90-50.1 Architecture.

(1)

Elevation and facade articulation variations.

a.

The architectural design of proposed main buildings shall create a unique elevation compared to the main buildings of the adjacent two buildings on each side of the subject property on the same side of street. If the adjacent lot is vacant then the next adjacent lot shall be utilized. A unique elevation shall be created through the modulation of at least three of the following architectural features:

1.

Length, width and massing of the structure;

2.

Number of stories;

3.

Facade materials;

4.

Porches and other similar articulation of the front facade;

5.

Number and location of doors and windows; and

6.

Roof style and pitch.

(2)

In the H30C, H40 and H120 districts: when more than one building is provided, buildings shall be designed in such a way that they are not monotonous.

(3)

All elevations for new structures and multi-story additions (additions greater than 15 feet in height) shall provide for a minimum of ten-percent wall openings including windows, doors or transitional spaces defined by porches, porticoes or colonnades per story.

(4)

All elevations for single story additions to existing structures shall result in a zero percent net loss of wall openings including windows, doors or transitional spaces defined by porches, porticoes or colonnades.

(5)

Roof materials are limited as follows:

a.

Clay tile; or

b.

White concrete tile; or

c.

Solid color cement tile which color is impregnated with the same color intensity throughout, provided said color is granted design review approval by the planning and zoning board;

d.

Architecturally embellished metal; or

e.

Other Florida Building Code approved roof material(s) if granted design review approval by the planning and zoning board.

f.

Re-roofing or replacement of the roof with the same or existing material shall be allowed and shall not require design review approval by the planning and zoning board. All new single-family homes or additions to existing homes shall comply with the permitted or required roofing materials and all applicable sections of the Florida Building Code(s).

(6)

Garage facades. Attached garages located at the front of a single family home shall not exceed 50 percent of the overall length of the facade.

(7)

Converting single-family attached garages. When an attached garage is converted for any other use, the garage door or doors may be replaced by a solid exterior wall and access to the former garage area must be provided from the main premises, in addition to any other permitted access. At least one window shall be provided. The window or windows shall have the upper lintel beam level with the existing windows on the same face of the home. New windows shall be in the same style and similar in proportions as the existing windows to provide a consistent look to the façade. If the garage entrance is located at the front or primary corner of the property, landscaping shall be provided along the base of the new exterior wall. When the installation of landscaping results in insufficient off-street parking, a landscaped planter shall be permitted in lieu of the required landscaping. It is intended hereby to prohibit and prevent any violation of the single-family classification and to minimize the burden upon the administrative forces of the town in policing and enforcing the provisions hereof. Changes to the appearance of the residence shall not constitute a change prohibited by the "home office" provision of this Code. If the exterior door of the garage conversion is no longer level with grade, stairs may be installed, and the exterior door must be accordingly corrected to comply with the Florida Building Code. The stairs shall be permitted to encroach no more than 24 inches into the side or rear setbacks. The converted garage shall meet all requirements of the Florida Building Code, including finished floor elevation.

(8)

Notwithstanding the foregoing, some of the architecture provisions in this section, while specific to zoning districts H30A and H30B, may also be applicable to single family homes in other zoning districts.

(9)

Paint colors. Structures in the H30A and H30B zoning districts shall be permitted to be painted the four lightest colors for the structure's primary color on the color swatch on file in the building department. All other colors may be accent colors. A paint swatch shall be submitted to the building department for approval by the town manager or designee. The planning and zoning board shall make a design determination in cases of uncertainty.

90-50.2 Rooftop height provisions.

(1)

Roof decks shall be permitted in all zoning districts subject to section 90-44 and this section.

(2)

For properties designated H30A and H30B, roof decks area limited as follows:

a.

Exterior and interior stairs shall be permitted, provided that exterior stairs shall not be visible from any public street.

b.

No extension of stairs shall be permitted over the 30-foot height limitation of the building, except for handrails and/or quadrails required by the Florida Building Code.

c.

Roof decks shall provide ten-foot setbacks on the sides and rear of the building.

(3)

For properties designated H30C, H40, H120, SD-B40 and MU, roof decks are limited to:

a.

A maximum of seventy (70) percent of the aggregate roof area;

b.

Shall not exceed the maximum roof height required by any abutting property's zoning designation;

c.

Safety guard railing shall be setback from the roofline at least ten feet on all sides to provide for minimal visibility of roof decks from any public way, except on properties designated SD-B40; and

d.

All roof decks added to existing buildings shall be inspected by a registered structural engineer and registered architect, who shall provide engineered plans for review and approval by the building official addressing the following requirements:

i.

The proposed methodology to protect and/or replace the existing roof elements for the new use;

ii.

A structural analysis of the underlying structure's capability to support the additional live and dead loads of the new roof deck;

iii.

Reserved;

iv.

Location of plumbing and mechanical vent stacks, fans and other appurtenances to comply with the Florida Building Code(s);

v.

Accessibility and egress design compliance with the Florida Building Code and the Florida Fire Prevention Code;

vi.

Any additional occupancy and/or accessory use requirements of the Florida Building Code(s); and

vii.

All other applicable requirements in the Florida Building Code.

(4)

Air conditioning and mechanical equipment on the roof shall comply with the provisions of section 90-67.3.

a.

Screening shall not exceed the height of the equipment being screened.

(5)

Railings and quadrails, at a height required by the Florida Building Code, for roof deck or mechanical access, shall be permitted provided they adhere to the roof deck setback requirements in H30A and H30B, except for railings and guardrails associated with permitted stairs and path from roof perimeter to roof deck.

(6)

Rooftop photovoltaics shall comply with the provisions of section 90-50.3.

(7)

Any other rooftop elements that are related to building or mechanical functions must adhere to the height limitations set forth in section 90-44, except where the Florida Building Code requires a different requirement, and shall not be limited in size to a specific percentage of the roof area.

(Ord. No. 1514, § 2, 4-14-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1605, § 2, 8-13-13; Ord. No. 1614, § 2, 2-11-14; Ord. No. 1627, § 2, 12-9-14; Ord. No. 1629, § 2, 2-10-15; Ord. No. 1637, § 2, 8-11-15; Ord. No. 1638, § 2, 10-3-15; Ord. No. 2016-1642, § 2, 1-12-16; Ord. No. 18-1689, § 2, 9-12-18; Ord. No. 23-1742, § 2, 5-9-23; Ord. No. 23-1744, § 2, 6-13-23; Ord. No. 24-1771, § 3, 3-12-24)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning, or as may be amended from time to time.

Construction means any project associated with the creation, development, or erection of any structure required to comply with this section.

Enhanced storm water quality and quantity improvements means projects that augment water quality and quantity by: reducing polluted runoff, advancing groundwater recharge, soil infiltration and erosion control, and restoring habitat.

Environmental monitoring means periodic or continuous surveillance or testing to determine the level of compliance required by the Environmental Protection Agency (EPA), Florida Department of Environmental Protection (DEP), or Miami-Dade County Department of Regulatory and Environmental Resources (RER) and/or pollutant levels in various media (air, soil, water) or biota, as well as to derive knowledge from this process. Examples of environmental monitoring include but are not limited to: water quality sampling and monitoring; groundwater testing and monitoring; and habitat monitoring.

Environmental remediation means clean-up of, or mitigation for, air, soil or water contamination for which the town is legally responsible for environmental clean-up or mitigation.

Environmental restoration means the return of an ecosystem to a close approximation of its condition prior to disturbance.

Green infrastructure means both the natural environment and engineered systems to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. Green infrastructure uses vegetation, soils, and natural processes to manage natural resources and create healthier urban environments. Examples of green infrastructure practices include, but are not limited to: right-of-way bio-swales, green roofs, blue roofs, rain gardens, permeable pavements, infiltration planters, trees and tree boxes, rainwater harvesting systems.

