Loading...
HomeMy Public PortalAbout1994 AllORDINANCE NO 94-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-54 OF THE CODE OF KEY BISCAYNE, PROHIBITING THE FILLING OF LOTS TO AN ELEVATION OF MORE THAN 2 5 FEET ABOVE THE CROWN OF THE ADJACENT ROADWAY, PROVIDING FOR AN EXCEPTION RELATING TO SEPTIC TANKS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 That Section 30-54 of the Code of Key Biscayne is hereby amended to read as follows 1 Sec 30-54 Lot Elevation Where a lot is filled for development purposes, the portion of the lot lying between the property lines and the building 3„t -bee' -3 may not be filled to an elevation greater than onc and onc half 2 5 feet bclow the BFE above the crown of any dedicated roadway adjacent to sub) ect property, unless additional fill is required for the installation of a septic tank in accordance with applicable regulations , moo first story patio, deck or pool permitted under section 30- 58 (a) and 30-58 (b) shall exceed said 2 5 foot elevation in this arcs Section 2 Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of 1Underlined words are additions to text, words struck through are deletions to text the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of December , 1994 PASSED AND ADOPTED on second reading this 22nd day of December , 1994 ATTEST 7 GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RIC J WfiISS, VILLAGE ATTORNEY !RI OR JOHN F FESTA 111 -N ORDINANCE NO 94-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLED "SIGNS" BY AMENDING SECTIONS 28-2, 28-3, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12 AND 28-13 OF THE CODE OF ORDINANCES, PROVIDING FOR DEFINITIONS, PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS, ALLOWING REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE, REQUIRING VILLAGE COUNCIL APPROVAL FOR MULTITENANT CENTER SIGNS, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, on March 9, 1993, the Village of Key Biscayne adopted a Sign Code to regulate signage within the borders of the Village, and WHEREAS, the Village Council, upon the advice of the administrative staff and citizens, desires to amend the sign code by (1) allowing for commercial grand opening Signs in non- residential districts, (2) allowing for Real Estate Open House Signs throughout the Village, (3) clarifying Sign regulations for gas stations, and (4) having the Village Manager or his authorized designee be responsible for the administration of this Ordinance, and WHEREAS, the Village Council has determined that the Village Council approval shall only be required for Multitenant Center Signs, and WHEREAS, this proposed ordinance has been advertised in conformance with Florida Statutes Section 166 041 relating to zoning ordinances, and WHEREAS, the Village Council finds that these proposed amendments will promote the health, safety and welfare of the citizens of the Village NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 1 Section 1 That Section 28-2 of Code of the Village of Key Biscayne is hereby amended as follows Sec 28-2 Definitions * * * (p) Director The Director of the Key Biscayne Dopartmont of Community De*e40apmentaullding, Zoning and Planning Department (cc) Off -Premise Sign/Billboards Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the Sign is located A Real Estate Open House Sign shall not be considered an oU U -Prep uSe S.g n/Billboard. (vv) Real Estate Open House Sign A temporary Sign inthcat .ng property for rent, lease or sale or open for inspection Such Sign .is located off -premises/ either on the swa .e of the public right-of-way or the swale of private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. lff.ghlighted words are additions to text, words struck through are deletions to text 2 (ww) Village Manager, The Village Manager o Xey Biscayne or his authorized designee. Section 2 That Section 28-3 of the Code of the Village of Key Biscayne is hereby amended as follows Sec 28-3 Prohibited Signs * * * (19) Any sign that in the opinion of the Director Village Manager constitutes a safety hazard * * * Section 3 That Section 28-5 of the Code of the Village of Key Biscayne is hereby amended as follows Sec 28-5 Signs not requiring a permit * * * (3) Temporary signs for special events by nonprofit entities, subject to approval by the DiroctorVU loge Manager (4) No -trespassing and no -dumping Signs not to exceed one and one-half square feet in area per sign and not to exceed four per lot, except that special permission may be obtained from the Diroctor Village Manager for additional Signs under proven special circumstances * * * Section 4 That Section 28-6 of the Code of the Village of 3 Key Biscayne is hereby amended as follows Sec 28-6 Residential District Permanent Signs The following Signs are authorized in all residential districts and residential -office districts (1) Development Identification Sign ' v'' " age Council Approval Required) Permitted only for (a) multifamily buildings with over 4.55 units, (b) single-family developments with over x-55 units, (c) religious institutions, schools and public uses Where multifamily dwellings are part of a larger development, there shall be only one such Sign on each public street frontage on which the development faces Prior to the issuance of a permit, the owner shall covenant that such Sign shall be continually and properly maintained * * * Section 5 That Section 28-7 of the Code of the Village of Key Biscayne is hereby amended as follows Sec 28-7 Nonresidential District Signs The following signs are authorized in all nonresidential districts in the Village (1) Monument Sign or V -Sign (Village Council approval required) 4 Number (maximum) 1 per parcel, parcel must have frontage of at least 150100 feet on a public street, except for gasoline station parcels where a 32 square foot sign shall be permitted notwithstanding the street frontage of the parcel occupied by the gasoline station. * * * (2) Wall Sign (permitted only on buildings where the majority of the floor area is in retail use, (2) Villago Council approval * * * (4) Awning Sign (permitted only in lieu of Wall Sign, Village Council approval requirod) * * * Section 6 That Section 28-8 of the Code of the Village of Key Biscayne is hereby amended as follows Sec 28-8 Temporary Signs The following Temporary Signs are authorized in the Village Residential District Non -Residential District (1) Grand opening and/or seasonal Banner Sign (permit from Diroctor Village Manager required) Number (maximum) 1 per project Area (maximum) 20 sq ft Sign