HomeMy Public PortalAbout2021-08 Updating and revising Chapter 30 Zoning and Land Development Regulations of the Village Code of Ordinances.pdfO RD IN A N C E N O . 2 0 2 1-0 8
A N O RD IN A N C E O F T H E V IL L A G E O F K E Y B IS C A Y N E ,
F L O RI D A , C O M P R E H E N S IV E L Y U P D A T IN G A N D
R E V IS IN G C H A P T E R 3 0 , "Z O N IN G A N D L A N D
D E V E L O P M E N T RE G U L A T IO N S " O F T H E V IL L A G E
C O D E O F O RD IN A N C E S ; P R O V ID IN G F O R
S E V E RA B IL IT Y ; P R O V ID IN G F O R C O D IF IC A T IO N ;
P R O V ID IN G F O R C O N F L IC T S ; A N D P R O V ID IN G F O R
A N E F F E C T IV E D A T E .
W H E RE A S , the Village of Key Biscayne (the "Village") has adopted Zoning and Land
Development Regulations in order to promote the health, safety, order, convenience, comfort,
and general welfare of the public, and to promote and preserve the character and ecological
quality of the Village as articulated in the Village's Comprehensive Plan; and
WHEREAS, the Village Council desires to comprehensively update and revise the
Village's Land Development Regulations of the Village Code to address various community
needs;and
WHEREAS, the Village Council, sitting in its capacity as the Local Planning Agency,
has reviewed this Ordinance and recommends approval; and
WHEREAS, the Village Council finds that this Ordinance is in the best interest of the
Village's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1.
incorporated herein by this reference.
Recitals. The above-stated recitals are true and correct and are
Section 2 .. · Amending Chapter 30 of the Village Code. That the Code of Key
Biscayne, Florida is hereby amended by comprehensively updating and revising Chapter 30,
"Zoning and Land Development Regulations," as set forth in Exhibit "A" attached hereto and
incorporated herein.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any Section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
1 C od ing : Strikethro ugh v,ords are deletions to the existing w ords. U nderlined w ords are additions to the existing w ords. C hanges
betw een fi rst and second reading are ind icated w ith fhiulil.i strik~~fmt gh and double underline
Page 1 of 41
S e c ti o n 4 . C o d ifi c a ti o n . That it is the intention of the Village Council an d it is
hereby ordained that the provisions of thi s Ordinance shall become and be made a part of the
Village's Code of Ordinances, an d that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 5. Conflicts. That all ordinances or part s of ordinances, resolutions, or part s
of resolutions, in confl ict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. Th at this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the 24th day of A=-=-=u=-gu=s=t __ _,, 2021.
PASSED AND ADOPTED on second reading on the 26th day of October , 2021.
ATT EST:
APPROVED AS TO FORM AND LEGALITY:
WE ISS SEROTA HELFMAN COLE & BIERM AN, P .L.
VILLAGE ATTORN EY
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EXHIBIT A
1
2
Chapter 30 - ZONING AND LAND DEVELOPMENT REGULATIONS
* * *
3 ARTICLE III. - GENERAL PROVISIONS
4 * * *
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Sec. 30-30. - Nonconforming Structures and Uses.
It is the purpose and intent of the Regulations within this section to provide procedures
whereby lawful Nonconforming Structures and Uses as defined may be maintained where such
maintenance will not have a detrimental effect upon other Persons or property within the
vicinity, and in so doing to bring such Uses and Structures up to present standards to the
maximum possible extent.
(1 ) Nonconforming Use. A lawful Nonconforming Use may be continued, although such
Use does not conform to the Regulations of the applicable zoning district. Any such Use
shall only be changed to a permitted Use. A Nonconforming Use shall not be expanded.
If such Nonconforming Use is discontinued for a period of six months, any further Use
of said Building or land shall be in conformity with the Regulations of the applicable
zoning district.
(2) Nonconforming Building or Structure. A lmvful nonconforming Building or Structure
may be utilized for any Use v1hich conforms to the Regulations of the applicable zoning
district within which the Building or Structure is located, provided that: ( 1) no structural
Alterations, except those required by lav,r, are made to the Building or Structure; or (2)
the use of the nonconforming Building or Structure is not discontinued for a period of
six months.
(a) To prevent changes in regulation from unduly burdening property owners, legally
established Nonconforming Structures may continue to be used and maintained.
Expansions, repairs, alterations, and improvements to Nonconforming Structures
shall be permitted only in accordance with the following provisions:
(i) Internal and external repairs, alterations, and improvements that do not
increase the square footage of the Nonconforming Structure shall be permitted
subject to the requirements of the Florida Building Code and Chapter 10 of the
Village Code.
(ii) Expansions to a Nonconforming Structure shall be permitted as follows:
(a) If the total square footage of the proposed improvement is less than 50
percent of the structure's net square footage at the time it became
nonconforming, the improvement shall comply with current regulations.
(b) If the total square footage of the proposed improvement is equal to or
exceeds 50 percent of the Structure's net square footage at the time it
became nonconforming, the entire Structure and site improvements shall
be brought into compliance with current regulations.
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(c) Once the cumulative total of additional square footage of improvements
equals 50 percent of the structure's net square footage at the time it
became nonconforming, no additional expansions shall be permitted and
the entire Structure and site improvements shall be brought into
compliance with current regulations.
(d) For the purposes of this Section, net square footage shall refer to the
square footage indicated on the building permit or determined through
equivalent evidence such as aerial photographs, tax roll information,
certificates of use or occupancy, or design professional certifications.
(b) If a Nonconforming Structure is deemed unsafe pursuant to Chapter 8 of the
County Code and demolition is required, the Building or Structure shall be rebuilt
in accordance with current regulations.
(c) In addition to the requirements of this Section, a lawful Nonconforming Structure
may be utilized for any Use that conforms to the Regulations of the applicable
zoning district within which the Building or Structure is located, provided that the
use of the Nonconforming Structure is not discontinued for a period of six months.
(d) If a Nonconforming Structure is damaged by fire, flood, explosion, wind, war, riot
or any other act of God, repairs shall be subject to the following provisions:
(i) If the repair/replacement cost is less than 50 percent of the Market Value, the
Nonconforming Structure may be reconstructed up to the same Building height
and within the same Building footprint existing prior to the damage, provided
that an application for final Building permit has been submitted within 12
months of the date of such damage unless extended by the Building, Zoning,
and Planning Director.
(ii) · If the repair/replacement cost is equal to or exceeds 50 percent of the Market
Value, the Nonconforming Structure shall be brought into compliance with
current regulations.
(iii) For purposes of this subsection, the term "market value" refers to the market
value of buildings and structures, excluding the land and other
improvements on the parcel. Market Value may be established by a qualified
independent appraiser using the comparative sales method, Actual Cash
Value (replacement cost depreciated for age and quality of construction), or
tax assessment value adjusted to approximate market value by a factor
provided by the Property Appraiser.
A1aintenance and repairs. Necessary maintenance and repairs may be made to any
nonconforming Building or Structure, provided no structural Alterations are made, and
further provided that ~uch work in any 12 month period does not exceed 50 percent of
the value of such Building or Structure as shovm on the County tax assessment records
or as established by an independent appraiser 1.vho is a designated member of any
nationally recognized professional appraisers organization. [Reserved].
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79 ( 4) Compliance with Regulations. Nothing in this section shall diminish the responsibility
80 of an owner to maintain his Use or Structure in full compliance with all other Village,
81 County, State or federal Regulations or licensing procedures.
82 (5) Establishment of nonconformity. For the purpose of this section, the mere possession
83 of a valid approval to Use land or Buildings or valid license to do so without actual
84 demonstrable Use of such land or Structure is an insufficient basis to establish lawful
85 nonconformity.
86 Sec. 30-31. - Duplex Subdivision.
87 .uD. In all zoning districts within which Duplexes are permitted, the property owner may file an
88 application with the Building, Zoning, and Planning Director to subdivide an otherwise
89 legally sited Duplex Structure into two separate own erships. The Director shall review the
90 application based upon the criteria set forth below:
91 (1) The applicant has fil ed a parallel application for Subdivision of the Lot and Structures
92 into two separate single Family residential properties; and
93 (2) The Structure proposed for division is designed, sited and subdivided in a manner that
94 will not have a detrimental impact on the adjoining property or character of the
95 surr ounding area. Should the Building, Zoning and Planning Director deny the request,
96 the applicant may fil e an appeal of an administrative decision.
97 (b) Covenant in Lieu of Unity of Title. Notwithstanding the provisions of subsection (a), in all
98 zoning districts within which Duplexes are permitted, the property owner may request a
99 Covenant in Lieu of Unity of Title with the Building, Zoning, and Planning Director and
100 shall provide a declaration of restrictive covenants, approved for legal form and sufficiency
101 by the Village Attorney, which shall run with the land and be binding upon the heirs,
102 successors, personal representatives and assigns, and upon all mortgagees and lessees and
103 others presently or in the future having any interest in the property. To the extent applicable,
104 the declaration shall contain the following necessary elements:
105 (1) The subject site will be developed in accordance with the approved site plan. No
106 modification shall be submitted to the Village for approval without the written consent
107 of the then owner(s) of the phase or portion of the property for which modification is
108 sought.
109 (2) If the subject property will be developed in phases, that each phase will be developed
110 in accordance with the approved site plan.
111 (3) In the event of multiple ownerships subsequent to site plan approval, that each of the
112 subsequent owners shall be bound by the terms, provisions and conditions of the
113 declaration of restrictive covenants. The owner shall further agree that he or she will not
114 convey portions of the subject property to such other parties unless and until the owner
115 and such other party (parties) shall have executed and mutually delivered, in recordable
116 form, an instrument to be known as an "easement and operating agreement" which shall
117 contain, among other things:
118
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a. Easements in the common area of each parcel for ingress to and egress from the
other parcel;
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O R DI NANC E NO . 2021-08
EXH IB IT A
b. Easements in the common area of each parcel for the passage and parking of
motor vehicles;
c. Easements in the common area of each parcel for the passage and accommodation
of pedestrians;
d. Easements for access roads across the common area of each parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
f. Easements on each such parcel for construction of Buildings and improvements
in favor of each such other parcel;
g. Easements upon each such parcel in favor of each adjoining parcel for the
installation, use, maintenance, repair, replacement and removal of common
construction improvements such as footings, supports and foundations;
h. Easements on each parcel for attachment of Buildings;
1. Easements on each parcel for Building overhangs and other overhangs and
projections encroaching upon such parcel from adjoining parcels for marquees,
canopies, lights, lighting devices, awnings, wing walls and the like;
J. Appropriate reservation ofrights to grant utility easements;
k. Appropriate reservation ofrights to road right-of-ways and curb cuts;
1. Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
m. Appropriate agreements between the owners of the several parcels as to the
obligation to maintain and repair all private roadways, parking facilities, common
areas and common facilities and the like.
In addition, such easement and operating agreement shall contain such other provisions
with respect to the operation, maintenance and development of the property as agreed to
by the parties, to ensure that although the property may have several owners, it will be
constructed, conveyed, maintained and operated in accordance with the approved site
plan. Non-use variances created solely by separate ownerships, pursuant to this section,
shall be waived.
