used as a habitable structure or dwelling unit and shall record the restrictive covenant in the official records of Miami-Dade County.

(Ord. No. 12-03, § 2(3-158), 6-20-2012; Ord. No. 18-03, § 5, 9-26-2018; Ord. No. 19-02, § 2, 3-20-2019)

No principal building or structure shall be located within any required setback or yard, within any setback or yard established by a recorded plat or recorded easement, nor in any required buffer or area used for screening.

(1)

Notwithstanding other provisions of this section, architectural features, such as, but not limited to, cornices, eaves, bays, awnings, steps, chimneys, fireplaces, gutters, porches, etc., may project up to three feet into an established or required yard, provided that where the yard is less than five feet in width such projection shall not exceed one-half the width of the yard. Stairways and balconies which are unroofed and unenclosed and balconies in side yards of multiple-family dwellings, hotels and motels, may project up to four feet, provided they do not extend more than one-half the width of the yard.

(2)

Aboveground backflow preventers are expressly prohibited in the established front yards of buildings where underground backflow preventers or a location outside of the established front yard is technically feasible. Where there is no reasonable alternative, the structure shall be covered in a non-reflective material and surrounded on all sides visible from public streets and abutting properties, by an opaque landscaped screen.

(3)

Fences, walls and hedges are permitted in required yards, subject to the provisions of this article.

(4)

Boat lifts, davits, walks, and yard lights are permitted within the setback; provided, however, that no structure shall be allowed in a recorded easement without first having obtained the approval of the easement holder.

(5)

Equipment for swimming pools, solar installations, air conditioning units and garbage receptacles with walls not exceeding four feet in height above base flood elevation are permitted to encroach four feet in side yards. Equipment for swimming pools, solar installations and air conditioning units are permitted to encroach four feet in rear yards.

(6)

Noncommercial pigeon lofts, for not more than 20 carrier or racing pigeons kept for the purpose of engaging in the hobby of racing pigeons for sport, may be located in the rear of a property provided:

a.

Such structure:

1.

Meets all requirements of the state building code;

2.

Meets all principal structure setback requirements;

3.

Does not exceed a height of six feet;

4.

Is self supporting and not located on the top of the principal structure, a shed, or other accessory building or structure;

5.

Is kept clean, odor free and free of debris;

b.

Birds shall not be exercised later than two hours after sunrise and more than two hours before sunset.

(Ord. No. 12-03, § 2(3-159), 6-20-2012; Ord. No. 16-03, § 2(3-159), 4-20-2016)

No swimming pool or spa shall be permitted within the required front yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier. Aboveground pools and spas which exceed 48 inches in height must meet all structural setback requirements.

(1)

Safety barrier. No swimming pool final inspection and approval shall be given by the town, unless there has been erected a safety barrier. The safety barrier shall take the form of a screened-in patio, a wooden fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. The barrier shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Gates shall be of the spring lock type, so that they shall automatically return to a closed position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(2)

Permits. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier; if the premises are already enclosed, as hereinbefore provided, a permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier is proven to be satisfactory.

(3)

Construction specifications of walls and fences. For a wooden type fence, the boards, pickets, louvers, or other such members shall be spaced, constructed and erected, so as to make the fence non-climbable and impenetrable. Walls, whether of the rock or block type, shall be so erected to make them non-climbable.

(4)

Authority to disapprove barriers. It shall be within the discretion of the building inspector to refuse approval of any barrier which, in his opinion, does not meet the safety requirements of this regulation, i.e., that it is high enough and so constructed to keep the children of pre-school age from getting over or through it.

(5)

Maintenance of safety barrier; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing the swimming pool to maintain and keep in proper and safe condition at all times the safety barrier required and erected in accordance with this section.

(6)

Maintenance of pool; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community. In the event any person owning or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimming pool to become a health hazard to the community, the town may direct a letter by certified mail to the owner or occupant of such premises, advising such owner or occupant that the town will have such safety barrier put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten days from receipt of such letter. The town shall be authorized to place a lien on the property not in compliance with this section in order to recover the costs associated with enforcement of this section.

(7)

Temporary fence to enclose swimming pools while under construction. No person shall construct or cause to be constructed any swimming pools unless such swimming pool is completely enclosed by a fence with a minimum height of not less than four feet. Such fence may be of a temporary nature but must be erected either around the swimming pool or around the premises on which the swimming pool is under construction; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. However, the swimming pool need not be completely enclosed during those periods when an adult person is present on the site and actual construction is in process. This section shall only affect those pools under construction within 140 feet of any residence upon which a certificate of occupancy has been issued. The 140 feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight line measure.

(Ord. No. 12-03, § 2(3-160), 6-20-2012)

The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half feet or more above pavement; potential obstructions include, but are not limited to, structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, signs, walls and fences. The following table represents minimum criteria for determining the required area of cross-visibility:

* ;sz=9; Visibility distances measured from centerline of minor street, along right-of-way line of through street.

** Depth visibility on minor street measured from right-of-way line of through street, along centerline of minor street (public or private street).

Table interpretations and waivers of the above requirements shall be made in writing by the director of the public works department.

(Ord. No. 12-03, § 2(3-161), 6-20-2012)

(a)

Yard sales are general sales open to the public conducted on residential premises in any district for the purpose of disposing of personal property, including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, estate, and/or patio sale; but which in no way shall be construed to include flea markets which are specifically excluded herefrom.

A no charge, two day permit shall be obtained from the community development department. The maximum number of permits which may be issued per site, per year is four. In addition, the town council may establish, by resolution, two days per year in which yard sales may be allowed community-wide. No permit will be required on the days established for community-wide yard sales.

(b)

Only personal property for the purposes of this article is that which is owned, utilized, maintained, and acquired during the course of living in and maintaining a residence by an individual or members of the household, and shall specifically exclude merchandise which was purchased for resale or obtained on consignment.

(c)

Yard sales to be located at multifamily residential buildings shall be accompanied by the written permission of the property owner, manager, and association.

(d)

It shall be unlawful for any person to conduct a yard or garage sale other than between the hours of 7:00 a.m. and 7:00 p.m. A yard or garage sale shall consist of a maximum of two consecutive days and shall only take place on a Friday, Saturday, Sunday or a national holiday.

(e)

Merchandise to be sold at a yard or garage sale shall be displayed in a garage, carport, private driveway or yard. Merchandise shall not be displayed within the public right-of-way or swale area. All items shall be removed by the end of the last day of the sale. In the event that a yard or garage sale consists of two days, all items kept overnight between the first and second day shall be covered in a waterproof material.

(f)

Signs advertising yard sales shall be displayed only during the times of the sale and be permitted as follows:

(1)

One sign may be located on the residential property on which the sale is occurring;

(2)

Up to three signs advertising a yard sale are permitted to be placed on private property, with the consent of the property owner, off-site from the location of the garage sale; and

(3)

Signs shall not be larger than 22 inches by 28 inches.

Yard sale signs shall not be permitted within the public right-of-way or swale. Signs advertising such sales must be removed within 12 hours after the completion of the sale.

(Ord. No. 12-03, § 2(3-162), 6-20-2012)

A single-family structure may be constructed on any nonconforming lot in any single-family residential district if the nonconformity is that it does not meet the minimum lot size in the residential district in which it is located, and provided the following conditions exist or are met:

(1)

No structure shall be constructed on a nonconforming lot unless it has a minimum side yard of ten percent of front yard lot width, seven and one-half feet minimum, or a minimum side yard of 15 feet where adjacent to any street.

(2)

No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the residential district in which the lot is located.

(3)

On lots which abut more than one street, building and lot shall generally front upon the more pedestrian-oriented street, given the arrangement of existing and proposed streets and drives, and the orientation of buildings on adjoining lots. Where multiple buildings are permitted on a single platted lot, each building shall generally front upon a pedestrian-oriented street, either external or internal to the development; side and rear yard designations shall be determined on the basis of building orientation. On irregularly shaped lots, the location of required front, side, and rear yards will be determined by the director. The determination will be based on the project's ability to achieve an appropriate spacing of buildings and orientation to the street(s).

