HomeMy Public PortalAbout2000-13 Amending Article II, Article III, Article V and Article VII of Chapter 30 ZoningORDINANCE NO. 2000 —13
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING ARTICLE II, "DEFINITIONS,"
ARTICLE III, "GENERAL PROVISIONS," ARTICLE V,
"SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT
REGULATIONS," AND ARTICLE VII, "OFF STREET
PARKING AND LOADING" OF CHAPTER 30 "ZONING"
OF THE CODE OF ORDINANCES AND PROVIDING FOR
AN EF'F'ECTIVE DATE.
WHEREAS, the Comprehensive Plan of the Village of Key Biscayne (the "Village")
provides that land development regulations will be prepared and adopted to implement the goals
and objectives of the Comprehensive Plan; and
WHEREAS, the Village Council has determined that the existing Supplemental District
Regulations for Single Family Development, as adopted by 0-96-2 and amended by 0-97-18 and
0 98-4, need to be amended to bring them into conformance with the recently adopted Land
Development Regulations governing development in all other parts of the Village (the
"Amendments"); and
WHEREAS, the Village has held numerous meetings of the Zoning Ordinance Review
Committee, Workshop Meetings and obtained extensive input and participation by the public
through these meetings; and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has held a public
hearing upon these Amendments and has recommended their adoption to the Village Council; and
WHEREAS, in accordance with the Village's procedures and Section 166.041, Fla. Stat.,
public notice has been given of the public hearings for the proposed adoption of this Ordinance; and
WHEREAS, the Village Council finds that it is in the best interests of the health, safety and
welfare of the residents and property owners of the Village of Key Biscayne to adopt the attached
Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1: That Article 11 "Definitions" of Chapter 30 "Zoning" of the Code of the Village
of Key Biscayne is amended as follows:
*
* *
(Coding: underlined words are additions to existing text, words are deletions
from existing text
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 Ordinance:
(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 whichthat 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 fluor is more than two feet above the crown of the
road. 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.
(8) Floor Area located below BFE i s c xc I tided; however, if the ceiling is above BFE and
the space is enclosed on more than two sides, I 0 the horizontal Floor Area of the
space below BFE is included in the Floor Area.
(9) Exterior elevators and landings
(10) Open unenclosed exterior stairs.
(11) Chaises.
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 1'or every ten feet. Volumetric space between 10 -13 ft. is
not counted. Volumetric space above 13 ft. shall he calculated as follows: Floor area = 10% for
each 1 ft. or fraction thereof in height x sq. ft. of the space.
2
Volumetric space is not counted in the following:
(1) in entranceways that contains 225 sq. ft. or less.
(2) space between 10 and 13 ft. above the finished floor
(3) space above stairs
* *
Lot Coverage. The area of the Lot occupied by all buildings, covered structures and Terraces
above Maximum Lot Elevation, excluding the following: 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; one or more Gazebos occupying a total area of up to two percent of the
lot size; utility sheds: carports and porches that provide a 10 foot setback. pursuant to Section 30-
100(f)(10): planters with a maximum height of four feet 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) which) that exceed six feet in height and
are attached to or otherwise form an integral part of a building.
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
5,00010.000 pounds (Gross Vehicle Weight) or contains advertising markings in excess of three
square feet per side of per vehicle top.
Section 2: That Section 30-39, "Appearance of Structures and Sites Under
Construction," of Article III, "General Provisions," of Chapter 30 "Zoning," of the Code of the
Village of Key Biscayne is amended as follows:
Sec. 30-39. Appearance of Structures and Sites Under Construction.
Sites where construction activity is occurring must be made secure at the conclusion of
construction activity each dad with a -12 inch plastic mesh fence or better six (6)ft. chain link
fence placed in any yard that faces a street or body of water around the entire perimeter of- the
site.
The fence must he maintained until all vAindows and exterior doors have been installed.
The site shall be maintained with in a neat and orderly appearance. As soon as practical, the
exterior of buildings shall have the final finishes applied and windows installed.
Section 3: That Article III, "General Provisions," of Chapter 30, "Zoning," of the
3
Code of the Village of Key Biscayne is hereby amended by creating Section 30-41, "Additional
Regulations," as follows:
Sec. 30-41. Additional Regulations.
When not addressed in these regulations, the provisions of the Code of Metropolitan Miami -
Dade County shall continue to he applieahlc until such time as the Village Council expressly_
repeals them.
Section 4: That the Supplemental District Regulations for Single Family Development, as
adopted by 0-96-2 and amended by 0-97-18 and 0-98-4, are amended and incorporated into
Article V, "Schedule of District, Use, and Development Regulations," of Chapter 30 "Zoning," of
the Code of the Village of Key Biscayne as follows:
�, .
(a) Establishment of districts. For the purpose of protecting the public health, safety and
welfare, the residential single family area— f ih, Village hereb eel into
VR Village Residential District
VE Village Estate District
IR Island Residential District
PS Parkside District
(b) [Map.] Said districts are bounded as shown on the map entitled Village of Key Biscayne
Zoning Map, adopted on the 26th day of March, 1996, and as amended from time to time,
with all explanatory matters thereon, which are hereby made a part of this ordinance.
4
r
1J
• h• --r .rr i. •r rr, --r r i rb U.. i . f �? rte. f C
le
•
1)
•
1)
IJ
1J
1J
1J
IJ
rh f
IJ
1)
�IJ
J
IJ
IJ
[See Sec. 3() 531
"
"
"
"
"
"
"
"
"
"
"
"
"
" :
"
r .
"
"
"
1 1 ,
"
"
a
n
cT,
•
U r
U
1
U
U
�
1j
l
:.r
l
N
•
f
r
n
n
U
•
U
•
XIJ
1j
T 1U
!J
i)
1�
Sec. 30-100. Single Family and Two Family.
(a) Purpose and Uses
District Purpose
Main Permitted
Conditional
Accessory Uses
Prohibited Uses
Uses
Uses
These districts are
VR, VE, and IR
None
Any Use that is
Any Use not listed
designed to
Districts: Single
customarily
as a Main
protect the
family dwelling
associated with
Permitted Use,
character of single
PS District:
the Main
Conditional Use,
family and two
Permitted Use
or Accessory Use
family homes.