(4) Duration arid Release. The declaration of restrictive covenants shall be in effect for a
period of 30 years from the date the documents are recorded in the public records of Miami
Dade County, Florida, after which time they shall be extended automatically for successive
periods of ten years unless released in writing by the owners and the Village Manager, upon
the demonstration and affirmative finding that the same is no longer necessary to preserve
and protect the property for the purposes herein intended.
(5) Enforcement. Enforcement of the declaration of restrictive covenants shall be by action
at law or in equity with costs and reasonable attorney's fees to the prevailing party.
* * *
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ORDINANCE NO. 2021-08
EXHIBIT A
Sec. 30-34. - Building permits and survey requirements.
All applications for building permits shall be accompanied by a survey and Site Plan drawn
to scale showing the actual dimensions of the Lot to be built upon, the size of the Building to be
Erected, the Setback lines observed, and such other information as may be requisite and
necessary to provide for the enforcement of the criteria contained in these Regulations'. Site Plans
shall be accompanied by a current survey, which shall be less than two· years old for single
family residential properties and less than three years old for all other properties. The survey
shall contain a legal description of the property; all property lines; adjacent street edge of
pavement; spot elevations at all property corners and at crown of road; easements or other
encumbrances; fences or walls; and any other existing site feature, including trees, as applicable.
If the survey is older than that required by this section, but conditions depicted are current, the
applicant or authorized agent may submit a notarized affidavit in a form approved by the Village
Attorney in lieu of a new survey. An updated survey must be submitted at the time of setback
inspection and an as-built survey must be submitted at Final Inspection. A record of such
application and copy of the survey and Site Plans shall be kept by the Building, Zoning, and
Planning Director Depaiiment and available for public inspection.
* * *
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EXHIBIT A
177 ARTICLE IV. - ADMINISTRATION OF THE ZONING ORDINANCE
178 * * *
179 Sec. 30-64. - Supervisory Variances.
180 The supervisory Variance procedure shall be used for a Variance from these Regulations,
181 limited to improvements existing at the time of application as opposed to planned construction
182 and· involving the following matters exclusively: Setbacks, spacing of Buildings, height of
183 Structures, Maximum Lot Elevation, Floor Area Ratios, Lot Coverage, Pervious Area, and
184 Parking. The supervisory Variance procedures may only be used for applications that receive the
185 approval of the Building, Zoning, and Planning Director and are subject to the following:
186 (1) The Building, Zoning and Planning Director shall have the authority to waive up to
187 two feet or ten percent, whichever is greaterless, of the required Setbacks-Lot
188 Coverage, Pervious Area, spacing between Buildings, or Parking; or may permit an
189 additional two feet or ten percent, whichever is less, of Floor Area Ratio, Lot Coverage,
190 Maximum Lot Elevation; or may permit additional height of Structures not exceeding
191 six inches for projects that have been completed or fil'Q under construction (see
192 paragraphs (3) and (4) below). Applicants are restricted to current property owners.
193 (2) The applicant shall provide a Written statement from the Abutting Property owner
194 consenting to the \Vaiver. There shall be no other notice requirement. The Applicant
195 shall notify each. adjacent or abutting Property owner of the application on a form
196 provided by the Village. The Village may not act on or make a decision on the
197 application until at least 15 days after receipt of the documentation needed as part of
198 this subsection.
199 * * *
200 Sec. 30-65. - Administrative Variances.
201 (a) The administrative Variance procedure shall be used for a Variance from these Regulations
202 limited to improvements existing at the time of application as opposed to planned or pending
203 construction and involving the following matters exclusively: Setbacks, spacing of
204 Buildings, height of Structures, Maximum Lot Elevation, Floor Area Ratios, Lot Coverage,
205 Pervious Area, and Parking. The administrative Variance procedures may only be used for
206 applications that receive the approval of the Building, Zoning, and Planning Director. The
207 maximum amount of the waiver is 20 percent of the requirement. Notwithstanding, for
208 height of Structures, the maximum waiver shall be for additional height not exceeding 12
209 inches.
210 (b) An application for an administrative Variance shall be made by the fee owner of the
211 property on a form prescribed by the Building, Zoning and Planning Department and shall
212 be submitted to the Building, Zoning and Planning Department, together with a processing
213 fee that shall be set and may be amended from time to time by the Village Council. The
214 application shall include a reeent survey of the property, an accurately dimensioned Site
215 Plan showing the existing Structures on the subject property, the general location and Use of
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216 existing Stru ctures on the A djacent Pro pert ies fr om w hich the non-use V ariance is being
217 requested and a letter of intent explaining the reason and ju stifi cation fo r the non-use
218 V ariance. T he application shall be accom panied by :
219 (1) T he W ritten con sent of all the ow ners of all adjacent or abutting Lots to the subj ect
220 pro perty , in cl u din g Lots im m ediately acro ss the Str eet fr om the subj ect pro perty; an d
221 C onfi rm ation of A pplicant's notifi cation to each adjacent or abuttin g Pro perty O wn er of
222 th e app lication on a fo rm pro vided by the V ill age. Th e V ill age m ay not act on or m ake a
223 decision on the application until at least 15 days aft er receipt of the docum entation
224 needed as part of this subsection .
225 (2) T he W ritten con sent of all utilities and/or Easem ent holders if the pro posed w ork
226 encro aches into any Easem ents.
227 (3) N o other fo rm of public notice is required .
228 A dm in istra tive V ariance application s shall not be pro cessed unless and until all the
229 info rm ation set fo rt h in this subsection (b) is delivered to the D irector of the B u ilding,
230 Z oning and Plann in g D epartm ent.
231 ( c) U pon receipt of the com pleted application fo r the adm inistra tive V ariance, the D irector of
232 the B uildin g, Z on ing and Plann in g D epart m ent, prior to m aking his or her decision, shall
233 in spect or shall have a staff m em ber of the depart m ent inspect the subject pro pert y and its
234 surroundin g pro pert ies to determ ine w hat im pact, if any, the pro posed request w ill have on
235 the area. T he applican t shall subm it a petition fr om the residents an d/or ovm ers of the
236 A djacent Pro pert ies incl udin g the pro pert y or pro pert ies imm ediately acro ss all adjacent
237 St re ets, at testing to their ap pro v al of the adm inistrat ive V ariance. The B uilding, Z oning and
238 Plann ing D epart m ent shall determ ine 1.v ho is re quired to sign th e petition .
239 ( d) U pon receipt of all necessary info rm ation incl u ding a staff report, the D irector of the
240 B u ilding, Z on in g and Plann ing D epart m ent shall review the in fo rm ation and render his or
241 her decision either appro v in g, appro v ing w ith m odifi cation s, or denying the request. A copy
242 of said decision shall be published in a new spaper of gen era l circulation in the V illage. A
243 court esy notice contain ing the decision of the D irector of the B uildin g, Zoning and Plann ing
244 D epart m ent shall be m ailed to adjacent Pro perty ow ners of record, their tenants or their
245 agents, as noted on the application . T he fa ilure to m ail or receive such court esy notice shall
246 not affect any action or pro ceedin gs taken hereunder. In gra ntin g any adm inistra tive
247 V ariance, the D irector of the B uildin g, Zon in g and Plann in g D epart m ent m ay prescribe any
248 appro priate con dition s and safe guards he m ay fe el necessary to pro tect and fu rt her the
249 interest of the area and adjacent Pro pert ies.
250 ( e) T he applicant or any aggrieved pro pert y ow ner m ay appeal the decision of the D irector of
251 the B u ilding, Z onin g and Plann ing D epar tm ent to the V illage C ouncil w ithin 15 days fr om
252 the date the decision is. published . A building perm it shall not be issued until the appeal
253 period has expired. In the event the D irector of the B u ildin g, Zon in g and Plann ing
254 D epart m ent shou ld determ in e that the pro h ibition of issuin g a building perm it could cause
255 im m in ent peril to life or pro pert y, the D irector m ay perm it the issuance of a building perm it
256 upon su ch con dition s and lim itation s, in cl uding the fu rn ishin g of an appro priate bon d, as
257 m ay be deem ed pro p er under the circum stances. A ll appeals hereunder shall be in the fo rm
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258 prescribed by the Village Manager and shall include a processing fee which shall be set and
259 amended from time to time by the Village Council.
260 (f) A request for judicial review of a decision of the Village Council shall be made in a court
261 of competent jurisdiction.
262 * * *
263 Sec. 30-67. - Summary of Variance Regulations.
Regulation Supervisory Administrative Regulatory
Variance: Variance: Variance
-·- ;,.__. __ -- ----- ~- -
Setbacks, spacing of Setbacks, spacing of
Buildings, height of Buildings, height of All Variances
Variance relating to: Structures, Maximum Lot Structures, Maximum Lot (excluding
Elevation, Floor Area Elevation, Floor Area Ratios, Use, Density,
Ratios, Lot Coverage, Lot Coverage, Pervious and Signs)
Pervious Area, Parking Area, Parking
--
2 ft. or < 10% of
requirement, whichever is > 10% but < 20% ;
% or footage that less;
additional height of Any percentage may be waived additional height of Structures not exceeding 12
Structures not exceeding 6 inches
inches
Requires Building,
Zoning, and
Planning Director Yes Yes No
approval prior to
processmg
- -·- ---~---·· --
Apf)fff'<'al ef
16£Eljaeeat Prnpeftj' ¥es ¥es Ne ewaer aearnst te
reEJ:Hest
Appre'1:al ef all
AEljaeeat Prepeftj• Ne ¥es Ne
ewners (petitiea)
·----- --- .
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~-------~-------~· --·----~--------------------~---------,
Mailed notice to
property owners
within 300 ft. of
property which is
subject of the
application
No; however,
see Sec. 30-64(2)
I Notice in newspaper I
No; however,
see Sec. 30-65(b)(l) Yes
I Posting of property I
I Appeal to I
,-Ye;---
No ,_I - -- Y-;.- - ~
---------r--------- 4- ----
No Yes
No
Village Council Village Council Court
264
265
266
267
268
*Limited to improvements existing at the time of application as opposed to planned or pending
construction.
* * *
ARTI CLE V. - SCHEDULE OF DISTRICT, USE, AND SETBACK RE GULATIONS
Sec. 30-10 0. - Single Family and Two-Family districts.
269 (a) Purpose and Uses.
District Purpose Main Permitted Conditional Uses Accessory Uses Uses
These districts are
designed to
protect the
character of VR, VE, and IR Any Use that is Single Family and Districts: Single customarily Two-Family Family Dwelling associated with homes and to None the Main regulate PS District: Permitted Use Development Single Family and (see section 30- within the district Two-Family 111 ). as it relates to attached Dwelling
neighboring
properties and
adjacent streets.
'-·•
__ r Prohibite~~se;-
Any Use not
listed as a Main
Permitted Use,
Conditional Use,
or Accessory Use
(see section 30-
113).
