HomeMy Public PortalAbout2010-06 Updating and Revising Chapter 30 Zoning and Land Development RegulationsORDINANCE NO. 2010-6
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, COMPREHENSIVELY UPDATING AND
REVISING CHAPTER 30, "ZONING AND LAND
DEVELOPMENT REGULATIONS" BASED UPON THE
ZONING ORDINANCE REVIEW COMMITTEE'S (ZORC)
RECOMMENDATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council finds that there is a need to review and update the Village
Zoning Code (the "Zoning Code") to ensure viability, compatibility and consistency; and
WHEREAS, the Village Council unanimously approved the creation and appointment of an
eleven resident "Zoning Ordinance Review Committee" (the "Committee") on February 13, 2007;
and
WHEREAS, the Committee was created to review the current Zoning Code and present its
recommendations to the Village Council; and
WHEREAS, the Committee has proposed recommendations to the Zoning Code as presented
in this Ordinance; and
WHEREAS, the Village Council has reviewed this Ordinance in its capacity as the Local
Planning Agency, and has found this Ordinance to be consistent with the Village's Comprehensive
Plan; and
WHEREAS, the Village Council finds that such regulations will serve to promote the health,
safety, and welfare of the citizens of the Village of Key Biscayne, as well as the aesthetics of the
Village.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted
and confirmed.
Section 2. Village Code Amended. That the Village Code of the Village of Key
Biscayne, Florida, is hereby amended by amending Chapter 30 " Zoning and Land Development
Regulations," as provided in Attachment "A," attached hereto, and incorporated herein.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in Code. That it is the intention of the Village Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading, except that any changes in this Ordinance that are subject to the
provisions of Section 4.15 of the Village Charter, shall not be effective until approved by a majority
vote of the electors. Notwithstanding the foregoing, a development that complies with the following
two conditions shall be subject to Chapter 30 of the Code of Ordinances as it existed prior to the
adoption of this Ordinance for purposes of site plan review and approval: (1) On or before April 1,
2011, the development obtains site plan approval as a part of the building permit process or pursuant
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to Section 30-80 of the Code of Ordinances as it existed prior to the adoption of this Ordinance; and
(2) On or before October 3, 2011, the development obtains a building permit for such a site plan.
PASSED AND ADOPTED on first reading this 22nd this day of June , 2010.
PASSED AND ADOPTED on second reading this 12th this day of Octo ber , 2010.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, MMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFI
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VILLAGE AT
ATTACHMENT "A"
ARTICLE I. TITLE, INTENT, PURPOSE, METHOD AND FEES
Sec. 30-1. Title.
This Chapter 30 is entitled the
"Zoning and Land Development Regulations of the Village of Key Biscayne, Florida."
The regulations in this Chapter may be referred to as the "Regulations," the "Zoning
Code," the "Code," or this "Chapter."
cited as the "Regulatory Controls."
Sec. 30-2. Intent and purpose.
The pu,•pose eft These Regulations are adopted and will be enforced is to promote the
health, safety, order, convenience, comfort, and general welfare of the public,, by
regu acing the Density o f De clop ;trio Use o f ; and to promote and preserve the
character and ecological quality of the Village as articulated in the Comprehensive Plan,
and a healthy and sustainable interrelationship between the built and natural
environments by regulating in accordance with this Chapter, among other things, the Use
and development of Land, Density, the size and configuration of ,
trade, industry and other purposes; the Density of population; and Structures,
landscaping, the size of Yards and other open spaces, the relationship of development and
the natural environment and of proximate development within and among zoning
districts.
Sec. 30-3. Method; Zoning District.
(a) Listing of zoning districts. The Village she is divided into zoning districts of
such number, shape and area as deemed d to carry out fulfill the
purposes of these Regulations. Such districts shall be represented on the Official Zoning
Map a opte„ a .
�r ^m t ee-tom ame , by the Villa e Counc,' . The table below
explains the symbols used for each district :
TABLE INSET:
Single Family Districts
IR Island Residential
VE Village Estate
VR Village Residential
Specialized Use Districts
PC Private Club
GU Government Use
PROS Public Recreation and Open Space
PUD-1 Ocean Club
PUD-2 Grand Bay
PUD-3 Key Colony
Single Family and Two -Family District(s)
PS Parkside Residential
Office District
0-1 Low Intensity Office
Multiple Family Districts
RM-10 Low Density Multiple Family
RM-16 Medium Density Multiple Family
RM-30 High Density Multiple Family
Commercial Districts
C-1 Low Intensity Commercial
Hotel Districts
HR Hotel Resort
Other Districts
I Institutional
Note: District Regulations may be found in Article V.
(b) Zoning district designation of government owned property. All government owned
or ground leased properties shall be deemed zoned GU; LGovernmental Used ,regardless
of whether such properties are designated as GU on the
Official Zoning Map.
(c) Repository of the Official Zoning Map. The Official Zoning Map shall be on file and
available to the public in the Building, Zoning, and Planning Department.
(d) Interpretation of district boundaries.
(1) A district name or symbol shown on the Official Zoning Map indicates that the
Regulations pertaining to the district designated by that name or letter -number
combination extend throughout the whole area in the municipality bounded by the district
boundary lines within which such name or symbol is shown or indicated, except as
otherwise provided by this section.
(2) In cases where a boundary line is given a position within a Street or alley, Easement,
canal, navigable or non -navigable Waterway, it shall be deemed to be in the center of the
Right -of -Way of the Street, alley, Easement, or Waterway.
(3) If a site is crossed by a zoning district boundary and thus lies in more than one
district, the district boundary shall be treated as if it were a Lot line separating the two
separately zoned parcels.
(4) The boundary line for properties having a Lot line adjacent to the bay or a canal is
the bulkhead. If a bulkhead does not exist, the boundary line shall be the property line
which shall be as shown on a survey that is signed and sealed by a registered surveyor in
the State of Florida.
(5) The boundary line adjacent to the Atlantic Ocean is the erosion control line as
determined in accordance with Florida Statutes.
Sec. 30-4. Zoning and planning application fees.
The Village Council is hereby authorized to impose fees for the filing and
processing of zoning and planning applications, including applications for Variances,
rezonings, comprehensive plan amendments, appeals of administrative interpretations and
other zoning or planning related services provided by the Village Building, Zoning and
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Planning Department. Such fees shall be set and may be amended from time to time by
resolution of the Village Council
ARTICLE II. DEFINITIONS
Sec. 30-10. General rules of construction.
(a) For the purpose of these Regulations, certain terms
used herein are herewith defined. The following general rules of construction shall apply
to the Regulations of this Code:
(b) The singular number includes the plural and the plural the singular, unless the
context clearly indicates the contrary.
(c) Words used in the present tense include the past and future tenses, and words used in
the future tense include the present tense.
(d) The word "shall" is mandatory, the word "may" is permissive.
(e) The word "Building" or "Structure" includes any part thereof, and the word
"Building" includes the word "Structure."
(0 The word "Lot" includes the word "Plot" or "parcel" or "tract" or "site."
(g) The words "used" or "Occupied" include the words "intended," "designed" or
"arranged" to be used or Occupied.
(h) The words "Required Yards" or "minimum Required Yards" and "minimum Yards"
includes the word "Setback."
(i) When this Code refers to other ordinances, codes or statutes the reference shall imply
the most up-to-date ordinance, code or statutes, as amended.
(j) Words and terms not defined herein shall be interpreted in accord with their normal
dictionary meaning and customary usage.
(k) The word "land" shall include water surface and land under water.
(1) Any Use which is lawfully existing as a Main Permitted Use, Conditional Use or
Accessory Use at the time of the adoption of an ordinance that would render it a
Prohibited Use, shall become a lawfully Nonconforming Use, subject to the limitations
on such Uses contained in sections 3-29 and 3-30 of this Code.
(m) If a Use is specifically enumerated listed then it takes preference over general
applications or interpretations of these Regulations. If a Use is enumerated listed as a
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permitted Use in a district then to be considered as a permitted Use in another district, it
must also be specifically listed.
(n) When this ordinance refers to a "Director," the referral shall automatically include
the Director's "designee" unless specifically otherwise stated.
(o) Words of any gender shall be deemed and construed to include correlative words of
the other gender.
(p) The symbol > means "more than" and the symbol < means "less than". When these
symbols are underlined, it means "or equal to."
(q) When a word is not defined in subsection 30-12 below, definitions in dictionaries
shall apply.
Sec. 30-11. Defmitions.
[As used in this chapter, the following words and terms shall have the meanings
respectively ascribed:]
Abutting or Adjacent Property. Property that is immediately contiguous to property that
is subject to review under these Regulations or property that is located immediately
across any road or public Right -of -Way from the property subject to review under these
Regulations.
Access. The principal means of ingress and egress to a Lot from a publicly dedicated
Right -of -Way.
Access Waterways. A Waterway that is developed or constructed in conjunction with the
development of real estate for the purpose of providing Access by water to Lots.
Accessory Building or Structure. A subordinate Building or Structure on the same Plot
with, or a part of, the main Building, which is Occupied by, or devoted to, an Accessory
Use.
Accessory Use, Building or Structure. A Use or Structure subordinate to the Principal
Use of a Building or parcel of land, on the same or contiguous to that parcel of land and
serving a purpose customarily incidental to the Use of the principal Building or parcel of
land.
Adult Entertainment Establishment. An adult theater, an adult video/bookstore, an adult
performance establishment, a commercial physical contact parlor, or an escort service
operated for commercial or pecuniary gain, regardless of whether such Establishment is
licensed under this code. "Operated for commercial or pecuniary gain" shall not depend
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upon actual profit or loss. An Establishment which has a Local Business Tax Receipt or
an Establishment which advertises itself as a type of Adult Entertainment Establishment
shall be presumed to be "operated for commercial or pecuniary gain".
Alterations. Any change in size, shape or character of construction of a Building[,]
Structure, or Sign.
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Antique. An object having special value or significance because of its age, and belonging
to, made in, or typical of an earlier period of history.
Apartment Building. A Building with or without resident supervision Occupied or
intended to be Occupied by more than two families living separately with separate
cooking and sleeping facilities in each Unit.
Apartment Unit. A room or group of rooms, Occupied or intended to be Occupied as
separate living quarters by one Family and containing independent cooking and sleeping
facilities.
Assigned Resident. Any Person residing within a residential care facility other than foster
parents and their natural or adopted children and designated supervisory personnel.
Attic Story. A space under a sloping roof in which the line of intersection of the Roof
Structure and the Wall face does not exceed four feet as measured from the finished floor.
Not more than two-thirds of the Floor Area of said Story may be finished for use.
Automatic or Coin -Operated Service Trade Machine. Any machine or device other than
an amusement device, Vending Machine, or juke box, such as a laundry washing machine
or drying machine.
Automobile Repair, Major. General automobile repair, rebuilding or reconditioning of
engines, motor vehicles or Trailers; collision service including body, frame or fender
straightening or repair; overall painting or paint shop; vehicle steam cleaning.
Automobile Repair, Minor. Simple automotive repair which can be accomplished
entirely within an enclosed Structure, including but not limited to minor motor tune-up
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and repair, upholstering, tire repair and replacement and muffler installation, but not
including any operations listed under Automobile Repair, Major, or any other operation
similar thereto.
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Availability or Available. With regard to the provision of facilities and services
concurrent with the impacts of Development, means that at a minimum the facilities and
services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2),
Florida Administrative Code. (Definition used for Concurrency Determinations).
Average Lot Width. The average of the width of the Lot at the front and rear property
lines.
Awning. Hood or cover which projects from the Wall of a Building to afford protection
from sun or rain for pedestrians or vehicles.
Balcony or Terrace. A platform that projects from the Wall of a Building and has a
Parapet or railing. The platform may service one Unit or it may be a continuous platform
serving more than one Unit with a Wall separating the platform between the Units. It may
or may not have a roof.
Bar. Any place devoted primarily to the retailing and drinking of malt, vinous or other
alcoholic beverages, or any place where any Sign is exhibited or displayed indicating that
alcoholic beverages are obtainable for consumption on the Premises.
Base Flood Elevation (BFE). The Base Flood Elevation of a property as established by
the Village's Flood Protection Ordinance.
Basement. That portion of an elevated Structure below the BFE, existing solely due to
the structural design of the elevated Structure and as such being non -finished for
habitation.
Bed and Breakfast Inn. A Structure originally built as a single Family residence which is
owner Occupied and operated to provide guest rooms with breakfast and/or dinner
included as part of the room rate.
Billboard. A Sign, normally mounted on a Building Wall or freestanding Structure, with
advertising Copy which refers to something other than the name and primary character of
the business on the Premises where it is located or is located on a remote site from
service or site referred to by the Sign Copy.
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Building. Any Structure, either temporary or permanent, having a roof, and used or built
for the shelter or enclosure of Persons, animals, chattels, or property of any kind. This
definition shall include tents, Awnings, or vehicles situated in private property and
serving in any way the function of a Building but is not intended to permit such
Structures other than where expressly allowed under this Code.
Building Line. The limits of building for a specific Lot as established by the principal
building Setbacks.
Building, Zoning, and Planning Director. That individual appointed by the Village
Manager as the Director of the Building, Zoning, and Planning Department.
Cafe, Outdoor (Outdoor Dining Facility). A Use located on private property that is
characterized by outdoor table service of food and beverages that are prepared in an
adjacent or attached restaurant for consumption on the Premises. It is characterized by
tables and chairs and may be shaded by Canopies, Awnings, or umbrellas.
Cafe, Sidewalk. A Use located in the public Right -of -Way that is associated with a
restaurant where food or beverages are delivered for consumption on the Premises (but
not having cooking or refrigeration equipment). It is characterized by tables and chairs
and may be shaded by Canopies, Awnings or umbrellas.
Canopy. An Awning over a Building entrance that extends to the edge of the adjacent
Right -of -Way.
Carport. A roofed Structure which is completely open, except for supporting columns
(may include knee wall, maximum height 2.5 feet), on two sides and attached to or
detached from the main Building, designed and used for the purpose of providing shelter
for one or more motor vehicles.
Carport Canopy. A Structure of lightweight wood or metal construction which is
covered by trellis, canvas, or similar lightweight sheathing for the purpose of providing
shade to one or more vehicles. Carport Canopies, as defined herein, are limited in height
to ten feet above the Maximum Lot Elevation and limited in area to 300 square feet.
Change of Occupancy. A discontinuance of existing Use and the substitution therefore of
a Use of a different kind or class. Change of Occupancy is not intended to include a
change of tenants or proprietors unless accompanied by a change in the type of Use.
Chief Code Enforcement Officer. Includes any Village employee working under the
authority and direction of the Building, Zoning, and Planning Director.
Club, Private. Nonprofit association or organization of fraternal or social character.
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Club, Night. A restaurant, dining room, Bar or other similar establishment providing
food or refreshments wherein floor shows or other forms of entertainment are provided.
Commercial Uses. Any activity where there is an exchange of goods or services for
monetary gain. Such activities include but are not limited to Retail sales, offices, eating
and drinking facilities, theaters and similar Uses.
Communication Tower, Cellular. A Tower that is designed and used for the purpose of
sending and receiving cellular telephone calls. Included in this definition is the actual
Tower and any Accessory Building used to house necessary communication equipment.
Communication Tower, Monopole. A Cellular Communication Tower that consists of a
single pole set in a concrete foundation, and having the sending/receiving equipment
mounted at the top of the pole.
Communication Tower, Three -Sided. A self-supporting Cellular Communication Tower
that has three sides, no guy wires, and the sending/receiving equipment mounted at
various locations on the Tower.
Community Residential Home. Any Building or Buildings, section of a Building, or
distinct part of a Building, residence, private home, or other place, whether operated for
profit or not, which is licensed and/or monitored by the State Department of Children and
Families (or any successor agency) to provide a Family living environment (including
supervision and care necessary to meet the physical, emotional and social life needs of
one or more Assigned Residents not related to the owner or administrator by blood or
marriage).
Completely Enclosed Building. A Building separated on all sides from adjacent open
space, other Buildings or other Structures by a permanent roof and by exterior Walls or
party Walls, pierced only by windows and normal entrance or exit doors.
Concurrency. The requirement that necessary public facilities and services to maintain
the Village's adopted level of service standards are Available when the impacts of
Development occur.
Concurrency Determination. A determination as to whether required facilities and
services needed to support Development will be Available concurrent with the impacts of
such Development.
Conditional Use. A Use that is not generally appropriate in a district, but would be
appropriate if it is consistent with the review criteria.
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Convalescent Home. A Building, or portion thereof wherein for compensation, living
accommodations and care are provided for Persons suffering from illness, other than
mental or contagious, which is not of sufficient severity to require hospitalization, or for
Persons requiring further institutional care after being discharged from a hospital other
than a mental hospital.
Cooking Facilities. Any device used for food preparation, specifically to cook, heat, or
defrost food. Such devices may include, but should not be limited to, a wet -bar sink, a
microwave, or toaster.
Copy. The wording on a Sign surface either in permanent or removable letter form,
including trademark emblems or reproductions.
Cu' gte Saer- T'cad End Strcct. A Minor Street with only one outlet terminating at ono
Day Nursery. (See Nursery School).
Deck. A platform located below the Base Flood Elevation whose horizontal surface is
attached to the ground.
Dedication. A grant for designated public use.
Density. The maximum number of Units per acre, which can be developed on a parcel of
land (measured to the property lines).
Department of Transportation Standards. Includes the term State Standards and as used
herein shall refer to the Florida State Department of Transportation's Standard
Specifications for Road and Bridge Construction as currently adopted and in use.
Developer. Any individual, firm, association, syndicate, co -partnership, corporation,
trust or any other legal entity commencing proceedings under these Regulations.
Inasmuch as the Subdivision Plat is a necessary means to the end of assuring a
satisfactory Development under the terms of the Village Code, the term Developer is
intended to include the term Subdivider, even though the Persons involved in successive
stages of the project may vary.
Developer's Engineer. A professional engineer registered in this State, and engaged by
the Developer to plan and supervise the construction of the work required under these
Regulations.
Development. That meaning given in F.S. § 380.04.
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Development Permit. Any building permit, Use approval, Subdivision or Plat approval,
Site Plan approval, Development Review Committee Order, rezoning, Conditional Use,
or other official action of a unit of the Village having the effect of permitting the
Development of land.
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fronting on the trafficways.
Drive-In/Drive-Thru Restaurant or Refreshment Stand. Any place or premise used for
the sale, dispensing or serving of food, refreshments or beverages to patrons who enter
upon the premise in automobiles and receive service in automobiles, or for consumption
of food, refreshments or beverages in automobiles or otherwise off premises.
Duplex or Two -Family Residence. A residence Building designed for, or used as, the
separate homes or residence of two separate and distinct Families. Each individual Unit
in the Duplex shall have all living room accessible to each other from within the Unit and
each individual Unit is to be Occupied exclusively by one Family as a single
housekeeping Unit.
Dwelling. Any Building or part thereof, Occupied in whole or in part, as the residence or
living quarters of one or more Persons, permanently or temporarily, continuously or
transiently.
Dwelling, Group. A Building or part thereof, in which several unrelated Persons or
for the Persons or the Families. Group Dwelling may include a Rooming House,
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Dwelling, Multiple Family. A Dwelling Occupied by three or more Families; a Dwelling
comprised of three or more Dwelling Units.
Dwelling, One -Family. One or more rooms or Buildings physically arranged so as to
create an independent housekeeping establishment or Unit for occupancy by one Family
with separate toilets, and facilities for cooking and sleeping.
Dwelling, Single Family. A Dwelling Occupied by not more than one Family; a
Dwelling comprised of only one Dwelling Unit.
Dwelling, Two -Family. A Dwelling Occupied by not more than two Families; a
Dwelling comprised of two Dwelling Units.
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Easement. An interest in land granted for limited Use purpose, but which does not
convey fee title to real property.
Elevated Home. A home having all finished floors at or above BFE.
Enforcing Official. The officers and employees of the department, bureau or agency of
the Village to whom the duty of enforcing the terms of these Regulations are assigned.
Erected. Includes built, constructed, reconstructed, moved upon or any physical
operations on the premise required for building.
Established Grade. The Established Grade, as applied to any building site shall be the
average elevation of the sidewalk abutting such building site or, if there is no sidewalk,
the average elevation of the crown of the road or Street abutting such building site.
Where a building site abuts more than one road and/or Street, the Established Grade shall
be the average elevation of the sidewalks abutting such building site, or if there are not
sidewalks, the average elevation of the crown of the road on Streets abutting such
building site.
Family. Any number of individuals living together as a single housekeeping Unit and
doing their cooking on the Premises, as distinguished from a group occupying a Boarding
or Rooming House or Hotel.
Floor Area. The sum of the areas of the floors of a Building or Buildings, measured from
the exterior faces of exterior Walls or from the exterior face of an architectural
projection, from the centerline of Walls separating two attached Buildings. The
calculation of Floor Area for Unit sizes is measured from the centerline of a party Wall to
the interior face of an exterior Wall.
The Floor Area of a Building shall include all areas except for those areas listed below,
unless otherwise provided for in this chapter:
(1) Accessory water tanks or cooling Towers.
(2) Unenclosed exterior staircases or steps, exterior open fire escapes and open
stairwells.
(3) Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Unenclosed exterior Terraces, Balconies, breezeways, Porches, Carports, Gazebos,
sheds or hallways or areas that provide Access to a Unit or Units.
(5) Any floor space utilized for parking within an accessory off-street Parking garage.
For single Family and Two -Family Structures, the Parking garage is included in the FAR
calculation if the finished floor is more than two feet above the crown of the road except
as set forth in subparagraph (8). If the Parking garage is the main Permitted Use, then the
Floor Area of the Parking levels shall be included in the calculation for Floor Area Ratio.
(6) Mechanical equipment rooms located above the main roof deck.
(7) Exterior unenclosed private or public Balconies.
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(8) Floor Area located below BFE is excluded; however, if the ceiling is above BFE and
the space is enclosed on more than two sides, 10 percent of the horizontal Floor Area of
the space below BFE is included in the Floor Area.
(9) Exterior elevators and landings.
(10) Chaises.
(11) Service station or automotive repair when located in a parking garage.
In volumetric Buildings where there are no interior floors above the finished floor, the
Floor Area shall be calculated as if there were a floor for every ten feet. Volumetric space
between ten and 13 feet is not counted. Volumetric space above 13 feet shall be
calculated as follows: Floor area = 10 percent for each one foot or fraction thereof in
height x square feet of the space.
Volumetric space is not counted in the following:
(1) In entranceways that contain 225 square feet or less.
(2) Space between ten and 13 feet above the finished floor.
(3) Space above stairs.
Floor Area Ratio. The total Floor Area of a Building or Buildings on a building site
divided by the area of the site.
Frontage of a Property. The Plot line that abuts a Street or separates the Plot from a
Street.
Front Wall. That Wall of a Building fronting a Street that contains the primary Access to
the Building.
Garage, Community. A Building or part thereof, used for indoor Parking of self-
propelled private passenger vehicles, for Use of residents in the vicinity.
Garage, Mechanical. A Structure for the Parking of self-propelled passenger vehicles
wherein such vehicles are parked by mechanical means.
Garage, Private. An Accessory Structure designed or used for inside Parking of self
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Gazebo. A detached roofed trellised -covered Structure open on at least three sides.
Grade, Elevated Building. Equal to the Base Flood Elevation.
,
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Hazardous Substances. Any substance or material which, by reason of its toxic, caustic,
corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious
to the health or safety of any Person handling or using or otherwise dealing with such
material or substances.
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Height, Building -Maximum. As established in the Regulations governing each zoning
district and shall be measured as follows: the vertical distance from the point described
below to the top of the highest tie beam of the Building. The point to begin measuring the
height of a Building shall be as indicated below:
(1) Non -elevated Buildings: from the crown of the road.
(2) Elevated Buildings: from the Base Flood Elevation (BFE).
Home, One Story. Is a home with exterior Building Wall height not exceeding 14 feet
from BFE for Elevated Homes or from the grade of the lowest finished floor for Non -
Elevated Homes.
Home, Non -Elevated. A home having any finished floor below Base Flood Elevation
(BFE).
Hotel. A Building, or part thereof, in which sleeping accommodations are offered to the
public, primarily on a short term or transient basis.
Hotel Room or Unit. A room, or group of rooms with ingress or egress, intended for
rental to transients on day-to-day, week -to -week, or month -to -month basis; but, not
intended for Use or used as a permanent Dwelling. The definition includes:
(1) A sleeping room within a Hotel;
(2) A living or sleeping room within a Dwelling, having a separate entrance from
outside the Dwelling other than the principal entrance of Dwelling; and
(3) A living or sleeping room within a Dwelling Unit of a Multiple Family Dwelling,
having a separate entrance from outside the Dwelling Unit.
Institutional (Use). A Use, Building, or organization of a public character or providing a
public or semi-public service.
Local Business Tax Receipt. A receipt issued by the Village as a prerequisite to the
maintaining and conducting of a business, service or profession.
Local Business Tax Receipt (Restricted). Any Local Business Tax Receipt issued to a
Person engaged in any business or profession whose place of business is his residence.
Lot. A parcel or tract of land designated and identified as a single Unit of area in a
Subdivision Plat officially recorded in the public records of Dade County, Florida. This
definition includes the terms site, platted Lot, Plot, tract or parcel and land described by
metes and bounds.
Lot, Corner. A Lot at the intersection of two or more Streets, or Street and canal or
Waterway.
Lot Coverage. The area of the Lot Occupied by all Buildings, covered Structures and
Terraces above Maximum Lot Elevation, excluding the following: In Commercial,
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Office, or Multiple Family Districts, uncovered, open plazas located on the upper deck of
a parking garage, so long as the upper deck is no higher than two 2.0 feet above the Base
Flood Elevation constructed with an elevation at or below 3.0 ft. below grade; exterior
steps and landings attached to and providing a means of ingress and egress from a
Building; Carport Canopies which occupy less than 300 square feet in area; Gazebos
occupying a total area of up to two percent of the lot size; utility sheds; carports and
porches that provide a ten foot setback pursuant to section 30-100(0(12); planters with a
maximum height of four feet above grade and patios, Decks and swimming pools that are
located below the Maximum Lot Elevation. Lot Coverage shall specifically include any
non -roofed areas enclosed by Walls (other than Building Walls) that exceed six feet in
height and are attached to or otherwise form an integral part of a Building.
Lot, Interior. All Lots other than Waterfront Lots.
Lot, Non -Waterfront. All Lots other than Waterfront Lots.
Lot, Through. Any Lot having frontages on two parallel or approximately parallel
Streets.
Lot, Waterfront. Any Lot which has direct frontage on Biscayne Bay or any other body
of water within the Village boundaries.
Main Street Frontage. The length of the property line of any one Premises parallel to and
along the public Right -of -Way (but in no event an alley) bordering the primary Access to
the Buildings or Premises.
Master Drainage Plan. An engineering drawing and Written report outlining the primary
and secondary drainage facilities needed for the proper Development of a specific
increment of the Village.
Maximum Lot Elevation. The maximum height of Lot fill as established by this chapter.
Mechanical Amusement Device. Any machine or device other than an automatic
merchandise Vending Machine, Automatic or Coin -Operated Service Trade Machine, or
juke box that, upon the insertion of a coin, slug, token, plate or disc, may be operated by
the public generally for Use as a game, entertainment or amusement, whether or not
registering a score; including but not limited to such devices as marble machines,
mechanical grab machines, indoor shuffle boards, pinball machines, skill ball, shuffle
alleys, mechanical grab machines, electronic game machines or movie machines.
Motel. A Building, or part thereof, in which sleeping rooms and/or living
accommodations are offered to the public, with no Cooking Facilities for Use by the
occupants, primarily on a short term or transient basis, with Access to the individual
Units from the exterior of the Building and Parking facilities for Use of occupants near
their quarters.
N/A. Not applicable.
14
Nonconforming Structure. A Structure which lawfully existed prior to the adoption,
revision or amendment of this ordinance, but which fails, by reason of such adoption,
revision or amendment, to conform to the Regulations applicable in the Use district in
which it is located.
Nonconforming Use. A Use or activity which lawfully existed prior to the adoption,
revision or amendment of this ordinance, but which fails, by reason of such adoption,
revision or amendment, to conform to the Regulations applicable in the Use district in
which it is located.
Nursery School. A place for the day care and instruction of children not remaining
overnight. This definition includes the term Day Nursery.
Occupied. Includes arranged, designed, built, altered, converted, rented or leased to be
Occupied.
Office Building. A Structure designed to provide space for Professional Offices and
service activities and providing a common Parking area or areas for tenants and their
customers.
Offices, Professional. Offices which are utilized by Persons employed in a profession or
occupation requiring special, usually advanced, education or skill, and not involving
either sales or repair of any product or merchandise or the providing of any personal
services on the Premises. Professional Offices include, but are not limited to: medicine,
law, accounting, real estate, insurance, architecture, engineering, stockbroker, banking
and financial, and private investigator (excluding bail bonds).
Official Zoning Map. A map adopted by the Village Council showing zoning district
designations of property.
Open Space and Institutional Uses. Shall include public parks and recreation areas,
schools, churches, hospitals and similar public service Uses.
Outdoor Dining Facility. A Use located on private property that has outdoor table
service of food and beverages, which are prepared in an adjacent or attached restaurant,
for consumption on the Premises. It is characterized by tables and chairs and may be
shaded by Canopies, Awnings or umbrellas.
Overlay Regulations. A set of Regulations which are superimposed upon and
Package store. A vendor licensed to sell all alcoholic beverages, in sealed containers
only, for consumption off the premises.
15
Parapet. That portion of a Wall which extends above the Roof Line.
Parking. The temporary, transient storage of private passenger automobiles used for
personal transportation, while their operators are engaged in other activities. Parking shall
not include storage of new or used cars for sale, service, rental or any other purpose other
than specified above.
Parking Lot. An all weather surface area, not in a Street or alley, that is used for the
temporary Parking of more than four vehicles.
Parking Lot or Garage, Satellite. A Parking Lot or garage that is accessory to, but
Parking Lot and/or Garage, Valet. A Parking Lot and/or garage which is accessory to
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Patio or Pool Deck. A horizontal surface, whether of wood or other construction located
in the Front, Rear or Side Yard of a Lot or on the roof of a flat Structure.
Pedestal. That portion of the Building or Structure that is less than 50 feet in height
Person. Includes association, firm, co -partnership, or corporation.
Personal Service Uses. Establishments that are primarily engaged in providing non-
medical services involving the care of a Person, his or her apparel, or pets. These Uses
include but are not limited to hair salons, laundry and dry cleaning (drop off only), pet
grooming salon, shoe repair, diaper service, alterations, tailoring and jewelry repair,
carpet and upholstery cleaning, photographic studios, funeral services, steam baths,
reducing salons, health clubs and clothing rental.
Pervious Area. A permeable area of land within the Building Lot which permits the
drainage and percolation of stormwater.
Plat. A map depicting the division or Subdivision of land into Lots, Blocks, parcels,
tracts, or other portions thereof, however the same may be designated, prepared in
accordance with the provisions of these Regulations and those of any applicable law
and/or local ordinance, which may be designated to be placed of [on] record in the office
of the Clerk of the Circuit Court of Miami -Dade County.
Plat, Final. A finished map of a Subdivision accurately showing all legal requirements
of the State Plat Law and the requirements of these Regulations.
16
Plat, Preliminary. A copy of the Plat in sufficient form to readily compare the Plat with
the master plan and construction plans.
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Plot or Site. Land Occupied or to be Occupied by a Building or Use, and their Accessory
Buildings and Accessory Uses, together with such Yards and open spaces as are required
by these Zoning and Land Development Regulations. A Plot may consist of one or more
platted Lots[,] portions thereof and/or unplatted land, abutting and not separated or
interrupted by any other parcel of land, Right -of -Way or body of water. This definition
includes the term Lot.
Plot, Corner. A Plot of which at least two adjacent sides abut for their full length upon
Streets, provided that such two sides intersect at an interior angle of not more than 135°.
Where a Plot is on a curve, if tangents through the intersections of the Lot lines with the
Street lines make an interior angle of not more than 135°, such a Plot is a Corner Plot. In
the case of a corner Plot with a curved Street line, the corner shall be considered to be
that point on the Street line nearest to the point of intersection of the tangents herein
described.
•
Plot, Interior. A Plot other than a Corner Plot.
Plot, Key. The first Plot to the rear of a Reversed Corner Plot whether or not separated
Plot Line, Front. The line dividing a Plot from a Street (public road Right -of -Way). On a
Corner Plot the Front Plot Line shall be that Street Plot Line in line with the front line of
the adjacent Interior Plot. If this situation exists with both Street Plot Lines on a Corner
Plot (reversed corner), then both such Plot lines shall be considered Front Plot Lines for
applying required Front Yard Setbacks and Plot Width. On Through Plots both Front Plot
Lines shall require Front Yard Setbacks (see Article III).
Plot Line, Rear. The Plot line opposite and most distant from the Front Plot Line. In the
case of a triangular or gore -shaped Lot wherein the two Side Plot Lines converge in the
rear, the Rear Plot Line shall be considered to be a line ten feet in length within the Plot
parallel to and at the maximum distance from the Front Plot Line.
Plot Line, Side. Any Plot line other than a Front or Rear Plot Line. A Side Plot Line
separating a Plot from a Street is called a side Street Plot Line. A Side Plot Line
separating a Plot from another Plot or Plots is called an interior Side Plot Line.
Plot Line, Street or Alley. A Plot line separating the Plot from a Street or alley.
17
Plot (Site) Plan. A drawing to scale accurately showing the size and dimensions of a
Plot, the size, dimensions and locations of all Buildings and Structures, Parking facilities
and other paved areas, existing and proposed, the width or distance from centerline of
adjoining public road Right -of -Way, and any other information pertinent to depicting the
proposed physical Development of property.
Plot, Reversed Corner. A Corner Plot the side Street line of which is substantially a
continuation of the Front Plot Line of the first Plot to its rear.
Plot, Through. A Plot abutting on two Streets, not at their intersection.
Plot Width. The horizontal distance between the Side Plot Lines at the depth of the
required Front Yard.
