(A)

All buildings located in commercial Zoning Districts (B-1, B-2, B-3, B-4, B-5, and FCC) are required to obtain a permit to paint building exteriors. Allowable paint colors are as follows:

(1)

Base: Must have a light reflectance value (LRV) of 35 or greater.

(2)

Trim: May be any solid color.

(Ord. No. 2012-34, § 3, 1-2-13)

(A)

Requirements.

(1)

Equipment screening: All outdoor washers, dryers or refrigerators and all trash compactors shall be screened by a six (6) foot fence or wall with a gate, except as restricted by (C)(3) below.

(2)

Commercial screen adjacent to residential: A six (6) foot high solid masonry wall shall be required along all side and rear commercial or industrial property lines which are contiguous to a residentially zoned property, subject to vision clearance requirements established elsewhere in this section.

(3)

Outdoor storage: All permitted outdoor commercial storage areas shall be visually screened from public view by a six (6) foot high solid wood or masonry fence or wall.

(4)

Salvage yard: All salvage yards shall be visually screened from public view by an eight (8) foot high solid masonry wall, which shall be without openings, except entrance and exit. Such openings shall be equipped with gates forming an opaque visual obstruction.

(5)

Tennis court: A ten (10) foot high chain link fence may enclose any permitted tennis court facility, subject to required yard setbacks.

(6)

Design: All fences and walls shall be finished on both sides and be harmonious in color, type and material with adjacent architecture and lots.

(7)

Temporary perimeter fencing: Temporary perimeter fencing required as part of a construction site shall comply with Section 16-5 Construction Sites.

(B)

Prohibitions.

(1)

No fence, wall or hedge may be constructed, installed or maintained which in any manner creates a visual obstruction to vehicular traffic or conflicts with the requirements of Section 24-82 herein.

(2)

No fence or wall may be constructed, installed or maintained which includes barbed wire, broken glass, electrical elements, or other hazardous materials, except in the case of a business-zoned property where outdoor storage is authorized, a one (1) foot high nonelectrified barbed wire extension may be allowed atop a permitted fence or wall.

(3)

No permanent solid fence or wall which does not allow air and light to freely pass through may be constructed, installed or maintained in Blocks 1 through 6 and 9 through 28, including Buffer Extensions (Tracts 1, 2 and 3) lying north and adjacent to Blocks 1, 2 and 9, of TRAILER CITY SUBDIVISION as recorded in Plat Book 46, at page 60, of the Public Records of Miami-Dade County, Florida.

(C)

General Requirements.

(1)

Construction and materials:

(a)

All fences and walls shall comply with the Florida Building Code, as amended.

(b)

No fence or wall may be constructed of materials which will be hazardous to the health, safety, or welfare of persons or animals.

(2)

Maintenance: All fences, walls and hedges shall be maintained in a safe, attractive and nonhazardous condition. Walls and fences, unless of natural materials or galvanized, shall be properly painted.

(3)

Maximum height:

(a)

RS-1, RS-2, RS-3, RS-4, RS-5, MH-1, RD, and RO Zoning Districts: No permanent fence or wall shall exceed six (6) feet in height within a required rear, corner side, and interior side yard, or four (4) feet in height within a required front yard. Pedestrian and vehicular gates may be increased by one (1) additional foot for decorative features. Any questions as to such heights may be conclusively determined by a registered civil engineer, a registered land surveyor or an architect at the applicants cost. Fences around tennis courts will be permitted to a height of ten (10) feet. Solid waterfront walls and permanent fences shall not be permitted in excess of three (3) feet in height. The heights of elevation of any wall or permanent fence under this section shall be measured from adjacent grade of the subject property at the base of the fence to the topmost point on the fence or fence post, or as may be reasonably determined by the Community Development Department based upon the existing ground conditions.

(b)

RM-19 Zoning District: See Section 24-47(D)(e).

(c)

RM-23, RM-32, and FCC Zoning Districts: No permanent fence or wall shall exceed six (6) feet in height. Pedestrian and vehicular gates may be increased by one (1) additional foot for decorative features.

(d)

Under all circumstances, in all residential districts the six-foot height of any permanent fence or wall shall not begin prior to the front building line.