Height (max) 4 ft Length of Display 14 days Frequency one per year 5 1 per lot except two establishments per calendar year in a multi - tenant building 20 sq ft 4 ft 14 days one per year * * * (8) Real Estate Open House Sign (in conformance with design specifications as provided by the 'Village Manager) Number Area Sign Time (maximum) Height (max) Limit 1 per property (2 per property when more than 1 unit Is for lease or sale on property) 6 square feet 6 feet Shall only be permitted Saturdays and Sundays 10 a m to 4 p m Must be re- moved same day * * * 1 per property (2 per property when more than 1 unit is for lease or sale on property) 6 square feet 6 feet Shall only be perms tted Saturdays and Sundays 10 oitivt to 4 p.m. Must be re- moved same day Section 7 That Section 28-9 of the Code of the Village of Key Biscayne is amended as follows Sec 28-9 Supplemental Regulations (a) Multitenant Center Sign criteria (1) The owner of a Multitenant Center shall submit to the Diroctor Village Manager a written statement of the uniform Sign graphics criteria of the Multitenant Center The Diroctor Village Manager shall review the criteria and make a recommendation to the Village Council, graphics which shall have final approval Once the criteria have been approved, it shall 6 apply to the entire center, as well as to each individual occupant, and shall remain in effect for so long as the center exists, regardless of a change in ownership or management, unless and until the owner obtains a new uniform Sign graphics criteria approval from the Village Council Uniform Sign graphics criteria shall include, but not be limited to, color(s), type of Sign, style of letters, size of letters (maximum or minimum) and size of Sign * * * (b) Design review guidelines In reviewing Monumont, Wall, Awning or Development Idontification Signs, MuItiteiant SignS, the Village Council Manager shall use the following design review criteria * * * (h) Political Signs (1) Although no permit is required for a Political Sign, each candidate successfully filing qualifying campaign papers and each Political Sign Sponsor shall be responsible for meeting all requirements of this chapter relative to 7 Political Signs The Village Clerk shall furnish a copy of this ordinance to all qualifying candidates and Political Sign Sponsors and each shall sign and date an acknowledgement of receiving this document (2) The Diroctor Village Manager may cause the removal of any Political Sign erected on public property contrary to the provisions of this chapter The candidate or Political Sign Sponsor responsible for erecting such Political Sign shall be liable to the City for the costs incurred in the removal The Diroctor V.XIage Manager may cause the removal of any Political Sign illegally erected on private property in conformance with section 28-13 hereof All Political Signs shall be removed within seven days after the election to which they relate Upon a failure to remove a Political Sign in a timely fashion, the DiroctorVlilage Manager may cause the removal of the Political Sign and charge the candidate or Political Sign Sponsor the actual cost of removal (3) 8 * * * Section 8 That Section 28-10 of the Code of the Village of Key Biscayne is amended as follows Sec 28-10 Sign permits (b) Applications (1) Filing Applications for permits required by this chapter shall be filed with the Diroctor Village Manager upon forms to be furnished by the Diroctor Vll1age Mai ager Such applications shall also respond to the structural requirements for Signs as specified in the South Florida Building Code (2) Signs requiring Village Council approval All Monumont, Wall, Awning and Dovolopmont Idontification Signs, and Multitenant Center Sign graphics criteria, require prior review and approval by the Village Council based upon the recommendation of the Director village Manager (c) Issuance Provided the terms of this ordinance have been complied with, the Director VI1 age Manager shall issue a permit for each sign and retain a copy thereof and a copy of the plan Permits 9 shall be numbered in order of their issuance * * * (e) Installation inspection The contractor or owner securing the permit for any Sign shall notify the Director Village Manager and request an inspection whenever such Sign is being installed, and before any concrete is poured, a final inspection shall be requested upon completion At the time of the final inspection, a photograph of the completed Sign shall be taken by the inspector and placed with the plans or file records of the Sign permit * * * (g) Revocations The Diroctor Village Manager may revoke a permit or approval, issued under the provisions of this chapter, if it is found that there has been any false statement, concealment or misrepresentation as to any material fact in the application or plans upon which the permit or approval was based * * * Section 9 That Section 28-11 of the Code of the Village of 10 (3) Key Biscayne is amended as follows Sec 28-11 Legal Nonconforming Signs * * * (d) Other termination of legal Nonconforming Signs (1) By abandonment - Abandonment of a legal nonconforming Sign shall terminate its nonconforming status (2) By damage or poor condition - The legal nonconforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the DirectorVi .age Manager from any cause whatever, or to the extent the Sign becomes a hazard or danger Abandoned and damaged signs, as described in this section, shall be removed by owners in accordance with the requirements of section 28-13 hereof * * * Section 10 That Section 28-12 of the Code of the Village of Key Biscayne is amended as follows Sec 28-12 Sign maintenance (a) Maintenance All Signs shall be maintained in a safe, presentable and good structural condition, which shall 11 include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said Sign The area around the base of the sign shall be kept free of weeds and debris If a Sign does not comply with the above standards, the Diroctorvil age Manager shall require its removal in accordance with section 28-13 hereof * * * Section 11 That Section 28-13 of the Code of the Village of Key Biscayne is amended as follows Sec 28-13 Removal of improper Signs (a) Removal The Director village Manager shall cause the removal of any Sign in violation of this chapter in accordance with the procedures set forth in the Village of Key Biscayne Code Enforcement Ordinance (b) Emergency Notwithstanding the above, the Director village Manager may cause the immediate removal of any Sign that poses an immediate danger