270
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271 (b) Development Regulations. 1;~;ge ___ r -- --·-
VR IR PS
Regulation V ill age Island Parkside
Residential Estate Residential Residential
·----· .-- --- ~---
M inim um as M inim um as platted M inimum as M inimum as
platted " * platted" platted" L ot Fro ntage M axim um tw o M axim um tw o M axim um tw o M aximum tw o
platted Lots * platted Lots * platted Lots * platted Lots *
------- -- - -
M inimum 10,000 M inimum 10,000
sq. ft. or as sq. ft. or as platted,
platted", exce12t fo r exce12t fo r those
12ro 12erties that those 12ro 12erties that have a Single have a Single Fam ily Low Fam ily Low D ensity M inim um 7,500 D ensity Residential M inimum 7,500
Residential Future sq. ft . or as platted Future Land U se sq. ft. or as platted
Land U se M aQ • *
Lot Area M aQ designation in designation in the M axim um tw o the Com 12rehensive M aximum tw o
Com 12rehensive platted Lots as of Plan, w hich shall be platted Lots as of
Plan, w hich shall October 24, 2000 * a m inim um of October 24, 2000 *
be a m inim um of 15,000 sg. ft. or as 15,000 sg. ft. or as 12latted. * 12latted.*
M axim um tw o M axim um tw o platted Lots as of platted Lots as of October 24, 2000 * October 24, 2000 *
M inim um
Pervious 30% 30% 30% 30% Area(% of
Lot)
272
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273
·----------- --·-- -- --- ---
Existing One Story residences, 45%
Existing Multistory residences, 35%
New One Story residences, base 38%.
Bonus for rainwater harvesting and re-use for irrigation in a concealed cistern,
rain barrel, water reuse system, or engineered drainage system, calculated as
follows: ***
For lots less than or egual to 8,000 sg. ft., 3% for an 800 gallon capacity and
additional 1 % for each additional 200 gallon capacity up to a maximum of 7%;
For lots greater than 8,000 sg. ft., 3% for a 1,200 gallon capacity and additional
Maximum 1 % for each additional 250 gallon capacity up to a maximum of 7%.
Lot Coverage In no event shall the maximum lot coverage for a new one story residence,
inclusive of these bonuses, exceed 45%.
New Two Story residences, base 28%.
Bonus for rainwater harvesting and re-use for irrigation in a concealed cistern,
rain barrel, water reuse system, or engineered drainage system, calculated as
follows: ***
For lots less than or egual to 8,000 sg. ft., 3% for an 1,200 gallon capacity and
additional 1 % for each additional 200 gallon capacity up to a maximum of 7%;
For lots greater than 8,000 sg. ft., 3% for a 1,500 gallon canacity and additional
1 % for each additional 300 gallon canacity UQ to a maximum of 7%.
In no event shall the maximum lot coverage for a new two story residence,
inclusive of these bonuses, exceed 35%.
--·-
Maximum .47
Floor Area For new construction on vacant Lots and additions to existing buildings. the
Ratio (FAR) following shall apply:
-- ---·-
Base FAR
.30 for Developments on one platted Lot in the VR and PS districts .
.36 for Developments in the VE and IR districts .
. 13 for Developments on more than one platted Lot.
- ·-
Page 13 of 41
O R DI N A N C E N O . 2021-08
E X H IB IT A
,--------,----------- ----- - --- - ----
N otw ithstanding the above, the base FA R fo r a One Story Hom e is .36.
-- ------ -- - ----------
M axim um FA R (See FA R bonus criteria below )
.4 7 fo r Developm ents on one platted Lot. ••
.35 fo r Developm ents on tw o or m ore platted Lots.
-- -- - _+___ ---· -- ------- -- -
.65
G ro ss Floor
G ro ss floor area ra tio calc ulation shall include Balconies, Porches, garages,
C arport s, and all interior spaces that is-are air conditioned; how ever, 50% of the
A rea R atio area of fir st floor Balc onies, Porches, and Terraces shall be counted tow ards gross
floor ar ea ra tio. In no instance shall the Floor Area in the attic be included w ithin
this calculation.
---- - ----·- --· -
* Platted as of the effective date of this section (October 24, 2000).
** E xcept w here said platted lot w as created by the resubdivision (through
platting or otherw ise) of tw o or m ore platted lots, from and after October 10 ,
2006. A ny such new ly created single lot shall be deem ed to be tw o platted lots
and lim ited to a m axim um base FA R of .35.
* * * In order to gualifr fo r this Bonus, at least 50 12ercent of the roof ru noff m ust
I be ca12tured in concealed cistern , ra in barrel, w ater reuse system , or engineered
dra inage system as certifi ed by a licensed 12ro fe ssional engm eer.
N otw ithstanding, blue or green ro of areas m ay gualifr fo r a m axim um 15 12ercent
N otes short age of the m inim um 50 12ercent reguired ro of ru noff ca12ture area. Gra ding
and dra inage ,Qlans m ust be 12re12ared by a 12ro fe ssional engineer, registered
architect or registered landsca12e architect and shall be subm itted to the Building
D e12artm ent at the tim e of a,Q,Qlication for a building 12erm it. Gra ding and drainage
,Q lans shall be based on a one-inch ra instorm retention. Dra inage calculations,
contour s, S,QOt. gra de elevations, and any 12ro 12osed regra ding of the site shall be
shown on the ,Qlans. The fo llow ing ru noff co-effi cient shall be used in calculating
reguired retention volum e:
• R oof, drivew ay, concrete, 12001: 0.95
• Pervious 12avem ent, gra vel: 0.20
• Landsca12e: 0.1 0
·---- ----- -----
274 A D evelopm ent m ay exceed the base FA R up to and lim ited by the m axim um base FA R as
275 set fo rt h above, subject to an adm inistra tive determ ination by the Building, Zoning, and Plann ing
276 D irector that the design m eets one or m ore of the FA R Bonus criteria identified below (FA R
277 B onus C riteria).
278 The FA R bonuses, if any, m ust be listed on the Site Plan page and appro ved by the plans
279 review er and the B uilding, Zoning and Plann ing Director. N o certificate of occupancy or
280 com pletion shall be issued unless the com pleted Developm ent includes each of the bonuses listed
281 on the appro ved Site Plan and the 12ro 12erty ow ner executes and records a Restrictive Covenant in
Page 14 of 41
O R DI N A N C E N O . 202 1-0 8
EXHIBIT A
282 a fo rm appro v ed by the V ill age A ttorn ey that each bonus shall be continually and pro perly
283 m aintained . Wh ere a bonus is rem oved, altered, or dam aged, the V illage shall not issue any
284 fu rt her B u ildin g perm its until such tim e as the ow ner pro vides evidence of com pliance w ith the
285 appro ved site plan and the pro visions of this Section.
286 VR and PS Districts: D esigns that do not receive both bonuses 3 and 11 shall be assigned a
287 m inus .1 0.
288 VE and IR Districts: D esigns that do not receive bonus 11 shall be assigned a m inus .10.
- ----- - - - - -- --
FA R BO N U S CRI TERI A
(a m inim um of 2 bonuses fr om C ategories 2 thr ou gh B ase FA R Increase
4 m ust be utilized prior to using any C ategory 1
bonuses)
-
CA TEG O R Y CO M M U N ITY CH A RA C TER 1
--
Porch fa cin g a Street w hich m eets the fo llow ing
m inim um standards: depth 4 ft and length 8 ft ., .00005 per sq. ft . of Floor
1. m inim um Floor A rea 12 0 sq. ft ., @hwati€Hl shaH B@t A rea to a m axim um of
~oo@a th@ Bas@ Fl@@a El@vati@B, steps setback 5 ft . .03 FA R increase
fr om any pro pert y line.
-· ---- -· ·-- - ~
O pen and unencl osed balc onies located above the .00005 per sq. ft . of Floor
2. A rea to a m axim um of fir st finished fl oor .03 FA R increase
'
. 006 fo r every fo ot the
3. Fro nt yard setback bonus M ain Perm itted U se is
setback less than 20 ft . to
a m inim um of 15 ft.
-- --
a. Garage or Carport containing two or more vehi:sr
4. parked para ll el w ith an e,tterior colum n separa ting .02
each of the spaces; or, altern atively,
b. G ara ge or C arp ort containing tw o vehicl es parked
para ll el w ithout a colum n separa ting each of the .02 spaces havin g a w idth no greater than 22 fe et
m easur ed fr om the exterior.
--·
I 5. Single Story H om e .03
I ----- - ·-·---- -- ~ -T 6. C om bination O ne and Tw o Story H om e w ith the .10
second floor occupying less than 50 percent of the ----
Page 15 of 41
O R DI NA NC E NO . 2021-08
EXH IB IT A
I I
- ·- -- - --1 Floor A rea of the fir st fl oor under ro of
I -------- I
I 7.
I
E ntra nces to Parking gara ges: l I
I
I
Interior Lot: placed in a location that does no.t r7 .03
the Street.
I
I I
C orn er Lot: entra nce in a Side Y ard _1_ .03
a. A ll w in dow s above the fir st fl oor fa cing an
8. adjacent B u ildin g side pro pert y w hich are fi ve ft . .01 per side to a
above the fi n ished floor or all w indow s above the first m axim um of .02
floor are tra nslucent; or, altern atively, *
--- ---- ~- - --· --
b..,_ eF if all B H ilding W alls aleng the inteFieF side ef a .WU per hom e side to a prn pert y de net have w indev,rs all w indow s fa cing an m axim um of .03 interior side pro pert y line are tra nslucent *
------·---- --- 1 ~ Sid e Y aFd Setback w hich : .0001 per linear fo ot w ith
O utside m oldings or reveals a .02 m axim um
,-- I -
a. E d th • d y d +0005 per eaeh sq. ft . to xeee s e rn qm Fe af • f 03 am m nm um e .
I b. H as a m in im um 15 ft . Side Y w d Setback ~
I -~-..... ·-- - ~~---
.003 fo r every fo ot the
10. R ear yard setback bonus M ain Perm itted U se is
setback less than 20 ft. to
a m inim um of 15 ft.
V R an d PS D istricts: Stru ctur es that pro vide a fr ont
11. Setback of less than 20 ft . w hich have a ro of at least .03
three ft . low er than the ro of of the m ain Stru ctur e
-
IR and V E D istricts: A portion of the B uilding having .0002 per sq. ft., a length of at least ten ft . w ith a Fro nt Y ard Setback m axim um .03 that exceeds the required 25 ft . Setback
I I
.006 per fo ot or fraction
12. R eduction in B u ilding H eight. thereof w ith a m axim um
of .03
Page 16 of 41
O R D IN A N C E N O . 202 1-08
EXHIBIT A
ICATE~ORYI
;-------------------·-·---------
_______ _,,__ _
RE N E W A B L E E N E R G Y
13. Reveals Solar panels that are screened from the
public right of way
C A T E G O R Y
J
14.
----- ----~----- -- --.-----
RE SIL IE N C Y
.001 per sq. ft. with a .02
maximum
minimum of 4kW for a
.01; each additional kW
.005 with a maximum of
.03
----· --- - . ----- --
Outside Moldings with a minimum width of 4 inches. .OOOl per linear ft. with a
.02 maximum
Florida Friendly Landscaping
(native, drought, and salt tolerant) in accordance with .o3 for SO% of planting
sec. 373.185(1)(b), Fla. Stat. requirement
jcATEGORY STORMWATERDRAINAGE I --
H-5 R_o_o_f_~_r_d_e_n_o_r_ro_o_ft_o_p_b_u_i_tt_~--n-p-1-~-t-e-~-~~~---_-_L--o-0_3_p_cr~o-%-o-fro~-~
I ~ I Side Yard Setback which:
a. Exceeds the required Yard; or .00005 per each sq. ft. to
a maximum of .03
b. Has a minimum 15 ft. Side Yard Setback .03 (credit for one side
only)
28 9 .L=Notwithstanding the foregoing, this bonus is only applicable within 20 feet of the adjacent side
29 0 property line.
