(a)

Purpose and Uses.

(b)

Development Regulations.

A Development may exceed the base FAR up to and limited by the maximum base FAR as set forth above, subject to an administrative determination by the Building, Zoning, and Planning Director that the design meets one or more of the FAR Bonus criteria identified below (FAR Bonus Criteria).

The FAR bonuses, if any, must be listed on the Site Plan page and approved by the plans reviewer and the Building, Zoning and Planning Director. No certificate of occupancy or completion shall be issued unless the completed Development includes each of the bonuses listed on the approved Site Plan and the property owner executes and records a Restrictive Covenant in a form approved by the Village Attorney that each bonus shall be continually and properly maintained. Where a bonus is removed, altered, or damaged, the Village shall not issue any further Building permits until such time as the owner provides evidence of compliance with the approved site plan and the provisions of this Section.

VR and PS Districts: Designs that do not receive both bonuses 3 and 11 shall be assigned a minus .10.

VE and IR Districts: Designs that do not receive bonus 11 shall be assigned a minus .10.

*Notwithstanding the foregoing, this bonus is only applicable within 20 feet of the adjacent side property line.

(c)

Building and Wall height.

(1)

Maximum Building Height is 35 feet. The height of a Building shall be its overall height measured from the Base Flood Elevation to the highest point of the Building roof for Elevated Homes and from the crown of a road to the highest point of a roof for Non-Elevated Homes. Maximum number of stories shall not exceed two above the Base Flood Elevation; provided that one additional story is permitted subject to the following:

a.

The maximum Floor Area shall not exceed 15 percent of the Floor Area of the Main Permitted Use or 600 square feet whichever is smaller.

b.

The second story tie beam shall be no higher than 27 feet above the Base Flood Elevation.

(2)

Maximum exterior Wall height, length, and elevation of the lowest floor.

a.

The maximum exterior Wall height for a one Story Structure is 15 feet; however, nothing herein shall prevent vaulted or clearstory Walls with a maximum height of 22.5 feet.

b.

The maximum exterior Wall height is 22.5 feet above the Base Flood Elevation for Elevated Homes and the lowest floor for Non-Elevated Homes. The maximum exterior wall height may be increased six-inches for every one-foot that the lowest floor is above Base Flood Elevation not to exceed 24.5 feet.

c.

The maximum Wall height may be increased at a ratio 8:12 (up to 27 feet Wall height), as the Wall is Setback from the minimum Setback line.

d.

Twenty-five percent of the surface area of any exterior Wall or facade exceeding 35 feet in length shall be setback a minimum of two feet. Terraces, Balconies and/or Porches shall not be counted in determining the length of the Wall.

e.

[Reserved.]

f.

[Reserved.]

g.

The minimum finished floor elevation shall be the Base Flood Elevation, except for garages, which may have a ceiling above the Base Flood Elevation with a height of seven feet and six inches from the finished floor elevation. Expansions to existing Nonconforming Structures may have a minimum finished floor elevation as provided in Section 30-30(2).

h.

Understory Area.

1.

Understory area(s) shall be used only for open air activities, parking, building access, mechanical equipment, and storage. Such areas shall be designed and maintained to be free of obstructions and shall not be enclosed and/or air-conditioned at any time with the exception of limited access areas to the first habitable floor. However, understory area(s) below the lowest habitable floor can utilize non-supporting breakaway walls, structural walls or columns, open-wood lattice work, louvers, or similar architectural treatments, provided they are open a minimum of 50 percent on each side.

2.

All unenclosed, non-air-conditioned areas located directly below the first habitable floor shall not count in the unit size calculations.

3.

Understory building access. Enclosed, air-conditioned elevator and stair vestibules for access to the first habitable level of the home shall be permitted under the first habitable floor and shall be located as close to the center of the floor plan as possible and be visually recessive such that they do not become vertical extensions of exterior building elevations. The total area of enclosed and air-conditioned building access shall be limited to no greater than three percent of the lot area. All air-conditioned floor space located directly below the first habitable floor shall count in the total unit size calculations.

4.

Parking, including required parking, may be provided within the understory area, and shall be clearly delineated by a different surface finish or bollards. No parking or vehicle storage shall be permitted within a required yard.

5.

Conduits for lighting, sprinkler, piping, plumbing, and electrical, and all other building services, shall be concealed from view from the right-of-way by architectural methods.

6.

Understory ground elevation and materials. The minimum elevation of the understory ground shall be constructed no lower than one foot above the crown of road. All portions of the understory area that are not air-conditioned shall consist of pervious or semi-pervious material, such as wood deck, gravel or pavers set in sand. Concrete, asphalt, and similar material shall be prohibited within the non-air-conditioned portions of the understory area. Notwithstanding the foregoing, concrete on areas may be permitted where no more than two cars can fit (maximum 500 square feet) for the purposes of parking cars only.

(3)

Elevation of an entrance to the Main Permitted Use in the front or side yard facing a street shall be at Base Flood Elevation or above.

(4)

Exceptions to the maximum height requirements.

a.

Chimneys, flag poles and ornamental towers: Ten feet above the highest point of the roof. The floor area of the ornamental towers shall not exceed 25 square feet.

b.

Mechanical equipment, HVAC, and elevators: Ten feet above the highest point of the roof and shall be structurally screened a minimum of 12 inches above the top of unit(s). Elevator towers shall be located as close to the center of the roof as possible to minimize visual impact. The Director may require a line-of-sight study.

c.

Each parapet shall not exceed 42 inches in height above the finished floor.

d.

Railings and balustrades above the roof beam shall have a height of 42 inches.

e.

Gable end roofs: maximum 24 feet width and eight feet height to peak.

(d)

Maximum Lot elevation and drainage.

(1)

Generally. For the purpose of regulating Lot elevations there is hereby established three zones. The "Front Zone" being the area between the Building and any adjacent Street(s) but in no event being less than 15 feet from any Street(s). The "Rear Zone" being the area from the Building to the interior and rear property line(s) (or to the waterfront zone, if applicable) and to the back of the "Front Zone." The "Waterfront Zone" being the entire area within 25 feet from any body of water.

a.

"Front Zone." When a Lot is filled for Development purposes the area delineated as the front zone may not be filled to a slope no greater than 14 percent. However, the driveway grade shall not exceed ten percent above the crown of the road.

b.

"Rear Zone." When a Lot is filled for Development purposes the area delineated as the "Rear Zone" may not be filled to an elevation greater than two and one-half feet below the established Base Flood Elevation.

c.

"Waterfront Zone." When a Lot is filled for Development purposes the area delineated as the "Waterfront Zone" may not be filled to an elevation greater than six inches above the bulkhead; however, in no instance shall the height of a bulkhead or Lot be raised to a height that exceeds the maximum elevation as established in the "Rear Zone."

[d.]

Reserved.

[2]

Reserved.

(3)

Grading and Drainage. Within any zone immediately adjacent to the property line, a drainage swale of at least six inches in depth shall be provided to capture the first inch of runoff. The cross-section slope to the swale shall not exceed 14 percent. A retaining wall with a minimum of two inches above final grade shall be required to support the additional elevation necessary to provide the required drainage swale if the elevation does not meet the adjacent elevation . If the resultant perimeter grade is above the adjacent grade, a retaining wall shall be provided to retain runoff from the property. In either case, the retaining wall shall be waterproofed on the interior side. Notwithstanding the provisions of this subsection, where a property has received the maximum bonus for lot coverage pursuant to Section 30-100(b) and the adjacent properties have the same elevation as the subject property, a retaining wall shall not be required.

(e)

Setback Regulations (minimum).

^* Allowable 15-foot Front and Rear Yard Setback subject to the requirements of the table below. A dense landscape screen with a height of at least eight feet at time of planting and a potential height of at least ten feet shall be planted along the rear property line parallel to the linear width of any Building projection within the required rear yard. Access from the Building to the roof of that portion of the Building that is in the required rear yard shall be limited to an area that does not exceed 25 percent encroachment or a maximum six feet from the required Rear Yard Setback line. The same limit shall not apply to the front encroachment for deck or roof access. The maximum number of stories in the required rear yard is one story.

^** Within the Village Estate District, the following properties shall provide a Rear Yard Setback of 50 feet: 200—290 Harbor Drive.

^⁁ Where a property is located within VE, Village Estate, and has a lot area less than 10,000 square feet, the setback shall be as provided in VR, Village Residential, or as platted.

^* The maximum exterior wall height may be increased six-inches for every one-foot that the lowest floor is above Based Flood Elevation not to exceed 24.5 feet.

^*** However, nothing herein shall prevent vaulted or clearstory Walls with a maximum height of 22.5 feet.

(f)

Accessory Structures and Permitted encroachments in Required Yards.

(1)

Balcony Regulations.

a.

Railings or Walls shall be at least 50 percent open.

b.

When facing a street, the minimum projection (depth) shall be four feet and minimum length eight feet.

(2)

Boat storage.

a.

The term "boat" as used herein includes vessels and other watercraft, as defined in F.S. § 327.02(36).

b.

Boats less than 32 feet in length, not more than 120 inches in width and 13 feet six inches in height (bottom of hull to the highest point on the boat including Towers and T tops), may be stored in the VR, VE, IR, and PS zoning districts subject to all the following conditions:

1.

No more than one boat may be stored on any one Lot unless stored in an enclosed garage; and

2.

Boats and place of boat storage shall be kept in a clean, neat and presentable condition; and

3.

No major repairs or overhaul Work on or for a boat shall be made or performed on the Lot; and

4.

The boats shall not be used for living quarters, and shall be placed on and secured to a transporting Trailer. The Trailer shall be sized to accommodate the boat for which it is intended. The boat and Trailer shall be registered to any occupant of the property. Personalized watercraft (jet ski, waverunner or similar watercraft) as defined in F.S. § 327.39 are required to be placed on a Trailer pursuant to this section (canoes as defined in F.S. § 327.02(3) are not required to be placed on a Trailer); and

5.