Porch. An un-airconditioned roofed Structure attached to a residence which must be at
least 70 percent open on each exposed side. Only supporting columns may be visible
above 42 inches from the finished Porch floor level.
Porte-Cochere. A roofed Structure attached to a Building and Erected over a driveway
for a Building entrance not exceeding one Story in height and open on three sides.
Premises. An area of land (Lot or unplatted tract or any combination of contiguous Lots
or unplatted tracts) with its appurtenances and Buildings which, because of its Unity of
Use, may be regarded as the smallest conveyable Unit of real estate.
Property Owncr's Association. A nonprofit organization recognized as such under the
through which each owner of a portion of a Subdivision, be it a Lot, home, property or
any other interest, is automatically a voting member, and each such member is
automatically subject to a charge for a prorated share of expenses, either direct or
•
Psychic Help Uses. Establishments primarily engaged in providing advice or counseling
to Persons based on readings of objects and/or extrasensory perceptions for either
guidance or entertainment. Including but not limited to fortune telling, astrology,
handwriting analysis, phrenology, palm reading, tarot card reading, crystal readings,
psychic counseling, numerology, and channeling. Psychic Help Uses may not be licensed
as secondary or Accessory Uses where not listed as a permitted Use.
Public Utility. Includes every Person, corporation, partnership or association or other
legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating,
managing or controlling a system or proposing construction of a system that is provided
or proposes to provide water or sewer service, electricity, natural or manufactured gas, or
18
any similar gaseous substance, telephone or telegraph service to the public for
compensation.
Regulation or Regulatory Control. A rule or order promulgated by the Village, or other
competent authority with jurisdiction, controlling anything relative to the Use and/or
Development of land, water or Structures within the Village. This may include provisions
for the administration and enforcement of Regulations.
Remodeling, Redecorating or Refinishing. Any change, removal, replacement or addition
to Walls, floors, ceiling and roof surfaces or coverings which do not support any beam,
ceiling or floor load, and which do not affect any bearing partition columns, exterior
Walls, stairways, roofs, or other structural elements of a Building or a Structure.
Restrictive Covenant. A Written agreement executed by and between a property owner
and the Village of Key Biscayne, whereby the property owner agrees to certain
conditions, restrictions and/or limitations on the Use, maintenance or sale of his property.
Such "Restrictive Covenant" shall be recorded in the public records of Miami -Dade
County, Florida and shall run with the land and shall be binding upon the property owner,
his successors and assigns.
Retail. The sale of commodities or goods which are sold to the ultimate consumer.
Right -of -Way. A strip of land dedicated or deeded to the perpetual use of the public.
Right -of -Way Intersection. The intersection of private property lines at a Street
intersection.
Roof Line. The top edge of the roof or the top of the Parapet, whichever forms the top
line of the Building Structure.
Rooming House or Boarding House. See Lodging House.
Satellite Antenna. A device which is designed to receive broadcast Signals from earth -
orbiting communication satellites, including a low -noise amplifier (LNA) and a coaxial
cable for the purpose of carrying signals to the interior of a Building.
Screened Enclosure. A frame Erected of metal which framing and overhead supports are
only covered with insect screening of metal, fiberglass or other approved insect
screening. The framing and overhead supports of such Screened Enclosure shall be solely
for the purpose of supporting such screening.
Service Station (Filling Station). Any establishment that sells, distributes or pumps fuels
for motor vehicles.
19
Setback. The minimum horizontal distance between the Lot or property line and the
nearest front, side or rear line of the Building (as the case may be), including Terraces or
any covered projection thereof, excluding steps (also see Yard and Required Yard).
Shopping Center. A group (two or more) of Retail stores, service establishments or any
other business, planned to serve a community or neighborhood, not necessarily under a
single land ownership, which are adjacent to and utilizing a common Parking area or
areas.
Sign. Any identification, description, illustration or device illuminated or non -
illuminated which is visible from any public place or is located on private property and
exposed to the public which directs attention to a product, service, place, activity, Person,
institution, business or solicitation, including any permanently installed or situated
merchandise; or any emblem, painting, banner, pennant, placard or temporary Sign,
which advertises, identifies or conveys information, with the exception of the flags of the
United States, the State of Florida, and the Village. For the purpose of removal, Signs
shall also include all Sign Structures.
Sign, Advertising. Any form of Sign intended to aid, directly or indirectly, in the sale,
Use or promotion of a product, commodity, service, activity or entertainment.
Sign, Animated. A Sign which includes action or motion of any part by any means,
including wind power.
Sign Arca, Aggregate. The sum of the area of all faces of a Sign, including all elements
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Sign, Awning -Canopy. A Non -Illuminated Occupant Identification Sign affixed flat to
the surface of an Awning or Canopy and which does not extend vertically or horizontally
beyond the limits of such Awnings or Canopy.
Sign, Banner (Including Pennant, Streamer). Any Sign that is intended to be hung, either
with or without frames, possessing characters, letters, illustrations, or ornamentations
applied to paper, plastic, or fabric of any kind. National flags, flags of political
subdivisions, and symbolic flags of any institution or business shall not be considered
banners for the purpose of this article.
Sign, Changeable Copy. A Sign such as a movie marquee where slots are provided on a
background for changeable letters to be added.
20
Sign, Changing. A Sign such as an electronically or electrically controlled public service,
time, temperature and date Sign, message center or readerboard, on which different Copy
changes of a public service noncommercial nature are shown on the same lampbank.
Sign, Crcdit Card. A Sign, decal or emblem (monetary, institutional, and the like)
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•
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"exit," "Parking in rear," and the like.
Sign, Directory. A Sign at a Shopping Center or Office Building which provides general
identification for the entire center or Office Building and contains specific advertising or
identification for two or more tenants of the center or Office Building.
Sign, Double Faced. A Sign with two sides having Copy. Each side of the Sign is
Sign Face. Any part of a Sign that is or could be used for Copy.
Sign, Flashing. A Sign which contains an intermittent or flashing light source, or which
includes the illusion of intermittent or flashing light by means of animation or an
externally mounted intermittent light source. Automatic Changing Signs such as public
service time, temperature and date Signs, or electronically controlled message centers are
classified as "Changing" Signs, not "Flashing" Signs. This term does not include
Electronic Message Centers.
Sign, Flat Wall. A Sign attached to or Erected against the Wall or facade of a Building,
the display surface of which is parallel to the Building Wall not extending above the Roof
Line of a Building except as provided in Article 8, § 8.5.A.10. of these Regulations or
extending more than 12 inches from the facade of the Building to which it is attached.
Sign, Freestanding. A Sign Erected on a freestanding frame, mast or pole, and not
attached to any Building or any other Structure.
Sign Height. The vertical distance measured from the Established Grade to the highest
point of a Sign or its supporting Structure, whichever is higher.
Sign, Illuminated. A Sign which is lighted by any light source, internal or external,
whether or not said lights are physically attached to the Sign. This definition shall not
include Signs which are illuminated by Street lights or other light sources owned by any
public agency or light sources which are specifically operated for the purpose of lighting
the area in which the Sign is located rather the Sign itself
21
Sign, Instructional. A Sign which provides instructions and is located entirely on the
property to which it pertains and does not in any way advertise a business, and does not
exceed two square feet in area; identifying restrooms, public telephones, walkways and
such.
Sign, Message Center. A Sign that has the capability of changing Copy.
Sign, Monument. A freestanding Sign permanently affixed to the ground with a
maximum height of eight feet.
Sign, Movable. A Sign not permanently attached to the ground on a Building, including
Sidewalk or Sandwich Signs.
Sign, Nonconforming. A Sign or Sign Structure which was lawfully Erected and
maintained prior to such time as it came within the purview of these Regulations and any
amendments thereto, and which fails to conform to all applicable Regulations and
restrictions.
Sign, Non -Illuminated. A Sign that is not illuminated.
Sign, Occupant Identification. A Sign which is limited to the name, address and number
of a Building, institution or Persons, and to the activity carried on in the Building or
institution.
Sign, Off Premises. A Sign identifying, advertising, or directing someone to a business,
Person, activity, goods, products or services, located at a different location or Premises
from where the Sign is installed and maintained.
or advertising a business, Persons, activity, goods,
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Sign, Painted Wall. A Sign painted on any outside Wall of a Building.
Sign, Permanent Political. A Political Sign that requires a permit and must comply with
all requirements of the South Florida Building Code and Sign Regulations of the Village.
•
Sign, Pole or Pylon. A Freestanding Sign permanently affixed to the ground with a
maximum height of 16 feet.
Sign, Political. A Sign that expresses a comment on a matter of public interest.
Sign, Projecting. A Sign other than a Flat Wall Sign which is attached to and projects
from a Building or Structure face at any angle.
Sign, Public Service Information. A Sign which provides general public service
information, such as time, date, temperature, weather, directional information,
community events, but no business identification advertising.
22
Sign, Pylon. A freestanding Sign which is less than six feet high that is permanently
Sign, Roof A Sign Erected over or on the roof or extending above the Roof Line, which
is dependent upon the roof, Parapet or upper Walls of any Building or portion thereof, for
support.
Sign, Rotating. A Sign. or portion of a Sign which moves in a revolving or similar
manner.
Sign, Sidewalk or Sandwich. A Moveable Sign located in the public Right -of -Way or on
private property.
Sign, Snipe. A Sign which is tacked, nailed, posted, glued or otherwise attached to trees,
poles, stakes or fences or to other objects with the message appearing thereon not
applicable to the present Use of the Premises or Structures upon which the Sign is
located.
Sign, Temporary Political. A Political Sign that does not require a permit and need not
comply with the requirements of the South Florida Building Code and Sign Regulations
of the Village.
Sign Structure. A Structure that supports, has supported or is capable of supporting a
Sign, including decorative cover.
Sign, Swinging. A Sign installed on an arm or spar that is not, in addition, permanently
fastened to an adjacent Wall or upright pole.
Sign, Temporary Announcing. A Sign Erected and maintained on vacant property or
Sign, Temporary Construction. A Sign Erected and maintained by an architect,
contractor, subcontractor, and/or materials business, upon property which such individual
and/or materials business is furnishing labor or material for new construction or major
renovation.
Sign, Temporary Real Estate. A Sign Erected by an owner or his agent indicating the real
property upon which the Sign is located is for rent, for lease or for sale.
of a flexible or banner type which notices regular special promotions such as "Oil
Change," "Lube Job," "Tire Sale," "Wheel Balancing," or other similar short term sales or
specials.
23
Sign, Temporary Window. A special purpose (sale, and the like) paper Sign installed
inside a window for purposes of viewing from outside the Premises.
Sign, Vehicle. A Sign affixed to or painted on a transportation vehicle, including
automobiles, trucks, boats, Trailers, golf carts, and campers, for the purpose of
Sign, Window. A Sign that is painted on, applied to, attached to or projected upon the
exterior of a Building, including doors and glass areas. Signs that are located within 15
feet of a glass area and can be seen from the outside of the Building are considered
Window Signs. Such Signs include but are not limited to identification labels, messages,
symbols, insignias, graphic representations, logos, or any other form which
communicates information.
Story. That portion of a Building included between the upper surface of any floor and the
upper surface of the floor next above or if there be no floor above it, then the space
between such floor and the ceiling next above it.
Street. A strip of land designated for vehicular traffic which affords a principal means of
Access to a Lot, or more than one Dwelling Unit, whether it is designated as a Street,
highway, thoroughfare, parkway, throughway, road boulevard, lane, place or, however
designated, excluding however alleys and expressways.
Street, Collector. A Street that carries traffic from Local Streets to arterial Streets and
includes the principal entrance Streets of a Subdivision or a Development and the Streets
for circulation within such Subdivisions or Developments, and for purposes of these
Regulations shall be considered a Street of higher classification than a Local Street.
Street, Expressway. A Street which is used only for the movement of vehicles providing
for no vehicular or pedestrian Access to Abutting Property, except for Street Access by
grade separation interchanges. Access to expressway is not permitted except at authorized
and controlled points. The acquisition of Right -of -Ways for expressways includes the
acquisition of Access rights thereto.
Street, Limited Access. Shall carry the same meaning as the term Limited Access.
Street, Local. A Street designed and maintained to provide Access to Abutting Property.
A Local Street is of limited continuity and not for through traffic.
Street, Major Arterial. A Street of higher classification than Local Streets used primarily
for traffic traveling a considerable distance within or through an area not served by an
24
expressway. A major arterial is of considerable continuity, used primarily as a main
traffic artery. A major arterial may also be a Limited Access Street.
Street, Minor. Shall carry the same meaning as the term Local Street.
Street, Minor Arterial. A Street of higher classification than a Local Street and is used
for continuous travel, primarily as a main traffic artery, but is more intermittent than a
major arterial and carries more traffic for greater distances than a Collector Street. A
minor arterial serves to carry traffic from Collector Streets to expressways and major
arterial.
Street, Private. Any Street which has not been dedicated for public Use and not accepted
for ownership or maintenance by the Village Council.
Street, Public. Any Street designed to serve more than one property owner, and must be
dedicated to the public and be accepted for ownership and maintenance by the Village,
unless it is a Private Street, allowed by the terms of these Regulations.
Structure. Anything constructed or Erected, which requires location on the ground or
attached to something having a location on the ground.
Structural Alteration. Any change, except for repair or replacement, in supporting
members of a Building or Structure, such as bearing Walls, columns, beams or girders.
Subdivider. Shall carry the same meaning as the term Developer.
Subdivision. Any division or re -subdivision of a Lot, tract or parcel of land, regardless of
how it is to be used, either by platting or by metes and bounds into two or more Lots,
Building sites or other divisions of one acre or less, for the purpose, whether for the
immediate or future transfer of ownership, lease, legacy, or Building Development,
including any division of land involving a Dedication, change or abandonment of a
Public Street, site, Easement or other Right -of -Way for any public Use of facility.
Surface Waters. Those waters which have been precipitated on the land or forced to the
surface in springs, and which have then spread over the surface of the ground without
being collected into a definite body or channel. They appear as puddles, sheet or overland
flow and rills and continue to be surface waters until they disappear by infiltration or
evaporation, or, until by overland or vagrant flow, they reach well-defined watercourses
or standing bodies of water such as lakes or seas.
Surveyor. A land surveyor registered in this State.
Tent. Any Structure or enclosure, the roof of which and/or 50 percent or more of the
sides, are of a natural or synthetic fabric.
25
Text Change (Amendment to this chapter). Any addition to, deletion of or change of
wording in subject matter with respect to these Zoning and Development Regulations.
Tower. That portion of a Building or Structure that is greater than 50 feet in height.
Townhome (Townhouse) or Townhome (Townhouse) Development. A grouping (more
than two Units) of single Family attached or detached Units on one site so that no Unit is
above another Unit with each Unit having ingress and egress. For purposes of
distinguishing a Townhome from an Apartment Unit for required Parking purposes, the
Building, Zoning and Planning Director shall characterize a Unit as a Townhome if it
substantially meets the following conditions: contains more than 1,000 square feet, the
Parking spaces are located in close proximity to the Building, separate water and/or
electrical meters and if the Building contains more than one floor.
Trailer. A vehicular Structure mounted on wheels, designed to be pulled by another
vehicle.
such as pavement
Trailer, House. (See Mobile Home.)
Trailer, Utility. A Trailer designed to transport materials, goods or equipment. This
includes boat trailers.
Unit. See (Apartment Unit, Duplex, Hotel Unit or Townhome.)
Unity of Title. A Written agreement executed by and between a property owner and the
Village of Key Biscayne, whereby the property owner agrees that the Lots and/or parcels
of land constituting the Building site shall be not conveyed, mortgaged, and/or leased
separate and apart from each other and that they shall be held together as one tract. The
"Unity of Title" shall be recorded in the public records of Miami -Dade County, Florida
and shall run with the land and shall be binding upon the property owner, his/her
successors and assigns.
Use. The purpose for which land or a Structure thereon is Occupied, utilized or
maintained.
Use of Land. Includes Use of water surfaces and land under water to the extent covered
by zoning districts, and over which the Village has jurisdiction.
Use, Principal or Main Permitted. The primary Use of the Plot as distinguished from
secondary or Accessory Uses. There may be more than one principal or main Use on the
Plot.
26
Use, Residential. A Use for living or sleeping of Persons not institutional in character,
such as a One -Family, Two -Family or Multiple Dwelling, Rooming House, Hotel, Motel,
Tourist Home, lodging house, Boarding House, villas, bungalow court.
Vacation. To abandon, discontinue or close any existing Public Street, alleyway,
Easement or any public lands and Waterways to renounce and disclaim any right of the
Village and the public in and to any land in connection therewith.
Variance. A modification of, or deviation from the Regulations which is authorized and
approved by the Village Council, in accordance with section 30-63.
Vehicle, Commercial. Any vehicle designed or used, or maintained primarily for the
transportation of property and/or Persons for hire including but not limited to tractors,
Trailers or any part thereof, wreckers, tow trucks or other vehicles equipped with a hoist
or other mechanical equipment designed to perform a similar function or taxicabs or any
vehicle commonly recognized as a truck or Commercial Vehicle or any vehicle whose
maximum gross weight exceeds 10,000 pounds (Gross Vehicle Weight) or contains
advertising markings in excess of three square feet per side of per vehicle top.
Vehicle, Recreational. Any vehicle or portable Structure designed primarily to provide
temporary living quarters for recreation, camping or travel use: either a vehicular
Structure mounted on wheels; self -powered or designed to be pulled by another vehicle;
or a Structure designed to be mounted upon and carried by another vehicle. This
definition is intended to include the following:
(1) Camping Trailer. A vehicular portable Structure mounted on wheels, constructed
with collapsible partial side Wall of fabric, plastic or other material for folding compactly
while being drawn by another vehicle, and when unfolded at the site or location
providing temporary living quarters.
(2) Truck Camper. A portable Structure, designed to be loaded onto, or affixed to, the
bed or chassis of a truck, constructed to provide temporary living quarters.
(3) House -Bus, Camp -Bus or Motor Home. A Structure built on and made an integral
part of self-propelled motor vehicle chassis primarily designed to provide temporary
living quarters.
(4) Travel Trailer. A vehicular, portable Structure built on a chassis designed to be
pulled by a standard passenger automobile and to be used as temporary living quarters.
•
Vending Machines. Any machine or device which, upon the insertion of any form of
currency, slug, token, plate, disc or card, or other object or numeric code that permits
dispensing of merchandise, tickets, services or products.
Village. The Village of Key Biscayne.
27
Village Engineer. The individual or engineering company designated by the Village
Manager.
Wall. All window and Wall area of a Building in one plane or elevation.
Waterway. A stream, canal or body of water, dedicated to public use, publicly owned, or
used and available for public travel by boats, not including privately owned bodies of
water or drainage ditches.
Work. Shall include all required construction as shown on approved plans and
specifications for all facilities and features of any kind which are required, related to the
process of Subdivision or [of] land under these Regulations.
Yard. A space on the same Plot with a Structure or Use, open and unobstructed from the
ground to the sky except by encroachments specifically permitted in these Regulations.
Yard measurements shall be the minimum horizontal distances. Yards shall extend and be
measured perpendicular and inward from the respective Plot lines. The term Yard
includes the term Setback, and these terms are synonymous. When the term Yard is used
it shall mean the minimum Required Yard or Setback.
Yard, Front. A Yard extending across the full width of the Plot along the Front Plot Line
from Side Plot Line to Side Plot Line.
Yard, Rear. A Yard extending across the full width of the Plot along the Rear Plot Line
from Side Plot Line to Side Plot Line.
Yard, Required. The minimum Required Yard or Setback required by these Regulations.
Any Yard space supplied in excess of the minimum amount specified shall not be deemed
to be a Required Yard.
Yard, Side. A Yard extending along the Side Plot Line from the Front Yard to the Rear
Yard.
Yard, Side (Street). A Side Yard adjacent to a Street.
Zoning Code. The Zoning and Land Development Regulations of the Village.
ARTICLE III. GENERAL PROVISIONS
Sec. 30-20. Scope of Regulations.
These Regulations shall govern the Development and Use of Land and activities within
the Village. No Building or Structure or part thereof shall be Erected, constructed,
reconstructed or altered and maintained, and no existing Use, new Use, or change of Use
28
of any Building, Structure or land or part thereof shall be made or continued, except in
conformity with the provisions of these Regulations.
Sec. 30-21. Uncompleted Structures.
No Building or Structure why that has not been completed in substantial conformity
with a Site Plan or Building Development plans and specifications upon which the
building permit for its construction was issued shall be permitted to
remain unfinished for more than six months after active construction operations have
been suspended or abandoned.
Sec. 30-22. Errors and violations.
The issuance or granting of a permit or approval of plans and/or specifications shall not
be deemed or construed to constitute a waiver or alteration of any provisions of these
Regulations, nor shall any permit or approval be deemed or construed to be a permit for
or an approval of, a violation of any of any Development, use or activity that would
violate any the provisions of these Regulations. No
permit conferring authority or presuming or purporting to confer give the authority to
violate or cancel the provisions of theese Regulations shall be valid except insofar as the
work or Use that-it-authef4es authorized by the permit is lawful- Nor and consistent with
these Regulations. No permit shall prevent the Building, Zoning, and
Planning Director from requiring the correction of errors in
said plans and specifications or causing compliance with these
Regulations. The Building, Zoning, and Planning Director may prevent Development
operations from being carried on when -pursuant to any permit in violation of
these Regulations.
Sec. 30-23. Replatted Lots and resubdivision of Hotels and Motels.
(a) Replatted Lots. The subdivision of any land shall be by plat or waiver of plat and
shall conform to these Regulations.
In such fesulmli3.4sion re -subdivision,
no Lot shall be created that whieli does not conform to the Regulations of the zoning
district within which such land is located.
(b) Gef4veicsien• Resi,t1464+44en-of Hotels or Motels.
Hotels and Motels shall not be converted to Multifamily Dwellings.
(1
1 VV KV..1.�V14J 11 1V 111 VV1 aylf Kalvv .. aVaa ;;;;i:
, aaa_ � a}- vaa vvwand the Life Saf V to time.
(2) The installation of Cooking Fes.^ci rtieo �vinto a-Mo olo �Mo el t il Uri w ^oncert the•
•
29
(3)
wr.Vii ivv wv wi . iva Vii,
, 1 wil>iiia, ,
Sec. 30-24. Street frontage required. No Plot may be built upon unless said Plot is
accessible by a dedicated public way, or by a Private Street or way which has been
approved by the Village Council following a public hearing.
Sec. 30-25. Use of Premises without Buildings.
Where a Plot is to be Occupied for a Permitted Use without Buildings, the Side Yards
and Front Yard required for such Plot shall be provided and maintained unless otherwise
stipulated within these Regulations, except that Side and
Rear Yards shall not be required on Plots that do not include Buildings and that are used
only used for private gardens or public parks or recreational purposes
Sec. 30-26. Use of residentially zoned land for Access.
No land which is residentially zoned land shall be used for as a driveway or for vehicular
Access purposes -to any other Plot whit Lot. or -used -for —any
Sec. 30-27. Reductions of Plots below minimum requirements.
No parcel of land may be subdivided into Plots which do not, which has less than tho
f pct within which it is located
unless the resulting parcel(s) meet the applicable minimum size
requirements set forth in these Regulations.
Sec. 30-28. Storage on residential property.
No land shall be used for the open storage of building materials or construction
equipment except in connection with ongoing construction on the same property for
which a valid building permit is in effect.
Sec. 30-29. Extension of Buildings with nonconforming Setbacks.
A legally constructed single Family home whichexists with Setbacks less than those
required by current Regulations ordinance may be extended along the established same
line as the existing Building Lines within the required Setback areas, provided that:
(1) Such additional construction shall not encroach past the existing Building line
further into the required Setback area ; and
30
(2) The property owner requesting such construction obtains Wterwritten approval
from the immediately -owners of the Abutting ,
and Planning properties. The Building, Zoning and Planning Director is authorized to
require improvements to the property to insure that the proposed construction is
consistent with the intent and purposes of the zoning district;
(3) The above applies only to the extension of One Story Homes that are constructed
Sec. 30-30. Nonconforming Structures and Uses.
It is the purpose and intent of the Regulations within this section to provide procedures
whereby lawful Nonconforming Structures and Uses as defined may be maintained where
such maintenance will not have a detrimental effect upon other Persons or property
within the vicinity, and in so doing to bring such Uses and Structures up to present
standards to the maximum possible extent.
(1) Nonconforming Use . The A lawful Nonconforming Use of
may be continued, although such Use does not conform to the Regulations of
the applicable zoning district, within which the Building is located. Any such Use shall
only be changed to a permitted Use. A Nonconforming Use shall not be expanded. If
such Nonconforming Use is discontinued for a period of six months, any further Use of
said Building or land shall be in conformity with the Regulations of the applicable zoning
district
Presedure .
(2) Conforming Use of a i' I\ onconforming Building or Structure. A lawful
nonconforming Building or Structure may be utilized for any Use which conforms to the
Regulations of the applicable zoning district within which the Building or Structure is
located, provided that: (1) no structural Alterations, except those required by law, are
made to the Building or Structure; or (2) the use of the nonconforming Building or
Structure is not discontinued for a period of six months.
('I) Nonconforming Usc of Land. The lawful Nonconforming Use of Land may be
,
intensified or extended to occupy a greater area of land or reinstated following
31
(34) Maintenance and repairs. Necessary maintenance and repairs may be made to any
nonconforming Building or Structure, provided no structural Alterations are made, and
further provided that such work in any 12 -month period does not exceed 50 percent of the
value of such Building or Structure as shown on the County tax assessment records or as
established by an independent appraiser who is a designated member of any nationally
recognized professional appraisers organization.
(47) Compliance with Regulations. Nothing in this section shall diminish the
responsibility of an owner to maintain his Use or Structure in full compliance with all
other Village, County, State or federal Regulations or licensing procedures.
(_SS) Establishment of nonconformity. For the purpose of this section, the mere
possession of a valid approval to Use land or Buildings or valid license to do so without
actual demonstrable Use of such land or Structure is an insufficient basis to establish
lawful nonconformity.
shall run with the land and are not personal to the owner of the land at the time of
Sec. 30-31. Duplex Subdivision.
In all zoning districts within which Duplexes are permitted, the property owner may file
an application with the Building, Zoning, and Planning Director to subdivide an
otherwise legally sited Duplex Structure into two separate ownerships. The Director shall
review the application based upon the criteria set forth below:
(1) The applicant has filed a parallel application for Subdivision of the Lot and
Structures into two separate single Family residential properties; and
(2) The Structure proposed for division is designed, sited and subdivided in a manner
that will not have a detrimental impact on the adjoining property or character of the
surrounding area. Should the Building, Zoning and Planning Director deny the request,
the applicant may file an appeal of an administrative decision.
Sec. 30-32. Determination of Uses not listed.
Wliefi If a Use is not epesifteay listed as a Main Permitted Use; or Conditional Use Of
prohibited Uoe in a particular zoning district ,
„c T rio may be ro,.. itte,' �c o11owr • it is a Prohibited Use, unless the Building, Zoning
and Planning Director issues an administrative decision of the Building, Zoning, and
finding that such Use exhibits and maintains a character
and intensity similar to a Use allowed in the district and otherwise would not have a
detrimental effect on the surrounding neighborhood or district. Appeal of the Building,
32
Zoning, and Planning Director's decision is to the Village Council and considered as an
appeal of an administrative decision. If a Use is not listed as a Main Permitted Use,
Use.
Sec. 30-33. Maximum allowed Density.
Density is used to determine the maximum number of Units allowed on a site based upon
the maximum allowed Density as set forth in the zoning district and as determined below:
(1) Easement areas located within the site are calculated in the area used for determining
Density;
(2) Density from one site shall not be transferred to another site; and
(3) The maximum allowed Density on a site shall not exceed the limit as established in
the zoning district Regulations except as provided for in the Comprehensive Plan der
plan (Future Land Use Plan, page 15). In such cases, where the maximum Density may
be exceeded, the repair or reconstruction of a Building shall only occur within the same
building envelope as was originally permitted and approved at the time the certificate of
occupancy was issued. This exception only applies to multiple Family Buildings that are
consistent with the land use element of the Comprehensive Plan .
Sec. 30-34. Building permits.
All applications for building permits shall be accompanied by a Site Plan drawn to scale
showing the actual dimensions of the Lot to be built upon, the size of the Building to be
Erected, the Setback lines observed, and such other information as may be requisite and
necessary to provide for the enforcement of the Regulatieff criteria contained in these
Regulations. A record of such application and copy of Site Plans shall be kept by the
Building, Zoning, and Planning Director and available for public inspection.
Sec. 30-35. Certificate of occupancy or certificate of completion.
No land shall be Occupied or used and no Building hereafter Eerected or altered shall be
Occupied or used in whole or in part for any purposes whatsoever until a certificate of
occupancy, a temporary certificate of occupancy or certificate of completion shall have
been issued by the Chief Building Official, stating or evidencing that the Premises or
Building and site on which it is located complies with all the provisions of these
Regulations.
Sec. 30-36. Moving Buildings.
No Building; or part of a Building, or Buildings shall be moved from the site of original
construction.
Sec. 30-37. Uses and activities to be conducted in enclosed Building.
All buss Uses and activities shall be conducted within a
Building that is completely enclosed except as provided for in these Regulations.
33
Sec. 30-38. Enforcement and penalties.
Failure to comply with these Regulations shall subject the violator to the penalties set
forth in Article X of these Zoning and Regulations.
Sec. 30-39. Appearance of Structures and sites under construction.
Sites where construction activity is occurring must be made securo at the conclusion of
construction activity each day with secured by a 42 -inch plastic mesh fence or better
placed neatly around the entire perimeter of the site. The fence must be made secure at
the conclusion of the construction activity each day. The fence must be maintained until
all windows and exterior doors have been installed. The site shall be maintained in a neat
and orderly appearance. As soon as practical, the exterior of Buildings shall have the final
finishes applied and windows installed.
Sec. 30-40. Fencing of vacant Waterfront Lots.
All vacant Waterfront Lots shall have a six-foot black or green coated chain link fence
along those portions of the site that face the water.
Miami Dade County shall continue to be applicable until such timo as the Villago
ARTICLE IV. ADMINISTRATION OF THE ZONING ORDINANCE
Sec. 30-60. General provisions.
All licenses, Development or building permits or other permits issued by any
department, agency or official of the Village for the erection, alteration, demolition or
Use of any Building or Structure or part thereof, or for the Use of any land or water, shall
comply with these Regulations as follows:
(1) Use which involves Approvals in violation of chapter. Unless ethenvise required by
law, no license, approval or permit shall be issued by any department, agency or official
of the Village for the Use of any Pferaises land or Structure or the operation of any
business, enterprise, occupation, trade, profession or activity which would involve or
constitute a violation of these Regulations.
(2) Changes, Additions, Rehabilitations and/or Use of Land. The
construction of any new Building or Structure, including any change, addition, or
rehabilitation, and/or the initiation of any Use of presently unused property, and additions
or rehabilitations to existing Buildings or Structures, and a change of Use of any
Building, Structure or property, shall conform with all of the applicable provisions of
these Regulations.
34
(3) Additions to an existing Building. Additions to an existing Building shall comply
with the provisions of these Zoning and Land Development Regulations.
(4) Rehabilitation of existing Buildings. The rehabilitation of an existing Building shall
comply with the provisions of these Zoning and Land Development Regulations.
(5) Change of Use for existing Buildings and/or land. Any change of the Use of a
Building and/or property shall comply with the provisions of these Zoning and Land
Development Regulations.
Sec. 30-61. Enforcement.
The Village Manager shall assign the responsibility of enforcement and
implementation of the provisions of these Regulations to
the appropriate departments, officials and employees of the Village.
Sec. 30-62. Reserved.
Sec. 30-63. Variance procedures.
(a) Variance criteria. A Subject to the exceptions stated in subsection (b) of this
Section 30-63, a Variance shall may be granted upon a finding that the desired Variance
and the petition in support thereof meets the following criteria:
(1)
The Variance will result in conditions that maintain and are consistent in all material
respects with the intent and purpose of these Regulations, protect and that the
general welfare= of the public, particularly as it affects tho stability and appearance of the
community will be protected and maintained; and
(2) Is The Variance will be compatible with the surrounding land Uses, and otherwise
consistent with these Regulations and the Comprehensive Plan, and will not be
detrimental to the community.
(b) No Use, Sign and Density Variances. In no instance shall a Variance be granted
whieh that permits a Use that is not listed as a Permitted Use in the district in which the
property is locatedor that changes the Permitted Uses in a District, or that permits an
increase in Density that exceeds the maximum permitted Density allowed in the zoning
district in which the property is located, or that permits a Sign that does not conform to
these Regulations.
(c) Types of Variances. There are three types of Variances which that may be granted
under these Regulations. These inelwie are supervisory Variances, administrative
Variances, and regulatory Variances.
(d) Resolution. The resolution whieh that memorializes the approval of any type of
Variance shall be recorded in the public records of Miami -Dade County at the applicant's
35
expense. A copy of the proof of recordation shall be submitted to the Building, Zoning,
and Planning Department prior to the issuance of any building permits. No building
permit shall be issued until proof of recordation has been submitted to the Building,
Zoning, and Planning Department.
(e) Village Attorney opinion for Variance applications which arc considcrcd by the
gillage-Geuneg. For each Variance application that is considered by the Village Council,
4the Village Attorney shall provide the Village Council with an opinion as to whether the
application is properly submitted and that it does not constitute a change of zoning, or a
Use Variance,. or Density Variance or Sign Variance.
(f) Building, Zoning and Planning Director recommendation for Variance applications
which arc considered by the Village Council. The Director of the Building, Zoning and
Planning Department shall provide the Village Council with a recommendation for each
application that is considered by the Council.
(g) Time limit. The approval of any type of Variance shall automatically become null
and void unless the appropriate Development order as defined in F.S. § 163.3164,
building permit, Local Business Tax Receipt, certificate of occupancy or certificate of
completion has been issued within 12 months of the date the resolution was executed by
the Village Mayor. Requests for an extension of time for a maximum additional 12
months shall may be considered by the Village Council. Notice requirements for such
requests are the same as those that were used for the original application.
(h) Application forms. The Building, Zoning, and Planning Department shall provide
the applicant with the Variance application form.
