(1)

Districts. Four zoning district classifications are hereby established governing the use of land within the village consistent with and in implementation of the village comprehensive plan:

(a)

SFR—Single-family residential: Includes primary dwellings and accessory uses;

(b)

REC—Recreational: Includes Indian Creek Country Club and related property, grounds and accessory uses;

(c)

PBG—Public buildings and grounds: Includes all buildings and grounds for public purposes;

(d)

OPF—Other public facilities: Includes all other facilities for public purposes.

(2)

Official zoning map. The areas within which these district designations apply are depicted on the Indian Creek Village official zoning map which shall be kept on file with the village clerk.

(3)

Existing restrictions. Existing restrictions of record for the subdivisions within the village shall be considered as a part of this zoning ordinance unless such restrictions are found to be unlawful or are in conflict with the provisions of the comprehensive plan and/or this ordinance, in which case such comprehensive plan and land development regulations shall control.

(4)

SFR—Single-family residential.

(a)

Permitted uses. No lot or combination of lots may be used for any use or occupied for any purpose other than as a residential dwelling for one family. A lot or combination of lots with an established, existing occupied home may also be used for accessory uses that are ordinarily customary and clearly incidental to single-family residential use within the village as determined by the village manager or his designee. Subject to the limitations contained within the Village Code certain facilities may be built to support the accessory uses, including but not limited to, docks, swimming pools and tennis courts. All plans submitted for new residential dwellings or additions or substantial renovations to existing residential dwellings shall include a site plan and, if applicable, building elevations and shall be submitted by a professional licensed architect registered in the State of Florida.

(i)

Prohibited uses. Every other use of property not specifically authorized and permitted in section (a) above, is prohibited and nothing herein shall authorize or be construed to permit the use of any part of any lot or home thereon for purposes other than as a residential dwelling. No temporary residence shall be permitted on any lot. In no instance shall landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory use.

(ii)

Accessory structures. Up to two detached accessory buildings may be constructed to support authorized accessory uses, including but not limited to, personal study, library, detached garages, cabanas, caretaker residence, guest house, boat/pool/yard equipment storage, boat houses, pool houses, gazebos, gyms, libraries or others of a similar nature as approved by the village manager or his designee. No accessory buildings shall be allowed that are susceptible of being occupied for residential dwelling purposes other than for household employees.

For the purpose of this section, enclosures for HVAC permanent standby generators and similar equipment shall not be considered as a detached accessory building.

(iii)

Nonresidential events. No owner or occupant of any lot or home may use or permit the lot or home to be used by a third party for any event or gathering (including parties), which is intended in any manner to promote, sell or introduce any commercial service, product, celebrity or brand; provided however, that nothing in this section (iii) shall prohibit a lot owner from conducting a bona fide open house solely for the purpose of displaying a home for sale to an individual or group so long as the open house is conducted during the daytime hours and no other event, gathering or activity is conducted in addition to the open house.

(iv)

Animals prohibited. Domestic or other animals in packs, herds, litters, bevy, flocks, schools, clutches, or like groups larger than three in number are prohibited unless approved by resolution of the village.

(v)

Outdoor or semi-enclosed sport facilities. Tennis courts, racquetball courts, basketball courts, or similar outdoor or semi-enclosed sports facilities shall be permitted with the following restrictions:

1.

Setbacks. The minimum setbacks for such facilities shall be:

a.

Rear or water side of the property shall have a minimum setback of 100 feet.

b.

Front of the property shall have a minimum setback of 50 feet.

c.

Side yards shall have a minimum setback of 25 feet. Any development utilizing more than one lot shall have a minimum side yard setback of 25 feet.

2.

Lighting. Lighting illuminating the facilities for the purpose of nighttime use shall be restricted to the courts themselves and shall not affect neighboring properties.

3.

Screening. All such facilities shall be screened by natural vegetation so that the facility may not be seen from the roadway.

