No person shall let to another for occupancy, any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements:

(1)

Every dwelling unit shall contain a minimum gross floor area of at least 600 square feet for the first occupant, 100 square feet for each of the next two occupants, and at least 75 square feet for each occupant thereafter. Floor space shall be calculated on the basis of total habitable room area excluding bathrooms and closets.

(2)

Every dwelling unit shall have at least one room of not less than 120 square feet net floor area, every other habitable room, except the kitchen shall have a minimum net floor area of at least 70 square feet. Every room occupied for sleeping purposes shall be a legal bedroom as defined and modified from time to time by the South Florida Building Code. Every room occupied for sleeping purposes by more than one occupant shall have a minimum gross floor area of 90 square feet per occupant, with a maximum of two adults per legal bedroom. Every room used for sleeping purposes shall have a minimum width of eight feet. Kitchens shall not be used for sleeping purposes. Porches shall not be used as permanent sleeping quarters. Dining rooms, living rooms and any other common areas within the dwelling unit shall not be used as permanent sleeping quarters.

(3)

At least one-half of the floor area of every habitable room having a sloped ceiling shall have a ceiling height of at least seven feet. Any portion of a room having a ceiling height of less than five feet shall not be considered in computing the total floor area of such room.

(4)

No dwelling or dwelling unit containing two or more sleeping rooms shall be so arranged that access to a bathroom, shower room, or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room or outside the structure, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room, bathroom, shower room, or water closet compartment.

(5)

No garage, cellar or basement space shall be used as a habitable room or dwelling unit.

(Ord. No. 18-233, § 3(Exh. A), 10-16-2018)

(a)

Appearance of buildings, structures, yards and fences.

(1)

Garage doors. All garage doors shall be maintained in a closed position when not in use to ensure the attractive appearance of the property and to safeguard the occupants of the home and their property.

(2)

Clotheslines and outdoor clothes drying. Clotheslines shall be retractable and fully screened from public view at all times. Clothes or items may not be hung or draped on fences or hung from any tree, object, or structure where they may be visible from adjoining properties, parks, sidewalks or roads.

(3)

Holiday and event decorations and lighting. Holiday and special event decorations and lighting may be displayed no more than 30 days prior to and no more than 30 days after the holiday or event. Said decorations shall carry no advertising matter.

(4)

Window treatments. Windows of residential property may be covered by any type of window treatment which is in good repair and designed or intended to be a permanent or long term window treatment suitable for a residence. Windows shall not be covered by newspapers, aluminum foil or bed sheets.

(5)

Garbage and trash disposal. No garbage, trash, refuse, rubbish, or recyclables shall be deposited or kept on any lot except in a suitable sturdy container. Such container shall not be visible from any point on the front lot line, or from the lake or golf course, as applicable. Corner lots shall also not have garbage, trash, refuse, rubbish or other debris and discards, including recyclables, visible from the side yard which faces the street. Garbage, trash, refuse, rubbish, or recyclables may be placed in the collection area in front of the residence for collection no earlier than 4:00 p.m. the night prior to the designated collection day. Containers for garbage, trash, refuse, rubbish, or recyclables must be removed from the collection area by no later than 7:00 p.m. on the collection day.

(6)

Commercial and multi-family residential solid waste management. It shall be the obligation of the property owner of all multi-family residential and non-residential sites to ensure that outside containers for trash and garbage are adequate to contain the waste generated on the site. In cases where trash or garbage regularly or repeatedly overflows from designated containers or otherwise becomes deposited on the ground or elsewhere on the site, it shall be the responsibility of the property owner to ensure that action is taken, including but not limited to obtaining larger containers, scheduling more frequent trash/garbage pick-up service and other actions as may be needed. Compliance with this provision may be enforced by the issuance of code compliance warnings and citations.

(b)

Maintenance of buildings, structures and fences. Every residential or commercial building, every accessory structure used for nondwelling purposes, including but not limited to garages, carports, and every pool and deck, hot tub, screen enclosure, storage building, and fence or wall shall comply with the following requirements:

(1)

Every foundation, exterior and interior wall, roof, awning, canopy, floor, ceiling, window and exterior door shall be structurally sound and maintained clean, free of mold and fungus and in good repair.

(2)

Every structure shall be maintained clean and in a sanitary condition free from rodents, insects, vermin and odor.

(3)

The roof of every structure shall be well-drained of rainwater.

(4)

All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint and other approved protective coating, applied in a workmanlike fashion.

(LDC 2008, Div. 6.1; Ord. No. 08-102, § 2(Div. 6.1), 6-17-2008; Ord. No. 08-107, § 4(Div. 6.1), 10-21-2008; Ord. No. 13-159, § 2, 9-10-2013)

(a)

A home office shall be permitted as an accessory use to all lawful residential uses subject to the following limitations:

(1)

The area of the dwelling unit devoted to a home office shall not exceed 200 square feet of the living area of the dwelling unit, including garages.

(2)

The home office shall not be conducted in any accessory building or other structure detached from the residence. The area containing the home office shall not have a separate entrance or exit.

(3)

The home office must be conducted by a member of the household residing in the dwelling unit, and no person shall be employed at any time in connection with the home office use who is not a member of the household residing in the dwelling unit, except that a disabled individual may employ a personal care attendant as necessary to accommodate a home office on the premises by such individual.

(4)

No sign identifying or advertising the home office may be posted or displayed on the premises and no vehicle with any sign displaying the home office use or home office residential address, which might serve to indicate that the dwelling unit is being used for a home office, may be located on the premises.

(5)

No customer, vendor, client or other patron shall be served in person on the premises, nor shall the home office use be conducted in any way which would necessitate the presence of suppliers or patrons on the site, with the exception of deliveries customary to residential use.

(6)

There shall be no display, manufacturing, distribution, or repair of any type of materials, merchandise or other products on the premises. Storage of such items shall be confined to the home office area.

(7)

There shall be no change in the outside residential character of the building or premises as a result of the conduct of such home office use, or any visible evidence thereof.

(8)

More than one home office may be permitted at any one time in a dwelling unit, provided that each such home office complies with each of the forestated requirements and further provided that the combined total square footage of all home office uses in the dwelling unit does not exceed 200 square feet.

(9)

An annually renewable certificate of use and occupancy shall be obtained for any home office.

(b)

No variances shall be granted to the provisions of the home office regulations.

(LDC 2008, Div. 6.2; Ord. No. 08-102, § 2(Div. 6.2), 6-17-2008)

(a)

A single portable storage unit may be utilized on any site in all districts provided that a valid permit is obtained under the provisions of this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Portable storage unit means any container designed for the storage of personal property that is typically rented to owners or occupants of property for temporary use and that may be delivered and removed by vehicle.

Site means a piece, parcel, tract, or plot of land occupied, or that may be occupied, by one or more buildings or uses and accessory buildings and accessory uses that is generally considered to be one unified parcel.

User means the owner or occupant of property entering into an agreement with a portable storage unit company for the placement of a portable storage unit on a site located in the Town.

(c)

Application and permit.

(1)

A single portable storage unit may be placed on any site, provided that a permit is first obtained by the user or the owner/operator of the portable storage unit from the Town.

(2)

Application shall be made to the Town in a form approved by the Town. Applications for up to 21 days shall be made through the Town's website or in person at the Building Department. Applications for more than 21 days, in conjunction with a building permit as required herein, shall be made in person at the Building Department.

(3)

A permit shall be issued providing the conditions of this section are met. A permit shall be valid for 21 consecutive days except as provided in Subsection (e) of this section.

(4)

Permit cards must be displayed on the storage unit at all times and visible from the front of the property.

(d)

Duration of use.

(1)

No portable storage unit shall be placed at any one site in excess of 21 days unless the permit is issued by the Building Department in conjunction with an open, active interior remodeling building permit.

(2)

All sites are limited to a maximum of one portable storage unit permit within any consecutive 12-month period. Notwithstanding the foregoing limitation, upon proof of a change of occupancy of the site, the Administrative Official may grant a second permit within the same 12-month period.

(e)

Immediate removal during hurricane watch. Upon the issuance of a hurricane watch by a recognized governmental agency, all portable storage units shall be removed from the Town within 24 hours. The removal of a portable storage unit during a hurricane watch is the responsibility of the owner/operator of the portable storage unit.

(f)

Location.

(1)

There shall be no more than one portable storage unit per site, no larger than 130 square feet total area.

(2)

In residential zoning districts, a portable storage unit shall only be placed in a location not visible from the street and must be set back a minimum of five feet from any property line. If there is no location where the storage unit is not visible from the street, the location shall be a paved driveway, or other paved surface, and must meet the unit setback requirements (five feet). The placement of such portable storage unit may not obstruct the free, convenient, and normal use of the public right-of-way.

(3)

In nonresidential zoning districts, a portable storage unit shall only be placed in the rear or side portion of a site. Under no circumstance shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot. The placement of a portable storage unit in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited.

(g)

Unit condition. A portable storage unit may not contain any advertising or signage other than the name and contact information of the owner/operator of the portable storage unit, as required by the appropriate state agencies. Contact information must be permanently affixed to the portable storage unit.

(1)

The owner/operator and/or user of a portable storage unit shall be responsible for ensuring that the portable storage unit is properly maintained in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.

(2)

When not in use, the portable storage unit shall be kept fully closed and locked.

(3)

The user shall be responsible for ensuring that no hazardous substances are stored or kept within the portable storage unit.

(h)

Violation.

(1)

It shall be a violation of this Code to place a portable storage unit on a property prior to obtaining a permit from the Town.

(2)

Any owner/operator or user who fails to obtain a permit prior to placing a unit on the property will have one business day from the day of delivery to remove the portable storage unit or obtain a permit.

(3)

Failure to obtain a permit or remove the unit within the time allowed will result in violation of this Code. Each day that any portable storage unit remains on the property without a permit, in violation of this section, shall constitute a new violation against the user.

(4)

It shall be unlawful for a portable storage unit to remain at a site in excess of the time periods permitted under this section. Each day that any such portable storage unit remains at a site in violation of the provisions of this section shall constitute a new violation.

(LDC 2008, Div. 6.3; Ord. No. 08-102, § 2(Div. 6.3), 6-17-2008)

Nothing shall be allowed on any premises in any zoning district which would in any way be offensive or obnoxious by reason of color, design, or the emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor shall anything be placed, constructed or maintained on any premises that would in any way constitute an eyesore or nuisance to adjacent property owners, residents, or to the community.