Green building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems and materials.

Green building certification agency means the United States Green Building Code (USGBC) or the International Living Future Institute, as may be selected by the eligible participants.

International Living Future Institute means a non-profit organization that created an international sustainable building certification program called The Living Building Challenge. Certification types include Living Building Certification, Petals Certification, and Net Zero Energy Building Certification.

LEED means the most recent effective edition of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System for Building Design and Construction or Homes, as applicable, of the United States Green Building Council (USGBC).

Green Building Initiative Green Globes Certification (GBIGGC) is a science-based, three-in-one whole building certification system that evaluates the environmental sustainability, health and wellness, as well as resilience of all types of commercial real estate.

Project means any construction associated with the creation, development or erection of any building required to comply with this chapter.

Scorecard means a guide provided by the green building certification agency to assist in determining the total project score and achievable credits and level of certification at the inception of a green building, as provided under this chapter.

USGBC means the United States Green Building Council.

(b)

Intent and purpose. The purpose of this section shall be to promote sustainable development within the town by supporting resilient design and construction practices. The town's intent is to establish a certification compliance schedule that incentivizes all qualifying projects to attain at a minimum LEED Gold certification, or similar green building program recognized herein. Sustainable building practices will promote the economic and environmental health of the town and ensure that the town continues to become environmentally resilient to combat sea level rise and help curb climate change.

This section is designed to achieve the following objectives: increase energy efficiency in buildings; encourage water and resource conservation; reduce waste generated by construction projects; reduce long-term building operating and maintenance costs; improve indoor air quality and occupant health; contribute to meeting state and local commitments to reduce greenhouse gas production and emissions; and encourage sound urban planning principles.

(c)

Green building requirements. Mandatory compliance with these requirements shall be required for all applicants with building permit applications that meet the following criteria (hereinafter "eligible participants"): all new construction; or additions/alterations (whether attached or detached) to existing structures that encompass over 2,000 square feet of additional floor area, shall build at a minimum to a LEED or equivalent standard.

(d)

Standards. This section shall be administered using standards developed for and standards developed by the United States Green Building Council (USGBC) or the International Living Future Institute or GBIGGC. All eligible participants who are certified as having satisfied all of the requirements of the green building certification agency, including but not limited to any monetary or certification requirements, are eligible for a partial or full refund of the sustainability fee identified herein—sustainability fee calculation (following this subsection) based upon the level of compliance with these regulations.

(e)

Sustainability fee program. A sustainability fee shall be assessed for all eligible participants. The calculation of the fee, provisions for refunding all or portions of the fee, its purpose, and eligible uses are detailed below.

(f)

Sustainability fee calculation. In order to obtain a building permit temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, the eligible participant must first post a sustainability fee payment bond or issue full payment of the sustainability fee to the town. The sustainability fee shall be valued at five percent of the total construction valuation of the building permit. However, the eligible participant may be entitled to a refund or partial refund, of the bond, or payment of the sustainability fee, based upon achieving the program certification levels in the compliance schedule below:

Certification Compliance Schedule

If the proof of green building certification is provided prior to the obtaining a TCO, CO, or CC, the "sustainability fee" shall be in the full amount identified above, minus the refund for the level of green building certification achieved identified in the certification compliance schedule.

The sustainability fee shall be valuated upon the eligible participant's submittal at time of application for building permit temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, upon review by the planning department during zoning review of the permit certificate. The sustainability fee bond or full payment shall be provided by participant prior to obtaining a temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first.

Refund of the sustainability fee or bond to the eligible participant may occur as provided for above, provided the eligible participant complies with the certification compliance schedule within the timeframe identified herein.

The entirety of the sustainability fee shall be forfeited to the town based upon participant's failure to achieve the applicable green building certification levels identified above and within the timeframe identified herein.

(g)

Review procedures.

(1)

Prior to obtaining a building permit, the qualifying projects shall post a bond with the town, or in the alternative, provide a payment to the town, in the amount of the "sustainability fee" identified above.

(2)

Within one year from the receipt of a TCO, CO or CC, whichever occurs first, the owner shall submit proof of green building certification for the development from the green building certification agency.

(3)

The bond or payment provided, or percentage thereof, shall be refunded to program participants that have achieved a level of green building certification identified in the certification compliance schedule above.

(4)

The town manager may approve, upon the request of the eligible participant, a one-time, six-month to one-year extension, provided proof that the green building certification agency's review remains pending to determine final certification.

(5)

All building inspections requested for green building projects shall be given priority over projects that are not green building projects.

(h)

Deposit of funds; account. The town hereby establishes a sustainability and resiliency fund. The revenue generated through the sustainability fee program shall be deposited in the sustainability and resiliency fund.

(1)

Interest earned under the account shall be used solely for the purposes specified for funds of such account.

(2)

Sustainability fees deposited and credited to the sustainability and resiliency fund account, and credited to the eligible participant shall be identified within the town's sustainability and resiliency fund.

(3)

Appropriation of deposited funds in the sustainability and resiliency fund shall not be permitted until the applicable refund period established herein for those funds has lapsed.

(4)

Should the eligible participant provide a bond, rather than pay the sustainability fee, then the town shall safeguard the bond to ensure compliance with this regulation. The town shall return the bond or make a claim for a portion of the bond, depending on the eligible participant's compliance with this section.

Earned fees in the sustainability and resiliency fund shall be utilized to provide public improvements that increase the sustainability and resiliency of the town. Expenditures from these funds shall require prior town commission approval. Prior to any expenditure, the town manager shall provide a recommendation to the town commission.

Such improvements that increase the resiliency of the town, including environmental restoration projects; environmental remediation projects; environmental monitoring; green infrastructure; enhanced storm water quality and quantity improvements; and/or sustainability planning efforts.

(i)

Review. A progress report shall be presented to the town commission within 15 months of the effective date of the ordinance codified in this section to review the success of the regulations contained within. The review shall at a minimum address the following:

(1)

The effectiveness of the sustainability requirements to reduce demand for energy and greenhouse gas emissions in the town.

(2)

The effectiveness of the sustainability fee at encouraging sustainable development.

(3)

The effectiveness of review procedures.

(j)

Applicability. This section shall not apply to developments with a building permit issued by the town, after the payment of applicable fees due to the town, prior to the effective date of the ordinance codified in this section. This section shall supersede Town Resolutions 2020-2684 and any resiliency reserve resulting from same shall be applied to the sustainability and resiliency fund created by this section.

(Ord. No. 24-1788, § 2, 12-10-24)

(1)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems.

(2)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(3)

Height. The height of rooftop photovoltaic solar systems shall not be greater than five feet above the roof and shall not exceed the town's maximum height limitation described in section 90-44.1.

(4)

Tree removal. Any removal of trees shall require a tree removal permit from Miami-Dade County.

(5)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. No. 1623, § 2, 7-8-14)

90-51.1 Continuous wall frontages shall not exceed 150 feet in the H120 district. Continuous wall frontages in the H40 and H30C district shall be articulated as follows:

(1)

Continuous wall frontages in the H120 district shall not exceed 150 feet in length.

(2)

Continuous wall frontages in the H30C zoning district shall not exceed 90 feet in length subject to the following:

a.

There shall be a minimum building separation of 12 feet between buildings on the same property.

b.

The building facades facing each side of the separation area shall provide a minimum of ten percent wall openings per façade and a minimum two-foot area for plantings along each façade.

c.

Buildings may have a one-story (15 feet in height or less) connecting floor or breezeway provided such connection is set back a minimum of:

1.

15 feet from the front building line if located on the ground floor;

2.

25 feet from the front building line if located on the second floor; or

3.

35 feet from the front building line if located on the third floor.

(3)

Continuous wall frontages in the H40 zoning district shall not exceed 150 feet in length, subject to the following:

a.

