Applicability and validity of tables. Nothing shall be used to misconstrue or reinterpret the provisions, limitations and allowances made here in.

(a)

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.

(b)

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.

(c)

Table—Regulated uses.

Key: P: Permitted   Blank: Not Permitted    (#): Refer to Notes   CU: Conditional Use

Key: P: Permitted   Blank: Not Permitted    (#): Refer to Notes   CU: Conditional Use

Key: P: Permitted   Blank: Not Permitted    (#): Refer to Notes   CU: Conditional Use

(d)

Uses table notes.

(1)

Detached single-family dwellings, subject to the following restrictions and limitations, as follows:

a.

No structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed, structurally altered or maintained for any purpose which is designed, arranged or intended to be used or occupied for any purpose other than as a one-family residence, including every customary use not inconsistent therewith.

b.

Every use not specifically authorized and permitted is prohibited and nothing herein shall authorize or be construed to permit the renting of a room or a portion of the property or improvement; or, to permit the use of any part of the premises as a business, office or establishment for the purpose of carrying on any business or the practice of rendering personal, trade or professional services, except as provided under the "Home Office" provision of this Code.

c.

An accessory or subordinate building, attached or detached from the main premises in a single-family district, shall be construed to permit the use of such building for the purposes of garages, cabanas, storage and home workshops (non-commercial). However, nothing herein shall authorize or be construed to permit the occupancy or the use of any accessory building or structure, as a place of abode or dwelling, and no cooking or kitchen facilities shall be permitted.

(2)

Shall be for private-use only limited to residents and guests only and not public access.

(3)

Shall be limited to an area of not more than two percent of the gross floor area of the building for administration of rental units in a building containing ten or more living units.

(4)

Shall be limited to lounges, card rooms and auxiliary kitchens which are solely for the use of residents and guests.

(5)

Shall be for the use of residents and guests of a multiple-family dwelling and shall not be for public access. Coin-operated laundry machines may be utilized.

(6)

Shall be allowable only inside buildings containing ten or more living units or guest rooms.

(7)

May provide a beauty/personal services, dining room, and coffee shop, bar or cocktail lounge, telegraph office, tobacco, candy, and newsstand, automobile rentals where rental vehicles are not kept on premises, ready to wear shops, travel agencies, gift and sundry shops, coin operated machines, washing machines, and marble, coin or amusement machines (other than gambling devices), and diet and health spas providing services solely to guests; provided, however, that such facilities may be entered only from the inside of the structure and there shall be no window or evidence of such facilities from outside the hotel or motel.

(8)

Shall conform to the following restrictions and conditions:

a.

That no baking shall be done on the premises for other retail or wholesale outlets.

b.

That ovens or oven capacity is limited in total usable baking space, not to exceed in volume 18 standard pans of 18 by 26 inches in width and length.

c.

That adjoining properties shall be safeguarded and protected from exhaust fan or other obnoxious noises and odors at all times.

d.

That all baking will be done by the use of electric or natural gas (not bottled gas) ovens only.

e.

All machinery and equipment shall be entirely confined within the main building.

f.

That the hours of baking operation shall be limited to those hours between 6:00 a.m. and 9:00 p.m.

g.

That the entire store area shall be fully air-conditioned as required for comfort.

h.

That baking shall not be permitted within 20 feet of the store front, and shall be separated from the sales area by a partition or counter.

(9)

Shall only be allowed above the first floor. This shall apply to all service agency categories.

(10)

Provided all machinery which provides cleaning or laundry services shall be separated from customer areas by a partition or counter and no customers shall be permitted to use such machinery. In addition, all dry cleaning machinery shall be non-ventilated, sealed system type machinery in which "Fluorocarbon R-113" type solvents are used.

(11)

Shall not be visible from sidewalk or street and shall not be permitted fronting Harding Avenue.

(12)

Provided all tapes sold are prerecorded, and all tapes are rated either G, PG, PG-13, or R.

(13)

Provided that no sales shall be made through an open window to any street, alley, driveway or sidewalk.

(14)

Provided no repairing or servicing of furniture is permitted on the premises.

(15)

Coin and credit operated machines for dispensing goods or services are permitted, except that washing machines, dryers and other laundry-related equipment are prohibited. An arcade is an establishment that contains three or more amusement devices of any description, including, but not limited to, pinball amusement games, computer amusement games and/or games of chance for the public amusement, patronage or recreation. No coin-operated games of chance are permitted which may be construed as gambling under state law and no permitted games shall be used for wagering, but may result in the awarding of prizes up to $50.00 in value.

(16)

Shall only be allowed above the first floor and such studios meet all of the following restrictions and conditions:

a.

That the premises be air conditioned and soundproofed.

b.

That no dance instruction or dancing shall be visible from any sidewalk, street or alley.

c.

That the opening and closing hours for such studios may be established by the town commission at its discretion at any time.

(17)

Shall only be allowed above the first floor and such use shall maintain at all times sufficient office space to accommodate all applicants for employment using their services and obviate the congregating or loitering of such applicants in any hallway or on any sidewalk.

(18)

Shall be any subordinate building or use which is clearly incidental to and customary in connection with the main building or use, provided there shall be no open storage of products and materials, including garbage and debris, on any lot.