(e)

In all nonresidential districts, no permanent fence, wall or hedge shall exceed six (6) feet in height, except as may be permitted or further restricted elsewhere in this section.

(4)

Hedges:

(a)

In all commercial and multifamily zoning districts no hedge shall exceed the allowable height of a fence or wall in its corresponding yard.

(b)

In the RS-1, RS-2, RS-3, RS-4, RS-5, MH-1, RD, and RO Zoning Districts hedges shall be limited to four (4) feet in the required front yard and eight (8) feet in the required rear, interior side, and corner side yards.

(c)

Under all circumstances, in the RS-1, RS-2, RS-3, RS-4, RS-5, MH-1, RD, and RO Zoning Districts, the eight (8) foot height of any hedge shall not begin prior to the front building line.

(Ord. No. 2012-13, § 3, 8-7-12; Ord. No. 2015-2, § 2, 1-20-15; Ord. No. 2016-15, § 2, 12-6-16; Ord. No. 2020-01, § 2, 2-18-20)

All pitched roofs shall have a minimum pitch of three and one-half (3½) feet in twelve (12) feet. Flat roofs are permitted only as an architectural design element, and shall not be planned nor used as a rooftop terrace for recreational purposes or be accessible by elevator. Attached Florida rooms, porches and garages may be constructed with flat roofs. Any rooftop equipment shall be screened. Flat roof materials shall not contain any loose aggregates that may become airborne in the event of a hurricane. Flat roofs shall be designed to be properly drained and maintained free of mold and debris.

(Ord. No. 2015-1, § 2, 1-20-15)

(A)

Every part of every required front, side and rear yard setback shall be open and unobstructed from finished grade to the sky except as herein provided.

(1)

Roof overhangs, cornices, chimneys, sills and belt courses may extend into any required yard setback area, provided that any such extension shall not exceed three (3) feet or one-third (⅓) the width of the required setback, whichever is less.

(2)

Awnings and canopies, which are attached to a principal building and well-maintained, may extend into any required yard setback area, provided that any such extension shall not exceed five (5) feet or one-third (⅓) the width of the required setback, whichever is less.

(3)

Balconies may extend up to five (5) feet into any required yard setback area, provided that such extension shall not exceed one-third (⅓) the width of the required setback.

(4)

Carports may extend to within five (5) feet of any front, side or rear property line, provided that such structures shall be attached to or abut a principal building, shall be open on three (3) sides, shall be supported by posts or columns spaced not less than four (4) feet apart, and shall extend over a paved driveway which connects to an adjacent street or alley. Carports associated with single-family residences may not exceed a total of four hundred (400) square feet, and have a maximum width of twenty (20) feet and a maximum depth of twenty (20) feet. Carports must be aesthetically pleasing and harmonious with the structure to which they are associated. Carports are prohibited in the RS-1 Zoning District (See Section 24-41(D)(9)(i)).

(5)

Mechanical equipment or decks may project up to four (4) feet into any required side yard or rear yard, provided that at least one (1) side yard maintains a minimum continuous unobstructed width of five (5) feet. Mechanical equipment must be located at the minimum finished floor elevation for the structure to which they are associated, and must be visually screened from ground view of surrounding and adjacent properties. Window air-conditioning units may project up to eighteen (18) inches into any required setback.

(6)

Storage structures and utility sheds are prohibited in the front yard, required to maintain a minimum distance of five (5) feet from any rear yard lot line and must meet the side yard setbacks prescribed to its zoning district. One (1) storage structure or utility shed may be permitted per property, provided that such structures do not exceed one hundred (100) square feet in gross floor area and ten (10) feet in height. Storage structures are prohibited in the RS-1 Zoning District (See Section 24-41(D)(9)(i)).

(7)

Porte-cocheres may extend to within thirteen (13) feet of any front yard setback, provided that such structures are constructed of masonry with a design compatible with the principal structure, shall be opened on three (3) sides, shall be maximum length of twenty (20) feet, and shall have a roof with a pitch equal to or greater than that of the principal structure with matching materials.

(8)

Gazebos and pergolas may be permitted in all residential zoning districts, provided that such structures shall maintain a minimum setback of five (5) feet from any rear lot line, shall not exceed one hundred forty-four (144) square feet in gross floor area, shall not exceed a height of fifteen (15) feet, and are prohibited in the front yard.