There shall be a minimum building separation of 17 feet between buildings on the same property.

b.

The building facades facing each side of the separation area shall provide a minimum of ten percent wall openings per façade and a minimum two-foot area for plantings along each façade.

c.

Buildings may have a one-story (15 feet in height or less) connecting floor or breezeway provided such connection is set back a minimum of:

1.

15 feet from the front building line if located on the ground floor;

2.

25 feet from the front building line if located on the second floor; or

3.

35 feet from the front building line if located on the third floor.

d.

This subsection (3) shall not be applicable to hotels in the H40 zoning district south of 93rd Street, which shall be governed by subsection (8) below.

(4)

In the event property is developed with more than 150 linear feet of lot frontage facing Harding Avenue and an equal or greater lot frontage facing Collins Avenue, no wall frontage facing Harding Avenue or Collins Avenue shall exceed 150 feet in length, subject to the following:

a.

There shall be a minimum building separation of 17 feet between buildings on the same property and the building separation shall run from Harding Avenue directly through to Collins Avenue.

b.

The building facades facing each side of the separation area shall provide a minimum of ten percent wall openings per façade and a minimum two-foot area for plantings along each façade.

c.

Buildings may have a one-story (15 feet in height or less) connecting floor or breezeway provided such connection is set back a minimum of:

1.

15 feet from the front building line if located on the ground floor;

2.

25 feet from the front building line if located on the second floor; or

3.

35 feet from the front building line if located on the third floor.

(5)

In lieu of providing all building separations required in the H30C and H40 districts, a building may provide one or more building separation equivalency areas as follows:

a.

The total sum of the provided building separation equivalency areas shall not be less than the sum of the total building separation areas that would be required if the separations required in subsections (2), (3), or (4) above, as applicable, were instituted.

b.

Building separation equivalency areas shall be no more than 250 feet apart.

c.

Any building separation for a property with more than 150 linear feet of lot frontage on both Harding Avenue and Collins Avenue shall run from Harding Avenue directly through to Collins Avenue.

d.

The building facades facing each side of the separation area shall provide a minimum of ten percent wall openings per façade and a minimum four-foot area for plantings along each façade.

e.

Buildings may have a one-story (15 feet in height or less) connecting floor or breezeway provided such connection is set back a minimum of:

1.

15 feet from the front building line if located on the ground floor;

2.

25 feet from the front building line if located on the second floor; or

3.

35 feet from the front building line if located on the third floor.

(6)

Structured parking garages: see section 90-49.4.

(7)

Buildings within a district designated as a historic district per the county shall be excluded from these requirements, subject to review and approval by the planning and zoning board and the town commission.

(8)

Continuous wall frontage along Collins and Harding Avenues for hotels in the H40 zoning district south of 93rd Street shall not exceed 150 feet in length.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 2, 4-12-11; Ord. No. 1597, § 2, 1-15-13; Ord. No. 1625A, § 2, 9-9-14; Ord. No. 2016-1642, § 2, 1-12-16; Ord. No. 2016-1644, § 2, 1-12-16; Ord. No. 18-1682, § 2, 5-8-18; Ord. No. 19-1705, § 3, 11-12-19)

Editor's note— Ord. No. 2016-1642, § 2, adopted January 12, 2016, amended § 90-51 to read as set out herein. Previously § 90-51 was titled "Maximum frontage of buildings."

As an aid to free and safe movement of vehicles at and near street intersections and in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and for property, there shall be limitations on the height of fences, walls, gateways, ornamental structures, signs, hedges, shrubbery, and other fixtures, construction, and planting on corner lots in all districts where front yards are required as follows:

(a)

All corner properties shall provide and maintain unobstructed corner clearance areas along both the front and side lot lines; and

(b)

All objects, fences, walls, gateways, ornamental structures, signs, hedges, shrubbery, and other fixtures, construction, and planting within any corner clearance areas shall provide unobstructed cross-visibility at a level between 30 inches and eight feet, with the exception of tree trunks that do not create a traffic hazard; and

(c)

The property owner shall be responsible for maintaining all landscaping within the corner clearance areas; and

(d)

It shall be unlawful for any person to plant or cause to be planted any tree or shrubs or to place any structure in the public right-of-way without a permit from the town manager or designee. The elevation grades of the public right-of-way adjacent to private property shall not be altered; and

(e)

Only turf as defined in section 90-85.2 of the Code shall be located within the public-right-of-way between the edge of any roadway or curb and the private property line; and

(f)

The placement of mulch within the public right-of-way is prohibited; and

(g)

The town manager or designee shall make the final determination regarding unobstructed corner clearance areas.

(h)

If any property owner fails to maintain clearances and conditions required by this section, the town shall take action pursuant to chapter 15, article I, code enforcement provided that should a property owner fail to remedy the violation within the timeframe provided by the notice of violation or the violation creates an immediate threat to the operation of any utilities or the life safety and welfare, the town may take action and assess costs pursuant to article III, property maintenance standards of chapter 14.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1626, § 2, 11-18-14; Ord. No. 18-1680, § 3, 4-10-18)

90-53.1 There shall be no more than one portable storage unit allowed per site.

90-53.2 The portable storage unit shall be no larger than 130 square feet in area and no higher than nine feet in height.

90-53.3 Placement: Portable storage units shall be permitted in all zoning districts and are subject to the following restrictions:

(1)

In H30A and H30B districts: Portable storage units shall generally be placed only in a driveway.

(2)

In H40 and H120 districts: Portable storage units shall be placed only in the rear or side portion of a site. Portable storage units shall not be placed in an area fronting Collins Avenue or Harding Avenue or in the front of an establishment. The placement of portable storage units in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited.

90-53.4 Duration of portable storage units shall be limited to the following:

(1)

In H30A, H30B, and H30C districts: Portable storage units shall not remain at a site in excess of 30 consecutive days and portable storage units shall not be placed at any one site in excess of 60 days in any calendar year.

(2)

In H40 and H120 districts: Portable storage units shall not remain at a site in excess of 14 consecutive days, and portable storage units shall not be placed at any one site in excess of 60 days in any calendar year.

90-53.5 A portable storage unit shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit.

90-53.6 The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deteriorating, weathering, discoloration, rust, ripping, tearing or other holes or breaks.

90-53.7 Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a hurricane warning by a recognized government agency. If the town manager or designee determines that an emergency, other than a hurricane warning by a recognized government agency, provides sufficient cause to exceed the time limitations which would otherwise apply, the town manager or designee may permit a portable storage unit to remain at a site for a period in excess of such time limitations.

90-53.8 An application is required prior to the placement of a portable storage unit at any site. The application shall be filed with the town manager or designee and shall include the following where applicable; the address and the use or occupancy of the site; the estimated delivery date and duration of placement; the name and contact information of the portable storage unit owner; additional information as may reasonably required by the town manager or designee.

(Ord. No. 1528, § 2, 7-15-09; Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-54.1 Any accessory buildings not connected to the main building, except by a breezeway, may be constructed in a rear yard, subject to the following provisions:

(a)

The maximum height shall be 12 feet.

(b)

The maximum aggregated area shall be 250 square feet, which shall be included and counted for purposes of floor area ratio limitations, as set forth at section 90-49 of this Code.

(c)

For H30B lots, the accessory building shall provide a minimum rear setback of five feet and shall conform to all other setbacks applicable to the property.

(d)

For H30A properties on Point Lake, an accessory building may be constructed no closer than ten feet from the seawall, and shall otherwise conform to the setback set forth in section 90-48.3. For H30A properties on any other water body, an accessory building may be constructed no closer than 15 feet from the seawall, and shall otherwise conform to the setback set forth in section 90-48.3. Accessory buildings and structures shall be limited by this section and the allowable lot coverage and floor area ratio (FAR).