(i) Order or notice of violation. When the Building, Zoning, and Planning Director
determines that aff Variance application is complete, prosecution of a violation shall be
stayed until the Village Council approves or denies an application whish that would
remedy the violation if approved. If the Building, Zoning and Planning Director
determines that a stay would imperil the life or property or otherwise create substantial
risk or injury or would amount to a public nuisance, a stay shall not be effective issued.
(j) Appeals. An appeal of a decision on a variance made by an official of the Village
shall be to the Village Council. Following a public hearing, a majority vote of the
Council members in attendance at the meeting is required to reverse or amend a decision
of said official. This shall not be applied to conflict with the Village Charter requirement
of action by four affirmative votes. Judicial review of a decision made by the Village
Council shall be to a court of competent jurisdiction by petition for certiorari, and within
the time frames allowed by the rules of appellate procedures. For purposes of filing an
appeal of a decision of the Council, any party who appeared lin Writing, orally, or was
represented by an attorney, or any party who received Written notice of the hearing from
the Village Clerk or the Building, Zoning, and Planning Department, shall be considered
as an aggrieved party, subject to judicial rules of standing.
36
(k) Consideration of petitions after denial or withdrawal. When ai Variance
application is denied by the Village Council or withdrawn after public notice has been
provided, no other application that is substantially the same as the original application
shall be filed within one year from the date of denial or withdrawal. This prohibition may
be waived by the Village Council by permitting the withdrawal or denial without
prejudice. Any subsequent application that provides Setbacks; Dewy or Parking spaces
of an additional ten percent or more of the counts that were provided in the original
application, shall be determined to be a new application and not subject to provisions of
this paragraph.
(1) Notification. Whenever notification to property owners is required, the applicant
making the request shall submit the following to the Building, Zoning, and Planning
Department:
(1) A list of the names and addresses of all property owners within the notification
distance that was required by this article and a letter certifying as to the accuracy and
completeness of the list by a Licensed Professional Engineer, Licensed Architect,
Licensed Landscaped Architect, Licensed Real Estate Broker, Licensed Real Estate
Appraiser, an attorney who is a member of the Florida Bar, a Licensed Land Surveyor, or
a Land Planner who is a member of the American Institute of Certified Planners (AICP).
(2) Two duplicate sets of self adhesive mailing labels containing the names and
addressees of property owners indicated on the certified list.
Sec. 30-64. Supervisory Variances.
The supervisory Variance procedure shall be used for a Variance from the
these Regulations, limited to improvements
existing at the time of application as opposed to planned construction and involving the
following matters exclusively: Setbacks, spacing of Buildings, Floor Area Ratios, Lot
Coverage, Pervious Area, and Parking. The supervisory Variance procedures may only be
used for applications that which receive the approval of the Building, Zoning, and
Planning Director and are subject to the following:
(1) The Building, Zoning and Planning Director shall have the authority to waive up to
two feet or ten percent,. whichever is greater of the required Setbacks, Lot Coverage,
Pervious Area, or Parking for projects that which have been completed or under
construction (see paragraphs (3) and (4) below). Applicants are restricted to current
property owners.
(2) The applicant shall provide a Written statement from the Abutting Property owner
consenting to the waiver. There shall be no other notice requirement.
37
(3) For existing construction that has received a certificate of use or certificate of
occupancy, the applicant shall provide an affidavit stating they the applicant did not
construct that portion of the project whisk that encroaches into the required Setback.
(4) For projects that are under construction and ail where encroachment into the required
Setback has occurred, the applicant shall provide a statement that the encroachment has
resulted from an error during construction.
Sec. 30-65. Administrative Variances.
(a) The A administrative Variance procedure shall be used for a Variance from these
Regulations limited to improvements existing
at the time of application as opposed to planned or pending construction and involving
the following matters exclusively: Setbacks, spacing of Buildings, height, Floor Area
Ratios, Lot Coverage, Pervious Area, and Parking. The administrative Variance
procedures may only be used for applications whieh that receive the approval of the
Building, Zoning, and Planning Director. The maximum amount of the waiver is 20
percent of the requirement.
(b) An application for an administrative Variance shall be made by the fee owner of the
property on a form prescribed by the Building, Zoning and Planning Department and
shall be submitted to the Building, Zoning and Planning Department, together with a
processing fee whisk that shall be set and may be amended from time to time by the
Village Council. The application shall include a recent survey of the property, an
accurately dimensioned Site Plan showing the existing Structures on the subject property,
the general location and Use of existing Structures on the Adjacent Properties from which
the non-use Variance is being requested and a letter of intent explaining the reason and
justification for the non-use Variance. The application shall be accompanied by:
(1) The Written consent of all the owners of all adjacent or abutting Lots to the subject
property, including Lots immediately across the Street from the subject property; and
(2) The Written consent of all utilities and/or Easement holders if the proposed work
encroaches into any Easements.
(3) No other form of public notice is required.
Administrative Variance applications shall not be processed unless and until all the
information set forth in this subsection (b) is delivered to the Director of the Building,
Zoning and Planning Department.
(c) Upon receipt of the completed application for the administrative Variance, the
Director of the Building, Zoning and Planning Department, prior to making his or her
decision, shall inspect or shall have a staff member of his the department inspect the
subject property and its surrounding properties to determine what impact, if any, the
proposed request will have on the area. The applicant shall submit a petition from the
residents and/or owners of the Adjacent Properties including the property or properties
38
immediately across all adjacent Streets, attesting to their approval of the administrative
Variance. The Building, Zoning and Planning Department shall determine who is
required to sign the petition.
(d) Upon receipt of all necessary information including a staff report, the Director of the
Building, Zoning and Planning Department shall review the information and render his or
her decision either approving, approving with modifications, or denying the request. A
copy of said decision shall be published in a newspaper of general circulation in the
Village of I ey B A courtesy notice containing the decision of the Director of the
Building, Zoning and Planning Department shall be mailed to
adjacent Property owners of record, their tenants or their agents, that are du y as noted on
the application. The failure to mail or receive such courtesy notice shall not affect any
action or proceedings taken hereunder. In granting any administrative Variance, the
Director of the Building, Zoning and Planning Department may prescribe any appropriate
conditions and safeguards he may feel necessary to protect and further the interest of the
area and adjacent Abutting Properties. If a Variance is granted, The decision of tho
(e) The applicant or any aggrieved property owner may appeal the decision of the
Director of the Building, Zoning and Planning Department to the Village Council within
15 days from the date the decision is published. A building permit shall not be issued
until the appeal period has expired. In the event the Director of the Building, Zoning and
Planning Department should determine that the prohibition of issuing a building permit
could cause imminent peril to life or property, the Director may permit the issuance of a
building permit upon such conditions and limitations, including the furnishing of an
appropriate bond, as may be deemed proper under the circumstances. All appeals
hereunder shall be in the form prescribed by the Village Manager and shall include a
processing fee which shall be set and amended from time to time by the Village Council.
(f) A request for judicial review of a decision of the Village Council shall be made in a
court of competent jurisdiction .
Sec. 30-66. Regulatory Variances.
The Village Council shall have jurisdiction regarding the disposition of
Regulatory Variances. The following procedures shall be used in the processing of
applications for Regulatory Variances.
(1) Application forms. The Building, Zoning, and Planning Department shall have the
responsibility of assisting applicants in the filing of applications for Regulatory
Variances.
(2) Public notice and hearing requirements. The Village Clerk shall schedule a public
hearing pursuant to the procedures set forth in section 30-68. An application for a
39
Regulatory Variance requires one public hearing before the Village Council. All public
hearings and meetings of the Council with regard to a Regulatory Variance are open to
the general public. Interested parties shall have the right to appear at any meeting or
public hearing, personally or by an attorney, and have the right to object or to express
favor before the Council. Any interested Person may file their objection or approval In
Writing prior to the time the Council makes a decision on the application.
(3) Vote. Except as provided for in the Village Charter, a majority vote of the members
of the Council in attendance is required to deny, approve or approve a request with
conditions. Violations of the conditions shall be deemed to be a violation of this article.
(4) Modification of conditions. Should the applicant request to modify any condition,
said request must be approved by the Village Council. Public notice shall be the same as
that which was required for the original request.
(5) Resolution. The Village Council shall memorialize its decision in the form of a
resolution or development order. The resolution or development order shall be recorded
in the public records of Miami -Dade County and be considered as a covenant running
with the land. No building permit, certificate of occupancy, certificate of use, or Local
Business Tax Receipt shall be issued until the applicant provides evidence of the
recordation. A copy of the proof of recordation shall be submitted to the Building,
Zoning, and Planning Department prior to the issuance of any building permits.
(6) Conditions. The Village Council may stipulate reasonable conditions and
requirements in granting any application for a Regulatory Variance, when it is found by
the Village Council to be necessary to further the purpose of the zoning district or
compatibility with the surrounding neighborhood.
(7) Appeals. Judicial review of a decision made by the Village Council shall be to a court
of competent jurisdiction.
Sec. 30-67. Summary of Variance Regulations.
TABLE INSET:
Regulation
Supervisory
Variance
Administrative
Variance
Regulatory
Variance
Variance relating to:
Setbacks
Floor Area Ratios,
Lot Coverage,
Pervious Area,
Parking
Setbacks
Floor Area Ratios,
Lot Coverage,
Pervious Area,
Parking
All Variances (excluding
Use, Density, and Signs)
% or footage that may
be waived
2 ft. or < 10% of
requirement
10% but < 20%
Any percentage
40
Requires Building,
Zoning, and Planning
Director approval
prior to processing
Yes
Yes
No
Approval of Adjacent
Property owner
nearest to request
Yes
Yes
No
Approval of all
Adjacent Property
owners (petition)
No
Yes
No
Mailed notice to
property owners
within 300 ft. of
property which is
subject of the
application
No
No
Yes
Notice in newspaper
No
Yes
Yes
Posting of property
No
No
Yes
Appeal to
Village Council
Village Council
Court
Sec. 30-68. Public hearing and notice requirements.
(a) When an application is filed which requires a public hearing before the Village
Council, the Village Clerk shall schedule same and provide public notice as set forth
below.
(b) Written recommendations of the Village Manager or his designee shall be developed
and such recommendations shall become a part of the hearing file and record, and open
for public inspection.
(c) Notice of the time and place of the public hearing describing the nature of the
application and Street address of the property shall be published in a newspaper of
general circulation in the Village not less than ten days prior to the public hearing.
(d) A courtesy notice containing substantially the same information set forth in the
published notice may be mailed to the property owners of record located within a radius
of 300 feet of the property described in the application or such greater distance as the
Village Manager may prescribe; provided, however, that failure to mail or receive such
courtesy notice shall not affect any action or proceedings taken under this section.
(e) The property shall be posted no later than ten days prior to the hearing in a manner
conspicuous to the public, by a Sign or Signs containing information concerning the
41
application including but not limited to the applied for zoning action and the time and
place of the public hearing.
(f) All costs of advertising, mailing and posting shall be borne by the applicant.
(g) Number of required public hearings:
TABLE INSET:
Type of petition
Number of required public hearings
Regulatory Variance
1
Appeal of Administrative Decision
1
Text Amendment
2
Change of Zoning District
2
Conditional Use
1
Sec. 30-69. Ex-parte communications.
The following process shall apply to quasi-judicial actions pending before the
Village Council:
(1) Communications between Village Council and public. All oral and Written
communications with the public involving quasi-judicial action pending before the
Village Council must take place at the public hearing. Outside of the public hearing, the
Council is prohibited from discussing the merits of any matter on which action may be
taken by the Council.
(2) Communications between Council and staff. Written and oral communications
between Council members and staff shall be allowed.
(3) Written communications. In the event that a Council member receives a Written ex-
parte communication, the Council member shall immediately submit the Written
communication to the staff so that it can be placed in the file and made a part of the
record either before or during the public hearing prior to the Council voting on the
application.
(4) Site visits. A Council member may make a site visit regarding a quasi-judicial
matter pending before the Council, provided that the existence of the site visit is made
part of the record prior to the Council taking final action on the application.
Sec. 30-70. Appeal of an administrative decision.
(a) The Village Council shall hear, decide and rule upon the matters set forth herein.
(b) Appeal. Any party in interest, aggrieved by an order, decision or interpretation
rendered by the pertinent officials of the Village, in the enforcement of the terms and
provisions of this chapter may file an appeal with the Building, Zoning, and Planning
Director subject to the following:
42
(1) The appeal shall be In Writing, specifying the grounds thereof on forms as provided
by the Building, Zoning, and Planning Department.
(2) The appeal shall be filed within 30 days of the date the administrative order,
decision, or interpretation is rendered is mado.
(c) Public notice shall be provided as set forth in section 30-68.
Sec. 30-71. Procedures for a text change or zoning district change.
(a) Text amendment procedures. The text of these Zoning and Land Development
Regulations may be amended in accordance with the following procedures:
(1) A petition for change of text or zoning district may be submitted to the Building,
Zoning and Planning Director by any of the following:
a. Village Council;
b. Village Manager;
c. Village Attorney; or
d. An owner of property in the Village.
(2) All petitions shall be on forms provided by the Building, Zoning, and Planning
Director.
(3) A petition filed by a property owner that changes the boundaries of a zoning district
or creates a new zoning district shall include documentation that a majority of the owners
of the property in said district approve of the petition.
(4) A petition that results in the designation of a new zoning district shall include a
minimum of one acre of land. A petition that expands the boundary of an existing zoning
district has no minimum area.
(5) Public notice shall be provided as set forth in section 30-68.
(b) Review criteria. In order to approve a text amendment, or change of zoning district
the Village Council must find that the petition is consistent with all of the following
criteria. The applicant is required to provide a report at the time the petition is filed which
includes documentation that the petition is consistent with each of the below criteria:
(1) The proposed amendment is consistent with the Comprehensive Plan;
43
(2) The proposed change will result in Buildings that are consistent in scale and
otherwise compatible with those within 300 feet of the site;
(3)
The resulting boundaries of a zoning district are logically drawn;
(4) The proposed change will enhance property values in the Village;
(5) The proposed change will enhance the quality of life in the Village; and
(6) There are substantial and compelling reasons why the proposed change is in the best
interests of the Village.
(c) Conditions. The Village Council may stipulate conditions and requirements in
granting any application for a text or district change, when it is found by the Village
Council to be necessary to further the purpose of the zoning district or compatibility with
the surrounding neighborhood.
(d) Judicial review of a decision made by the Village Council shall be to a court of
competent jurisdiction.
Sec. 30-72. Conditional Use procedures.
(a) Background. Certain Uses are listed as Conditional Uses and are permitted in
zoning districts subject to the approval of the Village Council. These Uses are considered
basically suitable for the districts in which listed, but the character and nature of the Uses
are such that they may necessitate controls and safeguards on the manner of
establishment and operation, which, by being determined by the Council at public
hearing, would better serve the interests of the community and the owners of the property
in question.
(b) Notice. Public notice requirements shall be as set forth in section 30-68.
(c) Criteria. In order to approve a petition for a Conditional Use, the Village Council
must find that the application is consistent with all of the below review criteria:
(1) The Use is consistent with the Comprehensive Plan.
(2) That the configuration and design of the site will facilitate safe movement of
vehicular and pedestrian traffic, both internal to the Use and upon the adjacent roadways
that will serve the Use.
• ' . •
1 V{.LK♦T V{4r/{.{,Vl{.♦, , f.411K V{.11V1 11VVVV V{.ii 1 VKv1av abavaaa �avv,
,
44
(34) The proposed use shall be consistent with the existing natural environment and
community character of the immediate neighborhood of the proposed use;
(4) That there are adequate Setbacks, buffering, and general amenities in order to control
any adverse effects of noise, light, dust or other potential nuisances.
(5) That the application of the Use at the subject location is consistent with the purpose
of the underlying zoning district.
(1,55) Where the proposed conditional use is a package store, the Village Council shall
consider the following additional criteria:
a. The adverse effects that the proposed package store will have upon neighboring
properties, with particular attention to the effects of noise, traffic patterns, and glare from
exterior lighting or headlights on nearby residential properties.
b. The amount and degree of law enforcement activities which could reasonably be
anticipated to be generated by the proposed package store, both outside and inside, with
particular emphasis upon noise, vehicular use by patrons, and vandalism.
c. Whether the proposed package store makes adequate provision for the elimination of
the potential for adverse impact upon adjacent residential areas from hazardous or illegal
overflow parking.
d. The proximity of the proposed package store to schools, parks and places of worship.
(d) Conditions. • •
,
t ct�o s- tie- g$ ounc ' „ a ' The Village Council
may stipulate conditions and requirements in granting any application for a Conditional
Use, when such condition is found by the Village Council to be necessary to further the
purpose of the zoning district or compatibility with the surrounding neighborhood ether
(e) Resolution. The resolution or development order which memorializes the approval of
a Conditional Use shall be recorded in the public records of Miami -Dade County at the
applicant's expense. A copy of the proof of recordation shall be submitted to the
Building, Zoning, and Planning Department prior to the issuance of any building permits.
(f) Recommendation.
. The Director of the Building,
Zoning and Planning Department shall provide the Village Council with a
recommendation for each Conditional Use application that is considered by the Council.
(g) Time limit. The approval of any type of Conditional Use shall automatically become
null and void unless the appropriate Development order as defined in F.S. § 163.3164,
45
building permit, Local Business Tax Receipt, certificate of occupancy or certificate of
completion has been issued within 12 months of the date the resolution granting the
Conditional Use was executed by the Village Mayor. Requests for an extension of time
for a maximum additional 12 months shall be considered by the Village Council. Notice
requirements for such requests are the same as those that were used for the original
application.
(h) Application forms. The Building, Zoning, and Planning Department shall provide
the applicant with the application form.
(i) Pending notice of violation. When the Building, Zoning, and Planning Director
determines that an application is complete, prosecution of any pending violation shall be
stayed until the Village Council approves or denies an application which would remedy
the violation. If the Building, Zoning and Planning Director determines that a stay would
imperil the life or property or otherwise create substantial risk or injury or would amount
to a public nuisance, a stay shall not be effective i.
(j) Appeals. Judicial review of a decision made by the Village Council shall be to a
court of competent jurisdiction ', and within the time frames
allowed by the rules and appellate procedures. For purposes of filing an appeal of a
decision of the Council, any party who appeared in W riting, orally, or was represented
by an attorney, or any party who received Written notice of the hearing from the Village
Clerk or the Building, Zoning, and Planning Department, shall be considered as an
aggrieved party, subject to judicial rules of standing.
(k) Consideration of petitions after denial or withdrawal. When an application is denied
by the Village Council or withdrawn after public notice has been provided, no other
application that is substantially the same as the original application shall be filed within
one year from the date of denial or withdrawal. This prohibition may be waived by the
Village Council by permitting the withdrawal or denial without prejudice.
(a) Whenever it shall be made to appear to the Village Manager that it is in the public
that the said existing zoning districts or any regulations pertaining to them may be
of building permits therein.
(b) Any administrative order issued pursuant to subsection (a) shall be complied with
or superseded by order of the Village Council.
46
aaaw�=va�a a� va vaav vV usii Vai, YlaV V1V111 1J11K11 VKll
Council at the earliest practicable time, after reasonable notice by publication in a
hearing, the Council shall either amend the Comprehensive Plan master plan and
11 1Y ailluv 11V KlilVi1K111V114 .Li ,
the Council may continue the
,
,
--- i- _�—� �, �.�v v��vavaa v v • • " YY11K Yi1V ♦ 11aKLV
r �n��C to +n� e4��r� }� r� �i r��� ?ii �n�rrr ctii V
CiliiiGll ,
�n writing_to the Village Council for tho
..»11..11, .. 1aV vv KKY� 1Y V11K11 VV-
before the Village Council as soon as is reasonably practicable for the Council's
•
It II
YYii ♦ ai1K1 ♦ 1KKK1, 111111, VVL 1J171 -a 1.101
,
prohibiting the consideration by any Village department, Council or agency of any
, . Ki 1YY11... ,
said area.
(c) The procedure to be followed for this section, after the completion of the steps
(a) During the period of time that a petition for zoning district change or text
51
Sec. 30-7359. Site Plan review procedures.
(a) Purpose. Site Plan review is designed to achieve the following objectives:
(1) To insure that infrastructure (water, sewer, and roads) is in place at the time the
project is completed, as mandated by Florida's Growth Management law;
(2) To encourage logic, imagination, architectural compatibility, and variety in the
design process;
(3) To insure that projects are compatible, both aesthetically and functionally, with the
surrounding area;
(4) To promote excellence in urban design landscape design, and architecture; and
(5) To encourage Buildings that are consistent with the high quality environment
associated with the Village.
(6) To ensure that projects comply with these regulations.
(b) Applicability. Site Plan review shall be required for each Development activity that
is not located in a single Family,
Two -Family, GU Governmental or PROS Public Recreation and Open Space zoning
district;,, and that features:
(1) Any new construction on a vacant Lot (this applies to Lots that had Buildings that
have been demolished); or
(2) Any addition to an existing Structure that increases the Structure's square footage by
50 percent or more.
(c) Jurisdiction. The Village Council shall have jurisdiction regarding the disposition of
Site Plan review applications.
(d) Vote. The Village Council vote on proposed Site Plans shall follow a public hearing
where interested Persons can provide the Council with testimony and evidence.
52
(e) Time limit. The approval of a Site Plan shall automatically become null and void
unless the appropriate Development order, as defined in F.S. § 163.3164, has been issued
within 12 months of the date the resolution was approved by the Village Council. A
request for an extension of time, for a maximum of an additional 12 months, shall be
considered by the Village Council. Notice requirements for such requests are the same as
those that were used for the original application.
(f) Application forms. The Building, Zoning, and Planning Department shall provide
the applicant with all necessary application forms. A complete application shall include
the following:
(1) Existing site characteristics map. A certified property survey extending to the center
line of all adjacent Streets and alleys illustrating:
a. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography unless deemed unnecessary by the Village Building, Zoning,
and Planning Director.
b. Existing Buildings and other Structures, including Use, height, dimensions and
Setbacks.
c. Existing utility lines and Easements.
d. Lot lines.
(2) Site Development plan.
a. A scale drawing clearly illustrating proposed Buildings and other Structures, and any
existing Buildings and Structures which are to be retained, including Use, height,
dimensions and Setbacks.
b. Proposed off-street Parking spaces, driveways and sidewalks, including location,
construction material, dimensions and Setbacks. This shall demonstrate compliance with
Handicapped Accessibility Requirements and Chapter 52.11 of the South Florida
Building Code.
c. Proposed fences and Walls, including location, construction material, dimensions,
Setbacks and height.
d. Proposed utility lines and Easements.
e. Alignment of Miami -Dade County trafficways on property (if applicable).
f. Distance of existing Buildings on Adjacent Properties from property line.
53
g. Location of all existing and proposed fire hydrants and Siamese connections.
(3) Landscape plan.
a. A scale drawing clearly illustrating proposed trees, shrubs, grass and other vegetation,
including location, height, size and type of plant by both common and botanical
classifications.
b. Proposed berms, watercourses and other topographic features.
c. Method of irrigation.
d. Identification of Specimen Trees.
e. Site grading.
(4) Architectural plan.
a. A scale drawing clearly illustrating the building foot -prints, proposed floor plans and
elevations, including height, dimensions and color.
b. Proposed location and elevations of Signs, including height, dimensions, Setbacks,
construction material and color.
c. Floor plans at a scale of one -eighth inch = one foot, zero inches or larger for all floors
within any proposed structured parking facility illustrating columns and all other
obstructions to the movement of automobiles together with fully dimensioned driveway
and Parking space layouts.
(5) Tabular summary.
a. Total gross project acreage and net buildable land area
b. Total number of proposed fesidential Units, including characteristics by number of
bedrooms and bathrooms and total gross square footage.
c. Proposed Fesidentiel Ddensities, including both net and gross acre calculations on
both a Unit and Dwelling Unit and Hotel Room equivalent basis.
d. Proposed fleficesideatial Floor Area by type of Use and total gross square footage.
e. Percentage distribution of total gross project site, including areas proposed for
landscaped open space pervious and, impervious surfaces and Building coverage.
f. Number, size and ratio of off-street Parking spaces.
54
(6) Drainage plan. Unless the Village Engineer determines that major drainage
improvements are not feasible due to existing improvements on the property, Site Plan
submittals shall contain a separate paving and drainage sheet(s) containing the following:
a. Locations and size of all Buildings, roads, Parking Lots, driveways, green areas, and
other significant pervious and impervious areas.
b. Existing elevations at the center of proposed Structures as well as the proposed
finished floor elevations.
c. Sufficient elevations and calculations to show retention of storm water on the site in
accordance with the South Florida Building Code (&.F.B.C.), Section 1611.1 Plumbing
Chapter 11.
d. Exterior site elevations at the following locations:
1. Street crown at mid points of sides adjacent to Streets and at property lines extended
(or at intervals of 100 feet for sites with greater than 200 feet frontage).
2. Where the adjacent edge of pavement intersects the property lines extended.
3. Existing and proposed elevations at the intersections and midpoints of all property
lines and existing elevations ten feet outward from the midpoints of all non -frontage
lines.
e. Type and usage of Structures immediately adjacent to the site (residence, office
and the like).
f. Details of the proposed drainage system, including drainfield cross sections and
lengths, catch basin types and sizes, designated retention/detention area cross sections,
and the like.
g. Description of methods to be implemented during construction to mitigate adverse
quantity or quality impacts off -site.
h. In addition, the following may be required depending on the size and/or location of
the project:
1. Percolation test results if percolation of exfiltration systems are proposed.
2. A map of the area showing where runoff presently goes and size, location,
topography and land Use of off -site areas which drain through, onto, and from the
project.
55
(7) Pavement marking and traffic signage plan.
(8) Proof of Concurrency. All projects requiring Site Plan review, or Development of
(Regional impact review are required to provide proof of Concurrency, pursuant to the
Land Development Regulations, prior to the issuance of such Site Plan approval, or
Development of (Regional iImpact Development eOrder.
(9) Optional information. The following may be required, if deemed necessary by the
Building, Zoning, and Planning Director:
a. A map reflecting the general character and relationship of surrounding properties.
b. Block elevation sketches of the proposed Development.
c. Intended progressive stages or phasing of Development.
d. At the time of Site Plan approval of any Development which includes Structured
Parking, the Building, Zoning, and Planning Director may require designation of
specifically delineated dimensions between columns and/or other Structures. The
Building, Zoning, and Planning Director may further require that following construction
of footings and establishment of batter -boards for column construction at grade level, that
the Developer provide to the Building, Zoning, and Planning Director a sealed survey
establishing compliance with the previously designated critical dimensions.
e. Demonstration that the proposed Development will not adversely affect any
endangered or threatened plant or animal species, and will to the greatest extent possible,
protect natural areas, native species, potable water well -fields, and dune systems, and will
provide effective erosion control, and will protect against hazardous waste.
f. Site Plans shall to the greatest extent possible provide maximum clustering of
Buildings and impervious areas.
g. Site Plans shall to the greatest extent possible provide bicycle and pedestrian paths to
join residential Development with employment areas and commercial areas and shall
combine landscaping to the greatest extent possible with that of adjoining properties.
(g) Review criteria. In order to approve a project, the Village Council must find that it
is consistent with each of the below review criteria. The Council may require conditions
that are necessary to minimize any adverse impacts on Adjacent Properties.
(1) Natural environment. All proposed Development shall be designed in such a
manner as to preserve, perpetuate and improve the existing natural character of the site.
Existing trees and other landscape features shall, to the maximum extent possible, be
preserved in their natural state; and additional landscape features shall be provided to
enhance architectural features, to relate structural design to the site, aftd to conceal
unattractive Uses= and to improve the tree canopy in the Village. In all instances the
56
Village's tree protection, landscaping and all other applicable Regulations shall be fully
complied with as minimum standards.
(2) Open space. Adequate landscaped open space shall be provided which meets the
particular needs and demands of the proposed Development and all specific zoning
district requirements. Legal methods assuring the continued preservation and
maintenance of required open space shall be submitted to and approved by the Building,
Zoning and Planning Director and Village Attorney. The type and distribution of all open
space shall be determined by the character, intensity and anticipated residential or User
composition of the proposed Development.
a. Passive open spaces (those areas not planned for intensive activity) shall be arranged
as to enhance internal spatial relationships between proposed Structures, to provide
buffers between the project and adjacent less- o .e Uses, to facilitate pedestrian
movements within the Development, and to improve the overall visual quality of the site
and neighboring area.
b. Active open spaces (those areas containing activities such as playgrounds, tennis
courts, swimming pools and other active recreational facilities) shall be located so as to
permit easy Access to all residents or Users within a Development. Private recreational
facilities and activities within specific projects shall, wherever possible, complement,
rather than duplicate, nearby public recreational activities.
(3) Circulation and Parking. All circulation systems and Parking facilities within a
proposed Development shall be designed and located in such a manner as to comply with
the following:
a. A clearly defined vehicular circulation system shall be provided which allows free
movement within the proposed Development while discouraging excessive speeds and
reasonably accommodating pedestrian and bicycle traffic. Said systems shall be separated
or buffered insofar as practicable from pedestrian circulation systems. Pavement widths
and Access points to peripheral Streets shall be provided which adequately serve the
proposed Development and which are compatible and functional with circulation systems
outside the Development.
b. Whenever possible in proposed residential Developments, living Units should be
located on residential Streets or courts that are designed to discourage nonlocal through
traffic.
c. Off -Street Parking areas shall be provided which adequately accommodate maximum
vehicle storage demands for the proposed project and are located and designed in such a
manner so as to conveniently serve the Uses to which they are accessory and not create
incompatible visual relationships.
57
d. Safe and efficient Access to all areas of the proposed Development shall be provided
for emergency and service vehicles, as required by Chapter 52.11 of the South Florida
Building Code.
e. Sidewalks shall be provided as required by the Village Regulations.
f. Handicapped accessibility shall be provided as required by all applicable
regulations.
(4) Community services and utilities. All proposed Developments shall be designed and
located in such a manner as to insure the adequate provision, Use and compatibility of
necessary community services and utilities.
a. An adequate sanitary sewer collection system including all necessary extensions and
connections, shall be provided in accordance with Village standards for location and
design. Where necessitated by the size of the Development and/or by the unavailability of
Village treatment facilities, sanitary sewage treatment and disposal systems must be
provided in accordance with Village and State standards and Regulations.
b. An efficient solid waste collection system, including the provisions of an adequate
number of properly screened local receptacles in locations which afford maximum Use
and collection convenience, shall be provided in accordance with all applicable Village
standards.
c. A well designed internal system for fire protection, including the provisions of an
adequate number of properly located fire hydrants and an efficient Access arrangement
for emergency fire vehicles, shall be provided to insure the safety of all Persons within
the project.
(5) Building and other Structures. All Buildings and Structures proposed to be located
within a Development shall be oriented and designed in such a manner as to enhance,
rather than detract from, the overall quality of the site and its immediate environment.
The following guidelines shall be followed in the review and evaluation of all Buildings
and Structures:
a. Proposed Buildings and Structures shall be related harmoniously to the terrain, other
Buildings and the surrounding neighborhood, and shall not create through their location,
style, color or texture incompatible physical or visual relationships.
b. All Buildings and Structures shall be designed and oriented in a manner insuring
maximum privacy of Residential Uses and related activities both on the site being
developed and property adjacent thereto.
c. All permanent outdoor identification features which are intended to call attention to
proposed projects and/or Structures shall be designed and located in such a manner as to
be an integral part of the total project and/or structural design and shall not exceed a size
58
and scale necessary for the recognition from vehicles moving along adjacent Streets at
prescribed legal speeds.
(6) Level of service standards. For the purpose of the issuance of Development orders
and permits, the Village has adopted level of service standards for public facilities and
services which include roads, sanitary sewer, schools, solid waste, drainage, potable
water, and parks and recreation. All applicants are required to prove Concurrency
pursuant to the Land Development Regulations.
(7) Other requirements. Requirements and recommendations as provided in the Village
tree and landscape Regulations shall be observed as will the requirements of all
applicable standards and Regulations.
(h) Resolution. The resolution that memorializes the approval of a Site Plan shall be
recorded in the public records of Miami -Dade County at the applicant's expense. A copy
of the proof of recordation shall be submitted to the Building, Zoning, and Planning
Department prior to the issuance of any building permits.
(i) Building, Zoning and Planning Director recommendation for applications which are
considered by the Village Council. The Director of the Building, Zoning and Planning
Department shall provide the Village Council with a recommendation for each Site Plan
application that is considered by the Council.
(j) Order or notice of violation. When the Building, Zoning, and Planning Director
determines that an application is complete, prosecution of a violation shall be stayed until
the Village Council approves or denies an application which would remedy the violation.
If the Building, Zoning and Planning Director determines that a stay would imperil public
safety or property or otherwise create substantial risk of injury or would amount to a
public nuisance, a stay shall not be effective ice.
(k) Appeals. Judicial review of a decision made by the Village Council shall be to a
court of competent jurisdiction.
(1) Consideration of petitions after denial or withdrawal. When an application is denied
by the Village Council or withdrawn after public notice has been provided, no other
application that is substantially the same as the original application shall be filed within
one year from the date of denial or withdrawal. This prohibition may be waived by the
Village Council by permitting the withdrawal or denial to be without prejudice. Any
subsequent application that provides Setbacks, Density, or Parking spaces that vary ten
percent or more from the counts that were provided in the original application, shall be
determined to be a new application and not subject to provisions of this paragraph.
(m) Notification. Notification shall be pursuant to section 30-68 "Public Hearing and
Notice Requirements". Whenever notification to property owners is required, the
59
applicant making the request shall submit the following to the Building, Zoning, and
Planning Department:
(1) A list of the names and addresses of all property owners within the notification
distance that is required and a letter certifying as to the accuracy and completeness of the
list by a Licensed Professional Engineer, Licensed Architect, Licensed Landscaped
Architect, Licensed Real Estate Broker, Licensed Real Estate Appraiser, an attorney who
is a member of the Florida Bar, a Licensed Land Surveyor, or a Land Planner who is a
member of the American Institute of Certified Planners (AICP); and
(2) Two duplicate sets of self adhesive mailing labels containing the names and
addressees of property owners indicated on the certified list.
Sec. 30-84. Delegation.
