§ 33-16.1. Privately owned artificial lake slope provisions.

(a)

This section shall govern the placement of accessory improvements and landscaping which are hereby deemed not to modify the established slope of privately owned artificial lakes. This section shall not apply to the placement of accessory improvements landward of the top of the slope of such artificial lakes, which structures are permitted as accessory uses under other Sections of this Code.

(b)

For purposes of this section, "privately owned artificial lake" shall mean only a privately owned artificial lake not connected to any jurisdictional wetlands or to any other surface water body.

(c)

For purposes of this section, "water's edge" shall be defined as the average low ground water elevation.

(d)

The placement of the following accessory improvements and landscaping shall be permitted waterward of the top of slope on a residential lot, parcel or tract, subject to the following conditions:

(1)

Docks shall either be floated or be placed on pilings at right angles to the shoreline, except as otherwise provided herein.

(2)

All docks on a single lot, parcel or tract collectively shall not exceed thirty (30) percent of the subject lot's width as measured at the top of the slope per Miami-Dade County Flood Criteria (D.C.F.C.) elevation; provided, however, a dock that is placed parallel to the lot and that does not extend more than six (6) feet beyond the water's edge may be built to the side setback lines.

(3)

No dock shall project further into the artificial lake more than one-half (½) the length of the lot's shoreline frontage as measured at the water's edge, or twenty (20) percent of the lake width at its widest point, whichever is smaller. In no event shall a dock exceed fifty (50) feet in length. For purposes of this section, the length shall be the perpendicular dimension measured from the water's edge to the farthest point of the dock extending into the lake.

(4)

In no event shall a dock be placed closer than one hundred (100) feet to the opposite shore's top of slope (D.C.F.C. elevation).

(5)

A dock or a deck not exceeding eighteen (18) inches above D.C.F.C. elevation may be placed with a zero (0) foot side setback. A dock or a deck exceeding eighteen (18) inches above D.C.F.C. elevation shall conform to accessory building side setback requirements.

(6)

Only one (1) dock shall be permitted for each principal building on the subject lot, parcel or tract.

(7)

Rocks and landscaping waterward of the top of slope but landward of the water's edge are allowed.

(8)

Rip-rap and interlocking block waterward of the top of slope and extending to a point one (1) foot below the water's edge are allowed.

(9)

Open sided structures shall be permitted waterward of the top of slope but landward of the water's edge, subject to compliance with accessory building setback and lot coverage requirements of the zoning district in which the structure is located; provided, however, the rear setback requirement shall be zero (0) feet. In no event shall an open sided structure that is placed waterward of the top of slope exceed fifteen (15) feet in height nor shall it exceed two hundred twenty-five (225) square feet in area. Only one (1) such open sided structure shall be permitted for each principal building on the subject lot, parcel or tract. Open sided structures other than railings on docks and decks shall not be permitted, unless approved as a nonuse variance at a public hearing.

(10)

Steps and decks on pilings or on similar spatially separated upright supports shall be permitted waterward of the top of slope and landward of the water's edge.

(11)

Boat ramps shall be permitted providing no filling of the slope area occurs.

(12)

Filling waterward of the top of slope shall be prohibited.

Structures other than those listed above are prohibited from placement within the area waterward of the top of slope.

(Ord. No. 96-93, § 1, 6-18-96)