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Virginia Gardens City Zoning Code

ARTICLE IV

- ACCESSORY STRUCTURES AND USES

4.1 - PURPOSE

The purpose of this Article is to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

4.2 - ACCESSORY STRUCTURES

4.2.1 General Standards and Requirements

Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

A.

There shall be a permitted main use building, in use on the parcel, located in full compliance with all standards and requirements of this Code.

B.

All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this Code.

C.

Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any side or rear property line than five (5) feet, except that in zero-lot line developments the minimum may be four (4) feet.

D.

Accessory structures shall not be located in a required buffer, or landscape area, or minimum side setback area.

E.

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

F.

Accessory structures shall be shown on any site plan with full supporting documentation as required by this Code.

G.

Tiki and chickee huts must comply with all regulations and requirements of the Florida Building Code and accessory structures. Awnings not exceeding 200 square feet and located in the front of the building are allowed in Residential zones, subject to permitting requirements.

4.2.2 Satellite Dish, Tower or Mast Antenna

A.

Standards

All antenna installations shall meet the following requirements:

1.

The antenna shall be considered a structure requiring a building permit to be issued prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes.

2.

The antenna installation and any part thereof shall maintain vertical and horizontal clearances from any electric lines and shall conform to the National Electric Safety Code.

3.

The antenna installation shall meet all FCC and manufacturer specifications, rules, and requirements.

4.

The antenna structure shall be of a non-reflective surface material and shall be made, to the maximum extent possible, to conform and blend, taking into consideration color and location, with the surrounding area and structures.

5.

The antenna structure shall contain no advertising or signage of any type.

6.

The installer of any such structure, prior to installation, shall submit detailed blueprints/drawings of the proposed antenna installation and foundation which shall be certified by the manufacturer or a professional engineer.

B.

Standards for Installations in Residential Developments

1.

A satellite dish antenna shall be considered an accessory structure and shall not constitute the principal use of the property.

2.

The satellite dish antenna installed pursuant to this subsection shall not be used for any commercial purposes. It shall only provide service to the main dwelling structure.

3.

Satellite dish antenna installations shall be limited to one installation per residential unit.

4.

The maximum size of the satellite dish antenna, whether ground or pole-mounted shall be three (3) feet in diameter.

5.

The satellite dish antenna installation, shall be mounted at a fixed point and shall not be portable, in conformance with the requirements of the Florida Building Code.

6.

Antenna in residential districts shall not exceed five (5) feet in height above the roof of the main dwelling.

7.

Private, non-commercial large dish antennas (between 24" and 3' in diameter) may be permitted in the Village in connection with single or multifamily residential buildings of four stories, provided that:

i.

In single or two story single family residences they are located in the rear yard, and in multi-story residential building of two stories or more a rooftop installation may be permitted as long as anchorage of the antenna complies with the requirements of the Florida Building Code relative to structures;

ii.

They are placed no closer to any property boundary line than a distance equal to their height, as measured from ground level to the top of the antenna dish, but in no event closer than five feet to such boundary line;

iii.

They do not encroach on any of the required side setbacks for the district in which they are located; and

iv.

Where rear and side setbacks abut public lands such as recreational areas or schools, antenna dishes may be located in the rear yard within five feet of the side and rear setback line when the dish is open in a horizontal position, not-withstanding the height thereof, not including streets, alleys, rights-of-way, or easements.

v.

Large dish antennas may not exceed fifteen feet in height from ground level.

vi.

Large dish antennas shall be screened from public view with landscape materials which shall be maintained along the side and rear lot lines in such location, size and type as to obscure the antenna dish from the view from any opening, window or porch on the ground level or any abutting structure. Landscaping shall consist of trees and/or shrubs of such height and density, placed in such locations and in such proximity to the antenna dish as to obscure visibility of the large dish antenna as required herein.

8.

Private, non-commercial small dish antennas (less than 24" in diameter) may be permitted in the Village upon compliance with the following conditions:

i.

No dish antenna may be installed in the front yard of any property.

ii.

A small dish antenna may be installed in the side or rear of any property.

9.