Single family
(See Sec. 30-
(See Sec. 30-113).
and two family
1 1 1).
attached
dwelling
(b) {3) Minimum Lot Size, Lot Coverage, Density, and Pervious Area Development Regulations
Regulation
VR
VE
IR
PS
Village Residential
Village Estate
Island
Parkside
Residential
Residential
Lot
Frontage
Min. 75 ft. as
platted*
Max. 2 platted
lots*
Min. 100 ft. as
platted*
Max. 2 platted
lots*
Min. l90 ft. as
platted*
Max. 2 platted
lots*
Min. 75 ft. as
platted*
Max. 2 platted
lots*
Minimum
Lot Area
Min. 7,500 sq. ft. or
as platted*
Max. 2 platted lots*
Min 10,000 sq. ft.
or as platted*
Max. 2 platted
lots*
Min 10,000 sq. ft.
or as platted*
Max. 2 platted
lots*
Min 7,500 sq. ft.
or as platted*
Max. 2 platted
lots*
Minimum
Cubic Ft.
7,500 cu. ft.
O00-cu€t
-1.0,000-c- ft
7,500 cu. ft.
Minimum
Pervious
Area
(% of Lot)
30%
30%
30%
30%
Maximum
Lot
One story residences 45 % Multi story residences 35%
Porches and landings that are completely open on at least 2 sides, with the exception
8
Coverage
of railings and balustrades, shall not be included in the lot coverage calculation.
Maximum
Floor Area
Ratio
(FAR)
.47''` Up to an additional .07C is permitted for any porch -
For new construction on vacant lots and dev clopment that exceeds 5O`,% of the assessed
value of the building the followiu<C shall apply:
Base FAR
.2q ..30for developments on one platted lot in the VR and PS districts
.36 for dcvelopnlcnts i ll the VE and 1R districts
.13 for deg elopments on more than one platted lot.
.Notwithstanding the above, the base FAR for a one story home is .36
Maximum FAR .47 for developments on one platted lot
.35 for developments on two platted lots
A development may exceed the base FAR but contain no more than the maximum 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 criteria.
The FAR bonus must be listed on the. site plan page and approved by the plans reviewer and
the Building, Zonitm and Planning,' Director. No certificate of occupancy or completion
shall he issued unless the completed development includes each of the bonuses listed on the
approv ed site plan.
VR and PS Districts:l)esigns that do not receive both bonuses 7 and 19 shall he
assigned a minus .10.
VE and IR Districts:Designs that do not receive bonus 19 shall be assisgned a minus .10.
Criteria
FAR Increase
1 Porch facinfz a street.
.00OO5 per sq. ft. of floor area to a
maximum 4.03 FAR increase
Open and unenclosed balconies located .00005 per sq. ft. of floor
above the first finished floor area to a max. of.03 FAR increase
3. Building located 15 - 2t) ft. from a front
property line
.001 per linear ft. of
frontage of a wall that is
located 15 - 20 ft. from a
front property line (max .03)
4. Garage and carport containing 2 or more vehicles parked parallel
with an exterior column separating each of the spaces .03
5. Single story home .03
9
6. Combination one and two story home with
the second floor occupying less than 50%
of the floor area of the first floor under roof .10
7. Entrances to parking <iarazes:
Interior lot: placed in a location that does not face the street .02
Corner lot:entrance in a side yard .02
8. All indows above the first floor facing
or
an adjacent building
vv hic h are - 5 ft. aho\ e the finished floor .01
If all huildinLT walls alonL the interior side
of a property do not have '' indovv .03 per home side
9. Sidevard sethack which:
a. Exceeds the required yard . 00005 per each sq. ft. to a max. of .03
or
h. has a min. 15 foot side v and setback .03
10. Building located within 15 - 20 ft. of the rear lot line .001 per linear ft. of a wall
located 15 - 20 ft. from the
rear property line with a
max. of .03
11. VR and PS Districts: Structures that provide a front
setback of less than 25 ft. v\.hich have a roof at least 3 ft
. lover than the roof of the main structure
.03
IR and VE Districts: a portion of the building having
a length of at least 10 ft. with a front yard setback
that exceeds the required 25 ft. setback .0002 per sq. ft. max. .03
12. Reduction in building height. .006 per ft. or fraction thereof with
a max. of .03
.11
`Platted as of the effective date of this ordinance.
(4-} (c) Building and Fall Height.
{a}(1) Maximum building height is 35 ft. 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-ele\ ated Homes. There shall be no limitation on the
number of stories permitted.
{h)(2) Maximum Exterior Wall Height is 22.5 ft.. The maximum height of the exterior
wall(s) of the building cannot exceed twenty two feet 22.5 ft.. The maximum wall
10
height may he incr(': t4 -rat -4-�+-1 r-±-?- tUf) to the Maximum Building Height) as
the wall is sethacl, Line. The maximum height under this
section shall be limited to of sttH ' h nies.
a. The maximum L' Mellor v al‘ lici h1 for a one Story structure is 15 feet;
however, nothing herein shall prev(.111 vaulted ted or clearstory walls with a maximum
hci 17ht of -'1.5 feet.
(c)(3)
The lllav111111n1 t_"vt.
I
flour.
, i)
is '2.5 fi. aho'c the to\\est finished
c. The maximum \A ,;1 1 hci"h; -nay be increased at a ratio 8:12 (l.ip to the
N'l1\ilnunl Biillth 1C.1 :21
),
f lits wall is setback from the Building Line.
Building height shall be nicasilred to the top of the wall from the Base Flood
Elevation fur Elevated 1-R me; t)1 the elevation of the lowest finished floor for
Non Elevated Hones.
Exceptions to the maximum height requirements. Height and Location: Where a
' c\ccet-f-lilt,' maximum height restrictions. that structure
tinder no circumstances s a--t--e,c-c 4 It) ' 11. in height and the area it comprises
many not exceed (.r t fit): t't srt' Where rooted structure is a permitted [Ise,
the encIosed 1)4Wi 0}1
a. Chi ninevs, 11a!:
t �t c r+f1 ci
ten feet ahove the highest
point of the roof
h. Mechanical celu(n11,,. it - 11 `
and clev atoi ten feet above the highest
C.
ffOi nt of the roof. shall he
culnpletclti screened from a
\ ievv measured at the front
property hue on the opposite
tht' street fioni the
structure. the Director may
require a Zinc -of -sight study
Architectural shall not exceed 3 ft. in height nor
occupy more than 3 sq. 1 1 . in
al e.l
►-": in<ttiiliun� I �i��)�1 pit l�1 ,lit; t3t(') c shall he limited to 25 feet
for One Story Hoilles.
