§ 28-18. Encroachment on or in streets.  


Latest version.
  • (a)

    No building or any other type of structure shall be permitted on or in, a mapped street, except required and approved underground installations, and further excepting that pump houses for drip irrigation may be permitted to encroach into public rights-of-way providing prior written approval is obtained from the Director of Public Works Department, and further providing that a building permit is secured for such pump house placement. The Public Works Director shall determine whether the request will be contrary to the public interest based upon the following criteria: (a) safe and sufficient passing distance for motorists and pedestrians, (b) location of existing pavement, if any, (c) safe sight distance for motorists, (d) the effect on adjacent land uses, (e) access to land in the area. Upon the Director's determination that the pump house encroachment will not be contrary to the public interest the property owner shall execute and deliver a written covenant running with the land in favor of Miami-Dade County committing that within sixty (60) days after notice from the Public Works Director that the pump house has become contrary to the public interest based on the above-mentioned criteria, the property owner shall remove the pump house at the owner's expense and terminate the encroachment. Said covenant shall be in a form approved by the County Attorney's Office, and shall be executed so as to be entitled to recording in the public records of Miami-Dade County. The property owner shall establish that there is no lien or encumbrance prior in right to such covenant except for non-delinquent ad valorem property taxes, failing which a removal bond satisfactory to the Public Works Director shall additionally be posted. Upon the owner's compliance with the provisions of this section, the Public Works Director shall issue written approval.

    (b)

    For the purpose of this section, "drip irrigation" shall mean low volume irrigation as defined in Section 32-8.2(c), Code of Metropolitan Miami-Dade County, Florida, which is intended and designed to deliver water and nutrients to the root area of a plant in quantities matching evapotranspiration requirements as closely as possible, and at a rate close to what the soil will absorb.

    (c)

    (1)
    Wire fences without barbed wire may be permitted to be constructed within the rights-of-way set forth in Section 33-133, Code of Metropolitan Miami-Dade County, Florida, providing written approval is obtained from the Director of the Public Works Department, and further providing that a building permit is secured for such fence placement. An applicant for the Public Works Director's approval of a wire fence shall submit the written consents of all the owners of all parcels abutting the subject property, and of all the owners of all parcels immediately across the street from the subject site. In the event the applicant is unable to submit such consents, an application for non-use variance may be filed pursuant to the provisions of Sections 28-18(c)(2) and 33-311 of the Code. Prior to consideration by the Public Works Director, notice shall be mailed to all property owners within one thousand (1,000) feet of the property on which the fence is to be located if the property is situated wholly within the Urban Development Boundary (as shown on the Comprehensive Development Master Plan), and to all property owners within one thousand five hundred (1,500) feet of such property, if any portion of such property is outside the Urban Development Boundary. The notice shall state that any interested party may respond in writing within thirty (30) days and that no permit will be granted until after the thirty-day period has expired. After considering the application and all statements of interested parties, the Public Works Director shall determine whether the requested fence will be contrary to the public interest based upon the following criteria: (a) location of existing pavement, if any; (b) safe sight distance for motorists; (c) effect on adjacent land uses; (d) access to land in the area; and (e) safe recovery zone for vehicles. Under no circumstances shall any fence or wall be placed within the public right-of-way less than ten (10) feet from the edge of any existing roadway pavement. Upon the Director's determination that the fence will not be contrary to the public interest, the property owner shall execute and deliver a written covenant running with the land in favor of Miami-Dade County committing that within sixty (60) days after notice from the Public Works Director that the fence has become inconsistent with the public interest based on the above-mentioned criteria the property owner shall remove the fence at the owner's expense. Said covenant shall be in a form approved by the county attorney's office, and shall be executed so as to be entitled to recording in the public records of Miami-Dade County. The property owner shall establish that there is no lien or encumbrance prior in right to such covenant except for non-delinquent ad valorem property taxes, failing which a removal bond satisfactory to the Public Works Director shall additionally be posted.

    (2)

    The director shall publish notice of his determination regarding fence placement or removal in a newspaper of general circulation and shall provide mail notice to the same property owners who were entitled to be mailed notice in advance of the director's determination, as provided in this subsection. Appeal of the director's determination or decision shall be filed within thirty (30) days of such publication or of the mailing of such notice, whichever date is later, and shall proceed as provided in subsection (d) of this section. The public interest criteria contained in this subsection shall apply to any appeal regarding the placement in or removal from the right-of-way of any wire fence. No masonry wall or wood fence shall be permitted to be constructed on or in a right-of-way unless approved as a non-use variance pursuant to the provisions of Section 33-311 of the Code. In addition to the criteria set forth in Section 33-311(e)(2), the public interest criteria contained in this subsection shall apply to any public hearing or appeal regarding the placement in or removal from the right-of-way of any masonry wall or wood fence.

    (d)

    Appeals of the director's decision regarding pump house or fence placement or removal may be taken to the Community Zoning Appeals Board pursuant to Section 33-311(c), Code of Miami-Dade County, Florida, and, thereafter, to the Board of County Commissioners pursuant to Sections 33-313 through 33-316 of the Code of Miami-Dade County, Florida.

(Ord. No. 77-6, § 1, 2-1-77; Ord. No. 92-94, § 2, 9-15-92; Ord. No. 94-24, § 1, 2-1-94; Ord. No. 94-50, § 1, 3-17-94; Ord. No. 98-125, § 18, 9-3-98)