to the health, safety or welfare of the community The Diroctor village Manager may cause the Sign to be made safe as an alternative to 12 removal In either event, Village personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal * * * Section 12 Repeal of Conflicting Ordinances Article VI of Chapter 33 of the Dade County Code made applicable to the Village by Article VIII, Sections 8 03 of the Village Charter is hereby repealed Section 13 Severabilitv The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 14 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 15 Effective Date This Ordinance shall be effective upon adoption on second reading 13 PASSED AND ADOPTED on first reading this October , 1994 11th day of PASSED AND ADOPTED on second reading this 15th day of November , 1994 ATTEST D INGUA GUIDO NLO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI HARD JAY 3(c2.)ze FESTA, MAYOR WEISS, VILLAGE ATTORNEY 14 iI \ Vr ALTERNATE ORDINANCE NO 94-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A NEW CHAPTER ENTITLED "FILMING", PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY, REQUIRING A PERMIT AND PERMIT FEE, PROVIDING FOR LIMITATIONS, REQUIRING NOTICE TO OWNERS, ESTABLISHING CRITERIA FOR ISSUING PERMITS, PROVIDING AN APPEAL PROCEDURE, PROVIDING FOR EXEMPTIONS, PROVIDING PENALTIES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Council has determined that unregulated filming throughout the Village has had a negative impact on residents and properties located in proximity to filming locations, and WHEREAS, this Council has determined that the regulation of film production within the Village promotes the general welfare of the residents and property owners in the Village NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne, Florida is amended by adding a new chapter and sections which chapter and sections shall read as follows Chapter _ Filming Sec 1 Definitions For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number The word "shall" is always mandatory and not merely directory 1 1 "Film" or "Filming" shall mean any and all still, live or motion picture productions whether made on or by film, electronic tape, or any other electronic device used to produce theatrical motion pictures, television entertainment motion pictures, industrial motion pictures, television commercials, or print media Filming shall include the erection and dismantling of the equipment associated therewith 1 2 "Manager" shall mean the Village Manager or authorized designee 1 3 "Permit" shall mean a permit issued by the Village in accordance with the terms of this Ordinance 1 4 "Person" shall mean any individual, partnership, firm, corporation, association or other entity 1 5 "Village" shall mean the Village of Key Biscayne Sec 2 Applicability This Ordinance shall apply to all the lands within the Village's jurisdiction whether public or private Sec 3 Permits 3 1 Permit Required No Person shall Film within the Village without first applying for and obtaining a Permit from the Manager All Permits shall be conspicuously displayed at the Filming location 3 2 Permit Application Applications for a Permit shall 3 2 1 be on the form provided for by the Village, 3 2 2 identify the applicant, 3 2 3 identify the location(s) where Filming is going to be conducted If applicant is the owner of the property where Filming is going to be 2 conducted, the Village shall require proof of ownership, such as the deed, or if applicant is not the owner, then the Village shall require the owner's sworn consent to the Filming and proof of ownership 3 2 4 shall require that applicant provide evidence of public liability insurance in the minimum amount of $1,000,000 or as otherwise established by the Village All insurance policies shall name the Village as additional insured 3 2 5 shall include a parking plan for automobiles/ trucks and other vehicles connected with the Filming. 3 2.6 shall include a site plan for the location(s) where Filming will be conducted. 3 2 7 shall require that applicant post a $5,000 cash bond to be held by the village to be used, if necessary, to repair damage to public c property caused .by the Filming 3 3 Limitations on Permits Permits issued by the Village shall be subject to the following 3 3 1 Permits shall not be issued morethan two tames per year for each Filming location. Permits shall not allow In AO event may Filming te---exceed three (3) consecutive days or six (6) days in any calendar year 3 3 2 No Filming shall be permitted from 11 00 p m to 7 00 a m 3 3.3.3 No Filming shall bo or legal holidays. 3 3 3 Other limitations as specified by the Manager depending on the location and type of Filming such as, and by way of example, requiring an off -duty police officer to be present during Filming 3 4 Limitation on Location No Filming shall be conducted from a given permitted location more than four times during a 12 month period There shall be a minimum period of 30 calendar days of Filming inactivity following the expiration of a Permit for a particular location 3 5 Permit fees A Permit fee in the amount of $100 00 shall be due and payable at the time of Permit application Permit fees shall be doubled for all Filming which is done without first obtaining a Permit Sec 4 Notice to Owners Forty-eight hours prior to commencing any permitted Filming the Permit holder shall notify in writing all property owners within 300 feet of the Filming location The notice to owners shall include but not be limited to the location, date, hours and subject matter of the Filming Sec 5 Permit Criteria A Filming Permit shall be granted unless the Manager finds that the proposed Filming 5 1 unduly impedes governmental business or public access, or 5 2 conflicts with previously scheduled activities, or 5 3 imperils public safety Sec 6 Penalties Any Person who violates the provisions of this Ordinance shall be subject to a $500 00 fine and revocation of the Permit 4 Sec 7 Exemptions The following shall be exempt from the provisions of this Ordinance 7 1 Individuals Filming or videotaping only for their own personal or family use 7 2 Employees of print or electronic news media when Filming on -going news events This exception shall not apply to simulations or re-enactments orchestrated by print or electronic news media 7.3 Indoor Motion Picture Studios. Sec 8 Variances Upon application to the Manager, variances may be granted from the terms of this Ordinance, provided that 8 1 Signatures indicating consent have been obtained from all of the owners of