(b)

Building site design standards. To reduce bulk or massing, creativity in design shall be encouraged to allow for a variety of building types, heights, scales and roof elevations. In order to further avoid the appearance of bulkiness, the exterior walls of the second floor shall not be placed in direct alignment with those of the first floor for the majority of the perimeter. When this situation is unavoidable, varying roof elevations, or innovative facade design shall be required.

Single-family Residential District

* Maximum accessory building size is 800 square feet

** Includes emergency generator/HVAC structure

*** No variance of setback or spacing allowed

(i)

Residential site size. A residential site size shall consist of not less than one lot with a minimum of 200 feet water frontage on the bay as platted, except only those lots which are permitted residential sites as follows:

1.

The lot known as 30A, being the northeasterly two-thirds of lot 30; and

2.

The lot known as lot 30, being the northeasterly one-third of lot 29 and the southwesterly one-third of lot 30; and

3.

The lot known as lot 29, being the southwesterly two-thirds of lot 29; and

4.

The lots known as lots 36, 37, 38, 39, 40 and 41, all of Indian Creek Golf Club Island Subdivision according to the plat thereof recorded in Plat Book 34 at page 33 of the public records of Miami-Dade County, Florida.

(ii)

Minimum building size. The residential principal building, together with its accessory buildings, shall have under roof not less than 5,000 square feet of gross floor area, at least 75 percent of which shall be under the roof of the main building. No principal building shall have more than two accessory buildings. Permitted uses for accessory buildings are limited to personal study, library, detached garages, cabanas, caretaker residence, guest house, boat/pool/yard equipment storage, boat houses, pool houses, gazebos, gyms, libraries or other uses that are similar in nature and as approved by the village manager or his designee. Emergency generators/HVAC shall not be defined as an accessory building for the purposes of this section, whether or not enclosed by a roofed structure.

Allowances shall be made for accessory buildings which are subsequently incorporated into, and become part of, the principal building. In order to not be considered an accessory building, it must be connected by a permanently and fully enclosed roofed and air conditioned space.

In all such cases, all principal building setbacks shall be met, unless a variance is granted by the village. The maximum number of accessory buildings that may be incorporated into the principal building under this subsection shall be limited to two.

All other requirements of these Land Development Regulations shall remain in effect.

(iii)

Maximum building height. No building shall have more than two stories above crown grade. No building shall exceed a maximum height of 38 feet in height. All height measurements referenced in this subsection shall be measured from the lowest habitable room finished floor elevation (excluding garages) to the highest ridge of the roof. Exceptions may be permitted for minor architectural details.

(iv)

Minimum yard setbacks. The minimum yard setbacks shall be as follows:

1.

Rear or water side of property shall have a minimum depth of 100 feet for the principal residential structure and 50 feet for accessory buildings.

2.

Front of property shall have a minimum depth of 50 feet for all structures.

3.

Side yard shall have a minimum depth of 25 feet.

(v)

Yard grades. Exterior yard grades shall be so designed to provide drainage to areas adjacent to either the waterway or Indian Creek Island Road and shall be so planned as not to cause surplus stormwater to flow on adjoining properties in excess of naturally occurring amounts or rates of flow, nor shall any grade be established higher than abutting property without the approval of the village council and provision for a retaining wall of approved design and drainage facilities serving first the community and then the owner's welfare, health and safety. Profile drawings of finished yard grade shall be submitted with building plans to support such approvals.

(vi)

Fences and walls. No fence or wall along the front or sidelines of the lot shall be higher than seven feet above the approved finished grade of the main building on the property. Fences or walls shall be setback ten feet from the front property line and shall have a landscape buffer within said setback area with landscaping of adequate size and density to shield the public in the public or private right-of-way from said wall or fence.

(vii)

Ornamental entrances, fountains, barbecues, flower bins. Ornamental entrances, fountains, barbecues, flower bins and other similar structures and improvements shall in no case exceed the wall or fence height limits.