(Ord. No. 12-03, § 2(3-163), 6-20-2012)

(a)

Impervious area coverage provides a control of the intensity of development of land, by controlling the amount of the land which may be covered by any type of impervious area. The impervious surface ratio is calculated by dividing the total impervious area by the gross site area.

(b)

In the event a property has been granted a permit which utilized the previously authorized allowances for alternative materials or pavers, such credits shall be permitted to continue as long as said alternative materials or pavers remain located on the property.

(Ord. No. 12-03, § 2(3-164), 6-20-2012; Ord. No. 20-05, § 2, 6-17-2020)

In addition to meeting the requirements of this article, the design and performance of all stormwater management systems shall comply with applicable town, county, state and federal regulations.

(Ord. No. 12-03, § 2(3-165), 6-20-2012)

It is a requirement that all new utility distribution and service lines in the community be placed underground.

(1)

Feeder, distribution and service line crossings. All new feeder utility distribution line and service line crossings of public rights-of-way and property shall be placed underground. No new public utility distribution or service line shall cross any public right-of-way within the town without first obtaining a written permit from the town manager, or his designee, in compliance with the provisions of the town.

(2)

Distribution systems. All distribution systems, whether wire, pipeline, coaxial, fiber-optic cable or other, shall be underground unless unfeasibility of such installation has been documented and the documentation accepted as satisfactory by the director. In making this decision on the adequacy of the documentation and appropriateness of the request, the director shall consider the following factors:

a.

Terrain.

b.

Impacts on other customers.

c.

Load characteristics.

d.

Reliability.

e.

Accessibility.

f.

System flexibility.

g.

Equipment availability.

h.

Safety.

i.

Timing.

j.

Excessive conflicts with other utilities.

(3)

On-site service. Within any new development, all utilities installed to serve the project shall be placed underground, without expense to the town, from the point they enter the site.

(Ord. No. 12-03, § 2(3-166), 6-20-2012)

The following basic utilities are required for all developments subject to the criteria set forth in this section:

(1)

Electricity. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(2)

Water and sewer. Every principal use and every lot within a subdivision shall have central potable water and wastewater hookups whenever required by the comprehensive plan.

(3)

Telephone. Every principal use and every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(4)

Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments of three lots or more shall provide illumination, except that the town council may waive the requirements for streetlights if the benefits derived are not consistent with the costs thereof.

(5)

Fire hydrants. All developments served by a central water system shall include a system of fire hydrants.

(6)

Cable TV. Every principal use and every lot within a subdivision shall have available to it a television cable service adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(7)

Utility easements. When a developer installs or causes the installation of water, sewer, storm drainage, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

(Ord. No. 12-03, § 2(3-167), 6-20-2012)

All walls, fences and hedges placed within required yard areas shall conform to the following regulations, except where special requirements are set forth for specific buffering or screening purpose elsewhere in this article:

(1)

In residential districts, the maximum height for walls, fences and hedges shall not exceed four feet in height, measured from the final grade in front yards and six feet in height in side and rear yards.

(2)

Walls and fences shall be erected with the finished side outward.

(3)

Chainlink fences in residential zoning districts shall not be located beyond the front facade of the building and shall be permitted only along interior side property lines and rear property lines that are not adjacent to a right-of-way. Any chain link fence that is visible from off-site shall be concealed by landscaping.

(4)

In nonresidential districts, walls or fences shall be constructed of brick, stucco, wrought iron, cast iron, stone or similar combination, and shall be a minimum of five feet and not exceed a maximum height of eight feet.

(5)

The use of barbed wire or similar is prohibited in all applications.

(6)

All walls, fences and hedges may be placed on the property lines, but may not extend into the right-of-way or beyond property lines. No wall, fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site. Any encroachment of a wall, fence or hedge into a utility easement shall be supported by a letter from the respective utility authorizing such encroachment, prior to obtaining the building permit.

(7)

Exterior finish of walls and fences. All walls and fences shall be maintained in good clean and finished condition. A continuous wall or fence that is owned by multiple property owners or held in common ownership shall be of uniform construction and materials and its exterior shall also be maintained in good, clean and finished condition for the entire length of said wall or fence. Each side of a CBS wall shall be completely finished with stucco and paint. Each side of a decorative masonry wall shall be completely painted in a neutral earth tone color, uniform with the entire length of said wall; however, walls comprised of decorative brick and natural stone may be left unpainted provided the cement and grout are finished on both sides.

(8)

If a wall is to be placed on a shared property line, consent for construction must be obtained from the adjoining property owner(s).

(9)

Chain link fences shall not have the application of cloth, fabric, canvas, silt screens, mesh, plastic cross mats or other such material unless permitted as a temporary construction fence by the building department.

(10)

A temporary construction fence is not permitted on a property without an active building permit.

(Ord. No. 12-03, § 2(3-168), 6-20-2012; Ord. No. 16-05, § 2, 6-15-2016)

(a)

Application. Any property owner who desires to have a special event shall apply for a permit with the department on a form provided by the town and pay any applicable fees. The director shall transmit the application to the police department, building official, and public works director for review and approval. The director or the town council, as applicable, may approve, approve with conditions, or deny the application. Town council approval of a special event permit application will be required if the applicant seeks to conduct an additional special event and:

(1)

The applicant has applied for and received three special event permits within a calendar year; and/or

(2)

The applicant has applied for and received four special event permits within a calendar year to host special events benefitting not-for-profit organizations designated as charitable organizations under Section 501(c)(3) of the Internal Revenue Service Code.

In no case shall more than seven special events be conducted at a property within a calendar year without town council approval.

(b)

Permit conditions. The director may impose conditions on an event permit as is necessary to protect the public health, safety, and welfare and minimize impact to adjacent uses. Conditions that may be imposed include, but are not limited to:

(1)

Yard, setback, open space, and visibility triangle limitations;

(2)

Temporary fences, walls, or other screening;

(3)

Signage;

(4)

Vehicular and pedestrian ingress and egress;

(5)

Property maintenance during and after the course of the activity;

(6)

Control of illumination, noise, odor, vibration, or other nuisances;

(7)

Hours of operation; and

(8)

Exterior lighting.

(c)

Permit criteria. The following criteria shall be used by the director or the town council to review an application for a special event permit:

(1)

Whether the event is compatible with surrounding land uses;

(2)

Whether the event will be hosted on the applicant's property, or if not, whether permission from the property owner is provided in writing;

(3)

Whether the applicant has provided a plan to accommodate the expected number of vehicles at the event in a manner that is efficient and will not result in a lack of parking for the surrounding area, and if off-site parking will be utilized, whether permission from the owner of the property to be utilized is provided in writing;

(4)

Whether the applicant's special event permit application requires approval by the town council; and

(5)

Whether the event endangers the public health or safety of the citizens or businesses of the town.

(d)

Termination. At the end of the time period for which the special event permit was issued, the special event shall be discontinued and all temporary structures and signs shall be removed within 24 hours. Failure to comply with this requirement shall be a violation of this code.

(e)

Violations. The director may revoke a special event permit or discontinue the use if the conditions imposed by the special event permit are violated.

(1)

Revocation of permit. The director may revoke a special event permit at any time upon the failure of the owner or applicant of the use covered by the permit to observe all requirements of the special event permit, this section, and other relevant provisions of law, including failure to obtain appropriate business licenses. Notice of such revocation shall be given in writing by the director to the owner or operator of the use, by hand delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective and the appeals procedure. This provision shall not preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this Code.

(Ord. No. 12-03, § 2(3-169), 6-20-2012; Ord. No. 20-08, § 2, 7-15-2020)

(a)

Authority. This section is enacted pursuant to the town's power to enact regulations to protect the public health, safety, and general welfare of the residents of the town, F.S. ch. 166.