(9)

Bay windows may extend into any required setback area three (3) feet or one-third (⅓) the width of the required setback, whichever is less, provided that such structure shall not exceed twenty (20) square feet in gross floor area or seating area. No more than two (2) bay windows may be setback encroachments.

(10)

Summer kitchens may be permitted in all residential zoning districts, provided that such structure shall maintain a minimum setback of five (5) feet from any rear lot line, shall not exceed one hundred forty-four (144) square feet in gross floor area. Summer kitchens may be open-aired or roofed. The design of the summer kitchen must be aesthetically pleasing and harmonious with the structure to which they are associated.

(11)

Exterior staircases may extend into any rear yard setback up to six (6) feet, provided any such structure shall not be enclosed, to access second floor living area and may not extend to the roof. The design of exterior staircases must be aesthetically pleasing and harmonious with the structure to which they are associated.

(Ord. No. 2011-9 § 3, 9/6/11)

(A)

When a public street, alley or accessway intersects another public street, all fences, signs, walls, or landscaping elements within the triangular areas created by such intersections as defined below shall provide unobstructed vision clearance at an elevation of from three (3) to six (6) feet in height from the finished grade of the abutting roadways subject also to the following:

(1)

Intersection of two (2) public streets: The vision clearance area shall be the triangular area formed by the intersection of two (2) streets, beginning at the corner point where the property lines intersect and extending twenty-five (25) feet along each property line. The two (2) furthest points shall be connected by an imaginary diagonal line to complete the triangle.

(2)

Intersection of an alley or accessway with a public street: As defined above, except that the two (2) equal sides of the triangular area shall be fifteen (15) feet in length.

(3)

Trees having over six (6) feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No fences, signs or landscaping elements, except for grass or ground cover, shall be located nearer than five (5) feet of any accessway.

(A)

Steeples, Chimneys and Mechanical Units. Church steeples, bell towers, chimneys, tanks, elevator lift housing, air conditioning units, or other similar mechanical or functional features may exceed zoning district height requirements, except as may be otherwise prohibited herein.

(B)

Water Towers, Aerials, Antennas, Poles and Masts, Excluding Satellite Dishes.

(1)

Applicability: Prior to the erection of a water tower, standpipe, windmill, aerial, antenna, pole, mast or other vertical structure, over ten (10) feet in height above the roof of a permitted structure or over twenty (20) feet in height if erected at grade, the requirements of this section and the Florida Building Code shall be observed. See Section 24-86 for satellite dish regulations.

(2)

Plans and specifications required: Plans and specifications for the structures listed above shall be submitted to the Director showing all dimensions, size and kind of members, footings, guy wires; location, depth and type of guy anchors and footings; type and weight of antenna, apparatus or structure to be attached to or supported by the structure, and application made for permit.

(3)

Maximum height: The vertical height of any of the above structures shall not be greater than ninety (90) percent of the horizontal distance from its base to the nearest adjacent street right-of-way line. Radio towers, where incidental to a business or industrial use in a business zoning district, may extend to a height of one hundred fifty (150) feet measured from ground elevation, provided that any such installation shall conform to the provisions of all County airport zoning regulations.

(4)

Citizens band radio antennas: Poles, masts and towers for supporting antenna used in the operation of amateur radio stations and citizens band radio stations licensed by the Federal Communications Commission shall be excepted from the above regulations and shall be governed by the following requirements:

(a)

All poles, masts, towers and beam array antennas shall be placed not less than five (5) feet from a public right-of-way line or adjacent property line, or nearer than one (1) foot from any easement.

(b)

All such installations shall conform to the requirements of the National Electric Code and applicable FCC regulations, and be located not less than eight (8) feet from any power line over two hundred fifty (250) volts, including the beam elements or any part thereof.

(c)

Permits shall be required for the installation of any poles, masts or towers over twenty (20) feet above the roof of any structure to which they may be attached, and for any installation over thirty-five (35) feet in height when erected from grade. Applications for permits shall be accompanied by plans and specifications, three (3) copies showing all dimensions, size and kind of members, footings and guy wires; location, depth and type of guy anchors and footings, and the type and weight of antenna, apparatus or structure to be attached to or supported by the structure.