Anyone wishing to install or erect a private, non-commercial large dish antenna must first submit the plans for the dish antenna, together with a lot survey to show the location of the antenna on the lot with the fence and landscape plan designating the height and type of trees and/or shrubs. The applicant shall also submit a scale drawing of abutting lots, structures thereon and the location of windows, porches and openings on the ground level thereof which are screened from view of the proposed antenna location to the planning and zoning department, the clerk will cause a permit to be issued, after payment of a fifty dollar permit fee.

10.

Anyone wishing to install or erect a private, non-commercial small dish antenna must do so in accordance with requirements of the Florida Building Code, and pay a twenty-five dollar processing fee and a five dollar permit fee.

11.

Once installed, large dish antennas and related appurtenances must be maintained in good and operable condition. Surrounding landscaping shall also be maintained as designated on the landscape plan.

C.

Standards for Installations in Commercial Developments

1.

The antenna installation shall not be permitted to be placed in front of the main dwelling or commercial structure. It shall be permitted to be placed in side and rear areas of the main structure only.

2.

An antenna, tower or mast erected in a Commercial District shall not exceed fifty (50) feet above the natural ground and when located on a rooftop, shall not exceed fifteen (15) feet above the roofline.

4.2.3 Storage Buildings, Utility Buildings, Greenhouses, Sheds, PODS

A.

No accessory buildings used for industrial storage of hazardous, incendiary, or noxious, materials shall be located closer than fifty (50) feet from any property line

B.

Storage buildings, greenhouses, and the like shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines.

C.

Storage or other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback from an abutting right-of-way.

D.

Storage or other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

E.

Temporary storage containers, including PODS are allowed to temporarily encroach into setback for a period not to exceed 90 days and may not be located in the line of visibility triangle.

F.

A detached prefabricated, non-CBS, utility shed, which is certified by the State of Florida and Miami-Dade County, or certified as meeting the relevant criteria for installation in Miami-Dade County, and measuring no more than ten (10) feet in width, ten (10) feet in length, and ten (10) feet in height (measuring from the ground to the highest point of the shed) may be located at a distance of no less than five (5) feet from the rear and side property lines. The installation of all such utility sheds shall comply with all requirements of the Florida Building Code, including anchoring requirements.

G.

Vehicles shall not be used as storage buildings, utility buildings, or other such uses.

H.

(i)

Utility sheds and Accessory Buildings shall occupy no more than 15% of the yard with the minimum setback of 10' from Building or other Accessory Building.

(ii)

No more than two (2) Accessory Structures shall be permitted.

(iii)

The maximum height for the roof tie beam shall not exceed 12 feet in height.

(iv)

Roof height shall not exceed 15 feet.

4.2.4 Swimming Pools, Hot Tubs, and Similar Structures.

A.

Swimming pools shall be permitted only in side and rear yards. Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building location requirements of this Code.

B.

All pools shall be completely enclosed with an approved wall, fence or other substantial structure not less than four (4) feet in height. The enclosure shall completely surround the pool and shall be of sufficient density construction to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors and in compliance with all related provisions of the Florida Building Code.

C.

No overhead electric power lines shall pass over any pool unless enclosed in conduit and rigidly supported, nor shall any power line be nearer than ten (10) feet horizontally or vertically from the pool's water edge.

D.

Excavations for pools to be installed for existing principal buildings shall not exceed a 2:1 slope from the foundation of buildings, unless a trench wall is provided.

E.

Swimming pools, not to be enclosed by a structure other than fences or screening as required or permitted by the city, may be constructed within yard areas except the required front yard, required street side yard, or required street rear yard as prescribed by this chapter. However, no part of the pool structure may protrude more than 12 inches above finished ground level and the pool walls shall be at least 10 feet from the lot lines. In determining the percentage of coverage of a lot by buildings, swimming pools which are not enclosed shall not be counted in the computation, however all impervious coverage standards still apply. Above ground pools will be subject to the regulations of accessory structures.

4.2.5 Walls, Fences, and Hedges

(See Buffer and Screening Requirements, Article VI—Section 6.8)

(Ord. No. 374, § 2, 10-20-22; Ord. No. 376, § 2, 9-19-24)

4.3 - ACCESSORY USES

Accessory uses shall be clearly supplementary and incidental to the principal use of the lot and shall be located on the same lot as the principal use to which it is subordinate.

4.3.1 Home Occupations and Professional Offices

A home occupation or professional office shall be allowed in a dwelling unit subject to the following requirements:

A.

