§ 33-220. Setback requirements.

The setbacks shall be as follows:

(1)

Front setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height; provided, however, that the required front setback shall not exceed fifty (50) feet.

(2)

Rear setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height.

(3)

Interior side setbacks and side street setbacks. Minimum setbacks for all structures shall be determined by a sixty-three-degree line projected from the interior side property line(s) or side street property line(s) upward towards the center of the site; provided, however, that no structure shall be permitted to be closer than twenty-five (25) feet to the interior side property line(s) or side street property line(s) (see the following sketch) and further provided that the passageway areas to Biscayne Bay or the Atlantic Ocean are adhered to as provided in this article.

Cross Section of Interior Side Setback Requirements

(4)

Minimum setback between buildings shall be twenty (20) feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site. In that case there shall be provided a minimum clear distance of not less than thirty (30) feet, said distance to be measured on a line projected at right angles from the opening to the opposite wall. Cantilevers and open porches may project from the building wall into the required open space (court only) not more than six (6) feet and stairways may project from the building wall into the required open space (court only) not more than ten (10) feet. Stairways, when located in the required open space (court), shall be supported by the necessary columns only; support by a wall is strictly prohibited.

(5)

Bungalow villas shall be setback as follows:

(a)

Twenty-five (25) feet from the front property line.

(b)

Twenty (20) feet from a side property line abutting a highway right-of-way, except where the rear of the lot abuts a key lot; in which event, the setback for the key lot shall govern.

(c)

Ten (10) feet from an interior side lot line.

(d)

Ten (10) feet from the rear property line.

(e)

The minimum clear distance between units of a bungalow villa shall be twenty (20) feet. Ingress and egress to all units shall be provided by a common and continuous clear space with a thirty (30) foot minimum width.

(Ord. No. 72-92, § 1, 12-5-72; Ord. No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4-19-83)