These Regulations shall govern the Development and Use of Land and activities within the Village. No Building or Structure or part thereof shall be Erected, constructed, reconstructed or altered and maintained, and no existing Use, new Use, or change of Use of any Building, Structure or land or part thereof shall be made or continued, except in conformity with the provisions of these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No Building or Structure that has not been completed in substantial conformity with a Site Plan or Development plans and specifications upon which the building permit for its construction was issued shall be permitted to remain unfinished for more than six months after active construction operations have been suspended or abandoned.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to constitute a waiver or alteration of any provisions of these Regulations, nor shall any permit or approval be deemed or constructed to be a permit for or approval of any Development, use or activity that would violate any provisions of these Regulations. No permit conferring authority or presuming or purporting to confer the authority to violate or cancel the provisions of these Regulations shall be valid except insofar as the work or Use authorized by the permit is lawful and consistent with these Regulations. No permit shall prevent the Building, Zoning, and Planning Director from requiring correction of errors in plans and specifications or causing compliance with these Regulations. The Building, Zoning, and Planning Director may prevent Development operations from being carried on pursuant to any permit in violation of these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Replatted Lots. The subdivision of any land shall be by plat or waiver of plat and shall conform to these Regulations. In such re-subdivision, no Lot shall be created that does not conform to the Regulations of the zoning district within which such land is located.

(b)

Hotels or Motels. Hotels and Motels shall not be converted to Multifamily Dwellings.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No Plot may be built upon unless said Plot is accessible by a dedicated public way, or by a Private Street or way which has been approved by the Village Council following a public hearing.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

Where a Plot is to be Occupied for a Permitted Use without Buildings, the Side Yards and Front Yard required for such Plot shall be provided and maintained unless otherwise stipulated within these Regulations, except that Side and Rear Yards shall not be required on Plots that do not include Buildings and that are used only for private gardens or public parks or recreational purposes.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No residentially zoned land shall be used as a driveway or for vehicular Access to any other Lot.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No parcel of land may be subdivided into Plots which do not meet the applicable minimum size requirements set forth in these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No land shall be used for the open storage of building materials or construction equipment except in connection with ongoing construction on the same property for which a valid building permit is in effect.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

A legally constructed single Family home with Setbacks less than those required by current Regulations may be extended along the same line as the existing Building within the required Setback areas, provided that:

(1)

Such additional construction shall not encroach past the existing Building line further into the required Setback area; and

(2)

The property owner requesting such construction obtains written approval from the owners of the Abutting properties. The Building, Zoning and Planning Director is authorized to require improvements to the property to insure that the proposed construction is consistent with the intent and purposes of the zoning district.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

It is the purpose and intent of the Regulations within this section to provide procedures whereby lawful Nonconforming Structures and Uses as defined may be maintained where such maintenance will not have a detrimental effect upon other Persons or property within the vicinity, and in so doing to bring such Uses and Structures up to present standards to the maximum possible extent.

(1)

Nonconforming Use. A lawful Nonconforming Use may be continued, although such Use does not conform to the Regulations of the applicable zoning district. Any such Use shall only be changed to a permitted Use. A Nonconforming Use shall not be expanded. If such Nonconforming Use is discontinued for a period of six months, any further Use of said Building or land shall be in conformity with the Regulations of the applicable zoning district.

(2)

Nonconforming Building or Structure.

a.

To prevent changes in regulation from unduly burdening property owners, legally-established Nonconforming Structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to Nonconforming Structures shall be permitted only in accordance with the following provisions:

1.

Internal and external repairs, alterations, and improvements that do not increase the square footage of the Nonconforming Structure shall be permitted subject to the requirements of the Florida Building Code and Chapter 10 of the Village Code.

2.

Expansions to a Nonconforming Structure shall be permitted subject to the requirements of the Florida Building Code and Chapter 10 of the Village Code as follows:

a)

If the total square footage of the proposed improvement is less than 50 percent of the Structure's net square footage at the time it became nonconforming, the improvement shall comply with current regulations, except that the improvement may be constructed with a finished floor elevation equal to or higher than the finished floor elevation of the Nonconforming Structure.

b)

If the total square footage of the proposed improvement is equal to or exceeds 50 percent of the Structure's net square footage at the time it became nonconforming, the entire Structure and site improvements shall be brought into compliance with current regulations.

c)

Once the cumulative total of additional square footage of improvements equals 50 percent of the Structure's net square footage at the time it became nonconforming, no additional expansions shall be permitted and the entire Structure and site improvements shall be brought into compliance with current regulations.

d)

For the purposes of this Section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.

b.

