O-700-13 ORDINANCE NO. 700-13
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES
VILLAGE, FLORIDA,AMENDING THE NEWLY ADOPTED ZONING APPENDIX"A",
AS SET FORTH AND ATTACHED TO ORDINANCE NO.699-13 ENACTED ON
MARCH 19,2013, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during the regular Council Meeting of March 19, 2013, the Council adopted a new
Zoning Appendix "A", which was accomplished through the adoption of Ordinance No. 699-13 to which
the Zoning Appendix"A"was attached and made-a part thereof; and
WHEREAS, a Staff Report dated March 19, 2013 outlined and recommended additional changes
to the text of the Appendix "A", a copy of which is attached hereto and incorporated herein by
reference, which would be beneficial and in the best interests of the Village (except for the proposed
revision to Section 521; and
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1. The provisions and language contained within the Zoning Appendix"A", adopted by
passage of Ordinance No. 699-13 is hereby amended as outlined in the Staff Report dated March 19,
2013,attached hereto and incorporated by reference herein,with the exception of the proposed
revision to Section 521 contained on page 5 of said report.
Section 2. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the
validity of the remaining portions of this Ordinance,which shall be deemed to be severable therefrom.
Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are
hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this
Ordinance.
Section 4. This ordinance shall take effect immediately upon approval and adoption on second
reading.
APPROVED on first reading this 2nd day of April , 2013.
PASSED AND APPROVED on second reading this 7th day of May .2013.
ATTEST:
Herta Holly, Mayor
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
v2zL�&L'—
Richard Sarafan
Village Attorney
MIAMI SHORES VILLAGE
CODE OF ORDINANCES
APPENDIX A ZONING
May 7, 2013 Approved
Contents
AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING PLAN FOR MIAMI SHORES
VILLAGE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.......................................7
ARTICLEI. —PURPOSES........................................................................................................................7
Sec. 100. -[Authority; statement of purposes.]..............................................................................7
Sec. 101. -[Regulations constitute comprehensive zoning plan; consideration.]....................7
Sec. 102. -[Title.]...............................................................................................................................8
Sec. 200. -[Generally.]......................................................................................................................8
Sec. 201. -[Tense and number; certain words, terms defined.].................................................8
ARTICLE III. - DISTRICTS AND DISTRICT MAP [44].......................................................................14
Sec. 300. -[Classes of districts.]....................................................................................................14
Sec. 301. -[Zoning map adopted.]................................................................................................15
Sec. 302. -[Construction of map.].................................................................................................15
ARTICLE IV. - ESTABLISHMENT OF REGULATIONS.....................................................................15
Sec. 400. -[Schedule of regulations adopted.]............................................................................15
Sec. 401. -[Compliance with schedule of regulations generally.]............................................16
Sec. 402. -[Compliance with cubage restrictions.].....................................................................16
Sec. 403. -[Compliance with height restrictions.].......................................................................16
Sec. 404. -[Compliance with space and area restrictions.].......................................................16
Sec. 405. -[Reserved.]....................................................................................................................16
Sec. 406. -[Reduction of plot area so as to provide for smaller yard or open space
prohibited.].........................................................................................................................................16
Sec. 407. - [Yard or open space contiguous to building not considered as providing yard or
open space for another building.]...................................................................................................16
Sec. 408. -[Yard or open space on one plot not considered as providing yard or open
spaceon another plot.]....................................................................................................................16
Sec. 409. -[Required yards.]..........................................................................................................17
Sec. 410. -[Building permits already obtained, work already begun.].....................................17
SCHEDULE OF REGULATIONS Being a Part of Article IV of the Miami Shores Village
ZoningOrdinance No. 270..............................................................................................................18
ARTICLE V. —SUPPLEMENTARY REGULATIONS..........................................................................33
DIVISIONI. -GENERALLY...............................................................................................................33
1
DIVISION II. —USE REGULATIONS................................................................................................33
Sec. 500. - [Permitted uses deemed to include accessory uses.]............................................33
Sec. 501. - [Prohibited uses.] .........................................................................................................33
Sec. 502. -[Uses customarily conducted within buildings.].......................................................35
Sec. 503. -[Use of frame shanty in connection with construction job.] ...................................36
Sec. 504. -[Signs.]...........................................................................................................................36
Sec. 504.1. - [Sign area.].................................................................................................................39
Sec. 504.2. -[Temporary political signs.]......................................................................................39
Sec. 504.3. -[Authority granted to Planning Director to administratively approve
applications for specific types of signs.]........................................................................................40
Sec. 504.4. -[Master Sign Plans.]...................................................................................................42
DIVISION 3. - HEIGHT REGULATIONS..........................................................................................43
Sec. 505. -[Towers, gables, water tanks, etc.]................................................................................43
Sec. 506. -[Chimneys, church spires, transmission towers, etc.]............................................43
Sec. 507. -[Elevation of first floor joists.]......................................................................................44
Sec. 508. -[Finished grade of plot.]...............................................................................................44
DIVISION 4. -AREA REGULATIONS...............................................................................................44
Sec. 509. -[Projection of awnings, canopies, open balconies, etc.]........................................44
Sec. 510. -[Projection of wing wall.]..............................................................................................45
Sec. 511. - [Projection of chimneys.].............................................................................................45
Sec. 512. - [Projection of steps.]....................................................................................................45
Sec. 513. - [Buildings to face toward normal frontage of plot.]..................................................45
Sec. 514. - [Construction of main building prerequisite to construction of accessory
building.].............................................................................................................................................45
Sec. 515. -[Location of accessory building where plot is of such size as to permit creation
ofanother plot.].................................................................................................................................46
Sec. 516. - [Structures constituting accessory buildings.]..........................................................46
Sec. 517. -[Fencing of private swimming pools.]. ......................................................................49
Sec. 518. -[Fences, walls and hedges.].......................................................................................49
Sec. 519. - [Screening of plot adjoining R;A or PRO district where main building used for
nonresidential purpose.]..................................................................................................................51
DIVISION 5. -OFF-STREET PARKING REQUIREMENTS [45]..................................................52
Sec. 520. - [Applicability; general provisions.].............................................................................52
2
Sec. 521. -[Required off-street parking.]......................................................................................53
Sec. 521.1. -[Lighted off-street parking facilities.]......................................................................63
Sec. 521.2. - [Parking pavement markings; wheelstops; curbing.]...........................................63
Sec. 521.3. - [Parking lot buffers.] .................................................................................................63
Sec. 521.4. -[Parking spaces for persons transporting young children and strollers.].........63
Sec. 521.5. - [Space allocation for bicycle parking.]...................................................................64
Sec. 521.6. -[University Parking Master Plan.]...........................................................................65
Sec. 521.61. - [Combined off-street parking.].............................................................................67
Sec. 521.62. - [Shared usage.].........................................................................................................67
Sec. 521.63. -[Calculating required parking.].............................................................................67
Sec. 521.64. - [Alternative parking generation standards.].....................................................69
DIVISION 6. - BUILDING CUBAGE..................................................................................................70
Sec. 522. -[Minimum building cubage.]........................................................................................70
DIVISION 7. - QUALITY OF BUILDINGS.........................................................................................70
Sec. 523. -[Quality of buildings generally.]..................................................................................70
Sec. 523.1. -[Construction.]...........................................................................................................70
Sec. 523.2. -[Hybrid roofs.]............................................................................................................72
DIVISION 8. - NONCONFORMING USES.......................................................................................74
Sec. 524. - [Nonconforming buildings, or uses of buildings, lands, or buildings in
combinationwith lands.]..............................................................................................................74
Sec. 527. -[Signs.]...........................................................................................................................75
DIVISION 9. - SUBDIVISIONS...........................................................................................................75
Sec. 528. -[Submittal requirements.]............................................................................................75
DIVISION 10. —DRAINAGE...............................................................................................................75
Sec. 529. - [Level-of-service standard.]........................................................................................75
DIVISION 11. -SEPTIC TANKS........................................................................................................75
Sec. 530. -[Approval requirements.].............................................................................................75
DIVISION 12. -ARTERIAL AND COLLECTOR SETBACKS........................................................76
Sec. 531. - [Setback specifications.]..............................................................................................76
DIVISION 13. -COMMUNITY RESIDENTIAL HOMES .................................................................76
Sec. 532. -[Requirements; approval; denial.]..............................................................................76
DIVISION14. - LAKES........................................................................................................................78
3
Sec. 533. -[Retention of existing lakes.]......................................................................................78
DIVISION 15. -WATERFRONT LANDS..........................................................................................78
Sec. 534. -[Development.].............................................................................................................78
DIVISION 16. –SIDEWALKS.............................................................................................................78
Sec. 535. - [Construction.]...............................................................................................................78
DIVISION 17. - LANDSCAPING [46].................................................................................................79
Sec. 536. -[Design standards.]......................................................................................................79
Sec. 537. -[Maintenance standards.]............................................................................................79
Sec. 538. -[Landscaping descriptions and definitions.].............................................................80
DIVISION 18. - HOME OCCUPATIONS AND PROFESSIONAL OFFICES...............................81
Sec. 539. - [Home occupation requirements.]..............................................................................81
Sec. 540. - Reserved.......................................................................................................................82
DIVISION 19. -OPEN AIR CAFES ...................................................................................................82
Sec.541.-[Open air cafe regulations.]...............................................................................................82
DIVISION 20. –PORTABLE STORAGE UNITS.............................................................................83
Sec. 542. - [Portable Storage units.] .............................................................................................83
DIVISION21. - HOTELS.....................................................................................................................85
Sec. 543. - [Hotels.]..........................................................................................................................85
DIVISION 22. –DUMPSTER ENCLOSURES.................................................................................85
ARTICLE VI. -SPECIAL APPROVALS................................................................................................86
Sec. 600. - [Generally.]....................................................................................................................86
Sec. 601. -[Application for village council approval.].................................................................86
Sec. 602. -[Consideration of application; factors.]......................................................................86
Sec. 603. - [Approval by council.]..................................................................................................87
Sec. 604. -[Site plan approval—Information required.].............................................................87
Sec. 605. -[Same—Action on site plan.]......................................................................................87
Sec. 606. - [Performance standards for C districts.]...................................................................88
Sec. 607. - [Other special approvals.]...........................................................................................88
Sec. 608. -[Planning board action.]..............................................................................................88
Sec. 609. - [Granting of special approval to schools.]................................................................88
Sec. 610. - [Granting of special approval to restaurants for consumption of beer and wine
onpremises.].....................................................................................................................................89
4
Sec. 620. - [Granting of special approval for the public performance of movies within
legitimatetheaters.]..........................................................................................................................89
ARTICLE VII. - ERRORS AND VARIANCES ......................................................................................90
Sec.700.-[Generally.]........................................................................................................................90
Sec.701.-[Appeal on allegation of error.].........................................................................................90
Sec.702.-[Hardship variances.].........................................................................................................90
Sec.703.—[Procedure.]......................................................................................................................91
ARTICLE VIII. -APPEALS......................................................................................................................91
Sec.800.-[Appeals to council.]..........................................................................................................91
ARTICLE IX. -ADMINISTRATION........................................................................................................91
Sec.900.-[Issuance of permits, business tax receipts;certificates to be in compliance with
ordinance.]..........................................................................................................................................91
Sec.901.-[Certificates of occupancy.]...............................................................................................91
Sec.902.-[Certificates of re-occupancy.]...........................................................................................92
Sec.903.-[Applications for building permits,certificates of occupancy and re-occupancy.]...........93
Sec.904.-[Village manager to enforce ordinance; records and reports.].........................................93
Sec.905.-[Plans,survey required for construction or reconstruction.]............................................93
Sec.906.- [Issuance of development orders.]....................................................................................94
.............................................................................................................................................................94
Sec.907.-[Burden of showing compliance.]......................................................................................94
Sec.908.-[Development activity monitored;concurrency period.]..................................................94
Section.909.-[Authority to establish fees.].......................................................................................94
ARTICLE X. -AMENDMENTS...............................................................................................................95
Sec. 1000.-[Generally.]......................................................................................................................95
Sec. 1001.-[Initiation of amendment.]..............................................................................................95
Sec. 1002.-[Notice of public hearing.]...............................................................................................95
Sec. 1003.-[Hearing and report of planning board.].........................................................................95
Sec. 1004.-[Filing of report; hearing on amendment.]......................................................................95
Sec. 1005.- [Disposition of amendment.]...........................................................................................95
ARTICLEXI. —VIOLATIONS .................................................................................................................96
Sec. 1100.-[Penalty for violation.].....................................................................................................96
Sec. 1101.-[Notice of violation.]........................................................................................................96
5
ARTICLE XII. - MISCELLANEOUS.......................................................................................................96
Sec. 1200.-[Interpretation and application of ordinance.] ...............................................................96
Sec. 1201.-[Severability.]...................................................................................................................96
Sec.1202.-[Repeal of conflicting ordinances.]..................................................................................96
6
AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING PLAN FOR
MIAMI SHORES VILLAGE AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.
ARTICLE I. - PURPOSES
Sec. 100.-[Authority;statement of purposes.]
This ordinance is adopted pursuant to the provisions of Section 16 of the Miami Shores Village
Charter, being Chapter 26036, Florida Statutes, Special Acts of 1949, and pursuant to Chapter 163, Part
II, Florida Statutes (Section 163.3202) relative to land development regulations, for the protection and
promotion of the safety, health, comfort, morals, convenience, peace, prosperity, appearance and general
welfare of the village and its inhabitants, and more specifically for the following purposes:
a. To protect the distinctive character of Miami Shores Village that has resulted from:
1. The comprehensive basic planning according to which the village was first laid
out as an urban community
2. The application and careful administration of protective regulations, in the form
both of private agreements and of municipal ordinances and requirements
imposed pursuant thereto, under which the development of the village has been
guided since its establishment,
3. The excellent quality of the private development that has taken place in the
village, and of the public facilities that have been provided for the service of the
people of the village and of their use of the land thereof, and
4. The sense of stewardship and the community pride that have motivated the
property owners and residents of the village in their improvement and
maintenance of property in the village;
b. To assure that future development in the village will be in conformity with the foregoing
character,with respect to type, intensity and the design and appearance of buildings;
C. To aid in bringing about a proper relationship between the uses of land in the village and
traffic serving such uses, as well as traffic passing through the village, so as to protect
property values, assure the most satisfactory use of land, avoid traffic congestion, and
protect the public safety against traffic hazards;
d. To protect property values and the enjoyment of property rights by minimizing and
reducing conflicts among various land uses through the application of regulations
designed to assure harmonious relationships among land uses;
e. To aid Miami Shores Village in the efficient provision of public facilities and services and
the administration thereof, as the ability to make such provision is both facilitated by
orderliness of development in the village and sustained by stability and enhancement of
the tax base of the village.
(Ord. No. 531, §2, 7-19-90)
Sec. 101.-[Regulations constitute comprehensive zoning plan; consideration.]
The regulations set forth herein and applied to the various districts that are established hereby
and which are delineated on the zoning map adopted hereby constitute a comprehensive zoning plan that
(a) is made in consideration of the suitability of the various parts of the village for particular kinds and
intensities of land use, taking into account both (1) the existing conditions and potentialities of land use
within the village itself, and (2) the physical situation of the village in the metropolitan area of Miami-Dade
7
County and its functional relationships to the other communities of the metropolitan area, and that(b)as a
result of such consideration, recognizes the predominantly one-family residential character of the village,
with all other uses of land either being incidental and convenient thereto or, if existing as a result of
extraneous factors, being secondary thereto. It is the intention of this ordinance to preserve and enhance
the one-family residential character of the village, making provision for such other uses as will contribute
to this end, prohibiting such uses as would be in conflict therewith, and strictly limiting the intensity and
extent of permitted uses the intensification and expansion of which would detract from the predominantly
one-family residential character of the village, impair property values, or disturb the sense of security of
community character that is an inseparable part of the enjoyment of the ownership of property.
Sec.102.-[Title.]
This ordinance may be referred to and cited as the "Miami Shores Land Development
and Zoning Code."
(Ord. No. 531, §4, 7-19-90)
ARTICLE II.—DEFINITIONS'
Sec.200.-[Generally.]
Certain words and terms used in this ordinance are hereby defined for the purpose thereof as
follows.
Sec.201.-[Tense and number; certain words,terms defined.]
Words in the present tense include the future; the singular number includes the plural and the
plural the singular; the word "shall" is mandatory and not directory; the word "building" includes the word
"structure"; the word "used" includes also "designed, intended, or arranged to be used," and said words
may be used interchangeably; the term "land use" includes also the use of a building unless the context
indicates otherwise; the word "person" includes also firm, partnership or corporation, or any executor,
administrator, assign or agent of any of the foregoing. The word "village" means Miami Shores Village,
Florida; the term"village council,""planning board,""village manager,""building official(building director)",
"director of planning and zoning (director of planning) (planning director),"or the designation of any other
body or official means the respective body or official of said village unless specifically otherwise
designated;the word"county' means the County of Miami-Dade, State of Florida.
Accessory building or use. A building or use that is customarily incidental and subordinate to the
principal building or use of a plot and is located on the same plot therewith.
Adult congregate living facility(ACLF). A facility, the principal use of which is to provide
residential and habilitation services, including room and board and personal services to elderly adults
(over 60 years of age)who require such services and are unrelated to the facility owner or operator.
These facilities may offer central dining, therapeutic care and other services necessary to meet the needs
of the residents. These include adult congregate living facilities as defined by Section 400.402 of the
Florida Statutes and like residential retirement and life care facilities.
(Ord. No. 531, §5, 7-19-90)
Alley. Any passage or way open to public travel other than a street as defined in this ordinance.
Awning. For the purpose of this Code, the term "awning" shall mean any rigid or movable
(retractable) roof-like structure, cantilevered, or otherwise entirely supported from a building. An awning is
comprised of a lightweight rigid or movable skeleton structure over which a cover is attached.
1(44)Cross reference—Historic districts and archaeological zones,§11-5(b)(3).(Back)
8
Block. That property abutting on one side of a street and lying between the two nearest
intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way,
public land or channel or body of water.
Building.Any combination of materials forming any construction, the use of which requires
location on the ground or attachment to something having location on the ground.
Building cubage. The area of a building, computed from the dimensions at the exterior of the
walls thereof, multiplied by the height thereof as defined in this ordinance, including:
(a) Porches enclosed with glass or jalousies and with interiors finished in a manner
comparable with that of the interior of the main part of the building;
(b) One-half of the cubical content of screened porches, measured at the exterior of the walls
of the building or, where the wall of a porch is not at the exterior of the building, at the
interior wall of such porch;
(c) Attached garages to a maximum of 1,000 cubic feet, but excluding:
(1) Open porches, patios, porte-cocheres and similar spaces;
(2) All space in attached garage in excess of 1,000 cubic feet;
(3) Any space between street grade and finished first floor level in excess of a
vertical height of two feet eight inches.
Building height The vertical distance from the building level (a)to the top of the roof in the case
of flat roofs, or(b)to the mean level between the eaves and the highest point of the roof in the case of
roofs of any other type.
Building level. The street grade or an elevation of five and one-half feet above mean sea level,
whichever is the higher.
Building, main.A building in which is conducted the principal use of a plot.
Canopy. For the purpose of this Code, the term "canopy" shall mean a fixed roof like structure
which is in whole or in part self-supporting with open sides which provide shade or protection from sun or
weather.
Club,private. The place of assembly of an association, society or other organization of a
fraternal, social or civic character, not operated for profit, including any room or building occupied by a
fraternity, sorority, fraternal lodge or similar organization, but not including any casino, nightclub or similar
establishment.
Community residential home. A dwelling unit licensed to serve clients of the state department of
children and family services,which provides a living environment for unrelated residents who operate as
the functional equivalent of a family, including such supervision and care by supportive staff as may be
necessary to meet the physical, emotional and social needs of residents.The clients are limited to:
children (as defined in § 39.01(8)and (10), Florida Statutes); the aged (as defined in §400.618(3),
Florida Statutes); physically disabled or handicapped (as defined in§ 760.22(7)(a), Florida Statutes);
developmentally disabled (as defined in §393.063(7), Florida Statutes); and mentally ill (as defined in §
394.455(18), Florida Statutes)who do not constitute a direct threat to the health, property and safety of
the neighborhood; it shall not include homes for social rehabilitation.
(Ord. No. 531, §5, 7-19-90)
Court Any exterior space on a plot other than a yard.
9
Development order. Any order granting, denying, or granting with conditions an application for a
development permit.
(Ord. No. 531, §5, 7-19-90)
Development permit. Any building permit, plat approval, rezoning, special zoning approval, site
plan approval, or other action having the effect of permitting development.
(Ord. No. 531, §5, 7-19-90)
Domestic pets. Shall have the same meaning as household pets.
Drainage facilities. A system of manmade structures designed to collect, convey, hold, divert or
discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention
structures.
(Ord. No. 531, §5, 7-19-90)
Dwelling. A building containing dwelling units.The term"one-family dwelling"or"multifamily
dwelling"shall not be deemed to include hotel, motel, rooming house or other accommodation used for
more or less transient occupancy.
Dwelling, one-family. A building containing only one dwelling unit.
Dwelling, multifamily.A building or portion thereof containing more than one dwelling unit; or a
group of two or more dwellings of any type occupying a plot in one ownership and having any yard or
court in common.
Dwelling unit. Living accommodations with cooking facilities for one family.
Family. One or more persons living as a single housekeeping unit and consisting of either.
(a) Any number of persons related by blood or marriage; or
(b) Not more than two persons not related by blood or marriage.
(Ord. No. 377, § 1, 4-2-74, Ord. No. 510, §2, 5-17-88, Ord. No. 560, §§ 1, 2, 7-20-93)
Garage, repair.Any place in which repairs are made to motor vehicles other than minor repairs
incidental to the operation of a gasoline station.
Minor motor vehicle repairs.Any motor vehicle repair, excluding any body work,welding,
painting, engine or radiator rebuilding,transmission repair, repair work on buses or trucks of one and one-
half-ton capacity or more.
(Ord. No. 556, §5, 2-16-93)
Cross reference—Supplementary regulations;prohibited uses,App. A, §501(w).
Gasoline station. Any place that is used primarily for the retail sale and direct delivery to motor
vehicles of gasoline, lubricating oil and minor motor vehicle accessories, but not including the keeping of
any vehicles for rental or the performance of any auto body work,welding, painting or other than
emergency repairs on any motor vehicle, and not including any repair work on buses or on trucks of one
and one-half ton capacity or more.
Green space. An area on a plot that is not occupied by buildings or impervious surfaces of any
kind and that is located at ground level.
10
Hedge. A planting of vegetation,with or without openings and regardless of width, that
constitutes a barrier more than six feet in length.
Home professional office. An office or studio for an occupation conducted as an accessory use
which is clearly ancillary and secondary to the use of the dwelling for residential purposes and which
complies with Sec. 539.
Hospital, Any place for the treatment or other care of human ailments in which overnight
accommodations are provided.
Hotel.Any place containing sleeping accommodations in other than a dwelling as defined in this
article. The term"hotel' includes also motel, motor lodge, tourist home and any similar establishment.
Household pet. Dogs, cats, birds, reptiles, rabbits, guinea pigs, hamsters, fish and turtles
customarily kept in the dwelling unit for pleasure rather than for utility or commercial purposes, but shall
not include livestock or exotic or wild animals which would require a permit from the state allowing such
animals to be sold or possessed.
Level of service. An indicator of the extent or degree of service provided by, or proposed to be
provided by a facility based on and related to the operational characteristics of the facility. Level of service
indicates the capacity per unit of demand for each public facility.
(Ord. No. 531, §5, 7-19-90)
Loading unit. An off-street space available for the loading or unloading of goods, not less than 12
feet wide,25 feet long, and 14 feet high.
(Ord. No. 436, §§3, 4, 12-1-81)
Masonry construction. Masonry construction shall be as described in Section 523.1.
(Ord. No. 403, §§ 1, 2, 7-18-78, Ord. No. 417, §§ 1, 2, 4-1-80, Ord. No. 433, §§ 1, 2, 10-20-81; Ord. No.
450, §§2, 4, 12-21-82, Ord. No. 461, § 1, 12-6-83; Ord. No. 543, §§ 1-3, 9-25-91; Ord. No. 553, §§ 1, 2,
12-1-92)
Nonconforming building.A building that does not conform to the regulations prescribed in this
ordinance for the district in which it is located but which was lawfully in existence at the time of the
adoption of the regulations to which it does not conform.
Nonconforming b0ding-ef use. The use of a structure, premises or land that does not conform to
the regulations prescribed in this ordinance for the district in which it is located but which was lawfully in
existence at the time of the adoption of the regulations to which it does not conform and which has
continued thereafter without substantial interruption.
Open-air cafe. An open-air cafe is an outdoor dining area located on a public sidewalk or right-of-
way, or on private property, adjacent to and a part of a conventional, established restaurant; providing
tables, chairs or benches, where patrons may consume food and beverages provided by the restaurant.
(Ord. No. 625, § 1, 9-19-00)
Open space. All that area of a plot at ground level that is not occupied by main building or by
roofed accessory structures.
Parking lot. An area of land used exclusively for the standing of motor vehicles other than as an
accessory use.
11
Parking unit. Each parking space required by this ordinance shall be not less than that required in
Section 521.
(Ord. No. 436, §§5, 6, 12-1-81)
Plat.A map or delineated representation of the subdivision of lands, being a complete exact
representation of the subdivision and other information in compliance with the requirement of all
applicable sections of this chapter and of any local ordinances, and may include the terms"replat,"
"amended plat,"or"revised plat."
(Ord. No. 531, §5, 7-19-90)
Plot. A parcel of land, not necessarily coinciding with a lot or lots shown on a map of record,
which is occupied or to be occupied by a building and, if any, its accessory buildings, or by a group of
buildings having any yard or court in common and, if any,the buildings accessory to such group, together
with the open spaces appurtenant to such building or group, and which parcel has frontage on a platted
street.
Plot area. The total area of the normally dry land of a plot within the boundary lines thereof.
Plot, comer. A plot bounded on two or more sides by contiguous street lines having an interior
angle of 135 degrees or less.
Plot depth. The mean distance from the front street line of a plot to its rear line.
Plot, interior. Any plot other than a comer plot.
Plot through.A plot bounded by two or more noncontiguous street lines.
Plot width. The least dimension of a plot at a distance from the front street line thereof specified in
this ordinance as the required minimum depth of a front yard in the district in which such plot is located.
Room count. The number of rooms in a dwelling unit, counting as a room any floor space of 40 or
more square feet in area that is enclosed by partitions or walls having doors or other openings for access,
but not including bathrooms or kitchens or any space not included in computing building cubage.
School,public. A school, college or other educational institution operated by a public agency.
