The minimum standards established for cubic content of buildings by tables in this article in each district are applicable unless:

(1)

A greater cubic content has previously been established by usage or otherwise in a specific neighborhood, subdivision or area.

(2)

In order to provide compatibility with the adjacent or surrounding or nearby area or areas a greater cubic content is established when any land, body of water or structure is rezoned or when a special permit or a variance is granted.

(3)

A greater cubic content is required by deed, or plat restriction or by covenant running with the land.

(4)

A greater cubic content is shown on an official district map or otherwise provided by this or any other ordinance.

(5)

Such building or buildings are in bungalow courts, in which event individual buildings therein shall not be less than two-thirds (⅔) of the size established as the minimum for the block or subdivision; and provided that the size of any bungalow within fifty (50) feet of a street or road right-of-way is not less than the size required for other residential buildings in the neighborhood.

(Ord. No. 57-19, § 30(A), 10-22-57)

The minimum lot area and dimensions of sites and setbacks shown by tables in this article shall apply to the districts indicated.

Front building lines for all structures shall be set back from the nearest highway right-of-way according to sections on official right-of-way plan and minimum widths and tables in this article. The setback from all side and rear property lines shall be not less than ten (10) percent of the average width of the lot, provided such setback is not less than five (5) feet, but in no case shall such setback requirements exceed seven and one-half (7½) feet, except where greater distance is required for a specified district by tables in this article and for corner lots.

(Ord. No. 57-19, § 30(B), 10-22-57)

Cross reference— Definition of setback, § 33-1(96); location of building for public assemblage in EU-M, EU-1 and EU-2 Districts, § 33-17(4).

Applications for permit to erect, move or alter a structure which is to be located within ten (10) feet of any property line, or which is to be located within twenty-five (25) feet of any existing or proposed highway right-of-way, or where there is any doubt in the minds of the Director and the Director of the Public Works Department about the location of a property line, shall be accompanied by a certified map from a survey of the premises prepared by a land surveyor, registered in the State, and markers showing the boundary corners, corresponding to the survey, shall be left undisturbed until a certificate of occupancy is issued.

(Ord. No. 57-19, § 30(B)(1), 10-22-57; Ord. No. 95-215, § 1, 12-5-95)

(a)

In the case of two (2) or more districts abutting in one (1) block, the yard dimensions which are the greater for the districts in that block shall prevail.

(b)

Where special setback lines, other than those provided in this article, are established by the Director for any purpose, such as for odd shaped lots, for waterfront sites (including canals, bays, etc.) or other reasons specified herein, all buildings erected, moved or added to thereafter shall conform to said special setback lines established by any amendment hereto, regardless of the standards provided in this article, or chapter.

(c)

No person, firm, corporation, or public agency shall excavate or construct or reconstruct any building or structure including, but not limited to, dwelling house, hotel, motel, apartment building, seawall, revetment, or other structure incidental to or related to such structure, including, but not limited to, such attendant structures or facilities as a patio, swimming pool or garage, within fifty-five (55) feet of the line of mean high water, but not closer than fifty-five (55) feet from the applicable erosion control line whenever same has been established under Chapter 161, Florida Statutes, at any riparian coastal location fronting the Atlantic Ocean shoreline of Miami-Dade County, exclusive however of bays, inlets, rivers, canals, bayous, creeks, passes, vegetation type non-sandy shores, and the like, said line of mean high water being hereby defined as the natural ground contour that is one and six-tenths (1.6) feet above mean sea level, as provided by the national 1929 datum. Whenever any building or buildings are to be erected closer than one hundred (100) feet to the line of mean high water, fifty (50) percent of the width of said building (measured roughly from north to south along said line) shall be set back a minimum distance of one hundred (100) feet from the line of mean high water; and a seawall or revetment shall be constructed so that there is an essentially unbroken and continuous barrier to storm wave action, formed by the combination of building walls and seawalls or revetments. Except for such seawalls or revetments no structure of any kind shall be erected within the area of additional setback established in this paragraph.

(1)

In order that there be no doubt that the required setback is not violated, all applications for permits for any excavations to be made, or for any building or structures to be erected, within one hundred fifty (150) feet of the line of mean high water or applicable erosion control line, whichever controls, shall be accompanied by a certified survey made by a surveyor or engineer registered in the State of Florida, showing property lines, the line of mean high water, erosion control line if established and applicable, and pertinent ground elevations and beach profiles normal to the shoreline based on the mean sea level provided by the national 1929 datum. Said permit application shall be made to the Department. The permit shall be issued, provided that the Director of the Public Works Department finds that the excavation, or building or structure to be erected, complies with the setback requirement.

(2)

A waiver to the setback requirements may be granted by the Director whenever the Director of the Public Works Department of Miami-Dade County certifies that the application for waiver clearly and unequivocally complies with the guidelines hereinafter provided.