90-54.2 Accessory swimming pools and decks, open and unenclosed, or covered by a screen enclosure, may occupy a required rear, front, or side setback, subject to the following minimum setbacks:

(a)

Rear: Five feet.

(b)

Interior side: Five feet.

(c)

Primary (front) and secondary (Corner): Ten feet.

90-54.3 An open, uncovered porch, patio, or terrace may occupy a required rear or interior side setback, subject to the following minimum setbacks:

(a)

Rear: Five feet.

(b)

Interior side: Five feet.

(c)

Primary (front) and secondary (corner): Ten feet.

90-54.4 Tents and canvas cabanas for temporary shelter and not used for overnight sleeping or containing cooking facilities shall be considered as accessory buildings and subject to the same regulations as other accessory buildings.

90-54.5 A detached garage shall not be remodeled and used as a part of the main building.

90-54.6 An attached garage may not be remodeled and used as a part of the main building unless all required off-street parking spaces are provided elsewhere on the lot.

90-54.7 A tool shed, the area of which does not exceed 70 square feet, shall be permitted in a rear yard, subject to the following minimum setbacks. If the shed is visible from an adjacent right-of-way, landscaping shall be provided within the property in an effort to conceal the shed from the right-of-way.

(a)

Rear: Five feet.

(b)

Side and secondary frontage (corner): Per zoning designation.

90-54.8 All accessory buildings and structures, swimming pools, and accompanying fences and landscaping, located in the front yard setback shall be subject to review by the planning and zoning board.

90-54.9 All accessory buildings and structures, swimming pools, and accompanying fences shall meet all applicable requirements of the Florida Building Code.

90-54.10 No accessory building shall be constructed upon a lot until the construction of a main building has been actually completed, except where construction of main and accessory buildings is concurrent. No accessory building shall be used unless the main building on the lot is also being in use.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1650, § 3, 8-10-16; Ord. No. 18-1689, § 2, 9-12-18; Ord. No. 23-1735, § 2, 4-18-23; Ord. No. 24-1785, § 2, 10-8-24)

90-55.1 Non-habitable structures, including but not limited to cabanas, pergolas, gazeboes and trellises shall have a maximum height of 12 feet.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-56.1.A. A fence or ornamental, non-concrete wall not more than four feet in height, as measured from adjusted grade or 30 inches above grade or future adjusted grade, whichever is greater, may project into or enclose an interior side or rear yard only, as approved by the planning and zoning board during design review process for new homes.

90-56.1.B. Retaining wall standards; new single-family homes. A retaining wall constructed to maintain site elevation in connection with new construction of a single-family home shall comply with section 34-43 of this Code and may be installed only on interior side and rear property lines, and in no event in the front yard.

90-56.1.C. Construction fencing. Temporary construction fences are required by this ordinance unless otherwise determined by the Building Official. A construction fence permit shall be obtained from the Building Department prior to the fence being erected. Each fence constructed or maintained shall be constructed and anchored in accordance with the Florida Building Code.

(a)

Permit required. A permit application and a current survey of the site.

(b)

Permitted fence. Construction fences shall be designed in such a manner as to have all exposed materials finished, coated, covered or cladded in or with materials such as paint, windscreens, canvases or similar materials, subject to the approval of the town manager or designee.

(1)

The permitted construction fence shall be installed immediately upon removal of the temporary demolition fence. At no time shall the parcel remain without a protective barrier.

(c)

Any person or entity found to be in violation of this subsection shall be subject to fines as set forth in the schedule of fines adopted by resolution.

(d)

A temporary construction fence (as defined herein) shall be installed on the front, side, and rear property lines.

(e)

Permitted height. All construction fences shall be at least six feet high and no higher than eight feet.

(f)

Locked. The fence shall be kept locked when the property is unoccupied.

(g)

Prohibited fences.

(1)

The following fences are not permitted, except as otherwise provided in the Code herein below:

a.

Chain-link fences, unless:,

1.

Chain-link fences with canvas (or similar material) backing or meshing may be permitted to be utilized as a temporary construction fence for a period of no longer than 18 months, provided they are neatly designed and maintained as approved by the building and zoning departments.

b.

Barbed-wire fences.

c.

Fences made of canvas material.

d.

Any fences that fail to meet the requirement of the Florida Building Code.

(h)

Setbacks from property line on Harding Ave and Collins Ave. A temporary fence installed on the front of the property shall be situated six feet from the property line on Harding Avenue and Collins Avenue, unless specifically waived by the town manager. The setback area between the temporary fence and the property line shall contain a continuous extensively landscaped buffer which must be maintained in good healthy condition by the property owner. No temporary construction permit shall be issued unless a landscape plan is approved by the town for the buffer. failure to maintain the landscaping will result in the town taking action to replace same and lien the property for the costs of landscaping.

(i)

Expiration of permit. A temporary construction fence permit issued under this chapter shall expire at the completion of construction at which time the temporary fence shall be removed in accordance with the terms of the Florida Building Code.

(j)

Murals and graphics. Graphics and murals on temporary construction fencing are prohibited unless approved by the town manager for aesthetic enhancement of the fence and advertisement of the project to be constructed.

(k)

Fees. The town manager or designee may impose fees as he/she may determine appropriate for the use of construction fences for advertisement purposes in accordance with the schedule promulgated by the building official.

(l)

Access gates. All temporary construction fences shall contain access gates with a minimum clear opening width of 12 feet. Access gates must be provided at the front and rear of the enclosure. Gates must be kept unlocked during inspection hours.

(m)

Temporary construction signs. Construction, erection, and maintenance of temporary construction signs shall be governed by Town of Surfside Sign Code.

(n)

Appeals. Any decision made by the town manager or designee regarding graphics, advertisement, and murals on a temporary construction fence may be appealed to the town commission.

(o)

Enforcement and penalties. The code compliance division and building departments shall be responsible for the enforcement of the provisions of this section. Any person or entity found to be in violation of this section shall be subject to fines as set forth in the schedule of fines adopted by resolution.

90-56.2 A fence or ornamental wall, together with gates, may be placed within the front yard or primary corner yard if granted design review approval. Design review approval for fences, wall, and gates in H30A and H30B districts shall first be sought from by the town planner, who shall review the proposed fence or wall for design integrity and consistency with the design of the house on the property. If the town planner does not grant design review approval, the applicant may seek design review approval from the planning and zoning board based on design integrity and consistency with the design guidelines and the design of the other structures and landscaping on the property.

Fences, walls, and gates in all other districts shall require Planning and Zoning Board review and approval, based upon design integrity, consistency with the design guidelines and compatibility with the design of the other structures and landscaping on the property.

90-56.3 Fences or ornamental walls placed within a front yard or secondary frontage/corner yard shall not be substantial in appearance and shall adhere to height and opacity limitations as set forth in table 90-56.4.

90-56.4 Front yard and corner yard fences and ornamental walls—Table.

90-56.5 Modification of secondary frontage fence and ornamental wall regulations.

(1)

A fence or ornamental wall that has a maximum opacity of 100 percent and a maximum height of six feet, as measured from grade, may project into or enclose the street side yard of a corner lot, provided:

a.

The fence or wall is not placed in front of the front facade of the primary residential structure and extends beyond the plane of the front facade on only one side of the primary residential structure;

b.

The fence or wall is setback three feet from any property line;

c.

Shrubs shall be installed at the time the fence or wall is installed; and

d.

The shrubs shall be planted a minimum of 36 inches in height, shall be placed a maximum of 24 inches on center and shall cover the exterior of the fence or wall within one year after the final inspection of the fence.

90-56.6 Reserved.

90-56.7 Reserved.

90-56.8 In order to prevent water ponding at the base of ornamental walls, the installation of weep holes or other similar drainage features shall be required. The number and spacing shall be determined per lot per review.