Sign. Any device for visual communication, including illumination of such device or illumination by
itself,that is used for the purpose of bringing the subject thereof to the attention of the public outside a
building. Signs shall be deemed to be of the following classes:
(a) Incidental signs. Signs incidental and appurtenant to a use conducted on the same plot,
or signs of notice or direction displayed by any governmental agency;
(b) Advertising signs.All other signs than incidental signs.
(Ord. No. 522, §2, 8-1-89)
Sign area. The area within the shortest line that can be drawn around the outside perimeter of the
face of a sign, including all decoration and illumination, but excluding supports, if any and as further
described in Section 504.1.
12
Story. That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or roof above.
Street. A public thoroughfare, however designated,that affords the principal means of access to
abutting land.
Street grade.The level of the surface of the pavement,top of curb, or surface of cement
sidewalk, as established by the village,whichever is the highest.
Street line. Any exterior line bounding a street.
Structural alteration.Any change in the supporting members of a building.
Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites,
units, or any other division of land, and includes establishment of new streets and alleys, additions, and
resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands
or area subdivided.
(Ord. No. 531, §5, 7-19-90)
Swimming pool. Swimming pools shall be deemed to be of the following classes:
(a) Accessory. A swimming pool located on the same plot with a dwelling or university,
incidental and appurtenant to the use thereof, and not open to the general public;
(b) Commercial.Any swimming pool, other than a public swimming pool, that is open to the
general public;
(c) Public.A swimming pool operated by any public agency.
Use. The specific purpose for which land or a building is designed, arranged, or intended to be or
for which it is occupied or maintained. Any private driveway giving any access to any use shall be
deemed to be a part thereof whether located on the same plot or not. The term"permitted use"shall not
be deemed to include any nonconforming use.
Yard. An open space of uniform width or depth on the same plot with a building or a group of
buildings, which open space lies between the building or group of buildings and the nearest plot line and
is unoccupied and unobstructed from the ground upward except for certain features specified in Article V.
If the chord of the arc of a curved plot line lies within the plot, the measurement of a yard shall be taken
from the nearest point of the building or group of buildings to a line parallel to the chord and lying midway
between the chord and a line parallel thereto and tangent to the arc of the chord.
Yard, front. A yard extending across the full width of the plot and lying between the front line of
the plot and the building or group of buildings.
Yard, rear. A yard extending across the full width of the plot and lying between the rear line of the
plot and the building or group of buildings.
Yard, side. A yard between a side line of a plot and the building or group of buildings and
extending from the front yard to the rear yard or, in the absence of either of such yards,to the front or rear
plot line, as may be.
13
ARTICLE III. - DISTRICTS AND DISTRICT MAP [44]2
Sec.300.-[Classes of districts.)
The territory of the village is hereby divided into the following classes of districts:
(a) One-family residential districts (which may be referred to collectively or severally as "R"
districts) of the following classes, differentiated with respect to required minimum cubage
of buildings, as set forth in this ordinance:
R-35 R-18.5
R-30 R-17.5
R-28 R-16.5
R-26 R-15.5
R-25 R-15
R-23 R-14.25
R-22.5 R-13
R-21 R-12.5
R-20
(b) Multifamily residential districts (which may be referred to collectively or severally as "A"
districts)of the following classes:
A-1 Multifamily
A-2 Multifamily and hotel
(c) Nonresidential districts of the following classes:
PRO Planned residential—office district
B-1 Local business
B-2 Transient business
C Limited commercial
2(44)Cross reference—Historic districts and archaeological zones, § 11-5(b)(3).
14
CF Community facilities district
S-1 Special use—university
P Park district
PK Parking lots only
(Ord. No. 498, §2(a), 12-2-86, Ord. No. 531, § 7, 7-19-90, Ord. No. 559, §§ 1, 2, 5-18-93)
Sec.301.-[Zoning map adopted.]
The aforesaid districts are hereby established as the designations, locations and boundaries
thereof are set forth and indicated on a map entitled "Zoning Map, Miami Shores Village," which map,
properly identified, is hereby adopted as a part of this ordinance, insofar as it indicates said designations,
locations and boundaries.
(Ord. No. 559, §§3, 4, 5-18-93) (note zoning changes ord no. date, church and parking lot)
Editor's note— The zoning map is not set out herein, but is on file and available for inspection in the
office of the village clerk.Amendments to said map are noted by the history note following§301
Sec.302.-[Construction of map.]
In construing the said map, the following rules shall apply:
(a) Where district boundaries are indicated as approximately following the boundary lines of
streets, alleys, railroads, public lands or channels or bodies of water, such lines shall be
construed to be such boundaries.
(b) Where such boundaries are indicated so that they approximately follow the lines of lots or
other parcels of record and are not more than ten feet distant therefrom, such lot or
parcel lines shall be construed to be such boundaries.
(c) If the foregoing rules do not apply, the location of a district boundary, unless the same is
indicated by dimensions shown on said map, shall be determined by use of the scale
appearing thereon.
(d) Where a street or alley shown on the Official Zoning Map is hereafter officially vacated by
replatting or otherwise, the land formerly in such street or alley right-of-way shall be
included within the zoning district of adjoining property owned in common thereat on
either side of said vacated street or alley. In the event such street or alley was a district
boundary between two (2) or more different zoning districts, the district boundary shall be
the former centerline of such vacated street or alley.
ARTICLE IV. - ESTABLISHMENT OF REGULATIONS
Sec.400.-[Schedule of regulations adopted.]
The schedule entitled "Schedule of Regulations" and properly identified as a part of this article is
hereby adopted and declared to be a part of this ordinance. The regulations listed in said schedule for
each district are hereby adopted and prescribed for such district, subject to the provisions of Article V,
and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of
their application.
15
Sec.401.-[Compliance with schedule of regulations generally.]
No building shall hereafter be erected nor shall any existing building be moved, altered, added to
or enlarged nor shall any land or building be used for any purpose other than is included among the uses
listed in the aforesaid schedule as permitted in the district in which such building or land is located nor in
any manner contrary to the requirements specified in said schedule or otherwise set forth in this
ordinance or imposed pursuant to any of said regulations.
Sec.402.-[Compliance with cubage restrictions.]
No building shall hereafter be erected nor shall any existing building be moved, altered, added to
or enlarged except in conformity to the requirements as to minimum cubage of buildings and type of
construction set forth in the aforesaid schedule for the district in which such building is located.
Sec.403.-[Compliance with height restrictions.]
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the
limit designated in said schedule for the district in which such building is located.
Sec.404.-[Compliance with space and area restrictions.]
No building shall hereafter be erected, nor any existing building be structurally altered, except in
conformity with the regulations regarding space and area as set forth herein, provided that the minimum
plot width and area regulations shall not apply to any platted lot having less than the required width of 75
feet where permanent improvements have been erected on both side lots contiguous thereto, and such
lot is, upon the adoption date of this ordinance, owned by someone other than the then owner of a side
contiguous lot.
(Ord. No. 288, § 1, 6-3-58, Ord. No. 361, § 1, 3-7-72, Ord. No. 405, §§ 1, 2, 8-15-78)
Sec.405.-[Reserved.]
Editor's note—
Ord. No. 629-01, § 2, adopted Feb. 20, 2001, completely repealed the provisions of § 405 which
pertained to off-street parking and loading space and derived from Ord. No. 436, §§ 7, 8, adopted Dec. 1,
1981.
Sec.406.-[Reduction of plot area so as to provide for smaller yard or open space prohibited.]
No plot area shall be reduced or diminished so that the yards or other open spaces thereon will
be smaller than prescribed by this ordinance. Any vacant land subject to new construction shall have at
least ten percent of the required yard area pervious to rainfall whether by grass, landscaping or other
techniques acceptable to the director of planning and zoning.
(Ord. No. 531, § 10, 7-19-90)
Sec.407.-[Yard or open space contiguous to building not considered as providing yard or open
space for another building.]
Except as designated on any site plan approved under the provisions of Article VI and except as
provided with respect to off-street parking space, as set forth in said article, no yard or other open space
provided contiguous to any building for the purpose of complying with the provisions of this ordinance
shall be considered as providing a yard or open space for any building.
Sec.408.-[Yard or open space on one plot not considered as providing yard or open space on
another plot.]
No yard or other open space provided on one plot for the purpose of complying with the
provisions of this ordinance shall be considered as providing a yard or open space required on any other
plot.
16
Sec.409.-[Required yards.]
Yards identified as required yards shall be the minimum required open space for front, rear, and
side yards, as distinguished from any yard area in excess of the minimum required.
Required yards for waterfront properties' shall be regulated by DIVISION15. WATERFRONT
LANDS, Sec. 534 (d)[Development]
Sec.410.-[Building permits already obtained,work already begun.]
None of the regulations contained in this ordinance shall be deemed to require any change in the
plans, construction or designated use of any building or in any work on an existing building (a) for which
construction or work a lawful building permit was obtained prior to the adoption of this ordinance or of any
amendment thereof under which such building or work would not be permitted, (b) which construction or
work has begun within 60 days after the obtaining of such permit and was substantially under way(to the
extent of the actual placing of construction materials in their permanent position) at the time of the
adoption of this ordinance or of such amendment, and (c) which construction or work is diligently carried
on to completion and is completed within 12 months after the issuance of such permit.
17
Sec.400
SCHEDULE OF REGULATIONS
Being a Part of Article IV of the Miami Shores Village Zoning Ordinance No.270
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building Provided in Article V.
Cubage 2
for Dwellings c
(See Sec.206 v
R-35 35,000 cubic feet Masonry Site plan review and approval by the planning board is 1.One-family dwellings-but not more than one dwelling on any one plot.
2.Parks,playgrounds and other lands and reservations owned and operated by the
R-30 30,000 cubic feet required for the following: village,including all uses customarily incidental thereto,but not including any place
R-28 28,000 cubic feet 1.New dwellings. for the storage of other than passenger vehicles,or of construction materials or
R-26 26,000 cubic feet 2.Additions to dwellings. equipment for use other than on the same parcel of land.
R-25 25,000 cubic feet 3.Home occupation and professional offices.
R-23 23,000 cubic feet 3.Cabanas. 4.Any use consisting of the tilling of the soil,but not any use including any
R-22.5 22,500 cubic feet 4.Garages,storage buildings and all similar structures commercial greenhouse or the keeping of any livestock other than domestic pets
except utility sheds permitted under Sec.516(e). and as otherwise regulated by Sec.501 (y).
R-21 21,000 cubic feet 5.Incidental signs as provided in Article V.
R-20 20,000 cubic feet 5.Conversion of garages,cabanas or storage structures to
living space. 6.Commercial picture origination of television or films,including both motion and
R-18.5 18,500 cubic feet still pictures,when authorized by license from Miami Shores Village Ordinances
R-17.5 17,500 cubic feet 6.Changes to the faetae of single-family dwellings. with reference to license costs,hours of permitted activities,and other appropriate
R-16.5 16,500 cubic feet 7.Metal roofs and metal roof color on single-family conditions.
R-15.5 15,500 cubic feet dwellings and accessory buildings.
R-15 15,000 cubic feet 8.Docks,davits and boat lifts. The following is a partial list of uses deemed to be not included in the foregoing
R-14.25 14,250 cubic feet 9.Any permitted accessory structure located within the authorized uses nor in the list of permitted uses in the districts,as hereinafter set
R-13 13,000 cubic feet required 15 feet shoreline setback. forth,unless expressly authorized:
R-12.5 12,500 cubic feet 10.Pools and pool decks in the front yard that are
otherwise permitted by this ordinance. 1.Guest houses.
2.Accessory dwellings.
3.Kitchens or bedrooms in accessory structures.
4.More than one kitchen per dwelling.
A-1 For one-familyMason Site plan review and approval by the planning board is
Masonry required for the following: 1.All uses permitted in R districts,as permitted therein.
dwellings: In each Site plan review and approval by the planning board is 2.Multifamily dwellings and dwelling groups.
block,the same required for the following:
as specified for
the nearest 1.New one-family,multi-family dwellings and dwelling
groups.
adjacent R
district,or the 2.Changes to the fagade of one-family and multi-family
dwellings.
least of such 3.Additions to multi-family dwellings and residences in
foregoing dwelling groups or modifications to site plans.
requirements if 4.Accessory cabanas,garages and similar structures.
they differ. 5.Conversion of garages,cabanas or storage structures to
18
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building 2 Provided in Article VI.
Cubage 2
for Dwellings c
(See Sec.206 v
For multifamily living space.
dwellings:No 6.Metal roofs and metal roof color on single-family
requirement. dwellings,multi-family dwellings and accessory buildings.
7.Docks,davits and boat lifts.
8.Any structure located within 5 feet of the rear or side plot
line on shoreline properties.
Site plan review and approval by the planning board is
A-2 Same as specified Masonry required for the following: 1.All uses permitted in R districts,as permitted therein.
for A-1 districts. 1.New of or the one-family,l wingmulti-family dwellings and dwelling 2.Multifamily dwellings and dwelling groups.
groups. 3. Hotels,subject in each case to the requirements of Sec.543 and to all other
2.Changes to the fagade of one-family and multi-family applicable provisions of this code of ordinances.
dwellings.
3.Additions to multi-family dwellings and residences in
dwelling groups or modifications to site plans.
4.Accessory cabanas,garages and similar structures.
5.Conversion of garages,cabanas or storage structures to
living space.
6.Metal roofs and metal roof color on single-family
dwellings,multi-family dwellings and accessory buildings.
7.Docks,davits and boat lifts.
8.Any structure located within 5 feet of the rear or side plot
line on shoreline properties.
9.Hotels.
PRO Not applicable. Masonry See under Permitted uses for site plan requirements. 1.All uses permitted in R districts,as permitted therein as a use by right.
2.Office buildings of a residential type of architecture in exterior design,as a matter
of right if for the use of doctors,dentists,lawyers,engineers,surveyors,abstract
title companies,accountants,actuaries,insurance adjusters,auditors,insurance
and bonds,manufacturers'agents,and similar uses that may be approved by the
village council,but not for clinics or for treatment involving overnight care,and not
including ambulance service.In all cases the site plan,design of building and
display of signs in connection therewith,are to be subject to the approval of the
planning board,as provided in Article VI.
3.By special approval of village council after site plan approval by the planning
board in accordance with Article%A other office uses in structures of nonresidential
or residential architecture.Such uses shall not include display,storage or handling
of merchandise on the premises.However,retail and service facilities may be
19
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building 3 Provided in Article VI.
Cubage 2
for Dwellings c
(See Sec.206 v
permitted within an office building such as barber shops,beauty shops,
newsstands,and retail stores for sale of books,gifts,flowers,tobacco,drugs and
sundries.Such uses shall occupy no more than 25%of the floor space of the
building.
B-1 Not applicable Masonry No use of any kind shall be established except in Food operations:
accordance with a site plan approved by the planning board Restaurants
as provided in Article VI,and no building shall be erected or Cafeterias
altered in exterior appearance except in accordance with a Catering services
design thereof approved by the planning board as provided Take-out food service
in Article Vl. Health-care operations:
Site plan approval shall be required for the following and Clinical laboratories
shall be referred to the planning board as provided in Dentist
Article VI for review and the recommendation.The planning General medical clinic
Optical services and supplies
board recommendation shall be forwarded to the village physicians
council for final determination: X-ray clinic
1.Bookstores. Office operations:
2.Outdoor cafes located on public property. Business offices
Personal care operations:
Site plan review and approval by the planning board as Barber/beautician
provided in Article VI is specifically required for the Child care
following: Dance studio
Exercise studio
1.Signs. Professional operations:
2.Outdoor cafes located on private property. Accountants
3.Dodos,davits and boat lifts. Actuaries
4.Any structure located within 15 feet of the rear or side Advertising agency
plot line on shoreline properties. Appraisers
Architects
Attorneys
Banking—financial
Communications
Insurance adjusters
Investigators
Investment services
Real estate
20
District Minimum a Site Plan Review Required By the Planning Board as Permitted Uses
Building 0 Provided in Article VI.
Cubage 2
for Dwellings o
(See Sec.206 U
Tax services
Retail operations:
Artwork and frame shop
Appliance dealers
Antiques--collectibles
Domestic supplies
Bookstores w/stipulations
Bakery
Butcher
Card shop
Carpet and drapes shop
Ceramics—pottery
Clothiers
Coin and stamp
Computers and accessories
Cosmetics
Electronics
Engravers—trophy makers
Fabrics
Firearms and accessories
Flooring
Florist—plants
Furniture
B-1 Masonry Gift shop
conVd. Grocery store
Hardware
Jewelers
Lighting supplies
Locksmith
Music
Pet supply
Pharmacy
Photographer
Sporting goods store
Stationary—office supplies
Toys,hobbies and crafts store
21
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building .2 Provided in Article VI.
is
Cubage 2
for Dwellings c
(See Sec.206 V
Service and repair operations:
Blueprint production
Business systems
Data processing
Dry cleaner—laundry
Employment agency
Mail service
Printing service
Store repairing
Sign painting
Tailoring
Telephone store
Travel and tour agency
The following is a partial list of uses deemed to be not included in the foregoing
authorized uses nor in the list of permitted uses in district B-2 zones,as hereinafter
set forth,unless expressly authorized:
Abortion clinics
Adoption services
Adult novelties
Amusement arcades
Bail bonds
Bingo halls
Car wash
Clubhouses and meeting halls
Dating service
Drug addiction clinic
Escort services
Funeral services
Gasoline--service stations
Massage parlor
Mechanical repair
Modeling agency
Movie theaters
Pawn shops
Pest control services
Psychic—palm reader—spiritualist
Soup kitchens
22
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building Provided in Article V.
Cubage 2
for Dwellings c
(See Sec.206 v
Storage
Used merchandise sale
Veterinary clinic
B-1 Notwithstanding the prohibition of bookstores generally,bookstores shall be a
cont'd. permitted and authorized use if,and only if,the following criteria are met:
1.No sale or display of any printed or recorded material which depicts"sexual
conduct"as defined in Section 837.001 (1993),Florida Statutes shall be permitted;
2.Such establishments must be spaced no less than 1,000 feet apart,measuring in
a straight line,from the nearest property line of any existing bookstore,to the
nearest property line of the proposed bookstore;
3.No operation shall be permitted between 10:00 p.m.and 9:00 a.m.;
4.All such establishments shall require a glass storefront design which allows law
enforcement officers to see into the entire sales and display area of the building
from patrol vehicles and on foot;
5.There shall be a limitation on window signs and displays within three(3)feet of
the windows such that no more than twenty-five(25)percent of the glass area may
be obscured;
6.In-store gondolas,displays and aisles shall be aligned so as to allow observation
by law enforcement officers from patrol vehicles and on foot;
7.Such establishments shall set minimum lighting levels as 5.0 foot-candles at the
task surface for the interior,5.0 foot-candles for the exterior,and 3.0 foot-candles
for parking areas;and such standards shall apply during all hours of operation and
be reduced to 1.0 foot-candles for the interior and for other areas after hours;and
8.Such establishments shall be subject to site plan review and special approval by
the village council pursuant to the standards and procedures set forth in Article VI,
in general,and Section 602,in particular.
B-2 Not applicable. Masonry No use of any kind shall be established except in 1.All uses permitted in B-1 districts,subject to all limitations therein,except that
accordance with a site plan approved by the planning board restaurants in which service is provided primarily at tables or counters entirely within
as provided in Article VI,and no building shall be erected a building may also provide service,except for beer and wine to occupants of motor
or altered in exterior appearance except in accordance with vehicles standing entirely within the boundaries of the plot on which such restaurant
a design thereof approved by the planning board as is located and in places designated therefor on the site plan approved for such use,
as provided in Article V.
provided in Article V. 2.Video salestrentals w/stipulations.
Site plan review shall be required for the following and shall 3.Hotels,subject to the regulations applying to hotels in A-2 districts.
4.Veterinary clinics without boarding facilities.
be referred to the planning board as provided in Article VI 5.Gasoline stations and minor motor vehicle repair.
for review and the recommendation of the planning board 6.Establishments for general motor vehicle repair which may include body work,
23
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building Provided in Article V.
Cubage
for Dwellings o
(See Sec.206 v
shall be forwarded to the village council for final welding and painting)but only in connection with sales and show rooms for new
determination: automobiles and on the same plot therewith.
7.(a)Establishments supplying hourly dry cleaning and similar kinds of cleaning of
1.Bookstores. wearing apparel.
2.Hotels. (b)All cleaning solutions and detergents used in such establishments shall be
3.Outdoor cafes located on public property. odorless and methods of using the same as well as the containers in which they are
Site plan review and approval by the planning board shall kept shall be approved by the board of fire underwriters and no noxious fumes or
vapors shall be permitted.
be specifically required for the following: (c)All such businesses shall be so operated so as not to constitute any public or
1.Signs. private nuisance.
2.Video sales and rentals. (d)Every business so conducted shall not employ more than five employees which
3.Outdoor cafes located on private property. shall include within its scope the owners and operators of said business,and shall
not occupy floor space of more than 1,500 sq.ft.in any one approved location.
(e)Duly authorized officials of this village shall have the right at all reasonable times
to inspect the premises of businesses permitted hereunder.
8.Package stores.
C Not applicable. Masonry All uses permitted In C districts shall conform to standards 1. All uses,other than dwellings,that are permitted in R districts.
set forth in Article V. 2.Offices for business or professional use,but not including the retail sale of good
Site plan review and approval by the planning board shall materials or products,or any place of entertainment or amusement.
be required for the following: 3.Storage warehouses for food products,feed,household and garden supplies,or
similar goods.
1.New buildings. 4.Scientific research laboratories.
2.Additions to buildings. 5.Pharmaceutical laboratories.
3.Changes to the fagade of buildings. 6.Cabinet making.
4.New uses. 7.Film processing.
5.The expansion in gross square footage of any permitted 8.Manufacture of any of the following:Clocks,watches,handcraft products,novelty
any accessory use that would increase the parking
requirement. products,hearing sides,optical instruments,precision instruments,surgical
requirement.
6.Any change in use except for uses that are the same or instruments and dressing.
less intense than the use it is proposed to replace. 9.Any use consisting of light fabrication,processing or handling of products,goods
6.Signs. or materials that is determined by the planning board,by a finding made pursuant to
7.New site plans or alterations to existing site plans. a specific application,or by a general rule,and on the basis of such technical
information as said board may deem to be necessary,to be similar to the foregoing
specifically permitted uses with respect to general character,type of operation,
traffic resulting from or in connection with the use,or other features,but not
including any dwelling or hotel or any theater or other place of entertainment or
amusements,or any use involving the retail sale of any good or products,includin
the sale of meals,beverages or refreshments.
10. Incidental signs as permitted in Article V.
24
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building Provided in Article VI.
Cubage 2
for Dwellings c
(See Sec.206 v
11.Exercise studios.
12.Health-Care operations:
Clinical laboratories
Dentist
General medical services
Optical services and supplies
Physicians
X-Ray clinics
Home health care provider
Psychologists
Medical diagnostic center
Physical therapy
S-1 No requirement Masonry Site plan review and approval by the planning board shall 1.All uses permitted in R districts,as permitted therein.
be required for universities.Development that is consistent 2.Universities,including all buildings and uses customarily appurtenant thereto.
with a campus master plan approved by the planning board 3.Signs in connection therewith,are to be subject to the approval of the planning
shall not require further review by the planning board at the board,as provided in Article VI.
time of actual construction.
P Not applicable. Masonry 1.Park and recreation facilities owned by the village or by Miami-Dade County.
CF Not applicable. Masonry Site plan review and approval by the planning board is 1.Public libraries.
required for the following: 2.Village governmental uses.
3.Churches and other places of worship including accessory educational and
1.New buildings. recreational facilities.
2.Additions to buildings. 4.Public schools.
3.Changes to the fagade of buildings. 5.Subject to Special Approval by the Village Council:
4.New uses. (a)Private elementary and secondary schools.
5.Accessory uses under paragraph 6 of Permitted Uses. (b)Public utility installations to serve the Village.
5.The expansion in gross square footage of any permitted 6,Subject to site plan approval by the Planning Board as provided in Article VI:
or any accessory use that would increase the parking (a) One accessory dwelling of not less than 400 sq.ft.and not more than 1000
requirement. sq.ft.or fifty(50)percent of the gross floor area of the church or other place
6.Any change in use except for uses that are the same or of worship In which it Is located,whichever is less,
less intense than the use it is proposed to replace. (b) An accessory rectory,convent or monastery located on the same plot as the
6.Signs. church or other place of worship.
7.New site plans or alterations to existing site plans. (c) An accessory office to a church or other place of worship may be located in a
single-family detached dwelling provided there are no exterior modifications
25
District Minimum c Site Plan Review Required By the Planning Board as Permitted Uses
Building Provided in Article VI.
Cubage 2
for Dwellings o
(See Sec.206 V
to such dwellings or indications that the structure is other than a single-family
detached dwelling
PK Not applicable Masonry No parking lot or parking structure shall be established 1.Parking lots,and parking structures subject in each case to approval of a site
except in accordance with a site plan approved by the plan thereof by the planning board,as provided in Article VI.
planning board as provided in Article VI,and no parking lot
or building shall be constructed or altered except in
accordance with a design thereof approved by the planning
board as provided in Article VI.
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
R-35 Width:75 feet For dwellings:2 For dwellings:Equivalent For dwellings:10 ft., For dwellings: 15 ft. The floor area of all
R-30 Area:7,500 sq.ft. stories,and shall not to the median of the except that on a comer For swimming pools: roofed accessory
R-28 exceed 30 ft.in height, depths of existing front plot the rear line of From the inside face structures shall not
R-26 For other buildings:40 yards in the same block which adjoins the side of pool wall to the lot exceed the floor
R-25 ft.,excepting,for all and lying within a line of a plot to the rear, line there shall be a area of the dwelling
the side and on the g
26
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
R-23 buildings,the features distance of 100 ft.on street side shall have a 7'/.-ft.minimum on the same plot
R-22.5 specified in Article V each side,but not less width of not less than 15 setback;from the and may be further
R-21 and subject to the than 25 ft.or necessarily ft• pool deck or screen restricted by plot
R-20 conditions set forth greater than 35 ft.;or 25 For swimming pools: enclosure to the lot coverage regulation.