11
(d) Sec. 30 56 Lot elevation.
(a i(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' 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 twenty-five feet (25 ft.) from any waterway body of water.
(b)(2) Height
t 1 )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 (2') above
the average crown of road.
42}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 two and one-half
feet (2.5') below the established B.F.E.
43)e. "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 (6") above the existing bulkhead; however in no instance shall the
height of a bulkhead or lot he raised to a hei17ht that exceeds the maximum
elevation as established in the "clear "/,one".
4-1-)d. Exclusions. Where necessary for the implementation of septic systems the
aforementioned requirements may be waived by the Director for only the that
portion of the lot required for the septic system. Under no circumstances shall
said exclusions exceed minimum requirements for area and elevation.
45)c. Pools, Pool decks, Terraces. Pools, pool decks and terraces which are located in
compliance with the pnnc+t hui lding required setbacks for all structures and are
included in lot coverage computations may exceed the above the height
restrictions established in subsection (2) stated restrictions up to a the maximum
elevation of B.F.E. 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.
(1) PRINCIPAL BUILDING PLACEMENT DENT (SETBACKS)
(e) Setback Regulations (Minimum)
12
Yard
VR
VE
IR
IR
M
Parkside
Residential
Village Residential
Village Estate
Island
Residential
(Interior)
Island
Residential
(Waterfront)
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 7.5 ft.
Non-A\atel front Iots:
Unc stOry 7.5 ft.
All stories 5 ft
One story
7.5 feet for an
One stOiI 7.5 ft.
7.5 feet for an
The sum of the
7.5 ft.
7.5 feet for an
7.5 teet for an
sideyard
addition of a second
addition of a second
addition of a
addition of a
setbacks shall
or higher stoi'v
or higher story
second or higher
second or
not he less than
which contain less
which contain less
`+toi}' which
higher story
3U`;� O1 the
than 5-0C«)1 the
than 50('«)I the
contain less than
Which contain
width 01 the lot.
floor area of the first
floor area of the first
50"«)1 of the floor
less than 50(it
floor.****
floor.****
area of the first
of t he floor
"Iwo stories or more:
Two stories or more:
floor.****
area of the first
Two stories Of'
floor.****
"1'k1, o stories or
The sum of the
The sum of the
more: The sum of
more: The sum
sideyard setbacks
sideyard setbacks
the sideyard
of the sideyard
shall not be less than
shall not be less than
setbacks shall not
setbacks shall
25% of the width of
25% of the width of
be less than 25%
not be less than
the lot with no side
the lot ', i t h no side
of the width of
25% of the
and less than 7.5
Ward less than 7.5
the lot with 110
width of the lot
feet.
feet.
side Ward Tess
with no side
Waterfront lots: 15
than 7.5 feet.-.
yard less than
7.5 feet-.
feet
Side
facing a
15 ft.
15 ft
15 ft.
15 ft.
15 ft.
street
*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.
13
Number of Stories
Height of Wall
Wall Length
1
1.5 ft.>,::;;::;
40% of the width of the lot
2 or more
22.5 ft.
34(I of the width of the lot
Garages
Shall a 22 ft.
if the entrance faces a street; The
provide setback
elevation facing the street shall
appear as an integral residential
part of the structure including
vs indows finishes, line.
and roof
** Within the Village Estate District the following properties shall provide a waterway setback of
50 ft.: 200-290 Harbor Drive.
*However. nothing herein shall prevent v aulted or cicarstorv- 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.
A Portion of the principal structure in the VR and PS Residential Districts may extend to a point up
to 15 ft. from the front and or rear property line v hen that portion of the structure is no greater than
/10 percent of the width of the lot at the 15 fl. setback. When that portion of the structure is greater
than 25 ft. in width, the wall height may not exceed 1 1- ft. as measured from BFE (elevated) or the
lowest finished floor {non elevated).
(f) Permitted Encroachments in Required Yards
w
Sec. 30 62 Boat Storage.
(a) a. The term "boat" as used herein includes vessels and other watercraft,
as defined in Section 327.02(36), F.S.
(b) b. Boats less than 26 ft. in length, not more than 96 inches in width and
13 ft. 6 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, PS, RU, EU,
and -GU Zoning Districts subject to all the following conditions:
(1) L No more than one boat may be stored on any one Lot
unless stored in an enclosed garage, and
(2) 2. Boats and place of boat storage shall be kept in a
clean, neat and presentable condition, and
(3) 3. No major repairs or overhaul work on or for a boat
shall be made or performed on the Lot, and
14
(4) 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 Section 327.39 F.S. and canoes as
defined in Section 327.02(3), F.S., are required to be placed on a
trailer pursuant to this Section (canoes as defined in Section
327.02(3), F.S are not required to he placed on a trailer).. and
5. Boats stored in a yard that faces a street shall comply
with the following: the trailer wheels shall he placed on a hard paved
surface and the hoat shall he perpendicular to the house.
Sec. 30 59. Decks, Pools, and Screen Enclosures.
(a) with er wi eel hether of wood or ott her
a. Decks shall provide a 5 ft. setback to any lot line.
b. Decks and swimming pools shall not exceed a height greater than that
allowed for Maximum Lot Elevation.
Rear 5 ft.
Interior side 5 ft.
Front 5 ft.
Side street 5 ft.
(h)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:
Yard
VR
VE
IR
IR
Island
Residential
(waterfront)
PS
Village
Residential
Village
Estate
Island
Residential
(interior)
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.
6.515 ft.
6.5 ft.
;_ * There shall he no rear Setback limitation for Waterfront Lots shall provide
a four taut setback.