Boats stored in a Yard that faces a Street shall comply with the following: The Trailer wheels shall be placed on a hard paved surface and the boat shall be perpendicular to the house.

(3)

Decks and screen enclosures.

a.

Decks shall provide a minimum five-foot Setback to any Lot line; Zero feet Rear Yard Setback for waterfront properties.

b.

Decks shall not exceed a height greater than that allowed for the Maximum Lot Elevation. If located outside of the required yard area, the height shall not exceed finished floor elevation.

c.

[Reserved].

d.

Screen enclosures. Screen enclosures shall be limited in height to 11 feet and subject to the following Setback limitations:

Notwithstanding the foregoing, the height of a screen enclosure shall not exceed 8.5 feet above the Base Flood Elevation at the rear and side Setback, with a gradual transition (8:12 ratio) to any greater height (up to the maximum height allowed).

(4)

Docks and mooring piles. These regulations shall apply to all properties within the single-family districts, unless addressed in the specific regulations. For purposes of this section, properties shall be identified as provided for in the Village Waterfront Property Map.

a.

General Requirements.

b.

Specific Regulations.

(5)

Driveway and Parking criteria. The following provisions shall apply to all single Family and Two-Family Developments:

a.

Points of Access. Except on a Corner Lot, all driveways shall be limited to two points of connection at the intersecting Right-of-Way. On a Corner Lot, a third point of connection shall be permitted so long as there are not more than two points of connection along one Street.

b.

Driveway material. All driveways shall be paved or covered with a compacted pervious surface such as but not limited to pervious concrete, pavers, bricks, tile, pea rock, gravel and similar materials, but not asphalt. This paving requirement applies to the construction of new single Family and Two-Family Homes on vacant Lots or any Work on existing homes which costs 50 percent or more of the assessed value of the property. Driveways, which are paved with asphalt, are permitted to be retained unless the value of renovation Work exceeds 50 percent of the assessed value of the driveway. Aprons (edge of pavement to property line) shall have the same finish as the driveway.

c.

Setbacks. All driveways shall be set back at least five feet from any side property line. All circular and hammerhead/T- driveways shall be set back at least two feet from any front and/or side facing Street property line. On Corner Lots, driveways shall be set back 15 feet from the extended Right-of-Way Intersection.

d.

Width. A maximum width of 24 feet is permitted for single Family and 36 feet for Two-Family Homes for a Lot with 75 feet or less of frontage at the property line. For all other Lots the width of a driveway or combination of driveways at the point of intersection with the Right-of-Way shall not exceed the lesser of 36 feet or 32 percent of the Lot's frontage, including side Street frontage on Corner Lots.

No Commercial Vehicle shall be parked or stored overnight except in a garage or Carport; however one vehicle that is used for commercial purposes may be placed on the property. A Sign measuring no more than three square feet may be placed on either side of such vehicle.

(6)

Fences and Walls.

a.

Generally. For purposes of regulating perimeter fences and Walls, there is hereby established three zones. The "Front Zone" being the area between any enclosed Building and a property line fronting a street but in no event less than 15 feet from said property line, and the "Rear Zone" being the area from the back of the Front Zone to the rear property line, or to the Waterfront Zone (if applicable), and the "Waterfront Zone" being the entire area within 25 feet from any Waterway.

b.

Maximum height.

1.

Front Zone. The height of a fence or Wall between any Building and Lot line shall be four feet as measured from the Lot grade, and in no case greater than six feet above crown of road elevation. Arches, columns, gates and other ornamental entry features may extend to eight feet in height.

2.

Rear Zone. The maximum height of a fence or Wall is six feet measured from the average elevation of the Lot but in no instance shall the height exceed eight feet when measured from the Adjacent Property, except arches, columns, gates and other ornamental entry features may extend to eight feet in height.

3.

Waterfront Zone. Four feet measured from the elevation of the lowest point of the Rear Yard.

4.

Additional Front Zone Regulations.

a.

Minimum setback is two feet if a sidewalk is present, otherwise zero feet.

b.

Shall be at least 75 percent open.

c.

Perimeter Walls and wood fences facing a Street shall be screened with a hedge that at time of planting shall have a minimum height of 24 inches and be planted 24 inches on center. Walls and chain link fences facing a street shall have a hedge that at time of planting having a height equal to the height of the wall or chain link fence and shall be planted on 30 inches on center

c.

Fence and Wall finish materials and restrictions.

1.

All Walls shall be finished on all side(s). Masonry Walls shall be stuccoed and painted. Wood fences shall have the structural side of the fence facing the interior of the property. Notwithstanding the foregoing, when a new fence or wall is proposed to be adjacent to an existing fence or wall, the applicant may leave the side adjacent to the existing fence or wall unfinished, provided the applicant executes a covenant in a form acceptable to the Village Attorney and records same in the Official Records of Miami Dade County, Florida, providing that in the event the adjacent lot's fence or wall is removed, the applicant's fence or wall shall be finished on the outside, as long as the adjacent lot owner permits access to finish said fence or wall.

2.

[Reserved].

3.

Chain link fences shall be coated with black or green finish materials. Chain link fences associated with court games are permitted pursuant to Section 30-100 [(f)(29)].

4.

Barbed wire and/or similar materials are not permitted.

(7)

Front Yard encroachments.

a.

Fountains: Total basin area occupying no more than 100 square feet, maximum height six feet above Base Flood Elevation, base waterline depth maximum 12 inches, and with the following Setbacks: front, five feet; interior side, five feet; and side facing a Street, ten feet.

b.

Decorative in-ground reflecting pool: Not to exceed 30 percent of the Front Zone with a maximum waterline depth of one foot and maximum height of Base Flood Elevation with the following Setbacks: front, five feet; interior side, five feet; and side facing a Street, ten feet.

c.

Streetlight: Maximum height of ten feet and no limit on the Number.

d.

Basketball pole or similar court games: Five feet from a side Lot line.

e.

Sculpture or other Artistic Feature: one with a height of five feet above Grade occupying no more than ten square feet.

(8)

Garages.

a.

Where a garage door faces a street, the garage door shall be set back the same or greater than the Dwelling. Garage doors must be compatible with the door and window details and overall architectural design of the Dwelling. The maximum width of the garage shall be 24 feet.

b.

Where Garage doors do not face a street, the minimum required front Setback shall be ten feet. The wall facing a street shall have windows that match those in the Dwelling.

(9)

Gazebos and accessory Structures.

a.

Maximum height: Ten feet Wall height above the Maximum Lot Elevation.

b.

Location: Not permitted in the Front Yard.

c.

Setbacks, Side Yard: Same as the Main Permitted Use. However, the required Rear Yard Setback is ten feet.

d.

Size: 300 square feet when encroaching setbacks. No size limit other than limits of Lot Coverage when not encroaching into required district setbacks. Measurement is from the outside of the roofline of the accessory structure or gazebo.

e.

Construction materials: Limited to concrete, block, stucco, wood, and brick or similar materials. Aluminum, sheet metal, fiberglass are prohibited.

f.

Roof top Access: Prohibited.

g.

Number: One.

h.

Waterfront view corridor: No Structure shall be permitted within an isosceles triangle with each side measuring 25 feet at the intersection of the rear and side Lot lines.

i.

Roof overhangs shall be permitted on gazebos and accessory structures but shall be setback a minimum of 3.5 feet from the property line.

(10)

Generator Regulations.

a.

Temporary or portable generators are not permitted on any multi-family, condominium or townhome property.

b.

Generators are not permitted in any yard that faces a Street.

c.

Maximum decibel level for any generator is 60 db measured at the property line as measured with a calibrated Sound Level Meter.

d.

All generators shall be setback a minimum of five feet from any property line and must be completely screened on all sides by the use of walls, fences, landscaping, or other material which extends a minimum of six inches above the top of the generator.

e.

The fuel source for all generators shall be limited to natural or propane gas.

1.

If natural gas is used as the fuel source for the generator, the natural gas shall be provided through an underground line connected to a supply at or within the public right-of-way.

2.

Propane gas shall be stored in propane gas storage tank(s). Propane gas storage tank(s) shall be limited to 500 gallons or less if placed above ground and 1,000 gallons or less if buried underground. Such tank(s) shall be installed in accordance with NFPA 58, as amended. When located in any yard facing a street, propane gas storage tank(s) shall only be permitted to be located below ground. When located above ground in the rear or interior side yard, such tank(s) shall be installed on structural slabs with the necessary wind uplift connections, screened from view in accordance with subsection c. above, and located a minimum of five feet from the adjacent Side Property Line.

f.

Generators that were permitted prior to the adoption of this Section which produce a noise greater than 60 decibels measured at the property line shall not be permitted to operate from 11:00 p.m. to 7:00 a.m. on any day of the week. The Building, Zoning and Planning Director may grant an exception to the time limitations if an occupant of the Building can provide a written statement from a physician that includes the medical condition which requires the residence to be air-conditioned.

(11)

[a.]

Heating, ventilation, and air conditioning equipment Setback Regulations. The use and location of heating, ventilation, and air conditioning compressors and equipment (HVAC) are subject to the following Setback limitations:

Additionally, HVAC compressors shall be installed on an acoustically soundproofed base or ledge with a structural visual screen around all open vertical sides of the unit(s). The screen shall extend at least one foot above the top of the compressor and shall be painted the color of the house or duplex.

[b.]

Buffering of equipment in any Yard. All equipment in a Yard shall meet the following standards:

[1.]

A sound measurement of 60 decibels measured at the property line at a height of six feet.

[2.]

Shall be enclosed with a sound barrier that is consistent with the Florida Building Code.

