(a)

The Town is divided into three construction zones numbered "One," "Two" and "Three" respectively. Zones shall comprise the following designated on the official map of the Town of Golden Beach, copyright 1977, as prepared by M.E. Berry, Surveyor, Hollywood, Florida:

(b)

All Single-Family Residential land use and Construction shall comply with the requirements of this Code of Ordinances applicable to lots within the designated zones.

(Code 1989, § 13.03)

(a)

All lots and parcels of land within the corporate limits of the Town are zoned in accordance with the comprehensive plan and the provision of Charter section 1.02(a)(3) as either:

(1)

Single-Family Residential [SF].

(2)

Governmental or community facilities [CF].

(3)

Social and athletic or public recreation [R-2].

(b)

Single-Family Residential District. Within the SF district, the following uses are permitted:

(1)

Single-Family Residential Dwellings. All property within the SF district shall be used for the principal purpose of single-family residential dwellings at all times occupied as a single household by the same individual family.

(2)

Accessory Uses. Additionally, a family may use an improved property for accessory social and recreational activities customarily associated with single-family residential use within the Town, including swimming and boating.

(3)

Prohibited Uses. Except as provided in Section 66-91 governing Residential Transient Use and Section 15-10 governing Filming, no business, professional or other commercial uses are permitted from or within any SF district. No person may use any property within the SF district as a venue for any event, party, other commercial or promotional activity where a fee is charged for entry or any type of compensation is directly or indirectly given to the property owner for the use of the property, nor may any person hold any third party promotional event (other than a traditional, daytime open house) at the property for the purpose of advertising or otherwise exposing the property for sale. This prohibition shall not limit the right of any homeowner to host a non-commercial fundraising event customarily conducted from single-family dwellings within the Town, where no entry fee is charged and no compensation directly or indirectly is provided to the homeowner for the use of the property.

(c)

The Future Land Use/Transportation Map adopted by Ordinance 368-88, as amended, shall constitute the Land Use and Zoning Map of the Town until adoption of an official zoning map pursuant thereto.

(Code 1989, § 5.03; Ord. No. 556.13, § 3, 10-15-13; Ord. No. 573.17, § 2, 5-16-17; Ord. No. 597.21, § 2, 9-27-21)

(a)

Full Size Lot requirement. No building may be erected, constructed, or substantially improved in the Town unless it shall be erected, constructed, or substantially improved upon at least one Full Size Lot except as otherwise herein provided. (See definition of Full Size Lot.)

(b)

Lot joinder.

(1)

An Owner may join abutting lots or parcels of land to create a Full Size Lot of at least 75 feet of Frontage and 11,250 square feet or larger. Prior to the issuance of any building permit, the total parcel, consisting of 75 feet of Frontage and a lot size of 11,250 square feet or larger, shall be of Common Ownership and the Owner thereof shall replat, file a Unity of Title, or obtain a waiver of plat in accordance with this Code and the ordinances of the Town.

(2)

In cases of new Construction or Substantial Improvements, when the proposed work encompasses two or more lots, a Unity of Title in a form approved by the Town, shall be submitted to the Town for approval and after approval recorded in the Public Records of Dade County at Owner's expense.

(c)

Lots other than full-size.

(1)

All vacant Unimproved Lots or parcels of land of less than 75 feet of Frontage but with a minimum of 50 feet of Frontage, and a minimum area of 7,500 square feet, may be developed pursuant to the requirements for "Undersized Lots" in this chapter.

(2)

Any vacant lot, which is not a Full Size Lot, which was, on December 21, 1982 abutting other vacant unimproved real property, shall be developed together with the adjacent lot and the Owner thereof shall replat, file a Unity of Title, or obtain a waiver of plat in accordance with this Code and the ordinances of the Town. If such joinder does not create a Full Size Lot, but does have a minimum of 50 feet of Frontage and a minimum area of 7,500 square feet, the resulting lot may be developed as provided in this chapter for an Undersized Lot.

(d)

Maintenance of minimum lot size. If an existing residential structure is built on two or more abutting lots, Construction or reconstruction thereof shall be permitted only in accordance with the terms and conditions of this section, and sections 66-70 and 66-71 below.

