No permit shall be issued for a building or a use on a plot in any district which said plot does not abut a public street or easement not less than 20 feet wide connecting with such public street.

(Ord. No. 299-1995, 12-28-95)

(1)

Antennas. No satellite antenna larger than 24 inches in diameter may be installed in the front lot or attached to the front of any building.

(2)

Dockside shelters.

Maximum setback from water: 3 feet on canals and minimum 20 feet on Vaca Cut and 100 feet on the ocean.

Minimum side property line setback: 5 feet.

Maximum floor area: 80 square feet with maximum roof overhang of 18 inches.

Maximum height: 8 feet.

Such shelters shall not be located on docks.

(3)

Dock boxes and fish-cleaning stations. Dock boxes and fish-cleaning stations shall meet same setback requirements as dockside shelters.

Dock boxes shall be no larger than 3 feet wide by 3 feet high by 6 feet long.

Fish-cleaning stations shall be no larger than 30 inches by 60 inches, with or without an enclosed base.

(4)

Flag poles. May be located within any setback but shall not exceed 30 feet in height.

(5)

Garages and tool sheds. In the R-1 and R-2 districts, all garages, carports, tool sheds (except dock boxes and fish-cleaning stations) and structures determined to be similar in use by the city commission upon the recommendation of the planning and zoning committee must share a common wall or roof element with the principal building.

(6)

Home occupation. See section 101-34.

(7)

Household pets. As defined in article II.

(8)

Lighting, outside. Spot or flood lights installed on any lot or building shall not be directed toward any other residence next to or across the streets or canals where the glare adversely affects inhabitants nearby. Such lighting must be directed downward or be shielded to prevent glare projecting off the property.

(9)

Ocean frontage. In the R-3 district with ocean frontage and in the RH district, no accessory structure is permitted in the side yard.

(10)

Accessory structures within the shoreline setback (including pools). Except for pile supported structures, utility pilings, fences, boat ramps, docks, and walkways limited to 4 feet in width, no new development may occur within 20 feet of mean high water on Vaca Cut, within 100 feet of mean high water (MHW) on the ocean. The total combined area of accessory structures within the shoreline setback may occupy 30 per cent of the principal shoreline setback on Vaca Cut excluding the first 20 feet from MHW, and 60 per cent of the principal shoreline setback along manmade canals including the first 10 feet from MHW except for pools and spas.

(11)

Swimming pools, spas, hot tubs.

(a)

Setbacks:

10 feet from side and rear lot lines and (MHW) on canals and 10 feet from sides and rear lot lines on dry lots except that a minimum side-yard setback of 5 feet shall be allowed for pools only within the R2B zoning district as provided for in Section 101-13 above.

25 feet from front lot line in all districts;

15 feet from side lot line in R-3 and RH districts;

100 feet from Ocean (MHW);

20 feet from MHW on Vaca Cut.

(b)

[Pools, spas, and hot tubs:] Above grade pools are not permitted in any district. Prefabricated portable wading pools not over 18 inches in height above grade are permitted. Portable, plug in type spas or hot tubs no larger than 8'0" × 8'0" × 3'0" in height above grade are permitted when in compliance with the following:

1.

Setbacks must comply with section 101-26(11)(a).

2.

All controls, water heating and water circulating equipment are an integral part of the product and must be cord-connected to GFI outlet (no hard or permanent plumbing or electrical connections are permitted).

3.

Must comply with SBCCI Standard Swimming Pool Code 1999 Edition (in particular Section 315, Protective Enclosure).

4.

Must comply with City Code Chapter 6, section 6-2.3 which states that structures are designed to be securely anchored so as to withstand hurricane force wind and wave pressure.

5.

A building permit must be approved and obtained prior to any installation.

(c)

Drainage: Pool drainage shall not be piped to the city sewer system. See article VII. Pools cannot drain onto adjoining property or rights-of-way.

(d)

Pool enclosures: Insect screening or other enclosures shall be permitted when the pool and its enclosure are not located within the required setback.

(12)

Tennis courts.

(a)

Tennis courts are permitted in all districts.

(b)

In all districts, the required front, rear and side setbacks for tennis court fences shall conform to the same requirements as specified for buildings in article III.

