§ 33-20. Accessory buildings; utility sheds; swimming pools; fallout shelters; boat storage; decorative elements.
(a)
Temporary. Temporary accessory buildings, tents, out-buildings, and other similar structures are prohibited for residential use whether on a temporary or permanent basis. Permanent accessory buildings, at the discretion of the Director, may be constructed and used as a temporary residence prior to erection of permanent or main residence under conditions herein specified and a portion of a main residence, at the discretion of the Director, may be used and occupied as a temporary residence under the same and following conditions:
(1)
Where application is made and permit is issued for a permanent residential structure on the site to be used for a temporary residence.
(2)
Sanitary facilities approved by the Director and Health Department are provided.
(3)
Waivers of objection are secured from all residents and property owners within a radius of seventy-five (75) feet of the proposed building site as described on the application for building permit, unless upon sufficient proof, it is clearly shown that upon diligent search, the applicant was unable to ascertain the name and whereabouts of the owner of property within the radius specified.
(4)
That the applicant execute a cash escrow agreement in a sum not less than one hundred dollars ($100.00) (at the discretion of the Director) guaranteeing reasonable progress in the construction of a permanent residential structure and its completion within the time specified in the permit and according to its terms.
(5)
Where reasonable progress is made and justifiable reasons shown, satisfactory to the Director, he may grant an additional maximum of ninety (90) days for compliance with the terms of the agreement and building permit.
(6)
The cash escrow agreement will be released and escrow refunded upon completion of the main residence and in the case where an accessory building has been used for the temporary residential purposes, where said accessory is converted to its proper use as permitted under applicable district.
The foregoing provisions shall not be construed to mean that residential uses, either on a temporary or permanent basis, will be permitted in IU-2 or IU-3 Districts.
(b)
Permanent. Accessory buildings, structures or uses shall not be closer than seventy-five (75) feet to the front property line except where it is desired to place them closer than seventy-five (75) feet to the front property line; each side line offset distance required for such lot shall be increased by the number of feet less than seventy-five (75) feet above referred to, provided such setback from the front property line is at least fifteen (15) feet greater than the setback for a principal building in the same block and said front line setback is not less than fifty (50) feet. No permit shall be issued for an accessory building for any use unless the principal building exists on front of lot, or unless a permit is obtained simultaneously for both buildings and construction progress concurrently. Accessory buildings shall not occupy a greater percent of the rear yard area than the following:
District Percent EU-M 20 RU-1 30 RU-2 30 EU-1 5 EU-2 2 BU & IU 30 Where less than twenty-five (25) percent of the lot is available for rear yard the above percentage available for accessory buildings shall be correspondingly reduced. On lots occupied by apartments, hotels, stores, clubs or other buildings at least one and one-half (1½) square feet of open yard area shall be provided for each lineal foot of septic tank drain tile.
(c)
Swimming pools. Swimming pools in all districts shall be constructed no closer than five (5) feet to any building foundation, unless both the design and construction are approved by the Director as safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pools be closer than eighteen (18) inches to any wall or any enclosure. Screen enclosures, enclosing swimming pools or other approved uses, where attached to the principal building, shall be permitted no closer to the front property line than the principal building; and if so attached, such enclosures shall not be considered as a part of such residence or building, but shall be considered as an accessory building for purposes of lot coverage only. Swimming pools, whether or not enclosed within screen enclosures, that are not attached to the principal building, and other permitted detached screen enclosures, shall be considered as accessory uses and shall be setback at least seventy-five (75) feet from the front property line. In addition to the above and foregoing, the following setbacks shall apply:
(1)
Minimum setback distances for swimming pools in any RU Districts shall be ten (10) feet from any interior side property line, twenty (20) feet from a side street property line, and seven and one-half (7½) feet from a rear property line, except that where the pool is accessory to other than one- or two-family residential use, the minimum setback distance from a side street property line shall be five (5) feet greater than required for the principal building.
(2)
Screen enclosures enclosing swimming pools or other approved uses in all RU Districts shall be setback a minimum distance of seven and one-half (7½) feet from any interior side property line, fifteen (15) feet from any side street property line and six (6) feet from the rear property line, except that the minimum setback distance from a side street property line for a screen enclosure accessory to other than one- or two-family residential use, shall be the same as required for the principal building.
(3)
Minimum setback distances for swimming pools in EU-M and EU-S Districts shall be twenty (20) feet from any interior side property line, thirty (30) feet from any side street property line and seven and one-half (7½) feet from a rear property line.