(12)

Hedges. No height or Setback limitations, except for the line-of-sight requirements contained in Chapter 21 of this Code.

(13)

Light. All light emanating from a property shall be directed so as to be contained on the property.

(14)

Reserved.

(15)

Pavers in Side and Rear Yards. The maximum width shall be 3.5 feet with a minimum setback of 2½ feet.

(16)

Pipe sofit enclosure. Pipes located below a ceiling that can be seen from a public right-of-way shall be enclosed in a sofit.

(17)

Porches, Porte-Cocheres, and Carports/Carport Canopies Setback Regulations. Permitted Setbacks for the uses below are as follows:

^* If a development has a Porch and a Carport, then one of these shall have a minimum 15-foot Setback.

The placement of the above uses in Required Yards are subject to the following height, area, and design requirements:

a.

Porches. The maximum width of any Porch or combination of Porches may not exceed 60 percent of the Average Lot Width. The maximum Wall height of Porches shall not exceed 14 feet above the maximum permitted Lowest Finished Floor Elevation.

b.

Carports and Porte-Cocheres which encroach into the principal Building Setback are limited to 500 square feet in area and only one such encroachment is permitted per Street frontage. The maximum height (to top of Structure) of Carport and Porte-Cochere encroachments shall not exceed 14 feet above the maximum permitted Lot elevation. The required open sides of a carport may be embellished with gates, latticework, or other architectural detail which follow the architectural language of the principal Structure and which must provide at least 50 percent open surface.

c.

Roofline of Carports, Porches and Porte-Cocheres shall differ horizontally or vertically from the principal Structure roofline.

(18)

Projections. The following Structures are permitted to project into a Required Yard for a distance not to exceed 25 percent of said Yard with a maximum projection of six feet: Awnings, balconies, bay windows (maximum width of ten feet), canopies, chimneys, cornices, sills, and other architectural features that the Building, Zoning, and Planning Director has determined are consistent with this subsection.

(19)

Railing Required. Whenever the Florida Building Code requires a railing, it shall be at least 50 percent open.

(20)

[Reserved].

(21)

Roof, roof overhangs and rooftop uses. Principal Building roofs in all single Family districts shall adhere to the following Regulations:

a.

Hip roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.

b.

Gable end roofs shall be symmetrically pitched between 6:12 and 12:12 ratios. Profile molded gables may be pitched to a 4:12 minimum ratio.

c.

Flat roofs shall have a minimum Parapet height of one foot.

d.

Shed Roofs shall have a minimum pitch of 3:12 ratio.

e.

No portion of a roof, including the gutter, shall be permitted to extend more than 5 feet into a Required Yard, nor may any portion of a roof extend closer than 3½ feet from any interior side nor 2½ feet from a side facing Street property Lot line.

f.

When a scupper drainage system is used in connection with a flat roof, the scupper cannot be located closer than 7 feet from any property line.

g.

Recreational uses: No recreational facilities shall be permitted on the roof of any Structure within the single Family zoning districts.

h.

New pitched roofs shall not use gravel or tar except for the re-roofing or repairs of existing areas.

(22)

Room additions to residential Structures and conversions of garages or Carports to living space. Are permitted subject to the following:

a.

Conversion of detached or attached garages, Carports or other Accessory Structures for the purpose of creating living space shall be permitted only if the newly created living space is consistent with FEMA requirements and the following standards.

b.

If the required off-street Parking is deleted or rendered unusable by a conversion or addition, it shall be replaced in a manner consistent with Article VII.

c.

If the Building, Zoning, and Planning Director determines that the plans indicate that future conversion may result in additional Dwelling Units not in compliance with these Zoning and Land Development Regulations, the Director may deny the plans outright, or may approve the plans with a requirement that the property owner file in the public records of Miami-Dade County, a deed restriction in a form acceptable to the Village Attorney, acknowledging the specific limitation as to the number of lawful Dwelling Units and declaring an intent to comply with such limitations, as well as advising any successor in interest of such binding limitations.

d.

For purposes of this subsection, the floor space shall not:

1.

Be used as a separate Dwelling Unit;

2.

Have separate Cooking Facilities; but

3.

May have a separate entrance so long as it (entrance) does not face a Street.

e.

If a garage or Carport is converted to living space, all exterior work shall have the same architectural style as the main residence.

(23)

Satellite dishes. Shall not have a diameter that exceeds one meter.

(24)

Sheds.

a.

Maximum Height: 7.5 feet above the Base Flood Elevation.

b.

Location: Not permitted in the Front Yard. Sheds are also not permitted in any Side Yard facing a Street unless it is behind a Wall or landscaping that prevents the shed from being seen from the road.

c.

Setbacks: Side, 7.5 feet; side facing a Street, 15 feet; rear, five feet. However, the side and rear setback may be two feet if a five-foot fence, Wall, or dense hedge exists or is installed at the time the shed is placed on the property.

d.

Size: 100 square feet.

e.

Roof top Access: Prohibited.

f.

Number: One.

g.

Waterfront view corridor: Waterfront properties shall provide the following: No Structure shall be permitted within an isosceles triangle with each side measuring 25 feet at the intersection of the rear and side Lot lines.

(25)

Solar panels and equipment. The Village encourages the use of alternative energy sources pursuant to Florida Law. Any supporting equipment, including energy storage equipment, required for operation of solar panels must be screened from the right-of-way.

(26)

Steps in Front Yard. Steps in the Front Yard shall have a maximum width of ten feet.

(27)

Steps and landings. The following regulations shall apply to steps and landings.

a.

Front Yard: Shall have a maximum width of ten feet and setback a minimum distance of five feet from the front property line.

b.

Side Yard: the maximum projection is 3.5 feet; however the width of Side Yard at the location of the steps and landing shall be a minimum of four feet.

c.

Rear Yard: Not to exceed six feet into the Required Yard.

(28)

Swimming pools.

a.

Safety Features. A residential swimming pool must meet at least one of the requirements relating to pool safety features as required by F.S. § 515.27, as amended. Notwithstanding, the Village will not accept a safety pool cover as an acceptable alternative under F.S. § 515.27, as amended.

b.

Height. Swimming pools that encroach into the required setbacks for the Dwelling shall not exceed a height greater than that allowed for the Maximum Lot Elevation. Swimming pools that do not encroach into the required setbacks for the Dwelling shall not exceed a height greater than that allowed for the finished floor elevation.

c.

Setbacks. Swimming pools shall have minimum setbacks, which shall be measured from the swimming pool's waterline to the property line, as follows:

^* Waterfront Lots may provide a zero Setback. The foregoing Setbacks shall be measured from the water's edge.

d.

Walls or Fences. Any yard that has a swimming pool shall be surrounded by a wall or fence. In addition, where an adjacent lot's wall or fence is used to satisfy the requirements of this subsection, at least one of the requirements set forth in F.S. § 515.27(1), as amended, shall be implemented as a residential swimming pool safety feature. Notwithstanding, if the adjacent lot's wall or fence is removed or destroyed, the property owner shall be required to provide a wall or fence in accordance with this subsection. With respect to the waterfront zone, this provision shall apply to the front and side yards, but not the rear property line adjacent to the waterfront.

e.

Swimming pool pumps, heaters, and similar equipment. Pool equipment shall be screened from view from the right-of-way and adjacent properties at a minimum six inches above the equipment. A perimeter wall, solid fence, or landscaping may fulfill this requirement when the equipment is set back four feet or less from a property line. Swimming pool pumps, heaters, and similar equipment shall have a minimum setback from the property line as follows:

(29)

Tennis court and similar court games. The following Regulations shall apply for fences, lightpoles, or other Accessory Structures associated with court games excluding basketball courts:

a.

Front Yard or Side Yard facing a street: Not permitted.

b.

Required Side and Rear Yard: Maximum height of fences shall be ten feet and fences shall be set back 7.5 feet from the interior Side or Rear Yards. When the fence faces a Street, the maximum height shall be ten feet and the fence shall be set back to the side Building Line.

c.

Accessory lighting fixtures, when customarily associated with the use of court games, shall be Erected so as to direct light only upon the Premises on which they are located. The maximum height of light fixtures shall not exceed ten feet when located in a Required Yard; otherwise, the maximum height shall not exceed 20 feet. Light is not permitted to be cast on any public Right-of-Way.

d.

All chain link fences shall be coated with green or black materials.

e.

Any play surface, whether paved or unpaved, when associated with said court games, shall have the following minimum Required Yards: and side when not facing a street, interior side, 7.5 feet; rear, 7.5 feet. Said surface shall be screened from a public right-of-way with landscaping of minimum height of 30 inch at planting and 30 inches on center.

(30)

Utility lines on private property. Developments on vacant Lots and additions and rehabilitation Work where the value of Work exceeds 50 percent of the assessed value of the Building, shall have all overhead utility lines (power, cable, telephone, etc.) placed underground.

(31)

Walkways. The following regulations shall apply to walkways:

a.

Front Yard: Subject to the provisions of this subsection, no maximum width.

1.

Walkways parallel to front property line. Where a walkway is parallel to the front property line, it must be setback a minimum of 2.5 feet from the front property line.

2.

Walkways perpendicular to front property line. Where a walkway is perpendicular to the front property line, no setback is required. The maximum width of the walkway within 2.5 feet of the front property line shall be no greater than five feet.

3.

Walkways encroaching on swale. A walkway not greater than five feet in width may encroach into the swale, subject to the Director or his/her designee's written approval. The aggregate sum of the driveway and the walkway shall not exceed the maximum allowable driveway width.

b.

Side Yard: The maximum width shall be no greater than four feet and shall be setback a minimum of two feet from the Side Yard property line.

c.

Rear Yard: No maximum width. Shall be setback a minimum of two feet from the Rear Yard property line.