(c)

In the R-1, R-2 and R-3 districts, a tennis court must be located on the same or adjacent lot as the residential structure.

(d)

Use of the courts is limited to the property owners and their guests in the R-1, R-2 and R-3 districts.

(e)

Lighting is permitted only in R-3, PR and RH districts.

(f)

Lighting must be shielded to prohibit glare on surrounding property. All lights must be turned off after 10:00 p.m.

(13)

Yard adornments. Yard adornments are permitted in any front or rear yard area, but no yard adornment shall be permitted in any side setback. Yard adornments cannot be more than 48 inches high and not more than 9 square feet at the base. No more than 2 yard adornments are permitted in any front or rear yard area of a lot.

(Ord. No. 299-1995, 12-28-95; Ord. No. 316-1998, 8-13-98; Ord. No. 334-2001, 1-11-01; Ord. No. 348-2002, 11-27-02; Ord. No. 2023-483, § 3, 4-20-23; Ord. No. 2023-488, § 3, 10-19-23)

All aircraft are prohibited from landing in the city without the express advance approval of the mayor or city commission, except in an emergency.

(Ord. No. 299-1995, 12-28-95)

All buildings, additions and alterations hereinafter constructed shall be of an architectural style and of building materials that are harmonious in character and appearance with existing buildings in the neighborhood and shall be appropriate to their surroundings. See section 101-167(2)(i) for additional, more detailed, criteria which shall apply to all buildings. All uses requiring site plan approval shall require architectural review as a part of that review. In the event that an application is made for a building permit for construction of a one or two unit dwelling, or the performance of work on such an existing building, that, in the opinion of the building official, does not meet the criteria cited above, such permit shall not be issued except after recommendation by the planning and zoning committee and approval by the city commission.

(Ord. No. 299-1995, 12-28-95)

The following regulations shall govern all building projections:

(1)

Fixed canopies, open balconies, stairs including landings, carports open on three (3) sides, pivoted or casement sash, cornices, eaves and similar architectural features, excluding storm projection awnings or shutters, may project not closer than the following:

(a)

6 feet from side lot lines but not more than 3 feet into any side setback.

(b)

48 inches into any required front setback provided that not less than 7 feet of clear headroom is provided under said balconies.

(c)

36 inches into any required rear setback provided that not less than 7 feet of clear headroom is provided under such balconies.

(2)

Chimneys and heating or cooling equipment may project not more than 24 inches into any required setback.

(Ord. No. 299-1995, 12-28-95)

The city building official shall be responsible for achieving compliance with the provisions of this chapter. It is not the responsibility of the city (including the building official) to enforce compliance with any deed restrictions.

(Ord. No. 299-1995, 12-28-95)

Garage or yard sales shall be permitted on the premises of single unit, two unit and multiunit dwellings subject to the following conditions:

(1)

Permit. No garage or yard sale shall be conducted until a permit has been obtained from the city. Only the owner or lessee of the property upon which such sale is being conducted may obtain such a permit.

(2)

Application. Before such permit shall be issued, the applicant shall file with the city clerk an application containing the following information:

(a)

Legal description and street address where such sale is to be conducted.

(b)

Proof of ownership, rental receipt, or lease of property.

(c)

Date(s) of sale.

(d)

Hour(s) of sale.

(e)

Sketch or example of sign proposed.

(3)

Sales items. Only personal property owned by the seller and usual to a household may be offered for sale by the owner or lessee of the dwelling unit.

(4)

Sign. See article X.

(5)

Hours. Sale shall be held only between the hours of 8:00 a.m. to 5:00 p.m.

(6)

Setbacks. Personal property shall be displayed only within established setbacks.

(7)

Duration. No more than two (2) consecutive days shall be permitted for any sale.

(8)

Frequency. No more than two (2) garage sales shall be held from the same property within any calendar year with not more than one such sale within a 30 day period.

(9)

Permit display. The permit shall be prominently displayed.

(10)

Enforcement. By making application for a sale permit and conducting such sale, the owner or lessee of the property authorizes any enforcement officer of the city to enter upon the property for the purpose of determining that such sale is being conducted in accordance with the provisions of this section.

(Ord. No. 299-1995, 12-28-95)

The following regulations apply in all districts:

(1)

Nuisance. No physically harmful or destructive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become a sanitary nuisance to the neighborhood.