(4)
Screen enclosures enclosing swimming pools or other approved uses in EU-M and EU-S Districts shall be setback a minimum distance of fifteen (15) feet from any interior side property line, twenty-five (25) feet from any side street property line and six (6) feet from a rear property line.
(d)
Fallout or bomb shelters. A fallout or bomb shelter shall be permitted to be constructed within five (5) feet of the rear property line and without regard for 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, in all districts; provided, that it 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, 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.
(e)
Boat storage. Boats of less than thirty (30) feet in length, not more than one hundred and two (102) inches in width and thirteen (13) feet six (6) inches in height above grade, may be stored or temporarily parked in the RU, EU, AU and GU Zoning Districts on lots developed with a residential structure subject to the following conditions:
(1)
Sites with less than one-half (0.5) acre of lot area shall be permitted to store up to one (1) boat. The place of storage shall be to the rear of the front building line of the residential structure. Where the boat storage area is located between the residence and a side street property line, the boat shall be visually buffered by a minimum six-foot high privacy fence, masonry wall, or trees or shrubs maintained to a minimum height of six feet. The front building line referred to shall be that portion furthest from the street.
(2)
Sites containing a minimum of one-half (0.5) acre of lot area shall be permitted to store up to two (2) boats. Sites containing a minimum of five (5) acres of lot area shall be permitted to store up to three (3) boats. The place of storage shall be to the rear of the front building line of the residential structure, and such front building line shall be that portion furthest from the street. Where two or more boats are located on a site, the boat storage area shall meet the rear and side setback requirements for the principal structure and be visually buffered from the adjacent property and right-of-way by a minimum six-foot high privacy fence, masonry wall or trees or shrubs maintained to a minimum height of six feet, provided however, if a permit was approved for a five-foot high privacy fence or masonry wall prior to the effective date of this ordinance and thereafter constructed, such a fence or wall shall be acceptable in lieu of one that is six-feet high.
(3)
Up to two (2) personal watercrafts not exceeding five (5) feet in width by twelve (12) feet in length may be stored or parked in lieu of a boat authorized by this section. Such watercraft shall be visually buffered in accordance with Section 33-20(e)(2) or (3), as applicable.
(4)
Boats and place of storage or temporary parking shall be kept in a clean, neat and presentable condition.
(5)
No major repairs or overhaul work shall be made or performed on the premises.
(6)
The boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer.
(7)
The temporary parking of a boat in front of the front building line or in front of the side street building line for no more than 2 hours in any 24-hour period, while the boat is hitched to an operable motor vehicle with a valid permanent license tag, for the purposes of loading and unloading equipment and supplies shall be permitted, but under no circumstances shall a boat be parked in the public right-of-way, including the swale area of a right-of-way.
(8)
Commercial boat parking shall be prohibited. All boats stored on the property must be registered to the property owner or authorized residential tenant.
(f)
Recreational and camping equipment. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use may be parked in the open on sites containing a single-family or duplex residence, subject to the following conditions:
(1)
No more than one (1) such equipment shall be parked on such site.
(2)
Such parking shall be limited to such equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned, or owned or leased by a bona fide out-of-Miami-Dade County house guest of the occupant-owner or occupant-lessee of the site concerned, with the parking of such equipment by guest not to exceed fourteen (14) days.
(3)
The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line furthest from the street and set back to at least the rear building line wherever possible, but in no event in front of such front building line. Such equipment shall be setback from side property lines at least a distance equivalent to the required side setback for the principal building and shall be set back from the rear property line at least ten (10) feet.
(4)
Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times.
(5)
Such equipment shall, at all times, have attached a current vehicle registration license plate.
(6)
No major repairs or overhaul work on such equipment shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances).
(7)
When parked on the site, such equipment shall not be used for living or sleeping quarters, or for housekeeping or storage purposes and shall not have attached thereto any service connections lines, except as may periodically be required to maintain the equipment and appliances.
(8)
Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length shall not exceed thirty (30) feet and the maximum height shall not exceed ten (10) feet.
(9)
Such equipment shall be so secured so that it will not be a hazard or menace during high winds or hurricane.
(10)
A seller (dealer or individual) offering for sale such new or used equipment, must furnish and attach to such equipment a true copy of this subsection.
(g)
Recreational and camping equipment as temporary watchman's quarters in AU district. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary watchman's quarters for security purposes, may be parked in the open on sites in the AU district, subject to the following conditions:
(1)
No more than one (1) such equipment shall be parked on such site.