(Code 1989, § 13.07; Ord. No. 410.95, § 1, 10-17-95; Ord. No. 427.97, § 1, 7-15-97; Ord. No. 431.98, § 1, 1-20-98; Ord. No. 573.17, § 2, 5-16-17)

Minimum requirements. Set forth below are the minimum site development requirements by Zone.

(Code 1989, § 13.08; Ord. No. 410.95, § 1, 10-17-95; Ord. No. 427.97, § 1, 7-15-97; Ord. No. 431.98, § 1, 1-20-98; Ord. No. 522.07, § 2, 8-21-07; Ord. No. 551.11, § 2, 11-15-11; Ord. No. 554.12, § 2, 9-24-12; Ord. No. 599.14, § 2, 3-18-14; Ord. No. 573.17, § 2, 5-16-17)

(a)

Purpose of district. Zone One is intended to encourage a high-quality luxury oceanfront living environment to be utilized exclusively for individually owned Single-Family homes on larger plots of land. Although the original platted lots in this land area were 50 feet in width, effective December 21 ^st , 1982, the minimum Buildable Lot sizes were increased by the Town to 75 feet in width. The Town encourages the aggregation of older narrow lots to create large oceanfront estates. These land development regulations are intended to address all of the varying site conditions. Due to the unique oceanfront characteristics of the land, with undulating land elevations along the coastal dune ridges, appropriate special criteria is included for this land area. The Site Development Criteria are provided in this section and summarized in Table 1. If conflicts between the text and table exist, the text prevails.

(b)

Minimum lot Frontage and lot area.

(1)

A Full Size Lot shall have a minimum of 75 feet of lot Frontage and 11,250 square feet of lot area.

(2)

All other Undersized Lots shall have a minimum of 50 feet of lot Frontage and 7,500 square feet of lot area.

(3)

The minimum lot Frontage and lot areas of this section and any other provisions in the Town Code regarding the subdivision of land or the establishment of Buildable, Undersized, or Full Size Lots, notwithstanding, when any property Owner subdivides or alters the dimensions or configuration of any land in Zone One, including existing Full Size Lots or any combination of Undersized Lots or Full Size Lots, after November 21, 2006, through any legal method of subdivision, including platting or waiver of plat, no resulting lot, site, tract, parcel or Lot in Zone One shall have less than: (a) 100 feet of Frontage along a Street; (b) 150 feet of depth; and (c) 15,000 square feet of area.

(c)

Minimum building square footage.

(1)

Full Size Lots. A residence constructed on any Full Size lot shall have a minimum of 3,000 square feet of Living Area.

(2)

Undersized Lots. A residence constructed on any Undersized Lot shall have a minimum of 2,500 square feet of Living Area.

(d)

Building height.

(1)

Main Residence.

a.

Primary residential structures built on lots with a street Frontage at least 50 feet in width but less than 100 feet in width shall not exceed 27.5 feet in height.

b.

Primary residential structures built on lots with a street Frontage of 100 feet in width or more shall not exceed 30 feet in height.

c.

The height measurement for main residences shall be measured from the First Finished Floor, as defined in Section 66-1, to the highest ridge of a sloped roof or to the highest point of a flat roof deck. For each foot (or increment thereof) of allowable additional height of the First Finished Floor above the minimum required, the height of the residential structure shall be proportionately reduced. Areas occupied below 18.2 feet NGVD, including only garages, storage areas, a gym, laundry room and one bathroom shall not be considered habitable areas. If any other use occurs in the area below 18.2 feet NGVD it is considered expendable from a flood or wave action damage standpoint, and those areas shall be considered habitable; therefore, the building height shall be measured from the lowest floor level below 18.2 feet NGVD.

d.

Staircases may be constructed from the lowest habitable floor to the driveway grades. Due to the main residence lowest habitable floor elevation requirement as compared to the front yard lot grades near Ocean Boulevard (above 18.2 feet NGVD vs. ten feet—12 feet NGVD) due to the FDEP Coastal Construction Control Line (CCCL) criteria, in Zone One, this subsection for staircases shall take precedence over the Town's accessory structure subsection for maximum stair heights in Zone One.

e.