When a provision of these Regulations requires the Village Manager, the
Building, Zoning, and Planning Director, a head of a department, or some other Village
officer or employee to do some act or perform some duty, it shall be construed to
authorize the Village Manager, the Building, Zoning, and Planning Director, head of a
department or other Village officer or employee to designate, delegate and authorize
subordinates to perform the required act or duty, unless the terms of the provision specify
otherwise.
ARTICLE V. SCHEDULE OF DISTRICT, USE, AND SETBACK
REGULATIONS
Sec. 30-100. Single Family and Two -Family districts.
(a) Purpose and Uses.
TABLE INSET:
District Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
These districts are
designed to protect the
character of Single
Family and Two -Family
homes and to regulate
VR, VE, and
IR Districts:
Single
Family
Dwelling
PS District:
Single
Family and
Two -Family
attached
Dwelling
None
Any Use that is
customarily
associated with
the Main
Permitted Use
(see section 30-
111).
Any Use not
listed as a Main
Permitted Use,
Conditional Use,
or Accessory
Use (see section
30-113).
Development within the
district as relates to
neighboring properties
and adjacent streets.
60
(b) Development Regulations.
TABLE INSET:
Regulation
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
PS
Parkside
Residential
Lot Frontage
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Lot Area
Minimum 7,500
sq. ft. or as
platted *
Maximum two
platted Lots as of
October 24,
2000 *
Minimum
10,000 sq. ft. or
as platted *
Maximum two
platted Lots as
of October 24,
2000 *
Minimum 10,000
sq. ft. or as
platted *
Maximum two
platted Lots as of
October 24,
2000 *
Minimum 7,500
sq. ft. or as
platted *
Maximum two
platted Lots as of
October 24,
2000 *
Minimum
Pervious
Area (% of
Lot)
30%
30%
30%
30%
Maximum Lot
Coverage
One Story residences, 45%
Multistory residences, 35%
.47
For new construction on vacant Lots and additions to existing buildings.
Maximum
Floor Area
Ratio (FAR)
the following shall apply:
Base FAR
.30 for Developments on one platted Lot in the VR and PS districts.
.36 for Developments in the VE and IR districts.
.13 for Developments on more than one platted Lot.
Notwithstanding the above, the base FAR for a One Story Home is .36.
Maximum FAR (See FAR bonus criteria)
.47 for Developments on one platted Lot.**
.35 for Developments on two platted Lots.**
Gross Floor
Area Ratio
.65
Gross floor area ratio calculation shall include Balconies, Porches, garages,
61
Carports, and all interior space that is air conditioned. In no instance shall
the Floor Area in the attic be included within this calculation.
* Platted as of the effective date of this section (October 24, 2000).
** Except where said platted lot was created by the resubdivision (through
platting or otherwise) of two or more platted lots, from and after October 10, 2006. Said
Any such newly created single lot shall be deemed to be two platted lots and limited to a
maximum base FAR of .35.
A Development may exceed the t
base FAR up to and limited by the maximum base FAR as set forth above,. subject to an
administrative determination by the Building, Zoning, and Planning Director that the
design meets one or more of the below FAR Bonus criteria identified below (FAR Bonus
Criteria).
The FAR bonuses, if any, must be listed on the Site Plan page and approved by
the plans reviewer and the Building, Zoning and Planning Director. No certificate of
occupancy or completion shall be issued unless the completed Development
includes each of the bonuses listed on the approved Site Plan.
VR and PS Districts: Designs that do not receive both bonuses 3 and 11 shall be
assigned a minus .10.
VE and IR Districts: Designs that do not receive bonus 11 shall be assigned a
minus .10.
TABLE INSET:
FAR Bonus Criteria
Base FAR Increase
1
Porch facing a Street which meets the
.00005 per sq. ft. of Floor Area to a
maximum of .03 FAR increase
following minimum standards: depth 4 ft
and length 8 ft., minimum Floor Area 120 sq.
ft., elevation shall not exceed the Base Flood
Elevation, steps setback 5 ft. from any
property line.
2
Open and unenclosed balconies located
above the first finished floor
.00005 per sq. ft. of Floor Area to a
maximum of .03 FAR increase
3
Front yard setback bonus d
.006 for every foot the Main Permitted
Use is setback less than 20 ft. to a
minimum of 15 ft.001 per Linear Foot
20 ft. from front line
Frontage of a Wall that is located
15 a of property
of
15 20 ft. from front lino
a property
(maximum .03)
62
4.
Garage or Carport containing two or more
vehicles parked parallel with an exterior
column separating each of the spaces
.x-.02
5.
Single Story Home
.03
6
Combination One and Two Story Home with
the second floor occupying less than 50
percent of the Floor Area of the first floor
under roof
.10
7.
Entrances to Parking garages:
Interior Lot: placed in a location that does
not face the Street.
02
.03
Corner Lot: entrance in a Side Yard
M3
.02
8.
All windows above the first floor facing an
adjacent Building which are -five ft. above
the finished floor
.01 per side
or if all Building Walls along the interior side
of a property do not have windows
.03 per home side
9.
Side Yard Setback which:
a. Exceeds the required Yard
.00005 per each sq. ft. to a maximum
of .03
b. Has a minimum 15 ft. Side Yard Setback
.03
10.
Rear yard setback bonusBiiibzli d
.003 For every foot the Main
Permitted Use is setback less than 20
ft. to a minimum of 15 ft.001 per
15 20 ft. the Lot line
linear foot of a Wall located 15 20 ft.
within of rear
from the line with a
rear property
maximum of .03
11.
VR and PS Districts: Structures that provide
a front Setback of less than 20 ft. which
.03
have a roof at least three ft. lower than the
roof of the main Structure
IR and VE Districts: A portion of the
Building having a length of at least ten ft.
with a Front Yard Setback that exceeds the
required 25 ft. Setback
.0002 per sq. ft., maximum .03
12.
Reduction in Building Height.
.006 per foot or fraction thereof with a
maximum of .03
13.
Reveals
.001 per sq. ft. with a .02 maximum
63
14.
Outside Moldings with a minimum width of
4 inches.
.0001 per linear ft. with a .02
maximum
(c) Building and Wall height.
(1) Maximum Building Height is 35 feet. The height of a Building shall be its overall
height measured from the Base Flood Elevation to the highest point of the Building roof
for Elevated Homes and from the crown of a road to the highest point of a roof for Non -
Elevated Homes. There shall be no limitation on the Number of Stories. Maximum
number of stories shall not exceed two (2) above the Base Flood Elevation; provided that
one (1) additional story is permitted subject to the following:
a. The maximum Floor Area shall not exceed 15% of the Floor Area of the Main
Permitted Use or 600 sq. ft. whichever is smaller.
b. The second story tie beam shall be no higher than 27 ft. above the Base Flood
Elevation.
(2) Maximum exterior Wall height, length, and elevation of the lowest floor.
a. The maximum exterior Wall height for a one Story Structure is 15 feet; however,
nothing herein shall prevent vaulted or clearstory Walls with a maximum height of 22.5
feet.
b. The maximum exterior Wall height is 22.5 feet above the Base Flood Elevation for
Elevated Homes and the lowest floor for Non -Elevated Homes.
c. The maximum Wall height may be increased at a ratio 8:12 (up to 27 ft. Wall height
), as the Wall is Setback from the minimum Setback line.
d. 25% of each entire exterior Wall shall have a setback that is at least 3 ft. greater than
the remaining portion of the Wall. Terraces, Balconies and/or Porches shall not be
counted in determining the length of the Wall.
e. Walls above 22.5 ft. shall have a minimum of 60% of the surface open.
f. If a Wall facing a yard exceeds 22.5 ft in height, an architectural feature that projects
at least 2 ft., but not more than 4 ft., from that Wall shall be placed at or below the 22.5
ft. elevation. The architectural feature shall extend around the entire structure if the
design permits this to occur.
g. The maximum elevation of the lowest finished floor shall be the Base Flood
Elevation.
(3) Maximum elevation of an entrance to the Main Permitted Use in the front or side
yard facing a street is the Base Flood Elevation.
64
(4) Exceptions to the maximum height requirements.
a. Chimneys, flag poles, belfries and ornamental towers: Ten feet above the highest
point of the roof. The floor area of the ornamental towers shall not exceed 25 sq. ft.
b. Mechanical equipment, HVAC, and elevators: Ten feet above the highest point of the
roof; and shall be completely screened from a view measured at the front property line on
the opposite side of the Street from the Structure, the . The Director may require a line -
of -sight study.
c. Each parapet shall not exceed three feet in height nor occupy
more than three square feet in area.
d. Railings and balustrades above the roof beam shall have a height of 42 inches and
shall be open at least 50%.
(d) Maximum Lot elevation and drainage.
(1) Generally. For the purpose of regulating Lot elevations there is hereby established
three zones. The "Front Zone" being the area between the Building and any adjacent
Street(s) but in no event being less than 15 feet from any Street(s). The "Rear Zone"
being the area from the Building to the interior and rear property line(s) (or to the
waterfront zone, if applicable) and to the back of the "Front Zone." The "Waterfront
Zone" being the entire area within 25 feet from any body of water.
(2) Height.
a. "Front Zone." When a Lot is filled for Development purposes the area delineated as
the front zone may not be filled to an elevation greater than two feet above the average
crown of road. However, the driveway grade shall not exceed 10% above the crown of
the road.
b. "Rear Zone." When a Lot is filled for Development purposes the area delineated as
the "Rear Zone" may not be filled to an elevation greater than 2 1/2 feet below the
established B.F.E.
c. "Waterfront Zone." When a Lot is filled for Development purposes the area
delineated as the "Waterfront Zone" may not be filled to an elevation greater than six
inches above the bulkhead; however in no instance shall the height of a bulkhead or Lot
be raised to a height that exceeds the maximum elevation as established in the "Rear
Zone".
65
e. Pools, pool Decks, Terraces. Pools, pool Decks and Terraces which are located in
compliance with the required Setbacks for all Structures and are above the height
restrictions established in subsection (2) are included in the Lot Coverage calculation.
f. Pools, pool Decks and Terraces which do not exceed height limitations as provided in
subsection (2) and the required Setbacks for all Structures are not included in the Lot
Coverage calculation.
(3). Grading and Drainage. Within any zone immediately adjacent to the property
line, a drainage swale shall be provided to capture the first inch of runoff. The slope to
the swale shall not exceed 14%. If the grading necessary to provide this swale results in a
grade above or below the adjacent property grades, a retaining structure shall be provided
as determined by the Building Official.
(e) Setback Regulations (minimum).
TABLE INSET:
VYard Village
Residential
Village
g
Estate
IR
Island
Residential
IR
island
(Waterfront)
PS
Parkside
Residential
Front
20 ft. *
25 ft.
25 ft.
25 ft.
20 ft. *
Rear
25 ft. *
25 ft. **
25 ft.
25 ft.
25 ft. *
Side,
interior
One Story new
Lots:
One Story:
All stories:
eefistFaetieft
One Story:
New
construction
of
addition: 7.5
15 ft.
New
addition: 7.5 ft.
construction or
New
Steifone
construction:_ e
addNew . 7.5
minimum
story
addition:
7.5 feet for an
addition: 7.5
ft
One Story with
or addition:
setback and
minimum
7.5 ft•
addition of a
sum of
setback and
The sum of
the Side Yard
Setbacks shal
net -be -less
than 30% of
the Lot.
side shall
second or
higher Story
which contain)
less than 50%
sum of
be 30 /0% o of lot
a second floor
sideyards
with but no
addition: sum
shall not be
sideyard shall
the Floor
of the
less than 30%
be required to
of
Area of the first
floor. * * * *
sideyards at
of the width
exceed 30 ft.
the second
of the Lot;
One
sma
Two
floor shall be
but, no
25% of Lot
sideyard shall
additions
stories or
more: The sum
the Sido
Width
be required to
follow the
exceed 30 ft.
existing
of
66
7.5 feet for an
addition of a
second or
higher Story
which contains
less than 50%
of the Floor
Area of the
first floor.
****
New
construction:
Two stories or
more: The sum
of the Side
Yard Setbacks
shall not be
less than 25%
of the width of
the Lot with
no Side Yard
less than 7.5
feet.
New
construction or
second floor
additions: Lots
with a lot
width of 100
ft. or more
shall have no
Sideyard less
than 15 ft.
building wall
setback.
Second story
additions shall
have a 15 ft.
setback.
7.5 feet for an
addition of a
second or
higher Story
which -contains
less than 50%
of the Floor
Area of the first
floor. * * *
Two stories or
more: The sum
of the Side
Yard Setbacks
shall -net -be -less
than 25% of the
width of the
Lot with no
Side Yard less
than 7.5 feet.
Waterfront
Lots: 15 ft.
One story
additions may
follow the
existing
building wall
setback.
Second story
additions
shall have a
15 ft. setback.
7.5 feet for an
addition of a
second or
higher Story
om
contains lece.
than 50% of
the Floor
A ,rsea o f tie
first floor.
****
Two stories
or more: Tho
rum oY thC
Side Yard
Setbacks -shall
not be less
than 25% of
the width of
the Lot with
no Side Yard
less than 7.5
feet
Yard Setbacks
shall -net -be -less
than 25% of tho
width of tho
Lot with no
Side Yard less
than 7.5 feet.
One Story new
construction or
one story
addition: 7.5 ft.
One Story with
a second floor
addition: sum
of the sideyards
at the second
floor shall be
25% of Lot
Width.
7.5 feet for an
addition of a
second or
higher Story
which contains
less than 50%
of the Floor
Area of the first
floor.
New
construction:
Two stories or
more: The sum
of the Side
Yard Setbacks
shall not be
less than 25%
of the width of
the Lot with no
Side Yard less
than 7.5 feet.
New
construction or
67
second floor
additions: Lots
with a lot width
of 100 ft. or
more shall have
no Sideyard
less than 15 ft.
Side
facing a
Street
15 ft.
15 ft. Same
15 ft. Same
15 ft.
15 ft.
as
as
interior side
interir Side
setback
setback
* Allowable 15 -foot Front and Rear Yard Setback subject to the requirements of the
table below. The 15 -foot rear Setback requires the installation of a dense landscape
screen with a height of at least ten feet at time of planting.
TABLE INSET:
Number of
Stones
Height of Wall
Wall Length
1
15 ft. * * *
40% of the width of the Lot
2 or more
22.5 ft.
34% of the width of the Lot
Garages
Shall provide a 20 ft. Setback if the entrance faces a Street; The elevation
facing the Street shall appear as an integral residential part of the Structure
including windows and finishes.
** Within the Village Estate District the following properties shall provide a Watery
rear Setback of 50 feet: 200--290 Harbor Drive.
* * * However, nothing herein shall prevent vaulted or clearstory Walls with a maximum
height of 22.5 feet.
* * * * For a tri-level home, the portion of the floor area associated with the half level shall
not count as part of the second story floor area.
(f) Permitted encroachments in Required Yards.
(1) Boat storage.
a. The term "boat" as used herein includes vessels and other watercraft, as defined in
F.S. § 327.02(36).
b. Boats less than 26 feet in length, not more than 96 inches in width and 13 feet six
inches in height (bottom of hull to the highest point on the boat including Towers and T
tops), may be stored in the VR, VE, IR, and PS zoning districts subject to all the
following conditions:
68
1. No more than one boat may be stored on any one Lot unless stored in an enclosed
garage; and
2. Boats and place of boat storage shall be kept in a clean, neat and presentable
condition; and
3. No major repairs or overhaul Work on or for a boat shall be made or performed on
the Lot; and
4. The boats shall not be used for living quarters, and shall be placed on and secured to a
transporting Trailer, however, nothing herein shall authorize the Parking of a Trailer on
any Lot without a boat. Personalized watercraft (jet ski, waverunner or similar watercraft)
as defined in F.S. § 327.39 are required to be placed on a Trailer pursuant to this section
(canoes as defined in F.S. § 327.02(3) are not required to be placed on a Trailer); and
5. Boats stored in a Yard that faces a Street shall comply with the following: The Trailer
wheels shall be placed on a hard paved surface and the boat shall be perpendicular to the
house.
(2) Decks, pools, and screen enclosures.
a. Decks shall provide a five-foot Setback to any Lot line; 0 feet Rear Yard Setback for
waterfront.
b. Decks and swimming pools shall not exceed a height greater than that allowed for the
Maximum Lot Elevation. If located outside of the required yard, the height shall not
exceed finished floor elevation.
c. Pools. Swimming pools, shall be subject to the following Setback limitations and
shall not exceed a height greater than that allowed for the Maximum Lot Elevation (see
subsection (21) for swimming pool equipment setbacks):
TABLE INSET:
Yard
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
(interior)
IR
Island
Residential
(waterfront)
PS
Parkside
Residential
Front
6.5 ft.
10 ft.
25 ft.
25 ft.
6.5 ft.
Rear
6.5 ft.
6.5 ft. *
6.5 ft.
6.5 ft. *
6.5 ft.
Side, interior
6.5 ft.
6.5 ft.
6.5 ft.
6.5 ft.
6.5 ft.
Side, Street
6.5 ft.
6.5 ft.
15 ft.
15 ft.
6.5 ft.
* Waterfront Lots shall provide a four -foot Setback.
The foregoing Setbacks shall be measured from the water's edge.
69
d. Screen enclosures. Where a screen enclosure is used to enclose a pool or other area of
a residence, it shall be limited in height to 22.5 feet and subject to the following Setback
limitations:
TABLE INSET:
Yard
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
(interior)
IR
Island
Residential
(waterfront)
PS
Parkside
Residential
Not permitted
except for
Porches
permitted
pFront
except for
Porches
Not permitted
except for
Porches
Not permitted
except for
Porches
Not permitted
except for
Porches
Rear
5 ft.
25 ft.
5 ft.
25 ft.
5 ft.
Side,
interior
5 ft.
5 ft.
7.5 ft.
15 ft.
5 ft.
Side,
Street
15 ft.
15 ft.
15 ft.
15 ft.
15 ft.
Notwithstanding the forgoing, the height of a screen enclosure shall not exceed 8.5 feet
above the Base Flood Elevation at the rear and side Setback, with a gradual transition
(8:12 ratio) to any greater height (up to the maximum height allowed).
(3) Docks and mooring piles.
a. General Regulations. No docking facility within the single family districts in the
Village of Key Biscayne shall be constructed without prior written approval by the
Village of Key Biscayne Building, Zoning and Planning Department. The Village
reserves the right to deny such permit for any docking facility which is determined, under
the criteria provided herein and by applicable law, to be detrimental to the equitable, safe,
and adequate navigation of all Waterways in the Village including Biscayne Bay.
1. All docks, davits, fenders, watercraft and mooring piles shall be set back a minimum
of ten feet from each side property line extended into any bodies of water.
2. No mooring pile shall have a height exceeding 13 feet above NGVD (National
Geodetic Vertical Datum) nor eaten into +moo s,ater\� ay „ ,a,�+„r„e ,, ore +�,a 25 Boot
•
3. All docks and mooring piles shall be constructed in accordance with Section D
•.
70
, . No more than two slips
shall be permitted per residence. Slip(s) which are occupied by a guest may be moored no
longer than 24 hours.
4. A tender shall not be considered as a watercraft.
5. No dock shall project within 50 ft. of a jetty -breakwater
6. No dock shall be within 25 ft. of a marked channel.
7. A boat lift may project from a dock within the applicable 45 or 60 degree triangle but
may not encroach the required 10 foot side yard setbacks. Lift arms may extend
beyond the applicable 45 or 60 degree triangle, but shall not extend beyond the
mooring piles.
8. The maximum height for a watercraft on a boat lift is such that the keel may be no
more than five (5) inches above the Mean High Water Level.
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t from a dock. Mooring
piles and Dolphins on Biscayne Bay shall not extend more than 25 feet from the
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9. Maximum Dock and Mooring Pile Extensions from a Property Line
a. Canal. No dock shall extend from a property line into any canal a distance greater
than 10 feet, or ten percent of the width of the waterway, whichever is less. No
mooring pile shall extend from a property line into any canal a distance greater than
25 feet or 20 percent of the canal width, whichever is less. The dock, watercraft and
any mooring pile shall fit within a 45 degree triangle.
CODIFIER INSERT CANAL 45 DEGREE TRIANGLE GRAPHIC
b. Hurricane Harbor and Smuggler's Cove. No dock shall extend from a property
line into Hurricane Harbor or Smuggler's Cove a distance greater than 20 feet or 10%
of the waterway, whichever is less. No mooring pile shall extend from a property line
into Hurricane Harbor or Smuggler's Cove a distance greater than 35 feet or 20
percent of the channel width, whichever is less. The dock, watercraft and any
71
mooring piles shall fit within a 45 degree triangle.
c. Biscayne Bay. No dock shall extend from a property line into Biscayne Bay a
distance greater than 40 feet. The dock and watercraft shall fit within a triangle with
60 degree angles along the base of the triangle. The baseline of the triangle shall not
exceed 100 feet. No mooring pile shall extend more than 20 feet from a dock and
may not extend more than 60 feet from the property line into Biscayne Bay. Mooring
piles are permitted outside of the 60 degree triangle.
610. Where the width of a waterway does not permit the placement of a dock or outer
mooring pile, fender mooring piles may be placed at a distance not to exceed 18 inches
from the bulkhead.
b. Specific Regulations. The following provisions shall apply only to those properties
located along Biscayne Bay at 200 through and including 398 Harbor Drive:
1. No dock shall extend from a property line into Biscayne Bay a distance greater than
40 feet. The dock shall fit within a triangle with 60 degree angles along the base of the
triangle as depicted below. The baseline of the triangle shall not exceed 100 feet.
GRAPHIC LINK:Click here
2. No mooring pile shall extend more than 20 feet from a dock and may not extend more
than 60 feet from the property line into Biscayne Bay. No more than two mooring piles
and one watercraft are permitted outside of the 60 degree triangle.
3. If the property line is a concave or convex arc, the projection of one side of the dock
may exceed the 40 -foot maximum by no more than six feet.
4. No more than one slip shall be permitted per residence. A watercraft owned by a
guest may be moored no longer than 24 hours within a slip.
5. No dock or mooring pile shall project within 60 feet of a breakwater.
6. A boat lift shall not encroach into the required ten -foot side yard setbacks. Lift arms
may extend beyond the 60 degree triangle, but shall not extend beyond the mooring piles.
7. The maximum height for a watercraft on a boat lift is such that the bottom of the
watercraft may be no more than six inches above the Mean High Water Level.
8. A watercraft shall not exceed a maximum of 50 feet in length overall (LOA).
9. The maximum distance between mooring piles shall be 50 feet, and the maximum
length of a dock running parallel to the property shall not exceed 50 feet.
72
(4) Driveway and Parking criteria. The following provisions shall apply to all single
Family and Two -Family Developments:
a. Points of Access. Except on a Corner Lot, all driveways shall be limited to two points
of connection at the intersecting Right -of -Way. On a Corner Lot, a third point of
connection shall be permitted so long as there are not more than two points of connection
along one Street.
b. Driveway material. All driveways shall be paved or covered with a hard surface such
as but not limited to concrete, pavers, bricks, tile, pea rock, gravel and similar materials,
but not asphalt. This paving requirement applies to the construction of new single Family
and Two -Family Homes on vacant Lots or any Work on existing homes which costs 50
percent or more of the assessed value of the property. Driveways, which are paved with
asphalt, are permitted to be retained unless the value of renovation Work exceeds 50
percent of the assessed value of the property. Aprons (edge of pavement to property line)
shall have the same finish as the driveway or asphalt; however, pea rock is not permitted.
c. Setbacks. All driveways shall be set back at least five feet from any side property
line. All circular driveways shall be set back at least two feet from any front and/or
property side Street property line. On Corner Lots, driveways shall be set back 15 feet
from the extended Right -of -Way Intersection.
d. Width. A maximum width of 24 feet is permitted for single Family and 36 feet for
Two -Family Homes for a Lot with 75 feet or less of frontage at the property line. For all
other Lots the width of a driveway or combination of driveways at the point of
intersection with the Right -of -Way shall not exceed the lesser of 36 feet or 32 percent of
the Lot's frontage, including side Street frontage on Corner Lots.
No Commercial Vehicle shall be parked or stored overnight except in a garage or
Carport; however one vehicle that is used for commercial purposes may be placed on the
property. A Sign measuring no more than three square feet may be placed on either side
of such vehicle.
(5) Fences and Walls.
a. Generally. For purposes of regulating perimeter fences and Walls, there is hereby
established three zones. The "Front Zone" being the area between any Building and the
adjacent Street(s) but in no event less than 15 feet from the Street, and the "Rear Zone"
being the area from the back of the Front Zone to the rear property line, or to the
waterfront zone (if applicable), and the "Waterfront Zone" being the entire area within 25
feet from any Waterway.
b. Maximum height.
73
1. Front Zone. The height of a fence or Wall between any Building and adjacent
Leo Lot line shall be 4* four feet as measured from the crown of the road,
except the Lot grade, and in no case greater than six feet above crown of road elevation.
Aarches, columns, gates and other ornamental entry features may extend to eight feet in
height.
2. Rear Zone. The maximum height of a fence or Wall is six feet measured from the
average elevation of the Lot but in no instance shall the height exceed eight feet when
measured from the Adjacent Property, except arches, columns, gates and other
ornamental entry features may extend to eight feet in height.
3. Waterfront Zone. Four feet measured from the elevation of the lowest point of the
Rear Yard.
4. Additional Front Zone Regulations.
a. Minimum setback is 2 ft. if a sidewalk is present, otherwise 0 ft.
b. Shall be at least 75% open
c. Perimeter Walls and wood fences facing a Street shall be screened with a hedge
that at time of planting shall have a minimum height of 24 inches and be planted 24
inches on center. Walls and chain link fences facing a street shall have a hedge that at
time of planting having a height equal to the height of the wall or chain link fence and
shall be planted on 30 inches on center
c. Fence and Wall finish materials and restrictions.
1. All Walls shall be finished on all side(s). Masonry Walls shall be stuccoed and
painted, except where adjacent and contiguous to an existing Wall or fence. The owner
shall provide documentation to the Building, Zoning and Planning Director that a good
faith effort was made to obtain the adjacent owner's approval to stucco or paint the fence
on the adjacent property.
2. Wood fences shall have the structural side of the fence facing the interior of the
property.-, unless a supervisory Variance is approved.
3. Chain link fences shall be coated with black or green finish materials. Chain link
fences associated with court games are permitted ifi pursuant to Section 30-100 (22).
subsection (21). Where permitted, chain link fences shall be coated with black or green
finish materials.
/1. Perimeter Walls and fences (including chain link) which face a Street shall bo
Chapter 21, "Public Rights of Way") except for Walls and wood fences which aro
74
4. Barbed wire and/or similar materials are not permitted.
(6) Front Yard encroachments.
a. Fountains: One with a maximum height of five feet occupying no more than 100
square feet with the following Setbacks: front, five feet; interior side, five feet; and side
facing a Street, ten feet.
b. Decorative in -ground reflecting pool: One with a maximum depth of one foot with
the following Setbacks: front, five feet; interior side, five feet; and side facing a Street,
ten feet.
c. Streetlight: Maximum height of ten feet and no limit on the Number.
d. Basketball pole or similar court games: Five feet from a side Lot line.
e. Sculpture or other Artistic Feature: one with a height of 5 ft. above Grade occupying
no more than 10 sq. ft.
(7) Gazebos and accessory Structures.
a. Maximum height: Ten feet Wall height above the Maximum Lot Elevation.
b. Location: Not permitted in the Front Yard.
c. Setbacks, Side Yard: Same as the Main Permitted Use. However, the required Rear
Yard Setback is ten feet.
d. Size: 200 square feet.
e. Construction materials: Limited to concrete, block, stucco, wood, and brick or similar
materials. Aluminum, sheet metal, fiberglass are prohibited.
f. Roof top Access: Prohibited.
g. Number: One.
h. Waterfront view corridor: No Structure shall be permitted within an isosceles triangle
with each side measuring 25 feet at the intersection of the rear and side Lot lines.
75
(8) Hedges. No height or Setback limitations, except for the line -of -sight requirements
contained in Chapter 21 of this Code.
(9) Heating, ventilation, and air conditioning equipment Setback Regulations. The use
and location of heating, ventilation, and air conditioning compressors and equipment
(HVAC)
are subject to the following Setback limitations:
TABLE INSET:
Yard
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
(interior)
IR
Island
Residential
(waterfront)
PS
Parkside
Residential
Front
10 ft.
Not
20 ft. Not
20 ft.
Not
20 ft.
Not
15 ft.
Not
Permitted
Permitted
Permitted
Permitted
Permitted
Rear
10 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Side,
interior
4ft.
4ft.
4ft.
lO ft.
4ft.
Side,
Street
10 ft.
Not
10 ft. Not
10 ft.
Not
10 ft.
Not
10 ft.
Not
Permitted
Permitted
Permitted
Permitted
Permitted
Additionally, HVAC compressors shall be installed on an acoustically soundproofed base
or ledge with a structural visual screen
around all open vertical sides of the
unit(s). The The acoustical screen shall extend at least one foot above the top of the
compressor and shall be painted the color of the house or duplex.
(10) Motor Homes and Trailers. No vehicle that has accommodations that permits it to
be inhabited overnight shall be permitted unless it is stored in a garage or Carport.
(11) Pavers and walkways in Side and Rear Yards.
The maximum width shall be 3.5 ft
with a minimum setback of 21/2 feet.
(12) Porches, Porte-Cocheres, and Carports/Carport Canopies Setback Regulations.
The following uses are permitted to encroach into Required Yards subject to the
following Setbacks:
TABLE INSET:
76
Use
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
PS
Parkside
Residential
Porches
10 ft. *
10 ft.
15 ft.
10 ft. *
Porte-Cocheres
10 ft.
10 ft.
15 ft.
10 ft.
Carports/Carport Canopies
10 ft. *
10 ft.
15 ft.
10 ft. *
* If a development has a Porch and a Carport, then one of these shall provide a 15 -foot
Setback.
The placement of the above uses in Required Yards are subject to the following height,
area, and design requirements:
a. Porches. The maximum width of any Porch or combination of Porches may not
exceed 60 percent of the Average Lot Width. The maximum Wall height of Porches shall
not exceed 14 feet above the maximum permitted Base Flood Elevation.
b. Carports and Porte-Cocheres which encroach into the principal Building Setback are
limited to 500 square feet in area and only one such encroachment is permitted per Street
frontage. The maximum height (to top of Structure) of Carport and Porte-Cochere
encroachments shall not exceed 14 feet above the maximum permitted Lot elevation.
c. Carports, Porches and Porte-Cocheres shall not form an integral part of the principal
roof Structure.
(13) Projections. The following Structures are permitted to project into a Required
Yard for a distance not to exceed 25 percent of said Yard with a maximum projection of
six feet: Awnings, balconies, bay windows (maximum width of ten feet), canopies,
chimneys, cornices, sills, walkways and other architectural features that the Building,
Zoning, and Planning Director has determined are consistent with this subsection. If
and landings are located in a required Side Yard, the maximum projection is 3.5 feet;
however the width of Side Yard at the location of the steps and landing shall be a
of Side Yard which faces the steps, then the side of the steps shall be enclosed with a
(14) Room additions to residential Structures and conversions of garages or Carports to
living space. Are permitted subject to the following:
a. Conversion of detached or attached garages, Carports or other Accessory Structures
for the purpose of creating living space shall be permitted only if the newly created living
space is consistent with FEMA requirements and the following standards.
77
b. If the required off-street Parking is deleted or rendered unusable by a conversion or
addition, it shall be replaced in a manner consistent with Article VII.
c. If the Building, Zoning, and Planning Director determines that the plans indicate that
future conversion may result in additional Dwelling Units not in compliance with these
Zoning and Land Development Regulations, the Director may deny the plans outright, or
may approve the plans with a requirement that the property owner file in the public
records of Miami -Dade County, a deed restriction in a form acceptable to the Village
Attorney, acknowledging the specific limitation as to the number of lawful Dwelling
Units and declaring an intent to comply with such limitations, as well as advising any
successor in interest of such binding limitations.
d. For purposes of this subsection, the floor space shall not:
1. be used as a separate Dwelling Unit;
2. have separate Cooking Facilities; but
3. may have a separate entrance so long as it (entrance) does not face a Street.
e. If a garage or Carport is converted to living space, all exterior work shall have the
same architectural style as the main residence.
(15) Steps in Front Yard. Steps in the Front Yard shall have a maximum width of ten
feet.
(16) Steps and landings. The following regulations shall apply to steps and landings.
Retaining Wall, required.
(a) Front Yard: shall have a maximum width of ten feet and setback a minimum
distance of 5 ft. from the front property liner
(b) Side Yard;: the maximum projection is 3.5 feet; however the width of Side Yard
at the location of the steps and landing shall be a minimum of four feet.
(c) Rear Yard: not to exceed six (6) ft. into the Required Yard.
(17)-a: Retaining Wall, required. A retaining Wall shall be provided it the fol owi g
instances: Any where any portion of a Lot that has an elevation of two feet or more
above the crown of the road and is adjacent to a non -elevated Building. (See Drainage
Sec. 30-100(3).
b. If a drain field is placed in the Front Yard.
(18.7) Roof roof overhangs and rooftop uses. Principal Building roofs in all single
Family districts shall adhere to the following Regulations:
78
a. Hip roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.
b. Gable end roofs shall be symmetrically pitched between 6:12 and 12:12 ratios. Profile
molded gables may be pitched to a 4:12 minimum ratio.
c. Flat roofs shall have a minimum Parapet height of one foot.
d. Shed Roofs shall have a minimum pitch of 3:12 ratio.
e. No portion of a roof, including the gutter shall be permitted to extend et
the -exterior Wal of A Building, more than 5 ft. into a Required Yard, nor may any
portion of a roof extend closer than 3 1/2 feet from any interior side pert-lifternor 2
1/2 feet from the front or side Street property Lot line.
f. When a scupper drainage system is used in connection with a flat roof, the scupper
cannot be located closer than 7 1/2 feet from any property line.
g. Recreational uses: No recreational facilities shall be permitted on the roof of any
Structure within the single Family zoning districts.
h. New pitched roofs shall not use gravel or tar except for the re -roofing or repairs of
existing areas.