(3)

The application from any riparian property owner shall include such facts and circumstances and engineering data concerning shoreline stability and storm tides related to shoreline topography as are adequate for making an engineering determination as to the justification for said waiver; and if in the immediate contiguous or adjacent area of the proposed structure a number of existing substantial structures have established a reasonably continuous and uniform construction line closer to the line of mean high water or to an applicable erosion control line than provided herein, said proposed structure may be permitted along such existing line or along a transition line to meet said existing structures if such alignment of the proposed structure will minimize beach erosion; provided, however, that all said waivers shall be further processed in accord with Sections 161.052 and 161.053, Florida Statutes.

(4)

The provisions of this section shall not apply to structures intended for shore protection purposes which are regulated by Section 161.041, Florida Statutes, nor shall they apply to structures existing or under construction on January 19, 1973. Reconstruction and repairs of an existing building damaged more than fifty (50) percent of the current value of the existing building will not be permitted except in conformance with this ordinance and other applicable regulation.

(5)

The provisions of Subsection (c) hereof are applicable in the unincorporated areas of the County.

(Ord. No. 57-19, § 30(B)(2), (3), 10-22-57; Ord. No. 73-4, § 1, 1-9-73; Ord. No. 74-67, §§ 1, 2, 9-3-74; Ord. No. 95-215, § 1, 12-5-95)

All setback distances from property lines which abut an existing or officially established highway right-of-way shall be measured from the limits of the official right-of-way lines, including those established by this chapter, regardless of whether or not such full official right-of-way width has been dedicated.

(Ord. No. 57-19, § 30(B)(4), 10-22-57)

The front setback distance of the building line of the principal building in an EU-M, RU-1 and RU-2 District shall not exceed fifty (50) feet, provided, however, such maximum front setback may be adjusted by the Director where peculiar conditions exist and where compliance with this regulation would impose an unnecessary hardship on the property owner, and a greater front setback would not be detrimental to the adjacent property owner and would comply with the spirit and intent of the regulations; among other things, peculiar conditions which can be considered would be such as, buildings or structures in the area with greater front setbacks than regularly permitted, unusually deep lots, lakefront lots, use of property across the street in variance with usual permitted uses in the district, such as school, church, cemetery, park or the like.

(Ord. No. 57-19, § 30(B)(5), 10-22-57; Ord. No. 67-49, § 1, 7-11-67; Ord. No. 95-215, § 1, 12-5-95)

No permit shall be issued for a building or use on a lot, plot, tract, or parcel in any district until that portion of the applicant's lot, plot, tract, or parcel lying within the required official zoned right-of-way has been dedicated to the public for road purposes, and standard pavement improvements have been made, bonded for or an improvement agreement signed prior to building permit issuances except as otherwise provided in Sections 33-133(C), (D) and (E) herein. Any deviation from this section shall require a non-use variance pursuant to the provisions of Section 33-311 of the Code.

Any lot, plot, tract or parcel under single ownership is exempt from the provisions of this section where that lot, plot, tract, or parcel (a) is located outside the Urban Development Boundary (as shown on the Comprehensive Development Master Plan); (b) is to be used only for agricultural or residential purposes; and (c) is not located adjacent to a zoned section line road.

Where a site plan for a multiple-family housing development, apartment development, or apartment hotel development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the Department, it shall be exempt from the provisions of this section, except that if full right-of-way dedications or improvements as required by the Public Works Department are lacking, the same shall be provided or a non-use variance obtained.

(Ord. No. 57-19, § 30(B)(6), 10-22-57; Ord. No. 69-50, § 1, 9-3-69; Ord. No. 80-71, § 2, 7-1-80; Ord. No. 81-106, § 1, 9-17-81; Ord. No. 82-69, § 1, 7-20-82; Ord. No. 94-28, § 1, 2-1-94; Ord. No. 95-215, § 1, 12-5-95)

(a)

Front setback and yard area requirements for commercial structures in Business (BU) and Industrial (IU) Districts shall be twenty (20) feet, provided that front setback of pump islands for gasoline service stations shall be only fifteen (15) feet, and provided, further, that light standards (poles) shall meet the setback requirements for class B detached signs.

(b)

Detached, freestanding canopies to cover pump islands at gasoline service stations shall be permitted, provided:

(1)

That the nearest edge of the detached canopy to the front property line (measured to the official right-of-way line) is at least seventeen (17) feet therefrom.

(2)

That the nearest edge of the detached canopy to the side street property line (measured to the official right-of-way line) is at least twelve (12) feet therefrom.

(3)

No minimum setback or spacing need be provided between the inner edge of the canopy and the gasoline service station building.

(Ord. No. 57-19, § 30, 10-22-57; Ord. No. 64-63, § 1, 12-1-64)

Editor's note— Ord. No. 90-118, § 2, adopted Nov. 6, 1990, repealed § 33-48, relative to setbacks for auto sales or vacant lots, which derived from Ord. No. 57-19, § 30(C)(2), adopted Oct. 22, 1957.