(b)

Findings. Based on the evidence and testimony presented before the town council and on the findings incorporated in the "Survey of Texas Appraisers - Secondary Effects of Sexually-Oriented Businesses on Market Values" study by Connie B. Cooper, FAICP and Eric Damian Kelly, FAICP in association with David C. Keuhl, Ph.D. and Shawn Wilson, MAI (2008) (Texas); "Crime-Related Secondary Effects - Secondary Effects of "Off-Site" Sexually Oriented Businesses" study by Richard McCleary, Ph.D. in association with Alexi Alexander, J.D., Larry Bush, M.A., and Mark Vasquez, B.A. (2008) (Texas); "Crime-Related Secondary Effects of Sexually-Oriented Businesses: Report To The City Attorney" by Richard McCleary, Ph.D. (2007)(Los Angeles, California); "Survey of Findings and Recommendations of Sexually Oriented Businesses" by Eric Damian Kelly, PhD, FAICP and Connie B. Cooper, FAICP (August 2002) (Toledo, Ohio); "A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver," by the Zoning Administration, Office of Planning and Development, Department of Public Safety, Department of Excise and Licenses, Assessor's Office, and in consultation with the City's Attorney's Office, Denver, Colorado (January 1998); "An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas, Texas" by Peter Malin, MAI for Office of the City Attorney (April 1997); "Sexually Oriented Business Ordinance Revision Committee Legislative Report, Houston, Texas" (January 7, 1997); "Adult Use Study," by the Newport News Department of Planning and Development, Newport News, Virginia (March 1996); "Report to American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses," by Peter R. Hecht, Ph.D. of the Environmental Research Group (March 31, 1996); "Adult Entertainment Study" by Department of City Planning, City of New York (November 1994); "Adams County Nude Entertainment Study" by the Adam's County Sheriff's Department (1991)(Colorado); "Adult Entertainment Business Study for Manatee County, Florida," by Manatee County Planning and Development Department (June 1987); "Effects of Adult Entertainment Businesses on Residential Neighborhoods," by the Department of Planning, Research and Development, City of El Paso, TX (September 26, 1986); "NLC Summaries of "SOB Land Use" Studies, Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually-oriented Businesses," National Law Center for Children and Families, 1991, 1994, 1996, 1997, 1999, 2000, 2001, 2002, 2005; the town council hereby finds as follows:

(1)

Establishments exist or may exist within the town where books, magazines, motion pictures, videos, prints, photographs, periodicals, records, novelties, and devices that depict, illustrate, describe, or relate to specified sexual activities are possessed, displayed, exhibited, distributed, and sold.

(2)

Establishments exist or may exist within the town where:

a.

The superficial tissues of one person are manipulated, rubbed, stroked, kneaded, or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b.

Dancers, entertainers, performers, or other individuals who, for forms of commercial gain, perform or are presented while displaying or exposing specified anatomical areas; or

c.

Lap dancing occurs.

(3)

The activities described in subsections (b)(1) and (2) of this section occur at establishments for the purpose of making a profit, and, as such, are subject to regulation by the town in the interest of the health, safety, and general welfare of town residents.

(4)

The competitive commercial exploitation of such nudity and semi-nudity is adverse to the public's interest, quality of life, tone of commerce, and total community environment.

(5)

The commercial exploitation of nudity and semi-nudity consists of the use of nude and semi-nude entertainment in connection with or for the promotion of the sale of goods or services, and the receipt of money by the person engaging in nude or semi-nude entertainment in exchange for or as consideration for nude or semi-nude performance by such individuals.

(c)

Intent and purpose; regulated uses. It is the intent and purpose of this section to regulate the location and separation of adult entertainment uses, referred to herein as "regulated uses," which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when they are located near properties zoned, planned or developed with incompatible uses, thereby having a deleterious effect upon the adjacent areas. Further, it is recognized that the location of even one regulated use near an incompatible use causes such deleterious effects on that area. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding area. The regulations seek to prevent a concentration of regulated uses in any one area. This article has neither the purpose nor the effect of limiting or restricting access by adults to sexually oriented, nonobscene materials protected by the First Amendment, or denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(d)

Exemptions. This section shall not apply to accredited universities, colleges or other educational institutions; libraries, art galleries, museums, art exhibits and galleries open to the public; arts and cultural performance theaters and playhouses; or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. Such uses shall not be considered regulated uses.

(e)

Location. Regulated uses shall be permitted only within the transit corridor zoning district.

(1)

No person shall cause or permit the operation of any proposed regulated use within the following minimum distances from any existing uses specified below:

a.

Places of worship, 500 feet;

b.

School, 500 feet;

c.

Public park, 500 feet; and

d.

Another regulated use, 300 feet.

For purposes of this section the term "school" shall be defined as any premises or site upon which there is a day care center, nursery school, pre-kindergarten, elementary school, middle school, high school, or library.

(2)

The subsequent establishment of the uses listed in subsections (e)(1)a through d of this section within these distances of an existing regulated use shall not change the status of the regulated use to that of a nonconforming use.

(3)

The distance provided for in this section shall be calculated by airline measurement from property line to property line, using the closest property lines of the parcels of land involved. Where the distance is measured to a roadway, it shall be calculated from the property line of the regulated use to the edge of the right-of-way for the roadway. For purposes of this subsection, the term "parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(4)

Variances to the location standards of this section shall not be allowed.

(f)

Certified survey. For purposes of establishing the distance between regulated uses, other regulated uses and incompatible uses, as set forth above, the applicant for any regulated use shall furnish a certified survey from a registered surveyor indicating the distance from the regulated use, any other regulated use and any incompatible use as set forth above. In case of any dispute, a measurement scaled by the director of the community development department shall govern. For the purposes of this subsection, all measurements of distances shall be along a straight airline route from the nearest point on the property line of any property which is regulated hereunder to the nearest point on the property line of any property or use described in subsection (e) of this section. If the property is one of multiple separate but attached bays designed for separate businesses, the property line of the parcel that contains the multiple-bay structure shall be considered the property line for purposes of this measurement. Therefore, no more than one regulated use may be located in any one structure, even if that structure contains multiple, separate but attached bays designed for separate businesses.

(g)

Prohibited uses. Adult mini motion picture theaters, adult booths, and outdoor adult theaters are hereby prohibited within the town.

(h)

Penalties. Any person violating the provisions of this section shall, upon conviction, be subject to the penalties of the land development regulations, Town Code, or by any other means authorized by law.

(Ord. No. 12-03, § 2(3-170), 6-20-2012)

(a)

The place of storage shall be to the rear of the front building line. Where the R.V. storage area is located between the residence and a side street property line, the R.V. shall be visually buffered by a six-foot wood privacy fence, masonry wall, trees or shrubs maintained to a height of six feet. The front building line referred to shall be that portion furthest from the street.

(b)

No more than one R.V. shall be parked on any given site.

(c)

Only equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned, or owned or leased by a bona fide out-of-Cutler Bay house guest of the occupant-owner or occupant-lessee of the site concerned may be parked on the site.

(d)

Parking of such equipment by a guest shall not exceed a period of 14 days.

(e)

Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times.

(f)

Such equipment shall, at all times, have attached a current vehicle registration license plate.

(g)

No major repairs or overhaul work on such equipment shall be made or performed on the site (or any other work performed thereon which would constitute a nuisance under existing ordinances).

(h)

When parked on the site, such equipment shall not be used for living or sleeping quarters, or for housekeeping or storage purposes and shall not have attached thereto any service connections lines, except as may be required to maintain the equipment and appliances.

(i)

Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the state; provided, however, the maximum length shall not exceed 30 feet.

(j)

Such equipment shall be so secured so that it will not be a hazard or menace during high winds or hurricane.