29 1 (c) Building and Wall height.
29 2 (1) Maximum Building Height is 35 feet. The height of a Building shall be its overall
29 3 height measured from the Base Flood Elevation to the highest point of the Building roof
29 4 for Elevated Homes and from the crown of a road to the highest point of a roof for Non-
29 5 Elevated Homes. Maximum number of stories shall not exceed two above the Base
29 6 Flood Elevation; provided that one additional story is permitted subject to the
29 7 following:
Page 17 of 41
2 9 8
2 9 9
30 0
30 1
ORDINANCE NO. 2021-08
EXHIBIT A
a. The maximum Floor Area shall not exceed 15 percent of the Floor Area of the
Main Permitted Use or 600 square feet whichever is smaller.
b. The second story tie beam shall be no higher than 27 feet above the Base Flood
Elevation.
30 2 (2) Maximum exterior Wall height, length, and elevation of the lowest floor.
30 3 a. The maximum exterior Wall height for a one Story Structure is 15 feet; however,
30 4 nothing herein shall prevent vaulted or clearstory Walls with a maximum height of
30 5 22.5 feet.
306
307
308
309
310
311
312
313
314
31 5
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
b. The maximum exterior Wall height is 22.5 feet above the Base Flood Elevation for
Elevated Hornes and the lowest floor for Non-Elevated Hornes. The maximum
exterior wall height may be increased six-inches for every one-foot that the lowest
floor is above Base Flood Elevation not to exceed 24.5 feet.
c. The maximum Wall height may be increased at a ratio 8:12 (up to 27 feet Wall
height), as the Wall is Setback from the minimum Setback line.
d. Twenty-five percent of each entire exterior Wall shall have a setback that is at least
three feet greater than the remaining portion of the Wall the surface area of any
exterior Wall or facade exceeding 35 feet in length shall be setback a minimum of
two feet. Terraces, Balconies and/or Porches shall not be counted in determining
the length of the Wall.
e. Walls above 22.5 feet shall have a minimum of 60 percent of the surface open.
[Reserved.]
f. If a Wall facing a yard exceeds 22.5 feet in height, an architectural feature that
projects at least hvo feet, but not more than four feet, from that Wall shall be placed
at or below the 22.5 feet elevation. The architectural feature shall extend around the
entire structure if the design permits this to occur. [Reserved.]
g. The manimum elevatitHl @f the 1@1.vest ·foiishe~ il@@r minimum finished floor
elevation shall be the Base Flood Elevation, plus four foet Ecxcept for garages,
which may have a ceiling above the Base Flood Elevation with a height of seven
feet and· six inches from the finished floor elevation. N@ m@¥e thaa SQ ~erneat @f
the il@@f 111a.y @e at that elevati@a.
h. Understory Area.
1. Understory area(s) shall be used only for open air activities, parking, building
access, mechanical equipment, and storage. Such areas shall be designed and
maintained to be free of obstructions and shall not be enclosed and/or air
conditioned at any time with the exception of limited access areas to the first
habitable floor. However, understory area(s) below the lowest habitable floor
can utilize non-supporting breakaway walls, structural walls or columns, open
wood lattice work, louvers, or similar architectural treatments, provided they
are open a minimum of 50 percent on each side.
2. · All unenclosed, non-air-conditioned areas located directly below the first
habitable floor shall not count in the unit size calculations.
Page 18 of 41
3 3 9
3 4 0
3 4 1
3 4 2
3 4 3
3 4 4
3 4 5
3 4 6
3 4 7
3 4 8
3 4 9
3 5 0
3 5 1
3 5 2
O R DI NA NC E NO. 2021-08
EXHI BI T A
3. Understory building access. Enclosed, air-conditioned elevator and stair
vestibules for access to the first habitable level of the home shall be permitted
under the first habitable floor and shall be located as close to the center of the
floor plan as possible and be visually recessive such that they do not become
ve11ical extensions of exterior building elevations. The total area of enclosed
and air-conditioned building access shall be limited to no greater than three
percent of the lot area. All air-conditioned floor space located directly below
the first habitable floor shall count in the total unit size calculations.
4. Parking, including required parking, may be provided within the understory
area, and shall be clearly delineated by a different surface finish or bollards.
No parking or vehicle storage shall be permitted within a required yard.
5. Conduits for lighting, sprinkler, piping, plumbing, and electrical, and all other
building services, shall be concealed from view from the right of way by
architectural methods.
353 6. Understory ground elevation and materials. The minimum elevation of the
354 understory ground shall be constructed no lower than one foot above the crown
355 of road. All portions of the understory area that are not air-conditioned shall
356 consist of pervious or semi-pervious material, such as wood deck, gravel or
357 pavers set in sand. Concrete, asphalt, and similar material shall be prohibited
358 within the non-air-conditioned portions of the understory area.
359 Notwithstanding the foregoing. concrete on areas may be permitted where no
360 more than two cars can fit (maximum 500 square feet) for the pumoses of
361 p__arking cars only.
362 (3) Maximum e_Elevation of an entrance to the Main Permitted Use in the front or side
363 yard facing a street is-the-shall be at Base Flood Elevation or above.
364 (4) Exceptions to the maximum height requirements.
365 a. Chimneys, flag poles and ornamental towers: Ten feet above the highest point of
366 the roof. The floor area of the ornamental towers shall not exceed 25 square feet.
367
368
369
370
371
372
373
374
375
376
377
b. Mechanical equipment, HV AC, and elevators: Ten feet above the highest point of
the roof and shall be completely structurally screened from a viev, measured at the
front property line on the opposite side of the Street from the Structure a minimum
of 12 inches above the top of unit(s). Elevator towers shall be located as close to
the center of the roof as possible to minimize visual impact. The Director may
require a line-of-sight study.
c. Each parapet shall not exceed three feet 42 inches in height above the finished
floor nor occupy more than three square feet in area.
d. Railings and balustrades above the roof beam shall have a height of 42 inches-and
shall be open at least 50 percent.
e. Gable end roofs: maximum 24 feet width and eight feet height to peak.
378 ( d) Maximum Lot elevation and drainage.
Page 19 of 41
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417 (e)
ORDINANCE NO. 2021-08
EXHIB IT A
(1 ) Generally. For the purpose of regulating Lot elevations there is hereby established
thr ee zones. The "Fro nt Zone" being the area betw een the Building and any adjacent
Street(s) but in no event being less than 15 feet from any Street(s). The "Rear Zone"
being the area from the Building to the interior and rear property line(s) (or to the
w aterfront zone, if applicable) and to the back of the "Fro nt Zone." The "W aterfront
Zone" being the entire area w ithin 25 feet from any body of water.
a. "Front Zone. " Wh en a Lot is filled fo r Developm ent purposes the area delineated
as the front zone m ay not be filled to aR elevatioR greater thaR two feet ahove the
average erovm of road a slope no greater than 14 percent. However, the driveway
gra de shall not exceed ten percent above the cro w n of the ro ad.
b. "Rear Zone. " Wh en a Lot is filled fo r D evelopment purposes the area delineated as
the "R ear Zone" m ay not be filled to an elevation greater than two and one-half feet
below the established B.F.E. Base Fl ood Elevation.
c. "Waterfront Zone. " Wh en a Lot is filled for Development purposes the area
delineated as the "W aterfront Zone" m ay not be filled to an elevation greater than
six inches above the bulkh ead; how ever, in no instance shall the height of a
bulkh ead or Lot be ra ised to a height that exceeds the maximum elevation as
established in the "R ear Zone."
[ d.] Reserved.
e. "Pools, pool Decks, Terraces. " Pools, pool Decks and Terraces which are located
in com pliance w ith the required Setbacks for all Structure s and are ab ove the height
restrictions estab lished in subsection (2) are included in the Lot Coverage
calculation. Pools, pool Decks an d Terraces that are located in complian ce with the
required Setbacks and height restrictions are not included in the Lot Coverage
calculation.
[2] Reserved.
(3) Grading and Drainage. W ithin any zone imm ediately adjacent to the property line, a
dra inage sw ale of at least six inches in depth shall be pro vided to capture the fir st inch
of ru noff. The cro ss-section slope to the sw ale shall not exceed 14 percent. A retaining
w all w ith a m inim um of tw o inches above final gra de shall be required to support the
additional elevation necessary to pro vide the required drainage swale if the elevation
does not m eet the adjacent elevation or is Rot i,art of retaiRiRg the v.rater OR site. If the
resultant perimeter gra de is above the adjacent gra de, a retaining wall shall be pro vided
to retain ru noff from the pro perty . In either case, the retaining wall shall be
w aterp ro ofe d on the interior side. N otw ithstanding the pro visions of this subsection,
w here a pro perty has received the m aximum bonus for lot coverage pursuant to Section
30-lO O(b) and the adjacent pro perties have the sam e elevation as the subject property, a
retaining w all shall not be required.
Setback Regulations (minimum).
VR
V illage I
V E
V illage
IR
Island
-r·- - - ---- -- PS
Parkside
- ---- ---·- -
Page 20 of 41
O R DI N A N C E N O . 2 0 2 1-0 8
EXHIB IT A
--
Residential --~-- E::•:~ -~-- Re::e ! Front 20 ft. *
Rear 25 ft. * --T-- 25 ft. ** r·· --- 2~- I
'
One Story new
construction or one
story addition: 7.5 ft.
One Story with a
second floor
addition: sum of the
sideyards at the
second floor shall be
25% of Average Lot
Width with no Side New construction: New const
Yard less than 7. 5 7.5 minimum 7.5 min·
feet. I setback and sum of setback an
sideyards shall be sideyards
30% of Average be less tha
7 .5 feet for an lLot wWigth but no the Aver
addition of a second sideyard shall be wWigth of
or higher Story required to exceed but, no side
Side, which contains less 30 ft. be required
interior than 50% of the 30
Floor Area of the
first floor. One story additions
may follow the One story
New construction:
existing building may foll
wall setback. existing b
Two stories or more: Second story wall setbac
The sum of the Side additions shall have story additi
Yard Setbacks shall a 15 ft. setback. have a 15 ft
not be less than 25%
of the Average Lot
wWigth of the Let
with no Side Yard
less than 7.5 feet.
New construction or
second floor
additions: Lots with
a lot width of 100 ft.
or more shall have
~tia1T" - Residenti;-
·- --------i-- - . -- - -
ft. I 20 ft. •
-------~---- -- * - -
ft. I 25 ft.
---- --· - - ~ - -
ruction:
imum
d sum of
shall not
n 30% of
age Lot
the Lot;
yard shall
to exceed
ft.
One Story new
construction or one
story addition: 7.5 ft.
One Story with a
second floor
addition: sum of the
sideyards at the
second floor shall be
25% of Average lLot
wWigth, with no
Side Yard less than
7.5 feet.