(viii)

Swimming pools. Swimming pools may extend into the rear or water side of property areas providing that no part thereof exceed in height three feet above established yard grade. No swimming pools shall be permitted in the front or street side of the property areas.

(ix)

Open terraces. Open terraces extending into the yard area shall not exceed more than two feet above grade, provided a minimum of 15 feet unobstructed clear space remains at grade. Such terraces shall be permitted only where constructed and maintained in compliance with approved landscaping and/or site plans.

(x)

Boat houses, lands, docks, piers and mooring posts. Boat houses, boat landings, docks, piers, and mooring posts shall be constructed only in accordance with plans and specifications therefore approved by the village council and only after a Miami-Dade County DERM permit has been approved.

(xi)

Antennas and clotheslines. All television, cable and microwave devices, antennae and clotheslines or other apparatus where clothes are dried and other aerial equipment of any kind which are subject to the zoning authority of Miami-Dade County and of the village shall be permitted within the rear or water side of property. All such approved equipment shall be constructed and placed adjacent to, and in close proximity with, the buildings which it services and shall be concealed from ground level view by sufficient landscaping and architectural facilities and permitted only where constructed and maintained in compliance with approved landscaping and/or site plans so as not to adversely affect the health, safety, welfare, tranquility, aesthetic appearance and beauty of the property which the equipment services and all neighboring properties, and offsite roadways. The adequacy of the landscaping and architectural facilities, conforming with approved plans, shall be subject to the reasonable inspection and approval of the village manager or his representative. All such equipment which is not so landscaped shall be deemed a violation of the provisions of these regulations.

(xii)

Emergency generator/HVAC structure. For purposes of emergency generation of electricity a structure shall be permitted to enclose an electrical generator. Said structure shall measure no more than 18 feet (w) x 20 feet (l) x 12 feet (h) and shall not be defined as an accessory building for the purposes of this section, whether or not enclosed by a roofed structure. See Single-Family Residential District Table for setback and spacing requirements.

NOTE: Spacing and setback requirements for emergency generator/HVAC structures cannot be varied.

(xiii)

All driveways shall be set back at least 15 feet from any side property line.

(5)

REC—Recreational.

(a)

Permitted uses. Recreational uses shall include a country club and golf course, tennis courts, swimming pool, lagoon, and other purposes directly accessory and incidental thereto, including caretaker residences for a club manager and golf course superintendent and their families, and for no other purpose. No buildings shall be erected or maintained in said zone except a country club house and such buildings as are necessary for the use and maintenance of the golf course. No building or structure shall be erected or altered unless the plans, specifications and location thereof shall have first been approved by the village council.

(b)

Building site design standards.

(i)

Height limit. No structure shall exceed a height equal to 90 percent of the maximum height of the existing country club building.

(ii)

Setback. No structure may be erected closer than 100 feet from any property line except permanent parking, golf and sports facilities which shall not be constructed closer than 15 feet from any property line, except landscaping, walls, ornamental elements such as lighting, statuary, public utilities and walkways. Utility easements shall be provided as necessary to accommodate public utilities necessitated by proposed improvements.

(iii)

Aesthetics. Improvements to the country club and grounds shall be in the same style and character as the original country club. Care shall be taken to maintain the scale, and quiet elegance of the original country club. Vistas, open spaces and reserved character is to be preserved.

(c)

Non-country-club lands.

(i)

Recreation zone lands not accessory or incidental to a country club and golf course shall be restricted to a swimming pool and/or cabana.

(ii)

No such swimming pool and cabana shall be erected or altered unless the plans, specifications and location thereof shall have first been approved by the village council.

(6)

PBG—Public buildings and grounds.