(Ord. No. 12-03, § 2(3-171), 6-20-2012; Ord. No. 16-03, § 2(3-171), 4-20-2016)

Group homes are limited to six resident clients on the premises. The operation of the facility must be licensed by the state department of health and the town community development director must be notified of the licensure prior to the issuance of a certificate of use. The structure used for the group home shall be located at least 1,000 feet from another existing, legally established group home. The 1,000 foot distance requirement shall be measured from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use.

(Ord. No. 12-03, § 2(3-172), 6-20-2012)

(a)

Declaration of a water shortage. The declaration of a water shortage or water shortage emergency within all or any part of the town by the South Florida Water Management District (SFWMD) shall invoke the provision of this section. Upon such declaration, all water uses restrictions or other measures adopted by the SFWMD applicable to the town, or any portion thereof, shall be subject to enforcement action pursuant to the section. Any violation of the provisions of chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this section.

(b)

Permanent landscape irrigation restrictions. This section shall be applied consistent with the requirements set forth in section 32-8.2, Permanent Landscape Irrigation Restrictions, of the Miami-Dade County Code, as amended from time to time. The provisions of the section shall apply to all users of any water resource within the county, whether from publicly or privately owned water utility systems, private wells, or private connections with surface water bodies. These provisions shall not apply to athletic play areas and public gardens as defined herein and users under water use permits issued pursuant to chapters 40E-2 and 40E-20 of the Florida Administrative Code.

(c)

Enforcement. Every police officer having jurisdiction in the area governed by this section shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. The town's code compliance division shall also enforce the provisions of this section. In addition, the town manager may also delegate enforcement responsibility for this section to agencies and departments of the town government, or cities in the service areas governed by this section in accordance with state and local law.

(d)

Penalties. Violation of any provisions of this section shall be subject to the following penalties:

(1)

Phase I, II, Modified Phase II, Phase III or Phase IV water restrictions, as determined by the SFWMD:

a.

First violation, courtesy warning.

b.

Second violation, a fine of $50.00.

c.

Third violation, a fine of $125.00.

d.

Fourth violation, a fine of $250.00.

e.

Fifth and subsequent violations, a fine not to exceed $400.00.

(2)

Each day in violation of this section shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The town, in addition to the civil sanctions contained in the section, may take any other appropriate legal action, including, but not limited to, emergency injunctive action, enforce the provisions of this section. The police department may adhere to section 32-8.1 of the Miami-Dade County Code, which indicates that should the SFWMD implement a water shortage plan, and declare a water shortage, the provisions of chapter 32 of the county code go into effect, and all police officers may issue criminal sanctions as provided under state law and county code.

(e)

Appeals. Appeals under the town's civil citation system of citations issued shall be to the town's special master as provided for under the Town Code.

(Ord. No. 12-03, § 2(3-173), 6-20-2012)

(a)

The minimum lot size for an outdoor market shall be two and one-half acres.

(b)

An application, on a form provided by the town, shall be filed by the property owner or authorized agent prior to an outdoor market occurring within the town. Upon the filing of a complete application, including the applicable permit fee, town staff shall review the application for consistency with the requirements of this ordinance. After review, the town manager or designee may approve, approve with conditions, or deny the application.

(c)

Each outdoor market shall have a designated market manager who is in charge of running the market and enforcing all applicable health and safety regulations. The market manager shall provide his address, telephone number(s), and email address to the town prior to the event occurring.

(d)

Hours of operation, days, and set-up time.

(1)

An outdoor market may be operated within the town between the hours of 9:00 a.m. and 3:00 p.m.

(2)

An outdoor market on a property shall occur only on a Saturday or Sunday, but not on both days.

(3)

An outdoor market shall be set up a maximum of two hours prior to the event occurring.

(e)

A site plan shall be submitted for approval by the town manager or designee, which depicts, at a minimum, the location of vendors, ingress and egress, parking, and setbacks. The site plan is a legally binding document that shall be strictly enforced by the town manager or designee to ensure that the market is operated consistent with standards outlined in this section.

(f)

All uncooked food or goods shall be located on tables and under prefabricated tents. Tents shall be a maximum of ten feet multiplied by ten feet, unless otherwise approved by the town. The number of tents shall not exceed 40 tents, unless approved by the town manager or designee.

(g)

An outdoor market, including, but not limited to, vendors, tents, tables, and chairs, shall have a minimum setback from the property line as follows:

(1)

Front: 20 feet;

(2)

Side: ten feet if side street, 20 feet if adjacent to residential; and

(3)

Rear: 20 feet.

(h)

The minimum off-street parking requirements for an outdoor market shall be as follows:

(1)

One parking space per stall for customer parking;

(2)

One oversized space for truck/trailer parking per stall; and

(3)

One parking space for every 250 square feet of eating or seating or other areas used for additional activities. Access to such parking shall be through the entrance area for ingress and egress to the site and shall be clearly marked with directional signs.

(i)

On-street parking shall be located as depicted on the approved site plan and prohibited on the swales of all roads, including along Old Cutler Road.

(j)

Music may be permitted if the music is not capable of being heard beyond the outdoor market's property line.

(k)

An outdoor market may include cooked food upon the applicant demonstrating approval by all applicable county and state agencies, which may include, but are not limited to, the county health and fire department as well as the state department of business and professional regulation. All food shall be removed from the property after the closing of the outdoor market each day.

(l)

If open food is to be handled, proper utensils (such as spoons, single-use gloves, and deli tissue) must be provided and used. Bare hand contact with ready-to-eat open food is prohibited.

(m)

Food products must be kept shielded and protected from contamination by consumers at all times during storage, preparation and service.

(n)

Pony rides may be permitted if located in a designated area, with a fence to contain the rides so that they are not going into or around the areas where food is served or consumed. The fenced areas should not be near the parking or driving areas and all fencing shall be removed prior to 12:00 noon on the day following the event.

(o)

The following shall be prohibited at outdoor markets:

(1)

Alcoholic beverages (consumed or sold);

(2)

Bandstand or stage;

(3)

Animals or livestock, except for ponies used for pony rides;

(4)

Games, mechanical rides, or other amusement devices, and

(5)

Food trucks; provided, however that vehicles from which ice cream and frozen desert products only are sold shall be permitted and shall be exempted from the requirements of offering solely local products. Such vehicles shall be permitted in areas approved by the town manager or designee.

(p)

The market manager shall be responsible for the clean-up of the outdoor market. The outdoor market shall be completely cleaned up within two hours after the closing of the market, which includes, but is not limited to, the removal of all trash, refuse and garbage, tents, tables, and vendors. All trash, refuse and garbage removed from the site shall be placed in appropriate containers. The site occupied by the market and surrounding swales shall be kept clean and free of accumulated trash, refuse or garbage resulting from any aspect of the market operation. All discarded fresh fruits, vegetables, produce or other food or byproduct shall be sealed in plastic bags and discarded in appropriate waste containers.

(q)

Portable toilets are required. Such required portable toilets shall have all required permits, and shall be removed from the property no later than the following day.

(r)

If the outdoor market is to be held on town-owned or leased property, the person or entity organizing the outdoor market shall agree to enter into an indemnification and hold harmless agreement with the town in a form acceptable to the town attorney.

(s)

Only one advertising sign shall be permitted on site and limited to 24 square feet.

(t)

The operator of the outdoor market is solely responsible for securing all appropriate permits from the appropriate permitting agencies, including the town, to operate the outdoor market.

(u)

A violation of the provisions of this section or any condition of approval shall result in the revocation of the permit and a code enforcement violation enforced pursuant to the town's code enforcement procedures.

(Ord. No. 12-03, § 2(3-174), 6-20-2012)

(a)

No alcoholic beverage sales for consumption on-site or off-site shall be permitted upon premises closer than 500 feet from any religious facility or school without approval by the town council, with the following exceptions:

(1)

When served in the dining room of a restaurant serving cooked full-course meals on a daily basis;

(2)

When served in a cocktail or lounge bar as an accessory use in a restaurant serving cooked full-course meals on a daily basis and that the cocktail or lounge bar does not have a separate entrance than the restaurant and is no larger than 15 percent of the gross square footage of the restaurant;

(3)

When beer and wine is sold as a grocery item for consumption off the premises from a grocery store.