(LDC 2008, Div. 6.4; Ord. No. 08-102, § 2(Div. 6.4), 6-17-2008)

(a)

This section shall govern the placement of accessory improvements and landscaping waterward of the top of the slope or tie line in the rear or side yards of lakefront or canal front properties. This section shall not apply to the placement of accessory improvements landward of the top of the slope of such lakes or canals, which are permitted as accessory structures and uses otherwise under this Code. This section shall also apply to improvements into lakes or canals which are privately or publicly owned or maintained. No permit shall be issued for improvements into a lake or canal until the applicant receives approval from the owner of the portion of the lake or canal or the governmental authority or homeowners association having jurisdiction over the portion of the lake or canal where the proposed improvements will be constructed.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Catch basin means the reservoir or well into which water from an infinity edge pool drains off.

Dock means that portion of a horizontal deck or structure constructed on pilings, floated or cantilevered past the water's edge into a lake or canal.

Infinity edge pool means a swimming pool that produces a visual effect of water extending to the horizon or vanishing into a lake or canal.

Lake means a body of water, whether or not connected to a canal or other body of water, and all water areas specified on a plat to the shoreline, whether or not the water area is over a portion of a lot. When a lake abuts a body of water designated by a governmental authority to be within the geographical limits of or defined as a canal, that portion designated as a canal shall not be considered a part of a lake unless that body of water is specifically designated as such by the Town.

Top of slope means the survey tie line shown on the plat or the established point on the lot or property where the elevation of the property starts sloping towards the water's edge. In the event that the survey tie line and actual top of slope shown on the survey differ, the top of slope for zoning purposes will be determined by the Administrative Official.

Water's edge means the average high ground water elevation. For properties originally developed with a bulkhead or seawall, the water's edge shall be the waterside of the existing bulkhead or seawall.

Watercraft means any boat, dinghy, raft, or other vessel or structure of any size, shape, material or configuration which is designed to float or travel on water and carry or transport one or more persons on water, whether or not it is motorized.

Waterfront lot means a lot any part of which touches the high-water mark of a lake, or a lot which has a seawall beyond which is a lake, canal or other body of water.

(c)

Development and use restrictions.

(1)

In all zoning districts, allowable structures and improvements waterward of the top of the slope or waterward of a bulkhead on a lake or canal shall require approval through the site plan review process.

(2)

No powerboat or other mechanically powered watercraft or device propelled by anything other than manpower, sail or 12-volt electric trolling motor shall be used or operated on a privately owned lake. Where a lake abuts a body of water designated by a governmental authority to be within the geographical limits of or defined as a canal, power boats or mechanically powered craft are permitted.

(3)

Shoreline contours and established slopes of any lake or canal and the lots above or below water may not be changed or modified with the exception of interlocking block, concrete, wood or similar material bulkheads or decks as permitted in this section.

(4)

Townhouse properties that have side privacy walls extending past the residence towards the lake may construct decks between the walls that modify the established slope.

(5)

No lot shall be increased in size by filling in the water upon which it abuts.

(6)

The placement of the following accessory improvements and landscaping shall be permitted waterward of the top of slope on a lot, parcel or tract, subject to the following conditions:

a.

Docks.

1.

Docks shall either be floated or be placed on pilings at right angles to the water's edge or shoreline, except as otherwise provided herein.

2.

The width of all docks on a single lot, parcel or tract collectively shall not exceed 30 percent of the lot's width at the water's edge. However, a dock that is placed parallel to the lot and that does not extend more than six feet beyond the water's edge may exceed 30 percent of the lot's width but may not encroach into the required side setbacks for docks in this section.

3.

No dock shall project past the water's edge more than one-half the length of the lot's shoreline frontage as measured at the water's edge, or 20 percent of the lake or canal width at its widest point, whichever is smaller. In no event shall a dock exceed 25 feet in length. For purposes of this section, the length shall be the perpendicular dimension measured from the water's edge (the average low ground water elevation) to the farthest point of the dock (including floating docks) extending into the lake.

4.

Docks in all zoning districts shall be set back 7.5 feet on interior side property lines and 15 feet on side property lines facing a street.

5.

Only one dock shall be permitted for each principal building on the subject lot, parcel or tract.

6.

Enclosed or roofed structures, or open-sided gazebos shall not be permitted on docks or waterward of the water's edge.

b.

Landscaping, hedges, rocks, riprap, bulkheads.

1.

Landscaping or hedges waterward of the top of slope but landward of the water's edge are allowed; however, hedges or plant groupings shall be placed no closer than ten feet from the water's edge. No hedge or plant groupings shall exceed two and one-half feet in height waterward of the top of the slope. Fences, walls or rocks arranged to form a fence or wall or objects which restrict access or block views from adjacent properties are not permitted beyond the top of the slope toward the lake, or waterside of the survey tie line.

2.

A riprap, interlocking block, concrete, wood or similar material bulkhead running parallel to the water's edge is permitted waterward of the top of slope. The bulkhead shall not extend more than one foot below the water's edge and no higher than one foot above the existing grade.

c.

Open-sided structures, gazebos. Only one open-sided structure shall be permitted waterward of the top of slope but landward of the water's edge, subject to compliance with the side setback requirements for decks in this section and accessory building lot coverage requirements of the zoning district in which the structure is located; provided, however, the rear setback requirement from the water's edge shall be zero feet. In no event shall an open-sided structure or gazebo that is placed waterward of the top of slope exceed 15 feet in height, measured from the height of the undisturbed land where it is placed, nor shall it exceed 150 square feet in area. Open-sided structures, with the exception of chickee huts as defined in this Code, shall be constructed and finished to match the existing residence (including roofing material) or designed in an architectural style complimentary to the existing residence.

d.

Steps and decks and catch basins associated with an infinity edge pool.

1.

At grade steps no wider than four feet, and leading from the top of the slope or tie line towards the lake, dock, open-sided structure, gazebo or deck, shall be permitted waterward of the top of slope and landward of the water's edge.

2.

Decks that do not alter the established slope by more than 18 inches at any point along the deck, with a maximum size of 225 square feet per lot or parcel, including the footprint of a gazebo, shall be permitted waterward of the top of slope. The deck area shall be set back a minimum of 7.5 feet from the interior side property lines and 15 feet from a side street property line and subject to all lot coverage requirements for impervious area contained elsewhere in this Code.

3.

A catch basin associated with an infinity edge pool up to four feet wide shall be permitted and counted in the total 225 square feet of deck area allowed under subsection 2 above. All other components of the infinity edge pool shall remain landward of the top of the slope.

e.

Boat ramps.

1.

Boat ramps shall be permitted providing no filling of the slope area occurs. Ramps shall be set back a minimum of 7.5 feet from adjacent properties.

2.

Filling waterward of the top of slope shall be prohibited.

(7)

Structures or improvements other than those specifically listed above are prohibited from placement within the area waterward of the top of slope.

(d)

Nonconforming structures or improvements that were constructed without a building permit waterward of the top of the slope.

(1)

Notwithstanding the provisions of Subsection (c) of this section, existing structures or improvements located waterward of the top of the slope that have modified the existing slope of the lake or canal and that existed prior to December 5, 2000, and that received approval from the Town prior to January 18, 2006, or have received subsequent approval from the Town Council, shall be considered legal nonconforming structures with respect to all zoning requirements in this section. No variances to this section shall be permitted.

(2)

Fences or walls constructed along the side property line or parallel to the water's edge past the top of the slope without a building permit may not be legalized and must be removed. Hedges that do not comply with the regulations contained in this section must be removed or trimmed and may not be legalized.

(LDC 2008, Div. 6.5; Ord. No. 08-102, § 2(Div. 6.5), 6-17-2008; Ord. No. 20-261, § 2(Exh. A), 5-19-2020)

(a)

In all residential zoning districts, accessory storage of boats, personal watercraft or boat trailers shall be limited to residential garages if they are stored fully inside a garage with the garage door fully closed.

(b)

The temporary parking for a period of less than 24 hours of a boat, personal watercraft, or boat trailers in either the front or side yards shall be permitted for routine cleaning, loading, or unloading. Under no circumstances shall a boat be parked in the public right-of-way, including the swale area of a right-of-way or sidewalk.

(c)

Owners of lakefront properties may keep no more than two functional watercrafts, appropriate for that lake or canal, on the shoreline or in the rear yard.

(d)

No maintenance or repair of watercraft is permitted outside of a garage.

(e)

Existing watercraft or boats that complied with the Town Code as of December 5, 2000, and were registered with the Town by April 18, 2005, or have received other registration approval from the Town Council or the Administrative Official pursuant to section 17-1, shall be considered legal, nonconforming structures. A registered boat or registered personal watercraft may be replaced with a boat or personal watercraft of equal or smaller length provided that the boat or personal watercraft is registered with the Town within 180 days of the date of purchase of the replacement boat or personal watercraft. The boat or personal watercraft must be owned by and registered to the owner or occupant of the real property. Once the property is sold no further boats or personal watercraft may be kept on the property unless the boat or personal watercraft complies with this Code. No variances to the April 18, 2005, registration deadline shall be granted.

(LDC 2008, Div. 6.6; Ord. No. 08-102, § 2(Div. 6.6), 6-17-2008; Ord. No. 2008-109, § 8(6.6), 12-16-2008; Ord. No. 22-298, § 2(Exh. A), 7-12-2022)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial vehicles are hereby defined and categorized as follows for the purpose of this section:

Commercial vehicle means any vehicle which displays, whether temporarily or permanently, any lettering, logo, or other markings which identify the vehicle as belonging to or used for any commercial purpose; and/or any vehicle on which is visible and is designed to carry cargo, supplies, merchandise, machinery, tools, equipment, racks, or other items of a commercial nature; any vehicle manufactured and commonly used as a work or commercial vehicle, including tow trucks; or any vehicle for hire such as but not limited to buses, jitneys, limousines or taxi cabs.

Off-road vehicle means any vehicle that is used off the roads or highways for recreational purposes and that is not registered and licensed for highway use in the state. Off-road vehicles include all-terrain vehicles (ATVs). Golf carts registered with the Town are exempt from parking restrictions.

Recreational vehicle means a vehicle which provides sleeping and other facilities for short periods of time, while traveling or vacationing, designed to be towed behind a motor vehicle, placed on a vehicle or self-propelled, and includes such vehicles as travel trailers, camper trailers, pickup coaches, motorized campers, motorized homes or other similar vehicles.