The maximum height limits of this subsection shall apply to all architectural features, provided that functional chimneys may be permitted to extend no more than five feet above the maximum height limits of this subsection. Additional parapet walls up to one foot in height may be permitted above the maximum height limits for flat roofs where the sole purpose is to accommodate the placement and insulation and membrane material.

(2)

Garage/Guest Accommodations.

a.

Garages and/or guest accommodations built separate from the main house, placed near Ocean Boulevard, shall not be more than 25 feet in height, provided however, that any portion of the building over 18 feet in height shall be set back an additional one-foot for each one-foot (1:1) of additional height over 18 feet.

b.

The height measurement for free-standing garages and/or guest accommodations shall be measured from a height of two feet above the average crown of the road adjoining the site, as opposed to the height allowance for the main residence. Covered walkway structures between the garage/guest quarters and main residence shall be subject to these height limitations.

(3)

Roof-Mounted Accessory Structures. The maximum height limits of this subsection shall apply to all architectural features, provided that functional chimneys may be permitted to extend no more than five feet above the maximum height limits of this subsection. Additionally, parapet walls up to one-foot in height may be permitted above the maximum height limits for flat roofs where the sole purpose is to accommodate the placement and insulation and membrane material. On a flat roof with rooftop activities as permitted by section 66-261, set back a minimum of ten feet from each point where the main building walls connect to the roof, an open railing of not more than four feet above the finished roof deck may be permitted, subject to the approval of the Building Regulation Advisory Board.

(e)

Minimum pervious area. A minimum of 35 percent of the area of each lot shall be maintained as pervious surface. The use of pervious pavers will be considered in the calculation to the extent the applicant provides credible evidence of the permeability of the surface. Pervious area calculations shall be provided by a State of Florida registered Architect, Engineer, or Landscape Architect. Notwithstanding the above, not more than 50 percent credit shall be given for pervious pavers.

(f)

Front yard Setbacks.

(1)

Main Residence. No portion of any primary residential structure shall be placed closer to the west "front" lot line abutting Ocean Boulevard than 60 feet.

(2)

Garage/Guest Accommodations. A garage structure may be built separate from the main house, in which event it shall be set back a minimum of 20 feet from the west "front" property line. If such a structure is constructed with a second story, the front walls shall be set back an additional one foot for each one foot (1:1) of total building height above the first 18 feet.

(g)

Rear yard Setbacks. No portion of any house shall be placed closer to the east "rear" lot line abutting the Atlantic Ocean than behind a line drawn between the corners of the nearest existing residences parallel to the beach. Notwithstanding the foregoing, stairs and/or balconies may be located closer to the east "rear" lot line than behind a line drawn between the corners of the nearest adjacent residences parallel to the beach, subject to the following restriction

(1)

Elevation. The stairs and/or balconies area shall not exceed an elevation of 20.2 feet NGVD;

(2)

Width. The width of the stairs and/or balconies shall not exceed 50 percent of the width of the principal building. In addition, the stairs and/or balconies shall be aligned on the building's centerline; and,

(3)

Depth. In addition to the provisions for balconies set forth in section 66-262 which allows a four-foot encroachment into a rear yard, the depth of the stairs and/or balconies extending out past the above yard encroachment shall not exceed 25 percent of the width of the principal building.

(h)

Side yard Setbacks.

(1)

Main Residence.

a.

For lots or any combination of lots with 50 feet or more of Frontage, but less than 75 feet of Frontage, no portion of any building shall be closer than seven and one-half feet from each side lot line.

b.

For lots or any combination of lots with 75 feet or more of Frontage, no portion of any building shall be closer than ten feet from each side lot line.

c.

All residences designed as two-story structures shall be required to increase the side Setbacks along two-thirds of the length of the second story by one foot for each one foot (1:1) of building height above the first 18 feet.

(2)

Garage/Guest Accommodations. A garage structure may be built separate from the main house, in which event it shall be set back a minimum ten feet from any Side Property Line. If such a structure is constructed with a second story, the side walls shall be set back along two-thirds of the length of the second story an additional one foot for each one foot (1:1) of total building height above the first 18 feet.

(i)

Required yard space for garage/guest accommodations.