(b)

The 500 foot lateral distance shall be measured and computed by following a straight line from the front door of the place of business to the nearest point of the structure of a school and/or religious facility.

(c)

In reviewing an application for alcoholic beverage sales the town council shall consider, but not be limited to, the following criteria:

(1)

Location of building on the site.

(2)

Location of entrances and exits to the licensed establishment.

(3)

Proposed hours of operation.

(4)

Other uses of business adjacent to or between the licensed establishment and the religious facility or school.

(5)

Vehicular and pedestrian paths between the licensed establishment and the religious facility or school.

(6)

That the location is not detrimental to the public health, safety and welfare.

(Ord. No. 12-03, § 2(3-175), 6-20-2012)

(a)

In order to ensure that proposed development is developed in substantial compliance with proffered plans approved at a public hearing, the director may, when he deems it necessary in order to preserve the integrity of a development, require a property owner to file a unity of title, or other similar agreement or covenant, on a form approved for legal sufficiency by the town attorney.

(b)

Maintenance of common areas and facilities.

(1)

A homeowners' association, or similar association, shall be created for the entire development as a master association which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof, are made members of the master association.

(2)

The property owner shall execute and record among the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas.

(3)

Each phase of development, when standing independently or in conjunction with existing developed contiguous phases, shall meet all zoning requirements. This subsection shall not be subject to a request for a variance.

(4)

The property owner shall provide recordable documents establishing reciprocal rights or cross-easements for satisfaction of zoning requirements (including water and sewer lines, common parking areas, streets, driveways, entrances and exits, etc.).

(c)

The recordation of separate mortgages on each phase subsequent to the recordation of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development.

(d)

The provisions of this section shall not render structures approved pursuant to these provisions as nonconforming in nature. Subsequent changes more restrictive in nature in this code relating to the underlying zoning on the property shall render the uses nonconforming in nature.

(Ord. No. 12-03, § 2(3-176), 6-20-2012)

(a)

Permitted hours of operation for outdoor dining are from 6:00 a.m. to 1:00 a.m.

(b)

Outdoor dining facilities shall maintain at least a four-foot clear and unobstructed passageway between the cafe and any obstructions on the sidewalk, including, but not limited to, street trees, bike racks, lampposts, sign posts, and other existing fixtures. When located at a street corner, a ten-foot setback from the corner shall be maintained along both frontages.

(c)

No portion of an umbrella shall be less than seven feet above the sidewalk or extend into or over the pedestrian right-of-way.

(d)

Individual tables and chairs shall be utilized to allow temporary removal and use of the right-of-way for public events, construction activity, repair, or any other purpose.

(e)

A sidewalk cafe shall not extend into the area in front of an adjoining structure without the written consent of the adjoining property owner.

(f)

The cafe area shall be completely surrounded by an architecturally compatible enclosure at least three foot in height which may include plants. No enclosures shall be required if the applicant proposes to limit the cafe area to one row of tables and chairs abutting the wall of the establishment and no alcohol will be served.

(g)

The operator shall provide proof of liability insurance coverage in the amount of at least $1,000,000.00 with the town named as an additional insured, if located within the public right-of-way.

(h)

Outdoor seating less than 15 percent of interior seating is deemed accessory and exempt from impact fees and additional parking requirements.

(Ord. No. 12-03, § 2(3-177), 6-20-2012)

Poles, masts and towers for supporting antenna used in the operation of amateur radio stations licensed by the FCC shall be excepted from the above regulations and shall be governed by the following requirements:

(1)

Location on property. All such poles, masts and towers shall be placed no closer than five feet to an official right-of-way line or to property under different ownership, or closer than one foot to an easement. If a beam (array) type of antenna is installed, no element or part of such beam type array antenna shall extend closer than five feet to an official right-of-way line and/or the property under different ownership or closer than one foot to an easement.

(2)

Compliance with electrical codes; federal regulations. All such installations shall conform to the requirements of the National Electrical Code and the F.C.C. regulations, title 47, part 97, governing amateur radio services. National Electrical Code installation must maintain a minimum of eight feet clearance from power lines over 250 volts and all high primary lines, and this includes the beam elements or any part thereof.

(3)

Permits. Permits shall be required for installation of any poles, masts or towers over 20 feet above the roof of any structure to which they may be attached, and for any installation over 35 feet in height when erected on natural ground. Where permits are required, they shall be obtained from the department; and applications for permits shall be accompanied by plans and specifications, three copies, showing all dimensions, size and kind of members, footings and guy wires, if any, locations, depth and type of guy anchors and footings, if any, and showing the type and weight of antenna, apparatus or structure to be attached to or supported by the structure.

(4)

Poles, type. Poles shall be of the approved creosoted type or treated or painted with a chemical preservative and an outer coat of oil base paint before installation (color to match surrounding development).

(5)

Holes. Recommended sizes and depths of holes for various type poles subject to good engineering standards:

If the earth is damp or soggy, the depth of hole is to be increased by one foot. If the pole is guyed in accordance with American Standards Association standards, the depth of hole as listed in this code can be decreased by one foot. If carrying a beam, poles must be properly guyed, as is the case where the pulling effect of wire antenna or weight of other installations will require guying.

(6)

Masts. Masts constructed of wood (two inches by two inches or four inches by four inches for either the "A" frame type construction or straight masts) shall be properly chemically treated, painted with an outside coat of oil base paint and be properly guyed both at the top and middle in at least three different directions, approximately 120 degrees apart, or otherwise suitably guyed. Masts to support a beam, whether of wood or metal pipe, must comply with all the regulations applicable in regard to location, guying, etc., and the maximum allowable weight of antenna, rotator and components shall not exceed 150 pounds.

(7)

Towers. Towers of galvanized steel, iron or aluminum, whether of the rigid nondemountable type or the rigid, demountable type with the crank-up, crank-down and either the hinged base or swivel crank-over features, shall carry no more weight on the top than specified by the manufacturers' specifications.

(8)

Waiver of objection for certain structures; servicing; removal. All poles, masts or towers, and other structures used for antennas under this section, which exceed 35 feet in height above grade elevation, or which exceed 20 feet in height above the roof of any structure, shall be subject to the following requirements:

a.

If the top of such poles, masts or towers are higher above their foundation of the structure on which they are erected, than 90 percent of the horizontal distance from its base or projected base to the nearest point on adjacent property under different ownership or to the nearest edge of an official right-of-way, then no permit shall be issued for such installation unless a waiver is obtained from each and every owner of adjacent property that the structure could fall upon.

b.

In calculating the height of demountable type towers, the top of the lower rigid section shall be considered the top for the purpose of this subsection.

c.

Beam array antenna shall be so mounted so as to provide easy servicing and easy access for removal at approach of hurricanes, or provide for the lowering of each beam.

To the extent of any conflict the provisions of F.S. § 166.0435 included therein should apply.

(Ord. No. 12-03, § 2(3-178), 6-20-2012)

(a)

No junkyard shall be permitted in a residential district. No junkyard shall be established or enlarged without a permit from the department, and the permit shall not be issued unless the same has been approved by the appropriate zoning board, after public hearing.

(1)

Junkyards shall be surrounded by a solid wall eight feet high, and this wall shall be a C.B.S construction and painted and maintained in order to present a good appearance.

(2)

In lieu of a C.B.S. wall, an eight-foot-high cyclone-wire type fence with top rail may be substituted, such wire fence to be interwoven with wooden, metal or plastic strips to create a solid screening site barrier. If wire fencing is used, a two-foot concrete (on footing) or heavy sheet metal curb (imbedded at least two feet in the ground) shall be placed immediately adjacent to and inside such fence to prevent runoff of oil, transmission fluid and other contaminants onto adjacent properties or into adjacent waterways that may result from junking operations.