(a)

Permitted uses. Public buildings and grounds uses permitted include public building uses and activities of a public nature and for the public benefit including village administration, police and fire protection, village marine patrol moorings, utility services and maintenance, public meetings, and maintenance of the health, safety, welfare, and peace of the village and its residents. Public access may be restricted in those areas where police, fire, and utility operations require more secure conditions for the safety, health, welfare, and peace of the community.

(b)

Building site design standards:

(i)

Height limit. No structure shall exceed 30 feet in height except bridge and utility structures approved by the village.

(ii)

Setback. No structure may be erected closer than 35 feet from any front or rear property line and 15 feet from any side property line, except for facilities on lot "V" and the bridge or its eastern approach, which may be constructed up to the common property line with the bridge and not closer than 35 feet to the street right-of-way, and except for permanent parking facilities which shall not be constructed closer than 15 feet from any property line, except landscaping, walls, security facilities, ornamental elements such as lighting, statuary, and walkways.

(iii)

Aesthetics. Improvements to the public facilities and grounds shall be in the same style and character as the original country club. Care shall be taken to maintain the scale, and quiet elegance of the original country club. Vistas, open spaces and reserved character is to be preserved.

(7)

OPF—Other public facilities.

(a)

Permitted uses. Other public facilities uses include building uses and activities of a public nature and for the public benefit including, police and fire protection, village marine patrol moorings, utility services and maintenance, regulated public passage and access, and maintenance of the health, safety, welfare, and peace of the village and its residents. Public access to bulkheads within OPF districts is prohibited, as access is reserved for village administration, police, fire, utility operation and maintenance.

(b)

Building site design standards.

(i)

Height limit. No structure shall exceed 30 feet in height except bridge and utility structures approved by motion of the village.

(ii)

Setback. No structure may be erected closer than 35 feet from any front or rear property line and 15 feet from and side property line, except for facilities on lot "X" and the bridge or its approaches, which may be constructed up to the common property line with the bridge and not closer than 35 feet to the street right-of-way, and except for permanent parking facilities which shall not be constructed closer than 15 feet from any property line, except landscaping, walls, security facilities, ornamental elements such as lighting, statuary, and walkways.

(iii)

Aesthetics. Improvements to the public facilities and grounds shall be in the same style and character as the original country club. Care shall be taken to maintain the scale, and quiet elegance of the original country club. Vistas, open spaces and reserved character is to be preserved.

(8)

Maintenance.

(a)

Receptacles and containers required. It shall be the duty of every person in possession, charge or control of any place in or from which foreign material, garbage, household trash, tree trimmings and yard trash is created, accumulated or produced, to provide and at all times to keep in a safe, secure and suitable place readily accessible to village authorized collection crews and agencies.

(b)

Construction site maintenance.

(i)

Site maintenance requirements. All construction sites shall be maintained in an orderly, clean, sanitary and litter-free condition shielded from view of the public and neighbors at all times, to the greatest extent feasible. Prior to the commencement of construction (or demolition) a permanent concrete wall, if proposed as part of the development project, shall be erected to shield the neighbors and the public from dust, debris and unsightliness. Said wall along the side property lines shall be constructed as approved on the site plans but shall be constructed in the initial phase of site preparation. Additionally, a landscaped buffer shall be provided as reasonably practicable and shall be maintained throughout the residential construction phase. All temporary entrance gates shall be screened.

If no wall is to be erected a dense impenetrable landscape buffer, at least six feet in height at the time of planting, shall first be installed along the side property lines. A similar landscape buffer along the front property line may be planted, but allow for site access.

As an additional measure to prevent dust and unsightliness, a temporary layer of sod shall be placed on all open areas of the construction site.

Each construction site shall be provided with refuse containers adequate and sufficient in number to accommodate the accumulation of trash and debris during the interval between scheduled removal of trash and debris from the project site. The number and type of refuse containers shall be subject to the approval of the village manager.

Noxious odors are deemed to be a public nuisance and shall be avoided to the greatest extent possible. All residents adjacent to construction sites shall be notified immediately if the potential for noxious odors exists.