(1)

For lots or any combination of lots with 50 feet or more of Frontage, but less than 75 feet of Frontage where the main house and a garage/guest accommodations are separated, the yard space bounded by the front face of the main house and the side and front Setbacks applicable to the garage structure shall provide a minimum 1,100 square feet of landscape or hardscape that is otherwise unimproved with any permanent structure, except that a covered walkway to connect the structures, with one or both sides entirely open, the width of which does not exceed ten feet, may be erected within such yard space.

(2)

For lots or any combination of lots with 75 feet or more of Frontage, where the main house and a garage/guest accommodations are separated, the yard space bounded by the front face of the main house and the side and front Setbacks applicable to the garage structure shall provide a minimum 2,200 square feet of landscape or hardscape that is otherwise unimproved with any permanent structure, except that a covered walkway to connect the structures, with one or both sides entirely open, the width of which does not exceed ten feet, may be erected within such yard space.

(j)

Garages/guest accommodations. Subject to the restrictions of this section, a garage structure may be built separate from the main house which may be constructed with a second floor to be used as guest or servant's quarters.

(k)

Summary of development requirements. The site development requirements of this section are summarized in the table below. If conflicts between the text and table exist, the text prevails.

(Ord. No. 573.17, § 2, 5-16-17; Ord. No. 584.18, § 1, 10-30-18; Ord. No. 587.19, § 2(Exh. A), 4-16-19; Ord. No. 601.22, § 2, 8-30-22)

(a)

Purpose of district. Zone Two is intended to encourage a high-quality luxury living environment to be utilized exclusively for individually owned Single-Family homes. Although the original platted lots in this land area were 50 feet in width, effective December 21 ^st , 1982, the minimum Buildable Lot sizes were increased by the Town to 75 feet in width. The Town encourages the aggregation of older narrow lots to create larger estates. These land development regulations are intended to address all of the varying site conditions. The Site Development Criteria are provided in this section and summarized in Table 2. If conflicts between the text and table exist, the text prevails.

(b)

Minimum lot Frontage and lot area.

(1)

A Full Size Lot shall have a minimum of 75 feet of lot Frontage and 11,250 square feet of lot area.

(2)

Undersized Lots shall have a minimum of 50 feet of lot Frontage and 7,500 square feet of lot area.

(3)

Notwithstanding any other provisions in the Town Code regarding the subdivision of land or the establishment of Buildable, Undersized or Full Size Lots, if an existing residential structure is built on two or more abutting lots, no Owner may subdivide or alter the dimensions or configuration of the land, or redevelop the site which previously contained one residence on more than one lot, including existing Full Size Lots or any combination of Undersized Lots, after May 16, 2017 through any legal method of subdivision, including platting or waiver of plat, in any way which results in a lot having less than: (a) 75 feet of Frontage along a Street; and (b) 11,250 square feet of area.

(c)

Minimum building square footage.

(1)

Full Size Lots. A residence constructed on any Full Size Lot shall have a minimum of 3,000 square feet of Living Area.

(2)

Undersized Lots. A residence constructed on any Undersized Lot shall have a minimum of 2,500 square feet of Living Area.

(d)

Building height.

(1)

Residential structures built on lots with a street Frontage of at least 50 feet in width but less than 100 feet in width shall not exceed 27.5 feet in height.

(2)

Residential structures built on lots with a street Frontage of 100 feet or more shall not exceed 30 feet in height.

(3)

The height measurement for main residences shall be measured from the First Finished Floor as defined in Section 66-1, to the highest ridge of a sloped roof, or to the highest point of a flat roof deck.

(4)

The maximum height limits of this subsection shall apply to all architectural features, provided that functional chimneys may be permitted to extend no more than five feet above the maximum height limits of this subsection. Additional parapet walls up to one foot in height may be permitted above the maximum height limits for flat roofs where the sole purpose is to accommodate the placement and insulation and membrane material.

(e)

Minimum pervious area. A minimum of 35 percent of the area of each lot shall be maintained as pervious surface. The use of pervious pavers will be considered in the calculation to the extent the applicant provides credible evidence of the permeability of the surface. Pervious area calculations shall be provided by a State of Florida registered Architect, Engineer, or Landscape Architect. Notwithstanding the above, not more than 50 percent credit shall be given for pervious pavers.

(f)

Front yard Setbacks.