(d)

Poles shall be of an approved creosoted type or treated or painted with a chemical preservative and an outer coat of oil base paint before installation (color to match surrounding development).

(e)

Recommended depth of holes for various type poles shall be subject to acceptable engineering standards:

If the earth is damp or soggy, the depth of hole is to be increased by one (1) foot. If carrying a beam, poles must be properly guyed, as is the case where pulling effect of wire antenna or weight of other installations will require guying.

(f)

Wood masts shall be chemically treated, painted with an outside coat of oil base paint and suitably guyed at the top and middle in at least three (3) different directions. Masts to support a beam, whether of wood or metal pipe, shall comply with all the applicable regulations in regard to location, guying, etc., and the maximum allowable weight of antenna, rotator and components shall not exceed one hundred fifty (150) pounds.

(g)

Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid, demountable type with the crank-up, crank-down and either the hinged base or swivel crank-over features shall carry no more weight on the top than specified by the manufacturers' specifications.

(h)

In calculating the height of demountable type towers, the top of the lower rigid section shall be considered the top for the purpose of this section.

(i)

Beam array antenna shall be mounted so as to provide easy servicing and easy access for the removal at approach of hurricanes, or provide for the lowering of such beam.

(A)

Dockage space and facilities for the mooring of pleasure boats, yachts, and other noncommercial watercraft may be permitted in any residential district on any waterway as an accessory use, provided that:

(1)

No boat may be used or maintained for overnight sleeping or living purposes or as a place of residence.

(2)

No docks, piers or mooring posts or combinations thereof, may project more than eight (8') feet from any bulkhead line, nor extend nearer than ten (10') feet to any adjacent property line. Dolphin pilings may project up to twenty-five (25') feet from a bulkhead line.

(3)

No perpendicular docking or mooring of boats shall be permitted.

(4)

No boathouse or other permanent boat covering shall be permitted, except that a canvass or plastic shelter with removable structural supports may be allowed to cover a dock area.

(5)

All commercial marinas shall provide a sewage pumpout facility.

(6)

No commercial repairs and/or sales of boats shall be permitted. A residential boat owner may sell or repair his own boat from his property. However, more than one (1) selfowned boat sold by such property owner in any given year will be presumed to be a commercial sale unless proven otherwise to the satisfaction of the City Manager.

(7)

Commercial boat parking and docking shall be strictly prohibited. No person shall park, store, or knowingly permit another person to dock, park or store, any commercial watercraft or boat upon any right-of-way or waterway at any time within any residentially zoned district.

(Ord. No. 96-5, § 1, 4/2/96; Ord. No. 2021-04, § 2, 9-21-21)

Any

swimming pool operated by a residential homeowner or condominium association or by the residents of a single-family dwelling shall be permitted as an accessory use and shall exist in conjunction with the principal use on the same lot, subject to the following regulations:

(A)

Minimum Setbacks. A swimming pool may be permitted in any rear yard, provided that it shall not be located within an easement or nearer than the following distances from any property line or structure:

(B)

Screen Enclosures. Any permitted swimming pool may be enclosed by a screen enclosure, provided that such enclosure shall be constructed of material which is ninety (90) percent screening. Screen enclosures shall have the same minimum side setbacks as those stated above for swimming pools, and they may be located up to five (5) feet from any rear property line except twenty-five (25) feet in the Eastern Shores Subdivision.

(C)

Fencing and Screening. Every swimming pool shall be enclosed by a waterbody bulkhead, screening, or fence constructed or installed so as to obstruct access thereto by persons other than the occupants of the premises on which such swimming pool is located. All fence obstructions shall be not less than four (4) feet in height from finished grade.

(D)

Access. Exterior access to a swimming pool shall be through a self-closing and self-latching gate or screen door with latches placed at least four (4) feet above grade and operable from the interior of the pool area only.

(E)

Drainage. If a patio is provided adjacent to or surrounding a swimming pool, it shall be designed so as to be self-draining away from the pool.

(F)

Lighting. Artificial lighting used to illuminate the premises shall be shielded and directed away from adjacent properties and streets, shining only on the subject site.

The following accessory uses and structures shall be permitted when such uses or structures are ancillary to the principal use or structure allowed within the zoning district in question:

(A)

Permitted Accessory Uses by Zoning District.Uses Permitted Conditionally.

