The following general rules of construction shall apply to the regulations contained in this chapter:

(1)

The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

(2)

Words used in the present tense include the past and future tenses, and the future the present.

(3)

Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meaning and customary usage.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

For the purpose of this chapter, certain terms and words are hereby defined. For convenience, all defined words and terms are set out in different type.

Accessory building: A detached covered or screened subordinate building or a portion thereof, the use of which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building or use. Where there is no main building on the lot, an accessory building shall be considered as a main building for the purposes of the height, area and bulk regulations.

Accessory use: A subordinate use which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building use.

Aggregation: The combining of lots through a unity of title or the platting process.

Alley: A public or private thoroughfare which affords only a secondary means of access to abutting property.

Architecturally significant building: A building constructed prior to 1970 that has been determined by the town, at the request of a property owner, to possess characteristics of a specific architectural style constructed in the town pursuant to section 90-33(3) of the Town Code. The exterior of the structure must be recognizable as an example of its style and/or period, and its architectural design integrity must not have been modified in a manner that cannot be reversed without unreasonable expense. The three recognized significant architectural styles in the Town are Mediterranean Revival, Streamline Moderne, and Miami Modern.

Awning: A detachable, roof like cloth cover, supported from the walls of a building for protection from the sun or weather.

Bar: An establishment licensed by the state which is devoted to the selling or the dispensing and drinking of alcoholic beverages on the premises.

Basement: That portion of a building between floor and ceiling which has at least one-half of its height below the grade of the street on which it fronts. The height of a basement above grade shall not exceed one-half of the average height of a story in the building.

Beauty/personal services/fitness salon: An establishment engaged in the provision of frequently or recurrently services of a personal nature: or the provision of informational, instructional, personal improvement or similar professional services which may involve limited accessory retail sale of products. Sendees are limited to salons that offer hair care, nail care, skin care (not including tattoo or piercing), tanning, hair removal and licensed therapeutic massage. Licensed therapeutic massage shall only be permitted as an accessory use to a beauty/personal service/fitness salon.

Breezeway: A covered passageway or space between the main building and an accessory building, open on two sides and the roof of which is structurally integrated with the buildings it separates.

Building: Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.

Building area: The area within the confines of the exterior walls of the main building, accessory buildings, covered porches and terraces.

Building, completely enclosed: A building having no outside openings, other than doors, windows, and ventilators.

Building, main: A building in which the principal use of the lot on which it is located is conducted, or is intended to be conducted.

Bulk: A composite characteristic of a given building or structure as located upon a given lot, not definable as a single quantity but involving all of these characteristics: 1) size and height of building or structure, 2) location of exterior walls at all levels in relation to lot lines, streets or to other buildings or structures, 3) all open spaces allocated to the building or structure, and 4) amount of lot area provided per dwelling unit, and 5) lot coverage.

Business:

(1)

Includes all vocations, occupations, professions, enterprises, establishments and all activities and matters, together with all devices, machines, vehicles and appurtenances used herein, and of which are conducted for private profit or benefit, either directly or indirectly, on or from any premise in the town.

(2)

Does not include the customary activities of religious, charitable, nonprofit service clubs and organizations or educational nonprofit institutions as those terms are defined in F.S. ch. 205, as may be amended.

Cabana: A permanent or portable bath cabin on the exterior of a residence, hotel or apartment house, together with only such accessories as wood slat walks or decks, terraces, rubbing rooms and toilet facilities, but not intended for sleeping or living quarters. Cabanas erected on the exterior may be of pipe frame and canvas, wood frame and masonite and be constructed in such a manner that they are portable and easily dismantled in the event of a hurricane. Cabanas of any other type shall be built of masonry. Cabanas shall be permitted only in conjunction with an outdoor swimming pool.

Canopy: A permanent, roof-like cover made of cloth, metal, vinyl or other permanent material supported from the ground or deck or floor of a building, and from the walls of a building for protection from sun or weather.

Caretaker's quarters: Living quarters within a portion of a main building or in an accessory building located on the same lot with the main building, used for workers employed on the premises and not rented as a separate dwelling.

Carport: A roofed and usually wall-less shed projecting from the side of a building, used as a shelter for automobiles.