If a Nonconforming Structure is deemed unsafe pursuant to Chapter 8 of the County Code and demolition is required, the Building or Structure shall be rebuilt in accordance with current regulations.

c.

In addition to the requirements of this Section, a lawful Nonconforming Structure may be utilized for any Use that conforms to the Regulations of the applicable zoning district within which the Building or Structure is located, provided that the use of the Nonconforming Structure is not discontinued for a period of six months.

d.

If a Nonconforming Structure is damaged by fire, flood, explosion, wind, war, riot or any other act of God, repairs shall be subject to the following provisions:

1.

If the repair/replacement cost is less than 50 percent of the Market Value, the Nonconforming Structure may be reconstructed up to the same Building height and within the same Building footprint existing prior to the damage, provided that an application for final Building permit has been submitted within 12 months of the date of such damage unless extended by the Building, Zoning, and Planning Director.

2.

If the repair/replacement cost is equal to or exceeds 50 percent of the Market Value, the Nonconforming Structure shall be brought into compliance with current regulations.

3.

For purposes of this subsection, the term "market value" refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market Value may be established by a qualified independent appraiser using the comparative sales method, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

(3)

[Reserved].

(4)

Compliance with Regulations. Nothing in this section shall diminish the responsibility of an owner to maintain his Use or Structure in full compliance with all other Village, County, State or federal Regulations or licensing procedures.

(5)

Establishment of nonconformity. For the purpose of this section, the mere possession of a valid approval to Use land or Buildings or valid license to do so without actual demonstrable Use of such land or Structure is an insufficient basis to establish lawful nonconformity.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2024-07, § 2, 4-9-24)

(a)

In all zoning districts within which Duplexes are permitted, the property owner may file an application with the Building, Zoning, and Planning Director to subdivide an otherwise legally sited Duplex Structure into two separate ownerships. The Director shall review the application based upon the criteria set forth below:

(1)

The applicant has filed a parallel application for Subdivision of the Lot and Structures into two separate single Family residential properties; and

(2)

The Structure proposed for division is designed, sited and subdivided in a manner that will not have a detrimental impact on the adjoining property or character of the surrounding area. Should the Building, Zoning and Planning Director deny the request, the applicant may file an appeal of an administrative decision.

(b)

Covenant in Lieu of Unity of Title. Notwithstanding the provisions of subsection (a), in all zoning districts within which Duplexes are permitted, the property owner may request a Covenant in Lieu of Unity of Title with the Building, Zoning, and Planning Director and shall provide a declaration of restrictive covenants, approved for legal form and sufficiency by the Village Attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. To the extent applicable, the declaration shall contain the following necessary elements:

(1)

The subject site will be developed in accordance with the approved site plan. No modification shall be submitted to the Village for approval without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought.

(2)

If the subject property will be developed in phases, that each phase will be developed in accordance with the approved site plan.

(3)

In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things:

a.

Easements in the common area of each parcel for ingress to and egress from the other parcel;

b.

Easements in the common area of each parcel for the passage and parking of motor vehicles;

c.

Easements in the common area of each parcel for the passage and accommodation of pedestrians;

d.

Easements for access roads across the common area of each parcel to public and private roadways;

e.

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel;

f.

Easements on each such parcel for construction of Buildings and improvements in favor of each such other parcel;

g.

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

h.

Easements on each parcel for attachment of Buildings;

i.

Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcels for marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

j.

Appropriate reservation of rights to grant utility easements;

k.

Appropriate reservation of rights to road right-of-ways and curb cuts;

l.

Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and

m.

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as agreed to by the parties, to ensure that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. Non-use variances created solely by separate ownerships, pursuant to this section, shall be waived.

(4)

Duration and Release. The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the owners and the Village Manager, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.

(5)

Enforcement. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21)

If a Use is not listed as a Main Permitted Use or Conditional Use in a particular zoning district it is a Prohibited Use, unless the Building, Zoning and Planning Director issues an administrative decision finding that such Use exhibits and maintains a character and intensity similar to a Use allowed in the district and otherwise would not have a detrimental effect on the surrounding neighborhood or district. Appeal of the Building, Zoning, and Planning Director's decision is to the Village Council and considered as an appeal of an administrative decision.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

Density is used to determine the maximum number of Units allowed on a site based upon the maximum allowed Density as set forth in the zoning district and as determined below:

(1)

Easement areas located within the site are calculated in the area used for determining Density;

(2)

Density from one site shall not be transferred to another site; and

(3)

The maximum allowed Density on a site shall not exceed the limit as established in the zoning district Regulations except as provided for in the Comprehensive Plan, and in accordance with section 30-73(g)(7). In such cases, where the maximum Density may be exceeded, the repair or reconstruction of a Building shall only occur within the same building envelope as was originally permitted and approved at the time the certificate of occupancy was issued. This exception only applies to multiple Family Buildings that are consistent with the land use element of the Comprehensive Plan.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2012-10, § 2, 10-9-12)