The foregoing Setbacks shall be measured from the water's edge.
d. c Screen Enclosures. Where a screen enclosure is used to enclose a pool I
or other area of a residence, it shall be limited in height to 22.5 ft. and subject to the
following Setback limitations:
Yard
VR
VE
IR
IR
PS
Village
Residential
Village
Estate
Island
Residential
(interior)
Island
Residential
(waterfront)
Parkside
Residential
Front
20 ft.
75 ft.
25 ft.
25 ft.
20 ft.
Not
Not
Not
Not
Not
permitted
permitted
permitted
permitted
permitted
except for
except for
except for
except for
except for
porches
porches
porches
porches
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 ft. 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).
Sec.�s Docks and Mooring Piles.
16
44a. General Regulations. Notwithstanding the following, 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.
I. All docks, fenders. watercraft and mooring piles
must he set hack a minimum of ten feet (10 ft.) from each side
property line extended. '
extend beyond the side property line extended.
No Mooring. pile shall have a height exceeding 13
feet above NGVD ("National Geodetic Vertical Datum") nor
extend into watery av a distance more than twenty-five (25 ft.) feet
Or 2Mi of the v\, aterwav width at the point of extension, whichever
is less.
3. All docks and mooring piles shall he constructed in
accordance with Section D -5.03(2)(a) of the Dade County Public
Works Manual (see diagram below).
511)I_
1'R01't.R 1
DOCKS, WA _'PY'R:, 1:
AND MOORING PILES
MTCT TIV WTTT-iTTT
17
Biscayne Bay and Hurrica+c Harbor Tall he governed by the following, regulations:
(I) Docks and Mooring piles must he set back a
minimum of ten 1O f‘t.) feet from the property line extended.
Bayndstnn efmorethan25er
(3), No dock shall extend into Hurricane Harbor a I
distance ethan tw nt. five iii5 ft ) fee�Z0% of the Harbo 's
width rat the r eiRt e f ion 7 whic-heyer i n •e 1 . es
(4) Mooring piles and Dolphins may not extend more
than twenty (20 ft.) feet from the dock line.
(c) Inland canals, lakes and waterway. Docks and moorin2-
piles along island canals, lakes and waterways shall be governed by the
followi ulations:
(1) Docks and Mooring must he set hack a minimum of
ten feet (10 ft.) l o+ 41c side property grin a tended
(2)5. No Dock shall extend from a bulkhead into any
canal, lake, or waterway a distance greater than fi vc ten ($-10 ft.)
feet. not to exceed 10 (4 of the waterway.
(;) No Mooring pile shall extend into canals, lakes, and
aterway v.vate rway a distance more than twenty live (25 ft.) feet
or 20c4 of the Canal. Lake or waterway width at the point of
extension. ‘vh►chever is wreater.
( 1-)6. Where the width of a canal, lake or waterway does I
not permit the placement of a Dock or outer Mooring pile, Fender
Mooring piles may be placed at a distance not to exceed eighteen
1181 inches from the property Iinchulkhcad.
(4) Sec. 30 55. Driveway and Parking Criteria. The following provisions shall apply I
to all single family and two family developments:
(1) Driveways.
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 must be paved or covered
with a hard surface such as but not limited to concrete, pavers, bricks, tile, pea rock, gravel and
similar materials. hut 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';''( or more of the assessed value of the property. Driveways, which are paved with asphalt,
are permitted to he retained unless the value of renovation work exceeds 50c% 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 must shall be set back at least 5 feet from
any side property line. All circular driveways must shall be set back at least two 2 feet from
any front and/or property side street property line. On Corner Lots, driveways must shall be set
back 15 feet from the extended right-of-way intersection.
d. Width. A maximum width of 24 feet is permitted 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.
Commercial Vehicles. 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.
3.
(2) Parking. Parking spaces must he paved or consist of a hard. durable and dust free
surface which allows safe vehicular and pedestrian flow.
(5) Sec. 3() 60. Fences and walls.
(a)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.
19
(b)h. Maximum Height.
(-4-)1. Front Zone. Except for arches, columns, gates and other ornamental entry
features which may extend to eight feet in height, The height of a fence or wall
between any building and adjacent street(s) or side lot line shall be limited to 6 feet
as measured from the crown of the road, except arches, columns, gates and other
ornamental entry features may extend to 8 feet in height.
(2)2. Rear Zone. The maximum height of a fence or wall is 6 ft. measured from
the average elevation of the lot but in no instance shall the height exceed 8 ft. when
measured from the adjacent property, except arches, columns, gates and other
ornamental entry features may extend to 8 feet in height.
Six feet from the average grade of the lot or to the allowable height of a permitted
wall on the contiguous lot. The height. w hen 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.
4)3. 3. Waterfront Zone. Four feet from the height of the existing bulkhead or
existing natural grade, measured from the elevation of the lowest point of the Rear
Yard.
( )c. Fence Finish Materials and Restrictions.
(41. All walls between any hurlding and the adjacent street(s) must shall be
finished on all side(s). Masonry walls must shall be stuccoed and painted and wood
fences must have no exposed nail points. except where adjacent and contiguous to an
existing wall
(2) Rear /one.
.AII
wood fences must he finished so that no nail points are exposed or visible.
2. Wood shall have the structural side of the fence facing the interior of the I
property.
( -}3. Chain link fences are prohibited in the Front Zone.* y yard, which
faces a street. However, chain link fences associated with court games are
permitted in pursuant to subsection 19. Where permitted, chain link fences shall
be coated with black or green finish materials
4. Perimeter walls and fences (including chain link) which face a street
shall he screened with a hedge (which may be placed within the swale if in
accordance with Chapter- 21, "Public Rights -of -Way') except for walls and
20
wood fences which are painted on both sides with a maximum height of 42
inches. At time of planting, the hedge shall have a minimum height of 24 inches,
planted on 24 inch centers;
Front Yard Encroachments;
a. Fountains. One with a maximum height of 5 ft. occupying no more than 100 sq. ft.
with the following setbacks: front 5 ft. interior side 5 ft. and side facing a street 10 ft.
b. Decorative In -ground re f l ec t i n « Pool. One with a maximum depth of 1 ft. with the I
following setbacks: front 5 ft. interior side 5 ft. and side facing a street 10 ft.
c. Streetlight. Maximum height of 10 ft. and no limit on the number.
d. Basketball Pole or Similar Court Games. 5 ft. from a side lot line.