(b)

In order to maintain the high standards of the Town with respect to residential appearance, commercial trucks or other commercial vehicles, off-road vehicles, campers, recreational vehicles, motor homes, house trailers, boat trailers and trailers of every other description as defined herein, whether operable or inoperable, shall not be permitted to be parked or to be stored at any place on any lot, common area or right-of-way within any residentially zoned area in the Town unless they are stored fully inside a garage with the garage door fully closed, and for commercial vehicles, parked on driveway with vehicle fully covered with a fitted fabric cover that is designed specifically for vehicles and in good condition. These prohibitions shall not apply to temporary parking of trucks and commercial vehicles during the performance of commercial services to nearby residences, businesses or public facilities and to the loading and unloading, for no more than 24 hours, of recreational vehicles.

(c)

All commercial vehicles may only be parked in any legal parking space within private property located in office, commercial or industrial districts, including those properties used as residential properties that are located within office, commercial or industrial districts.

(d)

Marked and unmarked law enforcement and local government "take home" passenger vehicles may be permitted to be parked in driveways or legal parking spaces.

(e)

Violations of these provisions are punishable as follows:

(1)

Any violation of this section is punishable by a civil fine of $500.00.

(2)

Whoever opposes, obstructs or resists an enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(LDC 2008, Div. 6.7; Ord. No. 08-102, § 2(Div. 6.7), 6-17-2008; Ord. No. 19-244, § 2(Exh. A), 7-16-2019; Ord. No. 25-337, § 2(Att.), 5-20-2025)

(a)

All new single-family or two-family roofs with a pitch equal to or greater than two and one-half inches rise per one foot run shall be constructed of standing metal seam, or of barrel tile or flat tile, or shall be constructed of another material which simulates barrel tile or flat tile. Other roofing materials may only be approved through the variance process.

(b)

All single-family or two-family roof materials may be replaced or repaired with similar types of roofing material as those materials being replaced or repaired, or may be constructed of standing metal seam roof, barrel tile, flat tile or another material which simulates barrel tile or flat tile.

(c)

Roofing material colors shall be neutral, aesthetically pleasing, and consistent with surrounding homes. Any variation may only be approved through the variance process.

(LDC 2008, Div. 6.8; Ord. No. 08-102, § 2(Div. 6.8), 6-17-2008; Ord. No. 16-191, § 2, 3-1-2016; Ord. No. 18-232, § 2(Exh. A), 10-16-2018)

(a)

Generally. This section shall apply to all requests for the vacation of public rights-of way, easements, or any other non-fee interests to the Town. As used in this section, the term "rights-of-way" shall mean any public street, road, alley, or other non-fee interest.

(b)

Application. An application for a right-of-way vacation shall be submitted in accordance with the procedures and application requirements in Section 13-301. In addition, the following shall be required as part of the application:

(1)

A general description of the right-of-way or easement which the applicant seeks to have vacated and the location of the same.

(2)

A legal description and recent survey, accompanied by a plat (if the property is platted), map or drawing that indicates the area involved and the location of the specific area sought to be vacated.

(3)

The reason for the requested vacation.

(4)

Names and addresses of all owners of real property abutting the right-of-way or easement area and all owners of record of property within a 500-foot radius of the proposed area to be vacated pursuant to Section 13-309.

(5)

Letters of consent from affected utilities.

(6)

Existing utilities or improvements, if any, in the proposed vacation area. If utilities or improvements will need to be relocated, all details of such relocation shall be identified on the survey, including dedication of any new easements that may be required in order to relocate utilities.

(7)

Any other documentary information showing that the application meets the criteria set forth in Subsection (c) of this section.

(c)

Criteria for vacation. The Town Council shall consider the following criteria in its review of a request for a vacation:

(1)

Whether the public benefits from the use of the subject right-of-way or easement as part of the Town's roadway system;

(2)

Whether the subject right-of-way or easement is necessary for future needs of the Town;

(3)

Whether the proposed action is consistent with the Town's Comprehensive Plan;

(4)

The impacts of the proposed action on traffic circulation including the results of any applicable traffic study;

(5)

The effect of the proposed action upon the safety of pedestrians and vehicular traffic;

(6)

The effect of the proposed action upon the provision of municipal services, including, but not limited to police, fire-rescue, and solid waste services;

(7)

The estimated immediate and future cost to the Town, if any, as a result of the vacation and any mitigation plan proposed by the applicant to offset any potential impacts; and

(8)

The reason identified by the applicant for the proposed vacation.

(d)

Public hearing. Actions of the Town Council under this section are legislative in nature. Upon receipt of a complete application for a vacation and review by the Administrative Official, the Town Council shall hold a public hearing on the application. The hearing shall be noticed pursuant to the provisions of Section 13-309 of the Town Code.

(e)

Town Council action. Town Council shall follow the procedures in Section 13-301 as applicable and shall after the hearing, by written development order, approve, approve with modifications and/or conditions or deny the request.

(f)

Costs for improvements. In addition to any application or cost recovery fee, the applicant shall be responsible for paying the Town's cost to improve adjacent rights-of-way or relocation of utilities caused by the vacation.

(LDC 2008, Div. 6.9; Ord. No. 08-102, § 2(Div. 6.9), 6-17-2008)

(a)

Medical offices or clinics, medical or dental laboratories, pain management clinics and pharmacies. Medical offices or clinics, medical or dental laboratories, pain management clinics, and pharmacies, as defined in Section 13-1, in whatever districts permitted or approved, shall be subject to the following supplemental regulations:

(1)

On-site dispensing of controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355 is prohibited, unless expressly permitted under Florida Statutes or as follows:

a.

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session only.

b.

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at a hospital, nursing facility, institution or asylum, ambulatory surgical center, or hospice which is licensed in this State.

c.

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care at an intermediate care facility for the developmentally disabled which is licensed in this State.

d.

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

e.

A health care practitioner in connection with a surgical procedure not to exceed a 14-day supply or to be issued no more than 14 days after the procedure.

f.

A health care practitioner when dispensing to a patient of a facility licensed under F.S. ch. 400, pt. IV (F.S. § 400.6005 et seq.) (Hospices).

(2)

Medical offices or clinics, medical or dental laboratories, and pain management clinics shall, in addition to all other information required by the Town's Code, as part of the certificate of use application, provide a detailed statement of the nature of the proposed practice, inclusive but not limited to information such as type of medicine practiced, hours of operation, number of doctors, licenses of doctors, locations of other branches, if any. Any applicant for a certificate of use for a medical office or clinic, medical or dental laboratory or pain management clinic shall also address the following in writing:

a.

Whether the proposed use is licensed as a facility pursuant to F.S. ch. 395;

b.

Whether the majority of the physicians who provide services in the proposed use primarily provide surgical services;

c.

Whether the proposed use is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00;

d.

Whether the proposed use is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

e.

Whether the proposed use does not prescribe or dispense controlled substances for the treatment of pain;

f.

Whether the proposed use is owned by a corporate entity exempt from federal taxation under 26 USC 501(c)(3);

g.

Provide proof that he/she has obtained or complied with all required State, County or local certifications, registrations, licenses or other requirements and all such items are in good standing and are currently valid;

h.

Provide the Drug Enforcement Administration number of each physician practicing at the business or under contract with the business and verify that the Drug Enforcement Administration number has never been revoked; and

i.

Whether the applicant's license to prescribe, dispense or administer controlled substances has ever been denied by any jurisdiction or governmental agency.

The Director shall determine whether or not the proposed medical office or clinic, medical or dental laboratory or pain management clinic shall be classified as a pain management clinic based on the information provided at the time of the application for the certificate of use. A pain management clinic shall be subject to the requirements of Subsection (b) of this section.

(b)

Pain management clinics and pharmacies.

(1)

Conditional use approval.

a.

All pain management clinic and pharmacy uses shall require conditional use approval, regardless of the underlying zoning designation, pursuant to Section 13-303.

b.

A conditional use approval shall be required prior to any change of ownership or management of any pain management clinic or pharmacy.

c.

Each pain management clinic and pharmacy location shall be approved through the conditional use approval process separately regardless of whether the pain management clinic or pharmacy is operated under the same business name or management as another pain management clinic or pharmacy.

d.

In addition to the conditional use review criteria contained in Section 13-303, the Town shall refer to the criteria for pain management clinics and pharmacies contained in F.S. §§ 458.3265 and 459.0137.

(2)

It is unlawful for any person, persons or business entity to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a pharmacy which is located within the Town of Miami Lakes if that same person, persons or entity owns, operates, maintains, opens, establishes, conducts or has charge of a pain management clinic that is located within the Town of Miami Lakes.

(3)

Pain management clinics and pharmacies shall also be subject to Subsection (c) of this section.

(c)

Medical offices or clinics, medical or dental laboratories, pain management clinics, and pharmacies; additional restrictions.

(1)

Pharmacies. Unless approved as a conditional or unusual use pursuant to Section 33-13 of the Code (see Section 13-1) and Section 13-303 of this chapter, no pharmacy shall be permitted to locate within the same establishment, within the same shopping center, including any outparcels, within the same parcel or tract of land, or within 500 feet of another parcel or tract of land, where any medical office or clinic, any medical or dental laboratory or pain management clinic which is staffed by a prescribing practitioner, is located.

(2)

Medical or dental laboratories and pain management clinics. Unless approved as a conditional or unusual use pursuant to Section 33-13 (see Section 13-1) and Section 13-303 of this chapter, no medical or dental laboratory or pain management clinic, which is staffed by a prescribing practitioner, shall be permitted to locate within the same establishment, within the same shopping center, including any outparcels, within the same parcel or tract of land, or within 500 feet of another parcel or tract of land where any pharmacy is located. Unless approved as a conditional or unusual use pursuant to Section 33-13 (see Section 13-1) and Section 13-303 of this chapter, no pain management clinic shall be permitted to locate within the same establishment, within the same shopping center, including any outparcels, within the same parcel or tract of land, or within 500 feet of another parcel or tract of land, where any other pain management clinic is located.

(3)

The foregoing location restrictions shall not apply to pharmacies or medical offices or clinics, or medical or dental laboratories, for which an application for a business tax receipt has been submitted prior to the date of adoption of the ordinance from which this section is derived.

