A.

General. No accessory uses shall be permitted in a required yard or buffer yard area, except as set forth below. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located and in no event shall an accessory use be established prior to the principal use to which it is accessory. No permanent structures shall be permitted in utility easements without the prior written approval of the appropriate utilities, and the concurrence of the City.

B.

Awnings and canopies. The definition of an awning or canopy shall be as provided for in the South Florida Building Code. Any advertising shall conform to the sign regulations contained in this Code.

(1)

Awnings. An awning may be located at any window, walkway, or seating area, provided it is architecturally integrated into the building's, design and color. The minimum clearance height and width of an awning shall be limited to the minimum area required to cover a building's window, walkway, or seating area. Awnings shall not be illuminated.

(2)

Canopies. A canopy may be located over any walkway, seating area, or any other pedestrian area which is adjacent to a building or over a building's entrance. The minimum clearance height of the canopy structure shall be eight feet. The maximum width of a canopy shall be limited to the width of the sidewalk, entryway, or seating area that it is covering. Illumination of a canopy shall be limited to the minimum illumination required for safe pedestrian passage under the canopy.

C.

Carports. Carports shall comply with the structural setbacks of the zoning district in which they are proposed to be located. The use of polyvinyl chloride (PVC) pipe is expressly prohibited. Any carport lawfully established prior to the adoption of this chapter, which does not comply, with the structural setbacks of the zoning district may remain as a nonconforming use subject to the provisions of the nonconforming article of this chapter.

D.

Domestic pet shelters. One pet shelter or pen for domestic household animals shall be permitted per lot in any residential district, subject to the following:

(1)

No pet shelter or pen shall be permitted within the required front yard area, or within utility, drainage or access easements.

(2)

The structure must be set back at least six feet from the side and rear lot lines.

(3)

Domestic pet shelters and pens shall be maintained in a clean and neat manner free of offensive odors.

E.

Fences and walls.

(1)

Defined. A fence or wall is a barrier constructed of man-made or natural materials. A wall is a concrete or block structure.

(2)

Fences on residential lots. Fences on a residential lot shall be limited to six feet in height except fences or walls constructed by the City for public purposes may exceed six feet in height to a maximum of eight feet in height. Barbed wire and other similar material shall not be permitted on a fence or wall within a residential district. Fences and walls shall be limited to four feet in height within a required front yard, except that fences with decorative railings shall be limited to six feet in height. Such railings shall be a minimum of six inches apart and shall not obstruct the view from the rights-of-way. Fences and walls within the back yard shall be limited to six feet in height from the grade of the property. In all zoning districts, only pressure-treated pine, redwood and cedar wood shall be acceptable for wood fence construction. All wood fencing shall have a nominal thickness of one inch. Each side of a concrete block or masonry wall shall be completely finished with stucco and/or paint.

(3)

Residential parcel perimeter and entry walls. Uniform walls may be erected within a required buffer yard and at the access driveway entrances to residential development parcels. The wall shall be located at the interior edge of a buffer yard. Typical elevations, materials and the location of the wall shall be shown on a final site plan. Barbed wire and other similar material shall not be permitted. Walls shall be designed to discourage graffiti.

(4)

Walls and fences on nonresidential parcels. Walls shall be permitted within a required buffer yard at the perimeter of nonresidential parcels; they shall not be permitted within a required front yard. Fences within nonresidential zoning districts adjacent to residential property shall not exceed eight feet in height. Fences and walls within nonresidential property shall not exceed eight feet in height. Fences and walls within nonresidential property adjacent to nonresidential property shall not exceed eight feet in height. Typical elevations, materials and the location of the fence shall be shown on the final site plan. Fences and walls are prohibited within any required front setback area except within the front setback of a temporary structure or vacant lot.

(5)

Fences within easements. Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. To locate a fence or wall in any easement, an encroachment agreement shall be required. If a permit is issued, access to any easements shall be granted when required by any utility. A utility company or franchise shall not be responsible for damage to a fence, wall or landscaping within an easement.