Sec. 30 61. Accessory buildings and uses.
(a)Location. Accessory buildings may he located as provided in this section as specified in
this Ordinance.
(- (7) Utility Sheds. Gazebos and similar structures.huildings. Shall not he located closer than 50
feet to any front or side street property line and are limited to 10 feet above the Maximum Lot
Elevation and 100 square feet in area. No more than one utility shed shall he situated upon any
one Lot.
a. Maximum Height: 10 feet wall height above the Maximum Lot Elevation
b. Location: Not permitted in the Front Yard
c. Setbacks, Sideyard: same as the Main Permitted Use. However, the required rear
yard setback is 10 ft.
d. Size: 200 sq. ft.
e. Construction Materials. Limited to concrete, block, stucco, wood, and brick I
or similar materials. Aluminum, sheet metal,
fiberglass are prohibited
f. Roof Top Access: Prohibited
Number 1
h. Waterfront View Corridor: No structure shall be permitted within an isosceles
21
triangle with each side measuring 25 ft. at the
intersection of the rear and side lot lines.
4c) Prohibited Materials The use of fiberglass or any atypical aluminum or other metal
applied to a flat roof and visible from the street. Accessory Buildings (other than utility sheds) shall
that of the principle structure.
(d) Front. side, and rear setbacks. Except as provided herein. Accessory Buildings and uses are
subject to the following front, side. and rear Setback limitations.
Vafd VR��(�]
Cnage
-Village
�
1(]'`nd
TIR_�Vy�
Is1NRl
Dom* l�I�►1�
Par
Residential
J' ate'
Estate
(_j_jj, �,j�,
Residential
Rcsi a tial
Residential
r»1}fide I
Residential
(iteriof i
(waterfront)
Front
Not
Not
Not
Not
Not
permitted
permitted
permitted
permitted
permitted
Reaf
5 0.
5 ft.
5 0.
5 0.
5 0.
Side.
15 ft.
15 0.
15 0.
15 0.
10 0.
interior
Side.
7.5 0
7.5 0
7.5 0.
15 0.
7.5 ft.
street
(e) Size. Except as otherwise provided. Accessory Buildings shall he limited to 300 sq.
ft. in area and the maximum wall height shall not exceed 1 1 ft. above Maximum Lot Elevation.
Accessory Buildings which are not enclosed and are opc.n on three sides shall not exceed 500 sq. ft.
(f) Accessory Buildings must he separated from the principal building a minimum
distance of 5 ft. and shall he limited to a maximum width of 20 0. as measured at the location
nearest to and parallel with the front and rear Setbacks.
(g) No rooftop access. s. No rooftop access is permitted for any accessory structure located in
the rear zone of interior lots.
(h) Waledronr View Corridor. Not withstanding permitted setbacks listed in Section 30 G 1
(d), Accessory Buildings located in the rear yard of waterfront lots must he located so as not to
encroach into the waterfront view corridor. The Waterfront View Corridor shall he defined by
triangles commencing at each property corner at extending along the rear and side lot lines for a
distance of 25 ft. feet.
22
Hedges. No height or setback limitations, except for the line -of -sight
requirements contained in Chapter- 21 of this Code.
Heating, Ventilation, and Air Conditioning Equipment Setback Regulations. The
use and location of heating, ventilation, and air conditioning equipment (HVAC) and
swimming pool equipment shall be limited as follows: HVAC compressors are subject to
the following setback limitations:
Yard
VR
VE
IR
IR
PS
Parkside
Residential
Village
Residential
Village
Estate
Island
Residential
(interior)
Island
Residential
(waterfront)
Front
10 ft.
20 ft.
20 ft.
20 ft
15 ft.
Rear
10 ft.
20 ft.
20 ft.
20 ft
20 ft.
Side, interior
4 ft.
4 ft.
4 ft.
10 ft.
4 ft.
Side, street
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Additionally, HVAC compressors -Must Shall be installed on an acoustically soundproofed
base or ledge with a visual screen from the right-of-way at the front of the Lot and a solid
acoustical screen from the adjacent property. ,
which . The acoustical screen shall extend at least one foot above the top of the
compressor.
(1 0) Motor Homes and Trailers. No vehicle that has accommodations that permits it to he
inhabited overnight shall he permitted unless it is stored in a garage or carport.
(41 I) Sec. 30 57 Drainage hillier. Pavers and Walkways in Side and Rear Yards. The
buffer strip within and along the interior side and rear property lines. Pavers or other
walkway material may be placed within the landscaped area Side or Rear Yard so long as
they do not materially affect the drainage characteristics of the area. The maximum width
of the walkway is 5 ft. but in no instance shall the setback be less than 4 ft.
(4412
provided --above
Porches, Porte-Cocheres, and Carports/Carport Canopies Setback Regulations .
The following uses are permitted to encroach into required yards subject to the following
23
Setbacks for Sideyards:
Use
VR
VE
IR
PS
Village
Residential
Village
Estate
Island
Residential
Parkside
Residential
Porches
10 ft.*
10 ft.
15 ft.
10 ft.*
Porte-Cocheres
10 ft.
10 ft.
15 ft.
10 ft.
Carports/Car-
port 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
ft. 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 may shall not exceed 14 feet above the maximum permitted Lot Elevation
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 may shall not exceed 14 feet above the
maximum permitted lot elevation.
c. Carports, Porches and Porte-C'ocheres encroachments may shall not form
an integral part of the principal roof structure.
d. Carports Canopies are limited in height to 10 feet above the Maximum Lot
Elevation and are limited in area to 300 square feet.
13. Projections. The following structures are permitted to project into a required yard for a
distance not to exceed 25% of said yard with a maximum projection of 6 feet: awnings,
balconies, bay windows (maximum width of 10 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 steps and landings are located in a required
sideyard, the maximum projection is 5 feet; however the width of sideyard at the location of the
steps and landing shall be a minimum of 4 feet. If a perimeter wall or landscaping is not located
along that portion of sideyard which faces the steps, then the side of the steps shall be enclosed
with a solid wall or landscaping.