property located within 300 feet of the Filming location, and 8 2 A finding is made by the Manager that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare, and 8 3 The Filming proposed to be done as a result of the variance will be conducted in accordance with all standards in this Ordinance other than those for which a variance is being granted Sec 9 Appeals Any Person aggrieved by the terms of a Permit issued by the Manager, by the decision not to issue a Permit, by the revocation of a Permit, or by the denial of a variance may, within 10 days of the decision, appeal to the Village Council whose decision shall be final Section 2 Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases 5 of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 11th day of October , 1994 PASSED AND ADOPTED on second reading this 1501 day of November , 1994 ATTEST 4- GUIDO H INGVNZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RIC ARD JAY WEISS, VILLAGE ATTORNEY 6 ORDINANCE NO 94-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995 IN THE AMOUNT OF $9,654,439 00 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 12, 1994 the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 1994 and the Village Council scheduled the public hearing required by Section 200 065 of the Florida Statutes to be held on September 8, 1994 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 8, 1994 at 7 00 p m in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida 33149 as required by Chapter 200 of the Florida Statutes, and WHEREAS, said public hearing as required by Section 200 065 (2)(c) was held by the Village Council on September 8, 1994 commencing at 7 00 p m in the evening as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Village Council, and the Village Council having had an opportunity to amend the tentative budget as it deemed appropriate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIM" requirements of the Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA Section 1 That the tentative operating budget as presented by the Village Manager and amended by the Village Council be and is hereby tentatively adopted, subject to final adoption and amendments as provided by Section 200 065 of the Florida Statutes Section 2 That a final public hearing to adopt a budget for the fiscal year commencing October 1, 1994 through September 30, 1995 be and is hereby set in the Council Chamber, located at 85 West McIntyre Street Second Floor, Key Biscayne, Florida 33149 on Monday, September 26, 1994 at 7 00 p m Section 3 That the Village Clerk be and is hereby directed to advertise the said public hearing as required by law PASSED AND ADOPTED on the first reading this 8th day of September , 1994 PASSED AND ADOPTED on the second reading this 26th day of September , 1994 ATTEST GUIDO H LINGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY R I CJ WAS S, V tZLAGE ATTORNEY ORDINANCE NO 94-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ADOPTING THE VILLAGE OF KEY BISCAYNE MASTER PLAN, AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Florida was incorporated on June 19, 1991, and WHEREAS, the Village Council in its capacity as the Local Planning Agency ("LPA") has conducted exhaustive public hearings relating to the comprehensive planning and future growth of the Village which involved extensive public participation, and WHEREAS, pursuant to Florida Statute 163 3167(4) the Village has prepared a proposed Master Plan, and WHEREAS, on November 4, 1993, the LPA recommended to the Council that it adopt the proposed Master Plan, and WHEREAS, on January 11, 1994 at a duly held public hearing the Village Council passed and adopted Resolution No 94-01 approving the transmittal of the Master Plan to the applicable state agencies, and WHEREAS, the Village Council after receiving the comments and recommendations of all applicable State agencies regarding the Master Plan has held the public hearings required under State law, and WHEREAS, the Village Council has determined that it is in the best interest of the Village and its residents to approve and adopt the Master Plan NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village of Key Biscayne Master Plan attached to this Ordinance as Exhibit "A" is hereby approved and adopted pursuant to Florida Statute 163 3184 Section 2 The Village Clerk is directed to make the appropriate transmittals as required by law Section 3 The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 4 This Ordinance shall become effective in accordance with Chapter 163 of the Florida Statutes PASSED AND ADOPTED on first reading this 26th day of July , 1994 PASSED AND ADOPTED on second reading this 16th day of August , 1994 OR JOHN F FESTA ATTEST Village Clerk Approve.cl... as to form___— and legal' suf f is ricy -�- Village Attorney Name Carla DeBeche Station ad46 Printed 08/15/1994 10 58 37 am NO 0092497DISPLAY INSERT DATES 330564/A5 TYPE 5 _AG LINE VILLAGE OF KEY BISCAYNE SALESMAN Q-CARLA DEBECHE ADV SIG VILLAGE OF KEY BISCA 3 x 11 00 IN PICKED BY PICKS UP FROM PAGE 1 PUB DATE PROD ZONE RC PAGE REQ 08/11/94 H A 05B LOC BILLED ACTION RSN RESP DATE OPR Village of Key Biscayne NOTICE OF CHANGE OF LAND USE The Village of Key Biscayne proposes to change the use of land within the area shown m the map m this advertisement The following ordinance, on second reading, shall be considered AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ADOPTING THE VILLAGE OF KEY BISCAYNE MAS'IER PLAN, AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE A 1 1 1 1 Name Carla DeBeche Station ad46 Printed 08/15/1994 10 58 44 am NO 0085344DISPLAY INSERT DATES 330564/A5 TYPE 5 _AG LINE VILLAGE OF KEY BISCAYNE SALESMAN Q-CARLA DEBECHE ADV SIG VILLAGE OF KEY BISCA 3 x 11 00 IN PICKED BY PICKS UP FROM PAGE PUB DATE PROD ZONE RC PAGE REQ ACTION RSN RESP DATE OPR 07/19/94 H A 08B LOC BILLED Village of Key Biscayne NOTICE OF CHANGE OF LAND USE The Village of Key Biscayne proposes to change the use of land within the area shown m the map m this advertisement The following ordinance shall be considered.. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, APPROVING AND ADOPTING THE VILLAGE OF KEY BISCAYNE MAS'Irit PLAN, AUTHORIZING TRANSMITTAL, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE A public heanng on this ordinance will be held on Tuesday, July 26, 1994, 7 00 p.m., at the Council Chamber, 85 West McIntyre Street Second Floor, Key Biscayne, Flonda Copies of the proposed ordmance may be obtained at Key Biscayne Village Hall, Office of the Village Clete 85 West Mchityre Street, Kev Biscayne. Flcmcla 11144 t ) 4 The M mi Herald A Knight Redder Newspaper PUBLISHED DAILY MIAMI FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Carla DeBeche who on oath says that he/she is Sales Representative of The Miami Herald, a daily newspaper published at Miami. in Dade County, Florida, that the attached statement of advertisement for Village of Key Biscayne was published in said newspaper in the issues of July 19, 1994 in the Miami Herald on page 8B Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement BARBARA ACKERIVIAN J -4•41--e0( Sworn to and subscribed before me this /5 day of A D 19 My commission expires \PCIY P06, OFFICIAL NOTARY SEAL 0.,pe, r-`- BARBARA ACKERMAN x �` * COMMISSION NUMBER �� o CC241780 ci MY COMMISSION EXP 0, f �0 DEC 28 1996 The Miiamz Herald A Knight Redder Newspaper PUBLISHED DAILY MIAMI FLORIDA STATE OF FLORIDA COUNI'Y OF DADE Before the undersigned authority personally appeared Carla DeBeche who on oath says that he/she is Sales Representative of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida, that the attached statement of advertisement for Village of Key Biscayne was published in said newspaper in the issues of August 11, 1994 in The MIama Herld on Page 5B Af f iant further says that the said Miami. Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement Sworn to and subscribed before me this /J day of My commission expirers y ,P.RY p(6, OFFICIAL NOTARY SFAL O ,li BARBARA ACKERMAN * COMMISSION NUMBER CC241780 '`� 0 MY COMMISSION EXP I f' f‘.,0 DEC 28 1996 A D 19 7; ORDINANCE NO 94-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 92-11 (BUILDING MORATORIUM) BY EXTENDING THE TERM OF THE BUILDING MORATORIUM, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne was incorporated on June 18, 1991, and WHEREAS, Florida Statutes Chapter 163, Part II, (the "Growth Management Act") requires that the Village adopt a comprehensive plan within three years of incorporation, and WHEREAS, it has been determined that there is a substantial risk that during the pendency of the adoption of the comprehensive plan, interim incompatible, irreparable and irreversible growth and development is likely to occur and such development may cause public services to fall below acceptable levels, and WHEREAS, on May 26, 1992, the Village adopted Ordinance No 92-11 establishing a building moratorium, and WHEREAS, the moratorium, by its terms, was to expire as of June 1, 1994, or upon the final adoption of the comprehensive plan, whichever occurred earlier, and WHEREAS, although the Village has diligently pursued completion of its comprehensive plan, the plan has not been adopted, and WHEREAS, the Village wishes to continue to avoid such interim growth and development and to maintain the status quo by extending this limited, temporary moratorium NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Sec 1 That Chapter 6, Sec 6-I(c) of the Village Code is hereby amended to read as follows 1 TERM The moratorium imposed by this Ordinance is temporary and unless dissolved earlier by the Board of Trustees, shall automatically dissolveon June 1, 1994 upon the final non -appealable adoption of a comprehensive plan for the Village pursuant to the Growth Management Act whichever occurs earlier Sec 2 SEVERABILITY The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Sec 3 EFFECTIVE DATE This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 31st day of May , 1994 'Words struck through are deletions to text, wards highlighted are additions to text 2 PASSED AND ADOPTED on second reading this 14th day of June 1994 APPROVED AS TO FO': AN P LEGAL SUFFICIENCY Stephen Hel an, Vi age Attorney 3 , ORDINANCE NO 94-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS, PROVIDING FOR DEFINITIONS, PROVIDING FOR ENFORCEMENT, PROVIDING PENALTIES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Council wants to restrict vessels in certain areas of the Atlantic Ocean east of the Village in order to protect bathers from possible injury, and WHEREAS, the Village wants to place signs in the water designating no boating zones in order to notify boaters of the restrictions the Village has imposed, and WHEREAS, permits and approvals are required from the State of Florida in order to place necessary signs in the ocean, and WHEREAS, the State of Florida has required the Village to designate by ordinance restricted areas, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne, Florida is amended by adding a new section, which section shall read as follows SECTION Sec 1 Definitions For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number The word "shall" is always mandatory and not merely directory a "Beach" shall mean the soft sand portion of land lying landward of a seawall or line of permanent vegetation and landward of the mean high water line b "Operate" shall mean to navigate or otherwise use any vessel in, on or under the water c "Person" shall mean any individual, partnership, firm, corporation, association or other entity d "Vessel" shall mean a motor -propelled or artificially -propelled vehicle and every other description of boat, including sailboats, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water including personal watercraft, a class A-1 and A-2 Vessel as defined by state law which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designated to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the Vessel This term shall not include rafts, floats or floatation devices, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water Sec 2 Prohibited Water Activity No owner, operator or person in command of any Vessel shall permit or operate a Vessel within the area of the Atlantic Ocean, 300 feet east of the Beach from the southern boundary of Crandon Park to the northern boundary of Bill Baggs, Cape Florida State Park, except as authorized by the Village Manager Sec 3 Enforcement The provisions of this Ordinance shall be enforced by members of all duly authorized law enforcement agencies within the Village Sec 4 Penalties Violation of the provisions of this Ordinance, or failure to comply with any of the requirements, shall constitute a non -criminal infraction Any person who violates this Ordinance or fails to comply with any provisions shall, upon conviction thereof, be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case In the alternative, a citation may be issued pursuant to the procedures set forth in Sections 327 73 and 327 72, Florida Statutes Section 2 Severability The