7.5 feet for an
addition of a second
or higher Story
which contains less
than 50% of the
Floor Area of the
first floor.
additions
ow the
uilding
k. Second Two stories or more:
ons shall The sum of the Side
b k Yard Setbacks shall . set ac .
New construction:
not be less than 25%
of the Average Lot
wWigth of the Lot
with no Side Yard
less than 7.5 feet.
New construction or
second floor
additions: Lots with
a lot width of 100 ft.
or more shall have
Page 21 of 41
ORDINANCE NO. 2021-08
EXHIBIT A
--------
I F Sideyar d less th,;;;- no Sideyard less than
15 ft. ! 15 ft.
--!- ---- - -----.
I -··•- --- ·- -- -·--- -r-- - - Side Same as interior Same as interior Side 15 ft. facing 15 ft.
a Street side setback setback
418
419
420
421
422
423
424
425
426
427
428
429
430
431
* 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 A dense landscape screen with
a height of at least ten eight feet at time of planting and a potential height of at least ten feet
shall be plan ted along the rear prope11y line parallel to the linear width of any Building
projection within the required rear yard. There shall be no aAccess from the bBuilding er-the
ground to a deck or to the roof of te that portion of the bBuilding that is in the required rear
yard shall be limited to an area that does not exceed 25 percent encroachment or a maximum
six feet from the required Rear Yard Setback line. The same limit shall not apply to the front
encroachm ent for deck or roof access. The maximum number of stories in the required rear
yard is one story.
** Within the Village Estate District, the following properties shall provide a Rear Yard
Setback of 50 feet: 200-290 Harbor Drive.
/\ Wh ere a property is located within VE, Village Estate, and has a lot area less than 10,000
square feet, the setback shall be as provided in VR, Village Residential, or as platted.
Number of Height of Building Wall! Building Wall Length Stories
··-- I
I I
I 1 15 ft. *** 40% of the width of the Lot
I
I
I I
I 2 or more 22.5 ft. 34% of the width of the Lot I I --- --- --·
I I
Shall provide a 29 ft. Seteack if the entrance faces a Street; The elevation facing
Garages the Street shall appear as an integral residential part of the Structure including
,.vindows and finishes.
--- ·-· -~ - - --- ·- ----·
432
433
434
435
436
437
LThat portion of the building in the required yard with a 15 foot seteack is limited to one
story. There shall ee no access to roof deck from the building or from the ground.
u..W ithin the Village Estate District the following properties shall provide a rear Setback of
59 feet: 299 299 Hareor Drive.
* The maximum exterior wall height may be increased six-inches for every one-foot that the
lowest floor is above Based Flood Elevation not to exceed 24.5 feet.
Page 22 of 41
438
439
440 (f)
441
442
443
444
445
446
447
448
449
450
ORDINANCE NO. 2021-08
EXHIBI T A
••• However, nothing herein shall prevent vaulted or clearstory Walls with a maximum
height of 22.5 feet.
Accessory Structures and Permitted encroachments in Required Yards.
* * *
(3) Decks, pools, and screen enclosures.
a. Decks shall provide a minimum five-foot Setback to any Lot line; Zero feet Rear
Yard Setback for waterfront properties.
b. Decks and svlimming pools shall not exceed a height greater than that allowed for
the Maximum Lot Elevation. If located outside of the required yard area, the height
shall not exceed finished floor elevation.
c. [Reserved]. Pools. Svlimming pools shall be subject to the follov,ring Setback
limitations and shall not exceed a height greater than that allov;ed for the Maximum
Lot Elevation (see subsection (27) for swimming pool equipment setbacks):
¥R
Village
Residential
¥B
Village
Estate
m
Island
Residential
(interior)
m
Island
Residential
(waterfront)
p,s
Parkside
Residential
Side, interior
Side, Street T--~ -1 -~--
451
452
453
454
455
L__'Naterfront Lots shall provide a z;ero Setback. The foregoing Setbacks shall be
measured from the water's edge.
d. Screen enclosures. Where a s.S,creen enclosures is used to enclose a pool or other
area of a residence, it shall be limited in height to ~ll feet and subject to the
following Setback limitations:
VR VE IR IR PS
Yard Village Village Island Island Parksi Residential Residential Residential Estate (interior) (waterfront) Reside
--·-- -
Front Not permitted Not permitted Not permif T Not permitted Not per
except for except for except for except for except
de
ntial
mitted
for
Page 23 of 41
ORDINANCE NO. 2021-08
EXHIB IT A
Porches Porches I Por
Rear 5 ft. I 25~:_i--5-
I
---·-·7------- ~-
ches I Porches I Porches
ft-.----- -25ft~ -r
I i:i~~~~r I 5 ft. 5 ft. -~;- -~ 7.5 ft
1--:t-il!_;_t -;-1--1-5_ft __ ---;----15_ft __ ---l--15_ft T ~~- -T~; ~-=
5 ft.
456
457
458
459
460
461
462
463
464
465
466
467
468
Notwithstanding the foregoing, the height of a screen enclosure shall not exceed
8.5 feet above the Base Flood Elevation at the rear and side Setback, with a gradual
transition (8:12 ratio) to any greater height (up to the maximum height allowed).
e. Fences.
1. A.ny yard that has a swimming pool shall be surrounded by a \Vall or fence
installed in accordance with subsection (f)(6). With respect to the \vaterfront
zone, this provision shall apply to the front and side yards, but not the rear
property line adjacent to the waterfront.
2. A .. safety pool cover is not an acceptable alternative under F.S. § 515.127.
3. Gates. All openings shall be equipped with gates that have a spring look type,
se-that they shall automatically be in a closed and fastened position at all times.
Gates shall also be equipped with a safe look and shall be looked when the
swimming pool is not in use.
469 (4) Docks and mooring piles. These regulations shall apply to all properties within the
470 single-family districts, unless addressed in the specific regulations. For purposes of this
471 section, properties shall be identified as provided for in the Village Waterfront Property
472 Map.
473
474 a. GeneralRequirements.
*·* *
- I
;-------~--.--~---------- -----------------• Regulations Requirements
* * * * * *
Setbacks for docks,
davits, fender pilings,
watercraft and mooring
piles
Minimum setback shall be the side setbacks in the applicable zoning
district extended into the water. No portion of a watercraft, including,
but not limited to, the bow pulpit, engines, & dive platforms shall
encroach into the required setback.
* * * * * *
-------'
475 * * *
Page 24 of 41
O R DI N A N C E N O . 2021-08
EXHIBIT A
476 (5) Driveway and Parking criteria. The following provisions shall apply to all single
477 Family and Two-Family Developments:
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
* * *
b. Driveway material. All driveways shall be paved or covered with a hare
compacted pervious surface such as but not limited to pervious concrete, pavers,
bricks, tile, pea rock, gravel and similar materials, but not asphalt. This paving
requirement applies to the construction of new single Family and Two-Family
Homes on vacant Lots or any Work on existing homes which costs 50 percent or
more of the assessed value of the property. Driveways, which are paved with
asphalt, are permitted to be retained unless the value of renovation Work exceeds
50 percent of the assessed value of the property driveway. Aprons ( edge of
pavement to property line) shall have the same finish as the driveway or asphalt;
however, pea rock is not permitted.
c. Setbacks. All driveways shall be set back at least five feet from any side property
line. All circular and hammerhead/T- driveways shall be set back at least two feet
from any front and/or property side facing Street property line. On Corner Lots,
driveways shall be set back 15 feet from the extended Right-of-Way Intersection.
* * *
494 (6) Fences and Walls.
495 a. Generally. For purposes of regulating perimeter fences and Walls, there is hereby
496 established three zones. The "Front Zone" being the area between any enclosed
497 Building and the adjacent Street(s) a property line fronting a street but in no event
498 less than 15 feet from the Streetsaid prope1iy line, and the "Rear Zone" being the
499 area from the back of the Front Zone to the rear property line, or to the
50 0 wW aterfront :l:Z,one (if applicable), and the "Waterfront Zone" being the entire area
501 within 25 feet from any Waterway.
502
503
504
505
506
507
508
509
510
511
512
513
514
515
* * *
c. Fence and Wall finish materials and restrictions.
1. All Walls shall be finished on all side(s). Masonry Walls shall be stuccoed and
painted, except 1.vhere adjacent and contiguous to an mdsting ·wall or fence.
The ovmer shall provide. documentation to the Building, Zoning and Planning
Director that a good faith effort ·.vas made to obtain the adjacent owner's
approval to stucco or paint the fence on the adjacent property. Wood fences
shall have the structural side of the fence facing the interior of the property.
. Notwithstanding the foregoing, when a new fence or wall is proposed to be
· adjacent to an existing fence or wall, the applicant may leave the side adjacent
to the existing fence or wall unfinished, provided the applicant executes a
covenant in a form acceptable to the Village Attorney and records same in the
Official Records of Miami Dade County, Florida, providing that in the event
the adjacent lot's fence or wall is removed, the applicant's fence or wall shall
Page 25 of 41
516
517
518
519
520
521
522
523
524
525
O RDI NANC E NO . 2021-08
EXHIB IT A
be finished on the outside, as long as the adjacent lot owner permits access to
finish said fence or wall.
2. Wood fences shall have the structural side of the fence facing the interior of
the property, unless a supervisory Variance is approved. [Reserved].
3. Chain link fences shall be coated with black or green finish materials. Chain
link fences associated with court games are permitted pursuant to Section 30-
100 [(f)(29)]. '.Vhere permitted, chain link fences shall be coated with black or
green finish materials.
4. Barbed wire and/or similar materials are not permitted.
Page 26 of 41
O R DI N A N C E N O . 2021-08
E X H IB IT A
526 (7) Front Yard encroachments.
527 a. Fountains: Gne--virith a maximum height of five feet Total basin area occupying no
528 more than 100 square feet, maximum height six feet above Base Flood Elevation,
52 9 base waterline depth maximum 12 inches, and with the following Setbacks: front,
530 five feet; interior side, five feet; and side facing a Street, ten feet.
53 1 b. Decorative in-ground reflecting pool: Gile Not to exceed 30 percent of the Front
53 2 Zone with a maximum waterline depth of one foot and maximum height of Base
53 3 Flood Elevation with the following Setbacks: front, five feet; interior side, five feet;
534 and side facing a Street, ten feet.
535 * * *
53 6 (8) Garage~facing a Street.
53 7 a. Lot vvidth 80 feet or less: No more than one parking space in a garage shall face the
53 8 8treet 1tvith a Where a garage door faces a street, the garage door minimum 20 feet
539 front 8etback shall be set back the same or greater than the Dwelling. Garage doors
54 0 must be compatible with the door and window details and overall architectural
54 1 design of the Dwelling. The maximum width of the garage shall be 24 feet.
542
543
544
b. Lot width greater than 80 feet Where Garage doors shall do not face a street-, +!he
minimum required front Setback shall be ten feet. The wall facing a street shall
have windows that match those in the Main Permitted Use Dwelling.
54 5 (9) Gazebos and accessory Structures.
54 6 * * *
54 7
54 8
54 9
55 0
55 1
55 2
55 3
554
d. Size: ~J,00 square feet when encroaching setbacks. No size limit other than limits
of. Lot Coverage when. not encroaching into required district setbacks.
Measurement is. from the outside of the roofline of the accessory structure or
gazebo.