Members of the family residing on the premises shall be engaged in such use, with not more than one other person engaged in the use.

B.

The use of the dwelling unit for such accessory use shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character of the structure.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding two square feet in area, non-illuminated, mounted flat against the wall of the principal building or in a window.

D.

No home occupation or professional office shall occupy more than twenty (20) percent of the first floor area of the residence. No accessory building, freestanding or attached shall be used for such accessory use.

E.

No traffic shall be generated by such occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such accessory use shall be met off the street and other than in a front yard required pursuant to this Code.

F.

No equipment, tools, or process shall be used in such accessory use which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, or electrical interference. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, telephone, or television receivers off the premises or causes fluctuations in line voltage off the premises.

G.

Special exceptions include not more than one of the following home occupations: arts and crafts, dress-making, tailoring, swimming instructor, artist or a musician including giving instruction to one person at a time between 8:00 AM and 7:00 PM.

H.

Outdoor storage of materials shall not be permitted.

I.

The following shall not be considered home occupations: beauty shops, barbershops, band instrument or dance instructors, swimming pool or studio for group instruction, public dining facility or tea room, antique or gift shops, fortune telling or similar activity, outdoor repair, food processing, retail sales, nursery school, or kindergarten, assisted living facilities, day care centers (child or adult).

J.

A home occupation or professional office shall be subject to all applicable Village local business tax receipts fees, and other business taxes.

4.3.2 Incidental Services

Incidental services used in connection with either motels or hotels, including news or candy stands, restaurants and lounges, personal service shops, and similar uses, may be permitted provided the following conditions are met:

1.

At least twenty-five (25) dwelling units shall be contained within the building group.

2.

Not more than 10 percent of the total floor area within the buildings shall be so used.

3.

All incidental services shall be situated within the principal building.

4.3.3 Storage of Recreational Vehicles, Boats and Camping Equipment

A.

Boat and/or Airboat Storage

1.

The location of such stored equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line furthest from the street and setback to at least the rear building line, wherever possible but in no event in front of such front building line.

In the event that the boat/airboat is of a greater width than the side setback, such boat/airboat will be permitted to be parked in the driveway or a paved area parallel thereto, subject to the following limitation:

a)

No boat with an overall length of over 25 feet, including the trailer and outdrive and 8 feet in width will be allowed to be parked in front of any home, duplex or apartment house within the Village.

2.

No more than one boat may be stored on any one premise.

3.

Boats and place of storage shall be kept in a clean, neat and presentable condition.

4.

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

5.

The boats shall not be used for living or sleeping quarters and shall be placed on and secured to a transporting trailer carrying a current license.

B.

Recreational and Camping Equipment

Recreational and camping equipment are subject to the following conditions:

1.

No more than one such equipment shall be parked on an open site containing a single family or duplex residence.

2.

Such parking shall be limited to such equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned, or owned or leased by a bona-fide out of Miami-Dade County houseguest of the occupant/owner or occupant/lessee of the site concerned, with the parking of such equipment by guest not to exceed 14 days.

3.

The location for such parked equipment shall be in the rear yard or in the side yard to the rear of the line established by the front building line furthest from the street and setback to at least the rear building line wherever possible, but in no event in front of such front building line. Such equipment shall be setback from the side property lines at least a distance equivalent to the required side setback for the principle building and shall be setback from the rear property line at least 10 feet.

4.

Such equipment and the area of parking shall be maintained in a clean, neat presentable manner and the equipment shall be in usable condition at all times.

5.

Such equipment shall, at all times, have attached a current vehicle registration license plate, and, if required, a current inspection sticker.

6.

No major repairs or overhaul work on such equipment shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances).

7.

When parked on the side, such equipment shall not be used for living or sleeping quarters, or for house-keeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodically be required to maintain the equipment and appliances.

8.

Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length shall not exceed 30 feet and the maximum height shall not exceed 10 feet.

9.

Such equipment shall be so secured so that it will not be a hazard or menace during high winds or hurricanes.

3.3.4 Outdoor Recreation

1.

Outdoor recreational uses are limited to private residential development.

2.

Outdoor recreational uses are permitted when the traffic generation rates do not exceed the volumes generated by residential uses.