R-18.5 therein. ft.if not more than one line there shall be a
From the inside face of Location:In rear
R-17.5 building exists within said pool wall to the plot line 5-ft.minimum
R-16.5 Accessory buildings: 100 ft.on each side. there shall be a 121/2-ft. setback.The Yard only as defined
Not to exceed the in Sec.201,not less
R-15.5 minimum setback;from shoreline setback for
R-15 height of the dwelling Swimming pools are not the pool deck or screen accessory structures than 15 ft.from the
R-14.25 located on the same permitted in any required enclosure to the lot line shall not apply I to main building and
R-13 plot. front yard. there shall be a 10-ft. not less than 10 ft.
minimum setback.The pools,their decks or
R-12.5 For other buildings:Same screen enclosures. from any plot line of
g shoreline setback for contiguous plot that
as for dwellings. accessory structures
Provided as follows with shall not apply to pools, bounds a side or
respect to other buildings: their decks or screen For other buildings front yard or not less
(a)If a building occupies enclosures. or structures: Same than 5 ft.from any
a plot surrounded on at as for dwellings other plot line;
least 3 sides by streets, For other buildings or unless otherwise provided that on a
the yards adjacent to structures: Same as for specified in this comer plot the rear
such streets shall have dwellings unless
such dimensions as are otherwise specified in aside line of a Code of Ordinances. line of which adjoins
specified on a site plan this Code of Ordinances. Provided as follows plot
for such building, to the rear,no
approved b the planning with respect to other accessory building
pp y p g Provided as follows with ry 9
board as provided in buildings:
p respect to other shall be located
Section VI. buildings: (a)If a building nearer to the side
(a)If a building occupies occupies a plot street line than a
a plot surrounded on at surrounded on at distance equal to
least 3 sides by streets, least 3 sides by the depth of front
the yards adjacent to streets,the yards and wired on the
such streets shall have Y required adjacent to such
such dimensions as are streets shall have plot to the rear,
specified on a site plan provided further,
for such building, such dimensions as that a swimming
approved by the are specified on a pool enclosure may
planning board as site plan for such
provided In Section VI. building,approved be located in any
by the planning side yard but not
board as provided in less than 10 ft,from
the side plot line;
27
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
Section VI. provided further,
that no door of an
accessory building
opening on an alley
shall be located not
less than 20 ft.from
the center thereof.
Accessory building
shoreline setback;
15 ft.
Coverage:Not more
than 20%of the
area of a rear yard,
shall be covered by
roofed structures
with roofs that are
more than 50
percent open to the
sky,except that
fabric or metal
roofed structures
permitted under
Sec.523.1 (i)that
are attached to the
dwelling need not be
included in
computing said
coverage.Fences,
walls and hedges
shall conform to the
provisions of Article
V.
A-1 Width:75 feet Same as specified for For dwellings of all types: For one-family dwellings: For one-family
Area:7,500 sq.ft.,with R districts. 25 feet Same as specified for dwellings:Same as
a construction specified for
28
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
limitation of 1 square dwellings in R districts. dwellings in R
foot of floor area for For other buildings:Same districts.
each 2 square feet of as specified for"other For other buildings:
plot area(Floor Area buildings"in R districts. Some as specified for For other buildings:
Ratio of.5),but not "other buildings"in R Same as specified
less than the following districts. for"other buildings"
area for each dwelling in R districts.
unit located on the
plat,computed in
accordance with the
following room count
per dwelling unit:
No.of
Rooms
Lot Area
per Dwelling
Unit
1 ...............1,400 sq.ft.
2...............1,800 sq.ft.
3...............2,200 sq.ft.
4 or more.2,600 sq.ft.
(See Sec.236
A-2 Width:75 feet. Same as specified for Same as specified for A-1 Some as specified for A- Same as specified
Area:7,500 sq.ft.,with A-1 districts. districts. 1 districts. for A-1 districts.
a construction
limitation of 1 square
foot of floor area for
each 2 square feet of
plot area(Floor Area
Ratio of.5)
PRO Same as specified for For buildings permitted For uses permitted in R
R districts. in R districts:Same as districts:All regulations
specified for such applying to yards and
buildings in R districts. accessory buildings shall
29
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
For other buildings: be the same as specified
One story:20 feet. for R districts.
For other uses:Same as
specified for R districts,
except that if a building or
group of buildings
occupies a plot or plots
surrounded on at least
three sides by streets,the
requirements as to yards
and as to location of
accessory buildings shall
be as specified on a site
plan for such building or
group,approved by the
planning board as
provided in Article VI.
B-1 For buildings permitted For buildings permitted For buildings permitted in R districts:Same as specified for such buildings in R No requirements,
in R districts: in R districts:Same as districts. except as specified
For other buildings: under rear yard
Width:75 feet. specified for such Front yard:None required. requirements for
Area:7,500 sq.ft. buildings in R districts. Side yard:None required,unless a side wall of a building is pierced by "other buildings."
For other buildings: For other buildings:40 openings,in which case a side yard not less than 5 feet in width shall be
Width:50 feet. feet.
provided adjacent to such wall.
Area:5,000 sq.ft. Rear yard:Equivalent to 10%of the depth of the plot,which required rear
yard,shall not be occupied by any accessory building.
Other regulations:
(a)Provision shall be made for the retention on the plot of all roof drainage,
with adequate drainage structures for the disposal of the same,all in
accordance with specifications designated by the village manager.
(b)All areas used for the parking of motor vehicles shall be paved in
accordance with specifications designated by the village manager.
B-2 Same as specified for For buildings permitteFor buildings permitted in R districts:Same as specified for such buildings in R No requirement,
d districts. except as may be
B-1 districts. in R districts:Same as For other buildings:As may be designated on the approved site plan for the designated on or in
30
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
specified for such plot,as provided in Article VI,except that on any plot abutting a state highway, connection with the
buildings in R districts. a yard not less than 25 feet in depth or width,as the case may be,shall be site plan for the plot,
For other buildings:50 provided along the plot line contiguous to such state highway. as provided in
feet. Article VI.
C Same as specified for Same as specified for For buildings permitted in R districts:Same as specified for such buildings in R Same as specified
districts. for B-2 districts.
B1 districts. B-1 districts. For other buildings:As may be designated on the approved site plan for the
plot,as provided in Article Vl.
S-1 35 acres. Equal to the distance Such yard dimensions as may be shown on a site plan,which need cover only No limitation,except
of the building from the minimum distance of buildings from street lines,approved by the planning that no accessory
board as provided in Article VI. building shall be
any street line. located in any front
or side yard.
As may be designated on the approved site plan for the plot,as provided in No limitation,except
P No requirement. No requirement. Article VI. that no accessory
building shall be
located nearer to
any street line than
the distance of the
nearest main
building from that
street line,except
for structures
incidental to the
operation of a park
or country club.
CF 2.5 acres for churches 40 ft.except spires Same as P district. Same as P district.
and schools. and cupolas are
Otherwise no
31
District Minimum Plot Reserved Maximum Required Front Yard Required Side Yards: Required Rear Yard Accessory Buildings
Size Building Depth,and further subject Two required(except as Depth
Height to the additional otherwise specified
requirements of Sec.531 below)each having the
for arterial and collector minimum width specified
streets. below.
requirement. exempt.
PK No requirement,not 40 ft.
applicable.
(Ord. No. 297,x, 4-19-60; Ord. No. 302,, 1, 10-3-61; Ord. No. 306,4 1, 2-5-63; Ord. No. 316, 1, 5-19-64; Ord. No. 325, § 1, 3-21-67; Ord. No.
329,41, 7-18-67; Ord. No. 399, 4 1, 9-6-77; Ord. No. 436, 4 12, 12-1-81; Ord. No. 463,x, 1-3-84; Ord. No. 481,_§ 1, 8-20-85; Ord. No. 498,4
2(a), (b), 12-2-86; Ord. No. 502, §§2, 4, 12-15-86; Ord. No. 531, §§ 8, 9, 7-19-90; Ord. No. 556, §§ 1-4, 2-16-93; Ord. No. 559, §§3, 4, 5-18-93;
Ord. No. 578,_§2, 11-8-95; Ord. No. 589,_4 2, 9-3-96; Ord. No. 629-01,41, 2-20-01; Ord. No. 664-08,§ 2, 4-1-08)
32
ARTICLE V. - SUPPLEMENTARY REGULATIONS
DIVISION I. -GENERALLY
DIVISION II. - USE REGULATIONS
Sec.500.-[Permitted uses deemed to include accessory uses.]
The uses permitted in each district shall be deemed to include all uses accessory thereto and
located on the same plot therewith.
Sec.501.-[Prohibited uses.]
No use shall hereafter be established in any district unless the same is included among the uses
permitted in such district as set forth in the schedule adopted by Article IV, either by specific listing or by
the application of standards specified in this ordinance. For the purpose of clarification, the following list
sets forth uses that are among those that shall not be deemed to be permitted anywhere in the village:
(a) Advertising signs, including the type commonly known as billboards.
(b) The sale of alcoholic beverages, as the same is defined in Florida Statutes 1955, Chapter
561.01 for consumption on the premises, except on the premises occupied by a country
club ^r in an R ' this*:iGt, and except in a district zoned S-1 with reference to the sale of
beer and wine as defined by the law of the State of Florida.
(c) Except as otherwise permitted as appurtenant to a university in a district zoned S-1,
billiard rooms, pool halls, electronic video game rooms and similar places of amusement,
including "penny arcades,"except that not more than two electronic or mechanical game
machines may be installed as an incidental operation to a primary commercial enterprise.
(d) Cemeteries, undertaking establishments and other places for the retention, care or
disposal of the remains of deceased human being or animals.
(e) Commercial swimming pools.
(f) Dance halls.
(g) Fortunetelling, clairvoyance or any similar activity.
(h) Hospitals of any kind,whether for human beings or for animals.
(i) Except as otherwise permitted as appurtenant to a university in a district zoned S-1,
keeping of any kind of livestock, poultry and fowl, including pigeons, excepting, however,
domestic pets and animals kept in pet shops which are operated in accordance with the
provisions of this ordinance.
(j) Outdoor amusement devices.
(k) Storage or disposal of junk, trash, including but not limited to derelict, inoperable, or
partially dismantled trailers, boats, vehicles, machinery, refrigerators, washing and drying
machines, plumbing fixtures, or any other similar type of personal property; provided,
nevertheless, it is not the intent hereof to prohibit the deposit of such items in a usual
location for waste collection, provided it is not or will not become a nuisance, and the
same will be collected by the waste division of the public works department, or a Miami
Shores Village authorized commercial waste collector. However, in the case of
hazardous waste (as defined by the Miami-Dade County Code), [such waste] shall be
promptly transported to a certified hazardous waste disposal facility.
(1) Tourist camps.
33
(m) Use of any of the following as a dwelling of any type: accessory building, building not
designed for residential purposes, houseboat, temporary building, tent, trailer or similar
building or object.
(n) Use of other than electrical power in excess of five horsepower.
(o) Used car lots, except such display and sales of used automobiles as may be incidental
and subordinate to the conducting of a permitted establishment for the sale of new
automobiles and located on the same plot therewith.
(p) Yards for contractors'or other construction materials or equipment.
(q) Uses similar to those listed above.
(r) The storage, parking or keeping of boats, except under the following conditions:
(1) Boats of not over 26 feet in length as rated by the manufacturer may be kept,
stored or parked in R and A districts provided that:
a. No such boat shall be kept, stored or parked so that any part shall
extend into the front yard beyond the front building line;
b. Not more than one boat may be kept on any one plot;
C. Such boats and the place where kept shall be maintained in a clean,
neat and presentable condition;
d. No repairs to such boat except those of a minor nature shall be made or
performed on the premises, the making of which will not tend to disturb
the neighbors;
e. Such boat shall at all times be kept on and secured to a transporting
trailer,
f. Such boat shall not be used for sleeping or living quarters while kept on
such premises.
(s) The storage, parking or keeping of house cars, campers or house trailers:
(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 moved by its own power or by power supplied by a
separate unit, shall be kept or parked on public or private property within the
village; provided, however, that house cars, campers or trailers may be kept if
they are enclosed within the confines of a garage or parked in the backyard and
if said house car, camper or trailer or any similar vehicle is less than 20 feet in
length and ten feet or less in height, or if said vehicle is parked upon a duly
licensed or legally operating parking area.
(2) Under no circumstances and in no area, however zoned, shall any vehicle be
used as living or sleeping quarters within the village limits.
(t) The storage, parking or keeping of houseboats:
(1) No boat, houseboat, vessel or watercraft of any kind may be used as a place of
abode or dwelling while anchored, moored or tied up in any waterway, canal or
within the village limits in Biscayne Bay.
(2) No houseboat not propelled by its own power shall be allowed to remain in any of
the waterways, canals or Biscayne Bay within the limits of Miami Shores Village
for more than 12 hours.
(u) Heliports or the storage, parking or keeping of helicopters, the landing or takeoff of the
same, except in the case of police, fire or civil disorder emergencies, and then only when
34
operated under the supervision and authority of a federal, state, county or municipal
agency, and except in S-1 district.
(v) The following business operations between the hours of 1:00 a.m. and 6:00 a.m.:
(1) The sale of food, beverages, clothing, firearms and firearm ammunition.
(2) Motor vehicle sales and repairs and the sale of fuels and lubricants therefor.
(3) Theaters, banks and savings and loan institutions, churches, schools, social club
meetings, except as otherwise lawfully permitted in private residences.
(4) Massage business, public auctions. Provided, nevertheless, that there shall be
exempt from this subsection any of the above-named businesses that have been
heretofore established and are in operation upon the date of the adoption of this
subsection [December 7, 1982], unless hereafter discontinued for a period of 60
days, in which event said exemption shall terminate.
(w) Overnight outdoor storage of vehicles, including rental vehicles, in minor motor vehicle
repair establishments shall be prohibited.
(x) The outdoor display of products for sale, rent or to attract patrons shall be prohibited
except for vehicles as otherwise permitted by this ordinance.
(y) No animals, birds, reptiles or insects of any kind shall be raised, bred or kept on any plot
or buildings thereon except that dogs, cats and other household pets may be kept,
provided that they are not kept, bred or maintained for any commercial purpose. No
animal, bird, insect or reptile shall be kept in such a manner as to constitute a nuisance,
either public or private.
(z) No person shall keep, maintain, possess or harbor any household pets upon their
premises greater than a total of four (4) in number as same shall constitute prima
facie evidence of creating and maintaining a nuisance and a violation of this
chapter. The limitation established herein shall not apply to dogs or cats under
three months of age.
(aa) The sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along
public or private streets, on a swale, on public or private parking lots, or from open stands
or vacant lots shall be prohibited. Such business on private or public property shall be
conducted only from within buildings.
(bb) All commercial use activities shall be conducted within completely enclosed buildings
unless otherwise specifically provided herein.
(Ord. No. 311, § 1, 7-2-63, Ord. No. 312, § 1, 7-16-63, Ord. No. 367, § 1, 9-19-72, Ord. No. 392, § 1, 7-
20-76, Ord. No. 443, §2, 9-21-82, Ord. No. 447, §2, 12-7-82, Ord. No. 476, §2, 2-19-85, Ord. No. 493, §
2, 8-19-86, Ord. No. 531, § 11, 7-19-90, Ord. No. 556, §5, 2-16-93)
Sec.502.-[Uses customarily conducted within buildings.]
Every use customarily conducted within a building shall be conducted within a building enclosed
on all sides. It is intended by this provision to prohibit anywhere within the village:
(a) The maintaining of an open front building for any use except an accessory carport or
garden structure, and
(b) The conducting of any use outside a building except as specifically permitted in this
ordinance, including as a part of the latter such outdoor servicing of motor vehicles as is
customary in the operation of a gasoline station.
35
Sec.503.-[Use of frame shanty in connection with construction job.]
A frame shanty, constructed as approved by the building official, or construction trailer, may be
used for necessary purposes in connection with any construction job when located on the same plot
therewith and at the rear thereof, unless there is a physical obstruction to such location. Such shanty shall
be removed immediately on the completion of the job to which it is appurtenant.
Sec.504.-[Signs.]
(a) The following signs may be displayed in any district.
(1) Any flag, notice or direction displayed by any governmental agency.
(2) Any normal display of goods in a window of a permitted business establishment.
(3) Any badge or insigne, such as that of a service club, all parts of which may be
contained within a rectangle no dimension of which exceeds four feet.
(b) The following incidental signs may be displayed in any R district:
(1) Signs identifying permitted home professional offices, not to exceed four inches
in one dimension and 18 inches in the other, in black and white color only and
not illuminated, located only on a building and not protruding beyond the front
thereof, and not exceeding one sign on any one plot.
(2) Signs advertising the sale of land or the sale, rental or lease of a building, not
exceeding 120 square inches in area and not exceeding one sign on any one
plot. The sign shall be constructed of metal, plastic, wood or pressed wood and
shall be fastened to a supporting member constructed of angle iron not
exceeding one inch by one inch. The supporting member shall be driven into the
ground to provide that the top of the face of such sign shall not be more than four
feet above the finished grade of the ground. All such signs shall be lettered
professionally. Such sign shall be erected or placed so that its face is parallel to
the front property line. Such sign shall not be erected or placed closer than ten
feet to the front property line unless the main part of the building or surrounding
masonry wall is less than ten feet from the front property line, in which case the
sign may be placed in or upon a front or side door, window, elevation of the
building or surrounding masonry wall. In addition, one sign not exceeding 120
square inches in area indicating that a building is open for inspection may be
displayed thereon at such times that a person in charge of such inspection is
actually on the premises; also one sign not exceeding 32 square feet in area may
be displayed on a plot on which construction work is in progress, giving public
warning, or displaying any of the following: Name of contractor, builder or
architect for the work or materials used therein; provided that such sign is located
not less than ten feet from any front property line or at such less distance
therefrom as may be necessitated by physical obstructions, and provided further
that such sign shall be removed immediately on the completion of the exterior of
the building or on the completion of any construction work other than that of a
building. No sign permitted by this paragraph shall be illuminated.
(3) Bulletin boards and similar signs of churches, schools and clubs, not exceeding
24 square feet in area, located not less than ten feet from any street line, and not
exceeding one sign facing each street bounding the plot.
(c) The following incidental signs may be displayed in any A-1 district:
(1) For uses permitted in R districts: Such signs as are permitted in R districts.
(2) For multifamily dwellings: Four square inches of sign area for each one foot of
length of the front wall only of the building, which sign area may be displayed in a
total of not to exceed two signs on the plot which signs may face any street line
bounding the plot, but shall be located only on a building and not protruding more
36
than ten inches beyond the front thereof. The foregoing limitations as to location
shall not apply to any sign that is approved by the planning board as a
harmonious part of the architectural design of the building. Provided, however,
that when construction of a building has begun upon any parcel of land in an A
district a temporary permit may be issued for a period not exceeding nine months
from the date of the permit for such building, within which period the permittee
may be permitted to maintain a sign either on the premises or nearby and
similarly zoned though vacant property advertising the fact that the premises will
be ready for occupancy, giving directions as to its location and its intended use,
but not including sales or rental prices. Said permit shall be issued only if the
planning board has approved the location, design, color, text and size of the sign
and such action of the planning board has been approved by the council. In all
such cases, the owner shall be required to give security to the village that the
sign will be removed upon the expiration of the period specified in the permit,
such security to be either in the form of cash or bond in the discretion of the
village manager and conditioned that if the sign is not removed within the time
required the village manager may remove the same at the expense of the
permittee. If the sign is not located upon property owned by the permittee the
consent of the owner to the installation of such sign and the removal therefrom
under such conditions shall be obtained. The village council for good cause
shown may renew the aforesaid permit for a period of 90 days from the date of its
expiration.
(d) The following incidental signs may be displayed in any A-2 district
(1) For uses permitted in A-1 districts: Such signs as are permitted under the
provisions of paragraph (1) of subsection (f) of this section and subject to all
limitations specified therein, except that the aggregate sign area shall not exceed
two square feet for each one foot of building wall, measured as provided in said
paragraph.
(2) For hotels: Such signs as are approved as part of the approval of a site plan, as
provided in Article VI.
(e) The following incidental signs may be displayed in any Pro district:
(1) Such signs as are permitted in R districts.
(2) For professional office buildings: As set forth under "Permitted Uses" in the
Schedule of Regulations adopted as a part of Article IV.
(f) The following incidental signs may be displayed in B-1 or C districts:
(1) Signs advertising only a use conducted on the same plot, located only on a
building and not protruding more than ten inches beyond the front thereof and not
any distance above the roof thereof, not exceeding in aggregate sign area one
and one-half square feet in a B-1 or C district, or three square feet in any B-2
district(except that signs may protrude above the roof in a B-2 district if approved
by the planning board), for each one foot of building wall facing a street line
bounding the plot, which total may include the street frontage of driveways and
other open space on the plot to a maximum of 50 percent of the aforesaid
building dimension; provided that the foregoing limitations as to size shall not
apply to notices of current prices displayed inside the windows of retail stores or
to necessary directional signs, and that the foregoing limitation as to location
shall not apply to any sign that is approved by the village council on
recommendation by the planning board as a harmonious part of the architectural
design of the building and all other improvements on the plot.
(2) Regardless of the foregoing, signs on a parking lot shall not:
a. Exceed 12 square feet in area for any one sign;
37
b. Contain any wording or device other than such as is sufficient to identify
the lot;
C. Be illuminated at any time other than during the hours of operation of
such lot or the hours of business or other operation of the use to which
the lot is appurtenant, but in no event later than 10:00 p.m.;
d. Exceed in number one sign adjacent to each street bounding or most
nearly adjacent to the lot.
(3) Each sign on a parking lot shall be subject to approval by the planning board.
(4) In a B-2 district a sign advertising name and use only may be displayed under a
building canopy, which sign shall not be in excess of four feet one inch in length
and a maximum of 15 inches in depth, and shall be affixed to the permanent
building canopy which shall cover the front of more than one business.
(5) In a B-1 or B-2 district real estate signs advertising the availability of the land,
improved or unimproved, where said signs are erected for the purpose of sale,
leasing or rental. No sign shall exceed three square feet in area for each legal
address, provided, nevertheless, that in B-2 districts there shall be permitted an
additional sign, not in excess of 32 square feet in area, with a limitation of one
such larger sign on land with one or more legal addresses, but which land is
contiguous and shares a common ownership.
(g) The following signs may be displayed in any district other than those specified in
subsections(b)to(f), inclusive, of this section:
(1) For uses permitted in R districts: Such signs as are permitted in R districts.
(2) For other uses permitted in the district: Such signs as may be necessary for the
proper identification of the uses to which they are appurtenant, as determined by
the planning board and subject to approval of each sign by the planning board as
harmonious part of the architectural design of all buildings and other
improvements on the plot.
(h) No sign shall be displayed in any manner that will cause any glare when observed from
within any R, A or Pro district nor be equipped or displayed with moving, flashing or
intermittent illumination. All signs shall be maintained in good repair; improvements shall
be made at the direction of the director of planning and zoning.
(i) On a plot contiguous to any R, A or Pro district or contiguous to open land that is
contiguous to any such district, no sign shall be displayed on the side or rear of any
building so as to face such R, A or Pro district, except that a nonilluminated identification
sign not exceeding six square feet in area may be displayed on, but not protruding above
the roof of, any building so as to face any accessory parking space serving such building
or any parking lot serving the same and located contiguous to the plat on which such
building is situated. Any street or alley shall be disregarded in applying the provisions of
this paragraph.
Q) In A-2 districts hotels or motels maintaining dining facilities under the provisions of
Ordinance No. 270, as amended, may display signs announcing that such dining
accommodations are furnished. Only one such sign shall be permitted which may be
double-faced but shall be no larger than three square feet in area on each face.
(k) Signs otherwise complying with the terms of this ordinance may be erected at the rear
entrance of businesses in B-1 and B-2 zones or districts for identification purposes only.
Letters shall not exceed six inches in height and such signs shall be firmly affixed to the
exterior wall surface and may not be illuminated.
(Ord. No. 315, § 1, 2-4-64, Ord. No. 317, § 1, 6-2-64, Ord. No. 354, § 1, 12-1-70, Ord. No. 480,
§2, 7-16-85, Ord. No. 497, § 1, 12-2-86, Ord. No. 531, § 12, 7-19-90)
38
Sec.504.1.-[Sign area.]
The sign area as defined in Section 240 shall include the area of all faces of a sign
except a second face that is at an angle of less than 20 degrees with the first face. Neon tubing
that is used to outline a building or part thereof or any other object shall be deemed to have a
sign area equal to the length of such tubing multiplied by one-half foot.
Sec.504.2.-[Temporary political signs.]
No temporary political signs shall be placed on public rights-of-way or on property owned
or used by the village, on any unimproved lot or lot with a vacant building without the written
consent of the property owner filed with the village clerk prior to posting of the sign, or upon any
public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic
or location sign.
Each candidate shall, prior to the installation or construction of signs in accordance with
this article, post or cause to be posted with the village a refundable cash bond in the amount of
$250.00 to ensure compliance with the conditions of this section. Any candidate who has qualified
for a Miami Shores Village municipal election shall be exempt from the requirement of posting the
cash bond.
Temporary political signs shall be permitted in all zoning districts, provided that no
temporary political sign shall be permitted to remain longer than seven days after the election
which is the subject matter of such sign. Any candidate who fails or causes to fail in the removal
of all temporary political signs within the stated time frame shall forfeit the cash bond.
Each parcel of property shall be permitted one sign per candidate or ballot issue. The
maximum size of any individual temporary political sign shall not exceed 4.5 square feet in area.
The total sign area for temporary political signs located on any single property shall not exceed
27 square feet(six signs).
No temporary political sign shall be placed within five feet of any easement of the
property upon which the sign is located. No temporary political sign shall be located within ten
feet of the edge of the pavement. Temporary political signs shall be located solely on the property
side of the sidewalk if there is a sidewalk.
No temporary political signs shall be located on property in such a manner as to interfere
with or present a hazard to the flow of traffic along the streets adjacent to the property upon which
the temporary political sign is located.
All temporary political signs placed on vehicles (except bumper stickers)shall not exceed
4.5 square feet and shall be securely fastened to the vehicle in order to ensure that the vehicle is
capable of being operated in a safe manner.
No freestanding, sandwich-board or portable political signs other than those securely
fastened to vehicles shall be allowed.
Any individual or entity who posts or causes to be posted a bond pursuant to this article
and the owner and tenant of the property where a temporary political sign is located shall be
responsible for any hazard to the general public which is caused by, or created by reason of, the
installation or maintenance of temporary political signs. The candidate shall also be responsible
for the prompt removal of such signs.
No political signs shall be installed more than 45 days prior to the date of the election
which is the subject matter of such sign nor more than 30 days prior to a primary election
scheduled prior to a regular election.
Any temporary political sign not posted in accordance with the provisions set forth and
any such sign which exists in violation of this article shall be deemed to be a public nuisance and
shall be subject to removal by the candidate, the property owner or the village. If the village
removes the sign as a last resort, the village manager or his designee shall deduct the cost and
expense of the removal from the posted cash bond, but nothing contained herein shall limit the
39
liability to the village of any candidate, property owner or tenant to only the amount of such bond,
and the village may recover its actual costs without limitation.
Notwithstanding the above regulations, the village manager may cause the immediate
removal of any sign that constitutes a nuisance or poses an immediate danger to the health,
safety or welfare of the community. Village personnel may enter onto premises, with or without
the property owner's consent, for emergency removal.
