§ 33-43. Use of more restrictive dimensions; compliance with special setback lines.

(a)

In the case of two (2) or more districts abutting in one (1) block, the yard dimensions which are the greater for the districts in that block shall prevail.

(b)

Where special setback lines, other than those provided in this article, are established by the Director for any purpose, such as for odd shaped lots, for waterfront sites (including canals, bays, etc.) or other reasons specified herein, all buildings erected, moved or added to thereafter shall conform to said special setback lines established by any amendment hereto, regardless of the standards provided in this article, or chapter.

(c)

No person, firm, corporation, or public agency shall excavate or construct or reconstruct any building or structure including, but not limited to, dwelling house, hotel, motel, apartment building, seawall, revetment, or other structure incidental to or related to such structure, including, but not limited to, such attendant structures or facilities as a patio, swimming pool or garage, within fifty-five (55) feet of the line of mean high water, but not closer than fifty-five (55) feet from the applicable erosion control line whenever same has been established under Chapter 161, Florida Statutes, at any riparian coastal location fronting the Atlantic Ocean shoreline of Miami-Dade County, exclusive however of bays, inlets, rivers, canals, bayous, creeks, passes, vegetation type non-sandy shores, and the like, said line of mean high water being hereby defined as the natural ground contour that is one and six-tenths (1.6) feet above mean sea level, as provided by the national 1929 datum. Whenever any building or buildings are to be erected closer than one hundred (100) feet to the line of mean high water, fifty (50) percent of the width of said building (measured roughly from north to south along said line) shall be set back a minimum distance of one hundred (100) feet from the line of mean high water; and a seawall or revetment shall be constructed so that there is an essentially unbroken and continuous barrier to storm wave action, formed by the combination of building walls and seawalls or revetments. Except for such seawalls or revetments no structure of any kind shall be erected within the area of additional setback established in this paragraph.

(1)

In order that there be no doubt that the required setback is not violated, all applications for permits for any excavations to be made, or for any building or structures to be erected, within one hundred fifty (150) feet of the line of mean high water or applicable erosion control line, whichever controls, shall be accompanied by a certified survey made by a surveyor or engineer registered in the State of Florida, showing property lines, the line of mean high water, erosion control line if established and applicable, and pertinent ground elevations and beach profiles normal to the shoreline based on the mean sea level provided by the national 1929 datum. Said permit application shall be made to the Department. The permit shall be issued, provided that the Director of the Public Works Department finds that the excavation, or building or structure to be erected, complies with the setback requirement.

(2)

A waiver to the setback requirements may be granted by the Director whenever the Director of the Public Works Department of Miami-Dade County certifies that the application for waiver clearly and unequivocally complies with the guidelines hereinafter provided.

(3)

The application from any riparian property owner shall include such facts and circumstances and engineering data concerning shoreline stability and storm tides related to shoreline topography as are adequate for making an engineering determination as to the justification for said waiver; and if in the immediate contiguous or adjacent area of the proposed structure a number of existing substantial structures have established a reasonably continuous and uniform construction line closer to the line of mean high water or to an applicable erosion control line than provided herein, said proposed structure may be permitted along such existing line or along a transition line to meet said existing structures if such alignment of the proposed structure will minimize beach erosion; provided, however, that all said waivers shall be further processed in accord with Section 161.052 and 161.053, Florida Statutes.

(4)

The provisions of this section shall not apply to structures intended for shore protection purposes which are regulated by Section 161.041, Florida Statutes, nor shall they apply to structures existing or under construction on January 19, 1973. Reconstruction and repairs of an existing building damaged more than fifty (50) percent of the current value of the existing building will not be permitted except in conformance with this ordinance and other applicable regulation.

(5)

The provisions of Subsection (c) hereof are applicable in the unincorporated areas of the County.

(Ord. No. 57-19, § 30(B)(2), (3), 10-22-57; Ord. No. 73-4, § 1, 1-9-73; Ord. No. 74-67, §§ 1, 2, 9-3-74; Ord. No. 95-215, § 1, 12-5-95)