(1)

In all residential districts:

(a)

Private garages;

(b)

Private carports;

(c)

Private swimming pools and cabanas (see Section 24-85(A) for setback exceptions);

(d)

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

(2)

In all zoning districts:

(a)

Television and radio antenna structures, except for those of a microwave relay or transmission nature, subject to the provisions of Section 24-83;

(b)

Caretaker or watchman quarters when such quarters are associated with an active construction project;

(c)

Storage structures, utility sheds and children's playhouses, provided no such structure shall exceed one hundred (100) square feet in gross floor area;

(d)

Doghouses, pens and other similar structures for the keeping of commonly accepted household pets;

(e)

Disaster shelters;

(f)

Satellite dishes as provided for in (C) below.

(B)

Special Regulations. The following regulations shall apply to all accessory uses and structures:

(1)

No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

(2)

All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

(3)

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, except that storage structures may be located up to five (5) feet from any rear lot line or easement, whichever is greater.

(4)

All accessory uses shall be arranged and maintained so as not to encroach into any required front yard setback area.

(5)

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

(C)

Satellite Dish Antennas.

(1)

Residential districts: Not permitted on roof. Ground mounted dishes shall be landscaped and screened by shrubs to the extent operation permits.

(2)

All districts:

(a)

Ground-mounted dishes shall not exceed twelve (12) feet in height.

(b)

No dish shall exceed twelve (12) feet in diameter.

(c)

Dishes shall not be located in the front or side yard setback but may be located in the rear yard setback. On corner properties, no portion of the apparatus may extend beyond the imaginary extensions of the lines of the house structure.

(d)

The requirements of this section may be varied if suitable, as determined by the City Manager or his designee.

(3)

Safety regulations: All antennas and the construction and installation thereof shall conform to applicable City Building Code and Electrical Code regulations and requirements. Antennas shall meet all manufacturers' specifications, be of non-combustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner. Every antenna must be adequately grounded for protection against a direct strike of lightning.

(4)

Permit: Anyone wishing to erect a dish antenna must first submit plans to the Director for same together with a lot survey to show the location of the antenna on the lot and the landscape plans. Upon approval, a permit will be issued after payment of permit fee.

(5)

Variance procedure: Any permit applicant who cannot administratively resolve his permit request shall have the right to apply for a zoning variance pursuant to Section 24-176 of this Code.

(6)

Existing antennas: All dish antennas legally existing on the date this section becomes effective shall be permitted to remain but may not be increased in size.

(D)

Temporary Portable Storage Structures and Cargo (Metal Shipping) Containers.

(1)

Regulations regarding placement of temporary portable storage structures in residential use or zoning districts:

(a)

Placement of a temporary portable storage structure requires approval of a Certificate of Placement application by the Community Development Department, and payment of a fee as indicated in subsection 14-1.3.g.(1) of the permit fee schedule. The maximum number of Certificates of Placement issued will be two (2) per calendar year for each property. The exterior of the temporary portable storage structure shall have a weatherproof clear pouch facing the street or alley, which must display the Certificate of Placement at all times.

(b)

Cargo (metal shipping) containers may not be located or used in residential zoning districts.

(c)

The maximum size of a temporary portable storage structure is one hundred thirty (130) square feet.

(d)

A maximum of one (1) temporary portable storage structure is permitted per property, and must be located on private property. A temporary portable storage structure shall not be placed in any right-of-way, retention area, septic field, easement or on public property and shall not create a sight obstruction for any vehicular or pedestrian traffic.

(e)

A temporary portable storage structure must be placed in the rear yard whenever possible and in compliance with side and rear yard setbacks for the appropriate zoning district. However, if placement of the temporary portable storage structure is not possible in the rear yard, it may be placed in the front yard providing that it is placed on a paved driveway and complies with side yard setback regulations for the appropriate zoning district. Upon removal of the temporary portable storage structure any damage to landscaped areas must be restored to its original condition.

(f)

A temporary portable storage structure shall be allowable for a period not to exceed fourteen (14) consecutive days.

(g)

Temporary portable storage structures may not be used for business or commercial use.