(19)

Services including tanning, hair removal (except for shaving normally associated with barbershops) and licensed therapeutic massage shall not be visible from the public right-of-way.

(20)

Provided no machinery for providing repairs shall be visible from the sidewalk or street and no shoe repair shop shall be permitted on Harding Avenue.

(21)

Provided such use shall be limited to offices only, and shall not be interpreted in any manner as permitting the conduct of any such school's or schools' business, activities or functions upon the public streets of the town.

(22)

A bar accessible from the pool or pool deck for use solely by guests of hotels and their guests in the H120 district. In all cases, it shall be the exclusive responsibility of the owner, operator, tenant or user of the property to assure that neither the sale nor consumption of beverages shall occur or be allowed to occur off the property or on any portion of the property lying east of the bulkhead line.

(23)

The annual permit requirements in Section 90-23.6 are not applicable to this use. A unity of title and a covenant shall run with the land if a Structured Parking Facility is located on a different lot from the main facility. So long as the main lot remains developed, the parking lot shall remain.

(24)

Outdoor dining facilities on private property shall be permitted subject to all applicable zoning code requirements. Outdoor dining facilities that are on public right-of-way shall be solely subject to the open air cafe requirements provided in chapter 18 of this Code of Ordinances.

(25)

Veterinary office is a facility for the diagnosis and treatment of pet animals.

Pet animals are defined as dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds and fish retained for the purposes of being kept as a household pet.

Veterinary offices approved by conditional use are subject to the following:

a.

Animals shall be walked on the premises in an enclosed area and all waste shall be disposed of immediately.

b.

No overnight boarding shall be permitted.

c.

Soundproofing shall be required and the noise outside the building shall not exceed that of average daily traffic measured at the lot line.

d.

No malodor shall be perceptible at the boundary of the premises.

e.

All waiting rooms and patient areas shall not be visible from the public right-of-way.

f.

A minimum of ten percent of the floor area of the establishment shall provide retail sales located at the front of the establishment.

g.

Grooming shall be permitted as an ancillary use to a veterinary service.

h.

There shall be a minimum distance separation of 400 feet between veterinary offices.

i.

A violation of any of the conditions described in subsection 90-41(d)(25)a.— h., or a violation of the standards of review in section 90-23.2 or a violation of additional conditions required by the town commission, shall result in the rescinding of the conditional use permit after the conditional use permit holder has been notified of these deficiencies. An administrative decision to revoke the conditional use permit may be appealed to the town manager within 30 days of the date of the revocation. The town manager shall schedule an informal hearing with the applicant and the town manager's decision shall be rendered in writing within ten days of the meeting. Any decision made by the town manager regarding conditional use permits may be appealed to the town commission.

(26)

Provided that no animals including without limitation dogs, cats, ferrets, rabbits, turtles, gerbils, hamsters, cows, horses, sheep, and other domestic animals or livestock shall be sold on the premises.

(27)

Electric vehicle charging stations shall be limited to personal use and shall not be used for purposes of wholesale or retail sales. All components of the electric vehicle charging station shall be wall mounted and completely concealed from view. The station shall be elevated or designed so that all electrical components are 12 inches above the 100-year floodplain.

(28)

Electric vehicle charging stations shall contain a retraction device, coiled cord, or a place to hang cords and connectors above the ground surface. The station shall be elevated or designed so that all electrical components are 12 inches above the 100-year floodplain.

(29)

Electric vehicle charging stations shall be limited to electric vehicle charging level 2 or level 3 electric vehicle charging stations only and contain a retraction device, coiled cord, or a place to hang cords and connectors above the ground surface. The station shall include the following: (a) voltage and amperage levels; (b) usage fees, if any; (c) safety information; and (d) contact information to report issues relating to the operation of the equipment. The station shall be elevated or designed so that all electrical components are 12 inches above the 100-year floodplain.

(30)

The following uses shall be separated from similar existing uses, or similar approved but unbuilt uses, within the town limits, by the minimum distances specified below, measured from front door to front door:

a.

For purposes of this calculation, front door shall mean the primary public access to the business which shall not include any alley, rear or secondary access point.

b.

Medical marijuana dispensary: eight hundred fifty (850) feet.

c.

Drug stores: eight hundred fifty (850) feet, except this restriction shall not apply when at least eighty (80) percent of the square footage of the leased space is used for an authorized commercial purpose under this Code other than the dispensing of prescription drugs, non-prescription drugs, medical devices or sundries.

(31)

H40 hotel properties south of 93rd Street. May provide a beauty/personal services, restaurant, coffee shop, bar or lounge, gift and sundry shops and health spas provided, however, that such facilities may be entered only from the inside of the structure and there shall be no window or evidence of such facilities from outside the hotel. Ballrooms and banquet facilities shall be prohibited.

(32)

Meeting rooms in hotels on H40 properties south of 93rd Street. Event and/or meeting room space shall be based on no greater than 15 square feet per the total number of rooms of the hotel and shall have a capacity of no greater than 100 people.

(33)

H40 hotel properties south of 93rd Street. Standalone structured parking facilities shall be prohibited. Accessory uses shall be integrated into the parking facility.