90-56.9 Hedges shall be no more than four feet in height in the front yard and side corner yards and ten feet in height in the rear and interior side yards, except as required by section 90-56.5(1). Hedges may be higher if granted approval by the design review board, on a case-by-case basis.

90-56.10 Under no circumstances is any fence, wall or hedge to be located on a corner lot in such a way as to conflict with the requirements of section 90-52 (Required clearances) or fire codes, including concealment of fire hydrants.

90-56.11 Fences, walls or hedges placed within the public right-of-way prior to the effective date of this ordinance shall be regulated by and in accordance with the requirements of chapter 76 of this Code. No new fences, walls, or hedges shall be permitted to encroach in the right-of-way.

90-56.12 Fences and walls shall be constructed so that the finished side shall face out or away from the property upon which it is constructed, and all support posts and the unfinished side shall be on the inside facing the property upon which said fence or wall is constructed. All masonry fences or walls shall be constructed so as to have a finished surface, including concrete block walls which shall have a plastered finish on all sides above ground level. In the event that a wood fence is constructed against a significant obstacle on the adjoining property, such as a hedge or another fence, that line of fence against the obstacle may be constructed with posts on the outside of the fence provided that the horizontal rails are at least 50 percent covered by boards on the side facing away from the property on which the fence is constructed.

90-56.13 It shall be a violation under this article for any person to erect or maintain a structure to serve as a fence in manner that endangers the health, safety, and welfare of the public as described in this section and as determined by the town manager or designee.

90-56.14 The following fencing material shall be prohibited:

(1)

Chain-link and other wire fencing, except as permitted herein.

(2)

Loosely attached masonry products, such as concrete block, bricks or other similar products not bonded together by mortar or comparable adhesive.

(3)

Plastic or PVC.

90-56.15 No grandfathering of chain-link fences shall be permitted in the front yard or in the corner side yard. Grandfathering of chain-link fences shall be permitted in interior side yards or rear yards.

90-56.16 In all districts, the owner or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, neat and orderly appearance and clear of weeds, refuse and debris. Landscaping material shall be trimmed and maintained so as to meet all site distance requirements. Hedges planted along property lines shall be maintained and neatly trimmed to prevent growth extended across the property lone or otherwise encroaching on an adjacent property. In the event of any discrepancy as to whether healthy, neat and orderly appearance is being maintained shall be determined by the town manager or designee.

90-56.17 Temporary construction fences shall be permitted pursuant to standards provided in subsection 90-56.1.B.

(Ord. No. 1520, § 1, 4-14-09; Ord. No. 1529, § 2, 7-15-09; Ord. No. 1549, § 2, 3-9-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1590, § 2, 8-15-12; Ord. No. 1593, § 2, 10-9-12; Ord. No. 1610, § 2, 12-10-13; Ord. No. 1620, § 2, 6-10-14; Ord. No. 18-1689, § 2, 9-12-18; Ord. No. 18-1691, § 2, 12-11-18; Ord. No. 23-1747, § 2, 6-13-23; Ord. No. 23-1748, § 3, 7-11-23; Ord. No. 24-1769, § 3, 2-13-24; Ord. No. 24-1787, § 3, 10-8-24)

Editor's note— Ord. No. 1593, § 2, adopted Oct. 9, 2012, repealed a former § 90-56.1 which followed § 90-56 in this chapter and pertained to construction fencing and derived from Ord. No. 1549, § 2, 3-9-10; Ord. No. 1583, § 2, 1-17-12.

Construction of a dock, pier, or mooring structure (each is a "marine structure") for a waterfront lot may be permitted subject to the following:

(1)

Lots with water frontage on two sides. For any lot that has water frontage on two or more sides, a marine structure shall be permitted only on the side fronting on the widest adjacent waterway.

(2)

Maximum projection of specific lots on Point Lake. For the following lots with water frontage on Point Lake, a marine structure may be constructed to project into a waterway no more than the lesser of either

a.

Ten percent of the width of the lot's frontage on the waterway; or

b.

Ten feet:

1.

Lots 1-4, Block 23A, of Second Amended Plat of Normandy Beach (recorded in Plat Book 16. Page 44); and

2.

Lots 9-18, Block 27 of Second Amended Plat of Normandy Beach (recorded in Plat Book 16, Page 44), as amended by the Second Revised Plat of Blocks 26-27, Second Amended Plat of Normandy Beach (recorded Plat Book 41, Page 6).

(3)

Maximum projection of other lots on Point Lake. For any other lot with water frontage on Point Lake, or North Canal or South Canal, a marine structure may be constructed to project into the waterway no more than the lesser of either:

a.

Ten percent of the width of the adjacent waterway; or

b.

Ten feet.

(4)

Maximum projection of lots on Biscayne Bay and Indian Creek. For any lot with water frontage on Biscayne Bay or Indian Creek, a marine structure may be constructed to project into the waterway by ten percent of the width of the adjacent waterway up to:

a.

Thirty-five feet maximum within Indian Creek, which applies to Lot 13, Block 26, of the Second Amended Plat of Normandy Beach (Plat Book 16, Page 44) and all waterfront properties north of it along Biscaya or Bay Drive; or

b.

Forty-five feet maximum within Biscayne Bay, which applies Lot 14, Block 26 of the Second Amended Plat of Normandy Beach (Plat Book 16, Page 44) and all waterfront properties east of it along Biscaya or 88th Street.

c.

Any portion of a dock or pier that projects more than 15 feet from the sea wall shall be limited to a maximum eight feet in width unless the county department of economic resources, department of environmental resource management, or state department of environmental protection determines that environmental resources do not allow for a width of greater than eight feet adjacent to the sea wall, in which case a platform of up to 30 feet in width (dimension parallel to sea wall) and 15 feet in depth (dimension perpendicular to sea wall) may be constructed within 25 feet of the sea wall.

(5)

Unobstructed passage. No marine structure shall be permitted where the dock projection and moored vessel together would reduce the adjacent waterway to less than a 25 foot-wide channel at any point along the entire width of the lot's water frontage, in order to ensure that the adjacent waterway allows for the free and safe navigability of typical waterborne vessels in the adjacent waterway.

(6)

Setbacks. Any marine structure shall be set back at least ten feet from the waterward extension of any property line of the subject lot.

(7)

Determination of the "width of the waterway." For the purpose of this section, the "width of the waterway" shall be the narrowest lineal distance from the waterward side of the sea wall of the subject lot to the nearest land mass or sea wall that is perpendicular to any portion of the subject lot's water frontage.

(8)

Determination of "maximum projection." The projection of a marine structure shall be measured from the waterward side of the seawall of the subject lot.

(9)

Notice. The owner of the subject lot shall provide courtesy notices of a building permit application for a marine structure to all owners within 300 feet of the lot by first class mail return receipt requested, and shall provide evidence of such mailing to the town planner. A building permit for the marine structure shall not be issued earlier than 15 calendar days from the date that proof of courtesy notices is submitted to the town planner.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1622, § 2, 6-10-14; Ord. No. 22-1718, § 2, 2-8-22; Ord. No. 22-1725, § 2, 7-12-22)

Carports, consisting of the structural members and the roof or canopy, may be constructed, in a front, secondary side or rear yard setback in the H30A and H30B districts subject to the following:

(1)

The carport shall not exceed 20 feet in length, and 20 feet in width.

(2)

The height of the carport shall not exceed ten feet.

(3)

The height of the side openings shall be at least six feet, three inches.

(4)

The carport shall be subject to the following minimum setbacks:

a.

Rear: five feet.

b.

Interior side: five feet.

c.

Primary (front) and secondary (corner): two feet.

d.

Rear of street curb: seven feet.

(5)

A carport shall at all times remain open on all four sides, if free standing, and open on three sides if attached to the main building. The structure shall be nonsubstantial in appearance and each side shall maintain a solid to open ratio of no more than ten percent solid to 90 percent open.