(4)

Notwithstanding Subsection (c)(3) of this section, any pharmacy, pain management clinic, medical office or clinic, or medical or dental laboratory, regardless of the date of commencement of business, shall register with the Town within six months of the date of the ordinance from which this section is derived and maintain an annual registration with the Town. Prior to the change of ownership or management of an existing pharmacy or pain management clinic, a conditional use approval as specified in Subsection (b)(1)b of this section shall be required. The information required as part of the registration shall include the following:

a.

Whether the existing use is licensed as a facility pursuant to F.S. ch. 395;

b.

Whether the majority of the physicians who provide services in the proposed use primarily provide surgical services;

c.

Whether the proposed use is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00;

d.

Whether the proposed use is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

e.

Whether the proposed use does not prescribe or dispense controlled substances for the treatment of pain;

f.

Whether the proposed use is owned by a corporate entity exempt from federal taxation under 26 USC 501(c)(3);

g.

Provide proof that he/she has obtained or complied with all required State, County or local certifications, registrations, licenses or other requirements and all such items are in good standing and are currently valid;

h.

Provide the Drug Enforcement Administration number of each physician practicing at the business or under contract with the business and verify that the Drug Enforcement Administration number has never been revoked; and

i.

Whether the applicant's license to prescribe, dispense or administer controlled substances has ever been denied by any jurisdiction or governmental agency.

(5)

These supplemental regulations are not to be interpreted to limit the lawful operation of a hospital or institution or asylum separately defined and permitted in zoning districts according to separate regulations.

(6)

All medical office or clinics, medical or dental laboratories, pain management clinics and pharmacies shall be subject to all applicable requirements of State and federal law.

(Ord. No. 11-133, § 8(Div. 6.10), 5-10-2011)

(a)

Nothing contained in this chapter shall be deemed or construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement or premises legally existing in the respective districts at the time this chapter becomes effective; provided, however, that if any such existing lawful use is changed to a different use after the date of the adoption of this chapter such different use shall conform to the provisions of this chapter regulating the particular district in which said premises are situated.

(b)

If any legally existing use or occupancy of a building or premises conflicts with any requirement of this chapter or any of its amendments, such building shall not be moved, structurally altered or added to, except after approval after public hearing.

(c)

All future buildings, structures, repairs, alterations or other improvements shall comply with all district requirements contained herein and such structural provisions of the building code and other regulations as have been incorporated herein and made a part hereof, including any building on which construction was suspended at the time this chapter was adopted and any building for which foundations were not completed at said time.

(d)

If, after the adoption of this chapter the aggregate cost of the repairs or alterations, during the ensuing ten-year period, exceeds 50 percent of its current value, any building not conforming in use and occupancy with the provisions of this chapter shall be arranged or altered to conform as to use and occupancy with the requirements of this chapter and its subsequent amendments; provided, however, that this paragraph shall apply only to such buildings as were so used or occupied legally prior to August 2, 1938.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013)

(a)

For purposes of this section, the terms "nonconforming use," "nonconforming structure" and "nonconforming site improvement," collectively referred to as nonconformities, shall have the meanings set forth as follows:

(1)

"Nonconforming use" shall mean a land use, whether such use occurs within or outside a structure or in some combination thereof, that was in compliance with the zoning regulations that were applicable to it when it was established, and for which all required permits were issued, but which would not be allowed under the current regulations of this chapter.

(2)

"Nonconforming structure" shall mean any structure meeting the definition of a "building" according to the definition in Section 13-1(24) which was legally established in its current form, but which would not be allowed under the current regulations of this chapter.

(3)

"Nonconforming site improvement" shall mean a deliberate man-made improvement to a site, other than the principal structure, including but not limited to parking and loading areas; walkways; fences and walls; lighting; landscaping; fill, digging and other changes in grade, decks and similar improvements which were legally established with all required permits, but which would not be allowed under the current regulations of this chapter. Provided, however, that site improvements located on single family residential properties, and for which no original permit can be found, may be granted nonconforming status through the administrative site plan process, where the Administrative Official finds that all of the following are true:

a.

The site improvement is not a fence, wall or hedge located waterward of the top of the slope on a waterfront property;

b.

The site improvement has existed since at least January 5, 2001;

c.

The site improvement is eligible to receive a building permit under the terms of the Florida Building Code; and,

d.

The site improvement does not limit or impair the reasonable use and enjoyment of any other property.

(b)

Intent and applicability.

(1)

It is the intent of this section to regulate nonconforming uses, structures and site improvements in the Town so as to manage their impacts and allow necessary maintenance and limited expansions where appropriate, while encouraging their conversion to conforming status over time.

(2)

A change in tenancy, ownership or management of a nonconforming use, structure or site improvement shall not be construed to terminate a nonconformity, provided the change is otherwise lawful and in compliance with this chapter.

(3)

The existence of a nonconformity shall not be used as a reason to add new uses, structures or site improvements that are not allowed by the regulations of this chapter, and shall not be used as a justification for a variance.

(4)

This section shall govern nonconforming uses, structures and site improvements throughout the Town, except where more specific provisions for nonconformities are explicitly provided for certain types of uses or improvements, or specific provisions are provided for nonconformities for a particular zoning district, in which case the provisions for those uses or site improvements, or in those particular zoning districts, shall control.

(c)

Nonconforming uses, as defined in this section, may continue, subject to the following provisions:

(1)

In the event that a nonconforming use is discontinued and replaced by a permitted use, regardless of how brief such period of time is and regardless of whether the permitted use obtains a certificate of use during such period, the nonconforming use shall not be resumed.

(2)

When a nonconforming use ceases for three consecutive months, or for a total of 12 months, whether consecutive or non-consecutive, during any three-year period, whether or not replaced by another use or uses, the nonconforming use shall not be resumed. The issuance or existence of a required license, permit or other governmental authorization to conduct such nonconforming use shall not mean that the use has not ceased, but the lack of any such required license, permit or authority shall create a rebuttable presumption that the use has ceased.

(3)

Where a structure contains, or partially contains, a nonconforming use, the removal or destruction of the structure, whether voluntary or involuntary, to an extent of more than 50 percent of the current replacement value of the structure or to an extent of more than 50 percent of the gross square footage of the structure, shall mean that the nonconforming use shall not be resumed. This shall be true whether the structure in question was conforming or nonconforming at the time of its removal or destruction.

(4)

Where a structure contains, or partially contains, a nonconforming use, and the structure becomes subject to an order to demolish by the Miami-Dade County Unsafe Structures Board, or there is a failure to comply with an order of the Miami-Dade County Unsafe Structures Board to correct one or more violations regarding the structure within the specified time period, the nonconforming use shall cease and may not be resumed.

(d)

Nonconforming structures, as defined in this section, may continue, subject to the following provisions:

(1)

Internal and external repairs (including but not limited to re-roofing, painting, window and door replacement, mechanical equipment repair and replacement and plumbing and electrical maintenance), alterations and improvements to a nonconforming structure that do not increase the size of the nonconforming structure (including but not limited to square footage and height), are permitted, so long as they do not increase the degree of nonconformity in any respect.

(2)

The following shall govern the expansion of a nonconforming structure:

a.

The expansion of a nonconforming structure shall be permitted if the total square footage of the improvement, and the total cumulative square footage of all expansions since the date that the structure became nonconforming, is less than or equal to 50 percent of the square footage of the structure at the time it became nonconforming. The expansion shall be in compliance with all provisions of this division, and shall not increase the degree of nonconformity of the structure in any respect.

b.

Where the total square footage of the proposed improvement, and the total cumulative square footage of all expansions since the date that the structure became nonconforming, is greater than 50 percent of the square footage of the structure at the time it became nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

(3)

If a nonconforming structure is subject to an order by the Miami-Dade County Unsafe Structures Board to be demolished, or there is a failure to comply, within the specified time period, with an order of the Miami-Dade County Unsafe Structures Board to correct one or more violations regarding said structure, then any future construction on the site shall be in compliance with current regulations.

(4)

If a nonconforming structure is destroyed, or partially destroyed, through deliberate action of the property owner, by explosion, fire, war or similar involuntary means other than a natural disaster, the following shall govern the replacement or reconstruction of the nonconforming structure:

a.

Should the nonconforming structure be destroyed to an extent that is both less than 50 percent of the replacement value of the structure on the date of destruction, and less than 50 percent of the gross floor area of the structure on the date of destruction, the portion of the nonconforming structure that remains undamaged may remain; however, the portion of the structure that has been destroyed shall only be replaced such that the replacement portion complies with the provisions of this chapter.

b.

Should the nonconforming structure be destroyed to an extent of 50 percent or more of the replacement value of the structure on the date of destruction, or to an extent of 50 percent or more of the gross floor area of the structure on the date of destruction, said nonconforming structure shall not be reconstructed except in full compliance with the requirements of this chapter.

(5)

If a nonconforming structure is destroyed, or partially destroyed, by a natural disaster, said nonconforming structure may be replaced in the same size, configuration and location as it existed at the time of destruction or partial destruction. Any changes in the nonconforming structure made as part of this replacement may only be permitted to the extent that said changes would reduce the degree of nonconformity.

(6)

If a nonconforming structure is moved for any reason in any distance whatsoever, other than as a result of governmental action requiring such movement, it shall thereafter conform to the provisions of this chapter.

(e)

Nonconforming site improvements may continue, subject to the following provisions:

(1)

No change shall be made to any nonconforming site improvement which increases the nonconformity. However, nonconforming site improvements may be repaired or replaced in order to maintain the aesthetic quality of the site improvement, as determined by the Administrative Official. Any such repair or replacement shall maintain or decrease the degree of nonconformity and must maintain the same size and configuration as the existing nonconforming site improvement, except and only to the extent that any changes in this regard would be conforming, or decrease the degree of nonconformity. Further, any such repair or replacement shall maintain the same or substantially visually similar material and color as the existing nonconforming site improvement, as determined by the Administrative Official. Any such repair or replacement shall be completed, and permits shall have been issued for any such repair or replacement, within one year of the removal of the nonconforming site improvement.

(2)

Full compliance with current landscaping requirements on a site, including parking lot landscaping requirements, shall be required when a principal structure on a site is expanded by an amount equal to or greater than either 20 percent of its replacement value or by 20 percent or more of its square footage on the date that this subsection became effective. For purposes of this provision, all expansions of square footage of any such structure shall be considered cumulatively from the date that this subsection became effective.

(3)

All nonconforming site improvements on a site shall be brought into full compliance with this chapter upon the occurrence of any one of the following:

a.