This article shall be subject to enforcement under F.S., ch. 162.
(Ord. No. 608, § 1, 2-2-99, Ord. No. 686-10, § 1, 12-7-10)
Sec.504.3.-[Authority granted to Planning Director to administratively approve applications for
specific types of signs.]
(a) Notwithstanding anything to the contrary in the Miami Shores Village Code of
Ordinances, the Planning Director shall be authorized to approve Building Permits or
Special Sign Permits for signs that comply with the provisions of this subsection subject
to the additional approval by the Building Official of any Building Permits required for said
sign.
(b) The following temporary signs may be administratively approved by the Planning
Director.
(1) Temporary window or door signs:
a. Temporary window or door signs may be approved for grand openings of
new businesses only. Sales or special sales such as anniversary sales do
not qualify under this provision. Only one (1) such permit will be issued to a
new business and it is non-renewable.
b. Applicants requesting administrative approval for a temporary window or
door sign shall submit a Special Sign Permit application for said sign to the
Planning Department. A nonrefundable submittal fee shall accompany all
Special Sign Permit applications.
C. Temporary window or door signs may be constructed of cardboard, vinyl,
paper or similar sheet material.
d. Temporary window or door signs may be affixed to the inside surface of a
main floor window or door or located on a stand within three (3) feet inside
the window or door.
e. Two (2) Temporary window or door signs totaling up to twelve (12) square
feet in the aggregate area may be approved per storefront.
f. One (1) additional sign of up to four (4) sq. ft. in area may be allowed to
display the company logo of the new business.
g. The design and color of the sign, lettering and sign elements shall be
harmonious with the building that it is located on and the neighborhood.
h. Temporary signs may be permitted in addition to the sign allowance for a
building or storefront.
(2) Temporary banner signs:
a. Temporary banner signs may be approved for grand openings of new
businesses only. Sales, special sales such as anniversary sales or special
events do not qualify under this provision. Only one (1) such permit will be
issued to a new business and it is non-renewable.
b. Applicants requesting administrative approval for a temporary banner sign
shall submit a Building Permit application for said sign to the Building
40
Department. A nonrefundable submittal fee shall accompany all building
permit applications.
C. Temporary banner signs shall be constructed of flexible vinyl or scrim
material designed to be installed with attachments at each comer and
fastened to a building facade.
d. Temporary banner signs must be securely attached to the building facade of
the business to which the sign is appurtenant.
e. Temporary banner signs must be installed in a taught manner to restrict
movement or damage by the natural environment and shall be maintained in
this manner at all times. Any banner sign not being maintained in this
manner shall be secured or removed.
f. Not more than one (1) temporary banner sign shall be permitted per
storefront. The sign shall not exceed one and one-half(1.5) square feet per
linear foot of storefront fronting the principal street or a total area of seventy-
five(75)square feet,whichever is less.
g. The top of a temporary banner sign shall not be installed higher than the roof
line of the building to which it is attached or 20 feet above the building level,
whichever is less.
h. The design and color of the sign, lettering and sign elements shall be
harmonious with the building that it is located on and the neighborhood.
L Temporary banner signs may be permitted in addition to the sign allowance
for a building or storefront.
(c) Signs complying with a master sign agreement approved by the Planning Board may also
be administratively approved by the Planning Director. Applicants requesting
administrative approval for signs complying with a master sign agreement, shall submit a
Building Permit application for said sign to the Building Department. A nonrefundable
submittal fee shall accompany all building permit applications.
(d) The Planning Director shall reject any Building Permit or Special Sign Permit application
containing any omissions, false statements, or that is not accompanied by the applicable
information and application fee. The Planning Director shall reject any application that the
Planning Director determines fails to comply with the requirements of Sec. 504 and this
subsection, or which fails to seek a variance required for the sign to be permitted as
proposed. Any rejected or denied application later resubmitted shall be deemed to have
been submitted on the date of resubmission, instead of original submission date.
(e) Administrative approval and denial.
(1) The Planning Director may approve, conditionally approve, disapprove, or refer a
sign that is the subject of a Building Permit or Special Sign Permit to the Planning
Board for review and final determination.
a. For the purpose of administering this subsection, the Planning Director may
approve Building Permits or Special Sign Permits for signs specified in Sec.
504.3 (b) and (c) that are determined to comply with all the requirements of
this subsection, and that do not require any variances from the terms and
performance standards of this subsection. For the purpose of administering
this subsection, applications that can be administratively denied are those
that, in the determination of the Planning Director, fail to comply with the
requirements of this subsection or that would require a variance from the
terms or performance standards of this division or any other section of the
zoning code and where the applicant has failed to apply for such variance.
41
b. The Planning Director may refer signs specified in Sec. 504.3 (b) and (c) to
the planning board for a decision under the following circumstances:
1. The Planning Director is unable to reach a determination as to
whether the application complies with the terms of this subsection.
2. The Planning Director determines that the application does not
comply with all requirements of this subsection.
3. The application seeks variances to the terms or performance
standards of this subsection which will require the approval of the
planning board.
(f) Duration and revocation of Building Permits and Special Sign Permits for signs that are
regulated by this subsection.
(1) The Planning Director's administrative approval of a Building Permit or Special Sign
Permit for a temporary sign will become void if the sign for which it was granted is not
installed within fourteen (14) days of approval of the Building Permit or Special Sign
Permit for the sign,whichever is later.
(2) The Building Permit or Special sign permit for a temporary sign shall be valid for a
period of up to thirty (30) days and is not renewable. A temporary sign shall be
removed no later than the first business day following expiration of the special sign
permit.
(3) The work to construct a sign that is the subject of a Building Permit for a sign that is
the subject of a master sign agreement shall begin and shall be completed in
compliance with the time limitations of the master sign agreement and the Florida
Building Code.
(4) The Planning Director or Building Official may revoke the Building Permit or Special
Sign Permit for a sign under any of the following circumstances:
a. The Planning Director determines that the application was materially false or
misleading, or
b. The sign as installed does not conform to the Building Permit or Special Sign
Permit application, or
C. The sign installed violates the Miami Shores Village Code of Ordinances, the
Florida Building Code or other applicable law, regulation, or ordinance.
Such sign shall be removed no later than the first business day following revocation of the Building Permit
or Special Sign Permit.
Sec.504.4.-[Master Sign Plans.]
(a) Purpose. The purpose of a Master Sign Plan is to allow an applicant, subject to site plan
review by the planning board under Article VI, the option of designating a sign plan that
will define unique characteristics in all sign elements including type, design, and location.
The goal of a Master Sign Plan is to:
(1) Promote consistency among signs within a development thus creating
visual harmony amongst signs, buildings, and other components of the
property;
(2) Enhance the compatibility of signs with the architectural and site design
features within a development;
(3) Encourage signage that is in character with planned and existing uses
thus creating a unique sense of place; and
42
(4) Encourage multi-tenant commercial uses to develop a unique set of sign
regulations in conjunction with zoning code requirements.
(b) Applicability. No permit shall be issued for a sign within a multi-building or multiple-
occupant plot that is the subject of a master sign plan and no sign shall be erected,
placed, painted, modified or maintained, except in accordance with such master sign
plan, and such plan may be enforced in the same way as any provision of this code of
ordinances. In case of any conflict between a provision of a Master Sign Plan and 1 or
more provisions of the Zoning Code, the Master Sign Plan shall control.
(c) Application Process. The applicant shall develop a master sign plan that is consistent
with the purpose of Sec. 504.4 (a). The application shall be filed on forms provided by the
village and shall be submitted to the Planning and Zoning Department. The Planning
Director shall forward a complete application to the planning board for site plan review
under Article VI and final determination.
(d) Master Sign Plan required. A Master Sign Plan shall be required as part of site plan
review and approval for new multi-building sites and new multi-tenant developments. A
master sign plan shall also be required as part of site plan review and approval for
existing buildings that require site plan review for additions, facade changes, renovations
or other modifications to the overall building.A Master Sign Plan may be amended by the
same application process and review as required for a new Master Sign Plan.
DIVISION 3. - HEIGHT REGULATIONS
Sec.505.-[Towers,gables,water tanks,etc.]
(a) Towers, gables, penthouses, scenery lofts, cupolas, and similar structures and (b) water
tanks and necessary air conditioning and other mechanical appurtenances, when
appropriately screened, may be erected on a building to a height greater than the limit
established for the district in which the building is located, provided that no such
exception shall:
(1) Cover at any level more than 15 percent of the roof on which it is located;
(2) Exceed a height equal to the least distance from such structure to the line of any plot
in an R,A or PRO district;
(3) Be used for sleeping or housekeeping purposes;
(4) Be used for any commercial purpose other than may be incidental and subordinate to
the permitted use of the main building.
Sec.506.-[Chimneys,church spires,transmission towers,etc.]
The height limitations of this ordinance shall not apply to:
(a) Chimneys, church spires, standpipes,water towers, flag poles or monuments;
(b) Transmission towers and cables approved by appropriate public authority;
(c) Radio or television antennae or towers that conform to all the following requirements:
(1) Are approved by:
a. The Federal Aviation Administration,
b. The Federal Communications Commission,
(2) Are located only in a rear yard,
(3) Do not exceed a height equal to the least distance from such structure to any line of
the plot on which it is located, and
43
(4) Are approved by the village council.
(Ord. No. 521, §2, 3-7-89)
Sec.507.-[Elevation of first floor joists.]
Building elevation shall be as required by the Florida Building Code and Chapter 8.5 of
the Miami Shores Code of Ordinances.
(Ord. No. 531, § 13, 7-19-90)
Sec.508.-[Finished grade of plot.]
The finished grade of a plot shall be not less than four inches above street grade.
DIVISION 4. -AREA REGULATIONS
Sec.509.-[Projection of awnings,canopies,open balconies,etc.]
Canopies, awnings, open balconies, pivoted or casement sash, cornices, eaves and similar
architectural features may project:
(a) Not more than 48 inches from the front face of a building into any front yard. Not less
than eight feet of clear headroom including the frame, cover and valance shall be
provided under such projection.
(b) Not more than 36 inches from the side or rear face of a building into any side or rear yard
Not less than seven feet of clear headroom including the frame, cover and valance shall
be provided under such projection.
(c) Fixed or retractable awnings on buildings located in B districts where front or side yards
are provided:
(1) May project not more than nine(9)feet from the building wall into a front yard.
(2) Shall not extend closer than two and one-half(2.5)feet to the interior side property
lines when projected from side walls, or closer than two and one-half(2.5)feet to the
rear property line.
(3) Shall have the lowest elevation of the awning frame a minimum vertical height of
eight(8)feet above the sidewalk elevation. The awning shall provide an
unobstructed, clear space between the grade and the bottom of the cloth cover of at
least seven (7)feet.
(4) Shall be subject further to all state, county and village regulations.
(5) Shall be architecturally integrated into the buildings, design and color.
(d) Fixed or retractable awnings on buildings in B districts where no front yard is provided or
where the front yard is less than nine(9)feet in depth, may be permitted on said building
closer to the official right-of-way than would otherwise be permitted, subject to review and
approval of the Planning Board and under the following conditions:
(1) That the awning shall have the lowest elevation of the awning frame a minimum
vertical height of eight(8)feet above the sidewalk elevation. The awning shall
provide an unobstructed, clear space between the grade and the bottom of the
valance of at least seven (7)feet.
(2) That said awning does not extend more than nine(9)feet from the building wall.
44
(3) That where the awning extends over dedicated right-of-way and a curb and sidewalk
exist, the awning shall come no closer than eighteen (18) inches to the curb line, no
extension shall be made over dedicated right-of-way if no curb and sidewalk exist.
(4) An agreement shall be executed and recorded by the property owner and tenant if
other than an owner occupant, stating that the property owner shall remove the
awning at their expense if required for any reason by the Village Director of Public
Works or State or Miami-Dade departments responsible for the right-of-way.
(5) Subject further to all state, county and village regulations.
(e) Canopies in the CF, and P districts may encroach:
(1) From an entrance door to within 18 inches of the street line.Where a sidewalk or
curb exists,the canopy may extend to within 18 inches of the curb line. Such
canopies shall not be screened or enclosed in any manner and shall provide an
unobstructed, clear space between the grade and the bottom of the canopy valance
of at least seven feet. The location of vertical supports for the canopy shall be subject
to review and approval by the Director of Public Works.
(2) Subject further to all state, county and village regulations.
Sec.510.-[Projection of wing wall.]
A wing wall at the front of a building, designed as an architectural feature thereof, and not
exceeding a height of five feet may project across the side yard to the side lot line when a gate or
access opening of not less than three feet in width is provided.
Sec.511.-[Projection of chimneys.]
Chimneys may project not to exceed 24 inches into any side or rear yard, to a maximum
width, at right angles to such projection, of not to exceed six feet.
Sec.512.-[Projection of steps.]
Steps, including platforms in connection therewith, not exceeding the first floor level in
height, may extend into any yard for a distance not exceeding four feet, and may be provided with
railings not exceeding three feet in height above the surface of the steps or platform.
Sec.513.-[Buildings to face toward normal frontage of plot.]
All buildings shall be faced toward the normal frontage of the plot on which situated.
Anyone desiring to erect a building facing otherwise shall file with the planning board a site plan
showing the proposal. The planning board, acting in accordance with the provisions of Article VI,
may authorize such other facing, or such revision thereof as said board deems to be advisable,
including modification of the yard requirements of this ordinance, subject to:
(a) Provision on the plot of open space at least equal in aggregate area to that would result
from the application of the specific yard requirements of this ordinance.
(b) A finding that the authorized building location and arrangement will be fully harmonious
with its surroundings and will not have any detrimental effect thereon with respect to
access of light, movement of air or appearance.
Sec.514.-[Construction of main building prerequisite to construction of accessory building.]
No accessory building shall be constructed prior to the construction of the main building
to which it is accessory.
45
Sec.515.-[Location of accessory building where plot is of such size as to permit creation of
another plot.]
An accessory building located to one side of a plot that is of such size as to permit the
creation of another plot by longitudinal division of such plot shall be so placed that, in the event of
such division and the erection of a main building on the new plot, such new main building and
such accessory building will be located in full conformity with all the provisions of this ordinance.
Sec.516.-[Structures constituting accessory buildings.]
Accessory buildings shall be deemed to include the following or any combination thereof:
(a) Private garages, carports, garden toolhouses and similar buildings;
(b) Children's playhouses;
(c) A dish antenna, as hereinafter defined, when constructed in accordance with the
following criteria:
(1) Definitions.
a. Dish antenna (earth station) means a dish antenna intended for the purpose
of receiving communications from orbiting satellites and other extraterrestrial
sources, a low-noise amplifier (L.N.A.) which is situated at the focal point of
the receiving component for the purpose of magnifying and transferring
signals, a coaxial cable for the purpose of carrying signals to the interior of a
building, or a combination of any of these elements.
b. Dish antenna height means the distance measured vertically from the bottom
of the base (at ground level) which supports the dish antenna to its highest
point when positioned for operation.
(2) Location.
a. Ground mounted.
1. Residential dish antennas must be located in the rear yard, except
as provided for under (2)b.3 of this section. The minimum rear
setback must be at least equal to the antenna height, which in no
event shall be less than five feet, and provided they do not encroach
on any other required setbacks in a residential district. Dish antennas
shall be excluded from the fifteen-foot setback requirement from the
main building and shall be situated so that they are between the
prolongations of the sidelines thereof.
2. Commercial or noncommercial dish antennas, that is, those other
than residential, may be ground mounted, provided they comply with
setbacks in districts they are located in and other provisions of these
ordinances.
b. Roof mounted.
1. Single-family residential roof mounted dish antennas shall not be
permitted.
2. Commercial dish antennas may be mounted on a commercial
structure with a minimum setback from the building perimeter at the
roof not less than the total height of the installed antennas.
3. Noncommercial dish antennas, including condominium structures,
may be roof mounted with a minimum setback from the building
perimeter at the roof not less than the total height of the installed
antennas.
46
(3) Dimensions. The height of a dish antenna shall not exceed 16 feet, with a diameter
not in excess of 12 feet. Where a dish antenna is erected on the roof the height
thereof shall not exceed 16 feet from the roof structure where situated.
(4) Screening and color.
a. Ground mounted. Where permitted, dish antennas shall be screened by
landscaping and maintained to obscure same at ground level when viewed
from abutting property and the public streets.
b. Roof mounted. Where permitted, shall be screened in a manner so as to
preclude observation of the antennas from ground level, and must be
harmonious with the existing structure as per intent of Section 523
C. All dish antennas shall be neutral in color.
(5) Number. Only one dish antenna shall be allowed for a single-family residence or
townhouse unit.
(6) Anchorage. All dish antennas shall be anchored securely to the ground, or, in the
case of commercial antennas, roof structure, in compliance with requirements of the
South Florida Building Code relative to structures.
(7) Permit required. No dish antennas shall be erected except on the basis of a permit
issued by the Miami Shores Building and Zoning Department, and the application for
said permit shall be accompanied by a site plan showing the type, color and
proposed location and landscaping to be installed.
(8) Maintenance. Dish antennas and related appurtenances must be maintained in good
and operable condition, and the surrounding landscaping shall likewise be
continuously maintained for the intended screening purpose.
(9) Exceptions. Any private, noncommercial dish antenna existing upon passage of this
ordinance, if same complies with the criteria hereinabove set forth, upon the condition
that a building permit has been issued therefor or is obtained within 30 days of the
adoption of this ordinance.
(d) Structures for raising plants, subject to approval by the planning board for any such
structure exceeding 80 square feet in area of ground coverage;
(e) Utility sheds: Notwithstanding any other provisions of this ordinance, utility sheds may be
constructed of metal, PVC or other plastic permitted under the Florida Building Code and
having Miami-Dade product approval, provided they do not exceed 120 square feet in
size and that a permit is obtained from Miami Shores Village prior to the erection thereof,
but no accessory building shall contain any housekeeping facilities or sleeping accommodations.
No metal utility shed shall contain electric, water or telephone service, and shall not be used for a
commercial purpose.
(f) A basketball goal, as herein defined, when constructed in accordance with the following
criteria, which shall be excluded from criteria set forth in the Schedule of Regulations
being a part of Article IV of said ordinance.
(1) Definitions.
a. Basketball goal means an official size fan shaped backboard, basket and
supporting structure intended for the purpose of recreation by the family
residing in the dwelling.
b. Basket height means the distance measured vertically from the top of the
basket to ground level.
47
(2) Location:All structures shall be setback a minimum of ten feet from the side property
line, five feet from the rear property line, 12Y feet from the front property line and
shall face the interior yard.
(3) Dimensions: Basket height may be up to ten feet.
(4) Material:
a. Backboard. Shall be of a metal, plastic, or composite material, or three-
fourths inch B, or better, or equivalent, sealed exterior plywood.
b. Basket, Basket shall be metal.
C. Support structure shall be metal.
(5) Color.
a. Backboard. Clear or white with official outlining.
b. Basket. Shall be orange or red.
C. Support structure. Harmonious with the house color, black or galvanized.
d. Court area shall not be outlined or painted.
(6) Number. One per residence.
(7) Anchorage. Shall be in compliance with the South Florida Building Code.
(8) Permit. A permit shall be required for the erection of each basketball goal.
(9) Maintenance. Shall be kept in clean sightly manner.
(10) Compliance. Any existing basketball goals not in compliance herewith shall be so
modified as to be in compliance herewith within six months from the adoption date
hereof.
(g) Air conditioning units: Ground mounted air conditioning units in the R and Pro districts
shall be setback a minimum of ten feet from the side plot line, five feet from the rear plot
line, and shall not be located in front of the residence. Air conditioning units are not
permitted in the front yard within any land use district. Existing Air conditioning units that
were previously permitted within the required yards may be replaced in their current
location.
(h) A fallout or bomb shelter may be constructed within five feet of the rear property line in all
districts and without regard to the spacing requirement applicable to buildings located on
the same premises if such shelter is attached to an existing building or accessory to an
existing building; provided, that such shelter shall otherwise conform to all other setback
requirements prescribed for the principal building and further provided, that such shelter
shall be designed and constructed in accordance with the provisions of the South Florida
Building Code, approved by the planning board and the council, and in accordance with
the minimum specifications and requirements as prescribed in the pamphlets published
by the office of Civil and Defense Mobilization designated as Fallout Shelter Surveys;
Guide for Architects and Engineers, MP-10-2 National Plan Appendix Services, May
1960; Family Fallout Shelters of Wood, NP-21, December, 1960. The Family Fallout
Shelter, MP-15, June, 1959; and Clay Masonry Family Fallout Shelters, MP-18, February,
1960,which pamphlets are hereby adopted as a part hereof by reference.
(i) Landscape structures:
(1) Landscape structures shall be constructed of stone, brick, cement or cement
products unless otherwise specified.
48
(2) One water fountain or one lawn omament may be permitted within the front yard
provided it is located not less than ten feet from the side plot line and five feet from
the front plot line. A fountain or lawn ornament shall not exceed five feet in height,
five feet in width, length or diameter and is subject to plot coverage regulations. The
water depth in a fountain shall not exceed eleven inches in water depth.
(3) Permanent landscape planters are permitted within all yards provided they do not
exceed thirty inches in height, thirty-six inches in width and subject to lot coverage
regulations.
(4) Walkways are permitted in all yards, subject to lot coverage regulations, provided that
if any part of the sidewalk is located within ten feet of the side plot line or within five
feet of the rear plot line they shall not exceed three feet in width.
(5) Water fountains and lawn ornaments may be permitted in the rear yard provided they
are located not less than ten feet from the side plot line and five feet from the rear
plot line.
(j) Holiday decorations:
(1) Holiday decorations: Decorative elements of a temporary nature intended for the
acknowledgement of a holiday or holiday season, exclusive of decorations, which
contain business, product sales, or service advertising content
(2) Holiday decorations may be permitted on buildings or in yards provided that they are
displayed and removed from display within thirty-five (35) days prior to and ten (10)
days after the holiday for which they are specifically identified and which do not
advertise or promote the interests of any person, premise or activity.
(Ord. No. 409, §§ 1, 2, 3-20-79, Ord. No. 433, §§3, 4, 10-20-81; Ord. No. 474-85, §2, 2-5-85,
Ord. No. 521, §4, 3-7-89, Ord. No. 544, § 1, 9-25-91; Ord. No. 571, §§ 1, 2, 1-17-95)
Sec.517.-[Fencing of private swimming pools.]
The part of any plot that is occupied by a private swimming pool, or the yard in which the
same is located, shall be enclosed by a fence which:
(a) Has a minimum height of four feet; and
(b) Otherwise conforms to the provisions of Section 518; and
(c) Is approved by the planning board in a particular case or conforms to specifications
prescribed by the board.
(d) Bulkheads, canals and navigable waterways may be permitted as a barrier in lieu of a
fence.
(e) Notwithstanding anything to the contrary in the Miami Shores Village Code of
Ordinances, the Planning Board may approve, as part of site plan review for a pool in the
front yard, a fence up to five feet in height within the front yard outside of the required
twenty-five foot front yard setback.
Sec.518. -[Fences,walls and hedges.]
Fences, walls and hedges may be located within any yard, including the margining
thereof, subject to the following requirements:
(a) Maximum height: Three and one-half in any required front yard, five feet in any required
side yard or rear yard; except that:
49
(1) Any such feature along a side plot line in an R, A or PRO district that is contiguous to
or across an alley from a business or commercial district may be erected to a height
not exceeding eight feet (1) along any rear plot line, or (2) along any side plot line
rearward from a point ten feet distant from the front plot line;
(2) No such feature higher than three and one-half feet shall be established or
maintained,whether previously existing or not, on any corner plot within a distance of
20 feet, measured along plot lines, from the point of intersection of the street lines
bounding the plot;
(3) In A-1 zones which abut on property lying outside village limits the council may permit
a wall of not more than five feet in height with a minimum five-foot setback on the
front property lines if the surrounding circumstances in the judgment of the council so
justify. Under the same circumstances the council may also allow a chain link fence
to be erected around tennis courts with a maximum of 12 feet in height and a ten-foot
minimum setback from the front property line of property in such zone and similarly
situated.
(4) On Biscayne Boulevard where fences and walls are five feet and hedges are seven
feet. Maximum height of hedges in any required side yard or rear yard is seven feet
and maximum height of fences or walls in any required side or rear yard is five feet.
(5) Hedges in R districts and located in the required side yard outside the front yard or in
the rear yard, shall not exceed seven (7)feet in height.
(6) Fences, walls or hedges in CF districts and located in the required side yard outside
the required front yard or in the rear yard, shall not exceed eight(8)feet in height.
(7) Fences, walls or hedges for schools and playgrounds in CF districts and located in
the required front yard shall not exceed eight(8)feet in height.
(b) All walls and fences in any front yard shall be approved by the planning and zoning board
and shall be constructed of ornamental masonry or ornamental metal OF wood-pickets,
but not including any wire fence. Picket fences of wood, composite board or composite
material may be permitted in the front yard provided the pickets are two (2) inches to four
(4) inches in width with a spacing between pickets of not less than one (1) inch and not
more than two (2) inches. Walls or fences in any side yard or rear yard, including the
margining thereof, shall be constructed of chain-link, wood, composite board, composite
material, ornamental iron or aluminum, precast concrete, concrete block, stucco, or
ornamental masonry, except as hereinafter provided. Without limiting the forgoing, the
following fence materials are specifically prohibited: lattice, bamboo, metal board, barbed
wire or razor wire and similar fencing materials.
(c) Any fence, wall or hedge hereafter established adjacent to a rear plot line along an alley
there shall be provided a clear space of at least 40 square feet in area and not less than
3 feet in depth onto the plot along the alley line, available for the placing of waste
materials for removal.
(d) Orientation of fences. The vertical and horizontal supporting members of a fence shall
face the interior of the plot on which the fence is located and the finished side shall face
the adjoining lot or any abutting right-of-way.
(e) Temporary construction site Fencing. Temporary construction site fencing may be
allowed on those sites for which an approved building permit has been issued by the
building department and while the building permit remains active. The temporary fencing
shall be permitted only with the issuance of a fence permit. Temporary fences shall be
removed prior to expiration of the building permit or finalling the building permit whichever
comes first. The building official may allow construction fencing to remain in place if
existing safety hazards on the site warrant continued fencing of the site.
50
(f) Calculating Fence Height. The height of a fence, as defined herein, shall be measured
from grade at the base of the fence to the topmost point on the fence or fence post. If the
grade elevation at the plot line of the abutting plot is not a reasonable match to the grade
elevation at which the wall, fence or hedge is to be placed, the height of the wall, fence or
hedge shall be measured from the lower of the conflicting grade elevations. When a
fence is installed at or near the top of a mound or retaining wall, both the mound or
retaining wall and the fence shall be included in the height measurement for the purposes
of this section.