All applications for building permits shall be accompanied by a survey and Site Plan drawn to scale showing the actual dimensions of the Lot to be built upon, the size of the Building to be Erected, the Setback lines observed, and such other information as may be requisite and necessary to provide for the enforcement of the criteria contained in these Regulations. Site Plans shall be accompanied by a current survey, which shall be less than two years old for single family residential properties and less than three years old for all other properties. The survey shall contain a legal description of the property; all property lines; adjacent street edge of pavement; spot elevations at all property corners and at crown of road; easements or other encumbrances; fences or walls; and any other existing site feature, including trees, as applicable. If the survey is older than that required by this section, but conditions depicted are current, the applicant or authorized agent may submit a notarized affidavit in a form approved by the Village Attorney in lieu of a new survey. An updated survey must be submitted at the time of setback inspection and an as-built survey must be submitted at Final Inspection. A record of such application and copy of the survey and Site Plans shall be kept by the Building, Zoning, and Planning Department and available for public inspection.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21)

No land shall be Occupied or used and no Building Erected or altered shall be Occupied or used in whole or in part for any purposes whatsoever until a certificate of occupancy, a temporary certificate of occupancy or certificate of completion shall have been issued by the Chief Building Official, stating or evidencing that the Building and site on which it is located complies with these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No Building or part of a Building shall be moved from the site of original construction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

All Uses and activities shall be conducted within a Building that is completely enclosed except as provided for in these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

Failure to comply with these Regulations shall subject the violator to the penalties set forth in Article X of these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

Editor's note— Ord. No. 2025-04, § 2, adopted February 11, 2025, repealed § 30-39 which pertained to the appearance of structures and sites under construction and derived from Ord. No. 2010-6, adopted October 12, 2010.

All vacant Waterfront Lots shall have a six-foot black or green coated chain link fence along those portions of the site that face the water.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(1)

Manufactured Homes shall be prohibited within the Village as provided in Section 10-91.

(2)

A Recreational Vehicle shall be stored in a garage or Carport and shall not be permitted to remain on a property for more than 180 days in one calendar year, regardless of whether the days are consecutive.

(Ord. No. 2014-1, § 3, 1-28-14; Ord. No. 2023-09, § 2, 5-9-23)

The Director may grant development incentives if a more sustainable Site design is used in conjunction with the provision of a stormwater Easement. These incentives shall be based on the feasibility of any proposed location and whether said Site is suitable for the purposes of long-term stormwater management infrastructure planning. The following development incentives shall be made available if the property owner provides the Village with a stormwater Easement that is approved by the Director:

(1)

For Single Family and Two-Family Residential districts, the maximum Floor Area for an additional Story above the second Story, shall not exceed 30 percent of the Floor Area of the Main Permitted Use or 1,000 square feet, whichever is smaller. However, in no event shall the maximum Floor Area Ratio exceed the limitations provided in Section 30-100.

(2)

For all other districts except Single Family and Two-Family Residential districts a Floor Area Ratio bonus of up to 0.05 may be applied. However, in no event shall the Floor Area Ratio exceed the maximum allowable Floor Area Ratio for the applicable zoning district.

(Ord. No. 2023-07, § 2, 3-14-23)

(a)

Minimum Unit size requirements. The following minimum unit size requirements shall apply for all Apartment Buildings:

(b)

Affordable Dwelling Unit Requirements.

(1)

Definition. The term "affordable" as used in this section shall have the meaning prescribed in F.S. ch. 420, as may be amended from time to time.

(2)

Location requirements. All affordable Dwelling Units and market rate Dwelling Units shall be located within the same Apartment Building.

(3)

Common areas, elevators, and amenities. All common areas, elevators and amenities shall be accessible and available to all residents (both affordable and market rate Dwelling Units).

(4)

Dwelling Unit Access. Access to the required affordable Dwelling Units shall be provided through the same principal entrance(s) utilized by all other Dwelling Units in the Apartment Building.

(5)

Equivalent Dwelling Unit mix. The sizes and number of bedrooms in the affordable Dwelling Units shall be proportional to the square footage and number of bedrooms in the market rate Dwelling Units (e.g. for number of bedrooms, if 25 percent of the market rate Dwelling Units consist of two bedrooms, then 25 percent of the affordable Dwelling Units shall also have two bedrooms). Each floor within an Apartment Building shall be equally distributed with affordable and market rate Dwelling Units.

(Ord. No. 2024-15, § 2, 8-27-24)