The total cumulative square footage of all expansions of a principal structure after the effective date of this subsection equal or exceed 50 percent of the square footage of the structure on said effective date;

b.

A nonconforming principal structure on the site is required to be brought into full compliance with this chapter according to the provisions of this section; or,

c.

A new principal structure is constructed on the site.

d.

The nonconforming site improvement in question is destroyed to an extent of 50 percent or more of its size or to an extent of 50 percent or more of its replacement value of the nonconforming site improvement on the date of destruction, whether the destruction is voluntary or involuntary on the part of the property owner, except that in the case of destruction caused by natural disaster, the nonconforming site improvement may be replaced in the same size, configuration and location as it existed at the time of destruction.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013; Ord. No. 16-189, § 2, 1-5-2016)

Editor's note— Ord. No. 16-189, § 2, adopted January 5, 2016, amended § 13-1612 to read as set out herein. Previously § 13-1612 was titled "Nonconforming use."

Lights for area lighting of outdoor areas, such as, but not limited to, tennis courts, golf courses, sporting areas or grounds, parking lots or areas, amusement or entertainment areas, and outside lighting for security purposes, shall not be permitted except under the following conditions:

(a)

Detailed plans shall be submitted to the Department showing the location, height, type of lights, shades, deflectors and beam directions.

(b)

The Department may issue a permit for such lighting if, after a review of the detailed plans therefor and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to such adjacent property, and will not create a traffic hazard on adjacent streets by reason of glare or the like.

(c)

Upon a determination by the Department that the proposed lighting will not conform to the provisions of this subsection or as to the negative effect such lighting may have on the adjacent area and neighborhood or traffic, after considering the detailed plan and such area and neighborhood, the Department shall not issue a permit for the same, and no such lighting shall be permitted until approved after public hearing.

(d)

In addition, outdoor lighting for recreational and off-street area parking purposes, or for any other purpose in the RU, AU and GU Zones shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half footcandle (vertical) and shall not exceed one-half footcandle (horizontal) illumination on adjacent properties or structures. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance from a registered engineer or architect or the duly authorized representative of such engineer or architect is provided stating that the installation has been field checked and meets the requirements as set forth above. The requirements of this subparagraph shall apply to any night lighting in BU and IU Zones abutting an RU, AU, or GU Zone.

(e)

It is not intended here to regulate permitted sign lights and it is not the intent to modify, amend or repeal any portion of the Florida Building Code.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013)

All buildings, structures and improvements to be constructed shall conform to and comply with the prevailing criteria and requirements of the Federal Aviation Administration and the Miami-Dade County Airport Zoning Regulations where applicable, with the exception of Miami Dade County Code Section 33-333 A.1.b. i and ii and Section 33-333 A.1. c. i and ii, regulations contrary thereto contained herein notwithstanding. The Director shall process applications for permits through the County Port Authority and Federal Aviation Administration whenever he deems it advisable.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013; Ord. No. 22-294, § 2, 4-12-2022)

Except as may be otherwise specifically provided in Section 13-308 of this Code, or in the Town of Miami Lakes Comprehensive Plan, the following minimum official right-of-way widths shall be observed:

(1)

On all section lines, 80 feet shall be the minimum right-of-way width, and on all other half-section (also known as quarter section) lines, 70 feet shall be the minimum official right-of-way width.

(2)

On all interior subdivision streets, 50 feet shall be the official minimum right-of-way width.

(3)

All five-acre fractional lines shall be deemed interior subdivision streets unless otherwise provided in this chapter, or unless waived by the Director and the Director of the Public Works Department.

(4)

On all alleys, 20 feet shall be the official minimum width. The center line of all streets, roads and highways shall be approved and/or established by the Director of Public Works; in all cases where the right-of-way does not follow a fractional line, the location of the right-of-way shall be determined by the Director of Public Works.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013)

In the RO-13 District, the BU Districts and the IU Districts, all applications for building permits where multiple buildings are proposed for a single site shall be accompanied by one of the following documents:

(a)

A unity of title, approved for legal form and sufficiency by the Town Attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property; or

(b)

A declaration of restrictive covenants, approved for legal form and sufficiency by the Town Attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. The declaration shall contain the following necessary elements:

(1)

That the subject site will be developed in substantial accordance with the approved site plan. That no modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the Director; provided the Director finds that the modification would not generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or tend to provoke a nuisance, or be incompatible with the area concerned, when considering the necessity and reasonableness of the modification in relation to the present and future development of the area concerned. Should the Director withhold such approval, the then owner(s) of the phase or portion of the property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the Town Council.

(2)

That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan.

(3)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

Easements on each parcel for attachment of buildings;

i.

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

j.

Appropriate reservation of rights to grant easements to utility companies;

k.

Appropriate reservation of rights to road rights-of-way and curb cuts;

l.

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

m.

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

These provisions or portions thereof may be waived by the Director if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the Town Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan.

Nonuse variances created solely by separate ownerships, pursuant to Subsection (b)(3) shall be waived by the Director.

(4)

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

(5)

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

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013)

(a)

Authority, application and processing. The Administrative Official shall have the authority to issue, modify or revoke permits for special events, in accordance with the criteria set forth in this section. The Town Council finds that special events are, by their nature, widely varied and unpredictable in their need for review, for Town services and in their potential impacts. Therefore, it is necessary for the Administrative Official to have flexibility to exercise independent judgment in decisions to approve or deny special event permits, to require modifications to proposed special events to impose conditions on special events, consistent with the provisions of this section.

(1)

A permit for a special event shall be required in order to hold a special event, as defined in this chapter, within the Town on public or private property.

(2)

Applicants wishing to hold a special event must submit a completed special event application, including such materials as the Administrative Official shall deem necessary to ensure compliance with the provisions of this section and all other Town regulations. Such materials may include, but shall not be limited to, a completed application form, site plan, fees, deposits, insurance and indemnification, documentation of required approval by other governmental entities, etc.

(3)

A fee for processing a special event application shall be required, as provided for in Section 13-2101 and Section 13-2102.

(4)

An applicant is required to submit a special event permit application no less than 30 days prior to the proposed special event. The Administrative Official or his/her designee may waive this requirement in cases where the application can be properly processed in less time; however, the Town shall be under no obligation to consider an application not received at least 30 days prior to the proposed special event.

(5)

Prior to issuance of a decision on a special event, the application shall be reviewed by Zoning, the Building Department, the Public Works Department, the Community and Leisure Services Department, the Fire Department and the Police Department, unless the Administrative Official determines that one of more of these departments are not relevant to the review of the particular application. The Administrative Official may also seek the review of other Town, county, state or federal agencies, as appropriate to the particular application.

(6)

In making a decision to approve or deny a special event permit, to impose conditions on a special event permit, determining necessary deposits, etc., the Administrative Official may consider the conduct of the same event in prior years and/or the conduct of special events in general on the property or properties of the same owner and/or tenant.

(b)

Event coordinator. The special event application shall designate a primary and secondary event coordinator. The primary event coordinator shall be present for the duration of the event, and shall be responsible for compliance with the requirements of the special event permit. In case of the unexpected absence of the primary event coordinator, the secondary event coordinator shall be responsible for fulfilling these duties.

(c)

Parking and traffic circulation. Special event applications shall demonstrate that adequate provisions will be made for vehicle parking needed for the event, and that provisions will be made to maintain reasonable traffic circulation, in accordance with the following.

(1)

In cases where the special event will rely on established parking areas, the applicant shall demonstrate the adequacy of parking for both the special event and any permanent uses on the same site or which make use of the same parking area. Consideration shall be given to the day and time of the proposed special event and the normal hours of operation of any permanent uses.

(2)

In cases where a special event will rely wholly or partly on on-street parking and/or temporary parking on areas not usually used for parking, the applicant shall demonstrate that such parking will be adequate and maintain reasonable traffic circulation, and not be unduly disruptive to residents and businesses.

(3)

Off-site parking areas may be allowed as follows:

a.

The applicant shall submit the written authorization of the property owner(s) of any areas to be used for parking.

b.

The applicant shall make reasonable accommodations to ensure safety, depending upon the location of the special event and parking area(s), such as use of a shuttle system, use of law enforcement personnel to direct traffic, etc.

(4)

If the closing of a street or streets is proposed as part of the special event (i.e. a parade, road race, block party, etc.), all appropriate authorizations for the street closure shall be obtained prior to the issuance of a special event permit.

(5)

Where the special event is expected to generate a large amount of vehicle traffic, the Administrative Official may require the hiring of off-duty law enforcement personnel to direct traffic.

(6)

Where the special event will take place wholly or partly in a parking lot, on a public or private street or other area where motorized vehicles normally travel, the event organizers must erect barricades and other appropriate guides to ensure safety. This shall be demonstrated on a site plan submitted as part of the special event application.

(7)

Events conducted by the Town within a Town park shall be exempted from the requirements of this section.

(d)

Outdoor events. Through issuance of a special event permit, the Town may allow for such event to take place outdoors, regardless of any other provisions of this chapter requiring uses to be within fully enclosed buildings.

(e)

Building permits required. If a proposed special event includes erecting or placing any structure or other item that requires a building permit (including but not limited to temporary fences, portable toilets, certain types of signs, certain tents, etc.) the building permit shall be obtained after submission of the special event permit application, and before receiving a special event permit.

(f)

Hiring of off-duty law enforcement personnel. The Town may require that an applicant for a special event permit hire off-duty law enforcement personnel in a number that the Town deems necessary to protect public safety and not unduly occupy the resources of on-duty law enforcement personnel.

(g)

Sanitation and clean-up. An applicant for a special event permit shall demonstrate that adequate sanitation services, including trash disposal containers and waste hauling, if necessary, will be provided during and after the special event. Further, the special event site shall be returned to a clean, neat and orderly appearance within 24 hours, or other time as specified by the Administrative Official as part of the special event permit approval, following the end of the special event. Any failure on the part of the applicant to return the special event site to a clean, neat and orderly appearance within 24 hours, or other time period specified by the Administrative Official, following the end of a special event shall empower the Administrative Official to effectuate needed clean-up at the expense of the applicant, as well as subject the property owner to code compliance action. The Administrative Official may require a monetary deposit of sufficient amount to cover clean-up prior to issuing a special event permit.

(h)

Serving alcohol. Special events in which alcoholic beverages are to be served shall be subject to the following:

(1)

If alcohol is to be served outdoors, or patrons allowed to consume alcohol outdoors, a temporary license must be obtained from the State of Florida Division of Alcoholic Beverages and Tobacco prior to issuance of a special event permit.

