§ 21-353. Setbacks generally; exceptions for swimming pools in certain districts; requirements for Pool Construction or modification in Bulkhead Setback Areas.

(a)

No Building or parts or projections of Buildings shall encroach on Setback or Yard areas, nor shall the density of population be increased in any manner, except in conformity with the regulations established under section 21-354.

(b)

On lots in the R-1, RM-4, RM-5 and PC Districts which front on either Indian Creek or Biscayne Bay, swimming pools shall be:

(1)

Set back a minimum of 20 feet from the outer face of the Seawall, or the distance between the outer face of the Seawall and the inner edge of the Seawall tieback, whichever is greater and comply with the procedures set forth in section (2) below and all other district regulations, including other Setback requirements as listed in this Code;

(2)

Constructed as follows:

a.

Approval of plans. Complete design plans, construction documents, and calculations encompassing all work necessary for construction or modification of pools including supports and modification of the Bulkhead and Bulkhead supports (collectively "Pool Construction") within 40 feet of Bulkheads ("Bulkhead Setback Areas") shall be prepared, signed and sealed by a certified professional engineer and submitted to the Village for approval prior to Pool Construction in Bulkhead Setback Areas ("Approved Plans"). Pools within Bulkhead Setback Areas shall be supported by pilings independent of bulkhead pilings, and shall not rely on the soil for lateral support of pool walls. A new bulkhead lateral support system shall be utilized which is independent of the pool and existing bulkhead support system. New bulkhead support systems may utilize batter piles outboard of the Bulkhead. Grade within five feet of the Bulkhead shall be essentially level, and commencing with the top of the Bulkhead, grade within this five-foot zone shall slope upward a maximum of one inch per foot. If Pool Construction impinges on lateral support of Bulkheads, Pool Construction shall be modified to obviate any impingement.

b.

Special Inspector. The Building Official may require that Pool Construction in Bulkhead Setback Areas be performed under the direct supervision of a special inspector who shall be a registered architect or professional engineer employed by the owner ("Special Inspector"). The Special Inspector shall submit progress and inspection reports to the Building Official. The Special Inspector shall observe all Pool Construction and shall attest, by Affidavit before completion of Pool Construction and while structural components of Pool Construction are still visible, to the following:

1.

All observations regarding Pool Construction and impact on nearby Bulkheads;

2.

Any adverse impact of Pool Construction which may affect the structural integrity and stability of Bulkheads;

3.

Potential safety hazards during hurricane conditions; and

4.

The fact that the structural integrity of the Bulkhead has not been adversely affected by Pool Construction, and that Pool Construction meets the requirements of these conditions, all other applicable Codes and Ordinances, and is in substantial compliance the Approved Plans.

c.

Release and Indemnification. The owner shall sign a "Release and Indemnification Agreement" in a form acceptable to the Village concerning damage which may occur as a result of Pool Construction or remediation in Bulkhead Areas.

d.

Remediation. Village may require that all work not performed in accordance with these conditions or Approved Plans be corrected at the property owner's expense.

(Ord. No. 169, § 5-3, 6-29-74; Ord. No. 316, § 1, 6-21-88; Ord. No. 334, § 1, 7-18-89)