(6)

The area under a canopy must be entirely paved by an approved paving material.

(7)

A carport shall be constructed pursuant to the Florida Building Code, Florida State Product Approval, and Miami-Dade County Notice of Acceptance.

(8)

A carport shall be constructed of (i) canvas (or similar material) cloth, vinyl or other permanent material, supported from the ground or deck or floor of a building, or from the walls of a building for protection from sun or weather, by covered metal pipe; or (ii) of wood, composite wood, aluminum, or plastic (but not PVC pipe). A carport shall not be constructed of concrete or concrete block.

(9)

If applicable, covering material shall carry the Miami-Dade Fire Marshal's certificate of non-flammability. The material shall be attached to the framework by lacings only.

(10)

A proposed carport shall be subject to design review for consistency of design with the existing house, appropriateness of materials, and compatibility of location and orientation on the lot. The town planner may refer any design review of a carport to the planning and zoning board for final review and approval based upon this section and the design guidelines.

(1545, § 2, 2-18-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1606, § 2, 8-13-13; Ord. No. 23-1755, § 2, 9-12-23)

Editor's note— Ord. No. 23-1755, § 2, adopted September 12, 2023, changed the title of § 90-58 from "carport canopies" to "carports."

No outdoor receiving or broadcasting antenna, whether tower, pole, mast, disk, bowl, planar or similar structure, weighing more than 20 pounds shall be placed or erected in the town without a permit from the town. Only one permit shall be issued for each main building on a lot, in accordance to the following:

(1)

Permit application. The application for a permit shall be made to the town manager, accompanied by a site sketch, showing dimension and location of the antenna in relation to the site boundaries, setback lines and the existing structures on the site; and drawings by a licensed structural engineer, showing the method of permanently anchoring the antenna and listing the materials to be used in such anchoring. A landscaping or covering plan may be required when appropriate.

(2)

Fee. A permit fee shall be required.

(3)

Construction provisions; yard placement. All such antennae shall be constructed to withstand a 146 mile-per-hour wind and in accordance with the provisions of the Florida Building Code and these regulations; and in no case shall they be placed within, or intruding into, the front or side yards of any property. In the H120 zoning district, Collins Avenue shall be deemed to be the front of the property.

(4)

Roof placement. No antenna requiring a town permit shall be placed upon the roof of any structure except in the H120 zoning district.

(5)

Height limits—Tower, pole, mast. For aesthetic reasons, tower, pole or mast antennae, except in the H120 zoning district, shall not be more than eight feet, at their highest point, above the highest point of the main structure's roof. However, such antennae for amateur broadcasting purposes (ham radio) may have antennae 35 feet in height from the average grade of the lot, or 50 feet in height, if the antennae is of a retractable type that can readily be lowered to 25 feet or less when not in use.

(6)

Height limits—Disk, bowl, planar. Disk, bowl, planar or similar-shaped antennae in any zoning district, except H120, shall not exceed a total of 12 feet in height above the ground, including supporting structures; and the diameter shall not exceed 36 inches. All such disk, bowl, planar or similar-shaped antennae shall be sufficiently landscaped or covered so as to obscure the antennae from view from surrounding and adjacent properties.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

90-60.1 Ocean bulkhead lines are established in section 14-86 and the following regulations shall control construction adjacent thereto:

(1)

No permit shall be issued for the construction of any habitable, fully-enclosed structure east of the ocean bulkhead line.

(2)

No permit shall be issued for the repair, extension, alteration or replacement of any habitable, fully-enclosed structure east of the ocean bulkhead line.

(3)

No permit shall be issued for the construction of any habitable, fully enclosed structure closer than 20 feet to the west of the ocean bulkhead line.

(4)

No permit shall be issued for the repair, extension, alteration or replacement of any habitable, fully enclosed structure lying within 20 feet to the west of the ocean bulkhead line.

(5)

All properties east of Collins Avenue which upon redevelopment or expansion of habitable, fully enclosed structures require a permit from the town shall be required to provide an access easement to the town granting the perpetual use of the hardpack to the public, provided that the development creates an impact on public safety and the need for the easement is proportional to the impact created. The hardpack is defined as the sand road west of the Erosion Control Line used by public safety vehicles. Each access easement agreement shall be in a form acceptable to the town manager and approved as to legal sufficiency by the town attorney and shall contain a signed and sealed boundary survey and legal description of the easement area.

90-60.2 Indian Creek bulkhead lines are established in Section 14-101 and the following regulations shall control construction adjacent thereto:

(1)

Permits required. It is hereby declared to be unlawful for any person to construct or erect any bulkhead, sea wall or other shore protection work along the shore line of Indian Creek in the town without first obtaining a permit from the town manager or designee.

(2)

General limitations.

a.

No permit shall be issued for construction, repair, alteration, extension or replacement of any structure of any nature whatsoever other than a bulkhead, seawall or shore protection work as mentioned in the preceding section, or marine structure as mentioned in subsection 90-56, which shall be closer than 20 feet to the Indian Creek bulkhead line. Provided however, that a swimming pool may be constructed no closer than 15 feet to the Indian Creek bulkhead line.

b.

A swimming pool construction landward of less than 20 feet of the Indian Creek bulkhead line shall be thoroughly investigated by a registered structural engineer known to the building official to be qualified to evaluate retaining walls, seawalls, bulkhead or other shore protective structures. The structural engineer shall certify that said construction will not compromise the structural capacity of the adjacent retaining wall, seawall, bulkheads or other shore protective structure, and such construction will allow continued maintenance of said retaining wall, seawall or bulkhead, including anchors and soil supports. A certification shall be included on the drawings that the proposed construction has been designed in accordance with the Florida Building Code and all applicable laws. Upon project completion the registered engineer shall submit to the building official a letter attesting that the construction of the improvements has been observed and is in accordance with Section 307.2 of the Florida Building Code and all applicable local ordinances. The letter shall be signed and have the impressed seal of the registered structural engineer, as applicable.

c.

No permit shall be issued for the construction of a bulkhead, seawall or other shore protection work, unless the plans and specifications of the bulkhead, seawall or other shore protection work show that the bulkhead, seawall or other shore protection work is so located as not to extend outward beyond the Indian Creek bulkhead line as heretofore established, and shall show that the bulkhead, seawall or other shore protection work will be constructed of pre-cast concrete slab or reinforced concrete and shall have minimum elevation equal to or greater than the base flood elevation as set forth in the applicable flood insurance rate map (FIRM) maintained by the Federal Emergency Management Agency (FEMA), and shall be of sufficient depth below mean low water to ensure the retention of all fill or soil on the landward side thereof, and of sufficient weight and strength to withstand hurricanes, windstorms and high tide waters and waves incident thereto.

90-60.3 All structures on lots abutting Biscayne Bay, Indian Creek, Point Lake, and the north canal and south canal of Point Lake, shall be required to obtain a permit and meet the setbacks and general limitations established in subsection 90-60.2 of this section (Indian Creek bulkhead lines).

90-60.4 All applications for building permits on properties designated H30A shall include a certified survey showing the point of intersection of the Indian Creek or other regulated seawall line with the adjacent side lot lines and/or street lot lines of the property on which construction is proposed, together with a certificate of a registered engineer or surveyor indicating that all of the work proposed to be done under the permit complies with all provisions of this section.

90-60.5 The owner of the property on which or adjacent to which any such seawall, bulkhead or other shore protection work shall be constructed, in accordance with a permit issued in accordance with the provisions of this section, shall furnish to the town manager or designee a certificate signed by the owner and the contractor doing the work, that such seawall or bulkhead has been erected or constructed in strict accordance with the terms of such permit and the plan and specifications submitted or such work.