24
14. Steps in the front yard shall have a maximum width of 10 feet.
(15) Retaining Wall, Required. A retaining wall shall be provided in the following instances:
a. Any portion of a lot that has an elevation of 2 ft. or more above the crown
of the road
b. If a drain field is placed in the front yard.
(15) Sec. 30 51. Roof., top and Roof Overhangs and Rooftop Uses. (a) Principal building
roofs in all single family districts shall adhere to the following regulations:
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 (1 ft.),
d. Shed Roofs shall have a minimum pitch of 3:12 ratio.
(h)e. Roof . overhang. No portion of a roof, including the gutter shall be
permitted to extend beyond five feet from the exterior wall of a building, nor may
any portion of a roof extend closer than three and one-half feet from any interior side
property line, nor two and one-half feet from the front or side street property line.
f. When a scupper drainage system is used in connection with a flat roof, the
scupper cannot be located closer than seven and one-half feet from any property line.
( 2. 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.
(16) Satellite dish antennas. These antennas shall comply with the following regulations:
a. Shall not have a diameter that exceeds one meter.
b. Shall be placed in a location to minimize its view from any public street.
c. Shall employ, to the maximum extent possible, materials and colors that
blend with the building and surroundings;
25
(15•17) Sheds
a. Maximum Height: 7.5 ft. above the Maximum Lot Elevation
b. Location: Not permitted in the Front Yard. Sheds are
also not permitted in any sideyard facing a
street unless it is behind a wall or
Iandscapin that prevents the shed from
being seen from the road
c. Setbacks side 7.5 ft., side facing a street 15 ft, rear 5 ft.
d. Size 100 sq. ft.
e. Construction Materials IVlaterials to match those used in the single
family home. Aluminum, fiberglass, and
sheet metal is prohibited.
#c. Roof Top Access Prohibited
�f. Number 1
1 1,. Waterfront View Corridor Waterfront properties shall provide the
following: No structure shall be permitted
within an isosceles triangle with each side
measuring 25 ft. at the intersection of the
rear and side lot lines.
( 18) (2) Solar Heating Panels. All solar panels must shall be visually screened from he 1
adjacent right(s)-of-way, or set into the roof so that the upper roof surface abuts the side
of the solar panel.
(1719) (3) Swimming Pool Pumps, Heaters, and Similar Equipment. The location of all
swimming pool pumps and other equipment associated with the use of swimming pools,
including heaters, shall he subject lot he following Setback limitations: These uses are
permitted to encroach into required yards subject to the following Setbacks for Sideyards
measured from the water's edge:
26
Yard
VR
VE
IR
IR
Island
Residential
(waterfront)
PS
Village
Residential
Village
Estate
Island
Residential
(interior)
Parkside
Residential
Front
10 R.
10 ft. Not
15 ft.Not
15 ft. Not
10 ft. Not
Not
permitted**
permitted**
permitted**
permitted**
permitted**
Rear
lO2ft.
IO2ft.
102ft.
102ft.
lO2ft.
0 ft. if
0 ft. if
waterfront
waterfront
Side,
interior*
1 R.
1 ft.
1 It.
10 ft.
/1 ft.
2 ft.
2 ft.
2 ft.
2 ft.
2 ft.
Side,
street*
10 it. 2 ft. if
10 ft. 2 ft. if
15 ft. 2 ft. if
15 ft. 2 ft. if
10 ft. 2 ft. if
behind an
behind an
behind an
behind an
behind an
opaque wall,
opaque wall,
opaque wall,
opaque wall,
opaque wall,
otherwise
otherwise not
otherwise
otherwise not
otherwise
not
permitted
not
permitted
not
permitted
permitted
permitted
* If the equipment is located in a sideyard, landscaping shall be planted which
obscures views of said equipment. ,
•
If a pool is permitted pursuant to section 30-100(f)(2). the equipment shall he at
least two feet from the side property line, hit in no instance shall it he placed in a location
that allows it to he seen from the street.
27
(20) Tennis Court and Similar Court Games: The following regulations shall apply for
fences, lightpoles, or other accessory structures associated with court games:
a. Front Yard - Not permitted
d. All chain link fences shall be coated with
green or black materials
b. Required Side and Rear Yard: maximum
height of fences shall be 10 ft. and fences shall
be setback 7.5 ft. from the interior Side or Rear
Yards. When the fence faces a street, the
maximum height shall be 10 ft. and the fence
shall be set back at least 15 ft. from the property
line.
e. Any play surface, whether paved or
unpaved, when associated with said court
games, shall have the following minimum
required yards: front - not permitted, interior
side - 7.5 ft. any side facing a street - 15 ft.
rear - 7.5 ft.
c. Accessory lighting fixtures, when
customarily associated with the use of court
games, shall be erected so as to direct light only
the premises on which they are located. The
maximum height of light fixtures shall not
exceed 10 ft. when located in a required yard;
otherwise, the maximum height shall not exceed
20 ft. Light is not permitted to be cast on any
public right of way.
(21), Utility Lines on Private Property. Developments on vacant lots and additions and
rehabilitation work where the value of work exceeds 50% of the assessed value of the
building, shall have all overhead utility lines (power, cable, telephone, etc.) placed
underground.
(22). Waterfront View Corridor: No structure shall be permitted within an isosceles triangle with
each side measuring 25 ft. at the intersection of the rear and side lot lines; however, a
hedge, wall, or fence with a maximum height of 4 ft. is permitted.
1,0 Supplemental Use Regulations in Single Family and PS Parkside Residential Districts
(1) Bed and breakfast Inns. Subject to the following regulations:
a. It is located in an existing single family building with a floor area not
exceeding 2000 sq. ft. and huilt prior- to the adoption of this ordinance;
b. The owner of the hed 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;
28
d. There shall be no cooking facilities in guest rooms with the exception of a
microwave oven. One refrigerator with a maximum capacity of 5 cuff.
shall be permitted in each gucstroom;
e. Breakfast shall he the only meal served on the premises and shall only he
served to registered guests. No other meals shall he provided. The room
rate shall he inclusive of meal if it is to he made available:
f The entire huildinz shall be substantially rehabilitated and conform to the
South Florida Building Code, the Code of the Village of Key Biscayne,
and the Fire Prevention and Life Safety Code on the date a Certificate of
Use and Occupational License are applied for;
G
•
One non -illuminated building identification sign is permitted. The sign
shall not exceed 1 sq. ft. and shall only he located on the building;
h. The building shall have central air conditioning.,
i. The required off-street parking shall he the same as for a single family
J
residence. The Building. Zoning, and Planning Director may require
additional parking only 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
These regulations apply to those facilities, which may he operating, hut
without any approval from the Village. They are required to comply with
these regulations \\ 1111 ill 90 days from the date this ordinance is adopted.