(32)

Waterfront view corridor. No Structure shall be permitted within an isosceles triangle with each side measuring 25 feet at the intersection of the rear and side Lot lines; however, a hedge, Wall, or fence with a maximum height of four feet is permitted.

(g)

Supplemental Use Regulations in single Family and PS Parkside residential districts.

(1)

Bed and Breakfast Inns. Bed and Breakfast Inns are allowed in single family homes in the Single Family and PS Parkside residential districts subject to the following regulations:

a.

It is located in an existing single Family Building with a Floor Area not exceeding 2,000 square feet and built prior to October 24, 2000;

b.

The owner of the Bed and Breakfast Inn shall permanently reside in the Building;

c.

The Structure shall maintain public rooms (living room/dining room) for use of the guests;

d.

There shall be no Cooking Facilities in guest rooms with the exception of a microwave oven. One refrigerator with a maximum capacity of five cubic feet shall be permitted in each guestroom;

e.

Breakfast shall be the only meal served on the Premises and shall only be served to registered guests. No other meals shall be provided. The room rate shall be inclusive of meal if it is to be made available;

f.

The entire Building shall be substantially rehabilitated and conform to the Florida Building Code, these Regulations, and the Fire Prevention and Life Safety Code on the date a certificate of use and Local Business Tax Receipts are applied for;

g.

One non-illuminated Building identification Sign is permitted. The Sign shall not exceed one square foot and shall only be located on the Building;

h.

The Building shall have central air conditioning;

i.

The required off-street Parking shall be the same as for a single Family residence. The Building, Zoning, and Planning Director may require additional Parking only if the single Family character of the property is maintained with adequate landscaping and open space. Tandem Parking is allowed. The Parking area shall have a hard surface as required in section 30-180(f); and

j.

These Regulations apply to those facilities operating, but without any approval from the Village.

k.

The Building, Zoning, and Planning Director may place conditions on this use to ensure that it is compatible with surrounding properties.

(2)

Community residential facilities.

a.

Total Number of residents and/or day users is limited to six;

b.

That the applicant must obtain a license from the State regulatory agency responsible for the Regulation of such uses;

c.

A certificate of use and a Local Business Tax Receipt shall be required. No such certificates shall be issued unless the Fire Department approves the issuance of said certificates. The care provided at the facility shall be limited to personal care, shelter, sustenance, and other support services. Residents and day clients shall be ambulatory; and

d.

The Building shall have central air conditioning.

(3)

Day care facilities.

a.

Total Number of children on the Premises at any given time, including those who reside in the residence, shall not exceed six;

b.

That the age of children, excluding those of the resident Family, shall not exceed 11 years of age;

c.

That the applicant obtain a license from the State regulatory agency responsible for the Regulation of such uses; and

d.

A certificate of use, a Certificate of Occupancy, and a Local Business Tax Receipt shall be required. No such certificates shall be issued unless the Fire Department approves the issuance of said certificates.

e.

If a swimming pool is present, fencing shall include a self-closing and locking gate, 42 inches high with vertical members every four inches on center surrounding the entire pool.

f.

Hours of operation shall be limited to 8:00 a.m.—7:00 p.m., Monday through Friday. Day care facilities shall not be operated on national holidays.

(4)

Home occupations.

a.

Signage on the property or on watercraft is prohibited.

b.

No customer may be permitted in the home or on the property.

c.

Employees in the business are limited to full time residents of the Dwelling Unit.

d.

The business requires a Village Local Business Tax Receipt (Restricted).

(h)

Grand Bay Estate Development Regulations. The following Regulations shall apply to this development consistent with the approved Site Plan:

(1)

Setbacks.

(2)

Development Regulations.

(i)

Grand Bay Villas Development Regulations. The following Regulations shall apply to this development consistent with the approved Site Plan:

(1)

Setbacks.

(2)

Development Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2011-15, § 2, 12-6-11; Ord. No. 2014-1, § 4, 1-28-14; Ord. No. 2014-06, § 2, 5-27-14; Ord. No. 2014-11, § 2, 11-25-14; Ord. No. 2015-4, § 2, 6-9-15; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2024-07, § 2, 4-9-24)

C-1 Low Intensity Commercial District.

(a)

Purpose and Uses.

^* If a Use is located immediately adjacent to a single Family district, then such Use shall be closed after 6:00 p.m. Monday through Saturday. On Sunday, the hours of business are limited to 9:00 a.m. through 1:00 p.m. These restrictions do not apply from Thanksgiving through December 31 where the hours of operation shall be the same as the majority of businesses in the Village.

(b)

Development Regulations.

^* Lots must be adjacent to one another and have at least one lot line in common.

^** The FAR Design Bonus Schedule is a range based on a minimum and a maximum.

(c)

Setback Requirements.

(d)

Floor Area Ratio Design Bonus Schedule.

(e)

Performance Standards (all items apply to uses in the C-1 District).

(1)

Service Stations, automotive repair, detailing and washing.

a.

All vehicle repair shall take place within a fully enclosed Building.

b.

No windows or garage doors shall be placed within 100 feet of residentially zoned property.

c.

The overnight outdoor storage of vehicles is prohibited.

d.

Detailing/car washing shall only be permitted in a Structure or under a permitted Canopy. Canopies shall not be placed where they will interfere with on-site Parking or traffic circulation nor visible from a street.

e.

Air compressors shall be within a wholly enclosed building that prevents the transmission of noise.

(2)

Burglar alarm. The alarm bell or device shall not face residentially zoned property.

(3)

Buffering and Screening: A decorative, opaque six-foot CBS Wall shall be placed five feet from any property line adjacent to a street. The area between the property line and the Wall shall have dense landscaping. The design of the Wall and the landscaping shall be approved by the Building, Zoning, and Planning Director. The Director shall determine if the Wall and landscaping provide an adequate buffer and screen between the commercial uses and the adjacent properties. The Director may require that additional trees be placed in the swale.

(4)

Restaurants may offer alcoholic beverages for consumption on the premises if the primary Use of the property is for the sale of meals. There shall be a printed menu and food shall be available for the entire time the restaurant is open. Alcohol sales may occur as long as the restaurant is open and food is available for consumption on the premises.

(5)

The wall, which contains the main entrance into a business, shall have a minimum of 50 percent of the surface in windows and doors.

(6)

Perimeter walls or fences that face a street shall be set back two feet from the lot line.

(7)

Commercial properties may provide two way access from Fernwood Road for pedestrians, bicycles, and golf carts; however, the access shall be sited in a manner which does not result in a direct route to Crandon Boulevard.

(8)

If a roof deck contains parking spaces, it shall include an opaque 42-inch high parapet.

(9)

Stores and offices shall provide a knee wall or bulkhead between 18 and 24 inches in height.

(10)

Buildings which are on sites that include more than one lot shall provide a covered or uncovered passageway for every 200 linear feet of building facade.

(11)

When stairs are provided from a building to a sidewalk, then the width of the stairs shall not be less than ten feet.

(12)

Parking Garages.

a.

The exterior elevations of accessory parking structures shall be designed the architecturally integrated with the exterior elevation.

b.

Primary entrances to a parking structure shall not be located on the main facade of the principal use which the parking structure serves.

c.

Openings in parking structures shall be screened so that no cars, headlights, or light fixtures are visible from surrounding uses. The size and proportions of openings shall be compatible with neighboring buildings. Glazing, perforated metal panels, applied surface elements, landscaping or combinations of these that are compatible with other materials of the facade shall be used to screen openings.

d.

Driveway and pedestrian entries to parking structures shall be integrated with the ground level facade and shall include doors compatible with the design of the building.

(13)

Buildings sited at the corner of two public streets shall provide a prominent corner entrance to street level shops or lobby space.

(14)

Flat roofs shall not be visible from the street or from any floor that contains commercial or office uses. Pitched or mansard roofs shall not use tar, gravel, or asphalt shingles or other similar products as determined by the Building, Zoning, and Planning Director. Flat roofs of garages shall have a parapet or other opaque screening at least 36 inches high measured from the finished deck floor, to shield automobiles from public view at the street level.

(15)

Asphalt or other similar products as determined by the Building, Zoning, and Planning Director shall not be on the surface of any floor that is considered as common space which contains commercial or office uses.

(16)

Common space such as, but not limited to, courtyards, plazas, and pedestrian spaces shall be landscaped in accordance with the landscape standards for vehicular use areas (See section 30-238), or hardscaped for use as plazas, courtyards, and pedestrian passages integrated into the overall site layout and pedestrian circulation system. These spaces may include architectural trellis work over at least 30 percent of the top deck area, or treated with a combination of architectural and landscape elements to achieve a screening effect.

(17)

In Shopping Centers, facades which front on a street shall contain storefronts that provide the main entrance into the place of business.

(18)

All properties which have retail and/or office uses shall provide a bicycle rack or racks in accordance with the requirements in Section 30-185. This shall apply to all existing shopping centers which currently do not have bicycle racks meeting the standards in Section 30-185 as well as all new shopping centers.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2019-6, § 3, 2-5-19; Ord. No. 2022-10, § 2, 10-11-22; Ord. No. 2024-14, § 2, 8-27-24)

(a)

GU Description. Upon the acquisition of ownership of or a long term lease (five years or longer) of land by the Village, the Village Manager or designee shall indicate on the Official Zoning Map that the zoning district designation for the property is GU, Government Use.

(b)

Purpose and Uses.

(c)

Development Regulations. Council shall use the following Development Regulations:

(d)

Approval Process. Prior to establishing any new use of lands designated GU, the Village shall conduct the following public hearing(s):

(1)

The Village Council shall conduct a public hearing to determine the Use(s) to which particular land purchased for Governmental Use may be put. The public hearing before the Village Council shall be held upon at least 15 days' notice of the time and place of such hearing Published. A courtesy notice containing general information as to the date, time, and place of the hearing, the property location and general nature of the proposed Use may be mailed to the property owners of record within a radius of 300 feet of the property on which the facility will be located, or such greater distance as the Village Manager may prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. To provide additional notice to the public, the property shall be posted by a Sign or Signs indicating the action desired and the time and place of the public hearing thereon.