90-60.6 No structures other than marine structures permitted under section 90-57 of this Code, including but not limited to, any floating vessel, platform or structure that is anchored to submerged lands, shall be permitted within the boundaries of Biscayne Bay, Indian Creek, Point Lake, and the north canal and south canal of Point Lake.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1607, § 2, 8-13-13; Ord. No. 23-1734, § 2, 3-14-23; Ord. No. 24-1766, § 3, 2-13-24)

Except for properties in the H30A, H30B, and H30C districts on Harding Avenue, front yards in the H30A, H30B, H30C or H40 districts shall not be more than 50 percent paved over with any type of material that is not readily permeable by rainwater and groundwater. For properties in the H30A, H30B, and H30C districts fronting Harding Avenue, front yards shall not be more than 70 percent paved over with any type of material that is not readily permeable by rainwater and groundwater. Pavers and pervious hard materials, including pervious concrete, shall not be utilized for the calculation of pervious area.

(1)

Not less than 30 percent of the front yard shall be landscaped.

(2)

Not less than 20 percent of the rear yard shall be landscaped.

(3)

No front yard shall be accessible by vehicles from a public street by more than two curb cuts.

(4)

No curb cut shall be located within five feet of a side lot line.

(5)

On corner lots where vehicular access and off-street parking are provided in a secondary frontage yard, these same regulations shall apply also to the secondary frontage yard. Such secondary frontage yards shall not be more than 50 percent paved over with any type of material that is not readily permeable by rainwater and groundwater and not less than 30 percent of the secondary frontage yard shall be landscaped.

(6)

Driveway materials are limited to the following:

a.

Pavers.

b.

Color and texture treated concrete, including stamped concrete as long as it is permeable.

c.

Painted concrete shall not be permitted.

d.

Asphalt shall not be permitted.

(7)

The width of the curb cut shall be measured from the terminus of the driveway entry, not including the taper.

(8)

A driveway shall not extend beyond the front plane of the home unless:

a.

Providing direct access to a vehicular garage; or

b.

Presented to and approved by the design review board which shall consider whether the extension is necessary to serve the property and will be compatible with the neighborhood.

Driveways existing prior to March 13, 2018 [effective date of this ordinance] shall be deemed legally non-conforming and may be repaired or rebuilt, but not expanded.

90.61.1 Curb cuts for properties located in the H30A district, H30B district, and H30C district west of Harding Avenue.

(a)

No curb cut shall be located within five feet of a side or rear lot line. For corner lots, no curb cut shall be located within 25 feet of the intersection of the front and secondary frontage lot lines.

(b)

Where a driveway is installed with two curb cuts, a landscaped island containing at least 60 square feet shall be provided between the curb cuts in the front yard area, extending from the front property line to the paved area.

(c)

The maximum number and location of curb cuts that may be provided for a property shall be determined in accordance with the following table.

¹ The driveway connection to the street shall be constructed in substantial compliance with FDOT standard detail sheet for type F or drop curb (also known as Valley Gutter), as applicable.

90-61.2 Curb cuts for properties fronting on Collins Avenue, Harding Avenue and every east-west street in between Collins Avenue and Harding Avenue, excluding H30B district properties.

(a)

No curb cut shall be located within five feet of a side or rear lot line. For corner lots, no curb cut shall be located within 25 feet of the intersection of the front and secondary frontage lot lines.

(b)

One-way driveway connections (curb cuts) shall not exceed 12 feet in width. Two-way driveway connections (curb cuts) shall not exceed 24 feet in width.

(c)

Except where expressly provided otherwise, driveway connections (curb cuts) on east-west streets shall be as far away from intersections as practicable.

(d)

If a property fronts on Collins Avenue, Harding Avenue and two east-west streets, for purposes of the foregoing table, it shall be deemed to front on Collins Avenue. Harding Avenue and one east-west street.

(e)

The maximum number and location of curb cuts that may be provided for a property shall be determined in accordance with the following table, provided that there shall be no more than one vehicular curb cut or vehicular access per building provided on any lot wider than 90 feet or with an aggregated frontage exceeding 90 feet. All curb cuts on Harding Avenue and Collins Avenue are subject to review and approval by the Florida Department of Transportation.

(Ord. No. 1514, § 2, 4-14-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1568, § 2, 2-8-11; Ord. No. 2016-1642, § 2, 1-12-16; Ord. No. 18-1678, § 2, 3-13-18; Ord. No. 23-1733, § 2, 2-14-23; Ord. No. 23-1754, § 2, 9-12-23)

90.62.1. The following are applicable to all new construction and remodeling of single-family and duplex dwellings:

(a)

Except for motion-sensor activated safety lighting, outdoor lighting fixtures, including in roof eaves or overhangs, shall be shielded or employ shielded fixtures so that light sources do not spill beyond the property line to adjacent properties or rights-of-way.

(b)

An outdoor lighting plan indicating the location of the lighting fixtures; type of lights, height of lights and levels of illumination shall be submitted to the town manager or designee for approval. The town manager or designee may issue a permit for such proposed outdoor lighting, if, after review of the plans and after consideration of the design characteristics of the lighting fixtures and lighting poles and bases, they are found to be compatible with the architecture design, the adjacent area and the neighborhood, and will be deflected, shielded and focuses away from adjacent properties; and will not be a nuisance to adjacent properties and traffic.

(c)

Temporary holiday lighting is exempt from permitting requirements.

90.62.2. The following are applicable to all multi-dwelling and non-residential properties:

(a)

Plans indicating the location of the lighting fixtures; type of lights, height of lights and levels of illumination; shade, type and height of lighting poles; and bases, deflectors and beam directions shall be submitted to the town manager or designee for approval.

(b)

Lighting fixtures and lighting poles, including mounting bases, shall not exceed 18 feet in height from grade, shall be of decorative nature and shall be in harmony with the site architecture design, the adjacent area and the neighborhood. Decorative lighting poles and bases shall be constructed of anodized aluminum, pigmented concrete, fiberglass or other materials of similar characteristics as approved by the town manager or designee.

(c)

Outdoor lighting shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half foot-candle (vertical) and one-half foot-candle (horizontal) illumination on adjacent properties. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance from a registered architect or engineer is provided to the town manager or designee, certifying that the installation has been field-checked and meets the requirements set forth above.

(d)

The town manager or designee may issue a permit for such proposed outdoor lighting, if, after review of the plans and after consideration of the design characteristics of the lighting fixtures and lighting poles and bases, they are found to be in harmony with the site architecture design, the adjacent area and the neighborhood, will be deflected, shaded and focused away from adjacent properties; and will not be a nuisance to adjacent properties and traffic.

(e)

All of the foregoing installations shall conform to the Florida Building Code.

(f)

Lighting on properties designated H120 shall provide fixtures and shields to maintain light shed cut offs in accordance with regulations of the Department of Environmental Protection, specifically as it relates to properties fronting or adjacent to turtle nesting habitats.

(g)

All lighting shall be controlled by photocell controls.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 2, 4-12-11; Ord. No. 24-1767, § 2, 2-13-24)

90-63.1 The elevation for the top of shore end of all groins or other shore protective work shall be plus five feet above mean low water.

90-63.3 The elevation for the top of seaward end of all groins and other shore protective work shall be plus 2&half feet above mean low water.

90-63.4 The minimum elevation of the top of all seawalls fronting on the waters of Biscayne Bay, Indian Creek and Point Lake shall be equal to or greater than the base flood elevation as set forth in the applicable flood insurance rate map (FIRM) maintained by the Federal Emergency Management Agency (FEMA) and shall be in compliance with the following criteria:

(a)

Maximum elevation. The maximum elevation of a sea wall shall not exceed the town's minimum design flood elevation (DFE) (approximately plus 8.5 NAVD as of the date of the ordinance codified in this section.