provisions of this Ordinance 2 are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 10th day of May 1994 PASSED AND ADOPTED on second reading this 14th day of June , 1994 FESTA, Mayor GUIDO I UANZO, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, Village Attorney 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Honda STATE OF FLORIDA COUNTY OF DADE Before the undersigned authonty personally appeared Octelma V Ferbeyre who on oath says that she is the Supervisor 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 Dade County Florida that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 6/14/94 RE AN ORD PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS, ETC to the XXXXXXX was published in said newspaper in the issues of Jun 3, 1994 Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dade County Florida each day (except Saturday Sunday and Legal Holidays) and has been entered as second class mad matter at the post office in Miami in said Dade County Florida for a penod of one year next preceding the first publication of the attached copy of. advertisement and affiant further says that she has neither pa nor promised any • -- • or corporation any di nt rebate commissi • • =fund or the purpose of se • rin • his advertise tion in the said new Sworn to and subscribed-before.m = is 3 fi J VILLAGE OF KILT MCAT= .S. PUBLIC NOTICE. 1 04-4 '� 4 Notice is hereby given that the following ordnance ell asrconaid- ered on Second Reading by the Key Biscayne Village Costdbat a meeting to be held on Tuesday June 14 1994 at 7.00 pm., in the Council Chamber, at 85 West McIntyre Street, Second Roor, Kerele- cayne Flonda. : .A1012.1U00, f$ -0� cam'a,K $ *:R" VIP AN ORDINANCE OF THE VILLAGE -OF -KEY BECAYNEgfor FLORIDA PROHIBITING THE OPERATION OF VESSELS N -N4 - DESIGNATED AREAS, PROVIDING', FOR DERNITIONSviooF PROVIDING FOR ENFORCEMENT TIES PROVIDING FOR SEVERABILEI Y, INCLUSION tiff '` THE CODE AND AN EFFECTIVE DATE. €f4,,, LAry f ! '1 - INN 3- tit Interested parties one invited b appear aedboatl and. proposed ordinance may be obtained at Vine., ll, 0111c&ofz,$te kli-r loge Clerk, 85 West Yclntyns Street, Key Bis4* *,11 . rtotba Should any ny Oedema Gourd with ro person amatterta b that person ahaf insure theta verbatim rowed of the s = made k dudrg a8 1leairrrony and s+liclal� �>vpory �ilir it, � maybe based (F S. 286.0106). w 1u1 0,1,44 7 ,- 613 • .z�' 4 s"• VT of FLORID COMMISS ON " 0 CC /.72s03 MY COMMISS'ON EX? ' ' J 619% re personally know ,ple, ORDINANCE NO 94-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000 00, PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES, PROVIDING FOR THE EXECUTION OF DOCUMENTS, AUTHORIZING FURTHER OFFICIAL ACTION, SPECIFYING GOVERNING LAW, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, Article 8, Section 2(b) of the Constitution of the State of Florida grants to municipalities such governmental, corporate and proprietary powers as are necessary in order to enable them to conduct municipal government, perform municipal functions, and render municipal services, and WHEREAS, Section 166 021(4), Florida Statutes, grants to municipalities all powers not expressly prohibited by the Constitution, general or special law, or County Charter, and WHEREAS, Section 4 03(6) of the Charter of the Village of Key Biscayne provides that the Village Council may by ordinance borrow money, and WHEREAS, the Village may need funds to pay for various municipal expenses, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 Authorization The Village is hereby authorized to incur indebtedness in an amount up to $1,000,000 00 to pay for expenses and equipment as necessary Section 2 Terms of Indebtedness. The interest rate, terms, maturity and other details of such indebtedness are subject to approval by this Council by subsequent resolution Page 1 of 3 x Section 3 Repayment Such indebtedness shall be repaid by the Village through taxes, fees, grants, and other revenues received by the Village Section 4 Execution of Documents The documents evidencing such indebtedness shall be executed in the name of the Village by the Mayor and shall be approved as to form and correctness by the Village Attorney Section 5 Further Official Action The Mayor, Vice Mayor, Village Manager, and Village Attorney are hereby authorized, empowered and directed to execute and deliver such other documents and take other such actions which shall be necessary and appropriate to incur the indebtedness Section 6 Governing Law The provisions of this ordinance shall be construed and enforced in accordance with the laws of the State of Florida Section 7 Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason by 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 hey shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity or any part Page 2 of 3 Section 8 Effective Date The Ordinance shall be effective upon adoption PASSED AND ADOPTED ON FIRST READING this $th day of $, 1994 1994 VILLAGE CLERK PASSED AND ADOPTED ON SECOND READING this 12th day of April, APPROVED AS TO FORM AND LEGAL SUFFICIENCY VfitG44ATTORNEY 44 Page 3 of 3 OR JOHN F FESTA ORDINANCE NO 94-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT, PROVIDING FOR DEFINITIONS, PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING HEIGHT, WALL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT COVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA, PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAINAGE BUFFERS, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND SCREEN ENCLOSURES, ROOFTOP STRUCTURES AND OVERHANGS, FENCES AND WALLS AND ACCESSORY BUILDINGS AND USES, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne has adopted certain ordinances of Metropolitan Dade County as its municipal ordinances, including Chapter 33 of the Dade County Code, and WHEREAS, Chapter 33 of the Dade County Code contains regulations on the use and development of properties zoned RU -1 (Single Family Residential) and EU-M (Estate Modified Residential) which designations and regulations apply to a substantialnumber of properties within the Village boundaries, and WHEREAS, the Village has certain unique physical and environmental qualities which are not properly addressed by the provisions of Chapter 33 as they relate to single family development, including flood hazard areas requiring elevated development, and WHEREAS, the Village Council has determined that substantial changes to the existing regulations are necessary to address the unique single family residential development issues