Certificate of occupancy, final: A document issued by the town manager or designee certifying that he/she reasonably believes a building, or part thereof, and its occupancy to be in compliance with the minimum standards of safety, as set forth in the Florida Building Code, prior to the building's occupancy and after its inspection and that said building is in conformity with all other applicable laws and regulations.

Certificate of use: A document issued by the town manager or designee that the zoning use classification of any business, within any approved structure or building or unit therein, is allowed prior to its occupancy and after inspection of the premises and proof of compliance with all the requirements of the Town Code of Ordinances and all other applicable laws and regulations; provided, however, that no certificate of use shall be issued until it has been reviewed and approved by town manager or designee.

Clinic: An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together in a business relationship. The term does not include a place for the treatment of animals.

Club, private: A building and facilities or premises, owned and operated by a corporation, association, person or persons for social, educational, or recreational purposes, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. A private club may include the normal accessory uses such as tennis courts, cabanas and parking spaces.

Common area: A room or designated area within a building or complex of buildings zoned for residential use served by shared or public parking area, which is reserved for the exclusive use of the residents of the building or complex and their invited guests, and as an accessory use to the primary residential use of such buildings.

Conditional use: Any use listed in section 90-23 as a conditional use which would not be appropriate generally or without restriction throughout a particular zoning district, but would be appropriate if controlled as to number, area, location, or relation to the neighborhood.

Contiguous: Next to, abutting, or touching and having a boundary, property line or portion thereof that is common to both properties.

Density: The number of dwelling units per acre of land.

Design guidelines: Design guidelines, as adopted by the Town of Surfside, intended to provide direction and suggestions for all development.

Detached single-family: One dwelling unit, other than a mobile home, sharing no walls with another dwelling unit.

District: Any section of the town within which the zoning regulations are uniform. (See district map.)

Duplex, two-family dwelling: Two dwelling units attached by a common party or firewall in one building.

Dwelling: A building or portion thereof, designed or used exclusively for residential occupancy.

Dwelling unit: A room, or group of rooms, occupied or intended to be occupied as separate living quarters by a single-family.

Electric vehicle charging level: The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged which include the following specifications:

(1)

Level 1 requires a 15 or 20-amp breaker on a 120-volt AC circuit and standard outlet;

(2)

Level 2 requires 40 to 100-amp breaker on a 240-volt AC circuit; or

(3)

Level 3 requires a 60-amp or higher dedicated breaker on a 480-volt and higher three-phase circuit with special grounding equipment. A Level 3 charging shall use an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery.

Electric vehicle charging station: A parking space that is served by electric vehicle charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.

Family: An individual or two or more persons related by blood or marriage or a group of not more than three unrelated persons (excluding workers employed by the household) living together as a single housekeeping unit in a dwelling.

Fence: A structure forming a physical barrier constructed of wood, aluminum, or other materials except chainlink or wire.

Filling station: Any building, structure, or land used for the sale at retail of motor vehicles fuels, oils, or accessories, or for the servicing or repairing of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, or spray painting, and excluding public garages.

Floor area: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. Basement space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(1)

In particular, floor area including (but not limited to):

a.

Elevator shafts or stairwells at each floor.

b.

Floor space used for mechanical equipment.

c.

Floor space in penthouses.

d.

Attic floor space (whether or not a floor has been laid) providing structural headroom of seven feet six inches or more.

e.

Floor space in interior balconies or interior mezzanines.

f.

Floor space in porches and pools enclosed with plastic, glass or permanent type of material.

g.

Any floor space used for residential use, no matter where located within the building.

h.

Garages (attached and unattached), sheds and accessory buildings.

(2)

However, the floor area of a building shall not include:

a.

Basement space when used for parking of vehicles, as provided in the design standards for underground parking in this Code.

b.

Accessory water tanks or cooling towers.

c.

Uncovered steps and exterior balconies.

d.

Interior balconies. The width of an interior balcony shall not be greater than the depth.

e.

Covered or uncovered terraces, patios, breezeways, or porches which are open on two (2) sides.

Floor area ratio: The floor area of a building or buildings on any lot divided by the area of the lot.