* * *
1. Roof overhangs shall be permitted on gazebos and accessory structures but
shall be setback a minimum of 3.5 feet from the property line.
* * *
55 5 (11) Heating, ventilation, and air conditioning equipment.
55 6
55 7
55 8
55 9
56 0
* * *
[b.] Buffering of equipment in any Yard. All equipment in a Yard shall meet the
following standards:
* * *
[3.] Landscaping around the equipment.
Page 27 of 41
O R DI N A N C E N O . 2021-08
EX H IB IT A
561
562
563
564
* * *
(15) Pavers and v,;alk:ways in Side and Rear Yards. The maximum width shall be 3.5
feet with a minimum setback of 2 ½ feet.
* * *
565 (17) Porches, Porte-Cocheres, and Carports/Carport Canopies Setback Regulations. +oo
566
567
:f@llov1ittg tts@s am p@rrnitt@d to @tt@roa@h ittto R@qttirnd Yards sttl}j@@t to th@ followittg
8@teadcs Permitted Setbacks for the uses below are as follows:
. ------------ ·-·-- --- ---- - -
VR VE IR PS
Use Village Village Island Parkside
Residential Estate Residential Residential
- ---· . --·- - ·~ ------- --
I
Porches
I
10 ft. * 10 ft. 15 ft. 10 ft. *
I
Porte-Cocheres 10 ft. 10 ft. 15 ft. 10 ft.
L --- r ----- Carports/Carport Canopies 10 ft. * 10 ft. 15 ft. 10 ft. *
- ------
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
* If a development has a Porch and a Carport, then one of these shall provide have a
minimum 15-foot Setback.
The placement of the above uses in Required Yards are subject to the following height,
area, and design requirements:
a. Porches. The maximum width of any Porch or combination of Porches may not
exceed 60 percent of the Average Lot Width. The maximum Wall height of Porches
shall not exceed 14 feet above the maximum permitted Bas@ Flood El@vatiott
Lowest Finished Floor Elevation.
b. Carports and Porte-Cocheres which encroach into the principal Building Setback
are limited to 500 square feet in area and only one such encroachment is permitted
per Street frontage. The maximum height (to top of Structure) of Carport and Porte
Cochere encroachments shall not exceed 14 feet above the maximum permitted Lot
elevation. The required open sides of a carport may be embellished with gates,
latticework, or other architectural detail which follow the architectural language of
the principal Structure and which must provide at least 50 percent open surface.
c. Roofline of Carports, Porches and Porte-Cocheres shall not form an integral part of
the principal roof Structure differ horizontally or vertically from the principal
Structure roofline.
586 (18) Projections. The following Structures are permitted to project into a Required Yard
587 for a distance not to exceed 25 percent of said Yard with a maximum projection of six
588 feet: Awnings, balconies, bay windows (maximum width of ten feet), canopies,
Page 28 of 41
589
590
591
592
593
594
595
596
597
598
599
600
601
602
ORDI NANCE NO. 2021-08
EXHIBIT A
chimneys, cornices, sills, walhvays and other architectural features that the Building,
Zoning, and Planning Director has determined are consistent with this subsection.
* * *
(20) Reffl ini,qg Wall, required. A retaining Wall shall be provided on the sides and rear of
all yards of nev,r Single Family and Two Family homes. [Reserved 7.
(21) Roof, roof overhangs and rooft op uses. Principal Building roofs in all single Family
districts shall adhere to the following Regulations:
* * *
e. No portion of a roof, including the gutter, shall be permitted to extend more than 5
feet into a Required Yard, nor may any portion of a roof extend closer than 3 ½ feet
from any interior side nor 2½ feet from eF §:_side facing Street property Lot line.
f. When a scupper drainage system is used in connection with a flat roof, the scupper
cannot be located closer than 7½-feet from any property line.
* * *
603 (23) Satelli te dishes. Shall not have a diameter that exceeds one meter.
604 (2~) Sheds.
605 a. Maximum Height: 7.5 feet above the Maximum Lot Base Flood Elevation.
606 * * *
607 (24~) Solar heating panels and equipm ent. All solar panels shall be visually screened
608 from the adjacent right(s) of way, or set into the roof so that the upper roof surface
609 abuts the side or back of the solar panel. The Village encourages the use of alternative
610 energy sources pursuant to Florida Law. Any supporting equipment, including energy
611 storage equipment, required for operation of solar panels must be screened from the
612 right of way.
613 (2.§._g) Steps in Front Yard. Steps in the Front Yard shall have a maximum width of ten
614 feet. ·
615 (261) Steps and landings. The following regulations shall apply to steps and landings.
616
617 (2-7.8.) Swim m ing pools
618 a. Safety Features. A residential swimming pool must meet at least one of the
619 requirements relating to pool safety features as required by Section 515.27, Florida
620 Statutes, as amended. Notwithstanding, the Village will not accept a safety pool
621 cover as an acceptable alternative under Section 515 .27, Florida Statutes, as
622 amended.
* * *
623 b. Height. Swimming pools that encroach into the required setbacks for the Dwelling
624 shall not exceed a height greater than that allowed for the Maximum Lot Elevation.
Page 29 of 41
6 2 5
6 2 6
6 2 7
6 2 8
ORDINANCE NO. 2021-08
EXHIB IT A
Swimming pools that do not encroach into the required setbacks for the Dwelling
shall not exceed a height greater than that allowed for the finished floor elevation.
c. Setbacks. Swimming pools shall have minimum setbacks, which shall be measured
from the swimming pool's waterline to the property line, as follows:
VR VE IR
Island Yard Village Village Residential Residential Estate (interior)
IR
Island
Residential
(waterfront)
PS
Parkside
Residential
~-F-ro-nt_~i_--_--_L__.5_ft_- -r Wt --, - ls~.----_-_!__
I 6.5 ft:-~ ft. • r--6.-5 ft.
I 6.5 ft_ 6.5 ft.
I
I Side, interior
··--- . ---,
ill1 I
6.5 ft_-.-T-ill
----<
] Side, Street
I ; ..
I §j_j'h 6.5 ft.
-----'---------------------'----- ---'
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
* Waterfront Lots may provide a zero Setback. The foregoing Setbacks shall be
measured from the water's edge.
d. Walls or Fences. Any yard that has a swimming pool shall be surrounded by a
wall or fence. In addition, where an adjacent lot's wall or fence is used to satisfy
the requirements of this subsection, at least one of the requirements set forth in
Section 515.27(1), Florida Statutes, as amended, shall be implemented as a
residential swimming pool safety feature. Notwithstanding, if the adjacent lot's
wall or fence is removed or destroyed, the property owner shall be required to
provide a wall or fence in accordance with this subsection. With respect to the
waterfront zone, this provision shall apply to the front and side yards, but not the
rear property line adjacent to the waterfront.
_e._Swimmzngpool pumps, heaters, and similar equipment. Pool equipment shall be
screened from view from the right-of-way and adjacent properties at a minimum six
inches. above the equipment. A perimeter wall, solid fence, or landscaping may
fulfill this requirement when the equipment is set back four feet or less from a
property line. Swimming pool pumps, heaters, and similar equipment are permitted
to encroach into Required Yards subject to the follov,ing Setbacks shall have a
minimum setback from the property line as follows:
.Page 30 of 41
ORDINANCE NO. 2021-08
EXHIBIT A
648
r
j
VR VE I
I
Yard Village Village I R Residential Estate
I
Front Not Not
permitted "-
I
permitted "- p
2 ft.
Rear 2 ft. 0 ft. if
waterfront ~-;-1~------ ·-r · - Side, 2 ft. interior .'I<.
I 2 ft. if behind 2 ft. if behind 2 ft.
l:
an opaque an opaque op
.'I<. Wall, Wall, otherwise ot otherwise not
permitted not permitted
--
. ---- --i--- - - - -· - ·-
IR I IR
Island
esidential
(interior)
Island
Residential
(waterfront)
p;~d-"---·
-----------+---
Not
ermitted "-
2 ft.
PS
Parkside
Residential
Not
permitted"-
2 ft.
0 ft. if
waterfront
2 ft_ ---T -- __ 2 ft_ __
if behind an
aque Wall,
herwise not
permitted
2 ft.
2 ft .
2 ft. if behind an 2 ft. if behind an
opaque Wall,
otherwise not
permitted
---------
opaque Wall,
otherwise not
permitted
649
650
651
652
653
654
"-If the equipment is located in a Side Yard, landscaping shall be planted 1Nhich
obscures viev.rs of said equipment. Additionally, 1.vhere said equipment is located along
any Street frontage it must be visually screened from the public Right of \Vay.
_;.__;.__If-a-pool is permitted pursuant to subsection (f)(3), the equipment shall be at least two
feet from any side property line, but in no instance shall it be placed in a location that
all-ew s it to be seen from the Street:
655 f28) Telecommunication antennas. These antennas shall comply with the following
656 Regulations: .
657
658
659
660
661
662
663
a. Shall not have a diameter or height that exceeds one yard.
b. Shall be placed in a location to minimize its view from any public Street. A line of
site study (antenna location to the sidev.ralk) shall be submitted for Building,
Zoning, and Planning Director approval.
c. Shall employ, to the maximum extent possible, materials and colors that blend with
the Building and· surroundings.
* * *
664 (31) Walkways. The following regulations shall apply to walkways:
665 a. Front Yard: Subject to the provisions of this subsection, no maximum width.
Page 31 of 41
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681 ill}
682
683
684
ORDI NA NC E NO . 2021-08
EXHIB IT A
!:. Walkways parallel to front property line. Where a walkway is parallel to
the front pro perty line, it m ust be setback a m inimum of 2.5 feet from the
front pro perty line.
!J..,_ Walkways perpendicular to front property line. W here a walkway is
perp endicular to the front pro perty line, no setback is required. The
m aximum w idth of the w alkw ay w ithin 2.5 feet of the front property line
shall be no greater than five feet.
!!!:. Walkways encroaching on swale. A w alkw ay not greater than five feet in
w idth m ay encro ach into the sw ale, subject to the Director or his/her
designee's w ritten appro val. The aggregate sum of the driveway and the
w alkw ay shall not exceed the m aximum allow able driveway width.
b. Side Yard: The m axim um w idth shall be no greater than four feet and shall be
setback a m inimum of tw o feet from the Side Yard pro perty line.
c. Rear Yard: N o m aximum w idth. Shall be setback a m inimum of two feet from the
Rear Y ard pro perty line.
Waterfront view corridor. N o Structure shall be perm itted within an isosceles triangle
w ith each side m easur ing 25 feet at the intersection of the rear and side Lot lines;
how ever, a hedge, W all, or fence with a m aximum height of fo ur feet is permitted.
* * *
685 Sec. 30-102. - GU Governm ent U se District.
686 (a) GU Description. U pon the acquisition of ow nership of or a long term lease (five years or
687 longer) of land by the V ill age, the V illage M anager or designee shall indicate on the Official
688 Zoning M ap that the zoning district designation fo r the pro perty is GU, Governm ent Use.
689 (b) Purpose and Uses.