(2)

At the public hearing the Village Council shall consider the Use(s) to which the land should be put, from the list of Uses in paragraph (b) above, considering among other factors a recommendation by the Village Manager (if any), the public need therefore and the existing land use pattern in the area. After considering these factors and any public comment, the Village Council shall adopt a resolution establishing the Use(s) for the property and take such action as is necessary to promote and protect the public health, safety and welfare of the citizens and residents of the Village.

(3)

If the Use(s) approved by the Village Council include the construction of any Buildings or Structures on the property, the Village Council shall conduct another public hearing prior to the commencement of any construction activity. That public hearing shall be noticed in the same manner as the initial hearing described in subsection (d)(1) above. At the public hearing the Village Council shall review and evaluate a detailed Site Plan for the property, including all Buildings and improvements. At a minimum, the Site Plan shall contain a schedule of development criteria as set forth in subsection (c) above. In its review and approval, the Village Council shall apply the development regulations in subsection (c) above, except that the Village Council may waive the regulations or any part of the regulations in the interest of the public health, safety and welfare to provide the facilities to serve the public. After considering the Site Plan, recommendations of the Village Manager (if any) and public comment, the Village Council may by resolution take such action as it deems necessary or appropriate to promote and protect the public health, safety and welfare of the citizens and residents of the Village, including the approval of the Site Plan with any modifications thereto.

(e)

Permitted Recreational Activities. Subject to the approval of a Beach Management Plan pursuant to subsection (f) and the supplementary regulations in subsection (g) the activities as described below shall be considered Main Permitted Uses on lands within the GU District which are seaward of the Erosion Control Line (as identified in Section 1.03 of the Village Charter) where such activities occur as ancillary and supportive of principal uses conducted on the upland contiguous privately owned property.

¹ Special Events shall be limited to the following: organized athletic events, meetings, parties, weddings, fireworks displays, or professional film activities and shall be subject to obtaining a Special Event Permit pursuant to section 17-5 of the Village Code.

² Up to six non-motorized Vessels (as defined in Section 327.02(37), Florida Statutes) shall be permitted for use in conjunction with and as accessory to hotels of at least 250 rooms or private beach clubs. They shall be operated only through an approved channel authorized under section 4-32 of the Village Code, and shall be uniformly marked and painted in a uniquely identifiable manner associated only with the hotel property or private beach club. Additionally, except for an authorized rescue vessel approved under subsection (g)(9) below, the use of motorized vessels is absolutely prohibited.

³ Nothing in this section shall be construed or interpreted to preclude individual Village residents from the legal use and enjoyment of the public beach area, or deny or impair the common law riparian rights of persons owning property which fronts the public beach area, or to require that individual residents (including specifically residents within any multifamily apartment building) obtain an approved Beach Management Plan for such activities.

(f)

Beach Management Plan Approval. As a condition to the establishment, use and operation of any of the uses listed in subsection (e) above (except for Special Events which require a Special Event Permit), a plan for the proposed use and operation (Beach Management Plan) shall be submitted and approved by the Village. Except for the use of lounges, chairs and umbrellas, all Beach Management Plans shall require the approval of the Village Council after a public hearing noticed in accordance with section 30-68 of the Village Code. Beach Management Plans for the use of lounges, chairs and umbrellas shall be approved by the Village Manager. In the approval, the Village Manager or Village Council must find that the proposed activity(ies) comply with the requirements of this section and do not constitute a threat to public safety or welfare or constitute a danger or impediment to the public beach area. The Village Council or the Village Manager shall impose reasonable restrictions and conditions on the approval of the Beach Management Plan in order to preserve the health, safety and welfare of the Village residents. Violation of any provision of the approved Beach Management Plan automatically results in the revocation the Beach Management Plan approval. Nothing in this section shall be construed or interpreted to preclude individual Village residents from the legal use and enjoyment of the public beach area, or deny or impair the common law riparian rights of persons owning property which fronts the public beach area, or to require that individual residents (including specifically residents within any multifamily apartment building) obtain an approved Beach Management Plan for such activities.

(1)

Beach Management Plan Application and Procedures. In a form provided by the Village, all Beach Management Plans shall be submitted to the Village Manager and shall contain the following information:

a.

A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas and where the use of Vessels is proposed, the proposed location of a channel to be approved by Village Council pursuant to section 4-32 of the Village Code;

b.

If applicable, the number of proposed Vessels;

c.

Proposed hours of operation;

d.

Proposed safety and emergency plans;

e.

If applicable, storage, hours of use and method of fueling of an all terrain vehicle authorized under subsection (g)(10) below;

f.

Indemnity and Insurance (with Village as additional insured) in a form and amount approved by Village Attorney;

g.

Proof of ownership of adjacent upland property or written authorization from upland property owner;

h.

Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to section 30-4 of the Village Code;

i.

Any additional information as reasonably required by the Village Manager.

(g)

Supplementary Regulations. The recreational activities identified in subsection (e) shall be subject to the following restrictions:

(1)

All activities shall be conducted as accessory to the adjacent contiguous upland property.

(2)

It is prohibited to conduct the sale or rental of any equipment or food and beverage item associated with any permitted activity upon the public beach. The sale or rental shall only be conducted upon the associated upland private property.

(3)

None of the permitted activities shall be conducted or maintained outside of the property area contained within the extension of the side lot lines of the upland property as they extend seaward toward the waterline.

(4)

Activities adjacent to the upland hotel and private beach club properties shall be setback 20 feet from the adjacent property side lot lines as extended seaward toward the waterline.

(5)

Activities adjacent to the upland multi-family residential properties shall be setback 20 feet from the adjacent property side lot lines as extended seaward toward the waterline.

(6)

None of the permitted activities including the storage of any equipment shall be maintained or conducted within five feet of the dune as defined pursuant to Section 161.54, Florida Statutes, or within 15 feet of the waterline, unless overnight storage on the public beach is approved pursuant to a Beach Management Plan.

(7)

Except for one corporate insignia, no larger than 20 square inches identifying the applicant or the upland property owner, commercial advertising shall be prohibited on all equipment associated with any approved activity.

(8)

Except as approved pursuant to a Special Event Permit, hours of operation shall be limited to between sunup and sundown each day and all equipment, furniture, and temporary structures (if any) shall be removed from the public beach by sundown each day unless overnight storage on the public beach is approved pursuant to a Beach Management Plan. This limitation shall not apply to the use of chairs and lounges for viewing fireworks displays on Independence Day or New Year's Eve.

(9)

The use of non-motorized vessels shall be prohibited without the onsite provision of one personal watercraft as defined in Section 327.02, Florida Statutes, maintained in good working condition and available at all times for emergency rescue purposes. The personal watercraft shall have a four stroke engine or best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U.S. Coast Guard safety requirements.

(10)

Except for an unenclosed motorized all terrain vehicle approved pursuant to a Beach Management Plan, it is prohibited to use or operate or to allow another to use or operate upon, or along the public beach, or upon any beach or shoreline or waters adjacent thereto, any motorized vehicle. The private use of an all terrain vehicle must be limited in use to the loading and unloading of equipment permitted under an approved Beach Management Plan. This prohibition shall not apply to any municipal, county or state vehicle, or to any vehicle or equipment authorized by the Village to be used or operated for a public purpose.

(11)

Approval of a Beach Management Plan does not exempt user from adhering to all local, state and federal statutes and regulations and requirements, including, but not limited to, Article II "Local Business Tax Receipt" of Chapter 25 "Taxation" of the Village Code.

(h)

Change Upon Sale or Lease Expiration. Upon the sale (or expiration of a long term lease) of GU land that was owned (or leased) by the Village, the Village Council shall change the zoning district designation pursuant to the procedures established in this section.

(i)

Conflict. This section 30-102 shall be the exclusive regulation governing lands designated GU, and to the extent that it conflicts with any other section of this chapter, this section shall control.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

(a)

Purpose and Uses.

(b)

Development Regulations.

* See section 30-73(g)(7).

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2012-11, § 2, 10-9-12)

(a)

Purpose and Uses.

(b)

Development Regulations.

(c)

Performance standards (items apply to Uses in the I District). Perimeter Walls or fences that face a Street shall be set back two feet from the Lot line.

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

(a)

Purpose and Uses.

^* Key Colony pursuant to the Site Plan as approved by Dade County. Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council. Both Developments are previously approved Developments of Regional Impact (see notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the Development rights of these two projects).

(b)

Development Regulations.

^*  Key Colony pursuant to the Site Plan as approved by Dade County.
Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council. Both Developments are previously approved Developments of Regional Impact (see notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the Development rights of these two projects).

(c)

Setback Regulations.

^*   Key Colony pursuant to the Site Plan as approved by Dade County.
Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council. Both Developments are previously approved Developments of Regional Impact (see notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the Development rights of these two projects).

(d)

If a Building is damaged by a natural disaster or other casualty, the application of the above Development Regulations shall not preclude the repair or reconstruction of any Building or portion thereof; however, the repair and reconstruction work shall only occur within the original building envelope and with the same or fewer number of Units than existed prior to the natural disaster or other casualty.

(e)

Performance standards (items apply to Uses in the RM-10 District). Perimeter Walls or fences that face a Street shall be set back two feet from the Lot line.

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

O-1 Low Intensity Office District.

(a)

Purpose and Uses.

(b)

Development Regulations.

(c)

Performance standards.

(1)

Walls facing a Street shall include a minimum of 50 percent of the surface in windows and doors.