(34)

H40 hotel properties south of 93rd Street. Exemptions:

All properties designated by the county historic preservation board and all properties that legally received development orders as of the date of adoption of the ordinance from which this subsection derived (November 12, 2019) are exempt from the requirements and restrictions in subsections (31) to (33) of this section.

(35)

Pet grooming may be permitted as accessory to pet supplies provided:

a.

Animals shall be walked on the premises in an enclosed area and all waste shall be disposed of immediately.

b.

No overnight boarding shall be permitted.

c.

Soundproofing shall be required and the noise outside the building shall not exceed that of average daily traffic measured at the lot line.

d.

No malodor shall be perceptible at the boundary of the premises.

e.

Pet sales or pet adoption services are prohibited.

f.

There shall be a minimum distance separation of 1,200 feet between pet supplies stores offering pet grooming and 400 feet between a pet supplies store offering pet grooming services and a veterinary office offering pet grooming services.

(e)

Surface parking lots owned, operated, and maintained by the town may be located in any zoning category except H30A and H30B.

(36)

A restaurant with or without outdoor dining may be permitted as a conditional use accessory to multifamily residential uses in the H120 district provided:

a.

The restaurant is a full-service restaurant providing table service employing server staff to take orders and deliver food;

b.

Restaurant use(s) (including outdoor dining area) may comprise no more than five percent of the multifamily project's total floor area;

c.

The building includes sufficient parking to provide one parking space for every four seats in the restaurant (including outdoor dining area) without diminishing the parking provided for the multifamily dwellings below current requirements, as amended from time to time;

d.

The building provides access to such parking through a valet service that provides sufficient queuing to avoid impacting Collins Avenue;

e.

Outdoor dining areas shall not operate outdoor speakers and all restaurant operations and activities shall close no later than 11:00 p.m.;

f.

Lighting for outdoor dining areas shall be internally oriented so as to avoid any spillover or impact onto adjacent residential areas.

g.

One wall sign of up to 20 square feet may be permitted for the restaurant use(s) with planning and zoning board approval provided it is smaller and less prominent than the primary sign for the residential building; and

h.

Other conditions and requirements as may be imposed by the town commission.

(37)

Smoke shop is a commercial establishment that sells nicotine, tobacco, and/or vape products or devices as a:

i.

Retail nicotine products dealer, as defined in F.S. § 569.31(6);

ii.

Retail tobacco products dealer, as defined in F.S. § 569.002(4); and/or

iii.

Vapor-generating electronic device retailer, as defined in F.S. § 386.203(15), that does not sell products that produce vapor or aerosol from marijuana or marijuana derivatives;

or any combination thereof. The term shall exclude a cigar and tobacco lounge.

In evaluating a request for conditional use approval for a smoke shop, the town commission shall consider whether the proposed use:

a.

May have an unfavorable effect on the economy of the SD-B40 district, other businesses, and tourism in the town;

b.

Adversely impacts the variety of uses that establish the diverse character of the town's commercial area;

c.

Is incompatible with and impacts on the commercial area and surrounding neighborhoods; and

d.

Otherwise adversely impacts the health, safety, convenience and the general welfare of the community.

In evaluating a request for conditional use approval for a smoke shop, the town commission may impose individualized conditions in order to ensure that the use is compatible with the SD-B40 district and surrounding neighborhoods.

(Ord. No. 1504, § 2(Exh. A), 5-13-08; Ord. No. 1514, § 2, 4-14-09; Ord. No. 1551, § 2, 3-13-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1561, § 2, 10-12-10; Ord. No. 1563, § 2, 11-9-10; Ord. No. 1566, § 2, 1-18-11; Ord. No. 1572, § 2, 4-12-11; Ord. No. 1601, § 2, 4-9-13; Ord. No. 1608, § 2, 10-8-13; Ord. No. 1611, § 1, 2-11-14; Ord. No. 1617, § 2, 3-11-14; Ord. No. 17-1666, § 3, 12-12-17; Ord. No. 19-1705, § 2, 11-12-19; Ord. No. 21-1715, § 2, 2-9-21; Ord. No. 23-1750, § 2, 7-11-23; Ord. No. 23-1753, § 2, 9-12-23; Ord. No. 23-1758, § 2, 10-10-23; Ord. No. 24-1774, § 2, 6-18-24)

(a)

Definitions and registration:

(1)

Intent. The Town of Surfside recognizes that the unregulated rental of single family, two-family, multi-family, and townhome dwelling units by seasonal residents uniquely impacts certain neighborhoods within the town. Therefore, it is necessary and in the interest of the public health, safety, and welfare to the monitor and provide reasonable means for citizens of the Town to mitigate impacts created by such rental of such dwelling units within the Town as set forth in this article.

(2)

Definitions. For the purpose of this section, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number.

Owner shall mean the person whom is vested ownership, dominion, or title of property.

Responsible party shall mean the owner or the person designated by the owner of the property to be called upon to answer for the maintenance of the property and the conduct and acts of seasonal residents of single family, two-family, multi-family, and/or townhome dwelling units.

Seasonal resident shall mean guests, tourists, lessees, vacationers, or others who lease a single family, two-family, multi-family, and townhouse dwelling unit for valuable consideration for a period of time between one day to no more than six months.