These regulations also apply to prospective facilities.
k. The Building Zoning and Planning, Director may place conditions on this
use to ensure that it is compatible with surrounding properties.
Community residential facilities
a. Total number of residents and/or day users is limited to six (6);
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 an Occupational License 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 limited to personal care,
29
shelter, sustenance, and other support services. Residents and day clients shall be
ambulatory: and
d. The building shall have central air conditioning.
al 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 (6);
b. That the age of children, excluding those of the resident family, shall not
exceed eleven (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 an Occupational
License shall be required. No such certificates shall be issued unless the Fire
Department approves the issuance of said certificates.
e. If a swimming pool is present, fencing shall include a self -closing and
locking gate, 42 in. high with vertical members every 4 in. on center surrounding
the entire pool.
f. These regulations apply to those facilities that may be operating but
without approval from the Village. These facilities are required to comply with
the above regulations within 90 days from the date this ordinance is adopted.
These regulations also apply to prospective facilities.
a. Hours of operation shall he limited to 8:00 a.m. — 7:00 p.m.. Monday
through Friday. DaV Care facilities shall not he operated on national holidays.
Home Occupations
a. Signage is prohibited.
b. No customer may be served in the home.
c. Employees in the business are limited to full time residents of the dwelling
unit.
d. The business requires a Village Occupational License.
30
((h) Grand Bav Estate Development Regulations. The following regulations shall apply to this I
development consistent with the approved Site Plan:
Setbacks
Regulation
Principal Building
Porches, Porte-
Cocheres,
Carports/Canopies
Mechanical Equipment
Swimming Pool Pumps
and Equipment
Pool Decks
Swimming Pools
Screen Enclosures
Accessory Buildings
Front
Side, Interior111
Side, Facing
Street (ft.)
Rear
ma
20
5
5
20
10
10
10
10
10
3
10
10
10
3
10
10
5
5
5
5
5
5
5
5
20
5
15
5
15
5
5
5
gj Development Regulations
Regulation
Min. Lot Frontage
Requirement I Regulation
45 ft.
Requirement
Max. Lot Coverage
40%
Min. Lot Area
6,000 sq. ft.
Max. Floor Area Ratio
.68
Min. Pervious Area
25%
31
Lil Grand Bay Villas Development Regulations. The following regulations shall apply to this
development consistent with the approved Site Plan:
al Setbacks
Regulation
Front
5.14s3
Interior
Side, Facing
Rear
Alt
Street Eft.)
Ma
Principal Building
20 ft. for
50% of
width of
bldg. 10 ft.
for
remainder
0 ft. one
side
lO ft one
side.
15 ft.
one story
ft.
two story 20
ft.
15
Porches, Porte-
Cocheres,
Carports/Canopies
10 ft.
10 ft.
10 ft.
lO 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, min.
15 ft.
5 ft.
Screen Enclosures
Accessory Buildings
20 ft.
4 ft., 0 ft for
zero lot line
sides
10 ft.
5 ft.
10 ft.
5 ft.
5 ft.
5 ft.
32
(2) Development Regulations
Regulation
Requirement
Min. Lot Frontage
50 ft
Regulation Requirement
Max. Lot Coverage 50 %
Min. Lot Area
5,000 sq. ft.
Max. Floor Area Ratio
.80 Main
.07 Porch
Min. Pervious Area
20%
(1) Supplemental Landscaping Regulations. These regulations are in addition to those listed in
Article 9. Single family homes and duplexes shall provide the follotie ing landscaping prior to the
issuance of any type of occupancy or approval to occupy the building. The landscaping shall he
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:
1. One shade tree shall he provided for every 1 875 sq. ft. All shade trees shall have an 6 ft.
clear trunk or height of 12 ft. Palm trees may he used at a ratio of 3 per 1 shade tree, but
in no instance shall the front yard have less than 1 shade tree and three palms. or two
shade trees. All palms shall have a 6 ft. clear trunk or height of 14 ft.
2. In any yard, which faces a street, shrubs shall he prodded at the ratio of 20 per tree,
planted at a minimum height of 24 inches. Hedges shall he planted 24 in. on center with
a continuous. unbroken. and solid screen.
3. When the structure has a side 'v all in excess of 35 feet in length. there shall be a dense
hedge along the property line adjacent to all portions of the wall greater than 35 feet.
4. The area within 5 ft. of a side lot line that is also within 25 ft. of the rear property line
shall be planted with a dense, landscape screen at a height of 10 ft.
5. For those portions of the structure v ith a rear setback of less than 25 ft. the area within 5
ft. of the rear property line shall he planted vv ith a dense, landscape screen at a height of
10 ft.
6. In -ground irrigation system shall he provided.
Section 5: That Section 30-103, "Hotel Resort District," of Article V, "Schedule of
District, Use, and Development Regulations," of Chapter 30 "Zoning," of the Code of the Village of
Key Biscayne as follows:
33
Sec. 30-103. Hotel Resort District.
(a) Purpose and Uses:
District Purpose
Main Permitted
Uses
Conditional
Uses
Accessory Uses
Prohibited Uses
This district is
designed to promote
the development of
ocean resort hotels
and multiple family
residences.
Hotel
Apartment
Building
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:
*
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, envelop and with the same or fewer numher of units than existed prior to the
natural disaster or other casualty.
Section 6: That Section 30-112, "Supplemental Use Regulations," of Article V, "
Schedule of District, Use, and Development Regulations," of Chapter 30, "Zoning," of the Code of
the Village of Key Biscayne is hereby amended as follows:
Sec. 30-112 Supplemental Use Regulations
(f) Community residential facilities:
(1)
Single Family and PS Parl.Side Residential Districts:
a. Total number of residents and/or day users shall not exceed six (6);
h. That the applicant must obtain a license from the State regulatory agency
responsible for the regulation of such uses:
c. A Certificate of [ Ise and an Occupational License shall he required. No
issuance of said certificates; and
34
d. The care provided at the facility limited to personal care, shelter, sustenance.