(g) On comer plots:
(1) Where the dwellings are oriented facing east or west, or the orientation of the corner
dwelling is the exception to the prevailing orientation of homes in the surrounding
area, walls, and fences in the following areas shall be ornamental metal or
ornamental masonry, but not including any wire fence:
a. In any side yard the property line of which borders a side right-of-way other
than an alley, including the margining thereof.
b. Along any portion of the rear property line of such comer lot which extends
forward of the front building line of any adjoining property and said fence
shall not exceed three and one-half feet in height.
(2) On all other comer plots, walls and fences in the following areas shall be ornamental
metal, ornamental masonry or picket fence as defined in Sec 518 (b). Any wire fence
is specifically prohibited.
a. In any front yard or side yard the property line of which borders a side right-
of-way other than an alley, including the margining thereof.
(Ord. No. 344, § 1, 5-6-69, Ord. No. 472, § 2, 11-20-84, Ord. No. 499, § 1, 12-2-86, Res. No.
847, 4-18-89, Ord. No. 572, §§ 1, 2, 2-21-95)
Editor's note—
Section 518(a)(4) as herein set out was amended by Res. No. 847, adopted April 18, 1989. Said
resolution was passed at election held April 11, 1989. The village attorney's
memorandum clarifying this amendment by reference is on file in the village clerk's office.
Sec.519.-[Screening of plot adjoining R,A or PRO district where main building used for
nonresidential purpose.]
On any plot on which is located a main building used for any nonresidential purpose,
which plot adjoins a plot in any R, A or PRO district (regardless of any intervening alley), there
shall be established, along every plot line that so adjoins, a wall, fence or hedge five feet in height
that is of a character approved by the planning board in a particular case or conforming to
specifications prescribed by the board, which wall,fence or hedge shall be established as follows:
(a) As a condition of the issuance of a building permit and subsequent certificate of
occupancy for any new or reconstructed building.
(b) Within three years after the adoption of this ordinance for any existing building, subject to
such modification of this requirement as the planning board may find to be necessary on
a finding of the existence of unusual conditions with respect to the location of such
existing building that would affect the location of such wall, fence or hedge.
51
DIVISION 5. -OFF-STREET PARKING REQUIREMENTS [45]3
Sec.520.-[Applicability; general provisions.]
(a) Parking required. Parking in multi-family and non-residential districts shall be provided at
the time any building or structure is erected, enlarged or increased in capacity by a
change to a more intense use, or by the addition of dwelling units, transient units, floor-
area, seats, beds, employees, or other factors impacting parking demand as stated in this
Article. In all districts, required parking spaces shall be located on site and not on right-of-
ways; off street parking shall not be used for storage or parking commercial vehicles,
whether or not they are related to the uses at the site. Required parking shall not be used
to provide accessory uses (tents, barbecues, etc.), which would cause a reduction in
required parking.
(b) Parking on same plot. Parking spaces for all uses and structures which are provided as
required parking in conformance with the schedule of off-street parking and other
applicable provisions shall be located on the same lot or plot and have the same land use
district as the principal use or structure they are intended to serve. All required parking
shall be located on the same plot with the principal building to which it is appurtenant and
shall indicate the area to be used for parking as well as any reserved areas.
(c) Existing uses. The owner of an existing structure for which there has been a use category
established on or before the date of adoption of this ordinance, and for which there is
insufficient space within the lot, plot, or parcel of land upon which said structure is
situated for the owner of said structure to establish off-street parking and off-street
loading space, as required by this division, the owner shall be required to comply with this
division to the extent possible with regard to existing space available to said owner and
the owner shall be required to obtain approval of a new site plan for said lot, plot or parcel
of land as may be determined by the planning and zoning board. Any existing building or
structure may be modernized, altered, or repaired without providing additional off-street
parking facilities provided there is no increase in habitable floor area and there is no
change to a more intense use which would require additional parking. A change of use
category is defined as being a change from one enumerated use to another as listed for
the various districts in the zoning code that would increase the number of parking spaces
required under the Code.
(d) Site plan and parking area required on permit application. The parking spaces shall be
delineated on a site plan and the applicant shall submit a scaled drawing, which shall be
approved and filed by the administrative official. Prior to the issuance of a building,
paving, grading, leveling, or other permit, two sets of plans, an original survey, performed
within the last six months, must be submitted, or if the presented survey is older than six
months, an Affidavit by the owner, contractor, architect, or engineer, attesting to its
accuracy, shall be filed with the administrative official. A sketch must be presented and
approved by the planning and zoning director indicating the parking layout, drainage plan
for the premises, and all driveway approaches extending from the streettalley to the
property. In reviewing the plan, the planning and zoning director shall take into
consideration the scale and the aesthetic appearance of the driveway, the location of
existing trees, the volume of traffic to be generated, public safety, the pattern and conflict
with adjacent road traffic, the number of driveways and approaches proposed, their
proximity to each other, the location and proximity of median cuts, visual clearances or
obstructions at the driveways or in the parking area, and other factors that may affect the
safety and welfare of the public. All driveways that extend to or are accessed to a state
3(45)Editors note—Ord.No.629-01,§3,adopted Feb.20,2001,repealed the provisions of former Appendix A,Article V,Division 5,§§520--521.3 and
replaced them with the similar provisions of Division 5,§§520-521.5 as currently set out herein.Former Division 5,§§520-521.3 derived from Ord.No.285,§§
2,3,adopted April 1,1958;Ord.No.436,§§3-6,9,10,adopted Dec.1,1981;Ord.No.531,§§14,15,adopted July 19,1990.(Back)
52
MINIMUM OFF-STREET PARKING SCHEDULE REQUIREMENTS BY USAGE"
roadway shall have access aisles and shall meet with the approval of the state
department of transportation and Miami Shores Village.
(e) Parking spaces to be reserved. The land comprising approved parking spaces required
by this Article shall be maintained as off-street parking spaces in perpetuity and shall not
be used for other purposes unless there is a village council or planning and zoning board
approved change in land use or site plan on the premises which warrants a change in
design, layout, or number of required parking spaces.
(f) Required parking not to be operated as commercial parking lot. An area designated as a
parking area in connection with a designated use or uses shall not be operated as a
commercial parking lot where patrons are charged for the use of the lot.
(g) Impervious surfaces. All parking spaces shall be considered impervious for the purpose
of calculating required green space pursuant to district requirements established in the
code for pervious and impervious areas.
(h) Paving. All off street parking areas and access aisles shall be surfaced with a minimum of
a rolled 6" rock base and a 1" durable, weatherproof asphaltic pavement or concrete.
Alternatively, single-family residences may use bricks or pavers on sand.
(i) Drainage/maintenance. All off street parking areas shall be kept in working order and be
free from hazards, potholes, cracks, and be properly sloped and of sufficient capacity to
prevent standing water. Additionally, areas shall be properly drained so that no nuisance
will be caused to adjacent or nearby properties. All construction shall comply with design
standards established by applicable laws, ordinances and regulations.
(Ord. No. 629-01, §3, 2-20-01)
Sec.521.-[Required off-street parking.]
(a) Schedule of off-street parking requirements. Proper parking spaces shall be provided at
the time of the erection or occupancy of any main building or structure, or at the time any
main building or structure is increased in occupant capacity, or at the time any use or
occupancy of an existing building is changed to a use or occupancy which increases the
requirements for off-street parking facilities.Where uses are mixed,the areas shall be
identified and calculated by use. Credit for non-useable space in buildings shall be
allowed for restroom and hallway facilities only. Credit for pedestrian access shall be
allowed at one space per access corridor according to the parking diagram. The number
of parking spaces required is specified in the following schedule of off-street parking
requirements:
53
RESIDENTIAL USES: SPACES REQUIRED: LOADING
SPACES
REQUIRED":
Dwellings 2 spaces/dwelling unit None
Single Family(1 unit)
Dwellings 1 space per 25,000
Multi-family apartment buildings 4-.6 2 spaces/unit sq. feet of bldg.
NON-RESIDENTIAL USES: SPACES REQUIRED: LOADING
SPACES
REQUIRED":
Assembly occupancies 1 space/3 fixed seats plus 1 space/60" 1 space/25,000 sq.
(Calculated based upon fixed seating,floor lineal bench seating plus 1 space/75 ft. gross floor area
space, or a combination thereof depending sq.ft. in assembly room areas(without
on floor plan):Theaters, auditoriums, fixed seats)
stadiums, churches, banquet halls, gyms,
food service areas, private clubs, and similar
uses(for non-assembly areas, see offices,
retail areas, etc. under separate listings).
Auditoriums See assembly occupancies
Automobile centers 1 space/250 sq. ft. office or retail 1 space/43,000 sq.
(sales and service) areas, plus 1 space/600 sq. ft. ft. gross lot area
showroom areas, plus 1 space/500 sq.
ft. of remaining floor area 3
spaces/5,000 sq.ft. of open lot area
Gasoline dispensing stations 2 spaces plus 1 space/250 sq. ft. of
retail.
Banks, financial institutions 1 space/250 sq.ft. 1 space/25,000 sq.
ft. of bldg. floor
area
Beauty and barber shops/ 1 space/250 sq.ft. 1 space/25,000 sq.
Hair cutting salons ft. of building floor
area
Bowling alley See Recreation
Child care See Home
54
Church See Assembly
College See Schools
Dormitories, fraternities See Schools(College/University)
Government b/dgs. 1 space/300sq.ft. 1 space/25,000 sq.
ft. of building floor
area
STUDIO ARTS:
Health clubs, spas, fitness clubs, karate, 1 space/100 sq. ft. of instructional or 1 space/25,000 sq.
dance, or instructional classes exercise area plus 1 space per 250 sq. ft. of building floor
ft. of additional area area
Exercise studios in C districts only 1 space/350 sq.ft. 1 space/25,000 sq.
ft. of building floor
area
Homes, group
A. Under 6 clients 2 spaces/dwelling unit 1 space/25,000 sq.
ft. of building floor
area
B. 7, up to 14 clients:
1. Adult Care Group Homes 1 space per employee plus .5 spaces 1 space/25,000
per bed based upon the maximum sq.,ft. of building
number of residents permitted to reside floor area
therein
2. Child Care Group Home 1 space per employee plus 1 space/10 1 space/25,000
children or fraction thereof sq., ft. of building
floor area
Hotels, motels 1 space/employee plus: 1 space/25,000
sq., ft. of building
floor area
A. Room or suite 1 space/room or suite
B. Meeting or banquet rooms 1 space/3 fixed seats plus 1 space/25
sq. ft. in all assembly areas(without
fixed seats)
55
C. Office 1 space/250 sq. ft.
D. Restaurant 1 space/100 sq. ft. gross floor area
E. Retail 1 space/250 sq. ft.
Medical See offices
Offices.
A. Professional/Non-medical 1 space/250 sq. ft. 1 space/25,000 sq.
ft. building floor
area
B. Medical 1 space/200 sq. ft. 1 space/20,000 sq.
ft. building floor
area
Parks See Recreation
Recreation 1 space/25,000 sq.
(Each usage calculated separately). ft. bldg.floor area
Office/retail 1 space/250 sq. ft.
Baseball 1 space/batting cage
Tennis 3 spaces/court
Golf course 90 spaces/9 holes
Golf driving range 1.2 spaces/tee
Religious institutions See assembly
Restaurants 1 space/25,000 sq.
ft. bldg.floor area
A. Sit Down 1 space/100 sq. ft.
B. Take-Out Only 1 space/250 sq.ft.
Retail(all) 1 space/250 sq. ft. 1 space/25,000 sq.
ft. bldg. floor area
except:
56
Furniture, lighting or flooring only specialty 3 spaces/first 2,500 sq. ft., 1 space/500 1 space/25,000 sq.
stores. sq. ft.thereafter reserved future ft. bldg. floor area
parking spaces at a ratio of 1 space
per 250 sq. ft. must be identified and
landscaped, not to be counted toward
meeting landscape requirements.
Schools
(Parking uses calculated individually by
specific usage according to the parking
ordinance requirements)
College/universities 1 space/25,000 sq.
ft. bld. area
1. Classroom 1 space/classroom plus 3 spaces/100
sq.ft. of classroom
2. Dormitories/fratemities, sororities 3 spaces/4 beds
3. Gymnasiums, sporting fields, offices,
retail, food service, etc.—see separate use
categories in the schedule
Elementary/middle, elemiddle 1 space/classroom plus one space per 1 space/25,000 sq.
employee (excluding teachers), plus 1 ft. bldg. floor area
space/100 students), plus 4 spaces for
stacking/queuing, (student drop-
off/pick-up).
High schools 1 space/classroom plus one space per 1 space/25,000 sq.
10 seats plus 2 spaces for auto ft. bldg. floor area
stacking/queuing
STUDIO ARTS:
Karate, dance, exercise, aerobic 1 space per 100 sq.ft. plus 1 1 space/25,000 sq.
space/250 sq. ft. for office or retail ft. bldg. floor area
Kindergarten/nursery school 1 space/800 sq. ft. 1 space/25,000 sq.
ft. bldg.floor area
Determination for unlisted uses. In the case of uses not listed in this schedule, the village shall make a
determination of the minimum required off-street parking spaces. In reaching the determination, the
village shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be
attracted to the proposed use and studies of the parking requirements of such uses in other jurisdictions
or as referenced in nationally recognized parking standards.
* Usage—All square footage measurement is gross floor area per fraction thereof. All fractions for
spaces required are rounded up (i.e. 1.5 spaces= 2 spaces).
57
0
Where special circumstances exist with an above average amount of deliveries/pick-ups, the planning
and zoning director may require one additional loading space.
(b) Size, materials, and location of off-street parking spaces and access aisles.
(1) General requirements.
a. Driveways, parking spaces and access aisles must be paved with asphalt,
bitumen, concrete or interlocking pavers or bricks. Loose materials such as
gravel or mulch are prohibited. A right of way covenant, signed by the owner,
is required prior to paving on the right of way.
b. With the exception of single-family dwellings, parking lots shall have each
parking space marked according to the dimensions contained in Illustrations
#1 and#2 of the off-street parking requirements. All required parking spaces
shall be located at grade level or above.
C. Temporary parking shall be allowed on the swale/parkway provided that no
damage occurs to the grass and landscaped areas and that parking does not
cover any portion of the sidewalk.
d. Each parking space shall be paved and accessible from a street or alley,
from an adequate paved aisle or driveway leading to a street or alley without
driving through any other space except as may be provided for in the code.
e. In all districts, the parking shall be arranged so that there is no back out
movement into adjacent properties.
f. All driveways and access aisles shall meet the safe site distance/triangle of
visibility requirements as noted in Illustrations #4 and #5 of the off-street
parking requirements.
g. The required parking spaces for a single-family dwelling shall have a
minimum length of 18 feet and a minimum width of 9'when located within an
enclosed structure.
h. The required parking spaces for a single-family dwelling shall have a
minimum length of 18 feet and a minimum width of 8 feet, or 9 feet in width if
located side by side,when located on an open driveway or parking pad.
i. Not less than 50 percent of the front yard or swale/parkway shall be
maintained as green space(pervious area).
(2) Single-family uses.
a. Driveway/parking spaces on the single-family plot. For all single-family uses,
driveway/parking spaces on the plot shall comply with the following
requirements.
1. Driveways shall be a minimum of 8 feet wide and a maximum of 20
feet wide.
2. All driveway areas must be a minimum of 10 feet from adjoining
property lines at all points.
3. All driveways on the right-of-way must be a minimum of 5 feet from
the prolongation of the property lines extended except driveway
flares may be located not less than 3 feet from the prolongation of
the property lines extended.
4. When located in the rear and serviced from an alley, access aisles
shall be a minimum of 8 feet wide and shall not be wider than 20
feet.
58
5. All aisles must be 15 feet from an intersection and must meet
setbacks as required in this division.
6. Circular drives located wholly on the plot and their extension through
the swale/parkway to the edge of the paved roadway may be a
minimum of 8'wide and a maximum of 12 feet wide.
7. The total of all paved areas in the front yard shall not occupy more
than 50 percent of the required front yard with at least 50 percent of
the front yard to be maintained as green space(pervious area).
8. All driveways on the property that do not connect to a garage or
carport must be setback a minimum of 5 feet from any point on any
building.
9. Parking areas in the front, side and rear yard must be setback a
minimum of 10 feet from each side yard plot line.
10. Driveway flares shall not exceed 5 feet in width.
b. Driveway/parking spaces on right-of-way. Parking for adjoining single-family
detached residences may be approved on the swale/parkway subject to the
following requirements:
1. All required parking must be located on the plot it serves. Street,
sidewalk or parkway/swale areas may not be used for required off-
street parking purposes. No paving (except village projects) shall be
permitted on the Swale/parkway unless all required parking spaces
consistent with this code are provided on and for the adjoining
property.
2. Swale/parkway areas may be paved for driveways or parking if the
design is approved by the planning and zoning director as being
consistent with the standards of this Code and the area to be paved
does not exceed 50 percent of the swale/parkway area on the
particular front elevation (or side, if on corner) with at least 50
percent of the particular front elevation (or side, if on comer) of the
swale/parkway to be maintained as green space(pervious area).
3. All driveways on the right-of-way must be a minimum of 5 feet from
the prolongation of the property lines extended except driveway
flares may be located not less than 3 feet from the prolongation of
the property lines extended.
4. Each paved area running perpendicular to the street may be up to 20
feet wide on the right-of-way. A landscape strip of not less than 2
feet in width shall be located between any village sidewalk and the
perpendicular paved area for any portion of the paved area that does
not connect over any sidewalk to a driveway on the property.
5. A circular drive up to 10 feet wide may be approved for location in
the swale/parkway. A landscape strip of not less than 2 feet in width
shall be located between any village sidewalk and the circular drive
on the swale/parkway and a landscape island of not less than 2 feet
width shall be provided between the roadway edge of pavement and
the inside edge of the circular driveway. A sidewalk of not more than
3 feet in width may be located in the required landscape strip to
connect the circular driveway or parking area with the village
sidewalk or property sidewalk, subject to the limitations of Sec.
521(b)(2)b.2. for paved areas.
6. Driveway flares shall not exceed 5 feet in width.
59
7. Trees are not to be removed to pave in the parkway/swale or
adversely disturbed as a result of the installation of pavement.
8. A minimum of two 12 feet shade trees must be present in the
parkway/swale for each 75 feet of frontage in order to pave any
portion of the parkway/swale. The adjoining property owner
proposing to pave a portion of the parkway/swale shall plant
sufficient shade trees approved by the public works to meet the
minimum requirement.
9. A covenant for the maintenance of the parkway/swale area must be
completed and signed by the property owner.A covenant available
from the building department shall be signed by the owner of the
adjoining property in consideration of the approval of a building
permit to construct in the swale/parkway.The covenant signed by
the property owner shall at a minimum confirm the owner's
responsibility for maintenance of the swale/parkway, liability and
removal or relocation of the driveway in the right-of-way if required
by the village.
(3) Multi-family, commercial, community facility, college, and university uses.
a. Minimum parking space dimensions. Off-street parking spaces shall consist
of parking spaces having minimum dimensions and shall be identified as
required in the diagrams for off-street parking (see Illustration#1 through#5).
Access drives and aisles shall be at or greater than the minimum widths
shown but not more than the maximum allowed, unless approved on the site
plan.
b. Parking plans. The parking plan must be so arranged that each automobile
may be placed and removed from the parking space assigned thereto and
taken to and from the property without the necessity of moving any other
automobile to complete the maneuver. A rental car agency or a new car
dealer storage building, where vehicles are held for sale or rent to the public,
may be allowed to stack vehicles if approved on a site plan. Under these
provisions, vehicles may be stacked except for employee and customer
parking as approved on the site plan.
C. Parking to be on site. Street and/or sidewalk areas may not be used for
required off-street parking purposes.
d. Parking setbacks. Parking areas shall not extend closer than 10 feet to any
abutting property line for residential and 5 feet for nonresidential. Required
front, side or rear yards may be used for off-street parking except as may be
approved by the planning and zoning board as part of site plan approval.
e. Landscape and screening of parking areas. All parking areas shall be
landscaped in conformance with the paved area landscape requirements in
the landscape code of the village. All areas abutting right of ways shall be
screened and landscaped according to ordinance requirements.
f. Size and location of access aisles. Individual ingress and egress drives
extending across the public sidewalks and curbs and connecting the off-
street parking spaces to the public street areas shall be a minimum of 12 feet
and a maximum of 20 feet for any multi-family or a non-residential one-way
drive and a minimum of 22 feet and a maximum of 30 feet for any two-way
drive. Commercial access aisles are permitted at the distance of one per 100
feet of frontage but must be 15 feet from any street intersection.
g. Cross access agreements. Two or more owners and operators of commercial
buildings or uses of the same type of land use classifications requiring off-
60
street parking facilities may take collective provision for such ingress and
egress facilities provided that the combined facility is compatible with the
land use being served. Where a parking area is adjacent to a park,
community facility, or another business, no connecting driveway shall be
allowed from one property to the next without village and the adjoining
property owner's approval.
h. Reserved spaces. Spaces marked reserved or designated for a certain use
may not be counted as fulfilling parking requirements where businesses
share parking (e.g., shopping centers). Each use must provide parking on
site as required in this division.
i. Pedestrian walkway credit. Credit for one parking space per pedestrian
access aisle per row of spaces crossed may be allowed by the administrative
official. (Refer to Parking Illustration# 1).
j. Parking or storage of rental vehicles. Parking or storage of rental vehicles in
connection with a licensed and authorized rental car agency shall be located
on the same lot or parcel of property as the licensed office of the rental car
agency as may be permitted as an allowed use. Such lot or parcel shall be
contiguous to the lot or parcel on which the main rental agency or office is
located. The storage of rental cars does not require standard parking spaces
for storage areas provided such areas are located within an enclosed parking
structure which is used and accessed only for retrieval and removal of rental
vehicles, is not used by the public, and is approved at a public hearing.
(4) Plan approval for ingress/egress, curbs, and sidewalks. The plan for ingress and
egress, curbs and sidewalks associated with any off-street parking areas is subject to
the approval of the village. Curbs or sidewalks may not be cut or altered in any
manner without a permit from the village and all other applicable county or state
agencies. Interior parking lot curbs may be cut to allow for drainage and for
pedestrian access, subject to approval by the administrative official. Curbing must be
installed throughout the parking areas in all parking lots other than single family
properties in order to protect landscaping. Bumper stops may be installed in lieu of
curbing when approved by the administrative official.
(c) Off-site parking spaces. Notwithstanding anything to the contrary contained herein, off-
site parking may be allowed in the commercial, college, community facilities, and park
land use districts after approval at a public hearing by the planning and zoning board,
provided the following conditions are met and agreed to by the applicant in a form
acceptable to the village:
(1) The off-site parking facility is located within one-quarter mile of the main parcel for
which permission for off-site parking is being sought.
(2) An application, as required by the administrative official has been filed with and
accepted by the administrative officials as being in compliance with the requirements
set forth herein.
(3) The application, as filed with the administrative official, is in the name or names of the
owner of the real property seeking permission to utilize an off-street parking facility,
the name of any tenant or business on such real property seeking permission to
utilize an off-street parking facility, and in the name of the owner of the real property
proposed for use as an off-site parking facility.
(4) The applicants provide to the village an opinion of title acceptable to the
administrative official showing the ownership of both parcels in question to be listed
in the names of the applicants as of the date of any action by the village council on
the request for special exception.
61
(5) The property proposed to be utilized as an off-site parking facility is not currently
required parking for any other use granted by the Village and it shall have sufficient
unallocated parking available.
(6) The application reflects that all parties acknowledge that the off-site parking facility is
to be used only for off-site parking as required by the proposed business, and that
such offsite parking facility shall not be available for any other use.
(7) The parties acknowledge that no nonconforming status shall attach to the business,
use, structure or real property having such off-site parking, and in the event such
business or land shall lose its authority or permission to utilize such off-site parking,
any such use which has been allowed based upon the use of such off-site parking
facility shall immediately cease.
(8) The agreement provided to the village shall be properly witnessed and notarized,
shall be recorded in the official records of the county, and shall be binding upon the
parties' heirs, assigns, and devices.
(9) Any cost to the village for recording of such agreement or attorney's fees in the
preparation, review or filing of such agreement shall be prepaid by the applicant prior
to any village council action on such request for special exception.
(10) Any parking provided on any such off-site parking facility should be upgraded to meet
current village codes for required parking including landscape requirements.
(11) The agreement shall specify that the business for which off-site parking is being
sought shall have all owners, employees or agents of such business park on such
off-site facility, and not park on the real estate for which permission for off-site
parking is being sought, and any violation of such parking restriction shall cause such
agreement to be revocable by action of the planning and zoning board .
(12) The agreement provided to the village, and any agreement for use of off-site parking
facilities, shall not be assignable by the applicants, and any agreement for the use of
off-site parking facilities shall be subject to being revoked by action of the planning
and zoning board in the event that any of the applicants shall sell or covey the facility
for which permission for utilization of off-site parking is being sought, the off-site
parking facility, or the business seeking permission for utilization of an off-site parking
facility.
(13) Any certificate of occupancy or business tax receipt issued concerning the property
for which off-site parking is being sought shall specifically be issued conditioned upon
the owner or holder of any such approval maintaining the exclusive right to use such
off-site parking facility.
(d) Handicapped parking. Handicapped parking shall meet the requirements of the state
handicapped access code, F.S. 553.501 et. seq.
(e) Utilization of parking structures. When off-street parking facilities are located within a
separate parking structure, the following conditions and restrictions shall apply:
(1) The structure shall conform to all lot, yard and bulk requirements of the district in
which it is located and shall be approved after a public hearing before the planning
and zoning board.
(2) The parking facilities shall conform to all other provisions of this Code and all other
ordinances of the village.
(3) All nonstructural portions of the exterior elevations except for vehicular ingress and
egress areas shall, in addition to any required safety provisions, be screened by a
sight block of no more than 60 percent solidity for the total areas between dock
levels, such sight blockage to be determined by elevation. Screening shall extend the
62
full distance between deck levels except for vehicular ingress and egress as set out
in this article and as may be approved at the time the site plan is approved.
(4) When parking facilities are located on the roof of a structure, a five-foot sight block
shall be provided unless modified at the required public hearing. The height of a
building shall be measured to the top of the sight block.
(5) Lighting may be located along the inside wall of the sight block to cast light away
from adjacent properties.
This subsection shall not apply to or be construed to prohibit the construction of
freestanding carports or garages as accessory structures to single-family dwellings
(Ord. No. 629-01, §3, 2-20-01;Ord. No. 665-08, §2, 4-1-08)
Sec.521.1.-[Lighted off-street parking facilities.]