(2)
Such parking shall be limited to those sites containing a minimum of five (5) gross acres, located outside the Urban Development Boundary as shown on the Comprehensive Development Master Plan Land Use Plan Map.
(3)
Such equipment shall be parked for security purposes and shall be accessory to an actively farmed agricultural crop, with the parking of such equipment by the watchman not to exceed nine (9) months maximum at any occurrence.
(4)
The location for such parked equipment shall be a minimum of one hundred (100) feet from any property line.
(5)
Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times.
(6)
Such equipment shall, at all times, have attached a current vehicle registration license plate.
(7)
Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida.
(8)
A permit shall be obtained prior to each occurrence for the parking of such equipment.
(9)
All applicable requirements shall be complied with for the disposal of sewage.
(h)
Outdoor boat and RV storage area on private residential condominium association, homeowner's association or multi-family tenant community property. The term "boat" as used in this subsection shall include every description of watercraft or airboat used or capable of being used as a means of transportation on water. The term "RV" shall mean recreational and camping equipment in the form of travel and camping trailer, swamp buggy and other off-road vehicles and motor travel home.
Conditions and limitations. An outdoor storage area designated for residents' parking of boats and RV's shall be permitted, subject to compliance with the following:
(1)
The private storage area is an accessory use for a residential condominium, homeowner's association or multi-family tenant association and shall be located on the residential condominium, homeowner's association or multi-family tenant association property.
(2)
Each boat and RV stored in the designated area shall be registered to a resident of the subject condominium, homeowner's or tenant's association community. In no event shall non-residents' recreational vehicles or boats be parked in the storage area. Each boat shall be secured to a transporting trailer in compliance with all applicable regulations.
(3)
The area devoted to storage shall be setback a minimum of 25 feet from all property lines; said 25-foot setback area to be maintained as an open landscaped area and shall be free of walls and/or fences. In no event shall the storage area count toward required landscaped open space; providing, however, the 25-foot landscaped setback area may be computed toward required open landscaped space.
(4)
The storage area shall be enclosed by (1) a five-foot decorative masonry wall or (2) a five-foot high chain link fence with hedges a minimum of three feet in height when measured immediately after planting and maintained to form a visual screen around the site within one year after the time of planting, except that gated openings shall be permitted for ingress and egress.
(5)
The storage area shall not be included in maximum lot coverage.
(6)
The storage area shall either be paved or shall be hard-surfaced and shall comply with the requirements of the Department of Environmental Resources Management as well as the Florida Building Code.
(7)
Boats placed in the storage area shall be restricted to the following dimensions as measured pursuant to Section 33-20(e):
(a)
thirty (30) feet in overall length
(b)
eight feet six inches (8'6") in width
(c)
thirteen (13) feet six (6) inches in height.
(8)
RV's placed in the storage area shall not exceed thirty (30) feet in length, eight feet six inches (8'6") in width nor exceed ten (10) feet in height.
(9)
The boats, RV's and place of storage shall be kept in a clean, neat condition.
(10)
Where required under Florida Statute, all RV's, boats and trailers for transporting same shall have and display a current Florida registration or license plate.
(11)
No major repairs or overhaul work shall be made or performed on the premises; and no flushing of outdrive or outboard motors shall be permitted from sunset to sunrise.
(12)
Neither the boats nor the RV's shall be used for living or sleeping quarters while parked in the storage area.
(13)
Common open space on residential condominium property may be utilized for such a storage area, all subject to the conditions enumerated herein.
(14)
Maintenance of the storage area shall either be provided through (i) a multi-purpose special taxing district, (ii) through the associations execution of a declaration of restrictions, or (iii) other maintenance provisions acceptable to Miami-Dade County in recordable form approved by the County Attorney, accepting responsibility for the maintenance of the storage area and ensuring continued compliance with the conditions enumerated herein.
Administrative review required. Such storage area(s) shall be shown on plans submitted for site plan approval or plat approval, whichever is required by code to occur first, and the storage area shall be subject to review for compliance with the conditions enumerated in this subsection; or such proposed storage area(s) for previously developed (existing) communities containing required common open space shall be reviewed for substantial compliance, and an application for substantial compliance determination may be considered in substantial compliance with previously approved plans if the proposed storage area is shown in a location that had previously been indicated as common open space, provided the storage area complies with all the conditions contained in this subsection. Substitution of a storage area for previously approved recreational amenities, such as but not limited to tennis and racketball court(s) and similar recreational amenties may be permitted upon a showing that the majority of the property owners or tenants in the community approve same.