(ii)

Stop work order for failure to maintain site. During the construction phase the village manager may, at his discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a reasonably clean, orderly, sanitary and litter-free condition.

(iii)

Trash and debris to be removed within five days of final inspection. Trash and debris shall be removed from the construction site and the area properly cleaned to the satisfaction of the village manager within five workdays following completion and final inspections of the work performed under a building permit, and in all instances prior to the issuance of a final certificate of occupancy.

(c)

Litter, untended vegetation and stagnant water. The accumulation of litter, untended vegetation or collection of stagnant water upon any parcel of land in the village, owned, leased or otherwise in the possession of the owner or tenant, or within the adjoining street rights-of-way is a public nuisance, a violation of land use regulation and is not permitted. No owner, tenant, or guest may permit or carry out such activity.

(Ord. No. 162, § 1, 9-22-2005; Ord. No. 180, § 1, 5-7-2007; Ord. No. 182, § 1, 6-4-2007; Ord. No. 190, § 1, 11-12-2007; Ord. No. 205, § 4, 9-4-2012; Ord. No. 215, § 2, 5-5-2015; Ord. No. 225, § 3, 9-8-2020)

(1)

Boating.

(a)

Adoption by reference of state and county boating laws. The laws of the State of Florida and of Miami-Dade County governing the operation and use of boats are hereby adopted and incorporated into the regulations of the village and shall pertain to all boats within the municipal boundaries of the village.

(b)

Boats as residences. No live-aboard boats, or boats which may be maintained or used as a place of residence, shall be allowed within the village for a period exceeding 14 days in the aggregate and not necessarily consecutively in any one year, excepting crews as may be approved by the village council.

(c)

Trees or shrubbery extending over seawall. It shall be unlawful for any owner or owners of any lot within the village to permit trees or shrubbery to extend over the seawall and bulkhead surrounding the waterfront of lots in the village so as to constitute a public nuisance, an unreasonable source of annoyance, and a violation of village land development regulations.

(d)

Maintenance of seawalls. It shall be unlawful for any owner or owners of any lot within the village where there exists a seawall between such lot and the water, to permit such seawall to deteriorate to the extent that it will encroach or fall into the water, or exhibit indications that such deterioration in any area of the seawall has progressed to a point where greater than 50 percent of its structural integrity has been lost.

(e)

Seawalls, bulkheads, retaining walls, construction, and height. Seawall, bulkhead, retaining wall or similar installation shall be of masonry or native stone construction or other material similar to the existing similar installations. The village manager shall determine whether or not any proposed construction in this regard shall comply with the requirements of this regulation. The height of all new and reconstructed existing seawalls shall be fixed at an elevation of 5.5 North American Vertical Datum 1988 (NAVD) to the top of the cap.

(f)

Boats as hazards. Whenever, in the opinion of the village manager the condition or the operation or use of any boat or equipment aboard any boat in the village is such as to constitute a hazard, either to the safe passage of other boats because of unsanitary, unsafe, unsound conditions created thereby, or because of dilapidation or unsightliness thereof, or a hazard to the aquatic environment within the village, or the conduct of its crew or other authorized users in violation of the Village Code, the owner of such boat shall, within three days after receiving notice of violation from the village manager, remove such boat from the village, and for failure to do so shall be responsible to the village for all direct and indirect costs, expenses, fines, penalties, compensations for corrective work or action undertaken by it for the purpose of removing such boats in accordance with the provisions of these land development regulations.

(g)

Speed limit on waterway. It shall be unlawful to operate any boat in the waters of the village at a rate of speed which creates a wake; provided, however, that in no case shall such boat exceed a speed limit of six miles per hour.

(h)

Endangering life or property with boats. It shall be unlawful to operate any boat in any of the waters within the territorial limits of the village in such a manner as to endanger life or property.