All required off-street parking facilities for multiple family residential development and all non-
residential land uses shall install light fixtures which project the light rays directly to the parking surface
and shall include shields or be designed so as to restrict projection of light rays outward to adjacent
properties and also restrict the upward projection of light rays into the night sky. All lighting shall comply
with minimum standards and shall not cast more than one foot candle at the property line. Photometric
drawings, by a certified engineer, shall be provided at time of permitting and prior to final approval. Such
calculations shall certify compliance with the code. Lighting shall be arranged so as not to interfere with
landscaping and shall be of the type of lighting designated to give maximum true lighting according to
established"Crime Prevention through Environmental Design and Techniques."
(Ord. No. 629-01, §3, 2-20-01)
Sec.521.2.-[Parking pavement markings;wheelstops; curbing.]
For all occupancies other than single-family dwellings, the parking spaces shall be marked with
double striping on each side of the space to identify and facilitate their use. All painted striping shall be
white contrasting with the pavement, except for handicapped parking spaces, which shall be painted blue.
Dimension requirements, as noted in Illustration #2, shall be measured to the center point of the double
stripe, as shown on the"Striping Detail." Notwithstanding the above provisions and striping details, where
striping is required for multi-family residential users, not less than a single four-inch stripe shall be
provided, with parking stall dimensions to be measured to the center line of the strip. Where a parking
space heads into and abuts a walkway, the paved parking space shall be furnished with a wheel stop or
curb positioned two feet to the rear of the front end of the parking space for purposes of protecting
landscaped areas and the walkway and its users from encroachment by vehicles.
(Ord. No. 629-01, §3, 2-20-01)
Sec.521.3.-[Parking lot buffers.]
A continuous hedge and a 5 feet landscape strip, as provided in the landscape code, shall screen
all parking lots adjacent to a right-of-way alley or private street (See Landscape Buffer Section). The 5
feet strip shall have a changing/rolling elevation from grade up to 3 feet in order to visually screen the
parking areas. In addition, a 5 feet masonry wall shall screen all single family residential areas from
vehicular use areas and from dissimilar uses (i.e. residential adjacent to commercial; single family
adjacent to multi-family or nonresidential). Even if separated by an alley, landscaping shall be planted at
18 inches on center at a height of 24 inches from adjacent grade at time of installation to discourage
graffiti. Trees shall be planted at one tree per 25 feet of lineal buffer area (refer to landscape buffer
requirements).
(Ord. No. 629-01, §3, 2-20-01)
Sec.521.4.-[Parking spaces for persons transporting young children and strollers.]
(a) Number of spaces For all uses other than single-family, duplex, townhouse, or multi-
family uses, parking spaces specifically designated for persons transporting young
63
children hereby defined as ages 2 years or less, with strollers shall be provided as
follows:
Up to 100 spaces 0 spaces
101-500 spaces 2 spaces
501-1000 spaces 3 spaces
Over 1000 spaces one space/500 spaces over 1,000 total
(1) Location of spaces. Such spaces shall be located as closely as possible to
spaces designated for the persons with disabilities. Spaces shall be located on
the shortest route to an accessible entrance.
(2) Sign and markings. All parking spaces for persons transporting young children
and strollers shall be prominently outlined with green paint and posted with an
approved permanent above ground sign which shall conform to the figure entitled
"Baby Stroller Parking Sign." The bottom of the sign must be at least 5 feet
above grade when attached to a building, or 7 feet above grade for a detached
sign.
(Ord. No. 629-01, §3, 2-20-01)
Sec.521.5.-[Space allocation for bicycle parking.]
All parks, shopping centers, office, and restaurant properties with parking lots containing more
than 25 automobile spaces shall provide space for bicycle racks and storage as required in Miami-Dade
County Ordinance 99-81. Design, type, location, and construction shall be as follows:
TOTAL NUMBER REQUIRED
OF PARKING BICYCLE
SPACES IN LOT SPACES
25 TO 50 4
51 TO 100 8
101 TO 500 12
501 TO 1000 16
Over 1000 4 additional spaces per 500 spaces over 1000
Property owners have the option of installing indoor storage facilities for bicycles. All outdoor
facilities shall be covered and protected from the elements, be well marked and lit, and must not impede
pedestrian travel. Racks must accommodate all sizes of bicycles, must allow at least one wheel to be
locked with the standard "U"lock, and must be of solid construction to resist corrosion and theft.
(Ord. No. 629-01, §3, 2-20-01)
64
Sec.521.6.-[University Parking Master Plan.]
Purpose and applicability. Institutions of higher education constitute a unique mix of land uses,
facilities and activities and the Village recognizes the desirability of establishing procedural and
substantive regulations to govem off-street parking on the campus to ensure that sufficient parking is
provided on campus to meet the needs of students, staff and visitors, and to prevent parking issues from
affecting abutting residential areas or other off-campus areas as a result of inadequate campus parking.
Notwithstanding anything to the contrary in Miami Shores Code of Ordinances, and in the
schedule and zoning map which form a part thereof, the parking requirement for universities may be
established by a University Parking Master Plan, approved by the Planning Board as set forth for site
plans in ARTICLE VI SPECIAL APPROVALS Sec.600:
(a) The university may prepare a University Parking Master Plan consistent with the
University's Campus Master Plan if any:
(1) The University Parking Master Plan shall include the following information or
documentation:
a. A site plan.
b. Location and quantity. The location of off-street parking shall be shown on the
University Parking Master Plan, and shall be provided in such amounts and areas
within the development so that students, faculty, employees, and visitors will not park
in or otherwise detrimentally impact abutting residential areas or other off-campus
areas as a result of inadequate campus parking. In projecting parking needs,
standard traffic engineering methods shall be used and consideration shall be given
to daily regular users of the university, auto driver visitors, persons arriving by mass
transportation, and persons being served by the university shuttle system.
c. Vehicular access and circulation.Vehicular traffic flow shall be designed and oriented
so that it will not detrimentally affect nearby residential neighborhoods.
d. A development chart shall be provided which identifies the square footage of all
existing and planned buildings and structures, the number of classrooms in each
building, the number of beds in each dormitory, and the number of students and staff.
Students and staff may be further broken down to differentiate between day time and
evening classes if applicable.
e. A Mobility Plan as defined in Sec. 521.6. (e).
f. A traffic impact study.
g. Such other materials as the Planning Director or Planning Board shall determine may
be required to support and demonstrate compliance with the parking standard
proposed by the University Parking Master Plan.
(b) University Parking Master Plan to govern.
(1) Notwithstanding anything to the contrary contained in the Miami Shores Land
Development and zoning Code, and in the schedule and zoning map which form a
part thereof, the adopted University Parking Master Plan, shall establish the parking
requirement and parking provision for the university for which it is approved.
(2) No building permit will be issued for any development that is not consistent with the
University Parking Master Plan.
(3) Approval of a building permit application for new development shall not be granted
unless the university demonstrates that required parking and traffic capacity for each
phase of development would be available prior to or concurrent with such
development.
65
(c) Modifications to adopted University Parking Master Plan.
(1) Modifications to the adopted University Parking Master Plan may be approved by the
Planning Board as provided for site plans in Article VI SPECIAL APPROVALS, Sec.
600.
(2) The University shall prepare an amended University Parking Master Plan with site
plan and development chart identifying all new development and changes to the
approved University Parking Master Plan, the parking demand generated, and the
provision of parking or other actions to meet the new parking demand.
(3) An amendment to the University Parking Master Plan shall be accompanied by either
a traffic impact study or a justification why a traffic study is not warranted.
(d) Development that may be approved without amendment of the University Parking Master
Plan.
(1) The Planning Board may approve a new building or structure on campus, or any
modification, relocation or reconfiguration of any building or structure included in the
adopted University Parking Master Plan or Campus Master Plan as provided for site
plans in Sec. 600 without amendment of the University Parking Master Plan provided
the new development, modification, relocation or reconfiguration does not involve an
increase in intensity that would raise parking demand beyond what is projected in the
adopted University Parking Master Plan and provided for on campus.
(2) A building permit may be issued for any development approved through site plan
approval upon issuance of a development order.
(e) Mobility Plan:
(1) Mobility Plan. The Mobility Plan shall be consistent with the transportation element of
the Village's Comprehensive Plan and the Campus Master Plan. The Mobility Plan
shall identify specific programs to promote the use of alternative modes of
transportation other than the single occupant automobile including walking, bicycles,
intercampus shuttles, transit, van pools, car pools, parking management strategies
and programs designed to reduce external trips and shorten trips lengths wherever
possible. The Mobility Plan shall provide for management programs for on-campus
parking. The Mobility Plan shall establish measurable targets for various modes of
travel and identify sources and means for achieving those targets.
(f) Required Reports:
(1) Annual report. On an annual basis, on or before June 1, the university shall submit
an annual report to the Village setting forth any changes to any adopted Campus
Master Plan that would affect the University Parking Master Plan or changes to the
University Parking Master Plan and any actual development which has occurred in
the prior calendar year or development that is planned for the next five (5) years. The
level of detail provided in the annual report is a function of a changes proposed to
any Campus Master Plan or University Parking Master Plan and the progress in
implementing the plans.
(2) Parking capacity monitoring. The University shall monitor the capacity and utilization
of its off-street parking facilities and perform a supply/demand analysis to assess the
level of utilization, availability and appropriateness of location of campus parking
facilities. The analysis shall also indicate the type of user and the extent to which
parking is used jointly by different components of the campus. The results of the
monitoring and analysis shall be incorporated in a Parking Impact Analysis Report
prepared by a certified traffic planner or engineer to be provided by September 1,
2016, and every five(5)years thereafter as part of the Annual report for that year.
(3) Annual Mobility Plan implementation report. The University shall annually submit a
Mobility Plan to the Village as part of the Annual report identifying any changes from
66
the previous year's Mobility Plan and describing the progress in implementation of
the Mobility Plan with reference to the measurable objectives set out in the Mobility
Plan. The level of detail provided in the annual report is a function of the changes
proposed to the Mobility Plan and progress in implementing the plan.
(4) Independent Review. The village may utilize the services of a traffic engineer to
review the Parking Impact Analysis Report under Sec. 521.6. (f)(2). The cost of the
independent review is to be covered by the university.
Sec.521.61.-[Combined off-street parking.]
Nothing in this Article shall be construed to prevent collective provision for, or joint use of, off-street
parking facilities for 2 or more buildings or uses by 2 or more owners or operations, provided that the total
of such parking spaces when combined or used together shall not be less than the sum of the
requirements of the several individual uses computed separately in accordance with this Article. In such
cases, a recorded agreement shall be executed in the same manner as provided for in Sec. 521.63.
Sec.521.62.-[Shared usage.]
Required parking spaces may be utilized for meeting the parking requirements of 2 or more separate
permitted uses in accordance with the provisions of this code. The applicant shall clearly establish that
the different uses will only utilize the spaces at different times of the day,week, month or year such that
the total number of parking spaces required by this Article for each use is fully available during the
operation of each use. Table 521.631 Shared Parking Calculation, shall be utilized to calculate the
parking requirement. The owners of the property and all businesses or tenants involved shall submit a
recordable covenant, with the correct legal description, in a form acceptable to the village Attorney.The
covenant shall be recorded in the public records of Miami-Dade County at the applicants expense, and
shall run with the land.The covenant shall provide that the use or portion of a use, that requires the
shared parking in order to obtain the necessary permits or other village approvals, shall cease and
terminate upon any change in the uses' respective schedules of operation that results in conflicting or
overlapping need for or usage of the parking facilities, and that no use may be made of that portion of the
property until the required parking facilities are available and provided. The covenant shall also provide
that the village may recover its attomeys'fees if litigation is necessary to enforce the requirements of this
Section.
Sec.521.63.-[Calculating required parking.]
(A) Uses not specifically mentioned.The parking requirements for uses not specifically mentioned
shall be the same as provided in Table 521.64 for the most similar use and if no similar use exists
the parking requirements shall be as determined by the planning director.
(B) The parking requirement for mixed uses and shared parking shall be subject to review and
approval by the planning board in accordance with Article VI.
(C) Shared parking shall be authorized only though the execution of a parking agreement between
the applicant and the village setting forth the terms of the alternative parking agreement,
establishing business hours for businesses that are a party to the agreement. The agreement
shall require recalculation of required parking spaces based upon changes to the business
operation, or other terms and conditions the village deems necessary to ensure the alternative
parking calculation will remain appropriate.
(D) Fractional spaces.When units or measurements determining the total number of required off-
street parking spaces result in a fractional space, any such fraction shall require a full off-street
parking space.
(E) Mixed uses and shared parking.
67
(1) In the case of mixed uses,the total requirement for off-street parking spaces shall be the
sum of the various uses computed separately, except as provided for certain
combinations of use in Table 521.631, below and as provided for shopping centers,
general industrial complexes and storage or distribution warehouses which each have
single, comprehensive parking ratios to account for all permitted uses within such
centers.
(2) Shared usage. Table 521.631, "Shared usage,"designates the requirements for time of
operation differences between uses.
a. Computation.The number of shared spaces for 2 or more distinguishable land
uses shall be determined by the following procedure:
1. Calculate the minimum parking requirement, as set forth in Sec. 521 for
each use as if it were the only use.
2. Multiply the minimum parking requirement for each individual use by the
percentage indicated in Table 521.631,for each of the 6 designated time
periods.
3. Add the resulting sums of all uses in each of the 6 columns representing
the six time periods.
4. Select the single time period with the highest total parking requirement to
determine the shared parking requirement.
5. Captive Market Allowance. Reduce the shared parking requirement
calculated from 1 through 4 above an additional 15 percent to account
for people visiting more than 1 business.
Table 521.631
Shared Parking Calculations
Weekdays Weekends
Uses 1 a.m. 7 a.m. 5 p.m. 1 7 5
_ a.m. a.m. p.m.
— 7 — — — —
a.m. 5 p.m. 1 a.m.
7 a.m. 5 p.m. 1 a.m.
Offices/Warehouse 5% 100% 10% 5% 15% 0%
Retail/Services 0% 75% 75% 5% 100% 60%
Lodging** 100% 65% 100% 100% 65% 100%
Restaurant(<24 10% 70% 100% 20% 75% 100%
hr.)
Entertainment 25% 40% 100% 10% 90% 100%
Residential 100% 60% 100% 100% 75% 95%
68
0 4
Catering
hall/Conference 10% 100% 100% 25% 100% 100%
hall
Places of Worship 5% 10% 5% 5% 100% 50%
*Offices qualifying for this percentage must not be open to the public during weekend hours, and may be
required to execute enforceable restrictions to this effect in a form acceptable to the Village Attorney.
"Includes attached restaurant and lounge
Sec.521.64.-[Alternative parking generation standards.]
(A) The Planning Board may approve a parking needs analysis justifying an alternative parking
generation rate(s) provided by a petitioner for development approval or change of use, if such
alternate rate is the result of unique operating characteristics of the proposed use or mix of uses
upon the property, if there are distinctions between the parking demand generated by the
proposed use(s)and the parking standard(s)for the most similar use(s)contained in this Article,
or where the petitioner provides recent, professionally acceptable data and analysis
demonstrating that an alternate parking generation rate or stacking space requirement is more
appropriate for a class of use than that contained in this Article.
(B) A parking needs analysis shall include 1 or more of the following, as applicable, to support the
needs analysis:
(1) Estimates of parking needs based on recommendations in studies such as those from the
Urban Land Institute, Institute of Traffic Engineers, or industry standards based on data
collected from geographic areas and uses or combinations of uses that are similar to the
proposed uses(s). The analysis shall document the source of the data used to develop
particular recommendations.
(2) Actual parking counts for the development indicating that the full complement of parking
spaces or stacking spaces is not required. Such parking or stacking counts shall be
taken during peak demand parking and drive-thru hours.
(3) An analysis of the extent to which other parking options exist that would lessen on-site
parking requirements.
(4) An operational procedure indicating that the full complement of parking spaces is not
required and a guarantee of continuity of such operational procedure.
(C) The parking needs analysis shall include a statement of remedies in the event the village makes
a future determination that the full complement of parking or stacking is required. If for any
reason a traffic impact statement is required, the parking needs analysis shall be prepared by the
registered professional engineer who prepared the traffic impact statement. In the event that a
needs analysis is approved and the village makes a future determination that insufficient parking
or stacking spaces exists,the property owner shall be notified by certified mail that a remedy shall
be implemented within 60 days. A determination of insufficiency shall be made using 1 or more
of the following methods: monitoring of the parking/stacking; increased parking/stacking in the
rights-of-way caused by insufficient off-street parking or stacking on the site; or, verified
complaints of parking on neighboring properties by employees or visitors of the property in
question.
(D) The petitioner shall execute a parking agreement with the village pursuant to the procedures
specified in Sec. 521.63, setting forth the terms of the alternative parking or stacking generation
standard, which may require recalculation based upon changes to the business operation, or
69
other terms and conditions the village deems necessary to ensure the alternative parking or
stacking calculation will remain appropriate.
DIVISION 6. - BUILDING CUBAGE
Sec.522.-[Minimum building cubage.]
On a plot not exceeding 50 feet in width, which plot is situated in an R district in which the
required minimum building cubage is more than 20,000 cubic feet, the village council, on
recommendation by the planning board, may permit the erection of a dwelling having a cubage of less
than that required in the district, but not less than 20,000 cubic feet.
DIVISION 7. -QUALITY OF BUILDINGS
Sec.523.-[Quality of buildings generally.]
All buildings shall be generally harmonious in character and appearance, including exterior color,
with existing buildings in the neighborhood and shall be appropriate to their surroundings. In the event
that an application is made for a building permit for the construction of a building, or the performance of
work on an existing building, that, prima facie, would be inharmonious or inappropriate in the manner
indicated above, such permit shall not be issued except on recommendation by the planning board and
approval by the village council, as provided in Article VI.
(Ord. No. 503, §2, 1-6-87)
Sec.523.1.-[Construction.]
All buildings and structures shall be constructed, of materials approved under the Florida Building
Code and according to the then most current version of the Florida Building Code:
(a) [Materials.]Construction of all exterior walls and structural elements of a building shall be
of stone, brick, tile, cement or cement products with the following exceptions:
(1) JWFrim.]Door and window spaces may be trimmed in any material;
(2) [Architectural features.] Non-structural architectural features may be constructed of
other materials meeting the requirements of the Florida Building Code.
(3) [Columns.] Structural columns for entryways or patios, with sides unenclosed, may
be constructed of metal.
(4) [Trusses and joists.]Trusses and joists may be constructed of metal or wood.
(5) [Swimming pool enclosures.]Swimming pool enclosures may be framed in metal with
screen mesh roof and walls.
(6) [Screened porches in residential districts.] Screened porches in residential districts
every part of which is situated to the rear of the main building and between the
prolongations of the side lines thereof, may be framed in metal;
(b) [Decks.] Decks in the rear and side yards designed by a registered architect or
professional engineer, meeting setback requirements and situated to the rear of the main
building or to the side of the main building, may be framed in wood and may utilize wood
or wood composite materials for decking.
(c) [Carports.] A carport, every part of which is situated to the rear of the building and
between the prolongations of the side lines thereof, may be framed in metal with a metal
or fabric roof, subject to Sec. 523.1 (i);
(d) [Covered passageways.]A covered passageway, with sides unenclosed, between a main
building and an accessory building may be constructed of other than the materials first
listed above;
70
(e) Trellises, arbors, and pergolas. A heavy framework of cross timbers in an ornamental
openwork construction of woods serving as a protective screen, not to exceed in height
the roof eave line on a single-story residence to which it is attached, or not to exceed ten
feet in height on a detached structure; in rear yards not to exceed more than 20 percent
of the area of the yard; with minimum required setbacks as follows: No minimum
separation distance is required between structures; Front yard, 25 feet; side yard, ten
feet; and rear yard, five feet; to be designed by a registered architect and constructed of
one of the following: pressure-treated Southern pine, cedar or redwood; with minimum
timber sizes as follows:
(1) Support columns—Four inches wide by four inches deep,
(2) Main support beams—Nominal cross section of 16 square inches.
(f) [Roofing materials.]All roofs with inclines of not less than two and one-half inches per
foot and all mansard fascia's shall be limited to the following materials:
(1) Clay tile the color of which is impregnated with the same color intensity throughout;
(2) White concrete tile;
(3) Solid colored cement tile impregnated with the same color intensity throughout;
(4) Thick butt variegated slate;
(5) Metal with a factory finish and that has received a"notice of acceptance"from Miami
Dade County and that is labeled "Miami-Dade County Product Control Approved"
may be used as roofing material for residences and commercial buildings subject to
review and approval of the planning board, in accordance with the following:
a. The subject residence is constructed in the high modem, post-war modem,
ranch or Key West architectural style, or a variation thereof.
b. The type of roof shall be limited to standing seam metal and shall specifically
exclude metal roofing intended to replicate barrel tile or Spanish-S tile.
C. The color of the roof shall be subject to approval by the planning board and
shall be limited to colors that are not bright or highly reflective and that are
harmonious with the exterior color of existing buildings on the plot and the
neighborhood in general.
d. The details, color, and manner of installation shall be consistent with the
architectural design, style, and composition of the residential or commercial
structure.
e. The use of a metal roof is architecturally compatible with the established
scale, context, and character of the surrounding area.
(6) Glazed tiles.
(7) Slurry coats for concrete tiles are not permitted.
(8) Asphalt shingles may be used to replace an existing asphalt shingle roof if an
engineer's evaluation is provided to the village certifying that the roof is not
structurally adequate to utilize any of the approved roofing materials.
(9) Metal shingles may be used in commercial zones only.
(10) Notwithstanding the above, multicolored roofs and nonstandard colors may only be
used upon advance approval by the planning board.
(11) Any substantial change from existing materials in place, shall require the approval of
village staff for aesthetics and harmony with other buildings in the proximity thereof.
71
(g) [Additional materials.]All roofs having an incline of less than two and one-half inches per
foot shall be constructed of build-up roofing material and gravel modified bitumen, or
fiberglass cap.
(1) Any substantial change from existing materials in place shall require the approval of
village staff for aesthetics and harmony with other buildings in the proximity thereof.
(h) [Flat roofs.] Flat roofs are permitted on additions to existing pitched-roof structures
providing:
(1) A sloped roof is not practical, and this shall be determined by the planning board.
(2) The addition shall not exceed 15 percent of the ground area of the pitched roof
section of the existing buildings, or a maximum of 300 square feet, whichever is
greater(any existing flat roof sections shall count against allowable new area);
(3) The addition is not visible from the front elevation of the building on an inside lot, or is
not visible from the front or side street elevations on a comer lot.
(i) [Metal, fabric roofs.] Metal or fabric roofs are permitted to cover porches, patios and
carports in residential districts, providing:
(1) The structure is located in the rear of the building and shall be situated so that it is
between the prolongations of the sidelines thereof; and
(2) The metal or fabric roof material shall be colored by a factory process and shall be
harmonious in color with the main building; and
(3) The total area covered by the metal or fabric roofs shall not exceed 15 percent of the
ground area of the main building, or, a maximum of 300 square feet, whichever is
greater.
0) This subsection shall not be construed to permit the use of imitation barrel tiles or
chickees both of which are prohibited.
(1) Chickees legally constructed and existing on the effective date of this ordinance may
continue subject to the following regulations but may not be replaced:
a. A chickee shall be properly maintained at all times free of insects,vermin and
mold, and shall be rethatched as necessary; and
b. A chickee shall be treated with a water-based fire retardant. The fire
retardant is to be reapplied annually and the property owner shall provide
proof of the reapplication to the building official annually prior to the
anniversary date of the chickee's certificate of completion; and
C. The village building official may order that the chickee be rethatched if visual
inspection confirms that the roof has deteriorated structurally or aesthetically
so as to become structurally unsound or unsightly.
Sec.523.2.-[Hybrid roofs.]
In addition to the roofing materials permitted under Sec. 523.1. Construction, the following hybrid
roofing systems and materials may be permitted.
(a) A metal pan tile with clay cap tile roofing system may be utilized for residences subject to
Planning Board review and approval and in accordance with the following criteria:
(1) All roof sections must begin and end with clay cap tiles at the hip, rake and ridge
lines, and not begin or end with pan tiles. The rake line must end with a cap tile and
rake tile.
72
(2) Clay cap tiles are to be set perpendicular to the roof eave in a straight line from the
eave to the roof ridge with a variation in spacing between the rows of not more than
four(4) inches within a variation of one(1) inch plus or minus.
(3) The clay cap tile shall be impregnated with the same color intensity throughout.
(4) The metal pan tiles and clay cap tiles shall be of natural clay colors and shall match
each other in color to the greatest extent possible.
(5) The details, color, and manner of installation shall be consistent with the architectural
design, style, and composition of the residential structure, the neighborhood and
community.
(6) No material of any kind shall be placed between the clay cap tiles except for the
metal pan tiles.
(7) All work on the construction, alteration or repair of roofs shall be performed in a good
and workmanlike manner according to accepted, standards and practices in the
trade.
(Ord. No. 403, §§ 1, 2, 7-18-78, Ord. No. 417, §§ 1, 2, 4-1-80, Ord. No. 433, §§ 1, 2, 10-20-81; Ord. No.
450, §§2, 4, 12-21-82, Ord. No. 461, § 1, 12-6-83, Ord. No. 543, §§ 1-3, 9-25-91; Ord. No. 553, §§ 1, 2,
12-1-92, Ord. No. 672-09, § 1, 2-3-09, Ord. No. 673-09, §2, 5-19-09)
Editor's note-
Ord. No. 672-09, adopted Feb. 3, 2009, contained a sunset clause which required that the ordinance be
reconsidered one year after its adoption. It was tabled in February 2010 and subsequently reestablished
as of Feb. 15, 2011, including the referenced one-year sunset clause due to expire in February 2012
unless otherwise amended. The provisions dealing with chickee huts were subsequently amended again
with the adoption of Ord. No. 673-09.
73
DIVISION 8. -NONCONFORMING USES
Sec. 524. - [Nonconforming buildings, or uses of buildings, lands, or buildings in combination
with lands.]
As used in this section, a nonconforming building, or nonconforming use of a building, land or
building in combination with land, is a building or use of a building, land or building in combination with
land that was legally permitted and fully legally established under the applicable zoning code
requirements in effect at the time it was established, but which is no longer allowed under the current
code.
(a) Nothing in this Article shall be interpreted as authorization for, or approval of, the
continuation of the use of a structure or premises in violation of any ordinance in effect at
the time the use was initially established on the premises.
(b) The casual, temporary or illegal use of land or a structure, or part thereof, shall not be
sufficient to establish the existence of a nonconforming use or to create any vested rights
in the continuance of such a use.
Sec.525.-[Nonconforming buildings.]
The following regulations shall apply to a building or parts thereof, that was legally permitted and
fully legally established under the applicable zoning code requirements in effect at the time it was
established, but which is no longer allowed under the current code:
(c) Additions, extensions or alterations. A nonconforming building shall not be enlarged or
altered in a way which increases its nonconformity.