(2)

Regulations regarding placement of temporary portable storage structures or cargo (metal shipping) containers in business use or zoning districts:

(a)

Placement of temporary portable storage structures or cargo (metal shipping) containers require approval of a Certificate of Placement application by the Community Development Department, and payment of a fee as indicated in subsection 14-1.3.g.(1) of the permit fee schedule. The maximum number of Certificates of Placements issued will not exceed two (2) per calendar year for each property. The exterior of the temporary portable storage structure or cargo (metal shipping) container shall have a weatherproof clear pouch, which must display the Certificate of Placement.

(b)

The maximum size of a temporary portable storage structure or cargo (metal shipping) container is two hundred (200) square feet.

(c)

A maximum of two (2) temporary portable storage structures or cargo (metal shipping) containers is permitted per property at one time, and must be located on private property. The location of a temporary portable storage structure or cargo (metal shipping) container must not interfere with the flow of traffic on the site, ingress/egress of the site, and must impact required parking as little possible.

(d)

A temporary portable storage structure or cargo (metal shipping) container shall be allowable for a period not to exceed thirty (30) days.

(e)

The temporary portable storage structures or cargo (metal shipping) containers shall not be stacked on top of one another.

(3)

Exemptions: The above regulations shall not apply to temporary portable storage structures and cargo (metal shipping) containers that are:

(a)

Placed for construction purposes and in conjunction with building permits, which may exceed the permitted time period associated with a Certificate of Placement, as long as the building permit remains active with continuous construction; or

(b)

Placed during any period of declared emergency by federal, state or local official action.

(4)

Removal: In the event of severe weather, a tropical storm or a hurricane watch issued by the National Weather Service, the City shall have the right to order the owner or vendor to remove the temporary portable storage structure or cargo (metal shipping) container by providing the owner or vendor forty-eight (48) hours notice of removal. In the event of severe weather, a tropical storm or hurricane warning, the temporary portable storage structure or cargo (metal shipping) container shall be immediately removed by the owner or vendor after the order by the City being issued. In such situations the City shall have the right to enter the property and remove the temporary portable storage structure or cargo (metal shipping) container if the owner or vendor does not remove the temporary portable storage structure or cargo (metal shipping) container as required by this subsection. The owner or vendor shall be liable for all removal costs incurred by the City and failure to pay said costs, upon demand by the City, shall constitute a Code violation and shall be subject to fines and/or liens against the property as described in subsection 14-1.3.g.2(d) of the Code of Ordinances of the City of North Miami Beach.

(5)

Extension: A Certificate of Placement may receive a one-time extension up to, but not exceeding the length of time for which it was originally issued, upon repayment of the Certificate Fee.

(6)

Temporary portable storage structures and cargo containers shall remain closed and locked at all times when not in use.

(7)

Other than the permit pouch, there shall be no signs, lettering or other markings allowed on the temporary portable storage structure or cargo (metal shipping) container, with the exception of the name and phone number of the vendor of the unit which copy area is limited to twenty-five (25) square feet per side with a maximum copy area of fifty (50) square feet per unit.

(8)

A temporary portable storage structure or cargo (metal shipping) container shall be kept in good condition, free from evidence of deterioration, weathering, mildew, discoloration, rust, ripping, tearing or other holes or breaks.

(9)

A temporary portable storage structure or cargo (metal shipping) container shall not be used for the storage of hazardous or flammable substances, live animals, or human habitation.

(10)

Business tax receipt fee required: Vendors wishing to provide temporary portable storage structures and/or cargo (metal shipping) containers within the City, shall apply for a Temporary Portable Storage Structure Business Tax Receipt to the City Clerk and there obtain a Temporary Portable Storage Structure Business Tax Receipt and shall pay the sum of three hundred twenty-five dollars ($325.00) annually.

(11)

Penalties: Violations of this section are subject to fines as described in Chapter XIV, Building and Housing, subsection 14-1.7 of the Code of Ordinances of the City of North Miami Beach and include:

(a)

Violation for exceeding the time limit on the Certificate of Placement.

(b)

Violation for use of temporary portable storage structure or cargo (metal shipping) container without a Certificate of Placement.

(c)

Violation for using temporary portable storage structure and/or cargo (metal shipping) container from other than a City licensed vendor.

(d)

Violation for failure to remove temporary portable structure or cargo (metal shipping) container upon the issuance of an order by the City to do so pursuant to a severe weather condition.