Short-term rental shall mean any occupancy of a single family, two-family, multi-family, and townhouse dwelling unit for a period of time between one day to no more than six months provided however the terms of this short term rental ordinance shall not apply to film and print productions and use of the aforementioned premises for those purposes.

(3)

Registration required. It shall be unlawful for any person to allow another person to occupy any single family, two-family, multi-family, and townhouse dwelling unit as a seasonal resident within the Town of Surfside, or offer such rental services within the town, unless the person has been registered with the town in accordance with provisions of this section. A registration is required for each rental period for which the single family, two-family, multi-family, and/or townhouse dwelling unit is rented. No more than three (3) registrations shall be issued within a 12-month period. Every person required to procure a registration under this Section shall submit a formal application to the town manager or designee.

(4)

Application for registration. Applications for registration shall set forth and/or include at a minimum:

a.

Address, lot, block and subdivision name of single family, two-family, multi-family, and townhouse dwelling unit offered for rental;

b.

Name, address, and phone number of owner of said single family, two-family, multi-family, and/or townhouse dwelling unit;

c.

Name, address, and emergency contact phone number of responsible party for said single family, two-family, multi-family, and townhouse dwelling unit, which shall be a 24-hour, seven days a week contact number;

d.

That the phone number for the responsible party will be answered 24 hours a day, seven days a week by a party with authority to address or coordinate problems associated with the single family, two-family, multi-family, and townhouse dwelling unit;

e.

Acknowledgements by owner of the following:

i.

That all vehicles must be parked in the driveway of the single family, two-family, multi-family, and townhouse dwelling unit and clear of all grassy areas and sidewalk sections pursuant to Town of Surfside Code of Ordinances;

ii.

That it shall be unlawful to allow or make any noise or sound which exceed the limits set forth in the Town's Noise Ordinance;

iii.

That no garbage container shall be located at the curb for pickup before 12:00 pm of the day prior to pickup, and garbage container shall be removed before midnight of the day of pickup;

iv.

That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a single family, two-family, multi-family, and townhouse dwelling unit, or, having authorized, licensed, or invited is warned by the owner or lessee, to depart the unit and refuses to do so, commits the offense of trespass in a structure or conveyance;

f.

Proof of owner's current ownership of the single family, two-family, multi-family, and townhouse dwelling unit.

g.

Issuance or refusal of registration. The town manager or his designee shall issue a registration to the applicant upon proof of the following:

i.

The owner and/or responsible party completes the Town of Surfside registration application form; and

ii.

The registration fee has been paid to the town; and

iii.

Incomplete registration applications are unacceptable and requested registration shall not issue.

h.

Registration not transferable. No registration issued under this article shall be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

i.

Expiration of registration. All registration issued under the provisions of this article shall be valid for the rental period requested in the application.

j.

Complaints. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the town manager or his designee.

(b)

Fees for registration. The Town is authorized and shall charge a fee for registration to compensate for administrative expenses. The fees for registration shall be set forth in a resolution adopted by the commission of the Town of Surfside, and may be amended from time to time.

(c)

Resort tax and enforcement.

(1)

Payment of resort tax required. Owners are subject to payment of the resort taxes as establish by the laws of the Town of Surfside.

(2)

Violations of this section:

a.

Are subject to the fines as set forth in the schedule of fines adopted by resolution.

b.

In addition to or in lieu of the foregoing, the town may seek injunctive relief.

c.

Any code compliance officer may issue notices for violations of this ordinance, with enforcement of section 90.41.1 and alternative enforcement of section 1-8 as provided in Chapter 1 of this Code. Violations shall be issued to the owner, manager, real estate broker or agent, or authorized agent, or any other individual or entity that participates in or facilitates the violation of this section. In the event the record owner of the property is not present when the violation occurred or notice of violation issued, a copy of the violation shall be served by certified mail on the owner at its mailing address in the property appraiser's records, in the event the notice is returned as unclaimed or refused, notice may be provided by posting on the property, and a courtesy notice by first class mail to the contact person identified in subsection (4)c. above.

(d)

Previously existing short term rentals.

(1)

For a period of six months after the effective date of the ordinance from which this section derives, owners of certain properties shall be eligible to apply for approval of registration permitting short term rental of residential units for these properties under the requirements and provisions set forth below. Properties that are eligible are those that can demonstrate a current and consistent history of short-term renting, and that such short-term rentals are the primary source of income derived from that unit or building, as defined by the requirements listed below.

a.

In order to demonstrate current, consistent and predominant short-term renting, the property must comply with all of the following:

i.

Have been registered with the Town for the payment of Resort Tax and made resort tax payments as of November 10, 2011; and

ii.

Have had Town of Surfside Resort Tax taxable room revenue equal to at least 50 percent of total room revenue over the last two-year period covered by such payments: and

iii.

Have been registered with the State of Florida as a Transient Apartment, Resort Dwelling, or Resort Condominium pursuant to Chapter 509, Florida Statutes, as of November 10, 2011.