Forecourt: A space defined by building facades which shall provide all of the following: (a) minimum 30 percent landscaping with vegetation that can survive in shaded environments, (b) security lighting, (c) a liner of accessible habitable spaces accessible from the forecourt by a minimum of one entrance and (d) facades facing any forecourt space shall provide a minimum 30 percent transparency in the form of openings. When forecourts are used to meet building facade articulation requirements all of the following additional criteria shall be met: (a) one side of the forecourt space shall abut the building's frontage, (b) it shall not be used for outdoor storage, and (c) mechanical equipment shall not be located within or visible from the forecourt (d) encroachments into a forecourt above the first floor are allowed up to a maximum of 15 percent of the area of the forecourt and any one encroachment shall not encroach more than eight-feet into the forecourt. When abutting a building's frontage, forecourts may be separated from the public Right of Way by a fence or decorative wall, provided the fence or wall has a gated entrance accessible from the Right of Way and the fence or wall is encouraged to have design articulation to not contradict the intent of the overall building articulation when experienced from the street.

Franchise chain: Nationally recognized retailer or restaurant.

Frontage, street: The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street.

Frontage, lot: The distance for which the front lot line and street line are coincident.

Garage, parking: A building or portion thereof designed or used for the temporary storage of motor-driven vehicles.

Garage, private: An accessory building, not exceeding 900 square feet in floor area, designed or used for the storage of not more than four automobiles.

Grade: The sidewalk elevation at the centerline of the front of the property. If there is no sidewalk, the elevation of the crown of the road at the centerline of the front of the property shall be used.

Grade, adjusted means the midpoint elevation between grade and the minimum required flood elevation for a lot(s).

Grade, average existing means the average grade elevation calculated by averaging spot elevations of the existing topography taken at ten-foot intervals along the property lines.

Grade, future adjusted means the midpoint elevation between the future crown of the road as defined in the town's stormwater master plan, as may be created, enacted or amended, and the base flood elevation plus two feet for a lot(s).

Height:

(1)

Flat roofs: The vertical distance from the average datum or elevation of the crown of the road fronting the lot or building site, to the highest point of the roof.

(2)

Pitched roofs: The vertical distance from the average datum or elevation of the crown of the road fronting the lot or building site, to the top of the tie beam. A pitched roof shall have a maximum pitch of four in 12.

(3)

H120 District: For the H120 district, the maximum building height of 120 feet is measured from the current elevation established by the state department of environmental protection for the first habitable floor as of the effective date of the ordinance from which this section derived, which is set at +16.63 NAVD88 (or +18.2 feet NGVD29). The maximum building height shall not exceed +136.63 NAVD88 (or +138.2 NGVD29) to the highest point of the structural roof for a flat roof or the top of the tie beam for a pitched roof.

Hotel: A building in which lodging is provided and offered, including all utilities and housekeeping services, to the general public for compensation, with or without meals, excluding accommodations for employees, and in which ingress and egress to and from all rooms is made through an inside lobby supervised by a person in charge at all times.

(1)

Hotel room means a room or group of rooms in a hotel intended for rental to transients and not intended for use or used as a permanent dwelling.

(2)

Each hotel room shall have a private bath attached thereto, but no kitchen facilities therein.

(3)

The existence of separate utility meters serving any room or group of rooms shall be deemed sufficient to classify such room or group of rooms as an apartment.

Impervious area: An area covered by a material which does not permit infiltration or percolation of water directly into the ground.

Indian Creek bulkhead line: The bulkhead line as defined in section 14-101.

Interior balcony: A platform that is supported by the wall of a building that is surrounded by three sides of the building and open on one side.

Loading space: A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks.

Lot: A parcel of land occupied or which may be hereafter occupied by a building, buildings and any accessory buildings, together with such open spaces and parking spaces or area as are required under this article and having its principal frontage upon an officially approved street or place. "Lot" includes the word "plot" or "parcel" or "tract" or "site."

Lot area: The total horizontal area within the lot lines of the lot. Lot area in the H120 district shall be calculated based on the area bounded by the west, north, and south lot lines and the bulkhead line on the east. The area between the erosion control line and the bulkhead line shall not be counted as part of the lot area for calculation of density, lot coverage, or any other zoning calculation.

Lot, corner: A lot abutting upon two or more streets at their intersection.