(i)
Portable mini-storage unit. For the purpose of this section, the term portable mini-storage unit shall mean a portable container designed for the storage of personal property that is placed on a homeowner's lot, parcel or tract and is designed to be delivered to and/or removed from the homeowner's site by a truck or other street-legal vehicle.
One temporary portable mini-storage unit may be placed on a fee simple lot, parcel or tract containing a single-family residence, subject to the following conditions and limitations:
(1)
The homeowner:
(a)
Has a valid building permit for the major remodeling of, or for a significant addition to, or for damage repair to the single-family residence on the lot, parcel, or tract whereon the portable mini-storage unit is requested to be placed; or
(b)
Is conducting work involving interior improvements that do not require a building permit; or
(c)
Is using the portable mini-storage unit to move personal items or furnishings to another location; and
(2)
The portable mini-storage unit, shall not exceed 8 feet in width, 16 feet in length, and 8 feet in height; and
(3)
The portable mini-storage unit shall be placed at ground level, shall be setback a minimum of ten (10) feet from the front property line and a minimum of five (5) feet from all other property lines, and shall comply with the safe sight distance triangle regulations; and
(4)
In no instance shall hazardous material be placed in the portable mini-storage unit; and
(5)
The property owner shall apply for and obtain a Certificate of Use (C.U.) pursuant to Section 33-8 for a portable mini-storage unit that will be kept on the lot/parcel; and
(6)
The C.U. shall be placed in a conspicuous place on the portable mini-storage unit so as to be easily readable by law enforcement and code enforcement officials; and
(7)
No homeowner may have a portable mini-storage unit for more than 90 days total in a calendar year. The Director may approve additional time if the Director determines that additional time is necessary because of construction delays.
(8)
No mechanical, plumbing or electrical installations or connections are made to the portable mini-storage unit. All portable mini-storage units must be kept in good, clean, and finished condition, with no visible signs of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks; and
(9)
The portable mini-storage unit shall be locked at all times when it is not being loaded or unloaded.
(10)
The portable mini-storage unit shall have clearly posted on the exterior of the unit, the name, current phone number and address of the company providing the portable mini-storage unit, a copy of the current C.U. permit issued for the mini-storage unit, and the date the portable mini-storage unit was placed at the site.
(11)
The conditional C.U. approval may be revoked by the Director at any time should the homeowner's utilization of such temporary portable mini-storage unit result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein. All portable mini-storage units shall be removed or secured to withstand winds in excess of 100 mph immediately upon the issuance of a hurricane watch by a federal agency. Any property owner placing a portable mini-storage unit on their property must attest that they have property insurance for damages caused by windstorms.
(12)
Enforcement. A courtesy warning shall be issued prior to commencing any enforcement action, and the responsible party shall have five calendar days within which to correct the violation. Thereafter, the County may commence appropriate enforcement action.
(j)
Cargo container storage units ("units"). For the purpose of this section, the term cargo container storage unit shall mean a shipping container that is designed for cargo storage and is placed on a given property. Cargo container storage units are subject to the following conditions and limitations:
(1)
Units may only be placed on property with a minimum size of 10 acres located in the following zoning districts: IU, BU-1A, BU-2, and BU-3.
(2)
Units may only be used for storage that is ancillary to an existing business.
(3)
No hazardous materials may be stored in the cargo container storage unit.
(4)
Units may not be placed in a manner that renders the site non-conforming with parking, landscaping, or lot coverage requirements.
(5)
Containers may not be stacked.
(6)
Containers shall be placed behind the building and not visible from the side street. No container shall alter or impede the traffic flow within the site or that of service alleys when applicable.
(7)
Containers shall be maintained free from rust and graffiti and painted the same color as the building.
(8)
The number of containers shall be limited to 1 for parcels of 10 acres. An additional container may be permitted for each additional acre of net lot area, not to exceed 5 containers.
(9)
The container setback shall be as follows:
Rear and interior: 5 feet Side street: 15 feet Spacing between a container and existing structure: Zero Spacing between containers: Zero (10)
Units shall setback 500 feet from EU or RU zoning district boundary lines or within 500 feet of a zoning district which is developed residential. Units legally established prior to October 1, 2014 are exempt from this requirement.
(11)
The property owner shall apply for and obtain a Zoning Improvement Permit (ZIP) pursuant to Section 33-8.1 for each cargo container storage unit.
(12)
A ZIP may be revoked by the Director at any time upon violation of any of the conditions or limitations stated herein.
(13)
Hours for access to the units shall only be from 8 a.m. to 8 p.m.