(2)

Litter. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers with lids.

(3)

Burning. No incinerators are permitted, and no garbage, rubbish, refuse or other discarded materials of any kind may be burned at any time except when an emergency exists, as declared by the mayor or city commission or civil defense authority (such as a hurricane) which requires immediate action to protect human health and safety.

(4)

Water bodies. No trash, garbage, sewage, debris, crustacean shells, papers or other waste of any kind excluding remains from cleaning fish, shall be dumped or thrown into the canals, bay or ocean.

(5)

Animal feed. No garbage or other refuse shall be spread upon the ground as feed for animals.

(Ord. No. 299-1995, 12-28-95)

The following regulations apply in all districts:

(1)

Exemptions. The height limitations of this chapter shall not apply to chimneys and standpipes.

(2)

Roof top equipment. Water tanks, and necessary air conditioning and other mechanical appurtenances, when appropriately screened, may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that no such exception shall cover more than eight (8) per cent of the area of the roof on which it is located nor shall it be used for dwelling purposes. The screening shall be erected only to a height and size necessary to screen the equipment and must be shown on the plans and approved by the building official.

(3)

Under no circumstances shall the exemptions or roof top equipment cause there to be any structure or appurtenances of a height greater than five (5) feet above the height of the main structure.

(Ord. No. 299-1995, 12-28-95; Ord. No. 336-2001, 5-21-01; Ord. No. 381-2005, 10-13-05)

(1)

Purpose. The purpose of this section is to provide for the orderly use of dwelling units for certain customary home occupations. It is further the purpose to assure that none of the residential ambience of a neighborhood is in any way diminished by the presence of said home occupation.

(2)

Definition. Home occupations are those occupations customarily practiced in the home and which have no client presence on the residential site. Such occupations are incidental and secondary to the principal use of the premises as a residence. Home hobbies where services or products are not sold are not considered home occupations.

Cross reference— See also definitions in general, § 101-8; definitions specific to landscaping, § 101-61; definitions specific to floodplains, § 101-91; definitions specific to subdivisions, § 101-111; definitions specific to signs, § 101-130.

(3)

Design and performance standards.

(a)

Limited use: The home occupation shall be conducted within the residential premises and only by the person who is a resident of the premises. The individual so licensed shall not engage any employees to assist in the home occupation other than a spouse or children.

(b)

Maximum area of use: No home occupation shall occupy more space than ten (10) per cent of the total floor area of a dwelling unit exclusive of any open porch, attached garage, or similar space not intended to be occupied as living quarters.

(c)

Signs: No signs shall be permitted to advertise the accessory use of the premises for an occupational purpose.

(d)

Equipment: No chemical, mechanical or electrical equipment other than equipment that would normally be found in a household shall be used for home occupation purposes. This is not to preclude customary personal computers, sewing equipment or tool bench equipment. Machinery that causes noises audible to neighbors, or that causes interference in radio or television reception is prohibited.

(e)

The stock in trade: No goods shall be sold on the building site, and no stock in trade shall be stored on or delivered to the building site.

(f)

Residential character: There shall be no alterations in the residential character or appearance of the premises in connection with such home occupation.

(g)

One home occupation: Only one home occupation shall be authorized at any given dwelling unit at one time.

(Ord. No. 299-1995, 12-28-95)

No inoperable motor vehicle shall be located, ungaraged, on private property for more than seven (7) days, and no unlicensed motor vehicle shall be so located for more than thirty (30) days.

(Ord. No. 299-1995, 12-28-95)

All nonresidential use customarily conducted within a building shall be conducted within a building enclosed with permanent walls, roof, solid floors, windows and doors on all sides.

(Ord. No. 299-1995, 12-28-95)

A temporary structure may be used in connection with any construction job when located on the same plot therewith, but no such temporary structure shall be used as a residence. Such temporary structure must be removed immediately on the completion of the project.

(Ord. No. 299-1995, 12-28-95)

(1)

Conversion. If a resort dwelling is a condominium to be converted to a time-sharing plan, the developer shall submit a building permit application containing:

(a)

A copy of the condominium declaration and sales prospectus containing a statement declaring that a time-sharing plan may be created, or

(b)

An amendment to the condominium declaration that permits a time-sharing plan to be created, which amendment has been executed by each record owner of each unit of the condominium and by each record owner of each lien on each unit of the condominium. The application shall be submitted to the planning and zoning committee and approved by the city commission.