Lot coverage: The percentage of the total area of a lot that, when viewed from above, would be covered by all principal and accessory buildings and structures (except in-ground swimming pools, non-concrete fences, screen enclosures, wood decks and pergolas), or portions thereof. In the H30A and H30B detached, single-family districts, the lot coverage is limited to a maximum 50 percent of the lot for single-story homes and 40 of the lot for two-story homes; provided however that the following shall not be included in determining the lot coverage for two-story homes:

(1)

Uncovered steps and exterior, cantilevered balconies;

(2)

Uncovered terraces, patios, breezeways, or porches which are open on two or more sides; and

(3)

Covered, cantilevered terraces, patios, breezeways, or porches which are open on two or more sides.

In no instance may the sum of the lot coverage and all exemptions listed in subsections (1)—(3) above exceed 50 percent of the lot area for one-story homes and 46 percent of the lot area for two-story homes.

Lot, depth of: The average horizontal distance between the front and rear lot lines, except where a lot abuts the ocean, Indian Creek or other established waterway; then the depth of the lot shall be the average horizontal distance between the front lot line and the erosion control line.

Lot, front: Shall be construed to be the portion nearest the street. For corner lots, the lot front shall be the narrowest portion abutting the street.

Lot, interior: A lot other than a corner lot.

Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of the circuit court of the county; or a parcel of land which became legally established and defined by a deed or act of sale.

Lot, through (double-frontage): A lot having a frontage on two parallel or approximately parallel streets or places.

Lot width: The horizontal distance between the side lot lines measured at the required front yard line and parallel to the front street line, or measured at the street line if no front yard is required.

Marijuana: Any strain of cannabis or marijuana, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana"

Massing: The expression of interior volume as form.

May: Permissive.

Medical marijuana dispensary: A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

Multi-dwelling structure: A residential building on a plot, consisting of three or more dwelling units, having at least three common party walls with adjacent dwelling units, except for end or corner units.

Nonconforming lot: A lot which had a separate existence prior to the enactment of these zoning regulations, or any amendment thereto, which requires a larger area, frontage, width or depth than that which existed prior to such enactment.

Nonconforming structure: A structure which lawfully existed prior to the enactment of these regulations or any amendment thereto, which does not comply with the restrictions as to size, nature of construction, location of the structure on the land, or location of the structure in proximity to other buildings required by the regulations adopted subsequent to its construction, and which is continuously maintained after the effective date of such regulations or amendment thereto.

Nonconforming use: A use of land and/or buildings which lawfully existed prior to the enactment of these regulations or any amendment thereto, which does not comply with the use restrictions applicable to the district in which it is situated, and which is continuously maintained after the effective date of such regulations or amendment thereto.

Nonhabitable understory: That unoccupied portion of a building located between grade and the elevation of the lowest habitable floor, and entirely within the building's footprint, that conforms to section 90-49.5 and that is not a basement.

Ocean bulkhead line: That bulkhead line as defined in section 14-86.

Occupied: Possession and use of a structure for its intended purpose. The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.

Ornamental: When used to describe a wall constructed for beauty, decorative, or security effect.

Parking lot: An open, unoccupied area of land used or required for use for parking automobiles exclusively and in which no gasoline, oil, services, wash-racks or accessories are sold or no other business conducted.

Parking space, off-street: A paved area not in the street or alley and having an area of not less than nine feet by 20 feet, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

Person: Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary.

Pervious area: Area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water directly into the ground. Pavers or pervious hard materials, including pervious concrete, shall not be utilized for the calculation of pervious area.

Place of business: Any structure used for the purpose of exercising the privilege of engaging in business within the town limits.

Place of public assembly: Any area where individuals assemble, whether publicly or privately owned and maintained. Includes, but is not limited to, public assembly buildings, such as auditoriums, private clubs and lodges, community centers, clubhouses and theaters; and places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs.

Regulations: The whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols, contained or referred to in this chapter.

Restaurant: An establishment maintained and operated as a place where food is regularly prepared, served or sold for immediate consumption on or about the premises and every establishment preparing food to be called for, delivered to or taken out by customers.

Roof deck: An open, unroofed floor structure used in conjunction with a principal building and installed on the roof of a building.

Rooftop photovoltaic solar system: A system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack-mounted on a flat roof, to convert sunlight into electricity.

Secondary frontage: When referring to a corner lot, the secondary frontage shall be the widest portion of the lot abutting the street.