(k)
Decorative Elements. Decorative elements shall be permitted on lots developed with a residential structure in the AU, EU, GU, and RU Districts, provided that the decorative element is in front of the building line of the principal structure and complies with the following:
(1)
For lots in the RU Districts, decorative elements shall be setback at least ten (10) feet from the front and side property lines and shall not exceed six (6) feet in height and fifty (50) square feet in area.
(2)
For lots in the AU, EU, and GU Districts, decorative elements shall be setback at least ten (10) feet from the front and side property lines. The maximum height of decorative elements shall be six (6) feet at a setback of ten (10) feet, except that the maximum height may increase an additional 0.6 feet per additional foot of setback to a maximum height not to exceed twelve (12) feet.
(3)
A Zoning Improvement Permit shall be obtained prior to construction of a decorative element that is permanently affixed to the ground. Additional or alternative permits may be required when decorative elements include electrical or plumbing connections.
(l)
Utility sheds and pergolas. Utility sheds and pergolas shall be subject to the following conditions and limitations:
(1)
Notwithstanding any other provision of this section, there shall be no more than one utility shed per residential lot and such structure shall not exceed 20 percent of the square footage of the primary or principal building on the property, up to a maximum of 400 square feet.
(2)
Where applicable, all utility sheds shall be in compliance with the Florida Building Code or be approved by the State of Florida and shall be subject to easement restrictions pursuant to Sections 33-24 and 33-284.43(k).
(3)
Utility sheds and pergolas larger than 100 square feet shall comply with the accessory building setbacks contained in Section 33-50.
(4)
Utility sheds and pergolas not larger than 100 square feet, not exceeding 10 feet in height, and incidental to an existing single-family residential use shall be setback as follows:
Setback location Feet Front 55 Rear 5; or 2 * Interior side 5; or 2 * Spacing from house 10 Side street 10 * Rear and interior side setbacks may be reduced to two feet provided an affidavit is submitted indicating consent from the owner of the property that directly abuts the property boundary where the reduction is requested.
Notwithstanding the foregoing, utility sheds and pergolas in townhouse developments shall be regulated by Section 33-202.3(2)(q).
Notwithstanding any other provision of the Code to the contrary, where it is finally adjudicated that a previously permitted utility shed is being used beyond the scope permitted, the shed shall be brought into compliance with the requirements of this ordinance (Ordinance No. 18-123) within 30 days from the date of such final adjudication. For purposes of this subsection, "final adjudication" shall mean the exhaustion of opportunity to appeal either a civil citation notice or order granting permanent injunction, whichever occurs first, at the discretion of the Department. In addition, notwithstanding any provisions of the Code pertaining to non-conforming uses, where a previously permitted utility shed must be or is replaced or rebuilt, the shed shall be brought into compliance with the requirements of this ordinance (Ordinance No. 18-123).
(Ord. No. 57-19, § 5(O), 10-22-57; Ord. No. 58-34, § 1, 9-9-58; Ord. No. 59-48, § 4, 12-22-59; Ord. No. 61-36, § 1, 9-5-61; Ord. No. 62-5, § 1, 2-6-62; Ord. No. 63-16, § 2, 5-7-63; Ord. No. 68-39, § 1, 6-18-68; Ord. No. 75-3, § 1, 1-7-75; Ord. No. 79-19, § 1, 3-6-79; Ord. No. 96-2, § 1, 1-9-96; Ord. No. 97-19, § 2, 2-25-97; Ord. No. 03-135, § 1, 6-3-03; Ord. No. 03-183, § 1, 9-9-03; Ord. No. 04-58, § 1, 3-16-04; Ord. No. 05-191, § 2, 11-1-05; Ord. No. 12-93, § 1, 11-8-12; Ord. No. 12-96, § 2, 11-8-12; Ord. No. 13-33, § 1, 4-2-13; Ord. No. 13-80, § 1, 9-4-13; Ord. No. 14-82, § 1, 9-16-14; Ord. No. 16-129, § 1, 11-15-16; Ord. No. 16-74, § 2, 7-6-16; Ord. No. 18-123, § 2, 10-2-18)
Editor's note
Ord. No. 16-74, § 2, adopted July 6, 2016, amended the title of § 33-20 to read as herein set out. The former § 33-20 title pertained to accessory buildings; utility sheds and pergolas; swimming pools; fallout shelters; boat storage; portable mini-storage units; cargo container storage units.
Cross reference
Fences and safety barriers for swimming pools, § 33-12.