(18) Satellite dish Telecommunication antennas. These antennas shall comply with the
following Regulations:
a. Shall not have a diameter or height that exceeds one yard meter.
b. Shall be placed in a location to minimize its view from any public Street. A line of
site study (antenna location to the sidewalk) shall be submitted for Building, Zoning, and
Planning Director approval.
c. Shall employ, to the maximum extent possible, materials and colors that blend with
the Building and surroundings.
(19) Sheds.
a. Maximum Height: 7.5 feet above the Maximum Lot Elevation.
b. Location: Not permitted in the Front Yard. Sheds are also not permitted in any Side
Yard facing a Street unless it is behind a Wall or landscaping that prevents the shed from
being seen from the road.
c. Setbacks: Side, 7.5 ft.; side facing a Street, 15 feet; rear, five feet. However, the side
and rear setback may be 2 ft. if a 5 foot fence, Wall, or dense hedge exists or is installed
at the time the shed is placed on the property.
79
d. Size: 100 square feet.
e. Roof top Access: Prohibited.
f. Number: One.
g. Waterfront view corridor: Waterfront properties shall provide the following: No
Structure shall be permitted within an isosceles triangle with each side measuring 25 feet
at the intersection of the rear and side Lot lines.
(20) Solar heating panels. All solar panels shall be visually screened from the adjacent
right(s)-of-way, or set into the roof so that the upper roof surface abuts the side or back of
the solar panel.
(21) Swimming pool pumps, heaters, and similar equipment. These uses are permitted
to encroach into Required Yards subject to the following Setbacks for Side Yards
measured from the swimming pool water's edge:
TABLE INSET:
Yard
V lla e
g
Residential
VE Village
g
Estate
IR
Island
Residential
(interior)
IR
Island
Residential
(waterfront)
PS
Parkside
Residential
Front
Not
permitted **
Not
permitted **
Not
permitted **
Not
permitted **
Not
permitted **
Rear
2ft.
2 ft.
0. if
waterfront
2ft.
2ft.
0 if waterfront
2ft.
Side,
interior
*
2ft.
2ft.
2ft.
2ft.
2ft.
Side,
Street
*
2 ft. if behind
an opaque
Wall,
otherwise not
permitted
2 ft. if behind
an opaque
Wall,
otherwise not
permitted
2 ft. if behind
an opaque
Wall,
otherwise not
permitted
2 ft. if behind
an opaque
Wall,
otherwise not
permitted
2 ft. if behind
an opaque
Wall,
otherwise not
permitted
* If the equipment is located in a Side Yard, landscaping shall be planted which obscures
views of said equipment. Additionally, where said equipment is located along any Street
frontage it must be visually screened from the public Right -of -Way.
80
* * If a pool is permitted pursuant to section 30-100(0(2), the equipment shall be at least
two feet from the side property line, but in no instance shall it be placed in a location that
allows it to be seen from the Street.
(22) Tennis court and similar court games. The following Regulations shall apply for
fences, lightpoles, or other Accessory Structures associated with court games excluding
basketball courts:
a. Front Yard or Side Yard facing a street: Not permitted.
b. Required Side and Rear Yard: Maximum height of fences shall be ten feet and fences
shall be set back 7.5 feet from the interior Side or Rear Yards. When the fence faces a
Street, the maximum height shall be ten feet and the fence shall be set back to the side
Building Line .
c. Accessory lighting fixtures, when customarily associated with the use of court games,
shall be Erected so as to direct light only upon the Premises on which they are located.
The maximum height of light fixtures shall not exceed ten feet when located in a
Required Yard; otherwise, the maximum height shall not exceed 20 feet. Light is not
permitted to be cast on any public Right -of -Way.
d. All chain link fences shall be coated with green or black materials.
e. Any play surface, whether paved or unpaved, when associated with said court games,
shall have the following minimum Required Yards: front and side when not facing a
street, fiettermitteEli interior side, 7.5 feet; afiy-side4acing a Street, 15 feet; rear, 7.5 feet.
Said surface shall be screened from a public right of way with landscaping of minimum
height of 30 inch at planting and 30 inches on center.
(23) Utility lines on private property. Developments on vacant Lots and additions and
rehabilitation Work where the value of Work exceeds 50 percent of the assessed value of
the Building, shall have all overhead utility lines (power, cable, telephone, etc.) placed
underground.
(24) Waterfront view corridor. No Structure shall be permitted within an isosceles
triangle with each side measuring 25 feet at the intersection of the rear and side Lot lines;
however, a hedge, Wall, or fence with a maximum height of four feet is permitted.
(25) Pzpe sofit enclosure: Pipes located below a ceiling that can be seen from a public
right of way shall be enclosed in a sofit.
(26) Garage facing a Street:
a. Lot width 80 ft. or less: No more than one (1) parking space in a garage
shall face the Street with a minimum 20 ft. front Setback.
81
b. Lot width greater than 80 ft. Garage doors shall not face a street. The
minimum required front Setback shall be 10 ft. The wall facing a street shall have
windows that match those in the Main Permitted Use.
(27) Railing Required. Whenever the Florida Building Code requires a railing, it shall
be at least 50% open.
(28) Balcony Regulations.
a. Railings or Walls shall be at least 50% open.
b. When facing a street, the minimum projection (depth) shall be 4 ft and
minimum length 8 ft.
(29) Generator Regulations.
a. Temporary or portable generators are not permitted on any multi-
family, condominium or townhome property.
b. Generators are not permitted in any yard that faces a Street.
c. Maximum decibel level for any generator is 60 db measured at the
property line as measured with a calibrated Sound Level Meter.
d. All generators shall be setback a minimum of five (5) feet from
any property line and must be completely screened on all sides by
the use of walls, fences, landscaping, or other material which
extends a minimum of 6" above the top of the generator.
e. The fuel source for all generators shall be limited to natural or
propane gas.
i. If natural gas is used as the fuel source for the generator, the
natural gas shall be provided through an underground line
connected to a supply at or within the public right-of-way.
ii. Propane gas shall be stored in propane gas storage tank(s).
Propane gas storage tank(s) shall be limited to 500 gallons or
less if placed above ground and 1,000 gallons or less if buried
underground. Such tank(s) shall be installed in accordance with
NFPA 58, as amended. When located in any yard facing a
street, propane gas storage tank(s) shall only be permitted to be
located below ground. When located above ground in the rear
or interior side yard, such tank(s) shall be installed on
structural slabs with the necessary wind uplift connections,
screened from view in accordance with subsection c. above,
and located a minimum of five feet from the adjacent Side
Property Line.
82
f. Generators that were permitted prior to the adoption of this Section
which produce a noise greater than 60 decibels measured at the
property line shall not be permitted to operate from 11:00 p.m. to
7:00 a.m. on any day of the week. The Building, Zoning and
Planning Director may grant an exception to the time limitations if
an occupant of the Building can provide a written statement from a
physician that includes the medical condition which requires the
residence to be air-conditioned.
(30) Light. All light emanating from a property shall be directed so as to be contained on
the property.
(g) Supplemental Use Regulations in single Family and PS Parkside residential
districts.
(1) Bed and Breakfast Inns. Bed and Breakfast Inns are allowed in single family homes
in the Single Family and PS Parkside residential districts $subject to the following
Rregulations:
a. It is located in an existing single Family Building with a Floor Area not exceeding
2,000 square feet and built prior to ctober 24, 2000);
b. The owner of the Bed and Breakfast Inn shall permanently reside in the Building;
c. The Structure shall maintain public rooms (living room/dining room) for use of the
guests;
d. There shall be no Cooking Facilities in guest rooms with the exception of a
microwave oven. One refrigerator with a maximum capacity of five cubic feet shall be
permitted in each guestroom;
e. Breakfast shall be the only meal served on the Premises and shall only be served to
registered guests. No other meals shall be provided. The room rate shall be inclusive of
meal if it is to be made Aavailable;
f. The entire Building shall be substantially rehabilitated and conform to the Florida
Building Code, these Regulations Code of the Village of Key Biscayne, and the Fire
Prevention and Life Safety Code on the date a certificate of use and Local Business Tax
Receipts are applied for;
g. One non -illuminated Building identification Sign is permitted. The Sign shall not
exceed one square foot and shall only be located on the Building;
h. The Building shall have central air conditioning;
83
i. The required off-street Parking shall be the same as for a single Family residence. The
Building, Zoning, and Planning Director may require additional Parking only if the single
Family character of the property is maintained with adequate landscaping and open
space. Tandem Parking is allowed. The Parking area shall have a hard surface as required
in section 30-180(f); and
j. These Regulations apply to those facilities, which may be operating, but without any
approval from the Village.
k. The Building, Zoning, and Planning Director may place conditions on this use to
ensure that it is compatible with surrounding properties.
(2) Community residential facilities.
a. Total Number of residents and/or day users is limited to six;
b. That the applicant must obtain a license from the State regulatory agency responsible
for the Regulation of such uses;
c. A certificate of use and ail Local Business Tax Receipt shall be required. No such
certificates shall be issued unless the Fire Department approves the issuance of said
certificates. The care provided at the facility shall be limited to personal care, shelter,
sustenance, and other support services. Residents and day clients shall be ambulatory;
and
d. The Building shall have central air conditioning.
(3) Day care facilities.
a. Total Number of children on the Premises at any given time, including those who
reside in the residence, shall not exceed six;
b. That the age of children, excluding those of the resident Family, shall not exceed 11
years of age;
c. That the applicant obtain a license from the State regulatory agency responsible for
the Regulation of such uses; and
d. A certificate of use, a Certificate of Occupancy, and a Local Business Tax Receipt
shall be required. No such certificates shall be issued unless the Fire Department
approves the issuance of said certificates.
84
e. If a swimming pool is present, fencing shall include a self -closing and locking gate,
42 inches high with vertical members every four inches on center surrounding the entire
pool.
days from the date this ordinance (October 21, 2000) is adopted. These
�^CLLtG'�J LTl vi
jg. Hours of operation shall be limited to 8:00 a.m.--7:00 p.m., Monday through Friday.
Day care facilities shall not be operated on national holidays.
(4) Home occupations.
a. Signage on the property or on watercraft is prohibited.
b. No customer may be permitted sued in the home or on the property.
c. Employees in the business are limited to full time residents of the Dwelling Unit.
d. The business requires a Village Local Business Tax Receipt (Restricted).
(h) Grand Bay Estate Development Regulations. The following Regulations shall apply
to this development consistent with the approved Site Plan:
(1) Setbacks.
TABLE INSET:
Regulation
Front (ft.)
Side,
Interior (ft.)
Side,
Facing
Street (ft.)
Rear (ft.)
Principal Building
20
5
5
20
Porches, Porte-Cocheres,
Carports/Canopies
10
10
10
10
Mechanical Equipment
10
3
10
10
Swimming Pool Pumps
and Equipment
10
3
10
10
Pool Decks
5
5
5
5
Swimming Pools
5
5
5
5
Screen Enclosures
20
5
15
5
Accessory Buildings
15
5
5
5
(2) Development Regulations.
85
TABLE INSET:
Regulation
Requirement
Regulation
Requirement
Minimum
Frontage
Lot
45 ft.
Maximum
Coverage
Lot
40%
Minimum Lot Area
6,000 sq. ft.
Maximum
Area Ratio
Floor
68
Minimum
Pervious Area
25%
(i) Grand Bay Villas Development Regulations. The following Regulations shall apply
to this development consistent with the approved Site Plan:
(1) Setbacks.
TABLE INSET:
Regulation
Front (ft.)
Side,
Interior (ft.)
Side, Facing
Street (ft.)
Rear
(ft.)
Principal
Building
20 ft. for 50% of
width of bldg.
10 ft. for
remainder
0 ft. one side
10 ft. one side
15 ft.
one
Story 15
ft'
two
Story 20
ft.
Porches, Porte-Cocheres,
Carports/Canopies
10 ft.
10 ft.
10 ft.
10 ft.
Mechanical Equipment
35 ft.
2 ft.
2 ft.
2 ft.
Swimming Pool Pumps
and Equipment
35 ft.
2 ft.
2 ft.
2 ft.
Pool Decks
35 ft.
2 ft.
2 ft.
2 ft.
Swimming Pools
35 ft.
5 ft.
10% of Lot
width, minimum 15
ft.
5 ft.
Screen Enclosures
20 ft.
4 ft., O ft. for
zero Lot line
sides
10 ft.
5 ft.
Accessory Buildings
10 ft.
5 ft.
5 ft.
5 ft.
(2) Development Regulations.
TABLE INSET:
86
Regulation
Requirement
Regulation
Requirement
Minimum
Frontage Coverage
Lot
50 ft.
Maximum
Lot
50%
Minimum Lot Area
5,000 sq. ft.
Maximum
Area Ratio
Floor
.80
.07 Porch
Main
Minimum
Pervious Area
20%
listed in Article 9. Single Family homes and Duplexes shall provide the following
(1) One shade tree shall be provided for every 1,875 square feet. All shade trees shall
of 1'I feet.
(2) In any Yard, which faces a Street, shrubs shall be provided at the ratio of 20 per tree,
planted at a minimum height of 21 inches. Hedges shall be planted 24 inches on center
, K1ava v1Sv11,
(3) When the Structure has a side Wall in exce:z of 35 feet in length, there shall be a
feet
(1) The area within five feet of a side Lot line that is also within 25 feet of the rear
Y1VtJVla� 1111V V11K11 VV NLKll{VV •.1Y11 K MVaavv,
(5) 1 For those portions of the Structure with a rear Setback of less than 25 feet, the area
a height of ten feet.
TABLE INSET:
Description
FAR
Applicability
The FAR Bonus Schedule is only applied to new
0
which .a oes riot mee4 i cr, � .+ ohal riot recut i a Gite
�'Z72�1TZT0� C11T�7�!'SCC1�lt1ZI�CT�'D'CCtrTl'I�.7TCG
having a FAR that exceeds .17.
N/A
FAR Range
Base FAR
PS and VR
Districts
One platted lot **
.30
87
4
4
1
4
4
A
A
li
ii
I
1
1
1
ii
1
IIN
11
es
41
1
1
1
1
1
1
1
iti
1
1
1
1
Ili
il
II
1
cli
4
4
1
1
11
11
1
1
Sec. 30-101. Commercial Districts.
C-1 Low Intensity Commercial District.
(a) Purpose and Uses.
TABLE INSET:
District Purpose
Main Permitted
Uses*
Conditional
Uses
Accessory
Uses
Prohibited
Uses
Bar
Commercial Uses
This district permits
the Development of
land in a low
1. Offices: No
individual or
multiple business
entity(ies) that are
intensity manner
affiliated can
Any Use not
and Uses that
occupy more than
listed as a
provide for the sale
10,000 sq. ft.
Service
Any Use that
Main
of goods and
Medical offices
Station
is customarily
Permitted
products that are
needed throughout
shall not exceed
10,000 sq. ft.
where the
primary use
associated
with the Main
Use,
Conditional
the entire Village.
on the site;
Permitted Uses
Use, or
2. Retail uses: No
Package
(See Sec. 30-
Accessory
The permitted uses
individual or
Store
111)
Use.
provide goods and
multiple business
(See Sec. 30 -
services that
primarily serve the
residents of the
Village.
entity(s) shall
occupy more than
10,000 sq. ft.*.
except for stores
whose principal
product is food for
consumption off the
premises.
113)
Antique furniture
that is at least 50
years old and the
resale of jewelry,
art, and furs.*
Personal Service
Uses
Restaurant (except
on parcels that
immediately abut a
single Family
district)
90
* If a Use is located immediately adjacent to a single Family district, then such Use shall
be closed after 6:00 p.m. Monday through Saturday. On Sunday, the hours of business are
limited to 9:00 a.m. through 1:00 p.m. These restrictions do not apply from Thanksgiving
through December 31 where the hours of operation shall be the same as the majority of
businesses in the Village.
(b) Development Regulations.
TABLE INSET:
Lots Area
Maximum
Number of
Stories
Floor Area Ratio (See FAR
Design Bonus Schedule)**
Lot
Coverage
Less than or = to
21,000 sq. ft.
3 stories not to
exceed 35 ft.
.20-.50
FAR may be increased to .55 by:
a. .025 if subterranean parking
garage receives the bonus and/or
b. .025 if a parking garage is
sited at least 50 ft. from a public
street.
35%
More than 21,000 less
than or = to 60,000 sq.
ft
3 stories not to
exceed 35 ft.
.20-.50
FAR may be increased to .55 by:
a. .025 if subterranean parking
garage receives the bonus and/or
b. .025 if a parking garage is
sited at least 50 ft. from a public
street.
35%
More than 60,000 but
less than 100,000 sq.
ft
3 stories not to
exceed 35 ft.
.20-.50
FAR may be increased to .55 by:
a. .025 if subterranean parking
garage receives the bonus and/or
b. .025 if a parking garage is
sited at least 50 ft. from a public
street.
35%
100,000 sq. ft. or
more
3 stories not to
exceed 35 ft.
.20-.50
FAR may be increased to .55 by:
a. .025 if subterranean parking
garage receives the bonus and/or
b. .025 if a parking garage is
sited at least 50 ft. from a public
street.
35%
91
*Lots must be adjacent to one another and have at least one lot line in common.
**The FAR Design Bonus Schedule is a range based on a minimum and a maximum.
(c) Setback Requirements.
TABLE INSET:
Street
Frontage
Side, Interior
Rear
0-5 ft. based on Site Plan Review
First and
for sideyard facing a street; 0-30
25 ft. facing Fernwood Rd., Village
second floor
ft. based on Site Plan Review for
Green Way or adjacent to single-family
shall be 10 ft.
interior sideyard.
district, 35 ft. if adjacent to land zoned
Third floor
If adjacent to land zoned
Institutional or adjacent to a park.
shall be greater
than 20 ft.
Institutional or adjacent to a
park, the sideyard setback is 35
ft.
0 ft. in all other situations.
(d) Floor Area Ratio Design Bonus Schedule.
TABLE INSET:
Design Criteria
How to Calculate Floor Area Ratio
Bonus
Maximum
FAR Bonus
a. 0.0005 per sq. ft. of window
1.Elevation facing a street
b. 0.0005 per linear ft. of stair width
a. First floor: zoning Code requires
c. 0.0003 per linear ft. of roof line
50%of elevation to be in windows.
providing the length of the roof
Bonus for additional windows.
element is not less that 25% of the
b. Steps in front of the storefront
length for the largest roof
a. 0.05
leading to the street
d. 0.0003 per linear ft. of wall recess
b. 0.05
c. Variation in vertical roof lines
or projection measured from the
c. 0.08
d. Variation in building wall plane
corner of the wall joint to corner wall
d. 0.08
e. Mansard or pitched roof facing a
joint of each recess or projected
e. 0.08
street
element
f. 0.02
f. Ornamental reveals, designs, or
e. 0.0003 per linear ft.
g. 0.02
trellis
f. 0.002 per sq. ft. of decorative
h. 0.08
g. Open balconies with 75% of each
element or trellis area
side having railings
g. 0.0001 per sq. ft. of balcony floor
h. Porch or covered terrace (not a
area
balcony)
h. 0.00003 per sq. ft. of porch or
terrace floor area
2. Courtyards and passageways to
interior
.000007 per sq. ft. of courtyard floor
public spaces
area
a. 0.07
a. Interior courtyards
b. Pedestrian Passageways to
. 000007 per sq. ft. of passageway floor
b. 0.07
interior courtyards. No pedestrian
area
92
passageway can be an interior
courtyard.
3. Clustering of Building(s): this
.05 per building, provided no
bonus is limited to projects that
individualo building floor area is less
occur on 60,000 sq. ft. or more of
than 35% of the largest building floor
.15
land.
area. Buildings may be connected by
roofed passageways.
4. Sites adjacent to a park that
provide an alternate route to
Route must provide two way traffic,
commercial >50% uses fronting on of
.10
Crandon Boulevard.
frontage, and if it connects to two
streets then easement to the Village.
5. Use
a. Automobile repair*
*All new auto repair uses shall agree
to a recorded development
a. .03 per auto repair bay; and/or
a. 0.09
restriction limiting the use of the
property for auto repair for a
minimum period of 10 years.
b. Service Station
b..02 per gasoline dispenser.
b. 0.08
6. Parking Garages
a. finished floor located below grade
in a garage that contains >50% of
the required parking spaces.
0.06 per foot or fraction thereof below
Grade
0.20
7.At Grade Parking Lots
0.025 when access is provided to an
adjacent parking lot
0.025
8. Landscaping: Providing more
landscaping than is required
a. 0.005 per shade tree
a. 0.05
a. Shade trees
b. 0.00005 per native shrub
b. 0.01
b. Native shrub
c. 0.00005 per sq. ft. of ground cover
c. 0.01
c. Ground cover
d. Planter boxes
d. 0.00005
d. 0.01
(e) Performance Standards (all items apply to uses in the C-1 District).
(1) Service Stations, automotive repair, detailing and washing.
a. All vehicle repair shall take place within a fully enclosed Building.
b. No windows or garage doors shall be placed within 100 feet of residentially zoned
property.
c. The overnight outdoor storage of vehicles is prohibited.
93
d. Detailing/car washing shall only be permitted in a Structure or under a permitted
Canopy. Canopies shall not be placed where they will interfere with on -site Parking or
traffic circulation nor visible from a street.
e. Air compressors shall be within a wholly enclosed building that prevents the
transmission of noise.
(2) Burglar alarm. The alarm bell or device shall not face residentially zoned property.
(3) Buffering and Screening: A decorative, opaque six-foot CBS Wall shall be placed
five feet from any property line adjacent to a street. The area between the property line
and the Wall shall have dense landscaping. The design of the Wall and the landscaping
shall be approved by the Building, Zoning, and Planning Director. The Director shall
determine if the Wall and landscaping provide an adequate buffer and screen between the
commercial uses and the adjacent properties. The Director may require that additional
trees be placed in the swale.
(4) Restaurants may offer alcoholic beverages for consumption on the premises if the
primary Use of the property is for the sale of meals. There shall be a printed menu and
food shall be available for the entire time the restaurant is open. Alcohol sales may occur
as long as the restaurant is open and food is available for consumption on the premises.
(5) The wall, which contains the main entrance into a business, shall have a minimum of
50 percent of the surface in windows and doors.
(6) Perimeter walls or fences that face a street shall be set back two feet from the lot
line.
(7) Commercial properties may provide two way access from Fernwood Road for
pedestrians, bicycles, and golf carts; however, the access shall be sited in a manner which
does not result in a direct route to Crandon Boulevard.
(8) If a roof deck contains parking spaces, it shall include an opaque 42 -inch high
parapet.
(9) Stores and offices shall provide a knee wall or bulkhead between 18 and 24 inches in
height.
(10) Buildings which are on sites that include more than one lot shall provide a covered
or uncovered passageway for every 200 linear feet of building facade.
(11) When stairs are provided from a building to a sidewalk, then the width of the stairs
shall not be less than ten feet.
(12) Parking Garages.
94
a. The exterior elevations of accessory parking structures shall be designed the
architecturally integrated with the exterior elevation.
b. Primary entrances to a parking structure shall not be located on the main facade of the
principal use which the parking structure serves.
c. Openings in parking structures shall be screened so that no cars, headlights, or light
fixtures are visible from surrounding uses. The size and proportions of openings shall be
compatible with neighboring buildings. Glazing, perforated metal panels, applied surface
elements, landscaping or combinations of these that are compatible with other materials
of the facade shall be used to screen openings.
d. Driveway and pedestrian entries to parking structures shall be integrated with the
ground level facade and shall include doors compatible with the design of the building.
(13) Buildings sited at the corner of two public streets shall provide a prominent corner
entrance to street level shops or lobby space.
(14) Flat roofs shall not be visible from the street or from any floor that contains
commercial or office uses. Pitched or mansard roofs shall not use tar, gravel, or asphalt
shingles or other similar products as determined by the Building, Zoning, and Planning
Director. Flat roofs of garages shall have a parapet or other opaque screening at least 36
inches high measured from the finished deck floor, to shield automobiles from public
view at the street level.
(15) Asphalt or other similar products as determined by the Building, Zoning, and
Planning Director shall not be on the surface of any floor that is considered as common
space which contains commercial or office uses.
(16) Common space such as, but not limited to, courtyards, plazas, and pedestrian
spaces shall be landscaped in accordance with the landscape standards for vehicular use
areas (See section 30-238), or hardscaped for use as plazas, courtyards, and pedestrian
passages integrated into the overall site layout and pedestrian circulation system. These
spaces may include architectural trellis work over at least 30 percent of the top deck area,
or treated with a combination of architectural and landscape elements to achieve a
screening effect.
(17) In Shopping Centers, facades which front on a street shall contain storefronts that
provide the main entrance into the place of business.
(18) All properties which have retail and/or office uses shall provide a bicycle rack or
racks which contain one bicycle space per 5 retail and/or office spaces. This shall apply
to all shopping centers which currently do not have bicycle racks as well as all existing
new shopping centers.
95
Sec. 30-102. GU Government Use District.
(a) GU Description. Upon the acquisition of ownership of or a long term lease (five
years or longer) of land by the Village, the Village Manager or designee shall indicate on
the Official Zoning Map that the zoning district designation for the property is GU,
Government Use.
(b) Purpose and Uses.
TABLE INSET:
District Purpose
Main Permitted
Uses
Conditional
Uses
Accessory
Uses
Prohibited
Uses
Governmental
Buildings and
Any Use not
This district is
facilities such as but
listed as a
designed to permit
not limited to
Any Use
Main
land owned by a
governmental
entity to be used
schools, offices, post
offices, parks, open
space, community
None
customarily
associated
with the Main
Permitted Use,
Conditional
for any public
centers, recreational
Permitted Use
Use, or
purpose and certain
buildings, police and
(See section
Accessory
limited private
fire stations.
30-111)
Use.
activities.
Recreational
activities as described
in subsection (e).
(See section
30-113)
(c) Development Regulations. Council shall use the following Development
Regulations:
TABLE INSET:
Floor
Area
Ratio
Maximum
Height
Lot
Coverage
Lot Area
Setback
.75
35 ft.
35%
No
minimum
5 ft., except where prior zoning
district has a more liberal setback
standard, which shall then apply
(d) Approval Process. Prior to establishing any new use of lands designated GU, the
Village shall conduct the following public hearing(s):
(1) The Village Council shall conduct a public hearing to determine the Use(s) to which
particular land purchased for Governmental Use may be put. The public hearing before
the Village Council shall be held upon at least 15 days' notice of the time and place of
such hearing published in a newspaper of general circulation in the Village. A courtesy
96
notice containing general information as to the date, time, and place of the hearing, the
property location and general nature of the proposed Use may be mailed to the property
owners of record within a radius of 300 feet of the property on which the facility will be
located, or such greater distance as the Village Manager may prescribe; provided,
however, that failure to mail or receive such courtesy notice shall not affect any action or
proceeding taken hereunder. To provide additional notice to the public, the property shall
be posted by a Sign or Signs indicating the action desired and the time and place of the
public hearing thereon.
(2) At the public hearing the Village Council shall consider the Use(s) to which the land
should be put, from the list of Uses in paragraph (b) above, considering among other
factors a recommendation by the Village Manager (if any), the public need therefore and
the existing land use pattern in the area. After considering these factors and any public
comment, the Village Council shall adopt a resolution establishing the Use(s) for the
property and take such action as is necessary to promote and protect the public health,
safety and welfare of the citizens and residents of the Village.
(3) If the Use(s) approved by the Village Council include the construction of any
Buildings or Structures on the property, the Village Council shall conduct another public
hearing prior to the commencement of any construction activity. That public hearing shall
be noticed in the same manner as the initial hearing described in subsection (d)(1) above.
At the public hearing the Village Council shall review and evaluate a detailed Site Plan
for the property, including all Buildings and improvements. At a minimum, the Site Plan
shall contain a schedule of development criteria as set forth in subsection (c) above. In its
review and approval, the Village Council shall apply the development regulations in
subsection (c) above, except that the Village Council may waive the regulations or any
part of the regulations in the interest of the public health, safety and welfare to provide
the facilities to serve the public. After considering the Site Plan, recommendations of the
Village Manager (if any) and public comment, the Village Council may by resolution
take such action as it deems necessary or appropriate to promote and protect the public
health, safety and welfare of the citizens and residents of the Village, including the
approval of the Site Plan with any modifications thereto.
(e) Permitted Recreational Activities. Subject to the approval of a Beach Management
Plan pursuant to subsection (f) and the supplementary regulations in subsection (g) the
activities as described below shall be considered Main Permitted Uses on lands within the
GU District which are seaward of the Erosion Control Line (as identified in Section 1.03
of the Village Charter) where such activities occur as ancillary and supportive of
principal uses conducted on the upland contiguous privately owned property.
TABLE INSET:
Type of Recreational Activities
Upland
Hotel
Upland
Private Beach
Club
Upland
Multi -Family
Residential
Use of lounges/chairs/umbrellas
Yes
Yes
Yes
97
Food and Beverage Service
Yes
Yes
No
Special Events 1
Yes
Yes
Yes
Use of Non -Motorized Vessels 2
Yes
Yes
No 3
1 Special Events shall be limited to the following: organized athletic events, meetings,
parties, weddings, fireworks displays, or professional film activities and shall be subject
to obtaining a Special Event Permit pursuant to section 17-5 of the Village Code.
2 Up to six non -motorized Vessels (as defined in Section 327.02(37), Florida Statutes)
shall be permitted for use in conjunction with and as accessory to hotels of at least 250
rooms or private beach clubs. They shall be operated only through an approved channel
authorized under section 4-32 of the Village Code, and shall be uniformly marked and
painted in a uniquely identifiable manner associated only with the hotel property or
private beach club. Additionally, except for an authorized rescue vessel approved under
subsection (g)(9) below, the use of motorized vessels is absolutely prohibited.
3 Nothing in this section shall be construed or interpreted to preclude individual Village
residents from the legal use and enjoyment of the public beach area, or deny or impair the
common law riparian rights of persons owning property which fronts the public beach
area, or to require that individual residents (including specifically residents within any
multifamily apartment building) obtain an approved Beach Management Plan for such
activities.
(f) Beach Management Plan Approval. As a condition to the establishment, use and
operation of any of the uses listed in subsection (e) above (except for Special Events
which require a Special Event Permit), a plan for the proposed use and operation (Beach
Management Plan) shall be submitted and approved by the Village. Except for the use of
lounges, chairs and umbrellas, all Beach Management Plans shall require the approval of
the Village Council after a public hearing noticed in accordance with section 30-68 of the
Village Code. Beach Management Plans for the use of lounges, chairs and umbrellas
shall be approved by the Village Manager. In the approval, the Village Manager or
Village Council must find that the proposed activity(ies) comply with the requirements of
this section and do not constitute a threat to public safety or welfare or constitute a danger
or impediment to the public beach area. The Village Council or the Village Manager shall
impose reasonable restrictions and conditions on the approval of the Beach Management
Plan in order to preserve the health, safety and welfare of the Village residents. Violation
of any provision of the approved Beach Management Plan automatically results in the
revocation the Beach Management Plan approval. Nothing in this section shall be
construed or interpreted to preclude individual Village residents from the legal use and
enjoyment of the public beach area, or deny or impair the common law riparian rights of
persons owning property which fronts the public beach area, or to require that individual
residents (including specifically residents within any multifamily apartment building)
obtain an approved Beach Management Plan for such activities.
98
(1) Beach Management Plan Application and Procedures. In a form provided by the
Village, all Beach Management Plans shall be submitted to the Village Manager and shall
contain the following information:
a. A detailed and dimensioned site plan depicting the type and location of all proposed
activity(ies), structures, garbage containers, storage areas and where the use of Vessels is
proposed, the proposed location of a channel to be approved by Village Council pursuant
to section 4-32 of the Village Code;
b. If applicable, the number of proposed Vessels;
c. Proposed hours of operation;
d. Proposed safety and emergency plans;
e. If applicable, storage, hours of use and method of fueling of an all terrain vehicle
authorized under subsection (g)(10) below;
f. Indemnity and Insurance (with Village as additional insured) in a form and amount
approved by Village Attorney;
g. Proof of ownership of adjacent upland property or written authorization from upland
property owner;
h. Application fee plus the annual inspection fee for the approved activity as established
by resolution pursuant to section 30-4 of the Village Code;
i. Any additional information as reasonably required by the Village Manager.
(g) Supplementary Regulations. The recreational activities identified in subsection (e)
shall be subject to the following restrictions:
(1) All activities shall be conducted as accessory to the adjacent contiguous upland
property.
(2) It is prohibited to conduct the sale or rental of any equipment or food and beverage
item associated with any permitted activity upon the public beach. The sale or rental shall
only be conducted upon the associated upland private property.
(3) None of the permitted activities shall be conducted or maintained outside of the
property area contained within the extension of the side lot lines of the upland property as
they extend seaward toward the waterline.
(4) Activities adjacent to the upland hotel and private beach club properties shall be
setback 20 feet from the adjacent property side lot lines as extended seaward toward the
waterline.
99
(5) Activities adjacent to the upland multi -family residential properties shall be setback
100 feet from the adjacent property side lot lines as extended seaward toward the
waterline.
(6) None of the permitted activities including the storage of any equipment shall be
maintained or conducted within five feet of the dune as defined pursuant to Section
161.54, Florida Statutes, or within 15 feet of the waterline, unless overnight storage on
the public beach is approved pursuant to a Beach Management Plan.
(7) Except for one corporate insignia, no larger than 20 square inches identifying the
applicant or the upland property owner, commercial advertising shall be prohibited on all
equipment associated with any approved activity.
(8) Except as approved pursuant to a Special Event Permit, hours of operation shall be
limited to between sunup and sundown each day and all equipment, furniture, and
temporary structures (if any) shall be removed from the public beach by sundown each
day unless overnight storage on the public beach is approved pursuant to a Beach
Management Plan. This limitation shall not apply to the use of chairs and lounges for
viewing fireworks displays on Independence Day or New Year's Eve.
(9) The use of non -motorized vessels shall be prohibited without the onsite provision of
one personal watercraft as defined in Section 327.02, Florida Statutes, maintained in
good working condition and available at all times for emergency rescue purposes. The
personal watercraft shall have a four stroke engine or best available technology, be
equipped with an operational marine radio or wireless phone, and shall satisfy all U.S.