Setback: The minimum distance required by a zoning district that all structures shall be from front, side and rear lot lines. Setback areas are the same as "yards," "required yards," "minimum required yards," or "minimum yards," and regulations referencing "setbacks" shall be interpreted to apply to "yards."

Shall: Always mandatory and not merely discretionary.

Show window or display window: An area enclosed on one or more sides by glass, adjacent to the public right-of-way, for the purposes of displaying signs and merchandise to the public. Where transparent glass constitutes part of a front or side of a building adjacent to the public right-of-way, all areas within five feet of such glass shall constitute a show window.

Site plan: A drawing illustrating a proposed development of a lot or tract, in accordance with the specifications and requirements set forth in section 90-19(h) and 90-20(a)(3)b.

Special exception: A use that would generally not be appropriate in the zoning district, which may be authorized by the planning and zoning board if specific provisions and controls are applied.

Step-back: A portion of a building set back from the portion below it. Step-backs shall be measured from building line rather than from lot line.

Story: That portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and ceiling next above it.

Street: A public thoroughfare which affords the principal means of access to abutting property.

Streetline: A dividing line between a lot and the adjacent street.

Structure: Anything constructed or erected, the use of which requires rigid location on the ground or attachment to something having a permanent location on the ground, including, but not limited to buildings, individual units within a building, trailers/construction trailers, signs, backstop for tennis courts, swimming pools, fences, screen enclosures, and pergolas.

Structural alterations: Any change that would change the shape or size of any portion of the exterior of the building or structure, including any work affecting the supporting members of a building or structure, such as bearing walls, columns, beams, arches, floor or roof joists, or girders.

Substantial improvement: Any combination of repairs, reconstruction, alteration or improvements to a building, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building. The market value of the building should be:

(1)

The appraised value of the building prior to the start of the initial repair or improvement;

(2)

Such other value as approved by the federal government or the state; or

(3)

In the case of damage, the value of the building prior to the damage occurring.

This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which have been identified by the code enforcement official and which are solely necessary to assure safe living conditions.

Suite-hotel: A hotel containing one or more suite-hotel rooms as defined below. A minimum of 15 percent of total gross building area shall be maintained as common or recreational areas. The building shall have central air conditioning or flush-mounted wall units; provided, however, no air conditioning equipment may face any street or body of water. The building shall not have open exterior walkways providing access to units. Provided that all conditions of this Code are met, a suite-hotel may be a timeshare property as defined in F.S. ch. 721.

Suite-hotel room: A hotel room in a suite-hotel containing not less than 525 square feet of net useable interior space and shall contain kitchen facilities.

Swimming pool: Any permanent structure containing a body of water intended for recreational purposes, including a wading pool.

Tandem parking: Parking spaces arranged one behind the other such that one space must be driven across to access another space or spaces or parking spaces provided by virtue of mechanical lifts.

Townhouse: Two or more dwelling units attached by a common party or fire wall with each unit having two or more stories.

Transient: Any person who exercises occupancy or is entitled to exercise occupancy of any structure or part thereof by reason of renting, leasing, letting or granting a license for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.

Unity of title: An agreement executed by and between one or more property owners of more than one lot, which shall not be conveyed, sold, mortgaged, etc. apart from each other and shall be held together as one tract. Such unity of title shall be recorded in the public records of Miami-Dade County, Florida and shall run with the land and shall be binding upon the property owner(s), successors and assigns.

Use: Any purpose for which buildings or other structures or land may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity or operation carried on or intended to be carried on in a building or other structure or on land.

Wall: A structure or device forming a physical barrier that is constructed so that the vertical surface is closed to prevent the passage of vision in a horizontal plane.

Weep holes: Small holes in a retaining wall or other ornamental wall where it may be necessary to drain off excess water to avoid pressure buildup and ponding of water.

Yard: An open area which is on the same lot as a building and which is unoccupied and unobstructed from the ground upward, except as otherwise provided in these regulations. The term "yard" refers to the same area as the term "setback," and regulations describing "yards" shall be interpreted to apply to "setbacks."

Yard, front: A yard across the full width of the lot extending from the front line of the building to the front street line of the lot.

Yard, rear: A yard extending the full width of the lot between the main building and the rear lot line.