(Ord. No. 1573, § 2, 5-10-11; Ord. No. 1600, § 2, 2-12-13; Ord. No. 1620, § 2, 6-10-14)

Editor's note— Ord. No. 1573, adopted May 10, 2011 amended the Code by adding section 90-41.1.5. In order to better conform to the section numbering used in this Code, the editor has renumbered this section as herein set out.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

(Ord. No. 1504, § 2(Exh. A), 5-13-08; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1640, § 2, 12-8-15)

90-44.1 Architectural elements including cupolas, chimneys, flagpoles, spires, steeples, stair accessways, antennas, ventilators, tanks, parapets, trellises, screens and similar not used for human habitation, may be erected to a reasonable and necessary height, consistent with and not to exceed the following limitations:

90-44.2 Mechanical equipment rooms, including elevator shafts, and stair access ways may be allowed to exceed the maximum height limitations, not to exceed the limitations listed above, provided they shall be of a high architectural quality integral to the design of the building. In the H30C and H40 Districts, any element over four feet in height where a minimum four-foot parapet is provided shall be set back 13 feet from the facade wall plane; otherwise they shall be set back a minimum of 22 feet from the facade wall plane.

90-44.3 In the H120 district, on lots or parcels where construction is regulated by the State of Florida Coastal Construction Code, maximum height shall be measured from the established elevation determined by the Florida Department of Environmental Protection for the first floor.

90.44.4 Height variations among architectural elements shall be of no less than five feet in variation.

90.44.5 Buildings with one continuous height shall be prohibited.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 2, 4-12-11; Ord. No. 2016-1642, § 2, 1-12-16)

(a)

Setbacks in H30A and H30B.

(1)

Minimum setbacks.

a.

Front setback: 20 feet.

b.

Interior side: five feet or ten percent of the lot frontage, whichever is greater. For a new home (not an addition to an existing home), seven and a half feet or ten percent of the lot frontage, whichever is greater, where floor area ratio (FAR) does not exceed .54, and nine feet or ten percent of the lot frontage, whichever is greater, where floor area ratio (FAR) does not exceed .60.

c.

Secondary frontage: ten feet.

d.

Rear: 20 feet.

(2)

Setback modifications—Any new, two-story home (not an addition to an existing home) shall be required to have its second habitable story setback a minimum 15 feet from the front façade of the first story and a minimum of five feet from sides and rear facades of the first story for at least 60 percent of the second story and the overall square footage of the second story shall not exceed 65 percent of the actual buildable area of the first story.

(3)

A continuous wall along a consistent plane shall not exceed 30 percent of the lot depth, unless approved by the planning and zoning board.

(b)

Setbacks in the H30C, H40, H120, and SD-B40 zoning districts.

¹ Required setbacks for development undertaken pursuant to chapter 2023-17, Laws of Florida, also known as the "Live Local Act" codified in F.S. § 166.04151, shall be as required for the H120 district for any portion of the structure above the 40 feet maximum height in the SB-B40 district.

(Ord. No. 1504, § 2(Exh. A), 11-10-08; Ord. No. 1514, § 2, 4-14-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 4-12-11; Ord. No. 1615, § 2, 2-11-14; Ord. No. 2016-1642, § 2, 1-12-16; Ord. No. 18-1694, § 2, 12-11-18; Ord. No. 20-1710, § 2, 1-28-20; Ord. No. 23-1752, § 3, 9-12-23; Ord. No. 23-1758A, § 2, 10-10-23; Ord. No. 24-1785, § 2, 10-8-24)

(1)

For all lots aggregated in the H30C, H40 and H120 zoning districts after the effective date of this ordinance [Ord. No. 1572], the maximum permitted density shall be limited to 85 percent of the total density permitted by the Comprehensive Plan when lots are aggregated.

(2)

Two or more lots of record shall be considered one undivided parcel for the purpose of density and/or intensity if there is a recorded unity of title demonstrating single ownership of two or more parcels or have been platted as one lot. However, the underlying land use or zoning shall prevail as to the permitted use on each of the lots.

(3)

Aggregated lots shall be contiguous properties but may be separated by a public right-of-way.

(Ord. No. 1572, § 2, 4-12-11; Ord. No. 23-1736, § 2, 4-18-23)

In determining compliance with the minimum setback requirements established within these regulations, the controlling distance on each lot shall be measured between the applicable lot line and the closest point thereto on any building or structure erected on the lot, and no portion of any roof overhang, chimney, cornice, or other similar architectural feature shall project into any required front, side or rear yard, except as otherwise provided.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-47.1 Every part of a required yard shall be open to the sky, except:

(1)

In any district other than H30A and H30B, ordinary projections of sills, cornices, roof eaves and ornamental features may project not more than 24 inches into any required yard;

(2)

In H30A and H30B districts:

(a)

Ordinary projections of sills, cornices, and ornamental features, exclusive of roof eaves, may project not more than eight inches into any required interior side yard or not more than 12 inches into any required front, secondary frontage, or rear yard and shall not extend in a continuous plane more than 50 percent of the length of any continuous wall, as described in subsection 90-45(a)(4) of this Code, unless approved by the planning and zoning board in the design review process; and

(b)

Roof eaves may project not more than 24 inches into any required yard.

(3)

Any other type of projection into the setback or yard shall require design review approval by the planning and zoning board.

90-47.2 In all districts except SD-B40, moveable awnings may be placed over doors or windows and may project not more than three feet into any required yard, except as provided in subsection 90-49.2.a.8. In the SD-B40 district, awnings and non-permanent canopies may project over the public sidewalk at least seven feet above said sidewalk but shall not be greater than six feet or the width of the sidewalk, whichever is less.