D istrict Purp ose M ain Perm itted Conditional A ccessory Uses
U ses U ses
This district is G overnm ental Buildings I
designed to perm it and facilities such as but Any Use
land ow ned by a not limited to schools, customarily
associated with governm ental offi ces, post offices, parks,
N one the Main
entity to be used fo r open space, com m unity
Perm itted Use any public purpose centers, recreational
and certain lim ited buildings, police and fire (See section 30
private activities. stations. 111)
Recreational activities as
··- ---------··· -------
Prohibited Uses
Any Use not
listed as a M ain
Permitted Use,
Conditional
Use, or
Accessory Use.
(See section 30-
113)
Page 32 of 41
O R D IN A N C E NO . 2021-08
E X H IB IT A
I described in subsecti~n (e). I ____ ]
690 ( c) Development Regulations. Council shall use the following Development Regulations:
Floor Maximum Lot Area Lot Area Height Coverage Ratio
No 5 ft., except
.75 35 ft. 35% .. more liber m m im um
--
Setback
where prior zoning district has a
al setback standard, which shall
then apply
691 ( d) Approval Process. Prior to establishing any new use of lands designated GU, the Village
692 shall conduct the following public hearing(s):
693 (1) The Village Council shall conduct a public hearing to determine the Use(s) to which
694 particular land purchased for Governmental Use may be put. The public hearing before
695 the Village Council shall be held upon at least 15 days' notice of the time and place of
696 such hearing published in a newspaper of general circulation in the Village. A courtesy
697 notice containing general information as to the date, time, and place of the hearing, the
698 property location and general nature of the proposed Use may be mailed to the property
699 owners of record within a radius of 300 feet of the property on which the facility will be
700 located, or such greater distance as the Village Manager may prescribe; provided,
701 however, that failure to mail or receive such courtesy notice shall not affect any action
702 or proceeding taken hereunder. To provide additional notice to the public, the property
703 shall be posted by a Sign or Signs indicating the action desired and the time and place
704 of the public hearing thereon.
705 (2) At the public hearing the Village Council shall consider the Use(s) to which the land
706 should be put, from the list of Uses in paragraph (b) above, considering among other
707 factors a recommendation by the Village Manager (if any), the public need therefore
708 and the existing land use pattern in the area. After considering these factors and any
709 public comment, the Village Council shall adopt a resolution establishing the Use(s) for
710 the property and take such action as is necessary to promote and protect the public
711 health, safety and welfare of the citizens and residents of the Village.
712 (3) If the Use(s) approved by the Village Council include the construction of any
713 Buildings or Structures on the property, the Village Council shall conduct another
714 public hearing prior to the commencement of any construction activity. That public
715 hearing shall be noticed in the same manner as the initial hearing described in
716 subsection (d)(l) above. At the public hearing the Village Council shall review and
717 evaluate a detailed Site Plan for the property, including all Buildings and improvements.
718 At a minimum, the Site Plan shall contain a schedule of development criteria as set forth
719 in subsection ( c) above. In its review and approval, the Village Council shall apply the
Page 33 of 41
72 0
72 1
72 2
72 3
72 4
72 5
726
72 7 (e)
72 8
72 9
730
731
732
ORDINANCE NO. 2021-08
EXHIBIT A
developm ent regulation s in subsection (c) above, except that the V ill age C ouncil m ay
w aive the regulations or an y part of the regulations in the interest of the public health,
safe ty and w elfa re to pro vide the fa cilities to serve the public. A ft er considering the Site
Plan, recom m endations of the V ill age M anager (if any) and public com m ent, the
V ill age C ouncil m ay by resolution take such action as it deem s necessary or appro priate
to pro m ote arid pro tect the public health, safe ty and w elfa re of the citizens and residents
of the V ill age, in cl uding the appro val of the Site Plan w ith any m odifi cations thereto.
Permitted Recreational Activities. Subject to the appro val of a B each M anagem ent Plan
pursuant to subsection (f) and the supplem entary regulations in subsection (g) the activities
as described below shall be considered M ain Perm itted U ses on lands w ithin the G U D istrict
w hich are seaw ard of the Ero sion C ontro l L ine (as identifi ed in Section 1.03 of the V illage
C hart er) w here such activities occur as ancill ary and support ive of principal uses conducted
on the upland contiguous privately ow ned pro perty.
Type of R ecreation al A ctivities U pland
H otel
U pland
Private B each C lub
U pland
M ulti-Fam ily
R esidential
I
1·u;e of lounges/chairs/umbrellas ·7·fu·-··1- Yes - , .y ~- ---·
i Fo od an d Beverage Service I Yes I Y-e-s-----;----1---N o
r-·· ----··--·--r-· -·-,-· ·---- --- ·-· -- - ·---,· - -- -- -
, Sp ecial Events 1
. . Y es I Y es II Y es
i
~1--U-se_o_f_N_o-n-M otorize d Vessels 2 I Yes I Yes----;-1- N o 3
733 1 Special Events shall be lim ited to the fo llow ing: organized athletic events, m eetings, part ies,
734 w eddings, firew orks displays, or pro fe ssional film activities and shall be subject to obtaining a
735 Special E vent Perm it pur suant to section 17 -5 of the V illage C ode.
736 2U p to six non -m otorized V essels (as defined in Section 327.02(37), Florida Statutes) shall be
737 perm itt ed fo r use in conju nction w ith and as accessory to hotels of at least 250 ro om s or private
738 beach cl ub s. T hey shall be opera ted only thr ough an appro ved chann el authorized under section
739 4-32 of the V ill age C ode, and shall be unifo rm ly m arked and painted in a uniquely identifi able
740 m ann er associated only w ith the hotel pro pert y or private beach cl ub. A dditionally, except fo r an
741 authorized rescue vessel appro ved under subsection (g)(9) below , the use of m otorized vessels is
742 absolutely pro h ibited.
743 3 N othin g in this section shall be constru ed or interpreted to precl ude individual V illage residents
744 fr om the legal use and enjoym ent of the public beach area, or deny or im pair the com m on law
7 45 riparian rights of person s ow ning pro pert y w hich fr onts the public beach area, or to require that
746 individual residents (incl uding specifi cally residents w ithin any m ultifa m ily apart m ent building)
747 obtain an appro ved B each M anagem ent Plan fo r such activities.
Page 34 of 41
O R DI N A N C E N O . 20 2 1-0 8
EX HI BIT A
748 (f) Beach Management Plan Approval. As a condition to the establishment, use and operation
749 of any of the uses listed in subsection (e) above (except for Special Events which require a
750 Special Event Permit), a plan for the proposed use and operation (Beach Management Plan)
751 shall be submitted and approved by the Village. Except for the use of lounges, chairs and
752 umbrellas, all Beach Management Plans shall require the approval of the Village Council
753 after a public hearing noticed in accordance with section 30-68 of the Village Code. Beach
754 Management Plans for the use of lounges, chairs and umbrellas shall be approved by the
755 Village Manager. In the approval, the Village Manager or Village Council must find that the
756 proposed activity(ies) comply with the requirements of this section and do not constitute a
757 threat to public safety or welfare or constitute a danger or impediment to the public beach
758 area. The Village Council or the Village Manager shall impose reasonable restrictions and
759 conditions on the approval of the Beach Management Plan in order to preserve the health,
760 safety and welfare of the Village residents. Violation of any provision of the approved
761 Beach Management Plan automatically· results in the revocation the Beach Management
762 Plan approval. Nothing in this section shall be construed or interpreted to preclude
763 individual Village residents from the legal use and enjoyment of the public beach area, or
764 deny or impair the common law riparian rights of persons owning property which fronts the
765 public beach area, or to require that individual residents (including specifically residents
766 within any multifamily apartment building) obtain an approved Beach Management Plan for
767 such activities.
768 (1) Beach Management Plan Application and Procedures. In a form provided by the
769 Village, all Beach Management Plans shall be submitted to the Village Manager and
77 0 shall contain the following information:
77 1 a. A detailed and dimensioned site plan depicting the type and location of all
772 proposed activity(ies), structures, garbage containers, storage areas and where the
77 3 use of Vessels is proposed, the proposed location of a channel to be approved by
77 4 Village Council pursuant to section 4-32 of the Village Code;
775
776
777
778
779
780
781
782
783
784
785
786
b. If applicable, the number of proposed Vessels;
c. Proposed hours of operation;
d. Proposed safety and emergency plans;
e. If applicable, storage, hours of use and method of fueling of an all terrain vehicle
authorized under subsection (g)(l0) below;
f. Indemnity and Insurance (with Village as additional insured) in a form and amount
approved by Village Attorney;
g. Proof of ownership of adjacent upland property or written authorization from
upland property owner; ·
h. Application fee plus the annual inspection fee for the approved activity as
established by resolution pursuant to section 30-4 of the Village Code;
1. Any additional information as reasonably required by the Village Manager.
787 (g) Supplementary Regulations. The recreational activities identified in subsection ( e) shall be
788 subject to the following restrictions:
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789 (1) All activities shall be conducted as accessory to the adjacent contiguous upland
790 property.
791 (2) It is prohibited to conduct the sale or rental of any equipment or food and beverage
792 item associated with any permitted activity upon the public beach. The sale or rental
793 shall only be conducted upon the associated upland private property.
794 (3) None of the permitted activities shall be conducted or maintained outside of the
795 property area contained within the extension of the side lot lines of the upland property
796 as they extend seaward toward the waterline.
797 ( 4) Activities adjacent to the upland hotel and private beach club properties shall be
798 setback 20 feet from the adjacent property side lot lines as extended seaward toward the
799 waterline.
800 (5) Activities adjacent to the upland multi-family residential properties shall be setback
801 -l-00 20 feet from the adjacent property side lot lines as extended seaward toward the
802 waterline.
803 (6) None of the permitted activities including the storage of any equipment shall be
804 maintained or conducted within five feet of the dune as defined pursuant to Section
805 161.54, Florida Statutes, or within 15 feet of the waterline, unless overnight storage on
806 the public beach is approved pursuant to a Beach Management Plan.
807 (7) Except for one corporate insignia, no larger than 20 square inches identifying the
808 applicant or the upland property owner, commercial advertising shall be prohibited on
809 all equipment associated with any approved activity.
810 (8) Except as approved pursuant to a Special Event Permit, hours of operation shall be
811 limited to between sunup and sundown each day and all equipment, furniture, and
812 temporary structures (if any) shall be removed from the public beach by sundown each
813 day unless overnight storage on the public beach is approved pursuant to a Beach
814 Management· Plan. This limitation shall not apply to the use of chairs and lounges for
815 viewing fireworks displays on Independence Day or New Year's Eve.
816 (9) The use. of non-motorized vessels shall be prohibited without the onsite provision of
817 one personal watercraft as defined in Section 327.02, Florida Statutes, maintained in
818 good working condition and available at all times for emergency rescue purposes. The
819 personal watercraft shall have a four stroke engine or best available technology, be
820 equipped with an operational marine radio or wireless phone, and shall satisfy all U.S.
821 Coast Guard safety requirements.
822 (10) Except for an unenclosed motorized all terrain vehicle approved pursuant to a Beach
823 Management Plan, it is prohibited to use or operate or to allow another to use or operate
824 upon, or along the public beach, or upon any beach or shoreline or waters adjacent
825 thereto, any motorized vehicle. The private use of an all terrain vehicle must be limited
826 in use to· the loading and unloading of equipment permitted under an approved Beach
827 Management Plan .. This prohibition shall not apply to any municipal, county or state
828 vehicle, or to any vehicle or equipment authorized by the Village to be used or operated
829 for a public purpose.