(1) Additions, extensions or alterations to nonconforming structures are subject to
site plan review by the Planning Board under Article VI and shall comply with all
applicable provisions of this Code.
(b) Maintenance. Ordinary maintenance and repair on nonconforming structures shall be
allowed, in accordance with all applicable code provisions.
(c) Reconstruction. In the event any nonconforming structure is damaged such that the cost
of repair or replacement would exceed fifty percent (50%) of the then current county tax-
assessed value of the structure, the structure and its associated on-site improvements
shall not be reconstructed except in full conformance with all then applicable
requirements of this Code.
Sec.526.-[Nonconforming use of land,buildings or land in combination with buildings.]
The following regulations shall apply to the use of land, buildings or land in combination with
buildings, that was legally permitted and fully legally established under the applicable zoning code
requirements in effect at the time it was established, but which is no longer allowed under the current
code made nonconforming either by the adoption of this ordinance or by any subsequent amendment
thereof:
(d) Additions, extensions or alterations. A nonconforming use of a building or portion of a
building shall neither be expanded into any other portion of the building nor changed
except to a conforming use. The nonconforming use of land shall not be enlarged,
expanded or extended in area.
(1) Additions, extensions or alterations are permitted to buildings containing
nonconforming uses provided same conforms to the provisions of this code and
the nonconforming use does not expand into the new space.
(2) Additions, extensions or alterations to nonconforming buildings containing
nonconforming uses are subject to site plan review by the Planning Board under
74
Article VI and may be approved provided the addition, extension or alteration is
conforming to the provisions of this code and the nonconforming use does not
expand into the new space.
(e) Discontinuance of use. If the nonconforming use of a building or land ceases for any
reason for a period of six (6) months or more, that use shall lose any lawful,
nonconforming status, and the building or land on which the nonconforming use took
place shall from then on be used for conforming uses only. Maintenance of a Local
Business Tax Receipt for the nonconforming use shall not in and of itself be considered
proof that the use has been in continuous operation.
(f) Maintenance. Ordinary maintenance and repair of buildings containing nonconforming
uses shall be allowed, in conformance with all applicable code provisions.
(g) Change or intensification of use. The nonconforming use of a building or land shall not be
permitted to change in mode or character of operation that will result in an intensification
of the use except for changes that otherwise comply with all applicable code provisions.
Sec.527.-[Signs.]
Every nonconforming sign legally permitted and fully legally established under the applicable
zoning code requirements in effect at the time it was established, but which is no longer allowed under
the current code, previous zoning code amendments, or subsequent zoning code amendments shall,
within three years after the time that it becomes nonconforming, be removed or brought into conformity
with the regulations as to signs that are set forth in Section 504.
DIVISION 9. -SUBDIVISIONS
Sec.528.-[Submittal requirements.]
Any subdivision of land as defined in Section 245.5 shall require the submittal of a plat (as
defined in Section 228.5) for approval by the planning board and village council. The plat shall be
prepared in accordance with the provisions of Chapter 28 of the Code of Metropolitan Dade County,
Florida, the provisions of said Chapter 28, as from time to time amended, being made a part hereof by
reference thereto.
(Ord. No. 531, § 16, 7-19-90, Ord. No. 534, §2, 11-20-90)
DIVISION 10.— DRAINAGE
Sec.529. -[Level-of-service standard.]
On-site drainage (structural drains or detention) shall meet the drainage level-of-service
standards specified in Section 906(a) plus all appropriate county and state requirements.
(Ord. No. 531, § 16, 7-19-90)
DIVISION 11. -SEPTIC TANKS
Sec. 530.-[Approval requirements.]
Any development requiring a new septic tank or other onsite sewage disposal facility shall not
receive a building permit until the soil suitability for the proposed system has been approved by Miami-
Dade County.
(Ord. No. 531, § 16, 7-19-90)
75
DIVISION 12. - RESERVED
Sec.531.-[Reserved]
DIVISION 13. - COMMUNITY RESIDENTIAL HOMES
Sec.532. -[Requirements; approval; denial.]
(a) "Community residential homes" as defined in Section 210.5 shall be permitted as a
dwelling in all residential districts if:
(1) They have six or less clients;
(2) A distance of at least 1,000 feet is maintained between such community
residential homes; and
(3) The sponsoring agency or the Florida Department of Children and Families has
notified the city [village] manager as to its conformance with all Florida
Department of Children and Families licensing requirements.
(b) Facilities with seven to 14 clients shall be permitted in all multifamily residential districts
(A-1, A-2 and PRO) if a 1,200-foot minimum distance is maintained and the requirements
of(d) below are met.
(c) Community residential homes under both (a) and (b) above shall also meet the following
standards:
(1) The resident administrator has had college level courses in relevant social
sciences plus a high school diploma and three years of relevant experience.
(2) The facility has at least:
a. Thirty-five square feet of combined living room and dining area per client
resident;
b. Sixty square feet of bedroom space per resident unless in single
bedrooms, the 80 square feet per bedroom;
C. One toilet, lavatory and bathing facility per four residents; and
d. Otherwise meet the Florida Department of Children and Families
standards.
(d) Community residential homes with seven to 14 residents ((b) above) and locating in
multifamily(A-1,A-2 and PRO)districts shall undergo the following review process:
(1) When a site has been selected by a sponsoring agency, the agency shall notify
the village manager in writing and include in such notice the specific address of
the site, the residential licensing category, the number of residents and the
community support requirements of the program. Such notice shall also contain a
statement from the district administrator of Florida Department of Children and
Families indicating the need for and the licensing status of the proposed
community residential home and specifying how the home meets applicable
licensing criteria for the safe care and supervision of the clients in the home. The
district administrator shall also provide to the village manager the most recently
published data compiled that identifies all community residential homes in the
district in which the proposed site is to be located. The village council shall
review the notification of the sponsoring agency in accordance with this
ordinance.
(2) Pursuant to such review, the village council may:
a. Determine that the siting of the community residential home is in
accordance with local zoning and approve the siting. If the siting is
76
approved, the sponsoring agency may establish the home at the site
selected.
b. Fail to respond within 60 days. If the local government fails to respond
with such time, the sponsoring agency may establish the home at the
site selected.
C. Deny the siting of the home.
(3) The village council shall not deny the siting of a community residential home
unless it establishes that the siting of the home at the site selected fails to meet
one of the following criteria:
i. Does not otherwise conform to existing zoning
regulations applicable to other multifamily uses in the
area.
ii. Does not meet applicable licensing criteria established
and determined by Florida Department of Children and
Families, including requirements that the home be
located to assure the safe care and supervision of all
clients in the home.
iii. Would result in such a concentration of community
residential homes in the area in proximity to the site
selected, or would result in a combination of such homes
with other residences in the community, such that the
nature and character of the area would be substantially
altered. A home that is located within a radius of 1,200
feet of another existing community residential home in a
multifamily zone shall be an overconcentration of such
homes that substantially alters the nature and character
of the area.A home that is located within a radius of 500
feet of an area of single-family zoning substantially alters
the nature and character of the area.
(4) If agreed to by both the village council and the sponsoring agency, a conflict may
be resolved through mediation as provided for in Chapter 89-372, Laws of
Florida.
(5) Florida Department of Children and Families shall not issue a license to a
sponsoring agency for operation of a community residential home of seven to 14
residents if the sponsoring agency fails to notify the local government of its
intention to establish a program, as required by law and outlined above.
(e) Adult congregate living facilities (ACLF) as defined in Section 202.5 shall be permitted in
A-2 multifamily districts.
(Ord. No. 531, § 16, 7-19-90)
77
DIVISION 14. - LAKES
Sec.533.-[Retention of existing lakes.]
All existing lakes, including Mirror Lake, shall be retained with no filling permitted.
(Ord. No. 531, § 16, 7-19-90)
DIVISION 15. -WATERFRONT LANDS
Sec.534.-[Development.]
Any new development on land adjacent to Biscayne Bay, Biscayne Canal or other tributaries of
the bay shall be subject to special approval under Article VI of this ordinance. The site plans shall be
reviewed with respect to:
(a) Retention of natural vegetation near the water's edge;
(b) Storm drainage that detains the first one inch in natural or filtered structural facilities; and
(c) Construction that is sensitive to the floodplain and avoids its filling.
(d) Unless otherwise specified,setbacks for waterfront plots shall be measured from the
plot line.Where the plot line extends into the canal or bay or over the bulkhead,seawall
or riprap,setbacks shall be measured from the landward edge of the cap of the
bulkhead,seawall or the top of the riprap (where said riprap has been placed in
accordance with the provisions of Chapter 24 of the Miami-Dade County Code)or from
the mean high water line as defined in Chapter 177, Part 2, Florida Statutes,where no
bulkhead,seawall or riprap exists.
(Ord. No. 531, § 16, 7-19-90)
DIVISION 16.—SIDEWALKS
Sec.535.-[Construction.]
Construction of any new principal building shall require the construction of public sidewalks within
the right-of-way by the plot owner if not already existing unless waived by the planning board.
(Ord. No. 531, § 16, 7-19-90)
78
DIVISION 17. - LANDSCAPING [46]4
Sec.536. -[Design standards.]
(a) All green space shall be planted with grass, sod or living ground cover and a minimum of
two trees.
(b) The use of impervious material as ground cover shall be prohibited except for areas
dedicated to vehicular driveways, patios,tennis courts or pool decks. Chatahoochie stone
or similar materials shall not be substituted for grass, sod or living ground cover.
(c) A boat storage area of 200 square feet surfaced by gravel rock of one-half inch diameter,
or greater, shall be permitted.
(d) Use of mulch as ground cover to enhance the growth of an adjacent shrub or tree is
permitted in epen green spaces however; cypress mulch, shell, crushed stone pebbles,
inorganic mulch, plastic, rubber and glass shall not be used.
(e) Vegetable gardens are permitted in rear yards only.
(Ord. No. 554, § 1, 12-1-92)
Sec.537.-[Maintenance standards.]
(a) Property owners are responsible for the proper maintenance of landscaping on their
property in accordance with the ordinances of Miami Shores Village. Maintenance shall
include watering, mowing and trimming on a regular basis as required in each instance to
keep said landscaping in healthy, attractive and growing condition. Fertilizing, treating,
mulching, removal or replacement of dead or diseased plants and removal of refuse and
debris shall be done as required to maintain the health and appearance of landscaping
as follows:
(1) The length of the grass and lawn shall be that necessary to provide a neat, well-kept
appearance, but in no case shall exceed eight inches.
(2) Ground cover used in lieu of grass shall be of one uniform type through a given lawn
area and shall not be permitted to become adulterated with weeds.
(3) Grass and ground cover areas shall be kept free of weeds and the total of all non-
growth areas shall not exceed 25 percent thereof.
(4) Property owners are responsible for maintaining the landscaping on parkway areas
with the exception of trees. (See Section 20-17 of Code of Ordinances.)
(b) Shrubs and trees shall be trimmed in accordance with the Miami Shores Village Code of
Ordinances. (See Section 10-10.)
(c) Maximum allowable heights for hedges parallel to property lines shall be maintained as
provided by Section 518(a)of Zoning Ordinance 270, as amended.
(d) All required planting shall be a minimum grade of Florida No. 1, or better.
(e) The removal of living trees from property within the Village shall be governed by Sections
24-60 through 24-60.9, Miami-Dade County Code, except in the case of properties
designated as "Historic Landmarks," in which case Section 11-6 of this Code shall
govern.
(f) Dead trees shall be removed, and damaged or diseased trees shall be treated.
4(46)Editor's note—inasmuch as Ord. No. 554, § 1, adopted Dec. 1, 1992, did not specify manner of
codification, inclusion herein as Division 17, §§536-538 was at the discretion of the editor.,(Back,)
79
(g) Prohibited and controlled tree species, controlled plant species and prohibited plant
species, that are listed in the Miami-Dade Landscape Manual and prohibited by Miami-
Dace County shall not be planted in the village.
(h) The Miami-Dade County Landscape Ordinance and Landscape Manual shall be utilized
to identify recommended and approved trees and ground cover except as otherwise
provided by provisions of the village code.
(i) All landscaping, mulch or impervious material proposed to be placed in the
swale/parkway, with the exception of grass, must be reviewed and approved by the
Public Works Director before it may be installed. Driveways or parking areas must be
reviewed and approved by the planning director before they are installed.
(Ord. No. 554, § 1, 12-1-92)
Sec.538.-[Landscaping descriptions and definitions.]
Florida Number One. The minimum standards for plant quality and acceptable method for
installation and culture as established by the State of Florida Department of Agriculture in the publication,
Grades&Standards for Nursery Plants, Part I and 11.
Green space. All areas of plot not occupied by buildings or impervious surfaces of any kind and
that is located at ground level.
Ground cover. A planting of low growing plants that provide a complete cover over an area in one
growing season and including the area of lawful mulch around the plant.
Landscaping. Living plant material purposely installed for functional or aesthetic reasons at
ground level and open to the sky.
Landscape maintenance. The irrigation and cultivation of landscaping to keep a neat and orderly
appearance, including removal of debris, replacement of required plantings and the control of growth
thereof.
Lawn, turf and sod. The surface layer of soil that is bound by a solid cover of grassy plants and
roots.
Mulch. An organic soil additive or decorative topping such as chipped bark or wood chips used for
reducing evaporation,weed control, soil enrichment or decorative purposes.
(Ord. No. 554, § 1, 12-1-92)
80
DIVISION 18. - HOME OCCUPATIONS AND PROFESSIONAL OFFICES
Sec.539.-[Home occupation requirements.]
The following specific standards shall apply to all home occupations:
(a) Home occupations shall be restricted to a home office.
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and
secondary to its use for residential purposes.
(c) The area of the dwelling unit devoted to a home occupation shall not exceed twenty (20
percent of the area of one floor thereof.
(d) No home occupation shall be conducted in any accessory building or other structure
detached from the residence.
(e) Storage in conjunction with a home occupation shall be restricted to the home office.
(f) The home occupation must be conducted only by a member of the household residing in
the dwelling unit. Nonresident employees, partners or contractors are not permitted on
the premises and all sales and all services or work that requires the presence of such
individuals shall take place off premises.
(g) Not more than one customer, vendee, client or other patron shall be served in person on
the site at a time,
(h) No person shall provide facilities or services, whether compensated or not, to allow
individuals who are not members of the household residing in the dwelling unit to use the
premises as a meeting room or to conduct business on the premises.
(i) No home occupation shall be conducted that requires the use of an electrical generator.
Q) The home occupation shall not create noise, vibration, glare, fumes or odors detectable
to the normal senses outside the dwelling unit.
(k) No equipment or process shall be used which creates visual or audible interference in
any radio, television or computer off the premises, or causes fluctuations in line voltage.
(1) There shall be no change in the outside residential character of the building or premises
as a result of the conduct of such home occupation, or any visible evidence thereof
except for signs as regulated by Sec. 504(b)(1)and as required by state regulations.
(m) No traffic shall be generated by such home occupation in greater volume than would
normally be expected in the neighborhood.
(n) The swale shall not be utilized for parking in conjunction with a home occupation.
(o) All vehicle parking required for the conduct of the home occupation shall be off-street and
located on the same plot as the home occupation it serves.
(p) Activities such as, but not limited to an animal hospital, barbershop, beauty parlor, clinic,
hospital or any similar use shall not be deemed to be a home occupation.
(q) The use must qualify for and secure all necessary local, state and federal licenses,
certificates and permits.
(r) No person shall engage in any home occupation without first having paid the amount of
local business tax required and without first having obtained from the village a local
business tax receipt.
(s) Home occupations not specifically permitted are hereby prohibited.
81
Sec.540.-Reserved
DIVISION 19.-OPEN AIR CAFES
Sec.541.-[Open air cafe regulations.]
(a) An applicant for an open air cafe in conjunction with a restaurant, and in accordance with
the terms of this division, shall be referred to the planning board which shall transmit to
the village council a report and recommendation as to the disposition thereof. Thereafter,
upon consideration of the planning board's report and recommendation, the village
council may accept, modify or reject such recommendation, and may approve such open-
air cafe in conjunction with a restaurant as a conditional special use accessory to a
restaurant in the B-1 zoning district, subject to all Code requirements and subject to the
additional conditions and restrictions contained in this division.
(b) Each application for such use shall be filed on the appropriate application form with the
planning and zoning department and be submitted to the village council for review. Such
application shall include a site plan delineating the floor plan of the existing restaurant,
and the proposed open air cafe, including tables, chairs and restrooms. The site plan
shall also show the existing parking, any existing landscaping, proposed lighting, layout
of all tables, chairs, benches, and other furniture, and pedestrian ingress and egress. An
open air cafe located on sidewalks must remain at the elevation of the existing sidewalk.
(c) Each application filed seeking to obtain approval for an open air cafe shall, in the case of
a lease or sublease, be accompanied by a written statement from the landlord and owner
of the underlying property, consenting to the use of the real property as an open air cafe.
(d) An annual administrative fee of$250.00 will be charged for the issuance of an open air
cafe "conditional special use" permit in addition to the business tax receipt charged by
the village. The open air cafe permit expires annually and creates no vested rights to
renewal and is not transferrable, or portable.
(e) The operation of the open air cafe shall not interfere with pedestrian or vehicular traffic on
the adjoining streets, alleys or sidewalks. The open air cafe shall not obstruct public
access to any crosswalks, public seating areas, transit stops, service easements,
handicap facilities or access to adjacent commercial establishments.
(f) An open air cafe shall not occupy an area of more than 30 percent of the total area of the
primary restaurant operation appurtenant thereto.
(g) Open air cafe areas shall not be permitted facing a residential zoning district.
(h) Open air cafe areas shall be restricted to the length of the sidewalk or public right of way
immediately fronting the established restaurant. The space for such use shall not extend
beyond the plane of the interior wall which is perpendicular to the front or rear wall
closest to such use. All open air cafe areas shall be set-back from any right-of-way
landscaping or paved roadway by no less than five feet.
(i) All kitchen and/or beverage service equipment used to service the open air cafe area
shall be located within the kitchen of the primary restaurant appurtenant thereto. The
service of patrons of the open air cafe shall be at tables only and no counter service, self-
service or pass through window shall be permitted.
(j) The owner/operator of the open air cafe shall be responsible for maintaining the
establishment in a clean and safe condition at all times. After the close of business, all
outdoor items and tables and chairs shall be removed from the right-of-way . Open air
cafe garbage shall be placed with the established restaurant's garbage.
(k) Notwithstanding any other provisions of the Code, no additional fixed signage shall be
allowed for the open air cafe. For the purpose of displaying the menu items, temporary
menu boards on stanchions with removable letters may be located outside during
82
operating hours provided that they are relocated within the restaurant at the close of
business daily.
(1) No outdoor speaker, stereo system, live bands, or outdoor entertainment shall be allowed
for open air cafes.
(m) The open air cafe hours of operation shall be no greater than those of the principal
restaurant appurtenant thereto.
(n) Parking requirements shall be calculated as for restaurants; however the first 100 square
feet of the open air cafe is exempt from providing additional spaces.
(o) Awnings shall be allowed provided that they are totally supported by the building and a
seven-foot height clearance is maintained. Individual table umbrellas shall not extend
outside of the setback requirement as set forth above and must also maintain a seven-
foot height clearance. Approval of awning/umbrella color selection shall be required as
part of the special approval process. Umbrellas in the right-of way shall maintain a seven
and one-half foot clearance.
(p) There shall be no permanent fencing, railings, plantings or other barriers installed or
erected to delineate the open air cafe. The sidewalk right-of-way shall not be drilled or
altered to accommodate poles, posts, or similar type items.
(q) The owner/operator of every open air cafe, as a precondition of such use, shall provide
the village with a hold harmless agreement indemnifying the village from any claims for
damages to property or injury to persons relating to such open air cafes, in a form
reasonably acceptable to the village attorney.
(r) The owner/operator of every open air cafe, as a precondition of such use, shall furnish
the village proof of applicable insurance coverage(s) in an amount no less than
$1,000,000.00 each, for bodily injury and property damage per occurrence. Such
insurance shall include the provision that the policy shall not be terminated or cancelled
prior to the expiration of the annual open air cafe permit, without 30-days written notice to
the Miami Shores Village Manager. Said insurance policies shall name Miami Shores
Village as an additional insured. Lapse or absence of said insurance shall be grounds for
revocation of the open air cafe permit.
(s) In approving an open air cafe, the village council may prescribe appropriate conditions
and safeguards in conformity with the provisions of the Code. Violations of such
conditions and safeguards or of the provisions of this section, when made a part of the
terms under which the open air cafe is approved, shall be deemed grounds for revocation
of the conditional special use, and punishable as a violation of the Code.
(Ord. No. 625, §2, 9-19-00)
DIVISION 20.—PORTABLE STORAGE UNITS
Sec.542.-[Portable Storage units.]
(a) Definitions. For the purpose of this sub section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) Portable storage units. Any container, not including trailers, designed for the outdoor
storage of personal property which container is typically rented to owners or
occupants of property for their temporary use and which is delivered and removed by
vehicle.
83
(2) User.The owner or occupant of property entering into an agreement with a portable
storage unit company for the placement of a portable storage unit on a site located in
the village
(b) Location of portable storage units.
(1) Portable storage units may be temporarily located in the R District provided they are
placed on the user's plot, are not located in the right-of-way including the swale, do
not obstruct the sidewalk and are located not less than ten feet from side plot lines.
(2) Portable storage units may be allowed in the A District or AM District only upon the
applicant demonstrating, to the satisfaction of the village, that the specific location
and site has sufficient space to place a portable storage unit and continue to provide
adequate parking, public safety access and comply with all health, safety and welfare
concerns.
(c) Size of portable storage units.
The portable storage unit shall be no larger than 130 square feet in area, sixteen feet in
length, eight feet in height and eight feet in width.
(d) Permits.
(1) A building permit for a portable storage unit issued by the building department is
required for the placement of a portable storage unit on a plot.Application for the site
permit shall be made to the village on a form provided by the building department.
(2) The plot owner is required to sign the permit application in order to ensure that the
plot owner consents to the placement of the portable storage unit on the site and
acknowledges the requirements of this section.
(3) A portable storage unit permit fee shall be submitted with the completed application.
The user shall pay the portable storage unit permit application fee.
(4) The portable storage unit permit shall be valid for a period not to exceed fourteen
days.
(e) Duration.
(1) Portable storage units shall not remain on a plot in excess of fourteen days.
(2) Users are limited to a maximum of two portable storage unit permits per calendar
year.
(fl Maintaining portable storage units.
(1) The user and the portable storage unit company shall be responsible to ensure that
the portable storage unit is in good condition, free from evidence of deterioration,
weathering, discoloration, rust, ripping, tearing or other holes or breaks.
(2) 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. The sign must be permanently adhered
to, or painted on, the portable storage unit.
(3) When not being loaded or unloaded the portable storage unit shall be kept locked.
84
(4) The owner/occupant of any site on which a portable storage unit is placed shall be
responsible for ensuring that no hazardous substances are stored or kept within the
portable storage units.
(5) In the event of a hurricane warning, as defined by the National Oceanic and
Atmospheric Administration (NOAA)the portable storage unit company shall use their
best efforts to contact customers and remove storage units in a timely manner prior
to the storm.
DIVISION 21.-HOTELS
Sec.543.-[Hotels.]
(a) The following restrictions shall apply to all hotels:
M New hotels, motels or site plans and modifications to existing hotels, motels or site
plans, the design of the buildings, and all display of signs in connection therewith
shall be referred to the planning board as provided in Article VI for review and the
recommendation of the planning board shall be forwarded to the village council for
final determination as provided in Article VI.
.(22. Hotels or motels having not less than 35 sleeping rooms may contain dining facilities
operated primarily for the benefit of guests thereof. The seating capacity of such
facilities shall not exceed a number which is 70% of the total number of rooms
contained in the hotel or motel. Ingress and egress to such dining area shall be
entirely from within the building in which such area is located.
(3, Occupancy of any hotel shall be restricted to guests who are in transient occupancy.
The guest is not in transient occupancy if the dwelling unit is the sole residence of the
guest as evidenced by lack of a permanent address elsewhere, receipt of mail at the
address of the dwelling unit, listing of the dwelling unit address as a permanent
address in any official record or identification such as a driver license reflecting the
address of the dwelling unit.
DIVISION 22.—DUMPSTER ENCLOSURES
Sec 544.-[Dumpster enclosures.]
(a) Dumpster enclosures: Shall be subject to the following requirements:
(1) All commercial uses and multi-family dwellings with more than 4 units shall be
provided with dumpsters.
(2) All dumpsters shall be kept within opaque enclosures that block the dumpsters from
view from within the site and from off-site.
(3) All dumpster enclosures shall be built to comply with all building code requirements.
(4) No dumpster or dumpster enclosure shall be located within a required front yard or
landscape buffer, and dumpsters shall not be located within a required rear or side
yard unless a street or dedicated alley separates the plot from any adjacent residential
plot.
(5) Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could
prevent the free discharge of their contents.
85
(6) Dumpsters and the area around the dumpster and dumpster enclosure shall not be
used for disposal of furniture and major appliances and shall be maintained by the
property owner free of overflowing refuse at all times. If there is a continuous or
recurring problem of insufficient dumpster capacity the property owner will be required
to arrange for a larger or additional dumpster. If an increase in capacity or number is
required the enclosure shall continue to meet all provisions of this section.
(7) Properties with dumpsters existing on the effective date of this ordinance shall be
brought into full compliance with the requirements of this section within three years
after the adoption of this ordinance.
ARTICLE VI. - SPECIAL APPROVALS
Sec.600.-[Generally.]
This article sets forth the procedure for and standards applying to special approvals required in
this ordinance,to wit:
(a) Approval by the village council as to certain uses specified in the schedule adopted by
Article IV;
(b) Approval by the planning board as to site plans, as required in the aforesaid schedule;
(c) Approval or other determination by the planning board as to building design, display of
signs and other matters, as required in the aforesaid schedule and elsewhere in this
ordinance.
Neither the village council nor the planning board shall have jurisdiction to act in any of the
aforesaid matters except in accordance with the procedure described in this article, and any approval
otherwise given shall be of no effect and any building permit or certificate of occupancy issued pursuant
to any such purported approval shall be null and void. None of the foregoing matters shall be presented to
nor considered by either of said bodies except in the form prescribed herein, including accompaniment by
all information required herein or hereunder.
Sec.601.-[Application for village council approval.]
Every application for approval by the village council of a use for which such approval is required
by the provisions of the schedule adopted by Article IV shall be presented on a form prescribed by the
village manager, giving full details of the proposed use, and shall be accompanied by:
(a) A plot plan showing the site of the proposed buildings and indicating any contiguous land
owned by or under the control of the applicant, and
(b) A sketch of all buildings involved in the application.
Sec.602.-[Consideration of application;factors.]
