An ordinance on second reading amending the Town's Code of Ordinances by creating Article III of Chapter 2, to be designated as Sections 2-30 through 2-34 and to establish general waiver provisions for the land development code. Sponsored by Council Member Joshua Fuller and Vice Mayor Stephanie Bruder

ORDINANCE NO. --- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BY HARBOR ISLANDS, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES BY CREATING ARTICLE III OF CHAPTER 2, TO BE DESIGNATED AS SECTIONS 2-30 THROUGH 2-36, TO ESTABLISH GENERAL WAIVER PROVISIONS FOR THE LAND DEVELOPMENT CODE; AUTHORIZING THE TOWN MANAGER TO GRANT A MINOR NUMERICAL WAIVER OF NO MORE THAN FIVE (5) PERCENTAGE POINTS OF THE REQUIREMENT SET FORTH IN SECTION 23-11 OF THE LAND DEVELOPMENT CODE FOR SINGLE-FAMILY, MULTI-FAMILY, AND COMMERCIAL PROPERTIES; PROVIDING FOR ADDITIONAL CONDITIONS FOR MULTI-FAMILY AND COMMERCIAL APPLICATIONS INCLUDING BUILDING OFFICIAL SIGN-OFF AND THIRD-PARTY CERTIFICATION; PROVIDING THAT DISAPPROVAL REQUIRES A VARIANCE PURSUANT TO SECTION 2-16; ESTABLISHING A NON-REFUNDABLE APPLICATION FEE; PROVIDING FOR EXCLUSIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of By Harbor Islands desires to provide limited flexibility in the application of certain numerical requirements of the Land Development Code for single-family, multi-family, and commercial properties; and WHEREAS, Section 23-11 of the Land Development Code establishes certain numerical standards; and WHEREAS, granting the Town Manager authority to approve minor reductions of no more than five (5) percentage points of such requirements will reduce administrative burden and avoid unnecessary variance applications; and WHEREAS, such authority is consistent with the Town's goals of efficient government while protecting public health, safety, and welfare; and WHEREAS, the Town Council finds that a five (5) percentage points waiver threshold is reasonable and will not negatively impact adjacent properties or the character of the Town; and WHEREAS, this ordinance provides for a variance process under Section 2-16 in the event the Town Manager disapproves of a waiver request.

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BY HARBOR ISLANDS, FLORIDA: Section 1: That the foregoing recitals are adopted and hereby incorporated as if fully set forth herein. Section 2: That the Town of By Harbor Islands Code of Ordinances is hereby amended by creating Article III of Chapter 2, to be designated as Sections 2-30 through 2-35, to provide regulations with respect thereto, as more fully set forth in the attached Exhibit "A", and by reference are made a part hereof. Section 3: That any section, paragraph, sentence or word of this Ordinance or the application thereof to any person or circumstance is held invalid, that the invalidity shall not affect the other sections, paragraphs, sentences, words or application of this Ordinance. Section 4: That it is the intention of the Town Council of the Town of Bay Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance shall become and be made a part of the Town of Bay Harbor Islands' Code of Ordinances, that sections of this Ordinance may be re-numbered or re- lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6: That this Ordinance shall be in full force and take effect immediately upon its passage and adoption. PASSED on First Reading this 22nd day of April 2026. PASSED on Second Reading TBA ISAAC SALVER MAYOR ATTEST: EVELYN HERBELLO,TOWN CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MCCARTER & ENGLISH, LLP TOWN ATTORNEYS BY: Tania Cruz, ESQ. “EXHIBIT A” Sec.2-25- Sec.2-29: Reserves ARTICLE III.-– GENERAL WAIVER PROVISIONS FOR THE LAND DEVELOPMENT CODE Sec.2-30– Waiver of Land Development Requirements This section applies only to numerical requirements contained in the Town of By Harbor Islands Land Development Code. This section does not apply to, and does not waive any requirement of, the Florida Building Code or any other state or federal construction or safety code. Sec. 2-31- Minor Numerical Waiver – Town Manager Authority a. Applicability. For residential and nonresidential , the Town Manager is hereby authorized to grant a waiver reducing any numerical requirement set forth in Section 23-11 of the Land Development Code by no more than five (5) percentage points of the originally required number. b. Conditions for Approval – Single-Family. The Town Manager may grant such waiver only upon: i. Submission of a written statement by the applicant specifying the precise extent and duration of the requested waiver and the reason for the request; ii. A finding that the reduction will not undermine public health, safety, or welfare, nor negatively impact adjacent single-family properties. c. Conditions for Approval – Multi-Family and Commercial. For multi-family and commercial properties, in addition to the requirements set forth in subsection (c) above, the Town Manager may grant such waiver only upon: i. Building Official Sign-Off. Written approval from the Town's Building Official certifying that the requested waiver will not violate any provision of the Florida Building Code or create any unsafe condition; ii. Third-Party Certification Letter. A letter from a qualified, independent third-party professional engineer or architect, licensed in the State of Florida, certifying that the requested waiver will not create any structural, life safety, fire, or accessibility issue. The certification shall specifically address the affected systems and provide a professional opinion that the waiver will not adversely impact the property or adjacent properties. The third-party professional shall be selected by the applicant at the applicant's sole cost and expense; and iii. Finding of No Adverse Impact. A finding that the reduction will not create any drainage, traffic, parking, environmental, or public safety issue. d. Limitation. The Town Manager may not approve cumulative reductions exceeding five (5) percentage points of the original requirement for the same single-family parcel, regardless of multiple waiver requests. Sec.2-32- Disapproval – Variance Required If the Town Manager disapproves of a waiver request under this ordinance, the applicant may seek relief only through the variance process before the Town Council in accordance with Section 2-16 of this Code. Sec.2-33- Scope of Waiver Granted Any waiver granted shall apply only to the specific single-family lot and circumstances for which it was requested and shall not transfer to any other parcel. Sec.2-34 Application Fee (Single-Family Homes Only) e. A non-refundable application fee of five hundred dollars ($500.00) shall be submitted to the Town at the time of filing a request for a waiver under this section. The fee shall be used to cover administrative costs, staff review, and preparation of the written recommendation by the Planning Division. No application shall be deemed complete or processed until the required fee has been paid in full. Sec.2-35 Exclusions. This article does not apply to vacant lots not associated with an approved development application or any requirement of the Florida Building Code.