§ 33D-38. Shoreline development action review criteria.

The shoreline development actions and plans within the shoreline development review boundary shall be conducted in accordance with the provisions of this article. In addition to the criteria set forth below, guidelines and minimum standards in the shoreline development review manual, approved by implementing resolutions adopted pursuant to this article, shall also be used by this committee to provide consistency in this review process. These criteria and the guidelines and minimum standards contained in the shoreline development review manual shall apply Countywide within the shoreline development review boundary.

(1)

Shoreline setbacks.

a.

The minimum shoreline setback shall be twenty-five (25) feet for building elevations not exceeding thirty-five (35) feet in height measured vertically from the mean high water line to top of the building parapet. The shoreline setback shall be measured from the water side of the cap of the bulkhead, seawall or the top of the riprap (where said riprap has been placed in accordance with the provisions of Chapter 24 of the Miami-Dade County Code) or from the mean high water line as defined in Chapter 177, Part 2, Florida Statutes, where no bulkhead, seawall or riprap exists.

b.

For building elevations exceeding thirty-five (35) feet in height measured vertically from the mean high water line to the top of the building parapet, the minimum shoreline setback shall be increased by fifty (50) percent of the additional height of the building to a maximum setback of seventy-five (75) feet. Said setbacks shall be measured from the water side of the cap of the bulkhead, seawall or the top of the riprap where said riprap has been placed in accordance with the provisions of Chapter 24 of the Miami-Dade County Code or from the mean high water line as defined in Chapter 177, Part 2, Florida Statutes, where no bulkhead, seawall or riprap exists.

c.

No buildings, accessory uses, belowground structures, ancillary structures or other uses shall be allowed in the setback area described hereinabove. However, if public shoreline walkways are provided, along with covenants and provisions to ensure public use and maintenance of these walkways in perpetuity, then the Committee may recommend that the shoreline setback be decreased. Design of all shoreline walkways shall be in conformance with the guidelines in the shoreline development review manual in implementing resolutions adopted pursuant to this article.

The Shoreline Development Review Committee shall review the status of all setback areas every two (2) years and shall petition the appropriate local government(s) to acquire, develop, maintain and assume liability for portions of the public shoreline walkway as it becomes feasible. Design of the shoreline walkway shall be in conformance with the guidelines in the shoreline development review manual in the implementing resolution adopted pursuant to this article.

(2)

Visual corridors.

a.

Where a lot or parcel is located between the shoreline and a public roadway, an unimpeded visual corridor to the Biscayne Bay of twenty (20) percent of the width of the lot (up to one hundred (100) feet maximum) shall be provided on one (1) side of the parcel. The minimum width of said visual corridor shall be twenty (20) feet. Parking, accessory or ancillary structures shall not be permitted in said viewing corridor. Landscaping shall be used to promote views of the water as seen by a person standing beside or on the public roadway and to enhance the view of the land as seen from the water.

b.

Where a parcel is located adjacent to a street that dead-ends at the shoreline, the applicant may be given credit for half of the right-of-way in calculating the visual corridor width if facilities such as docks, piers or observation decks open to the general public are provided with appropriate provisions for their maintenance.

(3)

Side setbacks and side street setbacks. No structures other than those that are below grade shall be permitted to be closer than twenty-five (25) feet to the side property line(s) or side street property line(s) and further provided that the shoreline setbacks and visual corridors required hereinabove are adhered to.

(4)

Exceptions. Whenever adherence to the criteria contained in subsections (1) through (3) hereinabove and/or the guidelines and minimum standards in the shoreline review manual are in conflict with existing County or municipal codes, and notwithstanding the provisions of these codes, the Shoreline Development Review Committee shall recommend one (1) or more of the following actions:

a.

That a waiver or variance of municipal or County code(s) be sought to provide the required shoreline and side setback and visual corridor except where it would be impossible or highly impractical to provide the required shoreline or side setback or visual corridor as a result of the size or configuration of the subject site.

b.

That additional public amenities such as a shoreline walkway, parks, docks, fishing piers, boardwalks, or viewing platforms be provided on site or at an adjacent public right-of-way and that appropriate provisions for maintenance of said facilities in perpetuity be made.

c.

That a connection be provided and maintained between existing public shoreline access facilities across or around the proposed development or along an existing right-of-way.

If none of the above actions is deemed appropriate by the Shoreline Review Committee, then the Committee shall recommend that improvement of shoreline access for the general public be provided at a specified nearby public site or right-of-way either through contributions of land and/or material or through contribution to the Biscayne Bay Public Access Trust Fund for the purpose of providing public access to the shoreline within the shoreline development review boundary. Said access site(s) should preferentially be within one-half mile of the proposed development site and within the same shoreline basin area.

(Ord. No. 85-14, § 8, 3-5-85; Ord. No. 00-77, § 1, 6-6-00; Ord. No. 16-113, § 2, 10-5-16)