(2)

Walls facing residentially zoned property shall not have windows; however the design of the Wall shall include architectural treatments that add visual interest such as scoring, caps, columns, reveals, and similar architectural treatments. The design shall be approved by the Building, Zoning, and Planning Director.

(3)

For properties that front on Crandon Boulevard, the performance standards of the C-1 Low Intensity Commercial District, subsection 30-101(e) shall apply.

(d)

Burglar alarm. Shall not face residentially zoned property.

(e)

Buffering and screening. A decorative, opaque six-foot CBS Wall shall be placed on any property line that is adjacent to a residential district. There shall be a five-foot Setback from the Wall. This area shall be landscaped with dense materials. The design of the Wall and the landscaping shall be approved by the Building, Zoning, and Planning Director. The Director shall determine if the Wall and landscaping provides an adequate buffer and screen between the office Uses and the Adjacent Properties.

(f)

Perimeter Walls and fences that face a Street shall be set back two feet from the Lot line.

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

(a)

Purpose and Uses.

(b)

Development Regulations.

^*  See Lot Coverage definition in Article II. Lot Coverage shall also include non-roofed areas enclosed by Walls (excluding Building Walls) which exceed six feet in height. Lot Coverage shall also include any boat storage facility (rack) which exceeds ten feet in height when measured from the ground to the top of the uppermost boat. Additionally, an increase of up to five percent of Lot Coverage is permitted for Gazebos, Porches, or similar Structures.

(c)

If a Building is damaged by a natural disaster or other casualty, the application of the above Development Regulations shall not preclude the repair or reconstruction of any Building or portion thereof; however, the repair and reconstruction work shall only occur within the original building envelope and with the same or fewer number of Units than existed prior to the natural disaster or other casualty.

(d)

Site Plan review shall be required pursuant to these Regulations. The following criteria shall also be utilized for water and marina dependent Uses:

(1)

Must have a minimum four-foot depth at mean low tide in the marina basin, canal and Access channel, and direct Access to the intracoastal waterway (if applicable) or to another dredged channel or area with a minimum of six feet clearance at mean low tide.

(2)

Must be compatible with existing and surrounding land Uses and of sufficient site to accommodate the specific project and the required Parking.

(3)

Oceanfront property should preserve or improve traditional public shoreline Uses and public Access to estuarine and coastal waters, preserve or enhance the quality of the estuarine and coastal waters, water circulation, tidal flushing and light penetration, and preserve archeological artifacts or zones and preserve or incorporate historic sites.

(4)

Shall provide substantiation that the project is consistent with the purpose of the zoning district.

(5)

Shall demonstrate that the Development is compatible in terms of scale and Uses with Adjacent Properties.

(6)

Shall demonstrate that the impact on the infrastructure is consistent with the Level of Service established in the master plan.

(7)

Shall list the benefits to the community in terms of urban, economic, and cultural impact.

(8)

Construction or subsequent operation of any new or expanded marina shall not destroy or degrade hammocks, pinelands, salt marshes, mangrove protection areas, seagrass, hard bottom communities, or habitats used by endangered or threatened species, unless approved by the appropriate regulatory agencies.

In making the above determinations, the Building, Zoning, and Planning Director may require the applicant to provide documentation and studies supporting such findings. An application for Site Plan review shall address each of the above criteria.

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

(a)

Purpose and Uses. The PROS Public Recreation and Open Space Use District is an alternative zoning district to the GU Government Use District, where the Village has ownership or a long term lease (five years or more) of land and desires to use the land for public recreation or open space purposes.

(b)

Development Regulations. In approving development for lands designated PROS, the Village Council shall use the following Development Regulations:

(c)

Approval Process. Prior to establishing any new use of lands that are designated PROS, the Village shall conduct a public hearing or hearings pursuant to the procedures set forth in section 30-102, GU Government Use District. Upon the sale (or expiration of a long term lease) of PROS land that was owned (or leased) by the Village, the Village Council shall change the zoning district designation pursuant to the procedures established in section 30-102, GU Government Use District.

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

General provisions:

(1)

Determination of Yards. When the definitions of Yards do not clearly determine the Front, Side or Rear Yard, the Building, Zoning, and Planning Director shall be guided by the pattern of Development in the vicinity of the Lot and the platting of the Lots in question in determining what is the applicable Yard.

(2)

Double frontage Lots. The required Front Yard shall be provided on each Street frontage. Unless provided for in these Regulations, Accessory Structures shall not be provided for in either Yard.

(3)

Private roads. The Setback shall be measured from the centerline of a private road.

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

(a)

Awnings.

(1)

Commercial and Office Districts. Awnings facing a Right-of-Way must maintain a Setback of at least 18 inches from the edge of pavement, and are subject to the approval of the Building, Zoning, and Planning Director. The decision shall be based on the height of the Awning, design, and relationship to the Building, sidewalk and intended Use of the space beneath the Awning.

(2)

All other districts except Single Family and PS Parkside Residential. Awnings shall not project closer than three feet from any Lot line or have a total projection that exceeds 7.5 feet.

(b)

Canopies. A Canopy shall be permitted to extend from an entrance door fronting a Street. The Canopy may extend to within 18 inches of the property line. Such canopies shall not exceed 15 feet in height and 12 feet in width or be screened or enclosed in any manner and shall provide an unobstructed, clear space between the grade and the bottom of the Canopy valance of at least seven feet. The location of vertical supports for the Canopy shall be approved by the Engineering Division.

(c)

Carports. Not permitted.

(d)

Decks and Screen Enclosures (whether or not associated with a pool) Setbacks.

(e)

Driveways and sidewalks on private property. Five feet from side or rear Lot line.

(f)

Fences and Walls.

(1)

Generally. For purposes of regulating perimeter fences and Walls, there is hereby established three zones. The "Front Zone" being the area between any Building and the adjacent Street(s), and the "Rear Zone" being the area from the back of the Front Zone to the rear property line.

(2)

Maximum height.

a.

Front Zone. Except for arches, columns, gates and other ornamental entry features which may extend to eight feet in height, the height between any Building and adjacent Street(s) shall be limited to six feet measured from the crown of the road.

b.

Rear Zone. Six feet from the average grade of the Lot or to the allowable height of a permitted Wall on the contiguous Lot. The height, when measured form the grade of the contiguous Lot is further limited to eight feet, except by mutual consent of the contiguous Lot owners, the height may extend to four and one-half feet above BFE. For fences associated with tennis courts and other court games the maximum height is set forth in subsection (p) below.

c.

Arches. May go up to nine and one-half feet in the Side Yard only.

(3)

Fence and Wall finish materials and restrictions. The fence and Wall finish materials and restrictions shall be the same as the Single Family and Two-Family districts.

(4)

Corner Line of sight triangle on private property. At a Street corner, the maximum height of a Wall, fence, or landscaping is 2.5 feet measured 15 feet along the intersection of property lines. Landscaping in this triangle is limited to shrubs.

(g)

Hedges. No height limit except with regard to corner visibility where Regulations listed in subsection (f)(3) above.

(h)

Lightpoles. 15 feet.

(i)

Marine Structures. As set forth in section 30-100(f)(4).

(j)

Mechanical equipment. Air conditioning, water pumps, and similar equipment shall be permitted in a Required Yard subject to the following:

(1)

Not located in any Yard facing a Street.

(2)

Provide a minimum five-foot Setback to the Lot line.

(3)

Shall provide a solid acoustical screen at least one foot above the top of the air conditioner compressor and along the sides. Perimeter Walls may be used as the acoustical screen where the height of the Wall extends at least one foot above the equipment.

(4)

If located on a roof, the equipment shall be screened from view in a manner that a Person standing on the sidewalk opposite the site cannot view the equipment.

(k)

Parking facilities, at grade Lots and garages.

(l)

At-grade Parking Lots with six or more spaces.

a.

Required Setbacks:

b.

Landscaping shall be provided for as set forth in Article IX.

c.

At-grade Parking Lots, when an Accessory Use and located under a Building, shall comply with the Setbacks as set forth for the Main Permitted Use. At-grade Lots which are not under a Building shall comply with the Setbacks listed in subparagraph (1)a. above.

(2)

At-grade Parking Lots with fewer than six spaces. These Lots shall provide a five-foot Setback to any property line and include a car stop per Parking space. The Setback area shall be landscaped. Terminal islands are not required.

(3)

Parking Garage, attached or detached to a Building, shall have the same Setbacks as the Main Permitted Use.

(l)

Projections. Every part of a Required Yard shall be open to the sky, except as provided for in these Regulations. The following may project into a Required Yard for a distance not to exceed 25 percent of the Required Yard up to a maximum projection of six feet, unless provided for below:

(m)

Shed Regulations.

(n)

Solar heating panels. Shall be visually screened from the adjacent Rights-of-Way, or set into the roof so that the solar panel is flush with the upper roof surface.

(o)

Swimming pool, hot tubs, spas or similar Use. Setbacks measured to water's edge. (see subsection (d) above for Setbacks for Decks and Screen Enclosures):

^*  Modifications to the fence, gate or latch: The Building Official may make modifications in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, Wall, gate or latch or the necessity thereof, provided the protection as shown hereunder is not reduced thereby. The Division may permit other protective devices or Structures so long as the degree of protection afforded by the substitute device or Structure is not less than the protection afforded by the Wall, fence, gate and latch described in division (o)(6) above.

(p)

Temporary Structures. Five feet or as required by the Florida Building Code.

(q)

Tennis courts and similar court games. The following Regulations shall apply for fences, lightpoles or other Accessory Structures associated with court games in all districts.

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

(a)

General provisions. Accessory Uses shall comply with the following general provisions:

(1)

They shall be located on the same Lot as the Main Permitted Use.

(2)

They shall be incidental to and customarily associated with the Main Permitted Use. In making this determination, the Building, Zoning, and Planning Director may require the applicant to provide evidence that said Use meets this criteria.