90-47.3. On properties designated H30A or H30B, air conditioning equipment, pool pump, generators or other mechanical equipment may be located at grade, provided such equipment is not in any setback, and is not visible from any street or waterway. All equipment shall be visually screened by an enclosure of sufficient height which adequately hides the equipment from view from all angles (excluding from above) and matches closely to its immediate surroundings in texture, color, and appearance. Additionally, the equipment shall be acoustically screened to reduce noise to no more than 55 dBA when measured from any property line of the subject lot.

a.

All installations of equipment shall comply with the latest adopted versions of the Florida Building Code and the Florida Mechanical Code.

b.

Straight change out of equipment, defined as no change in the size and location of existing equipment, shall be exempt from the visual and sound screening requirements provided for herein.

90-47.4 In the H40 district on lots with less than 75 feet of frontage and east of Harding Avenue in H30C district, unenclosed balconies may extend into a required primary (front) and secondary (corner) setback not more than five feet, and may extend into a required rear and interior side setback not more two and one-half feet.

90-47.5 In all districts except H120 district, open, unenclosed building entrance porches, platforms, stairs or paved terraces, not covered by a roof or canopy, and which do not extend above the level of the grade or entrance floor of the building, may not extend or project into the required setbacks, front or side yard.

90-47.6 In the H120 district, the following projections are permitted.

(1)

Open, unenclosed balconies may project not more than six feet into any setback, except those to the rear of the building which may project to a point 12 feet west of the bulkhead line.

90-47.7 Reserved.

90-47.8 In the H40 and H120 district a cantilevered canopy will be permitted in the required front yard, subject to the following:

(1)

The structure must be completely supported (cantilevered) from the main structure;

(2)

The structure must be transparent in nature with a solid to transparent material ratio of no more than 35 percent solid to 65 percent transparent;

(3)

The structure must not have a frontage of more than 30 feet in width;

(4)

The structure must not extend more than 20 feet into the required front setback; and

(5)

The structures shall not extend into any side setback area.

(Ord. No. 1526, § 2, 6-9-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 2, 4-12-11; Ord. No. 1584, § 2, 1-17-12; Ord. No. 21-1716, § 2, 11-9-21; Ord. No. 22-1724, § 2, 7-12-22; Ord. No. 22-1730, § 2, 9-13-22; Ord. No. 23-1746, § 2, 6-13-23; Ord. No. 24-1785, § 2, 10-8-24)

90-48.1 The minimum width of side setbacks for libraries, places of public assembly, recreational centers and other public, semipublic and civic buildings shall be a minimum of 15 feet.

90-48.2 In all districts other than the H120 districts, the required side setbacks for corner lots adjoining canals or waterway shall be a minimum of ten feet.

90-48.3 In the H30A district, except as provided in section 90-54.1, no building shall be erected within 25 feet of the seawall on Point Lake nor within 50 feet of the sea wall on any other water body including Biscayne Bay, Indian Creek, or on any lots in Blocks 26, 28 and 28A of the Normandy Beach Subdivision, Second Amended.

90-48.4 Where a lot abuts an alley, the depth of the rear yard shall be seven feet.

90-48.5 In the H120 district, when a building or structure exceeds a height of 30 feet, one of the following options for enhanced side setbacks must be met:

(1)

Average side setback. Except for legal nonconforming sides of buildings deemed architecturally significant pursuant to subsection 90-33(3), the required side setback in the H120 district for lots 100 feet or more in width is 20 percent of the lot width. In addition, and in order to encourage variety and innovation in design, buildings shall be subject to an average side setback of an additional five percent applied to side setbacks (25 percent overall). The required average setback for each side shall be calculated and applied to each side elevation overall, as follows:

a.

Multiply the lot width by five percent.

b.

Multiply the resulting figure by the height in feet from crown of road to the top of the structural roof.

c.

Multiply the resulting figure by the depth of the allowable building on that side (lineal feet between front setback and bulkhead line) to arrive at the aggregate volume of average setback.

d.

The aggregate volume of average setback must be applied in any one or multiple areas throughout the height and depth of the building (further reducing the building envelope created by the 20 percent required setbacks) to reduce the floor width (i.e. parallel to the lot width) and/or depth (i.e. perpendicular to the lot width), at the discretion of the design professional. Average setback may be applied at any point along a floor, mixed and matched among floors, and/or joined with setbacks taken from the opposite side elevation.

(2)

Inclined side setback. In lieu of providing the above average side setback in 90-48.5(1) above, the property owner may, at its election, alternatively provide a minimum interior side setback of ten percent of lot frontage for the first 30 feet in height, with the width of each required interior side yard increased by one foot for every three feet of building height above 30 feet. For corner properties, a building shall be set back a minimum of 20 feet from a side or secondary street for its entire height.

90-48.6 New balconies or decks located more than five feet above grade on new or existing detached, single-family homes shall not encroach into any setbacks.