(Ord. No. 82-25, § 1, 10/5/82; Ord. No. 89-11, § 2, 10/17/89; Ord. No. 2005-1 § 3, 03/15/05)

(A)

Inoperative or Unlicensed Motor Vehicles. See Section 9-5 of the City Code of Ordinances.

(B)

Boats. In a residential district, no boat shall be parked in the required front yard or in the case of a corner lot, the required side yard along the public right-of-way.

No animals other than household pets (as defined in Article II) shall be maintained within any residential district.

Notwithstanding the provisions of Section 24-34 of this Code, no tract zoned B-2 or B-3 with frontage on these two (2) arterials shall be further subdivided if the tract already equals or exceeds the minimum specified below:

(A)

S.R. 826—One (1) acre.

(B)

Biscayne Boulevard—Three (3) acres.

(A)

Safe Neighborhood Improvement District. Means a district located in an area in which more than fifty (50) percent of the land is used for residential purposes, or in an area in which more than fifty (50) percent of the land is used for commercial, office, business or industrial purposes and where there is a plan to reduce crime through the implementation of crime prevention through environmental design, environmental security or defensible space techniques. It is not a zoning district.

(B)

Such a district may be created by one (1) or more of the following methods:

(1)

Local government neighborhood improvement district: The City Council may create a local government neighborhood improvement by the enactment of a separate ordinance for each district as provided by Florida Statutes.

(2)

Property owners' association neighborhood improvement district:

(a)

The City Council may create a property owners' association neighborhood improvement district by enacting a separate ordinance for each district as provided by Florida Statutes.

(b)

An incorporated property owners' association representing seventy-five (75) percent of all owners of property within a proposed district meeting all statutory requirements may petition the City Council for the creation of a property owners' neighborhood improvement district as provided by Florida Statutes for the area encompassed by the property owned by members of the association.

(3)

Special neighborhood improvement district: The City Council may declare the need for and create a special neighborhood residential or business improvement district by the enactment of a separate ordinance for each district as provided under Florida Statutes.

(A)

It shall be unlawful for single-family dwelling units, including town houses but excluding mobile homes in the MH-1 Zoning District, to be rented or leased to another person(s) or entity more than three (3) times in a twelve (12) month period for a period of three (3) months or less. The lease or rental of a single-family residential dwelling, including town houses, more than three (3) times within a twelve (12) month period shall create a rebuttable presumption of a violation of this section.

(B)

This section shall not apply to duly licensed group homes listed in the zoning district regulations as either permitted or conditional uses.

(C)

A limited number of properties were granted legal-nonconforming status for the operation of short-term rentals in single-family zoning districts with the adoption of Ordinance 2009-25. These properties have obtained Business Tax Receipts as per Ordinance 2009-25. For these specific properties:

(1)

The Business Tax Receipt shall specifically state that it is issued to allow rentals of less than three (3) months duration, only so long as: 1) the property is not rented for a duration of less than seven (7) days; and 2) the ownership of the property or the business renting the property does not change. Upon change of ownership of either the property or the business, or demolition or substantial renovation of the property, the Business Tax Receipt shall extinguish. Upon the lease of the property for less than seven (7) days duration, the Business Tax Receipt allowing rentals for periods of less than three (3) months shall be subject to revocation upon a finding of violation by the Special Magistrate.

(2)

No Business Tax Receipt shall be issued until the owner/applicant shows proof of compliance with Chapter 12 of the City's Code, and provides sufficient proof that the short-term rentals were established prior to the effective date of this section.

(D)

The following mandatory conditions shall apply to all rentals under Section 24-90.1:

(1)

Registration. In order for a property owner with the City of North Miami Beach to allow another person to occupy any residential property for a period of less than three (3) months, or offer such rental services within the City of North Miami Beach, the property owner must apply for registration for the subject residential property, and the property has been issued a certificate of registration in accordance with the provisions of this article.

(2)

Time period. All short-term rentals must be pursuant to a binding written agreement, license or lease. Each such document shall contain, at a minimum: the beginning and ending dates of the lease term; and each lessee's contact information, as applicable.