within the Village NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne, Florida is hereby amended by adding a new chapter which shall read as follows CHAPTER SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT Sec 1 Definitions 1 1 Average Lot Width The average of the width of the lot at the front and rear property lines 1 2 Base Flood Elevation (BFE) The base flood elevation of a property as established by the Village's Flood Protection Ordinance 1 3 Dwelling, One Family One or more rooms or buildings physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets, and facilities for cooking and sleeping 1 4 Elevated Home A home having all finished floors at or above BFE 1 5 Family Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boarding or rooming house or hotel 1 6 Floor Area The sum of all areas (except as expressly excluded below) on all floors of covered buildings measured from the face of the exterior walls or windows Excluded from Floor Area are the following open terraces, patios, or balconies, any portion of a covered gazebo equal to or less than two percent (2%) of the lot size, carports, garages and storage areas with finished floors not exceeding two feet (2') above the crown of the road, breezeways, 2 sheds, exterior steps and landings attached to and providing ingress and egress from a building 1 7 Gazebo A detached roofed or trellised -covered structure open on at least three (3) sides 1 8 Lot Coverage The area of the lot occupied by all buildings, covered structures and Terraces above BFE, excluding the following exterior steps and landings attached to and providing a means of ingress and egress from a building Lot coverage shall specifically include any non -roofed areas enclosed by walls (other than building walls) which exceed eight (8) feet in height and are attached to or otherwise form an integral part of the home Also excluded from lot coverage are carports which are not an integral part of the building and which are of less than five hundred (500) square feet, gazebos less than two percent (2%) of the lot size and utility sheds 1 9 Non -Elevated Home any finished floor below BFE 1 10 Non -Waterfront Lot than Waterfront Lots A home having All lots other 1 11 One Story Home Is a home with exterior building wall height not exceeding 14 feet from BFE for Elevated Homes or from the grade of the lowest finished floor for Non - Elevated Homes 1 12 Porch An unairconditioned roofed structure attached to a residence which must be at least 70% open on each exposed side Only supporting columns may be visible above forty-two inches (42") from the finished porch floor level 1 13 Terrace An open non -roofed horizontal surface 1 14 Waterfront Lot Any lot which has direct frontage on Biscayne Bay or any other body of water within the Village boundaries Sec 2 Schedule of Development Criteria The following development criteria shall apply to all single family development within the RU -1 zoning districts bounded on the North and 3 West by Harbour Drive, on the South by West Mashta Drive and the rear lot line of those lots facing West Mashta Drive and Fernwood Road and bounded on the East by Fernwood Road Building Height Building Wall Height Front Setback Rear Setback Interior Side Setback Side Street Setback Lot Coverage 35 0" 22 5r2 15 0'3 25 0'4 7 5' 15 0'5 35%6 0 'The height of a building shall be its overall height measured from the Base Flood Elevation to the highest point of the building roof There shall be no limitation on the number of stories permitted 2The maximum height of the exterior wall(s) of the building cannot exceed twenty- two feet six inches (22 5 ) at or closer to the property line than the following setbacks rear (twenty feet 20 ) side (seven feet six inches 7 5') front (twenty feet 20 ) and side street (fifteen feet 15') The height may be increased by one additional foot for each foot that the wall is setback from these setback lines Building wall height shall be measured to the top of the wall from the Base Floor Elevation for Elevated Homes or the grade of the lowest finished floor for Non -Elevated Homes The maximum height of gable end walls at or closer than the setbacks mentioned above shall be twenty-two feet six inches (22 5 ) at the base of the triangle and thirty feet (30 ) at the top of the triangle The width of the triangle or series of triangles shall not exceed thirty-six (36 ) at the side front or rear property line setbacks This proportion may increase in width at the ratio of one additional foot in width for each one foot in additional setback applied to the gable end 3 3 1 Attached front porches and porte-cocheres are permitted to extend into the front setback up to ten feet (10 ) from the property line 3 2 Attached or detached carports are permitted to extend into the front setback up to five feet (5 ) from the property line 3 3 For the structures or any combination of structures permitted under 3 1 and 3 2 (a) the maximum width may not exceed 50% of the width of the lot at the 15' setback (b) the height may not exceed fourteen feet (14 ) as measured from BFE (elevated) or lowest finished floor (non -elevated) to the highest portion of the roof of the structure and (c) they must be open on 3 sides and no screen enclosures are permitted 4 For interior and corner Non -Waterfront Lots a portion of the principal structure may extend to a point 15 from the rear property line when that portion of the structure is no greater than 40% of the width of the lot at the 15 setback When that portion of the structure is greater than twenty feet (20') in width the wall height may not exceed fourteen feet (14 ) as measured from BFE (elevated) or the lowest finished floor (non - elevated) 5 5 1 Attached front porches and porte-cocheres are permitted to extend into the side street setback up to ten feet (10 ) from the property line 5 2 Attached or detached carports are permitted to extend into the side street setback up to five feet (5') from the property line 5 3 For the structures or any combination of structures permitted under 5 1 and 5 2 (a) the maximum width may not exceed 50% of the depth of the lot at the 15' setback (b) the height may not exceed fourteen feet (14 ) as measured from BFE (elevated) or lowest finished floor (non -elevated) to the highest portion of the roof of the structure (c) they must be open on 3 sides and no screen enclosures are permitted Porch 6 6 1 One Story Homes The lot coverage may be increased up to a total of 40% 6 2 Additionally an increase of up to 5% of lot coverage