(Ord. No. 1504, § 2(Exh. A), 11-10-08; Ord. No. 1514, § 2, 4-14-09; Ord. No. 1539, § 2, 10-13-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 16-1645, § 2, 2-9-16; Ord. No. 21-1716, § 2, 11-9-21; Ord. No. 23-1735, § 2, 4-18-23; Ord. No. 24-1785, § 2, 10-8-24)

^*  Homes with a maximum height of 22 feet that do not exceed one habitable story may provide up to 50 percent lot coverage. A single-story home exceeding 40 percent lot coverage shall not be altered to provide a second story unless the lot coverage is reduced to a maximum 40 percent.

(Ord. No. 1504, § 2(Exh. A), 11-10-08; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 22-1728, § 2, 9-13-22; Ord. No. 23-1758A, § 2, 10-10-23; Ord. No. 24-1785, § 2, 10-8-24)

The following Design Criteria are applicable to all multi-dwelling and non-residential properties:

a.

All building facades, including those facing alleyways, shall be rendered consistently with the overall architectural treatment of the building.

b.

Pedestrian entrances shall be easily recognizable and oriented towards the public right-of-way.

c.

Divided light window mullions, where provided, shall be through the pane.

d.

Exterior burglar bars, fixed "shutters" or similar security devices shall be prohibited.

e.

Window and storefront articulations shall utilize similar proportions as those within the surrounding context and shall be primarily oriented towards the public right-of-way.

f.

Multiple storefronts within a larger building shall have consistent materials and articulation and shall relate to the detailing of the entire building.

g.

The bottom edge of windows shall be no less than 24 inches above the fronting finished sidewalk elevation.

h.

For non-residential uses, the first vertical ten feet of building elevation shall be composed of 50 percent minimum transparency for street-facing building facades and walls. The bottom of transparent openings shall be no higher than 24 inches above the public right-of-way. Display windows used to satisfy these requirements shall have a minimum vertical dimension of four feet and shall be internally illuminated.

i.

Mirrored, reflective and opaque tinted glass shall be prohibited.

j.

External street-level entrances shall be recessed and centered a minimum of 36 inches from the building frontage.

(Ord. No. 1572, § 2, 4-12-11)

The following Design Criteria are applicable to all multi-dwelling and non-residential properties. All new and replacement awnings and canopies shall meet these requirements.

a.

Location/placement.

1.

Awnings and canopies shall have consistent height and depth subject to the size of the wall opening which, the awning or canopy is affixed.

2.

Awnings and canopies shall remain consistent with architectural details and proportions harmonious with the overall building design and historic context.

3.

Awnings and canopies shall be consistent on multiple storefronts within a larger building.

4.

After 25 feet in length, an awning or canopy shall have either a break of a minimum of six inches or articulation of the awning or canopy.

5.

Awnings shall be attached to the building facades and shall not be supported by vertical elements within the right-of-way.

6.

Awnings shall have a pedestrian scale and be placed so as to provide weather protection.

7.

Awnings shall be an enhancement to the building facade and shall be proportional with and complimentary to nearby buildings and awnings.

8.

Awnings shall be mounted in locations that respect the design of the building and do not obscure ornamental features over storefronts (i.e. rooflines. arches, materials, banding).

9.

Awnings shall project a minimum of three feet and a maximum six feet over the sidewalk, not to exceed the width of the sidewalk.

b.

Appearance.

1.

Awnings shall be fabric or metal. Plastic and vinyl awnings are prohibited, except for First Grade vinyl awnings, subject to design review approval by the planning and zoning board.

2.

Awnings shall be solid colors rather than patterned.

3.

If an awning valance is proposed, it shall be straight rather than curved, except for special architectural elements to be compatible with historic building styles.

4.

Awning colors shall enhance and complement the building and adjacent awnings, rather than overwhelm the building scheme. Colors shall not call more attention to the awning than the building.

5.

Lighting associated with awnings and canopies shall be prohibited, except lighting approved by the planning and zoning board which is attached underneath the awning and intended to provide pedestrian lighting.

6.

Signage, graphics and lettering shall be prohibited on canopies and awnings.

c.

Construction and maintenance.

1.

Awnings shall be mold and UV-resistant.

2.

The awning frame structure shall be finished to match the metal storefront system color or the awning fabric color. The structure shall also be compatible with the window system of the building in terms of placement and materials.

3.

Awnings shall have between a 30 and 50 degree angle, taking into consideration the height of the storefront and wind load requirements.

4.

Awnings shall not be torn, frayed, ripped, faded, or stained, soiled or dirty. When not specifically addressed by this ordinance, provisions of the town's property maintenance code shall apply.

5.

Maintenance, repair, replacement, and/or removal. All awnings and canopies shall be maintained and kept in good order and repair. Awnings and canopies which are found, upon inspection, to be in disrepair shall be subject to removal and/or replacement in accordance with the commercial standards established in section 14-52 of the Code of Ordinances.

d.

Enforcement.

1.

Code enforcement and/or the building department shall be responsible for the enforcement of these provisions. Any person or entity violating these provisions shall be subject to fines as set forth in the schedule of fines adopted by resolution and punishable as provided in section 1-8 and all other applicable sections of the Code of the Town of Surfside.

(Ord. No. 1572, § 2, 4-12-11; Ord. No. 1584, § 2, 1-17-12; Ord. No. 1620, § 2, 6-10-14; Ord. No. 18-1689, § 2, 9-12-18)

The following Design Criteria are applicable to all multi-dwelling and non-residential properties.

a.

