§ 21-127. Setbacks.

(a)

Front and rear. No Building or any part thereof may be erected in the R-2 Single Family Residential District beyond the front Setback lines of 30 feet as shown on the recorded plat of the Residential Section of Bal Harbour, or nearer than 15 feet to the rear Lot Lines. For every additional foot in Height of the Building above 18 feet, there shall be one additional foot of rear Setback for that portion of the building over 18 feet in height. Notwithstanding the above, the rear setback requirements provided by this Section shall not prohibit up to one-fourth of the length of the outside walls of any building, regardless of Height, along the rear property lines from being situated not less than 15 feet from the rear property line. This provision shall serve to create an architectural opportunity for creative design approaches while promoting the beneficial purposes of building setbacks in the District.

(b)

Side. The minimum side Setback shall be ten feet for single-story construction up to 18 feet of structure Height. For every additional foot in Height above 18 feet, there shall be one additional foot of side Setback for that portion of the building over 18 feet in height. The additional side setback requirement for buildings over 18 feet, provided by this Section, shall not prohibit up to one-third of the length of the side walls of such building from being situated in compliance with the minimum ten-foot side setback, but not fully conforming to the additional setback requirement. This provision shall serve to create an architectural opportunity for creative design approaches while promoting the beneficial purposes of building setbacks in the district.

(c)

Pools and pool decks. Notwithstanding the above, the following shall govern pools and pool decks.

(1)

No swimming pool may be constructed within ten feet of the rear and side Setback or Yard lines.

(2)

On corner lots no swimming pool may be constructed nearer than 15 feet to the platted Lot Lines adjacent to any vehicular right-of-way, as shown on the recorded plat of the Residential Section of Bal Harbour.

(3)

Pool decks shall not be included for purposes of determining the Setbacks.

(4)

Pools and decks shall be obscured by a decorative wall, fence, hedge or other equivalent screening five feet in height.

(Ord. No. 169, § 6-2(g), 6-29-74; Ord. No. 297, § 6, 10-28-86; Ord. No. 298, § 2, 11-25-86; Ord. No. 438, § 6, 4-20-99; Ord. No. 451, § 1, 6-20-00; Ord. No. 615, § 2, 12-18-18)