(1)

Lots fronting west side of Ocean Boulevard. Lots with Frontage on the west side of Ocean Boulevard shall provide front yard Setbacks as follows:

a.

For Full Size Lots, no building or part thereof, including garages, shall be erected nearer than 40 feet from the east lot line thereof.

b.

For Undersized Lots, no building or part thereof, including garages, shall be erected nearer than 40 feet from the east lot line thereof.

(2)

Lots fronting east side of Golden Beach Drive. Lots with Frontage on the east side of Golden Beach Drive shall provide front yard Setbacks as follows:

a.

For Full Size Lots, no building or part thereof, including garages, shall be erected nearer than 35 feet from the west lot line thereof.

b.

For Undersized Size Lots, no building or part thereof, including garages, shall be erected nearer than 35 feet from the west lot line thereof.

(g)

Rear yard Setbacks.

(1)

Lots fronting west side of Ocean Boulevard. Lots with Frontage on the west side of Ocean Boulevard shall provide rear yard Setbacks as follows:

a.

For Full Size Lots, no building or part thereof, including garages, shall be erected nearer than 25 feet from the west lot line thereof.

b.

For Undersized Lots, no building or part thereof, including garages, shall be erected nearer than 25 feet from the west lot line thereof.

(2)

Lots fronting east side of Golden Beach Drive. Lots with Frontage on the east side of Golden Beach Drive shall provide rear yard Setbacks as follows:

a.

For Full Size Lots, no building or part thereof, including garages, shall be erected nearer than 35 feet from the east lot line thereof.

b.

For Undersized Lots, no building or part thereof, including garages, shall be erected nearer than 35 feet from the east lot line thereof.

(h)

Side yard Setbacks.

(1)

For lots or any combination of lots with 50 feet or more of Frontage, but less than 75 feet of Frontage, no portion of any building shall be closer than seven and one-half feet from each side lot line.

(2)

For lots or any combination of lots with 75 feet or more of Frontage, no portion of any building shall be closer than ten feet from each side lot line.

(3)

All residences designed as two-story structures shall be required to increase Side Setbacks along two-thirds of the length of the second story by one foot for each one foot of building height above the first 18 feet.

(i)

Summary of development requirements. The site development requirements of this section are summarized in the table below. If conflicts between the text and table exist, the text prevails.

(Ord. No. 573.17, § 2, 5-16-17; Ord. No. 587.19, § 2(Exh. A), 4-16-19; Ord. No. 601.22, § 2, 8-30-22)

(a)

Purpose of district. Zone Three is intended to encourage a high-quality luxury waterfront living environment (Canals/Intracoastal Waterway) to be utilized exclusively for individually owned Single-Family homes. This Zone encompasses Blocks E, F, G, H, J, K, L, and M. Although the original platted lots in this land area were 50 feet in width, effective December 21 ^st , 1982, the minimum Buildable Lot sizes were increased by the Town to 75 feet in width. The Town encourages the aggregation of older narrow lots to create larger estates. These land development regulations are intended to address all of the varying site conditions. The Site Development Criteria are provided in this section and summarized in Table 3. If conflicts between the text and table exist, the text prevails.

(b)

Minimum lot Frontage and lot area.

(1)

A Full Size Lot shall have a minimum of 75 feet of lot Frontage and 11,250 square feet of lot area.

(2)

All Undersized Lots shall have a minimum of 50 feet of lot Frontage and 7,500 square feet of lot area.

(3)

Notwithstanding any other provisions in the Town Code regarding the subdivision of land or the establishment of Buildable, Undersized, or Full Size Lots, if an existing residential structure is built on two or more abutting lots, no Owner may subdivide or alter the dimensions or configuration of the land, or redevelop the site which previously contained one residence on more than one lot, including existing Full Size Lots or any combination of Undersized Lots, after May 16, 2017 through any legal method of subdivision, including platting or waiver of plat, in any way which results in a lot having less than: (a) 75 feet of Frontage along a Street; and (b) 11,250 square feet of area.

(c)

Minimum building square footage.

(1)

Full Size Lots. A residence constructed on any Full Size Lot shall have a minimum of 3,000 square feet of Living Area.

(2)

Undersized Lot. A residence constructed on any Undersized Lot shall have a minimum of 2,500 square feet of Living Area.