The surface shall be stucco, stone, metal, glass block and accent wood. Materials vernacular or characteristic to other regions including but not limited to flagstone and adobe shall be prohibited.

b.

Materials shall be true and genuine, rather than simulated. Multiple storefronts within a larger building shall have consistent material qualities and articulation.

(Ord. No. 1572, § 2, 4-12-11)

The following requirements apply to all structured parking garages.

a.

Overall form.

(1)

For every 50 feet of a building wall in any direction, there shall be a three-foot minimum change in wall plane; and

(2)

For every 100 feet of a building wall parallel to the public right of way, there shall be a minimum ten-foot wide and minimum three-foot deep separation of wall plane; and

(3)

Facade treatments fronting a public right-of-way shall provide architectural treatments consistent with and compatible to those across the public right-of-way or abutting properties and consistent with immediate buildings.

(4)

For the first ten feet of height along all blank walls, a minimum of 80 percent landscape coverage, such as a vine or hedges, shall be installed and maintained.

(5)

For facades above the first ten feet, a minimum of 50 percent landscape coverage, such as vines or planters, shall be installed and maintained.

(6)

All vegetative coverage shall be maintained and watered appropriately to sustain health and coverage indefinitely without adverse impact to the structure.

(7)

Service areas and mechanical equipment associated with a primary use are permitted.

b.

Ground floor level facade.

(1)

Facades shall not provide wall openings greater than eight feet in any direction, except for ingress and egress purposes. All wall openings, except for ingress and egress purposes, shall be separated by a minimum five-foot wide wall.

(Ord. No. 1572, § 2, 4-12-11)

A nonhabitable understory is only permitted in H30A, H30B, H30C and H40 districts subject to the following restrictions:

(a)

Generally. A nonhabitable understory may consist of enclosed and unenclosed spaces, but all enclosed elements must conform to subsection 42-11(c)(3), the Florida Building Code and this section. All enclosed space below design flood elevation shall used solely for parking of vehicles, building access and storage and shall be constructed and hydrostatically vented per Federal Emergency Management Agency National Flood Insurance Program rules and regulations, the Florida Building Code and the Town of Surfside Floodplain Management Ordinance.

(b)

In the H30A and H30B Districts, the cumulative area of all enclosed space shall not exceed ten percent of the lot area. Pervious area equal to at least 20 percent of the lot area shall be provided within the nonhabitable understory, although such pervious area shall not be counted for the purpose of meeting pervious area requirements.

(c)

In the H30C and H40 districts, the cumulative area of all enclosed space shall not exceed 90 percent of the footprint of the building's first habitable floor. The exterior design of enclosed portions of the nonhabitable understory shall be compatible with, but also distinguishable from the stories above.

(Ord. No. 22-1722, § 2, 6-14-22)

1.

Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official.

2.

In addition to the requirements set forth at section 14-28, a demolition permit for the total demolition of any detached, single-family home, duplex, dwelling or townhouse shall not be issued unless all of the following criteria are satisfied:

a)

Obtain a building permit process number for new construction from the building department.

b)

The building permit application and all required plans for the new construction or proposed improvements to a lot shall be reviewed and approved by the planning department, building department and/or planning and zoning board, as applicable.

c)

All applicable fees for the new construction or proposed improvements to a lot shall be paid, including, but not limited to building permit fees.

d)

A tree survey, if required, shall be submitted and a replacement plan, if required, shall be reviewed and approved by the planning department and/or planning and zoning board, as applicable.

3.

Penalties and enforcement. For a violation of the foregoing, each day of noncompliance shall constitute a separate offense. The code compliance department is empowered and authorized to require compliance with this section within 30 days of written notice to violators.

4.

The following civil fines shall be imposed for a violation of this section:

a)

First violation within a 12-month period: $2,500.00.

b)

Second violation within a 12-month period: $5,000.00.

c)

Third violation within a 12-month period: $7,500.00.

d)

Fourth or subsequent violation within a 12-month period: $10,000.00.

5.

Enforcement of subsection 90-49.6(2). The code compliance department shall enforce subsection 90-49.6(2). The notice of violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within 20 days after service of the notice of violation, and that the failure to appeal the violation within 20 days of service shall constitute an admission of the violation and a waiver of the right to a hearing.

6.

Rights of violators of section 90-49.6; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special master.

a)

A violator who has been served with a notice of violation must elect to either:

i.

Pay the civil fine in the manner indicated on the notice of violation: or

ii.

Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within 20 days of the service of the notice of violation.

b)

The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in chapter 15, article I, of this Code.

c)

Applications for hearings shall be accompanied by the applicable fee, as approved by resolution of the town commission, which shall be refunded if the named violator prevails in the appeal.

d)

Failure to pay the civil fine, or to timely request an administrative hearing before a special master, shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.

e)

A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. Three months following the recording of such lien which remains unpaid, the town may foreclose or otherwise execute upon the lien, for the amount of the lien plus accrued interest.

f)

The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within 20 days of the service of the notice of violation.

g)

The special master shall not have discretion to alter the penalties prescribed in this section.

h)

Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction.

(Ord. No. 25-1790, § 2, 1-14-25)