Yard, side: A yard on the same lot with the building between the main building and the adjacent side of the lot, and extending from the front yard to the rear yard thereof.

(Ord. No. 1519, § 2, 4-14-09; Ord. No. 1529, § 2, 7-15-09; Ord. No. 1542, § 2, 12-8-09; Ord. No. 1545, § 2, 2-12-10; Ord. No. 1551, § 2, 4-13-10; Ord. No. 1558, § 2(Exh. A), 5-13-08; Ord. No. 1572, § 2, 4-12-11; Ord. No. 1617, § 2, 3-11-14; Ord. No. 1623, § 2, 7-8-14; Ord. No. 2016-1642, § 2, 1-12-16; Ord. No. 1655, § 2, 12-13-16; Ord. No. 17-1666, § 2, 12-12-17; Ord. No. 18-1673, § 2, 2-13-18; Ord. No. 22-1719, § 2, 3-8-22; Ord. No. 22-1722, § 2, 6-14-22; Ord. No. 22-1728, § 2, 9-13-22; Ord. No. 23-1736, § 2, 4-18-23; Ord. No. 23-1737, § 2, 4-18-23; Ord. No. 23-1752, § 2, 9-12-23; Ord. No. 24-1786, § 2, 10-8-24)

(1)

The town manager or designee shall designate personnel who shall have the authority to enforce the provisions of this Code.

(2)

Where it is found that any of the provisions of this Code are being violated, enforcement proceedings may be initiated against the real property owner, the tenant if applicable and any other person violating the provisions of this Code. Any enforcement procedure authorized by the Town of Surfside Code of Ordinances or state law may be used to enforce the provisions of this Code. It shall be at the discretion of the town manager or designee to determine which method of enforcement is appropriate and whether more than one method of enforcement should be brought.

(3)

In addition to enforcement by the town manager or designee, the provisions of this Code may be enforced by the Surfside Police Department if appropriate.

(4)

Further, the town commission may direct the town attorney to bring an action for injunctive relief in appropriate circumstances.

(5)

Where this Code includes regulations on the same point as contained in any other law or ordinance, the provisions of this Code shall govern; except that where the regulations of the other law or ordinance are more restrictive than those of this Code, the other shall govern.

(6)

In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by these regulations to interfere with or abrogate or annul any easements, covenants, or other agreement, provided however, that where these regulations impose a greater restriction upon the use of buildings or premises or upon the height of buildings, or require larger open spaces or yards or lot areas than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of these regulations shall govern.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

The purpose of this chapter is to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, convenience, prosperity, and general welfare of the citizens of the town and of the citizens of Miami-Dade County, Florida, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public utilities and facilities, for promotion of the civic amenities of beauty and visual interest, and for development in accord with the comprehensive plan by establishing zoning districts and by regulating the location and use of buildings, structures, and land for trade and residence, by regulating and limiting or determining the height, bulk and access to light and air of buildings and structures, the area of yards and other open spaces and the density of same. To accomplish these objectives, the regulations and districts and accompanying map have been designed with reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

(1)

Purpose: Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the comprehensive plan. These uses are permitted as of right, subject to the required permits and procedures described in this section. Permitted uses require final site plan review and approval for compliance with the standards applicable to a particular permitted use as provided in this Zoning Code.

(2)

Permits required. Except as explicitly provided herein, no use designated as a permitted use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits.

(3)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or part thereof be used except for a use permitted in the district in which the building is located.

(4)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered to exceed the height limit herein established for the district in which the building is located.

(5)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with the area regulations of the district in which the building is located.

(6)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with the off-street parking and loading regulations of the district in which the building is located.

(7)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with the floor area regulations of the district in which it is located.

(8)

No building shall be erected or moved except in conformity with the established flood criteria, as indicated on the most current edition of the federal flood insurance rate maps and in Chapter 42, Article II, applicable to the lot on which the building is located.

(9)

No building shall be erected or enlarged after the effective date of these regulations, which reduces any level of service standard established in the town's adopted comprehensive plan.

(10)

All improved properties shall have their street number displayed and clearly visible from the street on which the front entrance of the building faces. In the SD-B40 and the H120 districts, all properties additionally shall have their street numbers displayed and clearly visible from the rear of the property.