The village council shall consider the aforesaid application, generally, in the light of the purposes
set forth in Article I and, specifically,with respect to:
(a) Traffic resulting from the proposed use in the relation of its volume to normal traffic in the
neighborhood, the relation of its routes to intersections and routes of pedestrian traffic,
especially that of children, and crossing of lines of traffic flow;
(b) Intensity of activity of the proposed use in relation to the existing use and prospective
development of property in the neighborhood,whether in the same district or not;
(c) Functional relationship of the proposed use to the existing use and prospective
development of property in the neighborhood, with respect to the most beneficial and
appropriate use of land;
86
(d) Appearance of the proposed building and the development of the site with respect to the
degree of its harmony with existing and prospective development in the neighborhood;
(e) Existing natural vegetation and landscaping, and proposals for vegetative retention and
proposed landscaping.
(Ord. No. 531, § 17, 7-19-90)
Sec.603.-[Approval by council.]
If the village council concludes that, in its opinion, the proposed use will be in harmony with the
purposes of this ordinance in the respects set forth in Section 602, it shall approve the proposed use,
subject to any conditions that it deems to be necessary or advisable in furtherance of the aforesaid
purposes, in connection with which it may require such guarantee as it deems to be necessary to assure
that such conditions will be met.
Sec.604.-[Site plan approval—Information required.]
Every site plan presented to the planning board shall show the complete layout of the proposed
development of the site, including the following:
(a) Locations of all buildings and the front, sides and rear elevations thereof, including the
location, size, type and design of all signs;
(b) Locations of all areas to be used for automobile parking and, in other than R, A and PRO
districts, for the loading and unloading of goods;
(c) Locations and widths of all driveways on and giving access to the site;
(d) Locations and nature of all walls, fences, landscaping and natural vegetation;
(e) Existing and proposed drainage of the site;
(f) Such other information as the planning board may require in order to act on such site
plan in accordance with the requirements of this article.
(Ord. No. 531, § 18, 7-19-90)
Sec.605.-[Same—Action on site plan.]
In acting on a site plan,the planning board shall:
(a) Require adequate space for automobile parking and for the loading and unloading of
goods, as specified in the schedule contained in Article IV;
(b) Make such requirements as to the location of such space and driveways giving access
thereto and of vehicular access to the site as will protect the public safety and serve the
public convenience;
(c) Make such requirements as will assure adequate drainage of the site, subject to approval
by the South Florida Water Management District with respect to any land lying adjacent
to any drainage canal;
(d) Make such requirements with respect to the following matters:
(1) Building design and location, including setbacks if deemed advisable;
(2) The location, size,type,design and extent of display of signs;
(3) The location and nature of walls and fences;
(4) The location, nature and provision for the maintenance of landscaping;
as will assure a harmonious relation between the uses to which the site plan
applies and existing and prospective residential and other development in the
vicinity.
87
(Ord. No. 531, § 19, 7-19-90)
Sec.606.-[Performance standards for C districts.]
The planning board shall apply the following standards in acting on proposed new uses and
changes of use in C districts, and such standards shall govern both the establishment of any use and its
continuing operation:
(a) No odor, dust, fumes, gas, smoke or other atmospheric pollutant shall be disseminated
beyond the boundaries of the immediate site of the building in which the use is
conducted.
(b) There shall be no noise or vibration resulting from or in connection with the use that is
perceptible from any part of any R, A or Pro district.
(c) There shall be no glare resulting from or in connection with the use that is observable
from outside the boundaries of the C district within which the use is conducted.
(d) The vehicular traffic resulting from or in connection with the use shall not be of such
volume or normal routing as to add materially to the traffic on streets that primarily serve
residential property.
(e) The use shall not be otherwise detrimental, objectionable or annoying to nearby
residential property.
Sec.607.-[Other special approvals.]
Every application for approval of building design, signs, lighting, walls and similar structures, or
other matters than those set forth in Sections 604 and 606 (already covered therein), as required by the
provisions of this ordinance, shall show or be accompanied by such information, including drawings and
sketches, as may be required by the rules of the planning board for full consideration of the subject. In
passing on any such matter the planning board shall be guided by the purposes set forth in Article I and
shall give particular attention to the harmony of the item under consideration to the visual composition of
the development of the part of the village that is involved, taking account both of the static aspect of such
composition and of its appearance in motion, both on foot and by vehicle.
Sec.608.-[Planning board action.]
In passing on any matter before it, the planning board may approve or deny any application or
may approve the same subject to such specified conditions as it may deem to be necessary or advisable
in furtherance of the purposes of this ordinance. In addition, the planning board may, on its own initiation
and after consultation with the owners of the land affected, propose a site plan for any part of any B or C
district and, after such reasonable notice to the owners of land in the vicinity as may be prescribed in its
rules, may consider and act on such proposed site plan.
Sec.609.-[Granting of special approval to schools.]
Anything herein and in the schedule and zoning map which any parts hereof to the contrary
notwithstanding, the village council may from time to time grant permits to schools to conduct their
operations in Miami Shores Village. Such permits shall be limited to a period of five consecutive years to
any one school and shall permit such school to lease or otherwise obtain the right to use a temporary
facility in which to conduct its classes during the period of the license. Such temporary facility shall not be
required to conform to other provisions respecting schools in this ordinance, but they shall conform to
such additional provisions as the council in its discretion may impose in said permit. Such restrictions may
contain, among others, provisions with respect to the use of on-street parking and the effect, if any,
created in the immediate neighborhood by the school activities. Said permits are subject to being revoked
by the council upon such terms and conditions as may be specially provided for therein.
(Ord. No. 346, § 1, 7-15-69)
88
Sec. 610.-[Granting of special approval per-mat to restaurants for consumption of beer and wine
on premises.]
Notwithstanding anything to the contrary contained in the Miami Shores Land Development and
Zoning Code, and in the schedule and zoning map which form a part thereof, the village council, may
from time to time, grant special approval hereunder for conditional use permits to restaurants, as defined
hereinafter, within any B-1 or B-2 zoning district to permit such restaurant to serve beer and wine for
consumption on premises in accordance with all state and county regulations pertaining thereto. The
village is authorized to charge a permit fee in an amount not to exceed $250.00 annually. Each permit
shall expire one year after the date of issuance thereof, however, permit holders, in advance of their
permit's expiration, may apply to the village council for renewal thereof. In approving the issuance or
renewal of any such permit, the village council, in its discretion, may impose any reasonable conditions or
additional provisions which it may deem necessary to serve the purposes of the Miami Shores Land
Development and Zoning Code as set forth in Section 100 thereof. Said permits and renewals thereof
shall be non-assignable, shall create no vested rights and are subject to being revoked by the council
upon such terms and conditions as may be specially provided for therein. For purposes of this section,
the term "restaurant' shall be defined as establishments open a minimum of five days per week, serving
cooked meals, including lunch and dinner prepared on the premises, to the general public, for profit,
which derive at least 50 percent of their revenue from the sale of food prepared on the premises.
(Ord. No. 628-01, § 1, 2-20-01)
Sec.620.-[Granting of special approval for the public performance of movies within legitimate
theaters.]
Notwithstanding anything to the contrary contained in the Miami Shores Village Code of
Ordinances, and in the schedule which forms a part thereof, the village council, may from time to time,
grant special approval hereunder, for the indoor public exhibition of movies, films, video or similar
electronic media within any legitimate theater within a B-1 zoning district. Every application for special
approval shall be presented on a form prescribed by the village manager. The village is authorized to
charge a permit fee for such special approval in an amount not to exceed $250.00 annually. Each permit
shall expire 1 year after the date of issuance thereof, however, permit holders, in advance of their permit's
expiration, may apply to the village council for renewal thereof. In approving the issuance or renewal of
any such permit, the village council, in its discretion, may impose any reasonable conditions or additional
provisions which it may deem necessary to serve the purposes of the Miami Shores Land Development
and Zoning Code as set forth in Section 602 thereof. Said permits and renewals thereof shall be non-
assignable, shall create no vested rights and are subject to being revoked by the council upon such terms
and conditions as may be specially provided for therein. Failure to comply with the conditions of granting
a special approval may result in denial of subsequent permit applications for the same premises,
individual, organization or company. For purposes of this section, the term "legitimate theater" shall be
defined as a building, or a part of a building, that is designed and primarily used for the presentation,
available to the general public, of legitimate stage productions by professional performing artists,
including but not limited to plays, musicals, dance and other forms of expression that may incorporate
dance, music and/or other elements. The facility shall have a performance space designed, arranged and
used for legitimate performances and rehearsals of drama, music or dance plus not less than 200 fixed
seats. Nothing in this ordinance shall be construed to abrogate, affect, or supersede any applicable
federal, state or county ordinances, regulations, or authority including the Florida Building Code and
public performance license requirements.
(Ord. No. 692-11, § 1, 11-2-11)
89
ARTICLE VII. - ERRORS AND VARIANCES
Sec.700.-[Generally.]
The planning board shall have the administrative powers and duties set forth in this article,
subject to all limitations specified therein.
Sec.701.-[Appeal on allegation of error.]
Any interested person may appeal to the planning board from any decision, order or
determination by the director of planning and zoning (whether such action was affirmative, negative or
conditional), alleging that such action was in error for specifically stated reasons. Appeals shall be filed
with the planning director no more than 20 days after the date of the written denial. After notice to the
parties in interest, the planning board shall decide whether or not the action appealed from was in error
and may confirm, reverse or modify the same accordingly, stating its reasons therefor, but may not vary
the application of any provision of this ordinance. The director of planning and zoning may withdraw the
appeal from the agenda if, prior to the start of the public hearing, the official whose determination is being
appealed reverses the decision being appealed.
Cross reference—Planning board, § 19-16 et seq.
Sec.702.-[Hardship variances.]
A variance is a relaxation of the terms of the ordinance where such action will not be contrary to
the public interest by such petition demonstrating compliance with the requirements, limitations and
criteria specified below, and where, owing to conditions peculiar to the property, other than conditions
relating to the financial circumstances of the applicant or the result of actions of the applicant, a literal
enforcement of this ordinance would leave the property owner with no reasonable use of the property.
The planning board may consider the fact a property is listed on the National Historic Register or has
been designated as a historic landmark by the Miami Shores Village Council, as a basis for granting a
variance.
An applicant who is of the opinion that it is impossible to apply strictly one or more of the
provisions of Appendix A Zoning to their property, may appeal to the planning board, fully setting forth:
(a) The alleged peculiar and unusual conditions affecting the property.
(b) The alleged reasons why such conditions make it impossible strictly to apply specified
provisions of this ordinance to the property.
(c) The variance in such strict application that the applicant believes to be necessary in order
to enable him to make a reasonable use of the property.
(d) The reasons why the applicant is of the opinion that such variance would be in harmony
with the intent and purpose of this ordinance,would not be detrimental to the existing use
or prospective development of property in the vicinity, and would not give to the applicant
an advantage with respect to the use of his property that is not enjoyed by the owners of
similarly situated property.
After notice to the parties in interest, as prescribed in its rules, the planning board shall act as
follows:
First Determine whether or not there are peculiar and unusual physical conditions applying to the
property of the applicant, other than conditions relating to his financial circumstances; and if so but not
otherwise;
Second. Determine whether or not such conditions are such that it is impossible strictly to apply
specified provisions of this ordinance to such property; and if so but not otherwise;
Third. Determine the minimum variance in such strict application that will enable the owner to
enjoy the reasonable use of the property without being detrimental to the existing use or prospective
90
development of property in the vicinity and without giving the owner an advantage that is not enjoyed by
the owners of similarly situated property; and
Fourth: Grant the aforesaid variance, subject to such conditions as the board deems to be
necessary in furtherance of the purposes of this ordinance.
In no case shall any such variance permit the establishment of any use that is not specifically
permitted in the district under the regulations applying thereto as set forth in this ordinance.
(Ord. No. 516, §2, 9-20-88)
Sec. 703.–[Procedure.]
All applications and appeals to the planning board shall be made on standard forms prescribed by
the village manager and shall be accompanied by such information as the planning board may prescribe
in its rules in order to enable a thorough consideration of all aspects of the case in conformity with the
requirements of this article. Said board may not consider any application or appeal that is not presented
as herein prescribed and any action otherwise taken shall be of no effect and any building permit or
certificate of occupancy issued pursuant to any such purported action shall be null and void.
(Ord. No. 488-85, §2, 10-1-85, Ord. No. 627-00, § 1, 11-7-00)
ARTICLE VIII. - APPEALS
Sec. 800.-[Appeals to council.]
Any person aggrieved by any decision of the planning board under the provisions of Article VI or
Article VII, whether negative, affirmative or conditional, may appeal therefrom to the village council.
Appeals from decisions of the planning board shall be filed with the director of planning and zoning no
later than 30 days after the date the development order is signed or 30 days after the date the minutes
are approved for the meeting at which the decision appealed from was heard, whichever date is later.
Such appeal shall be in such form as the village manager may specify for all such appeals, and shall
state fully the grounds of the appeal, including a statement of why the applicant believes that the decision
appealed from is unreasonable or is not in accord with the purposes of this ordinance. The village council
may not consider any such appeal unless it includes the aforesaid statement. The council, if it decides,for
stated reasons, that the decision of the planning board was unreasonable or was not in accord with the
purposes of this ordinance, may overrule or modify such decision.
ARTICLE IX. -ADMINISTRATION
Sec. 900. - [Issuance of permits, business tax receipts; certificates to be in compliance with
ordinance.]
No officer, board, agency or employee of the village shall issue, grant or approve any permit,
business tax receipt , certificate or other authorization for any construction, reconstruction, alteration or
moving of any building, or for any use of any land or building, that would not be in full compliance with the
provisions of this ordinance. Any such permit, business tax receipt, certificate or other authorization
issued, granted or approved in violation of any of the provisions of this ordinance shall be null and void
and of no effect, without the necessity of any action, notice or proceedings for revocation or nullification
thereof. Any work undertaken or use established pursuant to any such unlawful permit, business tax
receipt or certificate, or other authorization shall be unlawful, and shall be subject to abatement or
removal, as provided in the Miami Shores Code of Ordinances and the Florida Building Code in.addition
to any other means of zoning enforcement provided by law. No action shall be taken by any officer,
board, agency or employee of the village purporting to validate any such violation and any such action
that is taken shall be of no effect whatever.
Cross reference—False statements in applications for village permits, etc., unlawful, § 15-7.
Sec. 901.-[Certificates of occupancy.]
A certificate of occupancy shall be obtained from the building official before occupancy of any
building hereafter erected, structurally altered or moved.
91
(a) A certificate of occupancy shall be obtained from the building official for any of the
following:
(1) Occupancy and use of a building hereafter erected, structurally altered or
moved.
(b) No occupancy, use or change of use shall take place until a certificate of occupancy
therefor has been issued by the building official .
(c) A certificate of occupancy shall be deemed to authorize, and is required for, both initial
and continued occupancy and use of the building to which it applies and shall continue in
effect so long as such building and the use thereof is in full conformity with the provisions
of this ordinance and any requirements made pursuant thereto. On the serving of notice
of any violation of any of said provisions or requirements with respect to any building or
the use thereof or of land, as provided in the Miami Shores Code of Ordinances and the
Florida Building Code in addition to any other means of zoning enforcement provided by
law , the certificate of occupancy for such use shall thereupon, without further action, be
null and void and a new certificate of occupancy shall be required for any further use of
such building or land.
(Ord. No. 598, § 1, 2-18-97)
Sec. 902.-[Certificates of re-occupancy.]
(a) Upon receipt of an application for certificate of re-occupancy, the building official shall
inspect the subject dwelling within ten days and, if such dwelling is found (i) to be in
conformance with the provisions of Section 401 and the schedule of regulations as a one-
family dwelling use, or as a two-family dwelling if permitted by the zoning district in which
it is located, and (ii) to not be unfit for human habitation as defined in section 12-257 of
the Code of Ordinances, Miami Shores Village, Florida, a certificate of re-occupancy shall
be issued. If the dwelling is not in conformance with such provisions, the building official,
within ten days of the date of such inspection, shall indicate by itemized list corrective
action and the certificate of re-occupancy shall be withheld unless and until such
provisions are complied with, to the reasonable satisfaction of the building official. In the
event the director fails to issue an itemized list of corrective action within such ten day
period, the village shall be deemed to have waived the certificate of re-occupancy
requirement otherwise imposed by Section 901(h) and (i)of this Code.
(b) Information gained or conditions observed in the course of any inspection conducted
pursuant to this section shall not be utilized by the code compliance officers of the Village
as the basis for bringing code enforcement violation proceedings, other than as to one-
family dwelling use requirements or with regard to structures that are unfit for human
habitation. Nothing set forth in this subsection, however, shall preclude enforcement
actions brought upon the basis of information gained or violations observed by other
lawful means.
(c) No building located in a one-family residential district listed in Section 300(a) of this
ordinance shall be re-occupied following a transfer of possession of any such building,
prior to the issuance of a certificate of re-occupancy for such purpose by the building
official. The certificate of re-occupancy, if issued, shall contain the following statement:
'THIS CERTIFICATE VERIFIES THAT THE REFERENCED
PROPERTY HAS BEEN INSPECTED BY MIAMI SHORES VILLAGE
AND HAS BEEN DETERMINED TO PRESENTLY COMPLY WITH THE
SCHEDULE OF REGULATIONS OF THE MIAMI SHORES LAND AND
DEVELOPMENT CODE PERTAINING SOLELY TO THE
REQUIREMENT THAT EACH ONE-FAMILY DWELLING IS USED AND
INTENDED TO BE USED FOR A ONE-FAMILY DWELLING PURPOSE
ONLY; HOWEVER, THIS CERTIFICATE DOES NOT CONSTITUTE
ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION OF
92
THE DWELLING OR OTHER STRUCTURES ON THE PREMISES
DESCRIBED HEREIN, OR ANY ASPECT OF SUCH CONDITION, AND
INTERESTED PERSONS ARE ADVISED AND ENCOURAGED TO
MAKE THEIR OWN INSPECTION OF THE PREMISES IN ORDER TO
DETERMINE THE CONDITION THEREOF."
(d) It shall be unlawful for any owner or occupant of property located in a one-family
residential district listed in Section 300(a) of this ordinance to transfer possession of such
property, whether by assignment, lease, sale, or gift, without first disclosing by written
notice to the assignee, tenant, buyer or grantee the fact that a certificate of re-occupancy
is required by this ordinance prior to transfer of possession. Such notice shall be provided
in substantial conformity with the following:
Disclosure Statement
Property: .....
New Occupant: .....
Former Occupant: .....
Former Occupant does hereby disclose to New Occupant that pursuant to
Section 901(h) of the Miami Shores Land Development and Zoning Code, it is
unlawful to occupy or cause to be occupied any one-family dwelling within Miami
Shores Village, Florida, unless and until a Certificate of Re-Occupancy is issued
by the Village pursuant to Sections 901 and 902 of the Miami Shores Land
Development and Zoning Code.
New Occupant shall contact the Miami Shores Village Building Official Director of
Building and Zoning at (305) 795-2204, 10050 N.E. 2nd Ave., Miami Shores,
Florida, for application forms and information regarding a Certificate of Re-
Occupancy.
(Ord. No. 598, § 1, 2-18-97)
Sec.903-[Applications for building permits,certificates of occupancy and re-occupancy.]
Every application for a building permit, certificate of occupancy or certificate of re-occupancy shall
contain, or be accompanied by, such information as the building official, director of planning and zoning
and village clerk may deem to be necessary (as indicated by standard forms prescribed by the village
manager)for the effective enforcement of this ordinance, together with any required application fee.
(Ord. No. 598, §2, 2-18-97)
Sec.904 -[Village manager to enforce ordinance; records and reports.]
It shall be the duty of the village manager or his designee to enforce the provisions of this
ordinance. He shall keep a record of every identifiable complaint of a violation of any of the provisions of
this ordinance, and of the action taken consequent on each such complaint, which records shall be public
records.
Sec.905 -[Plans,survey required for construction or reconstruction.]
(a) No building having value of more than$750.00 shall be constructed or reconstructed, and
no addition having value of more than $750.00 shall be made to any existing building and
no enclosure of a garage, carport or open porch shall be made except in accordance with
plans prepared by a registered architect or registered engineer.
(b) No building having value of more than $750.00 shall be constructed or reconstructed and
no addition having value of more than $750.00 shall be made to the exterior perimeter of
any existing building without a current survey by a licensed land surveyor being
furnished, with a final survey being filed with finished floor elevations prior to issuance of
a certificate of occupancy.
93
(Ord. No. 387, § 1, 11-18-75,Ord. No. 528, §2, 10-17-89)
Sec.906 -[Issuance of development orders.]
(a) Development orders consistent with Miami Shores Comprehensive Plan. No
development order shall be issued unless it is found that the development is consistent
with the 1989 comprehensive plan and any amendments thereto.
(b) Determining consistency with the comprehensive plan. Prior to the issuance of any
development order by the Village of Miami Shores, the director of planning and zoning
shall check the proposed development for consistency with the future land use map and
related policies of the comprehensive plan. Any finding of inconsistency by the director of
planning and zoning shall be supported by competent findings of fact documented in
writing.
(Ord. No. 531, §20, 7-19-90)
Sec.907.-[Burden of showing compliance.]
The burden of showing compliance with the levels-of-service and other applicable requirements
of the comprehensive plan shall be upon the applicant. In order to be approvable, applications for
development approval shall provide sufficient and verifiable information showing compliance with such
these level-of-service standards.
(Ord. No. 531, §20, 7-19-90)
Sec.908. -[Development activity monitored; concurrency period.]
(a) Responsibility. The director of planning and the building official shall jointly be
responsible for monitoring development activity to ensure the development is consistent
with the Village of Miami Shores Comprehensive Plan.
Section.909.-[Authority to establish fees.]
The village administration, through the village manager or his designee, shall be authorized and
directed to determine, establish and promulgate a schedule of administrative fees to be charged and
collected as a pre-condition to the processing of variance requests, site plan review applications, re-
zoning requests, applications for comprehensive plan amendments and applications for special
exceptions/council approvals, all in amounts sufficient to off-set the village's actual costs and expenses
incurred in connection therewith, including but not limited to expenses attributable to staff time,
advertising and public notice expenses and other out-of-pocket costs. This promulgated fee schedule
may include an appropriate hourly charge for additional staff review time for applications where
circumstances warrant or require the devotion of additional or unusual time thereto. The village manager
or his designee, at least annually, shall advise the village council as to the amount of all such fees and
the basis for their calculation.
(Ord. No. 627-00, §2, 11-7-00)
94
ARTICLE X. - AMENDMENTS
Sec. 1000.-[Generally.]
This ordinance may be amended by amending the text thereof, including that of the schedule of
regulations adopted by Article IV, or by changing any district boundary shown on the zoning map adopted
by Article IV, or by changing any district boundary shown on the zoning map adopted by Article III, by
following the procedure specified in this article.
Sec. 1001.-[Initiation of amendment.]
An amendment may be initiated by any of the following ways:
(a) By a resolution of proposal to amend, adopted by the village council and thereupon
referred to the planning board;
(b) By a resolution to propose an amendment, adopted by the planning board;
(c) By a written request from the village manager proposing an amendment;
(d) District boundary changes to the zoning map may be initiated by a verified petition of the
owner(s) of the property that is the subject of the proposed rezoning , filed with the
planning board in such form as the board may require and accompanied by a fee of
$500.00 plus an additional fee that shall be administratively set and charged, based upon
the approximate cost to the village in processing the particular application and payable
prior to the final public hearing.
(e) Whenever the village council has taken action to deny an application to amend the
zoning map initiated by a petition of the owner(s) of the property, neither the village
council or planning board shall consider a new application for a rezoning of all or any part
of the same property for a period of 1 year from the date of such denial.
(Ord. No. 397, § 1, 12-21-76)
Sec. 1002.-[Notice of public hearing.]
The planning board shall set a time for a public hearing on any proposed amendment initiated as
provided in Section 1001 and shall give such notice thereof as may be prescribed in the rules of the
board. If the proposed amendment consists of a change in the boundaries of any district, such notice
shall consist of sending by U.S. mail notices of the proposed amendment and of the hearing to all owners
of land comprised within the proposed change and of all land within a distance of 500 feet from the
exterior boundaries thereof, as the addresses of such owners are shown on the latest tax assessment roll
for the village.
(Ord. No. 553, §§3, 4, 12-1-92)
Sec. 1003.-[Hearing and report of planning board.]
At the aforesaid hearing the planning board may require any applicant for an amendment to
submit evidence in the form of affidavits in support of the application, failing in which, if so required, the
application shall be denied. The planning board may also take evidence from sworn witnesses. As soon
as may be after the hearing the planning board shall make a written report thereof to the village council,
which report shall contain a statement of the petition, the evidence offered in support thereof, any
evidence in opposition thereto, and the findings and recommendations of the board.
Sec. 1004.-[Filing of report; hearing on amendment.]
The report shall promptly be filed with the village clerk, who shall without delay notify the
applicant in the case of an amendment initiated by petition. The village council shall hold a hearing on the
proposed amendment. At such hearing the council may require any further affidavits and may take any
further testimony that it may deem to be necessary for a full consideration of the proposed amendment.
Sec. 1005.-[Disposition of amendment.]
95
After the conclusion of the aforesaid hearing the village council may make such disposition of the
proposed amendment as the facts and circumstances warrant.
ARTICLE XI. -VIOLATIONS
Sec. 1100.-[Penalty for violation.]
Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this
ordinance shall be punished as prescribed in Miami Shores Village Code of Ordinances Chapter 2
Administration Article IV. Code Enforcement Board.
Cross reference—Enforcement by code enforcement procedure, §2-76 et seq.
Sec. 1101.-[Notice of violation.]
Upon his becoming aware of any violation of any of the provisions of this ordinance the code
enforcement officer shall serve notice of such violation on the person, firm or corporation committing or
permitting the same, and if such violation has not ceased within such reasonable time as the code
enforcement officer may specify he shall institute such action as the village manager may authorize.
Cross reference—Code enforcement procedures, §2-76 et seq.
ARTICLE XII. - MISCELLANEOUS
Sec. 1200.-[Interpretation and application of ordinance.]
In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals or general welfare of the village. It is not
intended by this ordinance to interfere with, abrogate, or annul any easements, covenants or other
agreements between parties; provided, however, that where the regulations of this ordinance on a stated
point are more restrictive than regulations on the same point as contained in any other law or ordinance
or in restrictions by deed or subdivision in any R district, the provisions of this ordinance shall govern; and
where the regulations of the other law or ordinance or restrictions in any R district are more restrictive
than those of this ordinance,the other shall govern.
Sec. 1201.-[Severability.]
If any section, paragraph, sentence, phrase, clause or other part or provision of this ordinance is
declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the
ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Sec. 1202.-[Repeal of conflicting ordinances.]
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
96