(2)

Conversion or new construction. The developer shall submit the following documents to the city clerk at the time of filing a request for a building permit for a new structure, or conversion, making time-sharing units available to purchasers.

(a)

A copy of the public offering statement, to be used in the sale of time-share periods that was filed and approved by the Division of Florida Land Sales and Condominiums of the Department of Business Regulations.

(b)

The identity of the managing entity.

(c)

A copy of the contract to be used in selling time-sharing periods to purchasers, which has been approved by the state.

(d)

Copies of the escrow agreement and reservation agreement to be used by the seller in accepting reservation deposits, that were filed and approved by the state.

(e)

A copy of written information to be delivered by the seller to purchasers concerning any program, if offered, that provides exchanges of time-sharing periods among purchasers in either the same or other time-sharing plans.

(f)

Time-sharing plans shall be operated in full compliance with the provisions in F.S. Ch. 721, known as the "Real Estate Time-Sharing Plans."

(Ord. No. 299-1995, 12-28-95)

(1)

Connection. All development shall connect to public water and sanitary sewer lines.

(2)

Easements. In addition to easements shown on recorded plat, five (5) feet abutting any street line on any lot is reserved for installation and maintenance of utility services and drainage facilities.

(Ord. No. 299-1995, 12-28-95)

Hurricane shutters will be required for all new construction and/or all existing structures undergoing remodeling. See chapter 6.

(Ord. No. 299-1995, 12-28-95; Ord. No. 316-1998, 8-13-98)

The following standards shall be required of all dwelling units within the City of Key Colony Beach:

(1)

No portion of a dwelling unit may be subdivided, leased or rented separately from any other portion of a dwelling unit. No portion of a dwelling unit may be sold for any purpose.

(2)

A dwelling unit shall include only one (1) kitchen area consisting, at a minimum, of one (1) stove/oven, refrigerator and sink. Under no circumstances shall a second kitchen be permitted. However, a dwelling unit may contain a refrigerator or sink which does not constitute another kitchen.

(3)

There shall be permitted hookups for only one (1) clothes washer and dryer within a dwelling unit.

(4)

All habitable floors of a dwelling unit shall be connected by interior stairs.

(5)

Stairs connecting habitable floors must be of the standard type with a minimum 36 inch tread and riser width.

(6)

Circular stairs and elevators may only be installed in addition to the conventional 36 inch wide stairs and not in place of them.

(7)

For purposes of this section, interior shall mean within permanently enclosed areas and not within screened-in areas, porches or decks.

(8)

A dwelling unit may not be divided by a permanent door containing a deadbolt lock.

(9)

No variance may be granted which would cause the density to exceed that permitted in the zoning district.

(Ord. No. 299-1995, 12-28-95)

Requirements. In all restaurants and bars located with the City of Key Colony Beach, the following requirements shall apply:

(1)

Drive-up windows are prohibited.

(2)

A bar must be operated as part of a restaurant and by the same owner or management, which restaurant has all necessary equipment, facilities and supplies for and serves full-course meals regularly and where the principal business is the serving of meals and having accommodations at all times for serving patrons at tables or booths inside a permanent building.

(3)

The bar (if applicable) and cooking facilities shall be located inside the building.

(4)

The bar (if applicable) must be directly connected to the dining room without intervening spaces and under the same roof.

(5)

Outdoor serving of food and drinks in conjunction with the operation of the restaurant shall be permitted only from 8:00 a.m. to 10:00 p.m. For purposes of this requirement, all outdoor dining and drinking must terminate at 10:00 p.m.

Special conditions for outdoor dining for restaurants located in B-1 district:

(1)

The outdoor dining area must be at least one hundred fifty (150) feet from any R-1 or R-2 zoned land.

(2)

Under no circumstances may sound amplification for entertainment be permitted in conjunction with outdoor dining.

Special conditions for outdoor dining for restaurants located in RH district: Under no circumstances may sound amplification for entertainment be permitted in conjunction with outdoor dining.

(Ord. No. 299-1995, 12-28-95)