(3)

Whether a C.B.S. or interwoven cyclone-wire fence is used, all gates shall be of the cyclone-wire type, interwoven with wooden, metal or plastic slats in order to screen the interior of the yard when the gates are closed.

(4)

In addition, whether a fence or wall encloses the junkyard, an appropriate hedge made up of native tree or plant species such as southern red cedar or other species approved by the department shall be planted outside the walls or fences, such tree or plant species to be not less than four feet in height at time of planting, five feet on the center and two and one-half feet from the wall or hedge. In no event shall the junk or scrap be piled higher than the wall or fence unless the hedge around the entire site grows above the wall or fence and forms a solid screen; in that event the scrap or junk may be piled up to the height of the hedge.

(5)

All existing junk and scrap yards shall be made to comply to all of the foregoing requirements within a period of two years from the effective date of the ordinance from which this section is derived and if not so made to comply, they shall be removed and the use discontinued.

(b)

In residential zoning districts, a property owner or tenant on improved property having a principal building may repair or otherwise put into operative condition an automobile on his property, only if all of the following requirements are met:

(1)

The property owner or tenant owns the automobile being repaired;

(2)

The repair activity takes place only during daylight hours;

(3)

While under repair the automobile shall not be parked in front of the principal building on the property unless the side yard and/or the rear yard are not accessible; and

(4)

The work undertaken at the premises to repair or otherwise put the automobile into operative condition shall be limited to minor repairs only. The term "minor repair" includes any work which is completed within 72 hours, including, but not limited to, change of tires, replacement of batteries, change of oil, replacement of brakes and engine tune-up. Any other work, including work wherein the vehicle engine or transmission is removed or lifted from the vehicle for repair or replacement, or the vehicle is placed on blocks with the tires removed, is prohibited.

(Ord. No. 12-03, § 2(3-178.1), 6-20-2012)

(a)

Donation collection bins prohibited; exceptions. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items; provided, however, the definition of donation collection bins shall not include non-motorized vehicles which comply with the following criteria:

(1)

The non-motorized vehicles must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the state for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Services;

(2)

Personnel directly employed by or volunteers for the not-for-profit organization must be present at the non-motorized vehicles at least five days a week (except holidays) to accept donations;

(3)

The monetary proceeds resulting from the sale of donations collected at a non-motorized vehicle must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of the county or outside of the county to provide emergency relief for victims of natural, manmade or economic disasters;

(4)

The operation of the non-motorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organizations;

(5)

The non-motorized vehicles shall be located on sites designated by the town; provided further that said non-motorized vehicles shall operate in a safe manner, be neat in appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening; and

(6)

For each non-motorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

Non-motorized vehicles which comply with the foregoing criteria are not required to be shown on site plans which are required by the code to be submitted for approval at public hearing or by administrative site plan review.

(b)

Designation of enforcement officer. The director shall designate an enforcement officer who shall be responsible for the removal of donation collection boxes.

(c)

Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on any property within the town, the officer shall cause a notice to be placed on such bin in substantially the following form:

NOTICE

This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within seventy-two (72) hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of the Town of Cutler Bay.

Dated this: (setting forth the date, time of posting of the notice).

Signed: (setting forth name, with the address and telephone number of the enforcement officer).

Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(Ord. No. 12-03, § 2(3-178.2), 6-20-2012)

(a)

A mobile food service operation(s) is only allowed as part of a permitted special event. A special event consisting of a mobile food service operation(s) shall be permitted without a public hearing provided:

(1)

The mobile food service special event (MOFSE) shall be limited to no more than two per month and shall not occur at the same location less than 14 days apart.

(2)

The MOFSE shall be permitted to operate in all nonresidential zoning districts. No MOFSE shall operate within two blocks of a school on weekdays from 7:30 a.m. to 5:00 p.m.

(3)

The MOFSE shall be operated no later than 10:00 p.m. on weekdays, 12:00 midnight on weekends. Up to four days per calendar year, a MOFSE may operate until 12:00 midnight on a weekday, provided that it occurs on a holiday, and provided that these four dates are included as part of the schedule of events provided in the application and are indicated on the certificate of use.

(4)

The MOFSE shall not be permitted to sell alcoholic beverages. Sale and consumption of wine and beer can be allowed as permitted by law.

(b)

In the event there are temporary structures or stages, the MOFSE shall obtain a building permit from the town. Temporary structures or stages shall meet the requirements set forth in the state building code, as amended from time to time.

(c)

A certificate of use shall be obtained for each MOFSE site on an annual basis.

(d)

A certificate of use package for the MOFSE shall be obtained, completed and submitted to the town's department of community development. The complete package shall include all of the following information:

(1)

Notarized letter from property owner of record authorizing the MOFSE described in the application package and designating a MOFSE coordinator and an alternate.

(2)

Written waivers of objection from 80 percent of the owners or residents of residentially zoned properties within 1,000 feet. The director shall not count unoccupied properties in calculating the 80 percent.

(3)

Schedule of events.

(4)

Notification and sign-off from the police department.

(5)

A traffic safety and security plan.

(6)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any amenities provided.

(7)

Copies of state licenses of each of the individual mobile food service operations participating.

(8)

The maximum number of individual mobile food service operations which may be present at the MOFSE. This maximum number shall be indicated on the certificate of use.

(9)

Site plan or survey indicating the following, which shall consider the MOFSE's estimated public attendees and maximum number of individual mobile food service operations.

(10)

General placement of the individual mobile food service operations.

(11)

Location of refuse facilities, if not hauled away by the individual mobile food service operations.

(12)

Location of sanitation facilities.

(13)

Location of on-site and off-site parking areas.

(14)

Lighting fixtures, if applicable.

(15)

Rights-of-way, internal circulation and ingress and egress.

(e)

If it is found that the MOFSE is operating in a manner inconsistent with the representations made in the application package provided to the department, the director shall have the authority to revoke the certificate of use immediately.

(f)

A certificate of use for a MOSFE is nontransferable and nonrefundable. The certificate of use shall apply for the operation of the event at the designated approved location, for the type of food service, and for the permit holder for which it was granted.

(g)

MOFSE coordinator. Each MOFSE shall have a coordinator. The designated MOFSE coordinator shall:

(1)

Assist in the placement/positioning of individual mobile food service operations in a MOFSE;

(2)

Maintain for inspection, at the MOFSE site, all pertinent documentation provided by the individual mobile food service operations such as proof of licensing and insurance; and

(3)

Ensure compliance with hours, clean-up and other certificate of use requirements.

(h)

Operational requirements. The following requirements shall apply during the operation of a MOFSE in the town:

(1)

No food shall be stored, displayed, or served from any place other than the approved vehicle or trailer. The use of tables, benches, and other such devices to display or serve items is prohibited.

(2)

Food condiments shall be protected from contamination. Food condiments provided for customer self-service shall be prepackaged or shall be from approved dispensing devices.

(3)

Utensils and equipment shall be handled and stored so as to be protected from contamination. Single-service utensils shall be obtained from sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once.

(4)

Vehicles shall comply with all applicable health and sanitary laws of the county and state.

(5)

The MOFSE certificate of use holder shall be responsible for keeping the operational area clean. The refuse receptacle shall be adjacent to, but not an integral part of, the mobile food service vehicle.

(6)

The MOFSE certificate of use holder shall, by written agreement with the business establishment hosting the special event, arrange for the availability of sufficient restrooms and hand washing sinks that may be used by the public and employees working in the mobile food service operation when the vehicle is parked in the same place for more than two hours. The restrooms and hand washing sinks must be within 200 feet of the MOFSE. A copy of this agreement shall be kept in the vehicles at all times and shall be made available for inspection upon request.

(i)

License posting. Every license shall be posted in a conspicuous place in a part of the vehicle to which the public has access by sight.

(j)

Enforcement. Violation of this section shall result in a daily fine, per violation, as provided in the Town Code.