(11)

Nothing in this chapter shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

(a)

A governmental act of development approval was obtained prior to the effective date of this chapter or prior to the effective date of an amendment to this chapter; and

(b)

Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and

(c)

That it would be highly inequitable to deny the property owner the right to complete the development.

(12)

No building that requires a permit to place excavated sand seaward of the coastal construction control line shall be erected or moved unless applicant has complied with sections 34-2 to 34-8 and section 14-28 of the Town Code of Ordinances.

90-5.1 Only one main building and the accessory buildings and uses customarily incident thereto shall be located on any single lot. In the case of single-family dwellings, only one kitchen shall be provided on each lot.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1631, § 4, 3-10-15)

(1)

Purpose. The zoning in progress doctrine ("zoning in progress") generally allows the town to apply, on a retroactive basis, if necessary, changes to zoning regulations or to the zoning district status of property, to previously approved or currently in process development applications. Additionally, the zoning in progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress that would affect the permit of license.

(2)

Initial adoption of zoning regulations. Zoning in progress shall be applied to the initial adoption of this section in the following manner:

(a)

Zoning in progress shall not be applied to the extent that vested rights are established.

(b)

Zoning in progress shall apply to applications for development approvals, which were filed with the town after the cut-off date established in (2) above. Upon the adoption of any impact fees, all applicants will be responsible for the remittance of same to the town, irrespective of time of filing of the application, up to and including to the time of issuance of a building permit.

(c)

Zoning in progress shall not apply to the grant of any moratorium waiver specifically granted by the town commission.

(3)

Future amendments to zoning regulations. When an amendment to the zoning regulations or in the application of any particular zoning district classification to land is being considered, the town may impose a temporary hold on any development applications pending before the town with respect to the area of the zoning regulatory text which is the subject of the amendment. The hold shall commence upon the date that the notice of zoning in progress is published in a newspaper of general circulation in the town and shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the town commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. An affected person may appeal the town staff's application of this provision to the town commission for review by the town commission by filing a notice with the town manager.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

Any building or structure for which a lawful building permit has been issued, and the construction of which has been started prior to the effective date of the ordinance from which this chapter was derived may be completed and used in accordance with the plans and specifications upon which such building permit was granted, provided such construction is completed within one year after the effective date of the ordinance from which this chapter was derived.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

(1)

Where, on the effective date of the ordinance from which this chapter was derived, there are outstanding valid building permits, authorizing the construction of buildings, structures, additions or alterations, the use or construction of which do not conform to the requirements of this chapter, such permits shall be void unless actual construction work, excluding grading or excavating, is substantially underway on that date and the underlying vested rights to construction are vested. Vested rights are defined in subsection 90-5(11).

(2)

Where, on the effective date of the ordinance from which this chapter was derived, there are outstanding valid permits, authorizing the use of land or buildings without construction work,

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

All regulations contained in this chapter and the maps attached thereto shall be amended, supplemented or changed only in compliance with Florida law and shall be consistent with the Comprehensive Plan.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

No structure shall be constructed or enlarged unless it meets all requirements of Chapter 34 regarding storm drainage management. Such requirements shall apply to all accessory buildings or structures or uses serving such structures.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

(1)

Except for applications by a single-family homeowner in the H30A and H30B districts, the town manager or designee, in the review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the town as the manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultant shall be in accord with the charges customarily made for such services in Miami-Dade County, and pursuant to an existing contractual agreement by and between the town and such consultant. Charges made by the town shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid on submission of a town invoice.

(2)

Unless prohibited by law, the applicant shall reimburse the town for the cost of such consultant or employed professional services upon submission of a copy of the invoice, within 30 days of submission of a copy of the invoice. These fees are in addition to any and all other fees required by other law, rule or regulation of the Town Code.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the town for the cost of professional review services. The applicant shall then provide funds to the town for deposit into such account in an amount to be determined by the town manager, based on evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any town invoice for such services as they are submitted to the town. When the balance in such escrow is reduced to one-third of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the town may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit, certificate of use and occupancy or other action shall not be issued unless all professional review fees charged in connection with the application have been reimbursed to the town. Once all pertinent charges have been paid, the town shall refund to the applicant any funds remaining on deposit.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

The town manager or designee shall collect all fees required pursuant to this chapter.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)