A.

Accessory uses and structures. The following accessory uses and structures shall be permitted when such uses or Structures are ancillary, in connection with, and incidental to, the Principal Use or structure allowed within the Zoning District in which the principal use or structure is located.

1.

Permitted accessory uses by zoning district.

a.

In single family residential districts:

(1)

Private garages or carports provided:

(a)

No solid wall exterior facades or enclosures are allowed;

(b)

Enclosures must create window facades proportional to the existing windows at the front of the home;

(c)

A landscaped area is created in front of the enclosed garage to a depth of 24 inches and covering the width of the original garage opening; and

(d)

Such greenspace shall be cut out from any existing driveway material that may run up to the new enclosure, or enclosure may maintain a garage door facade.

(2)

Private swimming pools, cabanas, whirlpools, saunas, spas, hot tubs, tiki huts, patios, pergolas, trellises, and similar.

(3)

Private tennis, basketball, or volleyball courts or other similar outdoor recreational uses and facilities.

(4)

Storage structures (sheds) provided no such structure exceeds 150 square feet in gross floor area and is not more than 12 feet high from grade.

(5)

In the RS-1 and RS-2 districts, the following shall be permitted:

(a)

Rooftop decks and terraces, not exceeding a combined surface area of 25% of the enclosed floor area immediately one floor below or 400 square feet, whichever is greater, and set back at least 10 feet from each side of the structure's exterior outer walls, when located along a side elevation not facing a street, and from the rear elevation for non-waterfront lots. Rooftop decks and terraces shall meet the requirements of Subsection 8.17.G. and Section 9.21.

(6)

In the RS-1 and RS-2 districts, the following shall also be permitted:

(a)

Rooftop enclosures no more than 200 square feet in area, excluding the enclosed square footage dedicated to an interior staircase or elevator shaft. The enclosure shall be located as close to the center of the roof as possible and be visually recessive such that it does not become a vertical extension of exterior building elevations as viewed from any property line as demonstrated by a sightline diagram and shall meet the height restrictions of Subsection 8.17.G.7. Rooftop enclosures shall not have interior plumbing or kitchen facilities.

b.

In RM-70 multifamily residential districts, the following Accessory Uses may be permitted:

(1)

Support. Building management offices within Structures containing eight (8) or more Dwellings Units.

(2)

Nonresidential.

(3)

Professional Service offices and Personal Service establishments of an Ancillary nature, as well as Neighborhood-Serving Retail limited to small-scale, low-intensity specialty retail such as gift shops, flower shops, newspaper and magazine stands; convenience goods and services such as mini-mart or Daycare; and food shops such as bakery, confectionery, ice cream parlor, refreshment stand, delicatessen, and Coffee Shops; along with Restaurants offering waterfront dining, may be permitted with external entrances (including from the Island Walk) external Signs and display windows subject to the following conditions:

(a)

Professional services shall exclude all medical-related providers, including, but not limited to, dental, vision and veterinary services.

(b)

Personal services shall be limited to hair care and aesthetic services, physical fitness conditioning, pet grooming, and laundry services (drop-off/pick up only).

(c)

The signs shall not abut or face a public Right-of-Way and cannot be readable from the public right-of-way.

(d)

Such external signs shall be affixed flat against the Facade or Awning canopy of the commercial space occupied by the Nonresidential Use.

(e)

Such external signs shall not exceed in area ten percent (10%) of the area of the facade of the space occupied by the nonresidential space.

(f)

Such external signs shall be compatible as to materials, background, and style with all adjacent and contiguous nonresidential facilities with the overall design character of the Structure.

(g)

The area of such nonresidential uses shall not exceed 0.05 percent of the net square footage of the structure up to a maximum of 10,000 square feet.

(h)

Additional parking shall be provided within the development at the ratios established for the specific nonresidential uses in Section 9.3 of the ULDC.

(4)

Integrated structured parking in compliance with the standards of subsections 9.3.E. and I.

(5)

Covered or sheltered entrance feature/porte cochere up to the property line, provided the structure meets the following conditions:

(a)

Vertical clearance of at least fourteen (14) feet. If loading/unloading is to be provided at this location, then vertical clearance shall be at least fourteen and a half (14½) feet.

(b)

Columns may be provided to support a porte cochere.

(6)

Private Swimming Pools, cabanas, tiki huts, whirlpools, saunas, spas, and hot tubs. Such Structures must comply with the applicable Setback standards unless the structures are located off the ground plane on an amenities deck).

(7)

Private tennis, basketball or volleyball courts or other similar Ancillary outdoor recreational uses.

(8)

Integrated storage areas provided the storage is reserved for residents of the subject property and provided the storage area does not exceed five percent (5%) of the gross floor area of the Structure.

(9)

Rooftop decks and terraces, not exceeding a combined surface area of eighty percent (80%) of the enclosed Floor Area immediately one floor below and set back at least five (5) feet from each side of the structure's exterior outer Walls, when located along a side elevation not facing a street. Rooftop decks and terraces shall meet the requirements of subsection 8.17.G. and Section 9.21.

c.

In all zoning districts.

(1)

Television and radio antenna structures, except for those of a microwave relay or transmission nature, subject to the provisions of Section 8.13.N.

(2)

Caretaker quarters when such quarters are associated with an active construction project.

(3)

Doghouse, pens, and other similar structures for the keeping of commonly accepted household pets, provided, however, the requirements of Sections 91.03 and 91.10 through 91.12 of the Village Code of Ordinances are complied with.

(4)

Disaster Shelters.

(5)

Green Building Features pursuant to Division 5 of this Chapter, as may be amended from time to time.

2.

Special Regulations. The following regulations shall apply to all Accessory Uses and Structures:

a.

No Accessory Uses shall be occupied or utilized unless the Principal Structure to which it is accessory is occupied or utilized.

b.

All accessory uses and structures shall comply with the use limitations applicable in the Zoning District in which they are located

c.

All accessory uses and structures shall comply with the site development standards applicable in the zoning district in which they are located, unless specifically authorized otherwise herein.

d.

All accessory uses shall be arranged and maintained so as not to encroach into any required yard setback area, unless specifically authorized otherwise within the provisions of this Chapter, or Chapter 15 for properties located in the T6-24 and T6-30 district.

e.

All accessory structures shall comply with all provisions of the Florida Building Code, as amended from time to time.

B.

Seawall Standards. In addition to all other requirements of this Code, all properties directly abutting North Bay Village's shoreline, upon, and as part of, their development, redevelopment or substantial improvement, shall be required to design, construct, and otherwise conform their respective seawalls to the design criteria and standards established in the Seawall Design Criteria Project Memorandum, dated October 19, 2020, prepared by Moffatt & Nichol for the Village, as may be updated from time to time, which is incorporated into the Code as Appendix "A" and made a part hereof by reference. The construction of new or expansion of existing docks, piers, boat lifts, and similar waterside improvements is included in the scope of development that triggers the requirement for compliance with this section.

(Ord. No. 2019-001A, § 2(Exh. A), 2-28-19; Ord. No. 2019-009, § 2, 7-22-19; Ord. No. 2020-001, § 2, 1-14-20; Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2021-012, § 3, 6-30-21; Ord. No. 2023-011, § 3(Exh. B), 9-28-23; Ord. No. 2024-004, § 2(Exh. A), 3-12-24; Ord. No. 2024-005, § 1(Exh. A), 5-14-24)

Editor's note— Ord. No 2019-001A was adopted Feb. 28, 2019, but was not executed by the Mayor, Clerk, and Village Attorney until Feb. 28, 2023.

Note— See editor's note at § 8.15.