For the districts enumerated in this section, the minimum width and area of lots, the maximum lot coverage, and minimum building sizes shall be as set forth in the following table:

^* As approved by public hearing or administrative site plan review.

(Ord. No. 57-19, § 29(C), (D), 10-22-57; Ord. No. 59-43, § 2, 11-24-59; Ord. No. 61-2, 1-17-61; Ord. No. 63-28, § 1, 7-9-63; Ord. No. 64-19, § 1, 5-5-64; Ord. No. 68-22, § 1, 4-16-68; Ord. No. 72-59, § 1, 9-19-72; Ord. No. 82-30, § 1, 4-20-82; Ord. No. 94-201, § 1, 11-1-94; Ord. No. 95-135, § 5, 7-25-95; Ord. No. 02-32, § 1, 2-26-02; Ord. No. 03-132, § 2, 6-3-03; Ord. No. 05-189, § 1, 11-3-05; Ord. No. 19-51, § 3, 6-4-19)

(a)

The minimum setback distances and spacing requirements in residential and estate districts shall be as follows:

(b)

A solar energy system may be installed in accordance with Section 33-20.

(c)

Refer to Section 33-20(b)(1) for additional utility shed setback regulations. Sheds in townhouse developments shall be regulated by Section 33-202.3(2)(q).

(d)

Spacing between buildings shall conform with Miami-Dade Fire Rescue requirements.

(Ord. No. 57-19, § 30(E), 10-22-57; Ord. No. 59-43, § 3, 11-24-59; Ord. No. 76-82, § 1, 9-21-76; Ord. No. 79-19, § 3, 3-6-79; Ord. No. 95-135, § 6, 7-25-95; Ord. No. 97-19, § 3, 2-25-97; Ord. No. 01-77, § 1, 4-24-01; Ord. No. 02-32, § 2, 2-26-02; Ord. No. 03-132, § 2, 6-3-03; Ord. No. 13-33, § 2, 4-2-13; Ord. No. 19-41, § 3, 5-7-19; Ord. No. 19-51, § 4, 6-4-19; Ord. No. 24-14, § 3, 2-6-24)

The minimum setback distances and spacing requirements in all business districts and in IU-1, IU-2 and IU-3 Industrial Districts (see Section 33-273 for IU-C setback requirements) shall be as follows:

(a)

Front—20 feet.

(b)

Side street—15 feet, except:

(1)

Where the business or industrial lot abuts an RU, EU or GU lot, then the side street setback shall be 25 feet on any part of the business or industrial structure located within 25 feet of the residential district boundary, except as provided in paragraph (2) below.

(2)

Where a business or industrial lot abuts a GU lot that is depicted as "Industrial & Office" on the adopted Land Use Plan map of the Comprehensive Development Master Plan and no building permit has been issued for a residence on the GU lot at the time of the approval of the building permit for the business or industrial use, the setback shall be 15 feet from the side street property line.

(c)

Interior side—0 feet where the adjacent property is a BU or IU District and where the use of the building is limited exclusively to business or industrial use. The wall along the side property line shall be constructed in accordance with the Florida Building Code. Other interior side setbacks shall be as follows:

(1)

5 feet where any openings are provided in the wall of the proposed structure, adjacent to the interior side property lot line.

(2)

10 feet for such portions of the business structure as are devoted to residential use.

(3)

15 feet where the adjacent property is zoned RU or EU or GU, except that, where a business or industrial lot abuts a GU lot that is depicted as "Industrial & Office" on the adopted Land Use Plan map of the Comprehensive Development Master Plan and no building permit has been issued for a residence on the GU lot at the time of the approval of the building permit for the business or industrial use, then the setback shall be:

(i)

0 feet where the wall along the interior side property line is unpierced and constructed in accordance with the Florida Building Code; or

(ii)

5 feet where any openings are provided in the wall of the proposed structure, adjacent to the interior side property lot line.

(d)

Rear—20 feet from residential district boundary, except that credit shall be given for full width of dedicated alleys in computing this setback.

(1)

5 feet from business or industrial district boundary, where any openings are provided in wall of proposed structure, adjacent to rear lot line.

(2)

0 feet from business or industrial district boundary where no openings are proposed in wall of proposed structure, adjacent to rear lot line.

(3)

Same setbacks shall apply for accessory buildings as apply to principal structures.

(e)

Structures containing residential uses or mixed residential-business uses shall comply with residential setbacks (for the entire building) as may be required for the residential use in the residential district.

(f)

Spacing between buildings shall conform with Miami-Dade Fire Rescue requirements.

(Ord. No. 57-19, § 3, 10-22-57; Ord. No. 58-4, § 1, 2-13-58; Ord. No. 64-19, § 4, 5-5-64; Ord. No. 80-89, § 1, 9-2-80; Ord. No. 83-39, § 1, 6-7-83; Ord. No. 02-255, § 3, 12-3-02; Ord. No. 03-41, § 1, 3-11-03; Ord. No. 19-51, § 5, 6-4-19)