(b)

Design to account for future sea level rise. A sea wall shall be structurally designed and constructed to allow for the addition of at least two feet of additional elevation to address projected increases in sea level rise; and

(c)

Applicability. The provisions of this section shall apply to (i) any sea wall newly constructed; (ii) any existing sea wall that undergoes repairs or renovations that affect more than 50 percent of the cost of construction of a new sea wall; (iii) the construction of a new home; and/or (iv) repairs or renovations to an existing home that exceed 50 percent of the home's fair market value.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 23-1734, § 2, 3-14-23)

Where two or more parallel adjoining and abutting lots under a single ownership are used, the exterior property lines so grouped shall be used in determining setback requirements. Provided, however, that no structure shall be constructed, altered or maintained on a single lot in any zoning district which does not conform with the setback requirements applicable to such lots, irrespective of the common ownership of abutting lots, unless and until a restrictive covenant running with the title to such lots, assuring obedience to setback requirements in a form acceptable to the town attorney or designee, shall first have been recorded in the public records of Miami-Dade County, Florida. Joined in such a restrictive covenant must be effected by all interested parties, including, but not limited to, dower, lien-holders, mortgagees, and all others claiming any right, title or interest in and to such real property.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

In the following section the term "boat" shall include every description of watercraft or airboat used or capable of being used as a means of transportation on water, including personal watercraft, but shall not include kayaks or canoes or similar non-motorized watercraft. No more than one boat, may be parked on any lot in the H30A or H30B districts subject to the following conditions:

(a)

Boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer.

(b)

No boat, or boat trailer shall be parked within the required interior side setback and/or required rear setback, or project or encroach on any public right-of-way.

(c)

A boat trailer and personal watercraft may be parked in the front, side, or rear yards. If parked in the side or rear yard, the boat trailer and personal watercraft shall not be visible to the neighboring property. A fence, wail or hedge, consistent with the Code, shall be installed in order to limit visibility to the maximum extent possible.

(d)

When parked or stored in the front or secondary frontage yard the place of parking shall be parallel with and immediately adjacent to or on the driveway and shall be at least five feet from the interior side or rear property line.

(e)

The parking, storage or keeping of any boat or boat trailer shall not obstruct driveways or impede the ability of the abutting property owner to maintain the right-of-way clearance. The parking, storage or keeping of any boat or boat trailer shall not cause other vehicles to be parked in rights-of-way so as to create a hazard. The parking or storage of a boat or boat trailer shall not be in conflict with the provisions of 90-52.

(f)

If covers are provided for the open part of all boats, the covers for any items must fit to the contours of the boat. The color of the cover should be complimentary to the exterior color of the boat. No tarps shall be used.

(g)

Boats, boat trailers, and places of parking shall be kept in a clean, neat and presentable condition. Boats and boat trailers shall not be inoperable, wrecked, junked, partially dismantled or abandoned.

(h)

No boat which does not have a valid registration and a valid license plate decal properly displayed, as required by state law, shall be kept on any lot for more than 30 days, unless they are stored inside a totally enclosed building.

(i)

It shall be unlawful to park a boat or boat trailer on any lot, unless such lot contains a residential dwelling and the boat belongs to the occupant of such dwelling, a member of his immediate family, a resident of the household residing on the property, or a bona fide guest or visitor thereof.

(j)

No major repairs or overhaul work shall be made or performed on the premises.

(k)

Boats and boat trailers stored on any lot in the H30A or H30B districts shall be secured or removed immediately upon the issuance of a hurricane warning by a recognized governmental agency.

(Ord. No. 1532, § 2, 9-8-09; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1569, § 2, 3-8-11)

90-66.1 No house car, camp car, camper or house trailer, nor any vehicle or part of a vehicle designed or adapted for human habitation by whatever name known, whether such vehicle moves by its own power or by power supplied by a separate unit, which exceeds 20 feet in length or eight feet in height, shall be kept or parked on public streets or public property anywhere within the town, nor on private property in the H30A or H30B districts, for more than 24 hours within a calendar week beginning at 12:01 a.m. Sunday and ending at 12:00 a.m. on Saturday.

90-66.2 No house car, camp car, camper, house trailer, or any similar vehicle shall be attached to any public or private external source of electricity, water, gas or sanitary sewer at any time, except that an electrical connection may be made for the sole purpose of recharging a vehicle's storage batteries.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

The following requirements apply to permanent and temporary emergency power generators located in all zoning districts:

(1)

Permit: The property owner must obtain a building permit for the installation of an emergency power generator.

a.

The town shall review all such permit applications to ensure such installations minimize the visual and acoustic impact on adjacent properties.

(2)

Special attention shall be paid to the placement of the generator, the use of sound attenuating materials, and the reasonable containment of sounds and exhausts, which will be created by the operation of any emergency power generator. The preferred placement shall be as follows: For all new construction, permanent emergency generators shall be placed in the rear of the property or on the rooftop; for residential structures existing as of September 1, 2006, permanent generators may be placed in the front of the house if placement in the rear or on the rooftop is not feasible. In no instance shall generators be placed in the setbacks.

a.

Screening: Emergency power generators that are not located within, or completely screened by a building, shall be screened from view when adjacent to or visible from a public right-of-way or from adjacent parcels of property. Screening may include the use of fences, walls, or hedges, or a combination thereof and such screening shall meet all relevant Code requirements. Notwithstanding the foregoing, screening of rooftop generators in the H30A and H30B districts shall be in compliance with the requirements of section 90-67.3, as may be amended.

b.

Placement of temporary generators: Temporary emergency power generators shall be placed outdoors at least ten feet from any opening or window.

c.

Maintenance cycle: The generator's maintenance cycle run shall be permitted a maximum of once a week between the hours of 10:00 a.m. and 5:00 p.m., Monday through Friday only, and shall continue for no more than the manufacturer's recommended duration, but not to exceed 30 minutes per cycle.

d.

Allowed usage: Emergency power generators may only be operated for non-maintenance purposes whenever there is a power outage. Generators may not be used as a substitute for electrical power.

e.

Code enforcement and removal: Generators, which are in violation of the provisions of this section, shall be subject to immediate removal and code enforcement action.

f.

Compliance with Florida Building Code and Florida Electrical Code: All installations of generators shall comply with the latest adopted versions of the Florida Building Code and the National Electric Code.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 22-1731, § 2, 9-13-22)

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

a.

Service bays, mechanical equipment, garbage and delivery areas, shall be fully enclosed, screened or located within the interior of the building. These areas shall not be visible from the right-of-way and shall not be visible from properties with adjacent residential or hotel uses.

b.

Central air conditioning shall be required for trash rooms.

c.

All mechanical equipment shall be architecturally screened.

(Ord. No. 1572, § 2, 4-12-11)

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

a.

All utilities including telephone, cable, and electrical systems shall be installed underground.

b.

All exterior facilities, including but not limited to electrical raceways and transformers, permitted above ground shall be fully concealed and screened.

(Ord. No. 1572, § 2, 4-12-11)

The following requirements apply to all rooftop mechanical equipment located within the H30A and H30B zoning districts:

a.

Setback from roof perimeter. All equipment and enclosures shall be set back from the roof perimeter so that it is not visible from eye-level view from grade at a distance of 75 feet from any property line of the subject lot. This shall be demonstrated by line-of-sight drawings submitted as part of a zoning approval or design review package.

b.

Screening. 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, or is set into the roof structure itself without changing the visible contour of the roof as seen from the street. In either instance, neither equipment nor screening shall be visible from eye-level from grade at any property line, nor discernible from eye-level from grade outside of the property lines. 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.

c.

The footprint area of the equipment, as defined by the perimeter of the decorative and acoustic screen enclosure, shall not exceed seven and one-half percent of the total area of the roof upon which it is placed.

d.

Rooftop equipment and all screening elements shall not exceed six feet above the roof slab for a flat roof or six feet above the top of the tie beam for a pitched roof.

e.

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

f.

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.

(Ord. No. 22-1730, § 2, 9-13-22)