§ 33-136. Placing building near section line; construction on or in right-of-way.  


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  • No permit shall be issued for the placing of any structure closer than forty (40) feet to any section line or closer than thirty-five (35) feet to any half section line plus, in either event, the building setback required by this chapter, except where greater or less distances are required by Section 33-133 or 33-134. No building or structure shall be permitted on, or in, a right-of-way as described in Section 33-133, except that drip irrigation pump houses ("pump houses") may be permitted to be constructed in such rights-of-way providing prior written approval is obtained from the director of the Public Works Department pursuant to Section 28-18 of the Code of Miami-Dade County, Florida, and further providing that a building permit is secured for such pump house placement. Additionally, wire fences without barbed wire may be permitted to be constructed on or in rights-of-way, as described in Section 33-133, provided that written approval is obtained from the director of the Public Works Department pursuant to Section 28-18, and further provided that a building permit is secured for such fence placement. Masonry walls, wood fences, or wire fences may be permitted to be constructed on or in a right-of-way as described in Section 33-133 if approved as a non-use variance pursuant to the provisions of Sections 28-18(c)(1) and (2) and 33-311 of the Code.

(Ord. No. 57-19, § 31(C), 10-22-57; Ord. No. 92-94, § 1, 9-15-92; Ord. No. 94-29, § 2, 2-1-94; Ord. No. 94-50, § 2, 3-17-94)