(2)

If an event to be held on Town property will include selling/serving of alcohol, the permittee shall be required to have an alcohol rider on their insurance policy meeting specifications required by the Town.

(3)

The Administrative Official may impose special modifications or conditions upon such events deemed necessary to protect public safety, which may include but shall not be limited to: requirements to hold the event or portions of the event further from a public or private road; requirements to include barriers, or to include barriers of greater strength; increased law enforcement presence; prohibitions on the types of alcohol containers that may be allowed; and, restrictions on the hours of operation of the event.

(i)

Signs. As provided in Article IX, a special event shall allow for the placement of certain temporary signs. For types of temporary signs that do not require a building permit, the special event permit shall constitute the authorization to place these signs. Such temporary signs shall follow all restrictions, including restrictions as to duration, in Article IX.

(j)

Conflicting events. In making a determination on a special event permit application, the Administrative Official may take into account any other approved or proposed special event(s) scheduled to take place at the same time, or times of normally heightened activity. In cases of two or more special event applications that, because of their locations, times, expected attendance or other relevant factors, the Administrative Official determines cannot reasonably be accommodated at the same time, priority shall be given, first, to annual events that have occurred for at least three consecutive years and, second, to applications in the order received.

(k)

Noise. As provided in Section 16-1, a special event permit may allow a temporary exemption from the requirements of the Town's noise regulations.

(l)

Insurance and indemnification. Where any special event is proposed to be conducted wholly or partly upon Town property, or upon the public right-of-way within the Town, the Town may require the applicant to carry appropriate insurance, according to specifications deemed appropriate by the Administrative Official, and/or to sign indemnification agreements, to hold the Town harmless in the event of injury, death, personal property destruction or personal property damage, prior to issuance of a special event permit. This provision in no way shall limit the Town's ability to make additional requirements for use of Town property in its capacity as property owner.

(m)

Enforcement. This section may be enforced in any or all of the following manners:

(1)

Through the issuance of a warning by a code compliance officer;

(2)

Through the issuance of a code compliance citation, upon a failure to correct a violation upon a warning;

(3)

By denial of subsequent applications for special event permits for the same event, or for events at other sites of the property owner or tenant, for whatever period of time the Administrative Official deems appropriate.

(Ord. No. 13-159, § 2, 9-10-2013; Ord. No. 14-177, § 2, 10-28-2014)

Editor's note— Ord. No. 13-159, § 2, adopted September 10, 2013, set out provisions for use herein as § 13-1617, special events. As a § 13-1617, definitions, existed at the time of codification, and at the editor's discretion, those provisions were included as § 13-1616.5, special events.

The following regulations apply to properties adjacent to lots where either a public or private school with grades kindergarten through 12 ^th is located, except for boarding schools or schools where overnight staying is available.

(a)

Any new construction adjacent to a school shall construct an eight-foot masonry fence along all property lines in common with the school property, school grounds or fenced in recreational facility.

(b)

Commercial, hotel or multifamily structures of more than two stories in height shall be set back a minimum of 25 feet from any property line that is shared with the school, school grounds, or fenced in recreational facility. This setback shall be heavily landscaped using shade trees and buses as to impede the wall from being climbed.

(c)

Any existing structure that is renovated by 50 percent or more of its appraised value as determined by the Building Official, shall comply with the above requirement if possible, or if not possible, comply with the following:

1.

No balconies, catwalks, terraces or operable windows shall face the school property. Private bedroom windows must be located as to not look down upon school grounds.

2.

All roofs shall be either gabled or sloped, and any roof access shall be restricted and monitored.

(d)

No firearm or weapon sales establishment or shooting range shall be located within 500 feet from a school property, school grounds or fenced in recreational facility.

(e)

No gas stations, service stations or any other use that offers or stores gasoline, diesel or any fuel shall be located within 500 feet from a school property, school grounds or fenced in recreational facility.

(f)

No storage of chemicals, fireworks or flammable or explosive products shall be located within 500 feet from a school property, school grounds or fenced in recreational facility.

(Ord. No. 20-263, § 3(Exh. A), 6-14-2020)

Editor's note— Ord. No. 20-263, § 3(Exh. A), adopted June 14, 2020, set out provisions intended for use as § 13-1617. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-1616.6, and at the discretion of the editor.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

If demand warrants or warranted demand means that the measured newspaper stack height needed to meet the newspaper publisher's or distributor's peak annual distribution at the requested newsrack location, as proven by the newspaper publisher or distributor, exceeds 14 inches.

Newsracks means any type of unmanned device for the vending or free distribution of newspapers or news periodicals.

Public right-of-way means any public street, highway, sidewalk, parkway or alley.

(Ord. No. 2012-147, § 2(§ 13.1611), 9-11-2012)

The purpose of the following is to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing, and insuring of newsracks on public rights-of-way and private property so as to:

(1)

Provide for pedestrian and driving safety and convenience.

(2)

Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.

(3)

Provide for public and property safety during hurricane conditions.

(4)

Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes.

(5)

Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed.

(6)

Maintain and protect the values of surrounding properties.

(7)

Reduce unnecessary exposure of the public to personal injury or property damage.

(8)

Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication.

(9)

Maintain and preserve freedom of the press.

(10)

Cooperate to the maximum extent with newspaper distributors.

(Ord. No. 2012-147, § 2(§ 13.1612), 9-11-2012)

No person shall place, affix, erect, construct or maintain a newsrack in the public right-of-way except in compliance with the provisions of this division.

(Ord. No. 2012-147, § 2(§ 13.1613), 9-11-2012)

(a)

Authority. The issuing authority and coordinator shall be the Public Works Director. The Public Works Director is responsible for fairly coordinating and administering the physical placement of newsracks in the public right-of-way of the type and location herein specified, and upon compliance herewith.

(b)

Approving authorities. The Public Works Director shall provide review and approval as to compliance with the requirements of this Article.

(c)

Applications. The applicant shall file with the Public Works Director a written application for registration that shall contain the following information:

(1)

The name, address, telephone number and e-mail address of the applicant who is the owner and/or principal in responsible charge of the newsrack.

(2)

The name, address, telephone number and e-mail address of a responsible person whom the Town may notify or contact at any time concerning the applicant's newsracks.

(3)

The number of newsracks and the proposed location of each shown on a drawing with sufficient information, as determined by the Public Works Director, demonstrating compliance with these requirements.

(4)

Names of newspapers or periodicals to be contained in each newsrack.

(5)

Acknowledgement from the applicant that all newsracks in the Town right-of-way shall be removed immediately upon issuance of a hurricane watch and authorization for the Town to remove any newsracks not so removed by the applicant, at the applicant's expense. Failure of the applicant to remove newsracks within 12 hours immediately following the issuance of a hurricane watch, or prior to the issuance of a hurricane warning, whichever occurs sooner, shall constitute a violation of this Code and each newsrack not so removed by the Applicant shall constitute a separate violation of the Town's Code.

(6)

Certification that the location of the proposed newsrack complies with the American with Disabilities Act (ADA) or other applicable, regulations, as may be amended, and authorization for the Town to remove any newsrack which conflicts with these requirements, at the applicant's expense.

(7)

Hold harmless agreement in a form acceptable to the Town Attorney indicating, at a minimum, that the applicant agrees to indemnify, defend and hold the Town of Miami Lakes, its agents and authorized personnel harmless and relieve them from any responsibility or liability for any claims, legal actions, damage(s), cost or expense (including, but not limited to Attorney's fees), which may arise, as a result of, or relating in any way to, the placement of the newsracks in the public right-of way or the Town's removal of newsracks as authorized in this division.

(Ord. No. 2012-147, § 2(§ 13.1614), 9-11-2012)

(a)

Prior to the placement of a newsrack(s) in the public right-of-way, which placement does not require alteration of the right-of-way or improvements therein, the applicant shall furnish to the Public Works Director a certificate of insurance (in accordance with Subsection (c) below) and a one-time only returnable bond deposit, except that returnable bonding amounts for newsrack installations (not requiring alteration of the right-of-way or improvements therein) shall be $50.00 per newsrack but in no case it will exceed $200.00 per applicant. All bond funds from all newsracks placed by an applicant may be comingled to off-set costs associated with the removal of any abandoned newsracks, or any newsracks removed by the Town pursuant to other sections of this Code from any individual applicant. Upon expenditure of bond funds to off-set costs incurred as a result of applicant's failure to comply with the Town's Code the Town shall notify the applicant in writing and the applicant shall replenish the bond amount to insure that the minimum of $50.00 per newsrack is maintained.

(b)

Before any permanent installation of newsracks in the public right-of-way, which installation requires any alteration of the right-of-way or improvements therein, in any fashion, the applicant shall apply for and receive approval of a permit from the Public Works Department in accordance with all applicable requirements. Said permit fees and permit requirements are in addition to the requirements for registration and bonding contained herein. No work shall be performed by any applicant or other person within or on, or cut into, the public right-of-way, or improvements located therein, until a bond deposit has been made in sufficient amount to provide for the restoration of the right-of-way upon removal of the newsracks (by the applicant or by the Town) and/or to provide for removal of the newsracks by the Town, if necessary pursuant to other portions of this Code. The bond amount shall be determined by the Director of Public Works; but in any event the minimum amount of such bond shall be $150.00 per newsrack, and maximum amount of such bond shall be 125 percent of the cost of proper restoration of the public right-of-way, the bond being to guarantee compliance with terms of the registration and permit shall be in place for as long as the applicant shall maintain the newsracks in the public right-of-way.

(c)

Before any permanent installation of newsracks in the public right-of-way, whether or not said installation requires any alteration of the right-of-way or improvements therein, the applicant shall furnish to the Town evidence that the applicant is carrying liability insurance, with the Town named as an additional insured, with bodily injury liability limits of $500,000.00, each person; $500,000.00, each occurrence, and property damage liability limits of $250,000.00, each occurrence, or bodily injury liability and/or property damage liability, single limit of $500,000.00, each occurrence.

(Ord. No. 2012-147, § 2(§ 13.1615), 9-11-2012)

There shall be a one-time only registration fee paid by the applicant prior to the issuance of the registration. The amount of this fee shall be as provided for in Section 13-2101 and Section 13-2102.