(3)

Contact person. All rentals must be supervised by the owner, manager, or a local and licensed real estate broker or agent or other authorized agent licensed by the City, who must be available for contact on a twenty-four (24) hour basis, seven (7) days a week. Each agreement, license, or lease, or scanned copy thereof, must be kept available throughout its lease term and for a period of one (1) year thereafter, so that each such document and the information therein, is available to enforcement personnel at all times.

(4)

Entire residence. Only entire single-family residences and townhomes legally created pursuant to applicable law, may be rented under this section, not individual rooms or separate portions of single-family residences or townhomes. Where the property owner resides on the premises, the unoccupied portion may be leased or rented as a tenancy pursuant to one lease.

(5)

Rules and procedures. The City Manager or designee shall adopt administrative rules and procedures, including, but not limited to, application and permit fees, and notification to the City of rentals, to assist in the uniform enforcement of this section.

(E)

Any advertising or advertisement that promotes the occupancy of a residence in violation of this section, or use of the residential premises in violation of this section, shall be prohibited.

Advertising or advertisement shall mean any form of communication or marketing used to encourage, persuade, or manipulate viewers, readers or listeners for the purpose of promoting occupancy or use of a residential property for the purposes of holding commercial parties, events, assemblies, gatherings, or the occupancy of a residence in violation of this section, as provided herein, as may be viewed through various media, including but not limited to, newspaper, magazines, flyers, handbills, television commercials, radio advertisement, outdoor advertising, direct mail, blogs, websites or text messages.

(1)

Presumption. The advertising or advertisement for the short-term rental of a single-family home or town home property for the purpose of allowing a rental in violation of this section shall create a rebuttable presumption against the owner that it is more likely than not that the property is being used in violation of Section 24-90.1. Pursuant to the procedures provided for in Sections 14-8.13—14-8.19, a rebuttable presumption against the owner that the residential property named in the notice of violation or as identified in the advertising or advertisement is a violation of this section shall be applied.

(2)

Any individual or entity cited for a violation of Section 24-90.1 may submit an affidavit, under penalty of perjury, in a form acceptable to the City Attorney, regarding the advertisement of the single-family home or town home property, explaining that notwithstanding the advertisement the property was not used as an illegal short-term rental. Such affidavit shall void the rebuttable presumption against the owner that it is more likely than not that the property was used in violation of Section 24-90.1.

(F)

Violations of Section 24-90.1, excluding provisions under Section 24-90.1(C)(1), shall be subject to the following penalties.

(1)

Five hundred ($500.00) dollars per violation for the first violation;

(2)

One thousand ($1,000.00) dollars per violation for a repeat violation within the preceding twelve (12) months;

(3)

A violation occurring after one (1) calendar year of a prior violation will revert to the five hundred ($500.00) dollar penalty.

(4)

A violation of Section 24-90.1 in conjunction with any other Code violation, the following enhanced penalties shall apply:

a.

One thousand ($1,000.00) dollars per violation for the first violation;

b.

Five thousand ($5,000.00) dollars per violation for a repeat violation within the preceding twelve (12) months, and automatic suspension for one (1) year of the business tax receipt or the short-term rental certificate of registration.

(5)

In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the City.

(6)

The short-term rental or occupancy shall be immediately terminated by the North Miami Beach Police Department or Building Official upon confirmation that a violation of Section 24-90.1 is deemed to pose an imminent life/safety hazard to the public.

(7)

In addition, or in lieu of the foregoing, the City may seek an injunction by a court of competent jurisdiction to enforce compliance with or to prohibit the violation of Section 24-90.1, as to each lease. If the City seeks an injunction to enforce compliance with or to prohibit a violation of Section 24-90.1, the City shall be entitled to recover reasonable attorney's fees and costs expended in seeking injunctive relief.

(8)

A certified copy of an order imposing the civil fines and penalties must be recorded in the public records, and thereafter shall constitute a lien upon the subject property and upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. The City may foreclose or otherwise execute upon the lien.

(9)

The Code Compliance Division shall deliver a letter to the Miami-Dade Property Appraiser and the Miami-Dade Tax Collector, with a copy of the order adjudicating the violation. The letter shall notify these governmental agencies that the single-family residential property was used for transient rental or occupancy at the single-family residential premises.

(Ord. No. 2009-25 § 2, 11/17/09; Ord. No. 2017-14, § 2, 1-16-18)