(Ord. No. 12-03, § 2(3-178.3), 6-20-2012)

(a)

No vehicle shall be displayed for sale in a residential district unless affixed to the vehicle is a valid state license plate issued for the vehicle, except that a vehicle affixed with a lost tag may be displayed for a period not to exceed ten days. A vehicle with a lost tag shall have the vehicle registration affixed to the rear window so as to be easily readable by law enforcement and code enforcement officials. As used in this section, the term "vehicle" shall include an automobile, motorcycle, truck, or recreational vehicle, a utility trailer, or a trailer for transporting off-highway vehicles or boats.

(b)

In residential districts no more than one vehicle may be displayed for sale at any one time on any one premises and no more than two vehicles may be displayed for sale at any one premises for any one calendar year, and the display shall only be permitted at the current address of the registered owner of the vehicle offered for sale on the subject premises.

(c)

In addition to standard code enforcement provisions of this code, the town may lien the vehicle and any real property owned by the violator in the county until all fines, enforcement costs, and administrative costs are paid by the violator. Any vehicle in violation of this section shall be towed if not removed immediately by the owner. (Vehicle owners will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.)

(Ord. No. 16-03, § 2, 4-20-2016; Ord. No. 16-03, § 2(3-178.4), 4-20-2016)

No person shall ignite, cause to be ignited, permit to be ignited or allow or maintain any open outdoor fire except as provided below.

(1)

Fires used only for noncommercial cooking of food for human beings or for recreational purposes.

(2)

Any fire permitted by the Miami-Dade County Director of Regulatory and Economic Resources, in the performance of official duty, if such fire is set or permission given for the purpose of weed abatement, the prevention of a fire hazard, including the disposal of dangerous materials when there is no safe alternate method of disposal, or in the instruction of public employees in the methods of fighting fires, which fire is, in the opinion of such official, necessary.

(3)

An agricultural fire set by or permitted by the Miami-Dade County Director of Regulatory and Economic Resources, if such fire is for the purpose of disease and pest prevention, or for frost protection.

(4)

A fire set or permitted by the Miami-Dade County Director of Regulatory and Economic Resources, Miami-Dade Fire Department, and under his control for the purpose of non-recurrent clearing of debris from land, agricultural and silviculture.

(5)

Smokeless flares or safety flares for the combustion of waste gases.

(Ord. No. 16-03, § 2(3-178.5), 4-20-2016)

All self-service and automatic car washes installed after July 1, 2016, must utilize the water conservation best management practices required by Section 62-660.803, Florida Administrative Code.

(Ord. No. 16-03, § 2(3-178.6), 4-20-2016)

Any fountains and water features proposed as part of development projects must incorporate all applicable water conservation best management practices to minimize evaporation and other water losses, and utilize stormwater and other non-drinking sources where possible.

(Ord. No. 16-03, § 2(3-178.7), 4-20-2016)

(a)

It shall be presumed that a multifamily use has been established when one or more of the following conditions are observed:

(1)

There are two or more electrical, water gas or other types of utility meters, or mailboxes on the premises.

(2)

There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached structure on the premises.

(3)

There is more than one cooking area in the primary structure.

(4)

All living areas in the dwelling are not interconnected.

(5)

Multiple paved numbered parking spaces.

(6)

An unauthorized detached building with air conditioning, interior cooking areas or utility meters.

(7)

Any detached building with unauthorized air conditioning, interior cooking areas or utility meters.

(8)

There is more than one different house address unit number posted on the premises.

(9)

An advertisement indicating the availability of more than one living unit, dwelling or residence on the premises.

(10)

An unpermitted exterior door.

(b)

For duplex or triplex structures, the terms "structure" and "dwelling" as used herein shall apply as to each unit.

(c)

The presumption may be rebutted by the submission of a current floor plan prepared by an engineer or architect, surveying the residence and accessory structures and showing all rooms are interconnected as a single-family dwelling accompanied by a notarized affidavit from the property owner attesting that the residence or accessory structure is being maintained for single-family occupancy and/or substantiated by an interior inspection of the dwelling by a compliance officer. If the compliance officer is able to enter the interior of the property and verify its use as a single-family dwelling, the property owner is exempt from the above submission.

(d)

Nothing contained in this section shall prevent the enforcement actions authorized by this code independent of this section.

(Ord. No. 16-03, § 2(3-179), 4-20-2016)

(a)

Registration requirements. It is unlawful for any person to allow another person to occupy any residential property as a vacation rental within the town, or offer such rental services within the town, unless the person has registered the vacation rental property with the town in accordance with the provisions of this section.

(b)

Application for registration. The application for registration of a vacation rental shall be made to the town manager on a form provided by the town, which shall set forth at a minimum:

(1)

The legal description of the property offered for rental, including the complete address, subdivision, or community name.

(2)

Proof of ownership of the property, including the name, address and phone number of each person or entity with an ownership interest in the property.

(3)

The gross square footage of the property and of that portion of the dwelling unit to be used for the vacation rental, including the number of rooms, bedrooms, kitchens and on-site parking spaces attributable to the vacation rental use.

(4)

A valid and current federal employer tax identification number for the owner(s) of the property, when owned by a corporate entity.

(5)

Proof of licensure with, or exemption from, the state department of business and professional regulation for a transient public lodging establishment.

(6)

The name, address, e-mail address and 24-hour phone number of the person who will act as the vacation rental agent, operating the vacation rental property. The vacation rental agent phone number shall be answered at all times, 24 hours a day, seven days a week.

(7)

The name and contact information for any listing services on or through which the vacation rental is to be offered for rent.

(8)

The application shall bear the signatures of all owners, authorized agents, authorized property managers and the vacation rental agent.

(9)

The owner of the property and the vacation rental agent must individually acknowledge the affirmative duty to ensure compliance with the requirements of this section, including the owner and vacation rental agent requirements of this section.

(10)

Acknowledgement that the application and any related approvals are specific to the property identified in the application and approval; other properties are not jointly shared commodities and shall not be considered available for use by transient occupants of the property which is the subject of the application.

(11)

Submission of an incomplete registration application form shall result in rejection of the application.

(c)

Vacation rental agent required. Whenever any property is required to be registered under this section, the owner shall act as, or retain at all times, an appointed natural person capable of meeting the duties provided in subsection 3-179.1(e). The designated vacation rental agent must reside within 30 miles of the vacation rental property to serve as the vacation rental agent for service of notices as are specified herein. Notices given to the vacation rental agent shall be sufficient to satisfy any requirement for notice to the owner. An initial vacation rental agent shall be designated and shall participate in the application for registration, and the town manager shall thereafter be notified of any change of vacation rental agent within 15 days of such change.

(d)

Fees for registration. The town may charge reasonable fees for registration to compensate for administrative expenses which shall be set by resolution of the town council.

(e)

Owner and vacation rental agent requirements. In addition to general compliance with all federal, state, county and local laws, it is the affirmative duty and responsibility of the owner and the vacation rental agent, individually and collectively, to adhere to the following:

(1)

Inform all guests, in writing, prior to occupancy of the property, of all applicable town ordinances concerning noise, vehicle parking, garbage, and common area usage;

(2)

Maintain the property under their control in compliance with the occupancy limits, as specified in this section, the minimum housing standards of the county, fire codes, specific requirements of the state building code and the Town Code, as determined by the town manager, building official or respective designee;

(3)

Ensure that, at all times:

a.

All vehicles associated with the vacation rental are parked in compliance with the Town Code; and

b.

The entire property, including the front, back, and side yards, is maintained free of garbage and litter, provided however, that this subsection shall not prohibit the storage of garbage and litter in authorized receptacles for collection; and

c.

All transient occupants are aware that it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in section 26-40 of the Town Code; and

d.

The provisions of this section are complied with and promptly address any violations of this section or any violations of law which may come to the attention of the vacation rental agent; and

e.

He or she is available with authority to address and coordinate solutions to problems with the rental of the property at all times, 24 hours a day, seven days a week and be physically present at the property to respond to emergency calls within two hours of notification; and

f.