Coast Guard safety requirements.
(10) Except for an unenclosed motorized all terrain vehicle approved pursuant to a
Beach Management Plan, it is prohibited to use or operate or to allow another to use or
operate upon, or along the public beach, or upon any beach or shoreline or waters
adjacent thereto, any motorized vehicle. The private use of an all terrain vehicle must be
limited in use to the loading and unloading of equipment permitted under an approved
Beach Management Plan. This prohibition shall not apply to any municipal, county or
state vehicle, or to any vehicle or equipment authorized by the Village to be used or
operated for a public purpose.
(11) Approval of a Beach Management Plan does not exempt user from adhering to all
local, state and federal statutes and regulations and requirements, including, but not
limited to, Article II "Local Business Tax Receipt" of Chapter 25 "Taxation" of the
Village Code.
(h) Change Upon Sale or Lease Expiration. Upon the sale (or expiration of a long term
lease) of GU land that was owned (or leased) by the Village, the Village Council shall
change the zoning district designation pursuant to the procedures established in this
section.
100
(i) Conflict. This section 30-102 shall be the exclusive regulation governing lands
designated GU, and to the extent that it conflicts with any other section of this chapter,
this section shall control.
Sec. 30-103. Hotel Resort District.
(a) Purpose and Uses.
TABLE INSET:
District Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district is
Any Use that is
Any Use not
designed to promote
customarily
listed as a Main
the Development of
ocean resort Hotels
and multiple Family
Hotel
Apartment
Building
None
associated with the
Main Permitted
Uses (See sec. 30-
Permitted Use,
Conditional Use,
or Accessory Use
residences.
111)
(See sec. 30-113)
(b) Development Regulations.
TABLE INSET:
Density
Maximum Lot
Height
Coverage
Minimum
Lot Area
Hotel 30 Units per acre
No Development shall exceed 350 Hotel
Units
Apartment Building 16 Units per acre
If a Development contains Hotel and
Apartment Units, then Lot area, which is
counted towards one Use, cannot be
counted towards another Use.
150 ft.
.40
The site shall be
subdivided as of the
date of this
ordinance.
TABLE INSET:
Setback
Floor Area Ratio
Front:
25 ft. + 5 ft. per floor above the
first floor but not to exceed 50 ft.
.40, however oceanfront and bayfront
Buildings that provide a 7.5 ft. dedicated
Easement on each side of the property from
the Street to the beach shall use the
following:
Side:
25 ft. minimum (however no
1 Story .40 4 Story 1.00 7 Story 1.60
101
portion of Building may extend
beyond a "building envelope"
formed by a prism the base of
which is formed by the Lot
boundaries and whose height is
defined by two base angles of 63
degrees each, * see sketch
below).
Side Setbacks shall be measured
from the dedicated Easement as
required in the Floor Area Ratio
calculation.
Rear:
25 ft. + 5 ft. per floor above the
first floor but not to exceed 50 ft.
2 Story .60 5 Story 1.20 8 Story 1.80
3 Story .80 6 Story 1.40 9 Story+ 2.00
The dedicated Easement shall be counted in
the Floor Area Ratio calculation. The
Easement shall be improved with
landscaping and a hard paved surface. The
improvements shall require approval by the
Building, Zoning, and Planning Director
prior to the issuance of a building permit
and must be installed prior to the issuance
of a certificate of occupancy.
GRAPHIC LINK:Click here for graphic
Sec. 30-104. Institutional District.
(a) Purpose and Uses.
TABLE INSET:
District
Pu ose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district is
intended to
permit uses that
provide a public
or semi-public
service.
Places of
worship
Village
Recreational
Facilities
Community
Residential
Facilities
Homes,
Any Use that is
customarily
associated with
the Main
Permitted Use
Day Care
Facilities
Meeting rooms
Schools
(See sec. 30-
111)
Any Use not listed
as a Main
Permitted Use,
Conditional Use,
or Accessory Use.
(See sec. 30-113
for other
prohibited Uses)
(b) Development Regulations.
TABLE INSET:
102
Setbacks
Maximum
Height
Floor
Area
Ratio
Lot
Coverage
New Construction
35 ft.
.25
35%
Front
50 ft.
Side, interior or facing a Street
25 ft.
Rear
50 ft.
Additions in Side and Rear Yards shall provide the same
Setback as the existing Building. Additions in the Front
Yard shall provide a 50 ft. Setback.
(c) Performance standards (items apply to Uses in the I District). Perimeter Walls or
fences that face a Street shall be set back two feet from the Lot line.
Sec. 30-105. Multiple Family districts.
(a) Purpose and Uses.
TABLE INSET:
District Purpose
Main Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
In Multiple
Family Districts:
Apartment
Buildings
These districts are
Duplex
Any Use that is
Any Use not
intended to permit
Townhomes
customarily
listed as a Main
the Development
and maintenance
of Multiple Family
In PUD
Districts:
The above Uses
None
associated with
the Main
Permitted Use
Permitted Use,
Conditional Use,
or Accessory
Buildings
and those Uses set
(See sec. 30-
Use. (See section
forth in a Site
111)
30-113)
Plan approved
prior to the
adoption of this
ordinance *
* Key Colony pursuant to the Site Plan as approved by Dade County.
Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council.
Both Developments are previously approved Developments of Regional Impact (see
notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the
Development rights of these two projects).
(b) Development Regulations.
103
TABLE INSET:
District
Maximum
Density
(Units per
net acre)
Maximum
Height
Floor Area Ratio
Lot
Coverage
RM-10
Low
Density
10
35 ft.
.30
.35
RM-16
Medium
Density
16
50 ft.
1 Story .30
3 Story .75
.30
2 Story .50
4 Story+ .80
RM-30
High
Density
30
150 ft.
.40
.40
If oceanfront/bay-front Buildings
provide a 7.5 ft. dedicated Easement
on each side of the property, which is
improved with a hard paved surface
from the Street to the beach, then the
below FAR's may be used:
1 Story .40
6 Story 1.40
2 Story .60
7 Story 1.60
3 Story .80
8 Story 1.80
4 Story 1.00
9+ Story 2.00
5 Story 1.20
PUD-1
Ocean
Club
*
*
*
*
PUD-2
Grand
Bay
*
*
*
*
PUD-3
Key
Colony
*
*
*
*
* Key Colony pursuant to the Site Plan as approved by Dade County.
Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council.
Both Developments are previously approved Developments of Regional Impact (see
104
notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the
Development rights of these two projects).
(c) Setback Regulations.
TABLE INSET:
District
Distance
Between
Bldgs.
Front
Side
Side Facing
a Street
Rear
RM-10
Low
Density
15 ft.
25 ft.
15 ft. minimum
50 ft. maximum
the sum of the Side
Yards must be >=
25% of Lot width
25 ft.
50 ft. maximum
the sum of the Side
Yards must be >=
25% of Lot width
25 ft.
RM-16
Medium
Density
30 ft.
25 ft.
20 ft.
20 ft.
25 ft.
RM-30
High
Density
50 ft.
25ft.+5
ft. per
floor
above the
first floor
but not to
exceed
50 ft.
25 ft. minimum
(however no portion
of Building may
extend beyond a
"building envelope"
formed by a prism
the base of which is
formed by the Lot
boundaries and
whose height is
defined by two base
angles of 63 degrees
each,
* see sketch
below).
25 ft. minimum
(however no portion
of Building may
extend beyond a
"building envelope"
formed by a prism
the base of which is
formed by the Lot
boundaries and
whose height is
defined by two base
angles of 63 degrees
each,
* see sketch
below).
25ft.+5
ft. per
floor
above the
first floor
but not to
exceed
75 ft.
PUD-1
Ocean
Club
*
*
*
*
*
PUD-2
Grand
Bay
*
*
*
*
*
PUD-3
Key
Colony
*
*
*
*
*
105
* Key Colony pursuant to the Site Plan as approved by Dade County.
Grand Bay and Ocean Club pursuant to the Site Plan as approved by the Village Council.
Both Developments are previously approved Developments of Regional Impact (see
notes pertaining to Future Land Use Map 1 and 2 of the master plan regarding the
Development rights of these two projects).
GRAPHIC LINK: Click here for graphic
(d) If a Building is damaged by a natural disaster or other casualty, the application of the
above Development Regulations shall not preclude the repair or reconstruction of any
Building or portion thereof; however, the repair and reconstruction work shall only occur
within the original building envelope and with the same or fewer number of Units than
existed prior to the natural disaster or other casualty.
(e) Performance standards (items apply to Uses in the RM-10 District). Perimeter Walls
or fences that face a Street shall be set back two feet from the Lot line.
Sec. 30-106. Office District.
0-1 Low Intensity Office District.
(a) Purpose and Uses.
TABLE INSET:
District Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district permits the
Development of land in
a low intensity manner
and Buildings which are
designed to be
compatible with
adjacent Residential
Uses.
Office
None
Any Use that is
customarily
associated with
the Main
Permitted Uses
(See sec. 30-
111)
Any Use not listed
as a Main
Permitted Use,
Conditional Use
or Accessory
Use.(See sec. 30-
113)
(b) Development Regulations.
TABLE INSET:
Setbacks
Maximum
Height
Floor
Area
Ratio
Lot
Coverage
Minimum Lot Area
Front 20
ft.
35 ft.
0.50
40%
12,500 sq. ft. or as subdivided as
of the date of the adoption of
this ordinance
Side, Interior
10 ft.
Side, Facing
Street 10
ft.
106
Rear
20 ft.
(c) Performance standards.
(1) Walls facing a Street shall include a minimum of 50 percent of the surface in
windows and doors.
(2) Walls facing residentially zoned property shall not have windows; however the
design of the Wall shall include architectural treatments that add visual interest such as
scoring, caps, columns, reveals, and similar architectural treatments. The design shall be
approved by the Building, Zoning, and Planning Director.
(3) For properties that front on Crandon Boulevard, the performance standards of the C-
1 Low Intensity Commercial District, subsection 30-101(e) shall apply.
(d) Burglar alarm. Shall not face residentially zoned property.
(e) Buffering and screening. A decorative, opaque six-foot CBS Wall shall be placed on
any property line that is adjacent to a residential district. There shall be a five-foot
Setback from the Wall. This area shall be landscaped with dense materials. The design of
the Wall and the landscaping shall be approved by the Building, Zoning, and Planning
Director. The Director shall determine if the Wall and landscaping provides an adequate
buffer and screen between the office Uses and the Adjacent Properties.
(f) Perimeter Walls and fences that face a Street shall be set back two feet from the Lot
line.
Sec. 30-107. Private Club.
(a) Purpose and Uses.
T-Alil.L,E INSET:
District Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district is
Any Use that is
Any Use not listed
designed to permit
Main
customarily
as a Main
non-commercial,
private facilities that
provide recreational
Permitted
Uses:
Private
None
associated with the
Main Permitted
Uses or
Permitted Use,
Conditional Use,
or Accessory Use
and social activities
for their members and
guests.
Club
Conditional Uses
(See sec. 30-111)
(See sec. 30-113)
(b) Development Regulations.
TABLE INSET:
107
Setbacks
Floor
Area
Ratio
Maximum
Height
Lot
Coverage
Front 50 ft.
Side 25 ft.
Rear
Bayfront 25 ft.
Oceanfront - No
encroachment into the
Coastal Construction Line
area is permitted.
• 15
35 ft.
.15
Lot Area
The site shall be
subdivided as of the
date of this
ordinance
See Lot Coverage def ion in Article II. Lot Coverage shall also include non -roofed
areas enclosed by Walls (excluding Building Walls) which exceed six feet in height. Lot
Coverage shall also include any boat storage facility (rack) which exceeds ten feet in
height when measured from the ground to the top of the uppermost boat. Additionally, an
increase of up to five percent of Lot Coverage is permitted for Gazebos, Porches, or
similar Structures.
(c) If a Building is damaged by a natural disaster or other casualty, the application of the
above Development Regulations shall not preclude the repair or reconstruction of any
Building or portion thereof; however, the repair and reconstruction work shall only occur
within the original building envelope and with the same or fewer number of Units than
existed prior to the natural disaster or other casualty.
(d) Site Plan review shall be required pursuant to these Regulations se . The
following criteria shall also be utilized for water and marina dependent Uses:
(1) Must have a minimum four -foot depth at mean low tide in the marina basin, canal
and Access channel, and direct Access to the intracoastal waterway (if applicable) or to
another dredged channel or area with a minimum of six feet clearance at mean low tide.
(2) Must be compatible with existing and surrounding land Uses and of sufficient size to
accommodate the specific project and the required Parking.
(3) Oceanfront property should preserve or improve traditional public shoreline Uses
and public Access to estuarine and coastal waters, preserve or enhance the quality of the
estuarine and coastal waters, water circulation, tidal flushing and light penetration, and
preserve archeological artifacts or zones and preserve or incorporate historic sites.
(4) Shall provide substantiation that the project is consistent with the purpose of the
zoning district.
(5) Shall demonstrate that the Development is compatible in terms of scale and Uses
with Adjacent Properties.
108
(6) Shall demonstrate that the impact on the infrastructure is consistent with the Level of
Service established in the master plan.
(7) Shall list the benefits to the community in terms of urban, economic, and cultural
impact.
(8) Construction or subsequent operation of any new or expanded marina shall not
destroy or degrade hammocks, pinelands, salt marshes, mangrove protection areas,
seagrass, hard bottom communities, or habitats used by endangered or threatened species,
unless approved by the appropriate regulatory agencies.
In making the above determinations, the Building, Zoning, and Planning Director may
require the applicant to provide documentation and studies supporting such findings. An
application for Site Plan review shall address each of the above criteria.
Sec. 30-108. PROS Public Recreation and Open Space District.
(a) Purpose and Uses. The PROS Public Recreation and Open Space Use District is an
alternative zoning district to the GU Government Use District, where the Village has
ownership or a long term lease (five years or more) of land and desires to use the land for
public recreation or open space purposes.
TABLE INSET:
District Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district is
Parks,
swimming
Any Use that is
Any Use not
designed to permit
pools and
customarily
listed as a Main
public non-
decks
associated with a
Permitted Use, or
commercial
Active and
None
Main Permitted
Accessory Use
recreational or open
passive
Use (See sec. 30-
(See sec. 30 -
space Uses
recreational
111)
113)
Uses
(b) Development Regulations. In approving development for lands designated PROS,
the Village Council shall use the following Development Regulations:
TABLE INSET:
Floor
Area
Ratio
Maximum
Height
Lot
Coverage
Lot Area
Setback
.75
20 ft.
15%
No
minimum
5 ft., except where prior zoning
district has a more liberal setback
standard, which shall then apply
109
(c) Approval Process. Prior to establishing any new use of lands that are designated
PROS, the Village shall conduct a public hearing or hearings pursuant to the procedures
set forth in section 30-102, GU Government Use District. Upon the sale (or expiration of
a long term lease) of PROS land that was owned (or leased) by the Village, the Village
Council shall change the zoning district designation pursuant to the procedures
established in section 30-102, GU Government Use District.
Sec. 30-109. Supplemental Setback Regulations.
General provisions:
(1) Determination of Yards. When the definitions of Yards do not clearly determine the
Front, Side or Rear Yard, the Building, Zoning, and Planning Director shall be guided by
the pattern of Development in the vicinity of the Lot and the platting of the Lots in
question in determining what is the applicable Yard.
(2) Double frontage Lots. The required Front Yard shall be provided on each Street
frontage. Unless provided for in these Regulations, Accessory Structures shall not be
provided for in either Yard.
(3) Private roads. The Setback shall be measured from the centerline of a private road.
Sec. 30-110. Allowable encroachments into Required Yards (all districts except
Single Family and PS Parkside Residential).
(a) Awnings.
(1) Commercial and Office Districts. Awnings facing a Right -of -Way must maintain a
Setback of at least 18 inches from the edge of pavement, and are subject to the approval
of the Building, Zoning, and Planning Director. The decision shall be based on the height
of the Awning, design, and relationship to the Building, sidewalk and intended Use of the
space beneath the Awning.
(2) All other districts except Single Family and PS Parkside Residential. Awnings shall
not project closer than three feet from any Lot line or have a total projection that exceeds
7.5 feet.
(b) Canopies. A Canopy shall be permitted to extend from an entrance door toward the
Street side of any Building. The Canopy may extend to within 18 inches of the edge of
pavement. Such canopies shall not exceed 15 feet in height and 12 feet in width or be
screened or enclosed in any manner and shall provide an unobstructed, clear space
between the grade and the bottom of the Canopy valance of at least seven feet. The
location of vertical supports for the Canopy shall be approved by the Engineering
Division.
(c) Carports. Not permitted.
110
(d) Decks and Screen Enclosures (whether or not associated with a pool) Setbacks.
TABLE INSET:
Front Setback
Side Facing a Street
Interior Side
Rear
Not permitted in
Front Yard
15 ft.
10 ft.
10 ft. non -oceanfront
Lots
0 ft. for oceanfront Lots
(e) Driveways and sidewalks on private property. Five feet from side or rear Lot line.
(f) Fences and Walls.
(1) Generally. For purposes of regulating perimeter fences and Walls, there is hereby
established three zones. The "Front Zone" being the area between any Building and the
adjacent Street(s), and the "Rear Zone" being the area from the back of the Front Zone to
the rear property line.
(2) Maximum height.
a. Front Zone. Except for arches, columns, gates and other ornamental entry features
which may extend to eight feet in height, the height between any Building and adjacent
Street(s) shall be limited to six feet measured from the crown of the road.
b. Rear Zone. Six feet from the average grade of the Lot or to the allowable height of a
permitted Wall on the contiguous Lot. The height, when measured from the grade of the
contiguous Lot is further limited to eight feet, except by mutual consent of the contiguous
Lot owners, the height may extend to four and one-half feet above BFE. For fences
associated with tennis courts and other court games the maximum height is set forth in
subsection (p) below.
c. Arches. May go up to nine and one-half feet in the Side Yard only.
(3) Finish. Fence and Wall finish materials and restrictions. The fence and Wall finish
materials and restrictions shall be the same as the Single Family and Two -Family
districts.
b. Rcar Zone. All concrete Walls must be finished -on the exterior face (stucco and
111
(4) Corner Line of sight triangle on private property. At a Street corner, the maximum
height of a Wall, fence, or landscaping is 2.5 feet measured 15 feet along the intersection
of property lines. Landscaping in this triangle is limited to shrubs.
(g) Hedges. No height limit except with regard to corner visibility where Regulations
listed in subsection (0(3) above.
(h) Lightpoles. 15 feet.
(i) Marine Structures. As set forth in section 30-100(0(3).
(j) Mechanical equipment. Air conditioning, water pumps, and similar equipment shall
be permitted in a Required Yard subject to the following:
(1) Not located in any Yard facing a Street.
(2) Provide a minimum five-foot Setback to the Lot line.
(3) Shall provide a solid acoustical screen at least one foot above the top of the air
conditioner compressor and along the sides. Perimeter Walls may be used as the
acoustical screen where the height of the Wall extends at least one foot above the
equipment.
(4) If located on a roof, the equipment shall be screened from view in a manner that a
Person standing on the sidewalk opposite the site cannot view the equipment.
(k) Parking facilities, at grade Lots and garages.
(1) At -grade Parking Lots with six or more spaces.
a. Required Setbacks:
TABLE INSET:
Parking Lot Width
(not the width of the lot)
Side or Rear Yard
Setback
Front Setback
50 ft. or less
5 ft.
5 ft.
More than 50 ft. but <= 200 ft.
5 ft.
7.5 ft.
More than 200 ft.
10 ft.
10 ft.
Sec. 30-111. Accessory Use Regulations.
(a) General provisions. Accessory Uses shall comply with the following general
provisions:
112
(1) They shall be located on the same Lot as the Main Permitted Use.
(2) They shall be incidental to and customarily associated with the Main Permitted Use.
In making this determination, the Building, Zoning, and Planning Director may require
the applicant to provide evidence that said Use meets this criteria.
(3) Off -Street Parking and loading spaces shall be considered as Accessory Uses in all
districts unless listed as a Main Permitted Use or Conditional Use.
(4) A Use other than those listed in this section may be considered as an Accessory Use
if it is customarily associated with one of the Main Permitted Uses and if the Building,
Zoning, and Planning Director finds that the Use complies with the below mandatory
criteria:
a. The Use complies with items (1) and (2) above;
b. The Use is consistent with the purpose of the Zoning District in which it is located;
c. That the necessary safeguards will be provided for the protection of surrounding
property, Persons and neighborhood values;
d. That the public health, safety and general welfare of the community will not be
materially and adversely affected; and
e. It is consistent with the master plan.
Appeal of the Building, Zoning, and Planning Director's decision pertaining to any
finding shall be to the Village Council as an appeal of an administrative decision.
(b) Accessory Uses in the Single Family and PS Parkside Residential District. See
section 30-100.
(c) Accessory Uses in the Commercial District.
(1) The storage of supplies or merchandise that are associated with the Main Permitted
Use.
(2) The assembly of prefabricated products that are sold or used on the Premises.
(d) Accessory Uses in the GU Government Use District. See subsection (a) above.
(e) Accessory Uses in the HR Hotel Resort District.
(1) Retail Uses sized to serve the needs of Hotel guests.
113
(2) Bars, restaurants, lounges, and recreational facilities sized to serve the needs of
Hotel guests and residents of the island.
(f) Accessory Uses in PUD Planned Unit Development Districts. Private Clubs
(membership to the Private Club may be open to the general public), restaurants, office,
Retail, recreational facilities, and similar Uses, provided such Uses have no direct Access
to the exterior of the Building and no exterior signage.
(g) Accessory Uses in the Institutional District. Schools, cafeterias, chapels, meeting
rooms, day care facilities, and special events.
(h) Accessory Uses in RM Multiple Family Districts. Recreation facilities and Private
Clubs (provided they are for the exclusive Use of residents and owners of the
Development and their guests, and are not open for general membership), restaurants,
office, Retail and similar Uses, provided such Uses have no direct Access to the exterior
of the Building and no exterior signage.
(i) Accessory Uses in the Office District. The storage of supplies that are associated
with the Main Permitted Use; Retail Uses directly serving the office Uses they are
associated with on the first occupied floor of the Building only and not to exceed 50
percent of the first floor area, exterior signage or exterior entrances directly into the
Retail Uses prohibited.
(j) Accessory Uses in the PC Private Club District. Shall include, but not be limited to
the following: club houses, marinas, dock master's office, social halls, meeting rooms,
Bars, dining rooms, card rooms, tennis courts, swimming pools, restaurants, Parking
facilities, docks, fixed or floating, breakwaters, boat Trailers, trailered boat storage, boat
ramp, outdoor dining, Gazebos, children's play area, sailing school, tennis school,
summer camp, exercise facilities, outdoor grill, fish cleaning tables, members' store,
mooring piles/buoys, a temporary overnight facility serving the needs of the club and
those that remain on their boats overnight and similar recreational facilities, maintenance
sheds, temporary Tents, marine fuel storage and sales, minor marine repairs, small boat
crane/hoist, marine pump -out station, small sailboat rack storage and security entrance
gate and Building.
(k) Accessory Uses in the PROS Public Recreation and Open Space District. See
subsection (a) above.
(1) Uses in districts not listed above. Review criteria listed in subsection (a) above shall
apply.
If a Use is not listed above, it may be permitted if the Building, Zoning, and Planning
Director finds it is consistent with the criteria listed in subsection (a) above.
Sec. 30-112. Supplemental Use Regulations.
(a) Alcoholic beverages. The Village shall use the Miami -Dade County Ordinance for
purposes of regulating the sale of alcoholic beverages, except that package stores shall be
114
permitted as a conditional use in the C-1 Low Intensity Commercial district as set forth in
Section 30-101; however, in no instance shall alcoholic beverages be offered for sale for
consumption on the Premises, except in bars, as incidental to restaurants, within 500 feet
of a place of worship, a school or from a parcel immediately adjacent to a single Family
district. The distance measurement shall be a straight line measured from the property
line where the establishment is located to the nearest point of the property line of the
school or place of worship. Grocery stores shall be limited to the sale of beer and wine
only for consumption off premises. No establishment, except for Hotel room service,
shall offer alcoholic beverages for consumption on or off the Premises between 2:00 a.m.
and 7:00 a.m. on any day of the week, except as permitted by an extended hours license
granted pursuant to the Conditional Use procedures set forth in section 30-72. However,
beer and wine may be sold, for off premises consumption only, 24 hours. The Village
Council may grant an extended hours license, to allow an establishment to offer alcoholic
beverages for consumption on or off the Premises as late as 4:50 a.m. In evaluating such
requests, the Village Council shall use the following criteria:
(1) The number of off-street Parking spaces;
(2) The amount and degree of law enforcement activities; and
(3) The impact on Adjacent Properties in terms of noise and traffic.
The Village Council may require, as a condition of granting an extended hours license,
conditions to mitigate the adverse impacts that such establishments have on Adjacent
Properties. The extended hours license is personal to the applicant and shall not be
transferred or assumed without the approval of the Village Council pursuant to the
Conditional Use procedures set forth in section 30-72. An extended hours license is
automatically renewed unless it is suspended by the Village Manager. Following the
suspension, the Village Council shall hold a public hearing to determine it should be
reinstated or revoked. The Village Manager's decision to suspend the extended hours
license must be based on a determination that the Use is harmful to the health, safety, and
welfare of the Village. The Council shall determine whether there is competent and
substantial evidence to support the decision of the Village Manager using the process for
an appeal of an administrative decision (See section 30-70). Prior to a decision to suspend
an extended hours license, the Police Chief shall submit a report and recommendation to
the Village Manager. The report shall address the criteria listed in subparagraphs (1)--(3)
above [sic].
The granting of an extended hours license is a privilege subject to revocation by the
Village Council at any time. As such, no Person may reasonably rely on a continuation of
the privilege.
(b) Amusement devices. Such as video games, pinball and similar mechanical devices,
as an Accessory Use subject to the following Regulations:
(1) Must be accessory to a Hotel.
115
(2) All devices shall be located inside a wholly enclosed Building and not visible from
any Street.
•
(1) It is located in an existing single Family Building with a Floor Area not exceeding
,VVV �JM K{A1V 1VVV 1411K VMlll V11V1 VV Y11V KVV4/Ma Vaa va aaaav va waaa�saavv9
,
guests;
(il) There shall be no Cooking Facilities in guest rooms with the exception of a
•
1 iV11KM• L{rL11K111� t/VKV, , �r..aaw �aav a aav a av ♦ �aavavaa
and Life Safety Code on the date a certificate of use and Occupational License aro
(7) One non illuminated Building identification Sign is permitted. The Sign shall not
e central air conditioning;
(9) The required off street Parking shall be the same as for a single Family residence.
in-sectio 30 i 80(f). aRa
•
these Regulations within 90 days from the date this ordinance is adopted. Thoso
(c4) Commercial and office Uses adjacent to residential districts. A six-foot perimeter
CBS Wall shall be placed on any property line between any commercial or office district
and an adjacent Single Family district or the PS Parkside Residential District. A three-
foot Setback shall be provided between the Wall and sidewalk when present. This
116
Setback area shall be landscaped to buffer the non-residential Development from the
residential Development. In addition, the Building, Zoning, and Planning Director may
require additional Street trees planted in the Right -of -Way for purposes of creating a
buffer.
(de) Communication Towers. It is the intent of the Village to regulate the installation of
Communication Towers so as to limit possible adverse economic, aesthetic, and safety
impacts from such installations, and thereby promote the health, safety, and general
welfare of the community. Consistent with this intention, Communication Towers are
permitted as follows:
(1) Monopole Towers are only permitted in RM-30 High Density Multiple Family
District, HR Hotel Resort District, the PUD Planned Unit Development Districts, and the
GU Government Use District subject to approval by the Village Council pursuant to the
Conditional Use procedures set forth in these Regulations section 30 72. The Tower(s)
shall only be mounted in a location or have screening that prevents them from being seen
from a public Right -of -Way. The finish on the Towers shall blend into the sky and the
color of the Building. Towers which are located below the parapet are permitted in the
above districts subject to approval by the Building, Zoning and Planning Director.
(2) The specific location which is proposed for the Tower must be necessary to provide
service to a particular geographical area;
(3) The Tower may not adversely affect the existing character of the surrounding area;
and
(4) Approval of the Tower will not be detrimental or injurious to the health, safety, and
general welfare of Persons working or residing within the vicinity of the site.
(f) Community residential facilities. These facilities shall be considered subject to the
Conditional Use procedures set forth in these Regulations section 30 72 and restricted to
those districts which list such Use as a Conditional Use subject to the following
restrictions:
(1) Restrictions as set forth below:
a. That the applicant must obtain a license from the State regulatory agency responsible
for the regulation of such uses;
b. A certificate of use and aft Business Tax Receipt shall be
required. No such certificates shall be issued unless the Fire Department approves the
issuance of said certificates; and
c. The care provided at the facility limited to personal care, shelter, sustenance, and
other support services. Residents and day clients shall be ambulatory;
117
(2) Site Plan Review approval as set forth in these Regulations section 30 80; and
(3) Density shall not exceed 16 Units per acre. If the Community Residential Facility is
located on property that contains several other Uses, then only the area that is directly
associated with the facility shall be used to determine density. For density purposes, two
beds equals one Unit, regardless of the Number of sleeping rooms.
(g) Day care facilities.
(1) Commercial, Institutional, Hotel Resort, and Planned Unit Development Districts:
Day care facilities are permitted in these districts subject to the restrictions below as
either Main Permitted Uses or Accessory Uses.
a. That the applicant obtain a license from the State regulatory agency responsible for
the regulation of such Uses; and
b. A certificate of use, a certificate of occupancy, and ai Business Tax Receipt
shall be required. No such certificates shall be issued unless the
Fire Department approves the issuance of said certificates.
(2) If a swimming pool is on the site, refer to section 30-110(f) above for fence
requirements.
•
(h) Height exemptions. The height Regulations as set forth in the zoning districts, shall
not apply to the following:
TABLE INSET:
(1) Airplane beacons
(14) Ornamental Towers and spires
(2) Belfries
(15) Stacks
(3) Communication Towers
(16) Steeples and domes
(4) Chimneys
(17) Smoke stacks
(5) Church spires
(18) Tanks
(6) Conveyors
(19) Roofs ( see subparagraph d. below)
(7) Cooling Towers
(20) Satellite dishes (see subparagraph (j) below)
(8) Cupolas
(21) Television antenna
(9) Elevator bulkheads
(22) Towers, decorative
118
(10) Fire Towers
(23) Water Towers
(11) Flag poles
(24) Lighting structures for Village recreation facilities
(12) Lofts
(25) Any other Structure that is similar to those listed above
(13) Monuments
The above listed exemptions are allowed, provided the following criteria are met:
a. The maximum height allowed in the district shall not be exceeded by more than 35
percent, except for the height of roofs, which shall be pursuant to subparagraph (4)
below, and except for lighting structures for Village recreational facilities (including
lighting for playing fields) which may have a height of up to 70 feet. The maximum Floor
Area of any of the rooftop Structures listed above is limited to ten percent of the roof area
of the entire Building. Equipment shall be screened in a manner that prevents it from
being seen from the Street. The Building, Zoning, and Planning Director may require a
line of sight study in order to make this determination.
b. Parapet Walls may exceed the permissible height limit provided that they shall not
extend more than five feet above the flat portion of the Building roof upon which they are
constructed.
c. Notwithstanding other provisions of these Regulations, the height of all Structures
shall be limited by the requirements of the Federal Aviation Administration and any
airport Regulations applicable to the Structure.
d. Principle Building roofs shall comply with the following requirements:
1. Hip roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.
2. Gable end roofs shall be symmetrically pitched between 6:12 and 12:12 ratios. Profile
molded gables may be pitched to a 4:12 minimum ratio.
3. Flat roofs shall have a minimum Parapet height of one foot.
4. Shed roofs shall have a minimum pitch of 3:12 ratio.
5. Roof overhang. No portion of a roof, including the gutter, shall be permitted to extend
more than five feet from the exterior Wall of a Building and not closer than 3.5 feet from
an interior side property line or 2.5 feet from any Wall facing a Street.
6. When a scupper drainage system is used, the scupper shall have a minimum 7.5 -foot
Setback from any Lot line.
(i) Home occupations in Single Family, RM Multiple Family Districts, and PUD
Planned Unit Development Districts. Are permitted subject to the following:
119
(1) Signage is prohibited;
(2) No customer may be permitted sefve4 in the home or on the property;
(3) Employees in the business are limited to full time residents of the Dwelling Unit;
and
(4) The business requires a Village Business Tax Receipt Occupational Licenso.
(j) Outdoor dining Regulations. Tables and chairs may be placed outside of a restaurant
on private property that is located on individual sites or within Shopping Centers. The
tables and chairs may be used for dining purposes as an accessory to an indoor restaurant
facility, subject to compliance with the following criteria:
(1) Tables and chairs shall not be placed in a manner that restricts direct pedestrian
Access along a 44 -inch wide pathway from the entrance of a Shopping Center to a
elevator or steps. Tables and chairs shall not be placed in a manner that violates The
Americans with Disabilities Act ("ADA");
(2) Furniture is limited to tables, chairs, and umbrellas;
(3) Signage is prohibited on outdoor furniture;
(4) The applicant shall submit evidence that the owner of the Shopping Center permits
Outdoor Dining Facilities on the Premises;
(5) Furniture which is composed of PVC, plastic, fiberglass, Formica, or similar
materials is prohibited;
(6) An Outdoor Dining Facility shall not require additional Parking;
(7) The Building, Zoning, and Planning Director may establish conditions as part of the
approved Site Plan. An appeal of the Director's decision shall be decided by the Village
Council;
(8) There shall be no outdoor music or amplification associated with the Outdoor Dining
Facilities.