(Ord. No. 2012-147, § 2(§ 13.1616), 9-11-2012; Ord. No. 14-177, § 2, 10-28-2014)

Any applicant who has been denied registration, or informed that a newsrack is in violation of this division, pursuant to the provisions of this article, may file an appeal with the Town Manager by requesting, in writing, appearance before the Town Manager to review such notice or denial. The appeal shall be heard by the Town Manager within 30 days of the filing of the appeal. The decision of the Town Manager is subject to appeal pursuant to the requirements for such appeals contained elsewhere in the Town's Code.

(Ord. No. 2012-147, § 2(§ 13.1617), 9-11-2012)

Subject to the prohibitions set forth in Section 13-1626, newsracks shall be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed near the wall of a building must be placed parallel to and not more than six inches from the wall.

(Ord. No. 2012-147, § 2(§ 13.1618), 9-11-2012)

(a)

Newsracks shall be green, blue-green (turquoise) or yellow in color.

(b)

Newsracks shall carry no cardholders or advertising, but may display the name, with lettering and background of any color, of the newspaper being dispensed, in spaces in the locations and sizes set forth below [in Section 13-1626].

(c)

Newsracks shall be maintained in clean good working order at all times, freshly painted and with unbroken hoods.

(Ord. No. 2012-147, § 2(§ 13.1619), 9-11-2012)

No newsracks shall be placed, installed, used or maintained:

(1)

In conflict with Americans with Disabilities Act (ADA) and/or other applicable State and Federal accessibility related laws and regulations.

(2)

Within five feet of any marked crosswalk.

(3)

Within ten feet of any unmarked crosswalk.

(4)

Within ten feet of any fire hydrant, fire callbox, police callbox or other emergency facility.

(5)

Within ten feet of any driveway.

(6)

Within five feet in front of, and 15 feet to the rear of any sign marking a designated bus stop, measured along the edge of pavement.

(7)

Within two feet of any bus bench, or plaza bench.

(8)

At any location whereby the clear space for passageway of pedestrians is reduced to less than four feet.

(9)

Where a vertically protruding member of the newsracks is on or within 12 inches of any area improved with lawn or hedges or within three feet of flowers or trees.

(10)

Within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose, or within five feet of a building entrance.

(11)

On or within two feet of signs, parking meters, street lights or utility poles.

(12)

In any location deemed, unsafe, unsanitary or unsatisfactory in any way, as determined by the Director of Public Works, in his sole discretion.

(Ord. No. 2012-147, § 2(§ 13.1620), 9-11-2012)

In addition to other remedies authorized herein (including, but not limited to, removal of the newsracks by Town Staff or designated agents), within 150 days of the effective date of the ordinance from which this division is derived, and at any time thereafter, any newsracks in violation of any provision of this article shall be subject to remedy and due process under the code enforcement procedures or as otherwise authorized herein. A violation of this division shall carry a penalty of $100.00 per each newsrack found in violation of the Town's Code.

(Ord. No. 2012-147, § 2(§ 13.1621), 9-11-2012)

(a)

If any newsracks installed pursuant to this division does not contain the publication specified therefor within a period of 30 days after release of the current issue, the code enforcement division may deem the newsrack abandoned and take appropriate action for an ordinance violation. In addition, a newsrack shall be deemed abandoned when no publication is in the newsrack for a period of more than 30 consecutive days. At the Town's option, the Town may remove of and dispose of the abandoned newsrack at the applicant's expense. The cost of the removal and disposal of the newsrack shall be taken from bond funds posted by the applicant for all newsracks located in the Town.

(b)

In the event a newspaper publishing company or its distributor desires to voluntarily abandon a newsrack location, the distributor shall notify the Public Works Director, completely remove the newsrack and mount, and restore the public right-of-way to a safe condition, leaving no holes or projections in the mounting surface.

(Ord. No. 2012-147, § 2(§ 13.1622), 9-11-2012)

The Town Council finds that certain transitory uses of residential property may negatively affect the residential character of a community and invite illicit activity. Therefore, it is necessary and in the interest of the public health, safety, and welfare to monitor and provide reasonable means for citizens of the Town of Miami Lakes to mitigate impacts created by such transitory uses of residential property within the Town. It is unlawful for any owner of any property within the geographic bounds of the Town of Miami Lakes, Florida, to rent or operate a vacation rental of residential property contrary to the procedures and regulations established in this article, county or state law.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

For the purpose of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Bedroom or sleeping room shall mean a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom or interior room.

Certificate of compliance shall mean a document issued by the Town finding the building, land use or site complies with the applicable code regulations and procedures.

Garbage shall include all forms solid waste as defined in Section 37-151 of the Town Code.

Owner shall mean an individual, firm, association, syndicate, partnership, or corporation owning or having a proprietary interest in a parcel of land.

Person shall mean a corporation, company, association, society, firm, partnership, or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.

Residential property refers to single-family, townhouse, and multifamily residential units.

Responsible party shall mean the owner, or the person designated by the owner of the property to be called upon to answer for the maintenance of vacation rental property and for the conduct and acts of occupants of the vacation rental property.

Transient occupants (occupants) shall mean any person, or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered or used as a vacation rental. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the vacation rental is a transient occupant.

Vacation rental shall mean any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests, but that is not a timeshare project.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

(a)

Registration required. It is unlawful for any person to allow another person to occupy any residential property as a vacation rental within the Town of Miami Lakes, or offer such rental services within the Town, unless the person has registered the vacation rental property with the Town and the vacation rental property has been issued a certificate of use (CU) and business tax receipt (BTR) in accordance with the provisions of this article.

Application for a vacation rental. In additional to the standard Town certificate of use (CU) and business tax receipt (BTR) application information and documentation, applications for registration shall set forth at a minimum:

(1)

The legal description of the property offered for rental (i.e., address, lot, block and subdivision name);

(2)

Name, address, and phone number of owners of said property;

(3)

Name, address, and emergency contact phone number of the responsible party for said property, which shall be available at all times;

(4)

An approved inspection report of the Miami-Dade County Fire Rescue Department verifying compliance with the department's criteria for a residential dwelling transient lodging use;

(5)

Agreement by the responsible party that the phone number for the responsible party will be which shall be available at all times;

(6)

Agreement by the owner and responsible party to all of the following:

a.

That all vehicles associated with the vacation rental must be parked in compliance with the Code of Ordinances of the Town of Miami Lakes;

b.

That it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in Chapter 16, of the Town Code of Ordinances;

c.

That the owner, responsible party and property shall comply with all applicable city, county, state, and federal laws, rules, regulations, ordinances and statues including, but not limited, to the Fair Housing Act. In addition to the prohibitions set forth in the Fair Housing Act, the owner and responsible party shall not refuse to rent the vacation rental or terminate a rental due to the sexual orientation or gender identification of the transient occupant/transient occupant applicant;

d.

That no solid waste container shall be located at the curb for pickup before 6:00 p.m. of the day prior to pickup, and the solid waste container shall be removed before midnight of the day of pickup;

e.

That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a property, or, having been authorized, licensed, or invited, is warned by the owner or lessee, to depart the property and refuses to do so, commits the offense of trespass in a structure or conveyance;

f.

That the application and any related approvals are specific to the property identified in the application and approval; other properties are not jointly shared commodities and should not be considered available for use by transient occupants of the property, which is the subject of the application; and

g.

That the subletting of any vacation rental property is strictly prohibited.

(7)

Proof of owner's current ownership of the property;

(8)

Proof of registration with, or exemption from, the Florida Department of Revenue for sales tax collection and Miami-Dade County for Tourist and Convention Development Taxes, where applicable;

(9)

Proof of licensure with, or exemption from, the Florida Department of Business and Professional Regulation for a transient public lodging establishment, where applicable; and

(10)

Proof that notice has been provided to the homeowners association, condominium, cooperative or management of the complex in which the vacation rental unit or units are proposed, and an affidavit executed by the homeowner acknowledging that their homeowners association, condominium, cooperative or managements of the complex in which the vacation rental unit or units certificate of use.

(11)

Submission of an incomplete registration application form shall result in rejection of the application.

(b)

False information. It shall be unlawful for any person to give any false or misleading information in connection with the application for registration required by this article. This section shall be strictly enforced to the fullest extent ted by all applicable law. Penalties shall include revocation of rental certificate of use and may include criminal penalties.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

The Town will charge a fee of $500.00 to obtain a vacation rental certificate of use. This fee will cover administrative time in processing the application, and will include a life/safety inspection. A renewal fee of $500.00 for said and for enforcement of these Code provisions. The fees for a vacation rental CU and BTR shall be provided for by resolution adopted by the Town Council of the Town of Miami Lakes.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

(a)

Whenever any property is required to be registered under this article, the owner shall appoint a natural person who resides within the Town to serve as the responsible party for service of notices as are specified herein, and notices given to the responsible party shall be sufficient to satisfy any requirement for notice to the owner. An initial responsible party shall be designated, and name submitted with the application for registration, and the Town Manager or his designee shall thereafter be notified of any change of responsible party within 15 days of such change. Further, it is the affirmative duty of the responsible party to:

(1)

Inform all occupants, in writing, prior to occupancy of the property of applicable Town of Miami Lakes ordinances concerning sex offenders and sex offender residency prohibition, noise, vehicle parking, garbage, and common area usage with a copy of the applicable Town ordinances printed in the English and Spanish languages and posted prominently near the main entrance of the establishment;

(2)

Maintain all properties under their control in compliance with the occupancy limits, as specified in this article, the Florida Building Code and the Code of Ordinances of the Town of Miami Lakes, Florida, as determined by the building official or his designee;

(3)

See that the provisions of this article are complied with and promptly address any violations of this article or any violations of law which may come to the attention of the responsible party;

(4)

Be available with authority to address and coordinate solutions to problems with the rental of the property 24 hours a day, seven days a week;

(5)

Be situated close enough to the property as to be able to, and shall, respond to emergency calls within two hours of notification;

(6)

Keep available a register of all renters which shall be always open to inspection by authorized personnel of the Town; and

(7)

Maintain the entire property free of garbage and litter that is not stored in authorized receptacles for collection in compliance with the applicable code provisions.

