§ 21-291. Setbacks.

The following Setbacks apply in the OF Ocean Front District:

(1)

Front. All Buildings and Structures, except for fully enclosed Parking Structures as allowed in section 21-288 of this article, of 17 Stories or less shall be set back a minimum of 150 feet from the right-of-way of Collins Avenue. Each Story above the 17th Story shall be set back an additional 25 feet from the Story below; i.e., 18 Stories, 175-foot Setback; 19 Stories, 200-foot Setback; etc. This would allow a "stepped" effect for those portions of a Building over 17 Stories. This provision shall not be interpreted to require a "stepped" Building above the 17th Story; rather, if the entire Building is set back to include the base Setback and supplemental Setback for each additional Story over 17, the Building shall be deemed in compliance with this paragraph.

(2)

Rear. No Building or Structure of any kind, except Cabanas not greater in Height than ten feet above the finished Grade, shall be erected or maintained on any Lot beyond the east Setback line as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition.

(3)

Bulkhead : No Building or Structure of any kind, except those necessary for the control of beach erosion, shall be built east of the existing Bulkhead.

(4)

Erosion Control Line : No Building or Structure of any kind shall be erected or constructed within 55 feet west of the Erosion Control Line.

(5)

Side.

a.

All Principal Buildings and Structures shall maintain a minimum side Setback from each side Lot Line equal to 25 percent of the Street frontage of the Lot.

b.

The maximum width of any Principal Building shall be 50 percent of the width of the Lot.

c.

Where two or more Principal Buildings are erected on the same or multiple Lots, their combined width shall not exceed 50 percent of the width of the Lot.

d.

Side Setbacks shall be equal, except that Lots over 250 feet in width may have unequal side Setbacks, provided, however, that not less than a 50 foot side Setback shall be provided for Lots equal to or more than 250 feet in width.

e.

Notwithstanding subsection (5)d. above, for any parcel of land more than 250 feet in width, if any combination of access easements and beach access improvements are provided on said parcel for the public, all as may be approved by the Village Council, the width of a side Setback shall be measured from the exterior Lot Line, as opposed to any public access easement or land parcel. The purpose of this section is to not penalize a Property Owner for providing public beach access by deducting the width of the public access land from the overall Lot Width. A side Setback for a Principal Building shall not be less than 50 feet in width.

(6)

Cabanas, Parking Structures and Porte-Cocheres. Only Cabanas and enclosed Parking Structures shall be permitted in the Setback areas, subject to the following:

a.

Cabanas and Parking Structures shall either abut the side Lot Lines or maintain a minimum twenty-five (25) foot side Setback from each side Lot Line.

b.

No Parking Structure shall exceed an elevation of 22.00 feet above the average Street Grade adjoining the Property, where such Structure abuts a side Lot Line.

c.

No Parking Structure shall exceed an elevation of 22.00 feet above the average Street Grade adjoining the Property, within the rear Setback as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition, as of May 1, 2002.

d.

Cabanas may be erected in the rear Setback area provided they do not exceed an elevation of 31.00 feet above the average Street Grade adjoining the Property.

e.

Cabanas erected in the side Setback portions of the rear Setback areas shall not exceed an elevation of 22.00 feet above the average Street Grade adjoining the Property.

f.

No Buildings or Structures of any kind shall be erected or constructed within the front Setback area, except as follows:

(i)

A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area. Notwithstanding the above, for Buildings that are located as of May 1, 2002 in the front Setback area, the Porte-Cochere may project no more than 20 feet from the face of the existing tower Structure area. Such Porte-Cochere must be reviewed by the Architectural Review Board.

(ii)

A fully enclosed Parking Structure may be erected within the front Setback area but shall not encroach within the Building Restriction Line areas adjacent to Collins Avenue as shown on the recorded plats of the Ocean Front Section of Bay Harbor and the Bal Harbour Ocean Front Addition.

(7)

Coastal Construction Control Line. Notwithstanding anything to the contrary in the Code, Building construction seaward of the coastal construction control line may be permitted provided that all State and local permits required for such Building construction are obtained by the applicant.

(Ord. No. 169, § 6-9(k), 6-29-89; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 335, § 2, 7-24-89; Ord. No. 469, § 1, 11-20-01; Ord. No. 473, § 2, 6-18-02)