Page 36 of 41
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830 (11) Approval of a Beach Management Plan does not exempt user from adhering to all
831 local, state and federal statutes and regulations and requirements, including, but not
832 limited to, Article II "Local Business Tax Receipt" of Chapter 25 "Taxation" of the
833 Village Code.
834 (h) Change Upon Sale or Lease Expiration. Upon the sale (or expiration of a long term lease)
835 of GU land that was owned ( or leased) by the Village, the Village Council shall change the
836 zoning district designation pursuant to the procedures established in this section.
837 (i) Conflict. This section 30-102 shall be the exclusive regulation governing lands designated
838 GU, and to the extent that it conflicts with any other section of this chapter, this section shall
839 control.
MO ***
.. .
841 Sec. 30-110. - Allowable encroachm ents into Required Yards (all districts except Single Family
842 and PS Parkside Residential).
843 * * *
844 (b) Canopies. A Canopy shall be permitted to extend from an entrance door toward the fronting
845 £._Street siae--o-~. The Canopy may extend to within 18 inches of the edge of
846 pavement property line. Such canopies shall not exceed 15 feet in height and 12 feet in
847 width or be screened or enclosed in any manner and shall provide an unobstructed, clear
848 space between the grade and the bottom of the Canopy valance of at least seven feet. The
849 location of vertical supports for the Canopy shall be approved by the Engineering Division.
850 * * *
851 (p) Temporary Structures. Five feet or as required by the Florida Building Code.
852 (su_Tennis courts and similar court games. The following Regulations shall apply for fences,
853 lightpoles or other Accessory Structures associated with court games in all districts.
854 * * *
855 Sec. 30-11 2. - Supplemental Use Regulations.
856 * * *
857 (i) Dumpster enclosures. Dumpsters shall be placed within the Building. Dumpsters existing
858 as of [insert effective date of this Ordinance] shall meet the following requirements on or
859 before [insert three years from the effective date of this Ordinance]:
860 (1) · Shall not be visible from a public right of way.
861 (2) Height shall be a minimum of two feet above top of dumpster(s), not to exceed eight
862 feet in height.
863 (3) The base of the enclosure shall consist of a hard-paved surface of asphalt or poured
864 concrete, and shall be 24 inches larger on all sides than the dumpster to be located upon the
865 base.
Page 37 of 41
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8 71
8 72
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8 8 0
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886
887
888 G k)
889
890
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ORDINANCE NO. 2021-08
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(4) The minimum inside dimension shall be not less than six feet by six feet.
(5) The base shall be equipped with a drain, required to be installed under applicable State
and local codes, and designed in a manner to drain only the area of the dumpster enclosure
base.
( 6) Wheel stops shall be provided inside the enclosure at the rear and sides six inches
from the walls to prevent the container from making contact with the walls.
(7) The finish on three sides shall be concrete block, stucco, or prefabricated concrete
panels, painted to match the paint color of the main Use.
(8) Gates shall be aluminum picket or galvanized steel with solid backing for complete
screening. Gates shall be attached to a metal post having at least three inches in diameter,
with at least three hinges for each post and an outward swinging door. Each gate shall have a
wheel at the bottom to prevent it from sagging. Gates shall have drop pins or rods to hold the
gates in place in both the open and closed position.
(9) Protective four-inch diameter by four feet high solid bollards are required two feet in
each way from the front corners of the dumpster enclosure wall.
(10) Enclosures intended for the use of properties zoned multifamily residential shall be
constructed with a 32 inch opening with a door to match material and specifications of front
enclosure doors on one side for pedestrian access to deposit trash. A concrete level walkway
shall be provided for the pedestrian access opening.
Home occupations in Single Family, RM Multiple Family Districts, and PUD Planned Unit
Development Districts. Are permitted subject to the following:
* * *
Outdoor dining Regulations. Tables and chairs may be placed outside of a restaurant on
private property that is located on individual sites or within Shopping Centers. The tables
and chairs may be used for dining purposes as an accessory to an indoor restaurant facility,
subject to compliance with the following criteria:
* * *
893 (kl) Room additions to residential Structures and conversions of garages or Carports to living
894 space. Are permitted subject to the following:
895 * * *
896 (lm) Satellite dish antennas. Shall not have a diameter that exceeds one meter. Antennas or
897 dishes larger than one meter in the other districts shall comply with the following
898 requirements and may only be approved by the Village Council subject to the Conditional
899 Use procedures:
90 0 * * *
90 1 (mn) Suites Hotel or suite Hotel Units. When a Hotel Unit contains Cooking Facilities it shall
90 2 be considered as a suite Hotel Unit and shall conform with the following:
903 * * *
Page 38 of 41
ORDI N ANCE NO . 2021-08
EX HI BI T A
904 (nQ) Vending Machines. Permitted as an Accessory Use if the machine(s) is located inside a
905 Building at least ten feet from a window that faces a Street or in a courtyard when the
906 machine(s) cannot be seen from a Street.
907 * * *
908 ARTICLE VII. - OFF-STRE ET PARK ING AND LOADIN G
909 * * *
910 Sec. 3 0-181. - Location, character and size ofrequired Parking spaces.
911 * * *
912 (e) Parking Lot'Q:isles in Lots that contain 50 or more spaces shall be numbered. Aisles in Lots
913 that exist prior to the effective date of this ordinance shall be numbered when the Parking
914 Lot is resealed. [Reserved].
915 * * *
916 (h) Lighting shall be arranged and designed to prevent glare or excessive light on Adjacent
917 Property and sll:all- not exceed 0.5 foot candles in accordance with Section 8C-3
918 "Illumination for open parking lots, alleys and access thereto and parking and nonenclosed
919 areas under or within buildings" of the Miami-Dade County Code, as amended.
920
921
* * *
* * *
922 (q) Setba ck for parking garages in single Family homes. A 20 foot Setback from the garage
923 door to a property-li-IIB [Reserved]. ·
924 * * *
925 Sec. 30-194. - Multi-Family Residential district permanent Signs.
926 * * *
927 Sec. 30-242. - Artificial turf.
928 (a) Definitions . The following words, terms and phrases when used in this section, shall have
929 the meanings ascribed to them in this section:
930 (1) Corner Lot A Lot located at the intersection of two streets and abutting such streets
931 on two adjacent sides.
932 (2) Artificial Turf An artificial product manufactured from synthetic materials that
933 simulates the appearance of natural turf, grass, sod or lawn.
934 (b) Installation.
Page 39 of 41
935
936
937
938
939
940
941
942
943
944
945 (c)
946
947
948
949
950
951
952
953
954
955
956
957
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959
960
961
962
963
964
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966
967
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970
971
972
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O R DI N ANC E NO . 2021-08
EX H IB IT A
(I) Single Family and Two-Family Districts. Within the VR, VE, IR and PS Districts,
Artificial Turf shall not be permitted to be installed within a Front Yard of any Lot, or
within a Street Side Yard of a Comer Lot.
(2) Other Districts. Within all other zoning districts with the exception of the PROS
Public Recreation and Open Space Use District and the GU Government Use District,
Artificial Turf shall not be permitted to be installed within a Front Yard, or within a
Side Yard facing a Street.
(3) Exception. Notwithstanding the provisions of this subsection (b), Artificial Turf may
be permitted along a private street or along a private right-of-way so long as it is not
seen from the public right of way.
Installation, Maintenance and Repair.
(1) No person shall install Artificial Turf without first obtaining a permit from the Village
Planning, Building and Zoning Department.
(2) All Artificial Turf shall, at a minimum, be installed according to the manufacturer's
specifications.
(4) All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit
against all regular and irregular edges to resemble a natural look.
(5) If Artificial Turf is planned to be installed immediately adjacent to a seawall, the
Artificial Turf shall be pinned or staked behind the seawall. No Artificial Turf or
installation mechanism shall be attached directly to or placed on a seawall or seawall
cap.
(6) Artificial Turf shall be visually level, with the grain pointing in a single direction.
(7) An appropriate solid barrier device { e.g., concrete mow strip, bender board) is required
to separate Artificial Turf from soil and live vegetation.
(8) Precautions for installation around existing trees, including a proper radius, shall be
provided to· ensure that tree roots are not damaged with the installation of the base
material and that the overall health of the tree will not be compromised.
(9) All Artificial Turf shall be maintained in a green fadeless condition and shall be
maintained free of dirt, animal waste, mud, stains, weeds, debris, tears, holes, and
impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris
removal; repairing of depressions and ruts to maintain a visually-level surface;
elimination of any odors, flat or matted areas, weeds, and evasive roots; and all edges of
the Artificial Turf shall not be loose and must be maintained with appropriate edging or
stakes.·
(10) All Artificial Turf must be replaced if it falls into disrepair with fading or holes or
loose areas. Replacement and repairs shall be done with like materials from the same
manufacturer and done so in a manner that results in a repair that blends in with the
existing Artificial Turf, without any matting.
( 11) All Artificial Turf shall be installed on a permeable backing in order to ensure proper
drainage.
Page 40 of 41
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976
977
978
ORDINANCE NO. 2021-08
EXHIBIT A
(12) All Artificial Turf shall be of the highest quality available from a list of Village-
approved manufacturers and shall be a natural green color selected from a palette of
colors approved by the Village.
* * *
Page 41 of 41
M IA M I D A ILY B U S IN E S S R E V IE W
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STAT E O F FL O R ID A
C O U N T Y O F M IA M I-D A D E :
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILU\G[;; OF KEY BISCAYNE - PUBLIC HEARING - OCT. 26,
2021
in the XXXX Court,
was published in said newspaper in the issues of
NOTICE OF PUBLIC HEARING
10/15/2021
Atfiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper.
~if.-f•f!i{;_; .. CHRISTIN'-LYNN RAVIX
t.FA \;1 Commission# GG 2m11
\~~j,y Expires November 19, 2022
•••,,llf.r..?.·•· Bonded Tivu Troy Fain Insurance 800-385-7019
Public notice is hereby given that the Village of Key Biscayne will hold a
public hearing on the second reading on the ordinance below on October
26, 2021, at 6:00 PM in the Village Council Chamber, 560 Crandon
Boulevard {rear of Fire Rescue Station), Key Biscayne, FL 33149. Interested
parties are invited to appear and be heard or submit written comments to
the Village Clerk.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
COMPREHENSIVELY UPDATING AND REVISING CHAPTER 30, "ZONING
AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE
OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR.
AN EFFECTIVE DATE.
MEMBERS OF THE PUBLIC MAY ATTEND IN PERSON OR REMOTELY B'I
CALLING (305) 365-7569 AND ENTERING ZOOM MEETING ID 2316278415.
ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN
ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE
CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT,
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF
1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL
ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEED.ING BECAUSE
OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE-VILLAGE
CLERK, 88 W. MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149,
TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS
DAYS PRIOR TO SUCH PROCEEDINGS.
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A
MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE
PROGEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED {F.S.286.0105).
IF YOU HAVE ANY QUESTIONS WITH RESPECT TO THIS MATTER, PLEASE
CALL (305) 365-5502.
10/15 21-62/0000557173M