(3)

Off-Street Parking and loading spaces shall be considered as Accessory Uses in all districts unless listed as a Main Permitted Use or Conditional Use.

(4)

A Use other than those listed in this section may be considered as an Accessory Use if it is customarily associated with one of the Main Permitted Uses and if the Building, Zoning, and Planning Director finds that the Use complies with the below mandatory criteria:

a.

The Use complies with items (1) and (2) above;

b.

The Use is consistent with the purpose of the Zoning District in which it is located;

c.

That the necessary safeguards will be provided for the protection of surrounding property, Persons and neighborhood values;

d.

That the public health, safety and general welfare of the community will not be materially and adversely affected; and

e.

It is consistent with the master plan.

Appeal of the Building, Zoning, and Planning Director's decision pertaining to any finding shall be to the Village Council as an appeal of an administrative decision.

(b)

Accessory Uses in the Single Family and PS Parkside Residential District. See section 30-100.

(c)

Accessory Uses in the Commercial District.

(1)

The storage of supplies or merchandise that are associated with the Main Permitted Use.

(2)

The assembly of prefabricated products that are sold or used on the Premises.

(d)

Accessory Uses in the GU Government Use District. See subsection (a) above.

(e)

Accessory Uses in the HR Hotel Resort District.

(1)

Retail Uses sized to serve the needs of Hotel guests.

(2)

Bars, restaurants, lounges, and recreational facilities sized to serve the needs of Hotel guests and residents of the island.

(f)

Accessory Uses in PUD Planned Unit Development Districts. Private Clubs (membership to the Private Club may be open to the general public), restaurants, office, Retail, recreational facilities, and similar Uses, provided such Uses have no direct Access to the exterior of the Building and no exterior signage.

(g)

Accessory Uses in the Institutional District. Schools, cafeterias, chapels, meeting rooms, day care facilities, and special events.

(h)

Accessory Uses in RM Multiple Family Districts. Recreation facilities and Private Clubs (provided they are for the exclusive Use of residents and owners of the Development and their guests, and are not open for general membership), restaurants, office, Retail and similar Uses, provided such Uses have no direct Access to the exterior of the Building and no exterior signage.

(i)

Accessory Uses in the Office District. The storage of supplies that are associated with the Main Permitted Use; Retail Uses directly serving the office Uses they are associated with on the first occupied floor of the Building only and not to exceed 50 percent of the first floor area, exterior signage or exterior entrances directly into the Retail Uses prohibited.

(j)

Accessory Uses in the PC Private Club District. Shall include, but not be limited to the following: club houses, marinas, dock master's office, social halls, meeting rooms, Bars, dining rooms, card rooms, tennis courts, swimming pools, restaurants, Parking facilities, docks, fixed or floating, breakwaters, boat Trailers, trailered boat storage, boat ramp, outdoor dining, Gazebos, children's play area, sailing school, tennis school, summer camp, exercise facilities, outdoor grill, fish cleaning tables, members' store, mooring piles/buoys, a temporary overnight facility serving the needs of the club and those that remain on their boats overnight and similar recreational facilities, maintenance sheds, temporary Tents, marine fuel storage and sales, minor marine repairs, small boat crane/hoist, marine pump-out station, small sailboat rack storage and security entrance gate and Building.

(k)

Accessory Uses in the PROS Public Recreation and Open Space District. See subsection (a) above.

(l)

Uses in districts not listed above. Review criteria listed in subsection (a) above shall apply.

If a Use is not listed above, it may be permitted if the Building, Zoning, and Planning Director finds it is consistent with the criteria listed in subsection (a) above.

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

(a)

Alcoholic beverages. The Village shall use the Miami-Dade County Ordinance for purposes of regulating the sale of alcoholic beverages, except that package stores shall be permitted as a conditional use in the C-1 Low Intensity Commercial district as set forth in Section 30-101; however, in no instance shall alcoholic beverages be offered for sale for consumption on the Premises, except in bars, as incidental to restaurants, within 500 feet of a place of worship, a school or from a parcel immediately adjacent to a single Family district. The distance measurement shall be a straight line measured from the property line where the establishment is located to the nearest point of the property line of the school or place of worship. Grocery stores shall be limited to the sale of beer and wine only for consumption off premises. No establishment, except for Hotel room service, shall offer alcoholic beverages for consumption on or off the Premises between 2:00 a.m. and 7:00 a.m. on any day of the week, except as permitted by an extended hours license granted pursuant to the Conditional Use procedures set forth in section 30-72. However, beer and wine may be sold, for off premises consumption only, 24 hours. The Village Council may grant an extended hours license, to allow an establishment to offer alcoholic beverages for consumption on or off the Premises as late as 4:50 a.m. In evaluating such requests, the Village Council shall use the following criteria:

(1)

The number of off-street Parking spaces;

(2)

The amount and degree of law enforcement activities; and

(3)

The impact on Adjacent Properties in terms of noise and traffic.

The Village Council may require, as a condition of granting an extended hours license, conditions to mitigate the adverse impacts that such establishments have on Adjacent Properties. The extended hours license is personal to the applicant and shall not be transferred or assumed without the approval of the Village Council pursuant to the Conditional Use procedures set forth in section 30-72. An extended hours license is automatically renewed unless it is suspended by the Village Manager. Following the suspension, the Village Council shall hold a public hearing to determine it should be reinstated or revoked. The Village Manager's decision to suspend the extended hours license must be based on a determination that the Use is harmful to the health, safety, and welfare of the Village. The Council shall determine whether there is competent and substantial evidence to support the decision of the Village Manager using the process for an appeal of an administrative decision (See section 30-70). Prior to a decision to suspend an extended hours license, the Police Chief shall submit a report and recommendation to the Village Manager. The report shall address the criteria listed in subparagraphs (1)—(3) above [sic].

The granting of an extended hours license is a privilege subject to revocation by the Village Council at any time. As such, no Person may reasonably rely on a continuation of the privilege.

(b)

Amusement devices. Such as video games, pinball and similar mechanical devices, as an Accessory Use subject to the following Regulations:

(1)

Must be accessory to a Hotel.

(2)

All devices shall be located inside a wholly enclosed Building and not visible from any Street.

(c)

Cabanas. A cabana shall not exceed 300 square feet and shall not have 220 volt electrical service. One five-cubic foot refrigerator is permitted. Air conditioning is not permitted.

(d)

Commercial and office Uses adjacent to residential districts. A six-foot perimeter CBS Wall shall be placed on any property line between any commercial or office district and an adjacent Single Family district or the PS Parkside Residential District. A three-foot Setback shall be provided between the Wall and sidewalk when present. This Setback area shall be landscaped to buffer the non-residential Development from the residential Development. In addition, the Building, Zoning, and Planning Director may require additional Street trees planted in the Right-of-Way for purposes of creating a buffer.

(e)

Communication Towers. It is the intent of the Village to regulate the installation of Communication Towers so as to limit possible adverse economic, aesthetic, and safety impacts from such installations, and thereby promote the health, safety, and general welfare of the community. Consistent with this intention, Communication Towers are permitted as follows:

(1)

Monopole Towers are only permitted in RM-30 High Density Multiple Family District, HR Hotel Resort District, the PUD Planned Unit Development Districts, and the GU Government Use District subject to approval by the Village Council pursuant to the Conditional Use procedures set forth in these Regulations. The Tower(s) shall only be mounted in a location or have screening that prevents them from being seen from a public Right-of-Way. The finish on the Towers shall blend into the sky and the color of the Building. Towers which are located below the parapet are permitted in the above districts subject to approval by the Building, Zoning and Planning Director.

(2)

The specific location which is proposed for the Tower must be necessary to provide service to a particular geographical area;

(3)

The Tower may not adversely affect the existing character of the surrounding area; and

(4)

Approval of the Tower will not be detrimental or injurious to the health, safety, and general welfare of Persons working or residing within the vicinity of the site.

(f)

Community residential facilities. These facilities shall be considered subject to the Conditional Use procedures set forth in these Regulations and restricted to those districts which list such Use as a Conditional Use subject to the following restrictions:

(1)

Restrictions as set forth below:

a.

That the applicant must obtain a license from the State regulatory agency responsible for the regulation of such uses;

b.

A certificate of use and Business Tax Receipt shall be required. No such certificates shall be issued unless the Fire Department approves the issuance of said certificates; and

c.

The care provided at the facility limited to personal care, shelter, sustenance, and other support services. Residents and day clients shall be ambulatory;

(2)

Site Plan Review approval as set forth in these Regulations; and

(3)

Density shall not exceed 16 Units per acre. If the Community Residential Facility is located on property that contains several other Uses, then only the area that is directly associated with the facility shall be used to determine density. For density purposes, two beds equals one Unit, regardless of the Number of sleeping rooms.

(g)

Day care facilities.

(1)

Commercial, Institutional, Hotel Resort, and Planned Unit Development Districts: Day care facilities are permitted in these districts subject to the restrictions below as either Main Permitted Uses or Accessory Uses.

a.

That the applicant obtain a license from the State regulatory agency responsible for the regulation of such Uses; and

b.

A certificate of use, a certificate of occupancy, and Business Tax Receipt shall be required. No such certificates shall be issued unless the Fire Department approves the issuance of said certificates.

(2)

If a swimming pool is on the site, refer to section 30-110(f) above for fence requirements.

(h)

Height exemptions. The height Regulations as set forth in the zoning districts, shall not apply to the following:

The above listed exemptions are allowed, provided the following criteria are met:

a.

The maximum height allowed in the district shall not be exceeded by more than 35 percent, except for the height of roofs, which shall be pursuant to subparagraph (4) below, and except for lighting structures for Village recreational facilities (including lighting for playing fields) which may have a height of up to 70 feet. The maximum Floor Area of any of the rooftop Structures listed above is limited to ten percent of the roof area of the entire Building. Equipment shall be screened in a manner that prevents it from being seen from the Street. The Building, Zoning, and Planning Director may require a line of sight study in order to make this determination.

b.

