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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. " " " 11, " " 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)