(d)

Building height.

(1)

Residential structures built on lots with a street Frontage of at least 50 feet in width but less than 100 feet in width shall not exceed 27.5 feet in height.

(2)

Residential structures built on lots with a street Frontage of 100 feet or more shall not exceed 30 feet in height.

(3)

The height measurement for main residences shall be measured from the First Finished Floor as defined in Section 66-1, to the highest ridge of a sloped roof, or to the highest point of a flat roof deck.

(4)

The maximum height limits of this subsection shall apply to all architectural features, provided that functional chimneys may be permitted to extend no more than five feet above the maximum height limits of this subsection. Additional parapet walls up to one foot in height may be permitted above the maximum height limits for flat roofs where the sole purpose is to accommodate the placement and insulation and membrane material.

(e)

Minimum pervious area. A minimum of 35 percent of the area of each lot shall be maintained as pervious surface. The use of pervious pavers will be considered in the calculation to the extent the applicant provides credible evidence of the permeability of the surface. Pervious area calculations shall be provided by a State of Florida registered Architect, Engineer, or Landscape Architect. Notwithstanding the above, not more than 50 percent credit shall be given for pervious pavers.

(f)

Front yard Setbacks. No building or part thereof, including garages, shall be erected closer than 35 feet to the front lot line.

(g)

Rear yard Setbacks. No building or part thereof, including garages, shall be erected closer than 35 feet to the rear lot line (Intracoastal Waterway and/or canals).

(h)

Side yard Setbacks.

(1)

For lots or any combination of lots with 50 feet or more of Frontage, but less than 75 feet of Frontage, no portion of any building shall be closer than seven and one-half feet from each side lot line.

(2)

For lots or any combination of lots with 75 feet or more of Frontage no portion of any building shall be closer than ten feet from each side lot line.

(3)

All residences designed as two-story structures shall be required to increase Side Setbacks along two-thirds of the length of the second story by one foot for each one foot of building height above the first 18 feet.

(i)

Summary of development requirements. The site development requirements of this section are summarized in the table below. If conflicts between the text and table exist, the text prevails.

(Ord. No. 573.17, § 2, 5-16-17; Ord. No. 587.19, § 2(Exh. A), 4-16-19; Ord. No. 601.22, § 2, 8-30-22)

No building may be erected, constructed, or substantially improved in the Town, unless it shall be erected, constructed, or substantially improved on a parcel of land with side yard property lines or side lot lines that are continuous straight lines. No parcel of land shall be platted, replatted, nor shall a waiver of plat be approved for any parcel of land unless the parcel has side lot lines that are continuous straight lines.

(Ord. No. 410.95, § 1, 10-17-95; Ord. No. 427.97, § 1, 7-15-97)

Determination of vested rights.

(1)

Nothing in this section shall be constructed or applied to abrogate the vested right of a property Owner to develop or build upon any lot, site, tract, parcel or Buildable Lot in Zone One established after November 21, 2006 and prior to the effective date of the ordinance from which this section derives, where the property Owner can demonstrate by substantial competent evidence each of the following:

a.

The issuance of a valid and enforceable development approval authorizing the subdivision of the property in Zone One, including but not limited to a plat or waiver of plat; and

b.

Evidence that the property Owner has detrimentally relied, in good faith, on the approval described in subsection a. above, by making substantial expenditures; and

c.

That it would be highly inequitable to deny the property Owner the right to develop and build upon the property.

(2)

Any property Owner claiming vested rights under this subsection must file an application with the Town (on a form provided by the Town) within 60 days after the effective date of the ordinance from which this section derives. The application shall be accompanied by an application fee of $500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with all documentation supporting the claim. Upon receipt of a complete application, the Town shall schedule a hearing before the Town Council. The Town Council shall hold a hearing on the application and, based upon the documentation submitted, shall make a determination as to whether the property Owner has established vested rights.

(Ord. No. 573.17, § 2, 5-16-17)

Editor's note— Ord. No. 573.17, § 2, adopted May 16, 2017, amended section 66-71 in its entirety to read as herein set out. Formerly, section 66-71 pertained to subdivision of land in Zone One, and derived from the Ord. No. 520.07, § 2, adopted Aug. 21, 2007.