(9) Tables and chairs that are not permanently attached to the floor shall be stored inside
the restaurant providing such service, when the restaurant is closed;
(10) Tables and chairs at each restaurant shall have a consistent design and color;
(11) Tables and chairs shall be located directly in front of the restaurant Unit served;
120
(12) The restaurant providing such Outdoor Dining Facility shall provide bathroom
facilities in accordance with the Settth Florida Building Code;
(13) Restaurants shall have any disposable tableware and accessories marked with its
trademark or indicia of ownership and shall be responsible for all litter within a 300 -foot
radius;
(14) All food preparation shall be from within the enclosed restaurant;
(15) Pass -through windows, take-out windows, or similar types of windows are not
permitted; and
(16) A Site Plan, accompanied by all pertinent data, shall be submitted to and approved
by the Village's Building, Zoning and Planning Department, Fire Department, and Police
Department. Such Site Plan shall be revocable at the will of the Village if any of the
criteria or conditions of approval are violated or if new Regulations are adopted by the
Village and not satisfied by the restaurant facility. Site Plans shall describe the location of
all furniture, lighting, and other related services and functions associated with the request
for approval.
(k) Room additions to residential Structures and conversions of garages or Carports to
living space. Are permitted subject to the following:
(1) Conversion of detached or attached garages, Carports or other Accessory Structures
for the purpose of creating living space shall be permitted only if the newly created living
space is consistent with FEMA requirements.
(2) If the required off-street Parking is deleted or rendered unusable by a conversion or
addition, it shall be replaced in a manner consistent with Article VII.
(3) If the Building, Zoning, and Planning Director determines that the plans indicate that
future conversion may result in additional Dwelling Units not in compliance with these
Zoning and Land Development Regulations, the Director may deny the plans outright, or
may approve the plans with a requirement that the property owner file in the public
records of Miami -Dade County, a deed restriction in a form acceptable to the Village
Attorney, acknowledging the specific limitation as to the number of lawful Dwelling
Units and declaring an intent to comply with such limitations, as well as advising any
successor in interest of such binding limitations.
(4) For purposes of this subsection, the floor space shall not:
a. be used as a separate Dwelling Unit;
b. have separate Cooking Facilities; but
c. may have a separate entrance so long as it (entrance) does not face a Street.
121
(5) If a garage or Carport is converted to living space, all exterior work shall have the
same architectural style as the main residence.
(1) Satellite dish antennas. Shall not have a diameter that exceeds one meter. Antennas
or dishes larger than one meter in the other districts shall comply with the following
requirements and may only be approved by the Village Council subject to the Conditional
Use procedures:
(1) Dishes shall be placed in a location to minimize its view from any Public Street. The
height shall not exceed 18 feet measured from the elevation of the roof to the highest
point of the dish at its maximum vertical extension. The Building, Zoning, and Planning
Director may place conditions on the location and require screening to achieve this
objective. Appeal of a Building, Zoning, and Planning Director's decision is to the
Village Council as an appeal of administrative decision;
(2) No part of the antenna shall be within 15 feet of a rear, or interior side property line
or within the waterfront view corridor (See section 30-100). It is not permitted within the
Front Yard, a Yard facing a Street;
(3) The dish shall employ, to the maximum extent possible, materials and colors that
blend with the surroundings;
(4) Poles shall be constructed in a manner that will not retain water (i.e. weep hoes or
filled with concrete); and
(5) The dish shall be sited in a manner that prevents them from being seen from the
Street. In order to make this determination, a line of site study shall be submitted to the
Building, Zoning, and Planning Director.
(m) Suites Hotel or suite Hotel Units. When a Hotel Unit contains Cooking Facilities it
shall be considered as a suite Hotel Unit and shall conform with the following:
(1) The Units shall only be permitted in new construction or in Buildings which have
been substantially rehabilitated or where the suites Hotel Units are part of a request for a
building permit that will result in the Building being substantially rehabilitated.
(2) Cooking Facilities shall be limited to one microwave oven. The Unit is further
limited to one five -cubic -foot refrigerator.
(3) The Building shall contain a registration desk and a lobby;
(4) The Building shall have central air conditioning or flush mounted Wall units;
(5) Except for Units on the ground floor, the Building shall not have unenclosed exterior
walkways that provide Access to the Units; and
122
(6) If a door is provided to a hallway or as a means of exit and entrance into the Unit
from the exterior of a Building, then it is considered as a separate Unit for purposes of
calculating Density.
(n) Vending Machines. Permitted as an Accessory Use if the machine(s) is located
inside a Building at least ten feet from a window that faces a Street or in a courtyard
when the machine(s) cannot be seen from a Street.
(o) Cabanas. A cabana shall not exceed 300 sq. ft. and shall not have 220 volt electrical
service. One (1) five (5) cubic foot refrigerator is permitted. Air conditioning is not
permitted.
Sec. 30-113. Prohibited Uses.
TABLE INSET:
Prohibited
Uses
If a Use is not specifically listed as a Main Permitted Use, Conditional Use,
or Accessory Use, then such Use is considered as a Prohibited Use and not
permitted anywhere in the Village. Specifically listed prohibited Uses
include the following:
(a) Any type of Adult Entertainment Establishment.
(b) Any Use that involves the sale of secondhand merchandise, except the resale of Antique
furniture that is at least 50 yrs. old and the resale of jewelry, art, or furs is permitted. Those
Uses which have merchandise that is at least 50 yrs. old may offer for sale other secondhand
merchandise if the inventory of said merchandise occupies less than 25 percent of the floor
space Occupied by the entire Use.
(c) Outdoor sale or storage of any merchandise except outdoor and Sidewalk Cafes as
permitted in section 30-111.
(d) Psychic Help Uses.
(e) Video arcade, pinball and similar mechanical and/or electrical game machines as a Main
Permitted Use.
(f) The overnight outdoor Parking or storage of any vehicle with signage indicating a
commercial business within 125 feet of any Street. Further, overnight outdoor Parking or
storage of Commercial Vehicles for businesses not located on the property, is prohibited in
any outdoor lot.
(g) Any other Use that the Building, Zoning, and Planning Director has determined to be
inconsistent with the master plan or the district in which such Use is intended to be located.
123
An appeal of the Director's decision shall be considered as an appeal of an administrative
decision. Such appeals shall follow the procedures set forth in section 30-70 "Appeals of
Administrative Decisions".
(h) Drive through facilities, except when associated with a bank.
ARTICLE VI. CONCURRENCY MANAGEMENT
Sec. 30-160. Purpose.
The purpose of this article is to ensure that the infrastructure necessary to serve
new Development is Available concurrently with the impacts of that new Development.
Impact is measured against the adopted minimum acceptable levels of service with
respect to: (a) roads, (b) sanitary sewer, (c) solid waste, (d) drainage, (e) potable water
(f) schools, and (gf) parks and open space.
Sec. 30-161. Application for Concurrency Determination.
(a) Concurrency application. All building Development permit applications shall also
be treated as applications for a Concurrency Determination under this article.
(b) In the course of reviewing the application, the Building, Zoning, and Planning
Director or designee, shall determine the following:
(1) Whether the necessary facilities are in place and the Village's level of service
standards are met at the time that a Development permit is issued, or that such permit will
be conditioned upon the necessary facilities being in place and the level of service
standards being met prior to the issuance of a certificate of occupancy; or
(2) Whether the necessary facilities are under construction at the time a permit is issued
or that there is a binding contract for the construction of such facilities at the time of
permit issuance; or
(3) Whether the necessary facilities are included in the Village's approved annual budget
at the time of permit issuance; or
(4) Whether the Development has vested rights determined pursuant to the provisions of
this article.
Sec. 30-162. Determination of vested rights.
(a) The following procedures are established for the request for a determination of
vested rights as to the need to meet the Concurrency requirements of this article.
124
(1) A request for exemption from the Concurrency requirements of this article based
upon vested rights shall be submitted to the Village Council in a form provided by the
Department. The request shall be accompanied by copies of any contracts, letters,
appraisals, reports or other documents or items upon which the claim is based.
(2) The following criteria shall be used in connection with a request for determination of
vested rights:
a. Is there a valid, unexpired act of the Village that authorized Development and have
expenditures or obligations been made or incurred in reliance thereon?
b. Has the property owner dedicated Right -of -Way and/or constructed and/or funded
roadway improvements directly related to the Development for which the claim of vested
rights is requested?
c. Has the property owner made on -site infrastructure improvements (e.g., water or
sewer systems) directly related to the Development for which the claim of vested rights is
requested?
(b) The Village Council shall determine whether the project has vested rights. The
Village Council or Manager may require the submission of additional information that
will assist in the determination of Concurrency.
Sec. 30-163. Level of service standards.
For the purpose of Concurrency Determinations, the Village has adopted a mastef
Comprehensive elan that provides the Level of Service Standards (LOS) for public
facilities and services: roads, sanitary sewer, schools, solid waste, drainage, potable
water, and parks and recreation. All Developments that are subject to a finding of
Concurrency must be consistent with these standards.
Sec. 30-164. Exemptions.
(a) Exemptions. The following shall be exempt from the provisions of this article:
(1) Construction, rehabilitation or expansion of a Single Family Dwelling or Two -
Family Dwelling on one parcel;
(2) Permits for Accessory Structures to existing residential Structures;
(3) Maintenance, renewal, improvement or alteration of any Structure where the work
affects only the interior or color of the Structure or the decoration of the exterior of the
Structure;
(4) Change in the Use of Land or Structures to another Use permitted within the same
zoning district that is consistent with the master plan, and within the same group
125
occupancy categories as defined by the geoth Florida Building Code, only if there is no
expansion of the Structure; and
(5) Any Development order consistent with an approved Development of Regional
Impact (DRI) pursuant to Florida Statutes.
(6) Any new construction that results in a reduction in square footage or density.
Sec. 30-165. Failure to establish Concurrency.
No building permit shall be issued unless:
(1) The Building, Zoning, and Planning Director or designee determines, pursuant to
section 30-161, that all LOS have been met;
(2) The Village Council has made a vested rights determination pursuant to section 30-
162; or
(3) The Development is subject to one of the exemptions listed in section 30-164.
Sec. 30-166. Appeal.
An appeal of any determination made with regard to this article shall be
considered as an appeal of an administrative decision.
ARTICLE VII. OFF-STREET PARKING AND LOADING
Sec. 30-180. Off -Street Parking required.
(a) Every Building, Use or Structure instituted or Erected after January 1, 2000, shall be
provided with off-street Parking facilities in accordance with the provisions of this article
for the use of occupants, employees, visitors and/or patrons.
(b) Off -Street Parking facilities required by this article shall be maintained and
continued as long as the Use giving rise to the requirement is continued.
(c) The sale or transfer of the required Parking spaces without establishing alternative
vehicle Parking facilities in accordance with this article is prohibited.
(d) Those single Family homes that do not have driveways on the date of adoption of
this ordinance must come into compliance at such time as they make modifications to the
property having a value greater than or equal to ten percent of the assessed value of the
Building.
Sec. 30-181. Location, character and size of required Parking spaces.
(a) The off-street Parking facilities required by this article shall be located on the same
Lot or parcel of land that the Use they are intended to serve is on.
126
(b) Parking stall and aisle dimensions.
TABLE INSET:
Orientation to aisle
45 Degrees
60 Degrees
75 Degrees
90 Degrees
Stall width
12'
10'
9'
9'
Stall length
26.5'
23'
20'
18'
Aisle width
12'
17'
21'
22'
Bumper overhang
1.8'
2.2'
2.4'
2.5'
(c) Access to a Street. Each individual Parking space shall be directly accessible from a
Street or from an aisle or driveway leading to a Street according to the minimum
dimensions specified in subparagraph (b) above; however, single Family homes,
Duplexes and Townhomes may have tandem spaces.
(d) Striping. The required off-street Parking facilities for all Development, excluding
single Family and Duplex, shall be painted with paint strips in accordance with the
Building, Zoning, and Planning Director's requirements.
(e) Parking Lot aisles in Lots that contain 50 or more spaces shall be numbered. Aisles
in Lots that exist prior to the effective date of this ordinance shall be numbered when the
Parking Lot is resealed.
(f) Surface material. All off-street Parking facilities including Access aisles, driveways,
aprons on the Right -of -Way (from the driveway to the Street) shall be surfaced with a
hard dust free material (such as asphalt, brick paver, poured or stamped concrete or other
similar material) and maintained in a smooth well -graded condition. There shall be an
exception to this requirement allowed for up to 50 percent of the required Parking for
churches and other places of worship.
(g) Drainage for all off-street Parking facilities shall meet the requirements of the
Metropolitan Miami -Dade County Planning, Development, and Regulation Landscape
Manual.
(h) Lighting shall be arranged and designed to prevent glare or excessive light on
Adjacent Property and shall not exceed 0.5 footcandles.
(i) A Site Plan shall be submitted with every application for a building permit for any
Use or Structure which is required to provide off-street Parking facilities. The Site Plan
shall designate the required Parking spaces, Access aisles, driveways and the relation to
Uses or Structures which the off-street Parking facilities are intended to serve.
(j) The minimum required width of Parking spaces which are adjacent to a Wall or other
solid obstruction shall be 10.5 feet.
127
(k) Maximum ramp angles for driveway Access to above grade and/or below grade
Parking Structures shall be subject to approval by the Chief Building Official.
(1) All Parking spaces shall have concrete car stops (6 feet long) or curbing, except for
tandem spaces and Parking spaces in single Family and Duplex.
(m) Head-in/back-out Parking. Parking stalls shall not have direct Access from or to a
Public Street or public alley; provided, however, vehicular Parking stalls may have direct
Access from and to a Public Street when serving a one -Family residence, Duplex, or
Townhome.
(n) Curb cuts. All curb cuts shall conform to the design and construction standards
required by the Public Works Supervisor.
(o) Handicap Parking spaces. These spaces may be counted towards the required
Parking calculation and designed in accordance with the Americans with Disabilities Act,
as amended.
(p) Tandem Parking spaces. Single Family homes, Duplexes, and Townhomes may have
required Parking spaces where vehicles are parked in front or in back of each other as
long as one vehicle has direct Access to a Street.
(q) Setback for parking garages in single Family homes. A 20 -foot Setback from the
garage door to a property line.
Sec. 30-182. Joint Use of Parking facilities.
Parking facilities may be utilized by two or more Buildings or Uses provided that:
(1) The total of such shared Parking spaces shall not be less than the sum of the
requirements of the several individual Uses when computed separately.
(2) A covenant running with the land shall be prepared for the purpose of insuring that
the required Parking is provided and available at all times. The Unity of Title shall be
executed by the owners of the properties concerned, approved as to form by the Village
Attorney, recorded in the public records of Miami -Dade County as a covenant running
with the land and shall be filed with the Building, Zoning, and Planning Department and
attached to plans or permit applications that are filed with the Village.
(3) No part of an off-street Parking area required for a Building or Use shall be included
as part of an off-street Parking area similarly required for another Building or Use unless
as set forth in subparagraph (2) above.
(4) Nothing in this article shall prevent two or more properties [from] temporarily
sharing their Parking spaces if each has the required number of Parking spaces.
128
Sec. 30-183. Calculation of required off-street Parking spaces.
(a) Non -specified Uses. The requirements for off-street Parking for any Use not
specifically mentioned in sec. 30-184 shall be the same as provided in this article for the
Use most similar to the one sought as determined by the Building, Zoning, and Planning
Director.
(b) Fractional measurements. Shall be calculated to the nearest whole number. A
fraction of one-half shall be rounded to the highest whole number unless otherwise
specified in section 30-184.
(c) Mixed Uses. The total requirements for off-street Parking shall be the sum of the
requirement of the various Uses computed separately, except where specific requirements
are stipulated in this article. Off -Street Parking spaces for one Use shall not be considered
as providing the required off-street Parking for any other Use.
(d) [Additions to existing Structures.] Additions to existing Structures shall provide the
number of Parking spaces as required in this article for similar new construction.
Sec. 30-184. Amount of required off-street Parking.
(a) The required off-street Parking spaces shall be provided and maintained on the basis
of the minimum requirements listed in this article.
TABLE INSET:
Use
Required Number
of Spaces
Special Conditions
Additional Required Spaces
(1) Apartment
Building
1.75 per Unit
Developments with more than 10 Units,
then 1 additional per 5 Units, marked as
guest Parking
(2) Cabana Clubs
0.5 per cabana
(3) Churches and other
places of worship
See special
conditions
1 per 60 sq. ft. of Floor Area available for
seating and per 4 fixed seats. Parking only
required for main sanctuary or largest
meeting room whichever is greater.
(4) Community
Residential Facility
1 space per live in
employee plus spaces
listed in special
conditions
1 space for every 5 residents or any
fraction thereof
(5) Duplex
4 spaces
If in a Development with >= 5 Units, then
1 additional per 5 Units, marked guest
Parking
(6) Hotel or Motel
1 per Unit
Accessory Uses 65% of requirement if
calculated as a Main Permitted Use
129
(7) Life Care Facility
or similar Use with
beds
1 per 10 beds
Minimum of 2 for facility
(8) Marina or marine
dockage
1 per 3 wet slips
Dry dock storage: 1 per 10 dry slips
(9) Nightclub and/or
Bar
1 per 60 sq. ft. of
Floor Area available
for seating
(10) Offices
1 per 300 sq. ft.
Medical offices 1 per 250 sq. ft.
(11) Personal Service
Uses
1 per 250 sq. ft.
(12) Places of
assembly such as
auditoriums, movie
theater, convention
halls, meeting rooms
ext.
See special
conditions
1 per 4 fixed seats or 1 per 60 sq. ft. of
Floor Area available for seating, whichever
is applicable. If there is fixed seating and
areas available for seating, the Parking
calculation is cumulative. Plus one for each
theater and 1 per each movie booth.
(13) Private Clubs
See special
conditions
1 per 60 sq. ft. of Floor Area available for
seating and 1 per 4 fixed seats
(14) Restaurant
1 per 4 fixed seats or
1 per 60 sq. ft. of
Floor Area available
for seating
There shall be no Parking requirement for a
sidewalk or Outdoor Cafe so long as such
seating does not exceed 25% of the total
seating
(15) Restaurant, take-
out
1 per 150 sq. ft.
Only applies when take-out restaurant is
primary Use
(16) Retail
1 per 250 sq. ft.
(17) Service Station
1 per 250 sq. ft. of
Retail or office area
1 space per repair bay
1 space marked "reserved"
(18) Schools, public or
private
See Special
conditions
As established by State agency, private to
Use same standards
(19) Schools, business
commercial, adult or
trade
1 per 4 fixed seats
and 1 space per 60
sq. f area available
for seating
1 per classroom
(20) Shopping Center
1 per 220 sq. ft.
No differentiation by Use. If movie theater,
see requirements for places of assembly.
(21) Single Family
Residence
2 spaces
130
(22) Townhome
2 per Unit
If a Development has more than 5 Units,
then 1 additional space per 5 Units, marked
guest.
(23) Village Civic
Center
As required by the
master plan and
associated Parking
study approved by
the Village Council
(24) Warehouse
including self storage
cubicles
1 per 2,000 sq. ft.
Storage space as Accessory Use - 1 space
per 2,000 sq. ft.
(b) Off -Street loading spaces; general provisions.
(1) Off -Street loading spaces, when required, shall be provided on the same Lot as the
Main Permitted Use. These spaces are not counted towards the required Parking spaces as
established in subparagraph (a) above.
(2) For the purposes of this article, an off-street loading space shall be an area at least
ten feet wide by 25 feet long with 14 feet vertical clearance. Each loading space shall be
directly accessible from a Street or alley without crossing or entering any other required
off-street loading space, and arranged for convenient and safe ingress and egress by
motor truck and/or Trailer combination. Such loading space shall also be accessible from
the interior of any Building it is intended to serve.
(3) Off -Street loading facilities that serve one Use shall not be considered as meeting
off-street loading requirements of any other Use.
(4) Plans for Uses requiring off-street loading facilities under the provisions of this
article shall clearly indicate the location, dimensions, clearance and Access of all such
required off-street loading facilities.
(5) The location of loading spaces shall be illustrated on submitted plans within close
proximity to the Building entrance in a manner that does not restrict the free movement
of traffic during their utilization.
(c) Off-street loading spaces shall be provided as follows:
(1) Non-residential Uses:
a. No requirements for Buildings that contain less than 5,000 square feet.
b. One space for Buildings that contain 5,000 < 10,000 square feet of Floor Area.
131
c. Buildings with a Floor Area between 10,000 square feet and < 50,000 square feet
shall provide two spaces.
d. One space shall be provided for every additional 50,000 square feet above the first
50,000.
(2) Multiple Family or Apt./Hotel Bldg: one space for every 50 Units; however, there
shall be no loading space requirements for Developments that have less than ten Units.
(3) Places of assembly: 20,000 - 40,000 square feet - one space + one space for each
60,000 square feet over 40,000 square feet or major fraction.
(d) Uses in the C-1 District shall provide one golf cart space per 50 vehicular spaces.
ARTICLE VIII. SIGNS
Sec. 30-190. Purpose.
The purpose of this article is to promote and protect the public health, safety and
general welfare of the Village of Key Biscayne by regulating existing and proposed Signs
and other Street graphics within the Village. In particular, these Regulations are intended
to preserve the unique aesthetic character of the Village and ensure that Signs are
compatible with their surroundings. It is further intended to protect property values,
create a better business climate, enhance the physical appearance of the community,
preserve the natural beauty of the Village and improve vehicular and pedestrian safety
and reduce visual pollution.
Sec. 30-191. Prohibited Signs.
The following are prohibited in the Village:
(1) Abandoned Signs.
(2) Animated Signs.
(3) Balloon Signs.
(4) Box Wall Signs.
(5) Buntings.
(6) Bus Bench Signs.
(7) Flags other than one United States flag and one other noncommercial flag together
on a pole not to exceed 20 feet in height; one pole each permitted per Building.
132
(8) Neon Signs (other than Reverse Channel and Wall Signs where permitted) and neon
Building trim.
(9) Off Premise Signs/Billboards.
(10) Pole Signs.
(11) Portable Signs.
(12) Projecting Signs, except Canopy Signs.
(13) Roof Signs.
(14) Snipe Signs.
(15) Swinging Signs.
(16) All Signs except those placed by governmental agencies located on public property.
(17) Any Sign on a utility pole except for the purpose of utility identification.
(18) Any Sign that could be confused with a traffic Signal or traffic Sign.
(19) Any Sign that in the opinion of the Village Manager constitutes a safety hazard.
(20) Any private Sign extending over a public Right -of -Way.
(21) Logos as the main permitted sign. A Logo as secondary signage per establishment
shall have a sign area that does not exceed to 144 sq. in.
(22) Monument Signs.
(23) V-signs
Sec. 30-192. Required Signs.
The following Signs shall be placed where relevant by a property owner:
(1) Safety Signs. Fire safety markings as may be prescribed by fire authorities.
(2) House numbers.
a. Residential Building with four Dwelling Units or less -- address numerals at least four
inches high but not greater than ten inches.
b. Residential Building with more than four Dwelling Units and nonresidential
Buildings -- address numerals at least ten inches high.
133
(3) Handicapped Parking and Access Signs. In accordance with State handicapped
Parking and Federal Disabilities Act Access requirements.
Sec. 30-193. Signs not requiring a permit.
The following Signs do not require a permit.
(1) A Government Instructional Sign.
(2) Temporary holiday decorations, provided they carry no advertising matter, and
further provided that they are not in place more than seven days prior to a holiday and are
removed within seven days after the holiday ends. The time limitations contained in this
paragraph shall not apply during the period November 1 through January 15 each year.
(3) Temporary Signs for special events by nonprofit entities, subject to approval by the
Village Manager.
(4) No -trespassing and no -dumping Signs not to exceed one and one-half square feet in
area per Sign and not to exceed four per lot, except that special permission may be
obtained from the Village Manager for additional Signs under proven special
circumstances.
(5) Certain Temporary Signs as specified in section 28-8 hereof
Sec. 30-194. Residential district permanent Signs.
The following Signs are authorized in all residential districts and residential -office
districts:
(1) Development Identification Sign. Permitted only for (a) multifamily Buildings with
over five Units; (b) Single Family Developments with over five Units; (c) religious
institutions, schools and public Uses. Where Multifamily Dwellings are part of a larger
Development, there shall be only one such Sign on each public or Private Street frontage
on which the Development faces. Prior to the issuance of a permit, the owner shall
covenant that such Sign shall be continually and properly maintained.
TABLE INSET:
Number
(maximum)
1 Monument Wall Sign (or Sign mounted on perimeter Wall) per Street
frontage, except two are permitted where attached to Wall of symmetrical
entrance feature. A parcel that has a minimum of 300 feet of
Street/Building frontage and is served by two or more Access points may
have one additional Sign.
Area
(maximum)
24 square feet
Sign Height
(maximum)
Four feet
134
From Right of Way line
Sign Width
(maximum)
Eight feet
Setback
(minimum)
5 feet from Right -of -Way, 15 feet from side property line
Illumination
Externally or internally Illuminated Signs only
Changeable
Copy Sign
Signs for religious institutions only
(2) Instructional Sign. (1)
TABLE INSET:
Number
To be approved as part of Site Plan
Area (maximum)
Four square feet
Sign Height (maximum)
Two feet
Other restrictions
No advertising copy or logos
(1) Sign permit not required but number and location must be approved as part of
Site Plan.
Sec. 30-195. Nonresidential district Signs.
The following Signs are authorized in all nonresidential districts in the Village:
(1) Monument Sign or V Sign (Village Council approval required).
TABLE INSET:
Number m_)(maximu)
r—
1 per parcel; A parcel that has a minimum of 300 feet of
Street frontage and is served by two or more Access
Area (maximum)
32 square foot Sign shall be permitted.
Sign Height (maximum)
Four feet
Eight feet
Five feet
From side property line
20 feet
Illumination —
Externally or internally
135
Time and Temperature Sign
Sign area
triangle on corner of lot
See section 30 197(g)
(12) Wall Sign (permitted only on Buildings where the majority of the Floor Area is in
Retail Use.) (2}
TABLE INSET:
Type
Reverse Channel Wall Sign only
Number (maximum)
1 per ground or second floor establishment which has its
own frontage and entrance facing a Public Street (3) or
courtyard/Parking court
Area (maximum)
1.5 square feet for each one lineal foot of Building
Frontage
Illumination
See definition of Reverse Channel Wall Sign
Supplemental provisions: See
section 30-197(d) for gas station
provisions
(23-) Canopy Sign.
TABLE INSET:
Number (maximum)
One per
establishment
Area (maximum)
Four square feet
Minimum clearance above ground
Eight feet
Supplemental provisions: Must be attached in accordance with the
provisions of the South Florida Building Code, as may be amended
from time to time.
(34) Awning Sign.
TABLE INSET:
Number
One per establishment
Lettering
One line; letters not to exceed nine inches in height
Logo
Maximum of six square feet
X45) Directory Sign.
TABLE INSET:
Number
1 per entrance into a Multitenant Building, in addition to other
136
(maximum)
permitted Signs
Area (maximum)
32 square feet
Location
On Building Wall (or freestanding within internal courtyard)
Illumination
Externally or internally Illuminated Signs
(56) Window Sign (permanent).
TABLE INSET:
Number (maximum)
Four per
establishment
Area (maximum)
Eight
feet
square
Supplemental provisions:
Instructional signage not exceeding two square feet in area affixed to or
installed on windows or doors shall not be counted toward the overall
Window signage square footage.
Any graphic or attention getting device that is located three or more feet
above the finish floor, that exceeds 16 square inches in area and is less
than three feet from a window shall be considered a Window Sign.
(6q) Instructional Sign.
TABLE INSET:
Number
To be approved as part of Site Plan
Area (maximum)
Four square feet
Height (maximum)
Two feet
Other restrictions
No advertising copy
(23 In the case of a Multitenant Center, Wall Signs are permitted on Walls that
face an Access drive or internal courtyard.
(3) If the Building Frontage requirement for a Monument Sign precludes an
(7g) Permitted Signage in Office District.
TABLE INSET:
Number
One per building mounted on a wall facing the street
Area
20 sq. ft.
137
(maximum)
Letter Height
(maximum)
12 inches except for lots facing Crandon Boulevard. Signs shall have a
maximum letter height of 18 inches.
Illumination
Permitted only for reverse channel letters with back lighted letters
Monument
Signs
Not permitted
Directory Sign
One per building located at the entrance to the building with a maximum
area of 15 square feet. It may be externally or internally illuminated with
the maximum watts to permit the letters to be read at a distance not to
exceed three feet from the Directory Sign. This regulation only affects
Directory Signs which can be viewed from a street.
Sec. 30-196. Temporary Signs.
The following Temporary Signs are authorized in the Village:
(1) Grand Opening or Seasonal Banner Sign (permit from Village Manager required).
TABLE INSET:
Residential District
Nonresidential District
Number (maximum)
One per project
One per establishment
Area (maximum)
20 square feet
20 square feet
Sign Ht. (maximum)
Four feet
Four feet
Length of display
14 days
14 days
Frequency
1 per year
1 per year
(2) Real Estate Signs.
TABLE INSET:
Residential District
Nonresidential District
Number (maximum)
Two per lot
One per lot
Area (maximum)
40 square inches each
Four square feet
Sign Ht. (maximum)
Four feet
Four feet
Setback (minimum)
Five feet
Five feet
(3) Construction Sign.
TABLE INSET:
Residential District
Nonresidential District
Number (maximum)
One per lot
One per lot
Area (maximum)
Four square feet
Four square feet
138
Sign Ht. (maximum)
Four feet
Four feet
Setback (minimum)
Five feet
Five feet
Length of display
During Remodeling or construction
During Remodeling or
construction
(4) Model Sign.
TABLE INSET:
Residential District
Nonresidential
District
Number
(maximum)
One per model Unit
One per Apartment Building, and
One per Office and/or Retail Building
(Not applicable)
Area
(maximum)
Four square feet
Sign Ht.
(maximum)
Four feet
Model arrow
Three per Development
Location
Model Signs or arrows directing traffic to models are
prohibited on the median and Rights -of -Way along
Crandon Boulevard
Signs
Not to exceed two square feet each
Flags
Not permitted
Time limit
Until certificate of completion/occupancy is issued for
last house or Unit in Development
(5) Window Sign or Menu Board, Temporary.
TABLE INSET:
Residential
District
Nonresidential
District
Area (maximum)
Not
permitted
35% of window area
up to a maximum of
12 square feet
Time limit
30 days
Size
Menu boards shall
not exceed 8 1/2
inches x 11 inches
Supplemental provisions:
139
Temporary Signs for special events by nonprofit
entities that are in place no earlier than 14 days prior
to the event and are removed no later than seven days
after the event shall not be considered Window Signs
for purposes of calculating maximum area.
(6) Garage Sale Sign.
TABLE INSET:
Residential District
Nonresidential
District
Number
(maximum)
One per Lot on site
Not permitted
Area (maximum)
Six square feet
Height (maximum)
Four feet
Length of display
Maximum of one weekend during six-month
period
(7) Political Sign (see section 30-197(h) for supplemental provisions).
TABLE INSET:
Residential District
Nonresidential District
Area (maximum)
Four square feet
Four square feet
Sign Height
(maximum)
Four feet
Four feet
Setback (minimum)
Five feet from
pavement
edge
of
Five feet from edge
pavement
of
However, in no instance shall a Political Sign(s) be located on a public right-of-way
which is adjacent to government owned property.
(8) Real Estate Open House Sign (in conformance with design specifications as
provided by the Village Manager).
TABLE INSET:
Residential District
Nonresidential District
Number (maximum)
One per property
Three per property
Area (maximum)
Six square feet
Six square feet
Sign Height (maximum)
1 1/2 x 2 feet
1 1/2 x 2 feet
Time limit
Shall only be permitted
Wednesday, Saturdays
and Sundays 10:00 a.m.
Shall only be permitted
Wednesday, Saturdays and
Sundays 10:00 a.m. to 4:00
140
to 4:00 p.m. Must be
removed same day.
p.m. Must be removed
same day.
Supplemental Regulations:
Location
No real estate open house Signs
shall be permitted to be placed in
the median of or on property
abutting and facing Crandon
Boulevard nor within five feet of
any Right -of -Way line.
Signs may be located in
the public Right -of -Way
provided said Sign must
be Setback five feet from
the edge of pavement.
Signs may be located in the
public Right -of -Way
provided said Sign must be
Setback five feet from the
edge of pavement.
Sec. 30-197. Supplemental Regulations.
(a) Multitenant Center Sign graphics criteria.
(1) The owner of a Multitenant Center shall submit to the Village Manager a Written
statement of the uniform Sign graphics criteria of the Multitenant Center. The Village
Manager shall review the criteria and make a recommendation to the Village Council,
which shall have final approval. Once the criteria have been approved, it shall apply to
the entire center, as well as to each individual occupant, and shall remain in effect for so
long as the center exists, regardless of a change in ownership or management, unless and
until the owner obtains a new uniform Sign graphics criteria approval from the Village
Council. Uniform Sign graphics criteria shall include, but not be limited to, color(s), type
of Sign, style of letters, size of letters (maximum or minimum) and size of Sign.
(2) A Sign application for any portion of a Multitenant Center shall contain a Written
description of the uniform Sign graphics criteria established at the Multitenant Center and
a sketch thereof. This shall apply to application for all types of Signs to be displayed at
the location. Written consent of the owner of the Multitenant Center shall accompany all
such applications.
(b) Design review guidelines. In reviewing Multitenant Signs, the Village Manager
shall use the following design review criteria:
(1) Number of items. No more than five items shall be contained in any one Sign.
(2) Entrance feature. An entrance feature shall not be designed so as to effectively
increase the size of a Sign.
(3) Legibility. All Signs shall be designed to be clearly legible.
(4) Architectural features. Signs shall not be placed on decorative architectural
features.
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(5) Building compatibility. The material and colors of all Signs shall be compatible with
the materials and colors of the Building.
(6) Illumination of Buildings by externally Illuminated Signs. There shall be no such
illumination of Buildings facing residential properties. The illumination of other
Buildings by externally Illuminated Signs shall not be brighter than the standard for
Parking Lot and grounds lighting.
(c) Changeable Copy Signs.
(1) In general. Changeable Copy Signs are permitted to be used only for theaters, other
entertainment businesses, Hotels, religious institutions, drive -through establishments, and
gaseline Service Stations, subject to the restrictions in subsection (2) below.