Failure of the owner to report a change of the responsible party, or failure of the owner or responsible party to perform the tasks listed herein may result in revocation of the vacation rental certificate of use.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

(a)

Minimum requirements for issuance of a vacation rental certificate of use. The Town Manager or his designee may issue a vacation rental certificate of use to the applicant upon proof that the following has occurred:

(1)

A Florida Department of Revenue certificate of registration for purposes of collecting and remitting tourist development taxes, sales surtaxes and transient rental taxes, where applicable;

(2)

A Florida Department of Business and Professional Regulations license as a transient public lodging establishment, where applicable;

(3)

An approved inspection report of the Miami-Dade County Fire Rescue Department verifying compliance with the department's criteria for a residential dwelling transient lodging use;

(4)

An affidavit, demonstrating initial and on-going compliance with vacation rental standards contained herein, plus any other applicable local, state and federal laws, regulations and standards to include, but not be limited to F.S. ch. 509, and Rules, Chapter 61C and 69A, Florida Administrative Code; and

(5)

The applicant shall abide by Miami-Dade County Minimal Housing Standards.

(6)

A copy of the vacation rental/lease agreement form to be used when contracting with transient occupants.

(b)

Vacation rental standards. The following standards shall govern the use of any vacation rental as a use:

(1)

Minimum life/safety requirements:

a.

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of Residential Swimming Pool Safety Act, F.S. ch. 515 and applicable local law as amended from time to time.

b.

Bedroom or sleeping rooms. All bedrooms or sleeping rooms shall meet the minimum requirements of the Florida Building Code.

c.

Smoke and carbon monoxide (CO) detection and notification system. If an interconnected and hard-wired smoke and carbon monoxide (CO) detection and notification system is not in place within the vacation rental unit, then an interconnected, hard-wired smoke alarm and carbon monoxide (CO) alarm system shall be required to be installed and maintained on a continuing basis consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code—Residential.

d.

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the locations.

e.

There shall be posted, next to the interior door of each bedroom or sleeping room a legible copy of the building evacuation map—Minimum "8½ by 11 inches."

(2)

Maximum occupancy. The maximum vacation rental occupancy shall not exceed the smallest occupancy calculated pursuant to each of the following standards:

a.

One person per 150 gross square feet of air-conditioned living space;

b.

Two persons per bedroom or sleeping room, meeting the requirements for a bedroom or sleeping room in the Florida Building Code, plus two additional persons that may sleep in one common area; and

c.

The maximum occupancy shall be limited to two transient occupants per sleeping room and two transient occupants per any other room in the vacation rental unit. As a way of example, this means a maximum of two persons per bedroom/maximum of two additional persons per living room/great room/den/etc. (does not include kitchens, bathrooms, closets, pantries, hallways, laundry rooms, and porches).

d.

Three transient occupants per one off-street parking space legally available to the property, the exact number of which is determined by the requirement of Chapter 13, Article VIII, of the Town of Miami Lakes Code of Ordinances.

(3)

Solid waste handling and containment. Town solid waste containers shall be provided for the maximum transient occupancy by this article, as required in Section 16-23. Appropriate screening and storage requirements for solid waste containers shall apply per any development approval and be incorporated into the certificate. For purposes of this section, a solid waste container shall not be placed at curbside before 6:00 p.m. of the day prior to solid waste pickup, and the solid waste container shall be removed from curbside before midnight of the day of pickup.

(4)

Minimum vacation rental/lease agreement wording. The vacation rental/lease agreement shall contain the minimum information as provided for in this subsection as approved by the Town Manager or designee. The applicant shall be responsible to post a copy of the vacation rental certificate of use and other Town mandated documentation in a conspicuous place that is readily available to the renter.

(5)

Minimum vacation rental lessee information. The vacation rental lessee shall be provided with a copy of the information required in this subsection and the owner or responsible party shall post all of the following conspicuously within each vacation rental unit:

a.

A statement advising the occupant that any sound that is a noise disturbance as provided per definition in Section 16-1 of the Code of Ordinances of the Town of Miami Lakes is subject to Town Code enforcement, including but not limited to fines;

b.

A sketch of the location of the off-street parking spaces available to the property;

c.

The days and times of trash pickup and the solid waste handling and containment requirements of this article;

d.

The location of the nearest hospital; and

e.

The local non-emergency police phone number.

(6)

Responsible party designation. The owner shall act as, or retain at all times, a designated responsible party capable of meeting the duties provided in this chapter.

(7)

Advertising. Any advertising of the vacation rental unit shall conform to information included in the vacation rental business tax receipt (BTR) and the property owner's approval, including but not limited to the maximum occupancy.

(8)

Sexual offenders and sexual predators. It is unlawful to allow another person to occupy a residential property as a vacation rental within the Town of Miami Lakes, knowing or should have known that it will be occupied by a person prohibited from establishing a permanent residence or temporary residence at said residential property pursuant to Section 12-19 of the Code of Ordinances, if such place, structure, or part thereof, is located within 2,500 feet of any school, designated public school bus stop, day care center, park or playground or other place where children regularly congregate.

(9)

Posting of certificate of compliance. The certificate of compliance shall be posted on the back of or next to the main entrance door and shall include at a minimum the name, address and phone number of the responsible party and the maximum occupancy of the vacation rental.

(10)

Other standards. The occupant shall be advised that all standards contained within the Code of Ordinances and Land Development Regulations of the Town of Miami Lakes including, but not limited to: Noise, setbacks, and stormwater, are applicable to the vacation rental and may be enforced against the occupant.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)

(a)

Reserved.

(b)

The vacation rental certificate of use not transferable. No vacation rental [certificate of use] issued under this article shall be transferred or assigned or used by any person other than the person to whom it is issued, or at any location other than the location for which it is issued.

(c)

Expiration of vacation rental certificate of use. All vacation rental [certificates of use] issued under the provisions of this article shall be valid for no more than one year, and all vacation rental [certificates of use] shall expire on September 30 of each year. Fees for renewal and applicable late renewal fees shall be established by resolution of the Town Council.

(d)

Revocation.

(1)

Any rental vacation use issued pursuant to this article may be denied, revoked, or suspended by the Town Manager for the violation of this article, any provision of the Town of Miami Lakes Code of Ordinances, or federal or state law by the owner, responsible party or occupants. Such denial, revocation or suspension is in addition to any penalty provided herein.

(2)

Offenses/violations.

a.

Noncompliance with any provisions of this article shall constitute a violation of this article.

b.

Separate violations. Each day a violation exists shall constitute a separate and distinct violation.

c.

Sexual offender and sexual offender occupancy/residency. If a person or persons, as defined in Section 12-19 of the Town Code, are found to occupy a vacation rental unit, all Town issued BTRs or other rights to use a dwelling unit as a vacation rental shall be revoked immediately.

(3)

Remedies/enforcement. Violations of this article shall be subject to penalties as part of a progressive enforcement program with the primary focus on compliance and compatibility with adjoining properties, versus penalties and legal actions. To accomplish a safe and effective vacation rental program it is key that vacation rental owners and responsible parties are responsive and responsible in the management of the property for compliance with this section. Code enforcement activities will be conducted in accordance with F.S. ch. 162 and Code of Ordinances of the Town of Miami Lakes. The remedy/enforcement provisions set forth herein shall take precedent over other Town Code enforcement regulations. If an owner, as defined hereinabove, owns and operates multiple vacation rental units in the Town, the cumulative offenses that occur in the vacation rental units shall be used in enforcement actions. Additionally, the Town shall have the authority to foreclose any code enforcement lien that may exist on any non-homesteaded property, as defined by Florida law.

a.

Warnings. A warning shall be issued for a first-time violation and have a correction/compliance period associated with it. Such a warning may include notice to other agencies for follow-up by such agencies, such as the Florida Department of Business and Professional Regulation, the Florida Department of Revenue, the Miami-Dade County Tax Collector and the Miami-Dade County Property Appraiser, as applicable. Noncompliance within a correction compliance period shall result in the issuance of a civil violation notice (citation).

b.

The Town shall prosecute a code violation pursuant to Chapter 8 of the Town Code titled "Code Enforcement." The Town may also rely on an appropriate enforcing agency at the state or local level.

c.

A violation of any of the provisions of this division is punishable by a fine of up to $250.00 for a first time violation and up to $500.00 for a repeat violation.

d.

Additional remedies. Nothing contained herein shall prevent the Town from seeking all other available remedies which may include, but not be limited to suspension or revocation of a vacation rental CU and BTR, injunctive relief, liens, revocation of the vacation rental, and other civil and criminal penalties, including foreclosure of Town Code Enforcement Liens, as provided by law, as well as referral to other enforcing agencies.

(4)

Suspension of vacation rental. In addition to any fines and any other remedies described herein or provided for by law or equity, the Town of Miami Lakes may suspend a vacation rental CU and BTR for multiple violations of the maximum occupancy in any continuous 12-month period, in accordance with the following:

a.

Suspension timeframes.

1.

Upon a second violation of the maximum occupancy the vacation rental shall be suspended for a period of 30 calendar days.

2.

Upon a third violation of the maximum occupancy the vacation rental shall be suspended for a period of 12 calendar months.

3.

For each additional violation of the maximum occupancy the vacation rental shall be suspended for an additional 12 calendar months.

4.

As related to violations of the Town's sexual offender regulations found in Section 12-19 of the Town Code and the provisions set forth herein, the Town shall immediately revoke the vacation rental indefinitely, and shall not re-issue a until the Town Police Commander or designee approves the re-issuance.

b.

Suspension restrictions. An occupant may not occupy a vacation rental during any period of suspension of a vacation rental.

1.

The suspension shall begin immediately following notice, commencing either:

i.

At the end of the current vacation rental lease period; or

ii.

Within 30 calendar days, whichever date commences earlier, or as otherwise determined by the Town Manager or designee.

(5)

Operation of a vacation rental during any period of suspension shall be deemed a violation pursuant to this article and shall be subject to daily fine, up to the maximum amount as otherwise provided in Florida Statutes for repeat violations, for each day that the vacation rental operates during a period of violation.

(6)

Number of violations. For purposes of this section only, violations shall be identified per the rental period or per every seven days, whichever is less and for only those violations in which a code enforcement citation or criminal charge was issued. Violations could potentially occur multiple times over the same rental period. If an owner, as defined hereinabove, owns and operates multiple vacation rental units in the Town, all cumulative offenses that occur in the vacation rental units shall be used in enforcement actions.

(e)

Complaints. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Town Manager or his designee. The Town Manager or his designee shall promptly record such complaint, investigate, and act thereon in accordance with this article.

(f)

Enforcement. The Town Manager or their designee shall enforce the provisions of this article.

(Ord. No. 22-302, § 2, 7-25-2022; Ord. No. 25-334, § 2(Exh. A), 3-18-2025)