He or she keeps available a register of all transient occupants, which shall be open to inspection on the vacation rental property by authorized personnel of the town at all times; and

g.

No rental is made, or occupancy allowed by, any person on the Florida Sexual Offenders and Predators (FDLE) database or any other state sex offender database consistent with the requirements of section 52-45 "sexual violator residency prohibition" of the Town Code.

(f)

Standards and requirements for vacation rentals.

(1)

Registration. The director or designee may issue a registration to an applicant upon proof that the owner or vacation rental agent has:

a.

Submitted a complete vacation rental registration application form including appropriate documentation of compliance with applicable state department of revenue and state department of business and professional regulation requirements; and

b.

Submitted any applicable registration fee; and

c.

Provided an affidavit, demonstrating initial and on-going compliance with vacation rental standards contained herein, plus any other applicable local, state and federal laws, regulations and standards to include, but not be limited to F.S. ch. 509, and Rules, Chapter 61C and 69A, Florida Administrative Code; and

d.

Provided a copy of the rental/lease agreement form to be used when contracting with transient occupants which includes the minimum transient occupant information required by subsection 3-179.1(f)(2)c., below; and

e.

Provided evidence of liability insurance covering the use of the property as a rental property.

f.

Subsequent to the issuance of a registration, a business tax receipt from the town pursuant to chapter 32 of the Town Code shall be obtained.

(2)

Vacation rental standards. The following standards shall govern the use of any vacation rental as a permitted use:

a.

Maximum occupancy. The maximum occupancy of the vacation rental shall not exceed any of the following standards:

1.

Two persons per bedroom; and

2.

One family as defined in the Code.

b.

Guest hours. Any person present on the property after 11:00 p.m. on a Sunday—Thursday night or after 12:00 a.m. Friday or Saturday night shall be considered an overnight transient occupant for purposes of calculating maximum occupancy.

c.

Minimum transient occupant information. The following information shall be posted conspicuously within the establishment and shall be provided to each transient occupant as part of their lease:

1.

The maximum occupancy permitted under the registration;

2.

A notice that all unauthorized occupants of any structure or conveyance of the property that have been warned by the vacation rental agent, owner or registered transient occupants to leave and refuse to do so commit the offense of trespass of a structure or conveyance and will be charged under the state and local law; and

3.

A list of uses prohibited on the property which shall include use of the property as a party, event or entertainment venue.

d.

Use. The following limitations apply to the use of the property:

1.

The town noise ordinance shall apply at all times.

2.

Noise from any amplified sound system shall not be audible after 11:00 p.m. on a Sunday—Thursday night or after 12:00 a.m. on a Friday or Saturday night when measured at any property line of the vacation rental;

3.

No more than three unregistered guests may be present on the property at any given time and no unregistered guests may remain on the property after 11:00 p.m. Sunday—Thursday night or after 12:00 a.m. on Friday or Saturday night.

4.

The vacation rental may not be used or advertised for any commercial or non-residential use, including use of the property as a party, event or entertainment venue.

e.

Advertising. Any advertising of the vacation rental by the owner on any service shall conform to information included in the vacation rental registration and the property's approval, and shall include at a minimum, identification of the maximum occupancy permitted on the property.

f.

Other standards. The occupants shall be advised that all standards contained within the Town Code (including, but not limited to, noise, parking, and property maintenance) are applicable to the vacation rental and may be enforced against the transient occupant, vacation rental agent and owner.

(g)

Sale or transfer of dwelling unit used for vacation rentals. Whenever a dwelling used for vacation rentals is sold or otherwise changes ownership and the new owner desires to use the dwelling for vacation rentals, the new owner must, prior to allowing any vacation rental use submit a new vacation rental registration application.

(h)

Administration, penalties, and enforcement.

(1)

Annual registration of vacation rentals. All vacation rental registrations shall be renewed annually with the town upon payment of the renewal fee and verification that there are no outstanding code violations on the property. Any violations must be corrected and any fines paid prior to renewal of the registration. Failure to correct outstanding violations in the timeframes provided shall result in the denial of an initial application or suspension of the vacation rental registration until such time as the violations are corrected and inspected.

(2)

Registration not transferable. No registration issued under this section shall be transferred or assigned or used by any person other than the person to whom it is issued, or at any location other than the location for which it is issued.

(3)

Expiration of registration. All registrations issued under the provisions of this section shall be valid for no more than one year, and all registrations shall expire on September 30 of each year. Fees for renewal shall be established by resolution of the town council. In the event of a failure to renew the vacation rental registration prior to the expiration date, a new application for registration of a vacation rental shall be required.

(4)

Revocation. In addition to, or as an alternative to, the penalties of subsection (5) below, any vacation rental registration issued pursuant to this section may be denied, revoked, or suspended by the town manager upon the adjudication of a violation of this section, any town ordinance, or state law by the vacation rental agent, owner, transient occupant attributable to the property for which the vacation rental registration is issued. Such denial, revocation or suspension is in addition to any other penalty or remedy available at law.

(5)

Offenses/violations.

a.

Fine. A violation of any of the provisions of this section is punishable by a fine of up to $250.00 per violation. Each day a violation occurs shall constitute a separate violation. Repeat violations shall be punishable by a fine of up to $500.00 per violation.

b.

Suspension of vacation rental registration. In addition to any fines and any other remedies described herein or provided for by law, the special magistrate shall suspend a vacation rental registration for multiple violations of the maximum occupancy, parking requirements, noise ordinance, failure to advertise the maximum occupancy, or any other requirements of this section, in any continuous 48-month period, in accordance with the following suspension timeframes:

1.

Upon finding of a second violation of the maximum occupancy, parking requirements, noise ordinance, failure to advertise the maximum occupancy, failure of the vacation rental agent to perform the duties required by this section, or any other requirements of this section, the vacation rental registration shall be suspended for a period of 30 calendar days.

2.

Upon finding of a third violation of the maximum occupancy, parking requirements, noise ordinance, failure to advertise the maximum occupancy, failure of the vacation rental agent to perform the duties required by this section, or any other requirements of this section, the vacation rental registration shall be suspended for a period of 12 calendar months.

3.

For each additional violation of the maximum occupancy, parking requirements, noise ordinance, failure to advertise the maximum occupancy, failure of the vacation rental agent to perform the duties required by this section, or any other requirements of this section, the vacation rental registration shall be suspended for an additional 12 calendar months.

c.

Suspension restrictions. A vacation rental may not provide transient occupancy during any period of suspension of a vacation rental registration. The suspension shall begin 30 calendar days following notice of the suspension.

d.

Operation during any period of suspension shall be deemed a violation pursuant to this section and shall be subject to a daily fine, up to the maximum amount as otherwise provided in state statutes for repeat violations, for each day that the vacation rental operates during a period of violation.

(i)

Vesting.

(1)

Vacation rentals existing as of March 20, 2019, shall be considered vested vacation rentals only as related to contracts entered prior to March 20, 2019. Rental/lease agreements that were entered into prior to March 20, 2019, as evidenced by a written and validly executed rental/lease agreement or contract provided to the town manager no later than June 20, 2019, shall be considered vested.

(2)

Vesting shall:

a.

Apply only to date specific rental agreements; and

b.

Not apply to renewals of existing rental agreements or contracts which are at the option of either of the parties.

c.

All rental agreements entered into after March 20, 2019, shall comply with the provisions of this section. No vacation rental shall be occupied pursuant to a contract/lease entered into after March 20, 2019, until the owner has registered the property as a vacation rental.

d.

A vested contract/lease transferred to a subsequent owner shall continue to be vested, but shall not be transferred to a different vacation rental property, provided the new owner complies with the registration requirements of this section.

(Ord. No. 19-04, § 2, 3-20-2019)

Editor's note— Ord. No. 19-04, § 2, adopted March 20, 2019, set out provisions intended for use as § 3-180. As there were already provisions set out in that section, these provisions have been included as § 3-179.1 at the editor's discretion.