(2) Drive -through. Drive -through establishments shall be permitted to have a
Changeable Copy Sign showing menu or featured items, provided it has a transparent
protective locked cover. The Sign must be affixed to a Wall of the establishment adjacent
to the drive-in service window or located freestanding within and parallel to the drive-in
lane area. If freestanding, the top of the Sign shall not exceed six feet in height. (See
section 30-113 (h).)
(d) Gasoline Service Station Canopies. When calculating Building Frontage for
purposes of determining Wall Sign size, gasolino Service S&tation Canopies shall not be
included. A company logo not to exceed four square feet shall be permitted on each side
of a Canopy but no Wall Sign shall be permitted thereon.
(e) Rear of Signs. Where the rear or side of any Sign is visible from any Street or from
any adjoining residential district, such side or rear shall present a completely finished
appearance.
(f) Nuisance and safety.
(-�} Illumination. No externally or internally Illuminated Sign shall cause an
unreasonably excessive glare intensity in an adjacent residential district.
(2) Site triangle. No Monument Sign shall be located within a 25 foot triangle at the
unless it is 30 inches or less in height.
(g) Landscaping of Detached Signs. Unless otherwise provided in the Village of Key
g bed of at
(h) Political Signs.
(1) Although no permit is required for a Political Sign, each candidate successfully
filing qualifying campaign papers and each Political Sign Sponsor shall be responsible
for meeting all requirements of this chapter relative to Political Signs. The Village Clerk
142
shall furnish a copy of this ordinance to all qualifying candidates and Political Sign
sponsors and each shall sign and date an acknowledgment of receiving this document.
(2) The Village Manager may cause the removal of any Political Sign Erected on public
property contrary to the provisions of this chapter. The candidate or Political Sign
sponsor responsible for erecting such Political Sign shall be liable to the City for the costs
incurred in the removal. The Village Manager may cause the removal of any Political
Sign illegally Erected on private property in conformance with section 28-13 hereof.
(3) All Political Signs shall be removed within seven days after the election to which
they relate. Upon a failure to remove a Political Sign in a timely fashion, the Village
Manager may cause the removal of the Political Sign and charge the candidate or
Political Sign Sponsor the actual cost of removal.
(i) Signs on Golf Carts.
(1) For purposes of this paragraph, a Golf Cart is defined as a motor vehicle designed
and manufactured primarily for operation on a golf course for sporting or recreational
purposes as defined in Chapter 316.003(68), Florida Statutes.
(2) Signs shall be attached to or painted on the vehicle and located below the roof, One
sign per Golf Cart is permitted with a maximum size of two square feet. The sign shall
not be illuminated.
(3) For a Golf Cart sign related to a commercial use, the business which is the subject of
the sign shall have a Village of Key Biscayne Local Business Tax Receipt with an office
located in a C-1 Light Intensity Commercial District, 0-1 Low Intensity Office District,
or at a Hotel or Motel.
Sec. 30-198. Sign permits.
(a) Required. Except as otherwise set forth herein, it shall be unlawful for any Person to
display or install any Sign without first having obtained a permit.
(b) Applications.
(1) Filing. Applications for permits required by this chapter shall be filed with the
Village Manager upon forms to be furnished by the Village Manager. Such applications
shall also respond to the structural requirements for Signs as specified in the South
Florida Building Code.
(2) Signs requiring Village Council approval. All Multitenant Center Sign graphics
criteria, require prior review and approval by the Village Council based upon the
recommendations of the Village Manager.
143
(c) Issuance. Provided the terms of this ordinance have been complied with, the Village
Manager shall issue a permit for each Sign and retain a copy thereof and a copy of the
plan. Permits shall be numbered in order of their issuance.
(d) Time limitation of permits. All Signs shall be Erected on or before 90 days from the
date of the issuance of a Sign permit. If the Sign is not Erected within such time, the
permit shall become null and void and a new permit shall be required.
(e) Installation inspection. The contractor or owner securing the permit for any Sign
shall notify the Village Manager and request an inspection whenever such Sign is being
installed, and before any concrete is poured; a final inspection shall be requested upon
completion. At the time of the final inspection, a photograph of the completed Sign shall
be taken by the inspector and placed with the plans or file records of the Sign permit.
(f) Labels. At the time of final inspection, the inspector shall attach a label to the Sign.
The permit number of the Sign shall be shown on the label and the label shall be visible
from ground level.
(g) Revocations. The Village Manager may revoke a permit or approval, issued under
the provisions of this chapter, if it is found that there has been any false statement,
concealment or misrepresentation as to any material fact in the application or plans upon
which the permit or approval was based.
(h) Variances and appeals. Shall follow the procedures set forth in Article IV.
(i) Fees. Sign permit fees shall be established, from time to time, by Resolution of the
Village Council.
Sec. 30-199. Legal Nonconforming Signs.
(a) Amortization of 1993 Sign Code Nonconformities. Any Sign that lawfully existed at
the time this chapter [Ordinance No. 93-4] became effective may be continued, although
it does not conform to all the provisions hereof, provided that no structural Alterations
are made thereto and that all such Nonconforming Signs shall be completely removed
from the Premises or made to conform by December 31, 1996. If the owner of a Sign can
document the facts that (1) the Sign was installed or renovated after January 1, 1990, (2)
the Sign is in sound condition, and (3) the cost of such Sign or renovation exceeded
$3,000.00, then the Council may extend the amortization period up to May 1, 1998.
(b) Exception to amortization schedule. Nonconforming Banner Signs, Buntings,
Portable Signs and Snipe Signs, as well as prohibited Signs placed on public property and
utility poles, shall be removed within three months of the effective date of this chapter.
(c) Nonconformities created by amendments to this Sign ordinance. Any Sign which
may become nonconforming as a result of any subsequent amendments to this chapter
144
shall be completely removed from the Premises, or altered to conform, not later than five
years from the date such Sign becomes nonconforming.
(d) Other termination of legal Nonconforming Signs.
(1) By abandonment: Abandonment of a legal Nonconforming Sign shall terminate its
nonconforming status.
(2) By damage or poor condition: The legal nonconforming status of a Sign shall cease
whenever the Sign is damaged beyond 50 percent as determined by the Village Manager
from any cause whatever, or to the extent the Sign becomes a hazard or danger.
(3) Abandoned and damaged Signs, as described in this section, shall be removed by
owners in accordance with the requirements of section 28-13 hereof.
Sec. 30-200. Sign maintenance.
(a) Maintenance. All Signs shall be maintained in a safe, presentable and good
structural condition, which shall include the replacement of defective parts, repainting,
cleaning and other acts required for the maintenance of said Sign. The area around the
base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with
the above standards, the Village Manager shall require its removal in accordance with
section 28-13 hereof.
(b) Ineffective Signs. Except as otherwise provided in this chapter, any Sign which is
located on property that becomes vacant and unoccupied for a period of 90 days or more,
or any Sign which pertains to a purpose that no longer applies, shall be deemed
ineffective. An ineffective Sign is prohibited and shall be removed by the owner of the
Premises in accordance with section 28-13 hereof.
(c) Dangerous or defective Signs. No Person shall permit to be maintained on any
Premises owned or controlled by him, any Sign that is in a dangerous or defective
condition. Any such Sign shall be removed or repaired by the owner of the Sign or the
owner of the Premises.
(d) Unlawful Signs. No Person shall erect on any Premises owned or controlled by him
any Sign that is prohibited under section 28-3 or any Sign that in any way does not
comply with the provisions of this chapter or any Sign that has not received a valid
permit (unless specifically exempted there from).
Sec. 30-201. Removal of improper Signs.
(a) Removal. The Village Manager shall cause the removal of any Sign in violation of
this chapter in accordance with the procedures set forth in the Village of Key Biscayne
Code Enforcement Ordinance.
145
(b) Emergency. Notwithstanding the above, the Village Manager may cause the
immediate removal of any Sign that poses an immediate danger to the health, safety or
welfare of the community. The Village Manager may cause the Sign to be made safe as
an alternative to removal. In either event, Village personnel may enter onto Premises,
with or without the property owner's consent, for emergency repair or removal.
(c) Removal costs. Costs incurred by the Village's removal of a Sign shall be charged to
the real property owner on whose property the Sign is located. The Village shall assess
the entire cost of such demolition, removal or repair, which assessment shall include, but
not be limited to, all administrative costs, postal expenses and newspaper publication
costs. Such charge shall constitute a lien upon such property. The Village Clerk shall file
such lien in the County's official record book showing the nature of such lien, the amount
thereof and an accurate legal description of the property. No certificate of use and
occupancy shall be approved for such a property until the full amount associated with the
lien, or the full amount in the event no lien has yet been filed, has been paid to the
Village by the property owner.
ARTICLE IX. LANDSCAPE REGULATIONS
Sec. 30-230. Purpose and intent.
It is the intent of this article to establish and require enforcement of landscape
standards that will enhance, improve, and maintain landscaping in the Village through the
application of following principles als:
(a) Promote xeriscape by encouraging the use of drought -tolerant landscape materials,
grouping of plant material by water requirements and the use of irrigation systems that
conserve the use of potable water supplies.
(b) Use landscape materials to visually define the hierarchy of roadways, and to provide
shade and visual edge along roadways.
(c) Prevent the destruction of the existing tree canopy and promote its expansion.
(d) Provide for the preservation of the existing natural forest communities, specimen
sized trees, re-establish the native habitat along the beach, and encourage the use of
native plant material.
(e) Promote the use of trees and shrubs for energy conservation by encouraging cooling
through the provision of shade and the channeling of breezes, thereby helping to offset
global warming and aeffects of added absorption of carbon dioxide.
(0 Contribute to the processes of air movement, air purification, oxygenates
regeneration, ground water recharge, stormwater runoff retention, while aiding in the
abatement of noise, glare, heat, air pollution and dust generated by impervious areas.
146
(g) Improve the aesthetic appearance of the Village through the use of plant material,
thereby protecting and increasing property values.
(h) Reduce the negative impacts of exotic pest invasive plant species as identified by the
Florida Exotic Pest Plan Council and prohibit the use of noxious exotic plants which
invade native plant communities.
(i) Promote the concept of planting the appropriate tree in the correct location to avoid
problems such as clogged sewers, cracked sidewalks, and power service interruptions.
Sec. 30-231. Applicability.
The provisions of this chapter shall be considered minimum standards for all
Village zoning districts, and shall apply to new construction on vacant Lots and for
construction projects that have a value of 50 percent or greater of the assessed value of
the Building(s) on a site.
Sec. 30-232. Required landscape plans.
(a) Landscape plan required. All new construction of Main Permitted Uses and
substantial rehabilitation work where the value of the improvements exceeds 50 percent
of the assessed value of the Building, shall be required to submit a landscape plan. No
building permit shall be issued until the Building, Zoning, and Planning Department has
approved the landscape plan. A final certificate of occupancy shall not be issued until the
landscaping shown on the landscape plan has been installed and approved by the
Building, Zoning, and Planning Department. All landscape plans for new construction on
vacant Lots shall be signed and sealed by a landscape architect licensed to practice in the
State of Florida.
(b) Components of a landscape plan. A landscape plan must:
(1) Be drawn to scale, iffeluding and include dimensions= and property boundaries, north
arrow, and street names.
(2) Include a survey of the existing trees on the property with a diameter of three inches
or greater measured at four feet above the base of trunk., with identification of non -exotic
(see subsection 30-234(a)) trees. ^" trees =7it a;, meter of your ,rches or eaters all
(3) Delineate existing and proposed Structures, Parking areas or other vehicular Use
areas, Access aisles, sidewalks, driveways, the location of utilities and Easements, and
similar features.
(4) Designate common and botanical name, location, size (in height, spread and trunk
caliper at four feet about base of trunk), quantity, and grade of living plant material
proposed to be installed or maintained on the site.
147
(5) Provide planting specifications to current American Association of Nurserymen
landscape standards including but not limited to staking, fertilization, top soil, mulching,
and applicable drainage and any subsurface treatments.
(6) Identify and describe the location and characteristics of all non -living landscape
materials to be used, such as fences, walls or pavements.
(7) Show all landscape features, areas of vegetation required to be preserved by law,
(including but not limited to trees, plants, shrubs, native habitats, wetlands, and
mangroves), in the context with the location and outline of existing and proposed
Building, fences, and other structural improvements being contemplated on the site.
(8) Indicate method to protect trees and native plant communities during construction
according to the Miami -Dade County Landscape Manual standards.
(9) Include a tabulation showing the statistical information necessary to evaluate
compliance with the Article including net Lot area, quantity, size, and species of all plant
material to be planted, preserved, or relocated; square footage of paved area; and such
other information as may be required by the Building, Zoning, and Planning Director to
make a determination that the landscape plan meets the requirements of this article.
Sec. 30-233. Landscape plan review criteria.
All landscape plans shall be reviewed in accordance with the following goals and
objectives:
(1) Landscape design shall enhance architectural features, relate structural design to the
site, visually screen dissimilar Uses and unsightly views, reduce noise impacts from
roadways and incompatible Uses, strengthen vistas and reinforce neighborhood site
design and architecture.
(2) Existing specimen trees and native vegetation shall should be preserved in place to
the maximum extent possible or relocated within the site. ,_but i „o eve t "hall les@ tha
(3) The Landscape plan shall include native plant species to the maximum extent
possible and shall in no event contain less than 30% of native landscaping.
(34) Trees and shrubs shall be used to reduce energy consumption by shading Buildings
and paved surfaces.
(5) Street trees shall be used to shade roadways, sidewalks, and provide visual order. All
Street tree planting shall conform to the Village's Street Tree Planting System.
(6) Trees and shrubs shall be placed on the site in locations that take into
consideration overhead utility lines, proximity to native plant communities, septic tanks,
and sewer lines.
148
Sec. 30-234. Required irrigation plans.
(a) Applicability. All Developments which are required to submit a landscape plan shall
also provide an in -ground irrigation system with the exception of the following:
(1) Single Family homes where drought -tolerant, xeriscape landscaping has been
utilized.
(2) Duplexes and Townhomes on Sites that are 7,000 square feet or less where drought -
tolerant, xeriscape landscaping has been utilized. However, hose bibs shall be placed on
the Building at 75 -foot intervals.
(b) Components of an irrigation plan. Required irrigation plans shall:
(1) Be drawn at the same scale as the landscape plan.
(2) Delineate the areas that are to be landscaped.
(3) Delineate existing and proposed Structures, Parking areas or other vehicular Use
areas, Access aisles, sidewalks, driveways, the location of utilities and Easements, and
similar features.
(4) Include water source, design operating pressure and flow rate per zone, total volume
required for typical depths of application, and application rate.
(5) Include locations of pipes, controllers, valves, sprinklers, backflow prevention
devices and electrical supply.
Sec. 30-235. Tree removal permit.
(a) Tree removal permit required. No Person shall cut down, destroy, remove, relocate,
destructively damage or cause to be cut down, destroyed, removed, relocated or
destructively damaged any tree without first obtaining a permit from the Miami -Dade
County Department of Resource Management (DERM) and the Village. —However
nothing in this article shall prevent a Person from destroying the following trees without
receiving a permit:
(1) Schinus tefebintliinfolius terebinthifolius (Brazilian Pepper/Florida Holly)
(2) Metopium toxiferum (Poison Wood)
(3) Casurina equisetifolia (Australian Pine)
(4) Melaleuca Quinquenervia (Melaleuca)
(5) Araucaria Heterophylla (Excelsa, Northfolk Island Pine)
149
(6) Bfassala Brassaia Actinophylla (Schefflera)
(b) Permit Fee. The Village Council shall establish a fee for tree removal permits.
However, no fee shall be charged for a permit to remove a tree listed in subsection (a)
above.
(c) Application. The Tree Removal Permit Application shall contain the following
information:
(1) Location of the tree to be removed.
(2) A survey of the property showing the Buildings, Easements, utility services.
(3) The Building, Zoning and Planning Director may waive the above requirements
where it can be determined that the information can be obtained in the Village records or
through a site visit.
(d) Tree removal evaluation criteria. No tree may be removed unless one of the
following conditions, as determined by the Building, Zoning, and Planning Director,
exists:
(1) A Site Plan is submitted by the applicant that demonstrates a proposed Structure can
be situated on the property only if specific trees are removed or relocated.
(2) The tree(s) is (are) located in such proximity to existing or proposed Structures that
the utility or structural integrity of such Structures is materially impaired.
(3) The tree materially interferes with the location, servicing, or functioning of Public
Utility lines or service.
(4) The tree obstructs views of oncoming traffic or otherwise creates a substantial traffic
hazard.
(5) Any law or Regulation that requires such removal.
(e) Replacement tree. Any tree that is removed must be replaced with:
(1) A tree with the same number of inches of caliper diameter; or
(2) Trees that cumulatively provide the same number of inches of caliper diameter.
All replacement trees must be on the same Site that the tree was removed.
(f) Removal of trees on public lands. No trees shall be removed from any public land
including, but not limited to Rights -of -Way and swale areas, without the approval of the
Building, Zoning, and Planning Director.
150
Sec. 30-236. Protection of trees during construction or land Development.
(a) During any construction or land Development, protective barriers of specifications
approved by the Building, Zoning, and Planning Director shall be placed and maintained
around all trees to be retained on site to prevent their destruction or damage. The
Developer shall use every precaution possible to avoid damaging such trees by
preventing the use or storage of materials or equipment, compaction of soil over roots
and/or the contamination of soil with such materials as paint, oil, solvents, asphalt,
concrete, mortar, and the like, within the drip line.
(b) No attachments other than those of a protective or non -damaging nature shall be
attached to any tree except those trees approved to be removed d.
Sec. 30-237. Tree trimming standards.
All trees shall be trimmed in accordance with the National Arborist Association
Standards except for the following tree species:
(1) Australian Pine
(2) Avocado
(3) Brazilian Pepper
(4) Citrus Species
(5) Bischoefia
(6) Mango
(7) Melaleuca
(8) Norfolk Island Pine
(9) All palm species
(10) Poison Wood
Sec. 30-238. Minimum standards.
The following standards shall be considered minimum requirements for all
landscape plans:
(1) Tree size.
a. Minimum height at time of planting: 14 feet.
151
b. Minimum diameter of trees trunk at five four feet above crown of root structures
height: 2.5 inches.
c. Minimum tree canopy to be seven feet in diameter, centered on the trunk.
(2) Minimum number of trees.
TABLE INSET:
Zoning District
Number of Required Trees
Single Family and Two-
Family
three trees for Lots of 7,500 sq. ft. or less and tree for
one each
additional 2,500 one tree per 1,875 sq. ft. or fraction thereof
Office
one tree for each 1,500 sq. ft. or fraction thereof
Commercial
one tree for each 1,800 sq. ft. or fraction thereof
Government Use
meet requirement of zoning district with greatest contiguous
area
Multiple Family, PUD
and Hotel Resort
one tree for each 1,400 sq. ft. or fraction thereof
Institutional and Private
Club
one tree for each 1,200 sq. ft. or fraction thereof
a. A maximum of 40 percent of the tree requirement may be satisfied with palm trees. If
palm trees are provided, they every three palms shall be counted as three palms — one
canopy tree.
b. Minimum height of palms to be considered for shade tree substitutes shall be teil
twelve feet for standard upright forms (e.g. Sabals, Coconuts), and four feet for dwarf
).
dc. Prohibited trees and Street trees shall not be counted towards meeting this
requirement.
(3) Shrubs and hedges --Quantity, height and spacing at time of planting.
TABLE INSET:
Shrub quantity
10 for each required tree
Shrub and
height
hedge
Minimum 24 inches.
Hedge spacing
30 in. on center and maintained to form a continuous, unbroken, and
solid screen
152
(4) Uncovered, surface Parking Lot buffer and interior planting. The perimeter of each
Parking Lot adjacent to any property line Lot shall be planted with a five-foot wide strip
of hedge and shade trees at a spacing of one per 30 linear feet.
The net interior area of all Parking Lots (the area exclusive of the Setbacks and buffer
planting area), shall contain ten square feet of landscaped area per Parking space and
shade trees shall be planted within this area at a rate of one tree per 80 square feet of
resultant landscaped area.
(5) Plant quality and Native Species Requirement. All material shall meet or exceed the
minimum standards for Florida Number One as provided in the most current edition of
"Grades and Standards for Nursery Plants, Part I and II," prepared by the State of Florida
Department of Agriculture and Consumer Services. At least 40% of all required plant
materials must be native species.
(6) Supplemental Single Family & Duplex Zoning District Landscaping Regulations.
These Regulations are in addition to those listed above. Single Family homes and
Duplexes shall provide the following landscaping prior to the issuance of any type of
occupancy or approval to occupy the Building. The landscaping shall be maintained and
remain in place for the life of the Building. If the landscaping is replaced a permit is
required and shall include materials that match the below specifications:
(a) In no instance shall the Front Yard have less than one shade tree and three palms, or
two shade trees.
(b) In any Yard which faces a Street, shrubs shall be provided at the ratio of 20 per tree.
(c) When the Structure has a side Wall in excess of 35 feet in length, there shall be a
dense hedge of minimum 30" height planted 24" on center along the property line
adjacent to all portions of the Wall greater than 35 feet.
(d) On non -waterfront Residential lots, the area within five feet of a side Lot line that is
also within 25 feet of the rear property line shall be planted with a dense, landscape
screen at a height of at least four feet at time of planting, planted 36" on center, and
attaining at least a 10 foot height. Within that same area on waterfront Residential lots, a
hedge of minimum 24 inch height and 24 inches on center must be planted and cannot
exceed a height of four feet.
(e) On non -waterfront Residential lots, for those portions of the Structure with a rear
Setback of less than 25 feet, the area within five feet of the rear property line shall be
planted with a dense, landscape screen at a height of at least four feet at time of planting,
planted 36" on center, and attaining at least a ten foot height.
Sec. 30-239. Hatracking prohibited.
153
All tree pruning shall conform to current standards of the National Arborist
Association. Hatracking or topping shall not be permitted; however, crown reduction in
excess of one-third shall be permitted under the following conditions:
(1) If a tree interferes with utility lines or utility Structures.
(2) If a tree has storm damage and in the opinion of the Building, Zoning, and Planning
Director should be hatracked or topped in order to preserve the tree.
Sec. 30-240. Landscape manual.
The Village shall utilize the Miami -Dade County Landscape Manual until such
time as one is developed by the Building, Zoning, and Planning Department and adopted
by Council resolution. The purpose of the manual is to provide illustrative interpretations
of the Regulations listed in this article, best landscape practices, and related guidelines to
insure that landscaping is installed and maintained in a manner that is consistent with the
objectives [of] these Regulations.
Sec. 30-241. Certificate of occupancy and certificate of completion.
No certificate of occupancy or certificate of completion shall be issued until such
time as all of the required landscaping is installed and approved by the Building, Zoning,
and Planning Department. However, nothing herein shall prevent the issuance of a
temporary certificate of occupancy so long as at least the sod portion of the landscaping
has been installed.
154
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No mercy for killer facing firing squad
■ Convicted murderer
Ronnie Lee Gardner's
death sentence was not
commuted to life by a
Utah parole board.
BY JENNIFER DOPIER
Associated Press
DRAPER, Utah — A
condemned Utah inmate
has lost his bid for clem-
ency from a state parole
board, making his execu-
tion by fir-
ing squad
on Friday
more likely
than ever.
Ronnie N
Lee Gard-
ner had
asked the
Utah Board SARONP
of Pardons and Parole to
show mercy and commute
his death sentence to life in
prison without parole. The
board denied the request
on a unanimous vote,
chairman Curtis Garner
said Monday at a hearing
inside the Utah State
Prison.
In its written rationale,
the board said the jury's
verdict imposing Gard -
CALIFORNIA
ner's death sentence 25
years ago was not inappro-
priate and that no suffi-
cient reason exists to gram
clemency or to commute
the convicted killer's sen-
tence.
"Gardner makes no
claim of innocence and
admits that he is guilty of
each of the crimes of
which he has been con-
victed," Garner said Mon-
day.
Family members of sev-
eral of Gardner's victims
sat holding hands as Gar-
ner read the board's deci-
sion.
"I really thought they
would change it over to
life," said a relieved Tami
Stewart, whose father,
George "Nick" Kirk, was
shot and wounded by
Gardner in 1985. "I don't
feel happy, but it needed to
be done. That's hard for
me to say, because I feel
sorry for him, but the jury
made their decision."
The board's decision
cannot be appealed, but
Gardner's lawyers can
challenge the process, and
they already have in fed -
TRENT NELSON/AP
FAMILY: Family of a courthouse shooting victim react as a Utah parole board
refuses to commute Ronnie Lee Gardner's death sentence Monday
eral court.
Gardner still has an
appeal pending before the
Utah Supreme Court, and
his attorney, Andrew
Panes, has said he may
still appeal to the U.S.
Supreme Court.
The execution is set to
take place early Friday.
Gardner chose a five -mem-
ber firing squad over lethal
injection.
It's an option that is no
longer available to death
row inmates in Utah, but
Gardner's case was among
those grandfathered in
before the law changed in
2004.
Gardner was convicted
of capital murder and sen-
tenced to die in 1985 for the
fatal courthouse shooting
of attorney Michael Bur -
dell earlier that year. The
shooting came during a
botched escape attempt
Gardner had planned over
several months with an
accomplice.
He was in court that day
to face murder charges for
Bill targets spouses who hire hit men
MA loophole in
California law allows
spouses who solicit the
murder of their
husband or wife to
collect assets in divorce
proceedings.
BY CATHY BUSSEWITZ
Associated Press
SACRAMENTO — The
story behind the legisla-
tion reads like a movie
script.
The wife of a Southern
California police detec-
tive, distraught because
she had lost custody of her
children, tries to hire a hit
man from the Vagos
motorcycle gang to kill
him.
Instead, gang members
alert police, who disguise
themselves as biker thugs
and secretly tape a con-
versation with the wife,
leading to her arrest and
conviction for solicitation
of murder.
But later, in divorce
court, she is awarded half
the couple's property,
even though she tried to
have her husband killed.
The husband then urges
the state Legislature to
change the divorce law.
A bill scheduled to be
heard Tuesday in a legisla-
tive committee seeks to
close what its author says
is a loophole in the state's
no-fault divorce code. It
specifies that spouses who
solicit the murder of their
Village of Key Biscayne
NOTICE OF ADOPTION
OF AN ORDINANCE AMENDING
USES WITHIN
THE VILLAGE ZONING CODE
NOTICE IS HEREBY GIVEN to all parties that the
Village Council of the Village of Key Biscayne, sitting
m its capacity as the Local Planning Agency, will hold
a public meeting on the proposed Ordinance described
below on Tuesday, June 22, 2010 at 7.00 pm, in the
Council Chamber, located at 560 Crandon Boulevard,
Key Biscayne, Florida.
PLEASE NOTE that the Village Council will hold a public
hearing and first reading of the Ordinance Immediately
following the meeting of the Local Planning Agency.
The purpose of the public hearing is to consider the
adoption of the following Ordinance:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, COMPREHENSIVELY UPDATING AND
REVISING CHAPTER 30, "ZONING AND LAND
DEVELOPMENT REGULATIONS" BASED UPON THE
ZONING ORDINANCE REVIEW COMMLI EE'S (ZORC)
RECOMMENDATIONS;PROVIDINGFORSEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A copy of the proposed ordinance may be obtained at
Village Hall, Office of the Village Clerk, 88 West McIntyre
Street, Suite 220, Key Biscayne, Florida 33149.
Interested parties may appear at the public hearing and
be heard with respect to the proposed ordinance.
In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
proceeding because of that disability should contact
the Office of the Village Clerk, 88 West McIntyre Street,
Suite 220, Key Biscayne, Florida 33149, telephone
number (305) 365-5506, not later than two business
days prior to such proceeding.
Should any person desire to appeal any decision of
the Local Planning Agency or the Village Council with
respect to any matter to be considered at this meeting,
that person shall insure that a verbatim record of
the proceedings is made including all testimony
and evidence upon which any appeal may be based
(ES. 286.0105).
Conchlta H. Alvarez, MMC
Village Clerk
husband or wife are not
entitled to collect financial
rewards in divorce pro-
ceedings.
The bill was prompted
by John Pomroy, a police
detective in Pomona,
about 30 miles east of Los
Angeles. His wife col-
lected about $70,000 from
their estate after she was
released from prison in
2004.
State law says that if
spouses are convicted of
murdering or attempting
to murder their husband
or wife they are not enti-
tled to reap any financial
benefits during divorce
proceedings. But if they
hire someone else to do
the dirty deed for them,
ARKANSAS FLOOD
their victims' assets are
not protected.
The bill would amend
the law to fill in the loop-
hole.
In California, a couple's
shared assets are generally
split evenly during a
divorce. That's the case in
most states, said Krystal
Callaway Jaime, supervis-
ing attorney for the Family
Protection Clinic at the
University of California,
Davis.
Pomroy said his mar-
riage dissolved after a dec-
ade when his wife became
addicted to pain killers
after injuring her foot in a
dirt bike accident. She
later turned to alcohol and
finally illegal drugs, he
said.
He said they separated
when she became physi-
cally abusive. He later
gained custody of their
children.
When his wife faced
losing the children and her
husband's monetary sup-
port, she solicited mem-
bers of the Vagos motor-
cycle gang who lived
down the street. She said
she wanted them to kill
her husband while he was
on duty, Pomroy said.
The San Bernardino
County district attorney's
office said Pomroy's ex-
wife pleaded guilty to
soliciting others to murder
her husband in early 2003.
She was paroled in 2004.
the 1984 shooting death of
bartender Melvyn Otter-
strom.
Burdell's family
opposes the death penalty
and had asked the board to
spare Gardner's life. The
Otterstrom family, and rel-
atives of a bailiff, George
"Nick" Kirk, who was shot
and seriously injured dur-
ing the courthouse inci-
dent, lobbied against a
reduced sentence of life in
prison without parole.
Gardner expressed his
remorse and said he's
spent much of the last 10
years learning to overcome
a dysfunctional family situ-
ation riddled with physical
abuse and drug use.
Kirk's widow, VelDean
Kirk, said she doesn't
believe Gardner has
changed "for a minute"
and she was happy when
she heard the board's deci-
sion. Nick Kirk, who was
working as bailiff during
the courthouse shooting,
was left with chronic
health problems after
being shot in the lower
abdomen by Gardner. He
died in 1995.
HURRICANE SEASON
Storm loses
some punch
Sun Sentinel
A tropical disturbance
in the central Atlantic lost
some organization Mon-
day, and hostile winds may
further weaken it. But the
National Hurricane Center
said it still could spin into a
tropical depression or
storm over the next day
because it remains over
unusually warm water.
Monday evening, the
hurricane center in West
Miami -Dade gave the sys-
tem a 40 percent chance of
development, down from
60 percent earlier in the
day.
The disturbance was
about 1,300 miles east of
the Windward Islands.
Campground's remoteness added to toll
NI Flash flood warnings
didn't reach families In
the campground, and
with the recovery of the
20th body, officials
want to prevent this
from happening again.
BY ANDREW DeleLLO
AND CHUCK BARTELS
Associated Press
LANGLEY, Ark. —
Before a wall of water
swept through a narrow
gorge in the Ouachita
Mountains, worried fore-
casters sent warnings four
times in a single hour to
advise of the potential for
flash flooding.
But those warnings,
issued in the middle of the
night, never reached vaca-
tioning families in a
remote campground in the
floodwaters' path. The
camp had no ranger
on -site, no cell phone ser-
vice and no sirens, and
deputies at the nearest
sheriff's departments were
at least an hour's drive
away.
TOO LATE
By the time authorities
could have reached the
campsites, the Little Mis-
souri River would have
already risen by 14 feet and
started to cut off low-wa-
ter crossings.
As searchers on Mon-
day recovered the body of
a 20th person killed in the
raging torrent, attention
shifted to preventing simi-
lar disasters in the future.
Federal and state offi-
cials planned to conduct a
review to determine what
factors contributed to the
disaster.
"Gosh darn, I know
everyone regrets the loss,
but everything can be
improved upon," said
Charles "Bubba" Wade, a
former state legislator
whose granddaughter was
killed in the flood that hit
the Albert Pike Recreation
Area early Friday.
AKAN CINLSON/AP
WHAT WENT WRONG? As a 20th body was found on Monday in an Arkansas
campground hit by a flash flood, attention has tumed to preventing similar
disasters and improving warning systems.
"There can be a better
warning system, whether
it's three in the morning or
three in the afternoon," he
said.
The campground was
overseen by the US. Forest
Service. Agriculture Secre-
tary Tom Vilsack has said
that anyone who called the
agency or showed up at the
camp Thursday night
would have been told
about the flood watch. But
the flood warning did not
come until shortly before 2
am
"In that circumstance,
there was only so much
that folks could do," Forest
Service spokesman David
Sandretti said.
Sandretti said the
agency would "see what
kind of lessons we can
learn from this incident."
On Monday, state police
found the body of a young
girl and were confident she
was the final victim.
Authorities planned to
continue a limited search
Tuesday morning.
The weather service
first issued a flash flood
watch before noon Thurs-
day.
But by 2 am. Friday, it
issued a flash flood warn-
ing, which was simulta-
neously broadcast via com-
puter to law enforcement
throughout Arkansas.
The forecaster on duty
at the time also distributed
the alert to police radios
through a statewide wire-
less network.
NO RADIO RESPONSE
The hardest -hit areas of
Pike and Montgomery
counties have 90 radios
connected to the network,
but it was unclear how
many officials had the
radios on at the time. Sher-
iffs for the two counties
did not respond to calls
Monday.
The Forest Service also
has 15 radios connected to
the network, but it's
unclear whether any of
those were close to the
campground.
As he saw the storm
move into an area that had
already had rainfall, the
forecaster called the Mont-
gomery and Pike county
sheriffs offices at about 3
a.m. to warn them.
"He said, 'I'm really
worried about this; " said
John Robinson, severe
weather forecaster at the
National Weather Service
Office in North Little Rock.
The forecaster, whom
Robinson declined to
name, returned home at
the end of his shift around
7 a.m.
As he watched his tele-
vision that morning, he
saw the number of fatali-
ties come in from the flood
he had tried to warn the
public about.
"He called me, and said
'I knew it. I knew that was
going to happen,' " Robin-
son said.
It's unclear how quickly
authorities acted on the
warnings, but a number of
factors prevented swift
alerts to campers.