(i)

Discharging dangerous materials into waterway or on adjacent lands. It shall be unlawful to discharge into or deposit upon any of the waters or lands lying within the territorial limits of the village, any thing, material or substance endangering life or property or defiling the environment, health, safety, welfare, aesthetics, and character of the village. Such prohibited materials include but are not limited to oil, fuel, prohibited pesticides and other permitted chemicals not in accord with manufacturer's directions, sanitary waste, toxic and hazardous wastes, or garbage, trash and debris.

(j)

Hurricane procedures. Pursuant to State of Florida regulations, the village manager will promulgate, distribute, post and enforce regulations for the use of the waters within the village in the event of a hurricane, its threat, or other act of God or natural disaster. It is recognized that a hurricane is considered to be a natural disaster or act of God and that, therefore, certain regulations, laws and ordinances may be negated by such an event and that specifically, in this case, those dealing with anchorage and moorings is not applicable in that, under such emergency conditions, an owner's or lessee's permission may be given to moor boats belonging to others to their property during a hurricane. However, in view of the proficiency of the National Hurricane Center in predicting a hurricane, the following shall apply:

(i)

Boats secured 24 hours prior. Boats using the waters in the village for refuge will be securely moored not later than 24 hours prior to the officially predicted approach of a hurricane.

(ii)

Adequate equipment required. Such boats will be moored only with adequate equipment and safeguards in a manner so as to eliminate or minimize damage to other boats, property or persons in the village. However, no such moorings will constitute an official approval thereof by the village and no resultant damages or liability will accrue against the village.

(iii)

Damage responsibility of owner. It is clearly established that any damage to boats, property or persons following from any emergency hurricane moorings in the waters of the village will be solely the responsibility and liability of the owner of the boat, including removal, salvage of said boat, and damage to property of others resulting from such mooring.

(2)

Potable water and wellfield protection. See Miami-Dade County Health and Water and Sewer Departments, DERM and South Florida Water Management District for regulations and requirements.

(a)

Minimum level of service standards established. The minimum acceptable level of service standards for potable water and fire protection shall be such that water is to be delivered to users at a pressure not less than 20 pounds per square inch (20 psi) and not greater than 100 psi; minimum fire flows shall be maintained at not less than 500 gpm in single-family residential areas of densities of less than 5.8 units per acre; 3,000 gpm in all other recreational areas of the country club having fire safety characteristics comparable to Miami-Dade County commercial and industrial areas; automatic fire suppression systems shall be required in all buildings of six floors or more; water quality shall meet or exceed all federal, state, and county primary standards for potable water; Miami-Dade County WASA system-wide storage capacity for finished water shall equal no less than 15 percent of the county-wide average daily demand.

(b)

Added demand to water system to be established. All new construction causing added demand to the potable and irrigation water supply shall be required to establish through engineering analysis at the owners cost that such demand can be met with the existing water distribution system. If the current system is not capable of meeting the new demand within the established level of service standard, the owner must pay for all improvements necessary to increase the capacity of the system or reduce demand elsewhere to release existing capacity for the new site. Failing to provide the necessary capacity in place at the time demand is scheduled to begin will result in a denied building permit or withdrawal of the building permit and a denied certificate of occupancy.

(c)

Hazardous materials and fuel tanks to be registered. To protect groundwater recharge all hazardous materials and fuel tanks must be registered with Miami-Dade County DERM with a certified copy delivered to the village for local inventory and tracking.

(3)

Stormwater management. The management of stormwater is necessary to protect the population from the hazardous or undesirable conditions of: a. prolonged surface water accumulation; b. flooding; c. exposure and contamination of vital resources by adulterating substances or processes. To achieve such protection it is necessary that the village and property owners and visitors within the village adhere to the following regulations of DERM (Chapter 24, Code of Miami-Dade County) and/or village engineer.

(Ord. No. 215, § 2, 5-5-2015; Ord. No. 2023-233, § 2, 5-30-2023)