Parapet Walls may exceed the permissible height limit provided that they shall not extend more than five feet above the flat portion of the Building roof upon which they are constructed.

c.

Notwithstanding other provisions of these Regulations, the height of all Structures shall be limited by the requirements of the Federal Aviation Administration and any airport Regulations applicable to the Structure.

d.

Principle Building roofs shall comply with the following requirements:

1.

Hip roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.

2.

Gable end roofs shall be symmetrically pitched between 6:12 and 12:12 ratios. Profile molded gables may be pitched to a 4:12 minimum ratio.

3.

Flat roofs shall have a minimum Parapet height of one foot.

4.

Shed roofs shall have a minimum pitch of 3:12 ratio.

5.

Roof overhang. No portion of a roof, including the gutter, shall be permitted to extend more than five feet from the exterior Wall of a Building and not closer than 3.5 feet from an interior side property line or 2.5 feet from any Wall facing a Street.

6.

When a scupper drainage system is used, the scupper shall have a minimum 7.5-foot Setback from any Lot line.

(i)

Dumpster enclosures. Dumpsters shall be placed within the Building. Dumpsters existing as of October 26, 2021 shall meet the following requirements on or before October 26, 2024:

(1)

Shall not be visible from a public right-of-way.

(2)

Height shall be a minimum of two feet above top of dumpster(s), not to exceed eight feet in height.

(3)

The base of the enclosure shall consist of a hard-paved surface of asphalt or poured concrete, and shall be 24 inches larger on all sides than the dumpster to be located upon the base.

(4)

The minimum inside dimension shall be not less than six feet by six feet.

(5)

The base shall be equipped with a drain, required to be installed under applicable State and local codes, and designed in a manner to drain only the area of the dumpster enclosure base.

(6)

Wheel stops shall be provided inside the enclosure at the rear and sides six inches from the walls to prevent the container from making contact with the walls.

(7)

The finish on three sides shall be concrete block, stucco, or prefabricated concrete panels, painted to match the paint color of the main Use.

(8)

Gates shall be aluminum picket or galvanized steel with solid backing for complete screening. Gates shall be attached to a metal post having at least three inches in diameter, with at least three hinges for each post and an outward swinging door. Each gate shall have a wheel at the bottom to prevent it from sagging. Gates shall have drop pins or rods to hold the gates in place in both the open and closed position.

(9)

Protective four-inch diameter by four feet high solid bollards are required two feet in each way from the front corners of the dumpster enclosure wall.

(10)

Enclosures intended for the use of properties zoned multifamily residential shall be constructed with a 32-inch opening with a door to match material and specifications of front enclosure doors on one side for pedestrian access to deposit trash. A concrete level walkway shall be provided for the pedestrian access opening.

(j)

Home occupations in Single Family, RM Multiple Family Districts, and PUD Planned Unit Development Districts. Are permitted subject to the following:

(1)

Signage is prohibited;

(2)

No customer may be permitted in the home or on the property;

(3)

Employees in the business are limited to full time residents of the Dwelling Unit; and

(4)

The business requires a Village Business Tax Receipt.

(k)

Outdoor Dining Facility Regulations. Tables and chairs may be placed outside of a restaurant on private property that is located on individual sites or within Shopping Centers. The tables and chairs may be used for dining purposes as an accessory to an indoor restaurant facility, subject to compliance with the following criteria:

(1)

Outdoor dining will be subject to all federal, state, and county regulations.

(2)

Tables and chairs shall not be placed in a manner that restricts direct pedestrian Access along a 44-inch wide pathway from the entrance of a Shopping Center to a elevator or steps. Shared-access paths in Shopping Centers must be a minimum of 44 inches wide. Access and ADA clearance requirements will consider space required for occupants as well as furniture.

(3)

Furniture is limited to planters, safety barriers, tables, seating, and umbrellas.

(4)

Safety barriers shall be required between vehicular and outdoor dining areas. Barriers must be visually screened to create a consistent design with other furnishings.

(5)

Signage is prohibited on outdoor furniture; except for logos on umbrellas for goods sold on premises.

(6)

The applicant shall submit evidence that the owner of the Shopping Center permits Outdoor Dining Facilities on the Premises.

(7)

Furniture which is composed solely of PVC, plastic laminate, or similar materials is prohibited.

(8)

An Outdoor Dining Facility shall not require additional Parking.

(9)

The Building, Zoning, and Planning Director, or designee, may establish conditions as part of the approved Site Plan. An appeal of the Director's decision shall be decided by the Village Council.

(10)

Outdoor music or amplification may be associated with Outdoor Dining Facilities at a maximum decibel level of 65 dBA as measured with a calibrated Sound Level Meter.

(11)

Tables and chairs at each restaurant shall have a consistent design and color.

(12)

No storage is permitted. Only actively used furnishings may be located in outdoor dining areas.

(13)

Restaurants shall be responsible for all litter within a 300-foot radius.

(14)

All food preparation shall be from within the enclosed restaurant.

(15)

A Site Plan, accompanied by all pertinent data, shall be submitted to and approved by the Village's Building, Zoning and Planning Department, Fire Department, and Police Department. Such Site Plan shall be revocable at the will of the Village if any of the criteria or conditions of approval are violated or if new Regulations are adopted by the Village and not satisfied by the restaurant facility. Site Plans shall describe the location and storage of all furniture, lighting, and other related services and functions associated with the request for approval. Site Plans must show safe and secure storage locations where furnishings will be located in the event of a storm or emergency.

(16)

Upon declaration of a Tropical Storm Watch or a Hurricane Watch by the National Hurricane Center, all furnishings must be removed or stored in a safe and secure manner.

(l)

Room additions to residential Structures and conversions of garages or Carports to living space. Are permitted subject to the following:

(1)

Conversion of detached or attached garages, Carports or other Accessory Structures for the purpose of creating living space shall be permitted only if the newly created living space is consistent with FEMA requirements.

(2)

If the required off-street Parking is deleted or rendered unusable by a conversion or addition, it shall be replaced in a manner consistent with Article VII.

(3)

If the Building, Zoning, and Planning Director determines that the plans indicate that future conversion may result in additional Dwelling Units not in compliance with these Zoning and Land Development Regulations, the Director may deny the plans outright, or may approve the plans with a requirement that the property owner file in the public records of Miami-Dade County, a deed restriction in a form acceptable to the Village Attorney, acknowledging the specific limitation as to the number of lawful Dwelling Units and declaring an intent to comply with such limitations, as well as advising any successor in interest of such binding limitations.

(4)

For purposes of this subsection, the floor space shall not:

a.

Be used as a separate Dwelling Unit;

b.

Have separate Cooking Facilities; but

c.

May have a separate entrance so long as it (entrance) does not face a Street.

(5)

If a garage or Carport is converted to living space, all exterior work shall have the same architectural style as the main residence.

(m)

Satellite dish antennas. Shall not have a diameter that exceeds one meter. Antennas or dishes larger than one meter in the other districts shall comply with the following requirements and may only be approved by the Village Council subject to the Conditional Use procedures:

(1)

Dishes shall be placed in a location to minimize its view from any Public Street. The height shall not exceed 18 feet measured from the elevation of the roof to the highest point of the dish at its maximum vertical extension. The Building, Zoning, and Planning Director may place conditions on the location and require screening to achieve this objective. Appeal of a Building, Zoning, and Planning Director's decision is to the Village Council as an appeal of administrative decision;

(2)

No part of the antenna shall be within 15 feet of a rear, or interior side property line or within the waterfront view corridor (See section 30-100). It is not permitted within the Front Yard, a Yard facing a Street;

(3)

The dish shall employ, to the maximum extent possible, materials and colors that blend with the surroundings;

(4)

Poles shall be constructed in a manner that will not retain water (i.e. weep hoes or filled with concrete); and

(5)

The dish shall be sited in a manner that prevents them from being seen from the Street. In order to make this determination, a line of site study shall be submitted to the Building, Zoning, and Planning Director.

(n)

Suites Hotel or suite Hotel Units. When a Hotel Unit contains Cooking Facilities it shall be considered as a suite Hotel Unit and shall conform with the following:

(1)

The Units shall only be permitted in new construction or in Buildings which have been substantially rehabilitated or where the suites Hotel Units are part of a request for a building permit that will result in the Building being substantially rehabilitated;

(2)

Cooking Facilities shall be limited to one microwave oven. The Unit is further limited to one five-cubic-foot refrigerator;

(3)

The Building shall contain a registration desk and a lobby;

(4)

The Building shall have central air conditioning or flush mounted Wall units;

(5)

Except for Units on the ground floor, the Building shall not have unenclosed exterior walkways that provide Access to the Units; and

(6)

If a door is provided to a hallway or as a means of exit and entrance into the Unit from the exterior of a Building, then it is considered as a separate Unit for purposes of calculating Density.

(o)

Vending Machines. Permitted as an Accessory Use if the machine(s) is located inside a Building at least ten feet from a window that faces a Street or in a courtyard when the machine(s) cannot be seen from a Street.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2022-09, § 2, 10-11-22)

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

Public stormwater utility uses shall be a permitted use in every zoning district, except that such use shall not be permitted where prohibited under the Comprehensive Plan.

(1)

Any utility installation, including supporting equipment required for the operation of said utility, must be screened from the right-of-way and adjacent properties. A perimeter wall, solid fence, landscaping, or other aesthetic material may fulfill this requirement.

(2)

Notwithstanding any provision to the contrary, any above-ground stormwater utility structures shall be subject to site plan review in accordance with Section 30-73.

(Ord. No. 2024-05, § 2, 2-13-24)