Where permitted in other /oiling districts, these These facilities shall be considered
subject to the Conditional Use procedures set forth in 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 in subsections h d ahovchclow;:
a. That the applicant must ohtain a license from the State regulatory
agency responsihle for the regulation of such uses;
A Certificate of < <se and an Occupational License shall he required.
No such certificates shall he 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 he ambulatory;
(2) Site Plan Review approval as set forth in Section 30-80; and
(g)
(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.
Day Care Facilities:
(1) Single Family and PS Parkside Residential Districts:
a. Total number of children on the premises at any given time. including those
who reside in the residence, shall not exceed five (5):
b. That the age of children. excluding those of the resident family, shall not
exceed eleven (1 1) 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 an Occupational
License shall he required. No such certificates shall he issued unless the Fire
35
(2-1) Commercial, Institutional, Hotel Resort, and Planned Unit Development Districts:
Day care facilities are permitted in these districts subject to subsections (d)(1)(c d)
tihovethc restrictions helmv as either Main Permitted Uses or Accessory Uses. --Bay
Care Facilities are not permitted in any other districts.
a. That the applicant ohtain a license from the State regulatory agency
responsible for the regulation of such uses; and
h. A Certificate of Use. a Certificate of Occupancy. and an Occupational
License shall he required. No such certificates shall he issued unless the Fire
Department approves the issuance of said certificates.
(.)
If a swimming pool is on the site, refer to 30-110(0 above for fence requirements.
(-> 3) These regulations apply to those facilities that may be operating in the Village but
without any approval from the Village. These facilities are required to comply with
these regulations within 90 days from the date this ordinance is adopted. These
regulations also apply to prospective facilities.
Section 7: Severability. 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 8: Inclusion in the Code. It is the intention of the Village Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made part of the Code of
Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 9: Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who
violates any provision of the Ordinance shall, upon conviction, be punished by a fine not to
exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine
and imprisonment. Each day that a violation continues shall be deemed a separate violation.
Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as
amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief
in a court of competent jurisdiction.
Section 10: That this ordinance shall be in full force and effect upon adoption by the
Village Council on second reading. Those site plans and architectural sheet plans submitted with
36
the payment of a full building permit fee prior to the effective date, shall be processed under the
Code as it existed prior to this amendment, but shall expire if a building permit for the
construction of the residential structure is not issued by December 29, 2000. Notwithstanding
the above, any home that has not received a Certificate of Occupancy as of the date of adoption
of this ordinance (October 24, 2000) must comply with the requirements of Section 30-
100(j )(3)and(4).
PASSED AND ADOPTED on first reading this 27th day of June, 2000.
PASSED AND ADOPTED on second reading this 24th day of October 24, 2000.
C�foe! `''fr,
Meg
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND SUFFICIENCY:
RICHARD J Y WE • ` V I ' GE ATTORNEY
37
MAYOR JOE I. RASCO
Floor Area Ratio Schedule
for
Single Family and Duplex*
Description
FAR
Applicability
The FAR Bonus Schedule is only applied to new construction on vacant lots and
developments that exceed 50% of the assessed value of the building. New floor area which
does not meet this criteria shall not result in a site having a FAR that exceeds .47.
N/A
FAR Range
Base FAR PS and VR Districts One platted lot**
VE and IR Districts One platted lot**
Any district More than one platted lot**
One story home regardless of zoning district or number of plattted lots
Max. FAR Developments on one platted lot**
Developments on two platted lots**
A development may exceed the base FAR but contain no more than the maximum 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 criteria.
.30
.36
.13
.36
.47
.35
FAR
Reduction
VR and PS Districts: Designs that do not receive bonuses 3 and 11
VE and IR Districts: Designs that do not receive bonus 11
-.10
-.10
Site Plan
The FAR bonus must be listed on the site plan page and approved by the
plans reviewer and the Building, Zoning, and Planning Director.
Not
applicable
Certificate of
Occupancy
Completion
No Certificate of Occupancy or Completion shall be issued unless the completed
development includes each of the bonuses listed on the approved site plan.
Not
applicable
Bonus Criteria
How to Calculate/Explanation
Maximum
FAR
1. Porch facing a street
.00005 per sq. ft. of floor area on the porch
.03
2. Open and unenclosed balconies
located above the first finished floor
.00005 per sq. ft. of floor area on the balcony
.03
3. Building located 15-20 ft. from the
.001 per linear ft. of frontage of a wall that is located 15-20 ft.
.03
front property line
from the front property line
4. Building located within 15-20 ft. of
.001 per linear ft. of frontage of a wall that is located 15-20 ft.
.03
the rear property line
from the rear property line
5. Garage and carport containing 2 or
more vehicles parked parallel with
an exterior column separating each
of the spaces
Formula not required to determine this bonus
.03
6. Single story home
Formula not required to determine this bonus
.03
7. Combination one and two story
Second floor occupying less than 50% of the floor area of the
.10
home
first floor under roof
8. Entrances to parking garage
Interior Lot: Placed in a location that does not face the street
.02
Corner Lot: entrance from a sideyard
.02
9. Location of windows
Windows located above the first floor which face an adjacent
building. These windows must be at least 5 ft. above the
finished floor.
or
.01
N
No windows facing an interior side property line
.03
10. Sideyard setback
VR and PS Districts: .00005 per sq. ft. that exceeds the
required yard
VE and IR Districts: 15 ft. setback
.03
.03
11. Front building walls
VR and PS Districts: structures that provide a front yard
setback of less than 25 ft. which have a
roof at least 3 ft. lower than the roof of the
main building
.03
VE and IR Districts: a portion of the building having a length of
at least 10 ft. with a front yard setback that
exceed the required 25 ft. (.0002 per sq.
ft)
.03
12. Reduction in building heights
.006 per ft. below the maximum height permitted
.03
*This schedule summarizes the FAR Bonuses which are listed in Section 30-100(b).
**Platted as of the effective date of this ordinance (October 24, 2000)