(6)

Chain link fences prohibited. Chain link fences shall be prohibited in all districts except as a temporary enclosure or fencing for tennis courts or athletic activities. Chain link fences created prior to the effective date of the Land Development Regulations shall be considered nonconforming structures subject to the provisions of § 265-79 of the Land Development Regulations.

(7)

Maintenance. A fence or wall shall be finished and maintained in good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or right-of-way.

F.

Gazebos. Gazebos shall be permitted in all residential districts, subject to the following:

(1)

No gazebos shall be permitted within the required front yard area, or within utility, drainage or access easements;

(2)

Gazebos must be set back at least six feet from the side and rear lot lines;

(3)

No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 square feet of lot area; and

(4)

No gazebo shall have a height larger than 35 feet.

G.

Play equipment. Play equipment shall be permitted in any residential district, subject to the following:

(1)

No permanently installed play equipment, except basketball hoops, shall be permitted within the front setback, within ten feet of a right-of-way, or within utility, drainage or access easements;

(2)

No play equipment shall use be installed within any part of a street right-of-way as part of the playing area;

(3)

Permanently installed play equipment shall be of a common playground type designed for children; and

(4)

Basketball hoops and backboards in front yard areas shall be permitted on the front of the building or on a pole in the driveway only. Basketball poles shall be located no closer then ten feet to any property line.

H.

Screen enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following:

(1)

No screen enclosure shall be permitted in the required front yard or within utility, drainage or access easements;

(2)

No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district; and unless all required approvals and permits are obtained.

(3)

Screen enclosures with a screen roof shall meet the following setback requirements:

(a)

The side yard or side street setback shall be the same as the structural setback requirement of the zoning district; and

(b)

The rear yard setback shall be a minimum six feet from the rear lot line; and

(4)

Screen enclosures with a solid roof shall meet the following setback requirements:

(a)

The side yard or side street setback shall be the same as the structural setback requirement of the zoning district; and

(b)

The rear yard setback shall be 15 feet or the same as the structural setback, whichever is less.

I.

Swimming pools and spas.

(1)

General requirements. Swimming pools and spas shall be permitted in all residential zoning districts, subject to the following:

(a)

No swimming pools or spas shall be permitted within the required front yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier.

(b)

Above ground pools and spas, which exceed 48 inches in height, must meet all structural setback requirements.

(c)

The following setback requirements shall apply to swimming pools and spas:

[1]

The side yard or side street setbacks to the water's edge shall be two feet plus the required side yard or side street structure setback.

[2]

The rear yard setback shall be seven feet from the water's edge to rear lot line.

[3]

The setback from any building foundation shall be five feet unless both the design and construction as approved by the Development Services Director is safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pool or spa be closer than 18 inches to any wall or any enclosure.

(d)

Any pool for a nonresidential development shall meet the structural setbacks for the district in which it is located and all required governmental agency standards.

(2)

Safety barrier required; specifications.

(a)

Specifications. No swimming pool final inspection and approval shall be given by the City, unless there has been erected a safety barrier. The safety barrier shall take the form of a screened-in patio, a wooden fence, a rock wall, a concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The minimum height of the safety barrier shall be not less than four feet. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Gates shall be of the spring lock type, so that they shall automatically return to a closed position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(b)

Permits required. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier; if the premises are already enclosed, as herein before provided, a permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier is proven to be satisfactory.

(c)

Construction specifications of walls and fences. For a wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

(d)

Authority to disapprove barriers. It shall be within the discretion of the building inspector to refuse approval of any barrier which, in his opinion, does not meet the safety requirements of this regulation, i.e., that it is high enough at least four feet high and so constructed, to keep the children of preschool age from getting over or through it.

(e)

Maintenance of safety barrier; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing the swimming pool to maintain and keep in proper and safe condition at all times the safety barrier required and erected in accordance with this section.

(f)

Maintenance of pool; duty of owner, occupant. It shall be the responsibility of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community. In the event any person owning or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimming pool to become a health hazard to the community, the City may direct a letter by certified mail to the owner or occupant of such premises, advising such owner or occupant that the City will have such safety barrier put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten days from receipt of such letter. The City shall be authorized to place a lien on the property not in compliance with this section in order to recover the costs associated with enforcement of this section.

(g)

Temporary fence to enclose swimming pools while under construction. No person shall construct or cause to be constructed any swimming pool unless such swimming pool is completely enclosed by a fence with a minimum height of not less than four feet. Such fence may be of a temporary nature but must be erected either around the swimming pool or around the premises on which the swimming pool is under construction; in either event, it shall enclose the area entirely, prohibiting unrestricted admittance to the enclosed area. However, the swimming pool need not be completely enclosed during those periods when an adult person is present on the site and actual construction is in process. This section shall only affect those pools under construction within 140 feet of any residence upon which a certificate of occupancy has been issued. The 140 feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight-line measure.

J.

Utility sheds. Utility sheds shall be permitted in all residential districts, subject to the following:

(1)

No more than one utility shed shall be permitted for each parcel or lot;

(2)

No utility shed shall be permitted in any required front or side yard area or within utility, drainage or access easements;

(3)

The maximum dimensions of a utility shed shall be no more than 100 square feet in footprint and eight feet in height; and

(4)

Rear and side setbacks for utility sheds on single-family and duplex lots shall be a minimum of three feet from the lot lines. Rear and side setbacks for utility sheds on all other property shall be equal to the height of the structure.

K.

Utility/mechanical equipment. Utility and mechanical equipment used for a building's operation which is located outside the building shall only be located in a rear or side yard. The equipment shall not be located within a utility easement unless it is equipment serving that specific easement. The minimum distance from a property line to the structure shall be no less than the structure's height. All equipment shall be screened from view by landscape materials as provided for in this Code. These requirements shall not apply to municipal or franchise utilities such as power, phone, cable, communication or drainage equipment, which is located within a public utility easement.

L.

Waterfront lands. A rear yard setback of 20 feet from the rear or waterfront line measured landward therefrom shall be provided and no building construction, to include principal and accessory buildings shall be permitted in this setback.

M.

Docks; construction requirements.

(1)

Prior to the construction of a dock within the City, the owner shall obtain approval of the proposed construction from the Development Services Department, Miami-Dade County Environmental Resources Management and appropriate drainage district. In areas where the zoning is residential and/or commercial, piers and docks are to be located within the middle one-half of the water frontage and shall have a minimum setback of ten feet at each side of property line. Piers and docks protrusion onto the public waterway shall not exceed 20% of the width canal or half of their rear property line length, whichever is less. Pier and docks shall not exceed five feet in width and shall not extend beyond the triangle area as shown in Attachment 6:12 unless the pier and docks have been approved by the Miami-Dade County Environmental Resource Manager or designee under the Code of Miami-Dade County. For properties of residential and/or commercial use which protrudes into any part of the Intercoastal or other waterway in excess of 1,000 feet in width, a distance no greater than 100 feet protrusion shall be approved as indicated in Attachment 6:13. Protrusions, including navigational vessel into the waterways, shall not obstruct navigation or encroach upon the rights of adjacent property owners. The owner shall keep docks in constant state of repair. Any dock not properly constructed or maintained must be removed at the direction of the Development Services Department within 15 days receipt of notice.

(2)

No dock shall be approved except in compliance with the requirements of this Code, Miami-Dade County Environmental Resources Management and approval of the U.S. Corps of Engineers must be secure. If such approvals are granted, by Miami-Dade County and other regulatory agencies, the City shall approve the permit application for the dock(s) and piers. This section shall apply to residential and commercial districts. For the purposes of this section, pier and docks consist of a fixed platform extending from shore or bulkhead over the water. Protrusion is defined as a formation which extends beyond the bulkhead line into the water.

(Amended 1-17-2008 by Ord. No. 2008-297; 10-16-2008 by Ord. No. 2008-312; Ord. No. 2010-355, § 1, 10-14-2010; Ord. No. 2013-406, 6-20-2013; Ord. No. 2015-463, § 2, 10-15-2015; Ord. No. 2017-503, § 2, 7-20-2017; Ord. No. 2019-546, § 2, 10-17-2019; Ord. No. 2021-562, § 34, 3-18-2021)