is permitted for any 4 Floor Area Ratio 47 Pervious Area 30%8 Sec 3 Driveway and Parking Criteria The following provisions shall apply to all single family development 3 1 Driveways 3 1 1 Points of Access Except on a corner lot, all driveways shall be limited to two points of connection at the intersecting right-of-way On a corner lot, a third point of connection shall be permitted so long as there are not more than two (2) points of connection along any one street 3 1 2 Driveway Material All driveways must be paved or covered with a hard surface or gravel rock 3 1 3 Setbacks All driveways must be set back at least five feet (5') from any side property line 3 1 4 Width A maximum width of twenty-four feet (24') is permitted for a lot with seventy-five feet (75') or less of frontage at the property line For all other lots the width of a driveway or combination of driveways at the point of intersection with the right-of-way shall not exceed the lesser of thirty-six (feet) 36' or 32% of the of the lot's frontage, including side street frontage on corner lots 3 2 Parking Parking spaces must be paved or consist of a hard, durable and dust -free surface which allows safe vehicular and pedestrian flow Sec 4 Lot Elevation Where a lot is filled for development purposes, the portion of the lot lying between the property lines and the building setbacks may not be filled to an elevation greater than 1 5' below the BFE, and 7Up to an additional 07 FAR is permitted for structures that are at least seventy percent (70%) open on each exposed side 8Pervious area is intended to mean non -paved permeable areas of the lot permitting the drainage and percolation of stormwater 5 no deck or pool permitted under Section 8 1 and 8 2 shall exceed said elevation in this area Sec 5 Drainage Buffer The development of all lots shall include the incorporation of a five foot (5') pervious landscaped buffer strip within and along the interior side and rear property lines Pavers or other walkway material may be placed within the landscaped area so long as they do not materially effect the drainage characteristics of the area Sec 6 Mechanical Equipment The use and location of Heating Ventilation and Air Conditioning Equipment (HVAC) and swimming pool equipment shall be limited as follows 6 1 HVAC Compressors HVAC compressors are subject to the following setback limitations Interior side 4' Front 10' Rear 10' Side Street 10' Additionally, HVAC compressors must be installed on an acoustically sound -proofed based or ledge with a visual screen from the right-of-way at the front of the lot and a solid acoustical screen from the properties lying along the side of the lot, which acoustical screen shall extend at least 1' above the top of the compressor Where an HVAC compressor is located on the roof of a building, it shall be visually screen from outside the lot Any wall permitted under Section 10 may serve as the required acoustical screen where the height of said wall extends at least one (1) foot above the top of the compressor 6 2 Swimming Pool Pumps and Equipment The location of all swimming pool pumps and other equipment associated with the use of swimming pools, including heaters, shall be subject to the following setback limitations Interior side 4' Front 10' Side street 10' Rear 5' 6 Additionally, where said equipment is located along any street frontage it must be visually screened from the public right-of-way 6 3 Solar Heating Panels All solar panels must be visually screened from the adjacent right-of-way(s), or set into the roof so that the upper roof surface abuts the side of the solar panel Sec 7 Boat Storage Boats of less than twenty-six (26) feet in length, not more than ninety-six (96) inches in width and thirteen (13) feet six (6) inches in height, may be stored in the RU, EU and GU Zoning Districts subject to all the following conditions (1) No more than one (1) boat may be stored on any one (1) lot, and (2) Boats and place of storage shall be kept in a clean, neat and presentable condition, and (3) No major repairs or overhaul work shall be made or performed on the lot, and (4) The boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer, however, nothing herein shall authorize the parking of a trailer on any lot - without a boat, and Sec 8 Decks, Pools and Screen Enclosures 8 1 Decks Decks, including patio decks with or without a pool, whether of wood or other construction, are subject to the following setback limitations Rear 51* Interior Side 5' Front 5' Side Street 5' * There shall be no setback limitation for Waterfront Lots 8 2 Pools Swimming pools, shall be subject to the following setback limitation and shall not exceed a height of greater than 7 one and one-half feet (1 5') below BFE when located within the principal building setbacks Rear 6 5' Interior Side 6 5' Front 6 5' Side Street 6 5' The foregoing setbacks shall be measured from the water's edge 8 3 Screen Enclosures Where a screen enclosure is used to enclose a pool or other area of a residence, it shall be limited in height to 22 5 feet and subject to the following setback limitations Rear 5 0' Interior Side 5 0' Front 15' Side Street 15' Notwithstanding the foregoing, the height of a screen enclosure shall not exceed eight and one-half feet (8 5') above the BFE at the rear and side setback, with a gradual transition to any greater height Sec 9 Rooftop Structures and Overhangs 9 1 Rooftop Structures 9 1 1 Height and Location Where a structure is permitted to extend above 35 ' from the top of a building, that structure under no circumstances shall exceed 40' in height Where a roofed structure is a permitted (including enclosed access areas) it shall not exceed (in square footage) 3% of the lot size and must be setback at least 30' from the front and rear property lines and 20' from side property lines, and open on three (3) sides 9 1 2 Recreational Uses No recreational facilities shall be permitted on the roof of any structure within the RU -1 or EU-M zoning districts 9 2 Roof Overhang No portion of a roof, including the gutter shall be permitted to extend beyond five feet (5') from the exterior wall of a building, nor may any portion of a roof extend closer than 3 5 feet from any 8 interior side property line, nor 2 5 feet from the front or side street property line When a scupper drainage system is used in connection with a flat roof, the scupper cannot be located closer than 7 5 feet from any property line Sec 10 Fences and Walls 10 1 Generally For purposes of regulating perimeter fences and walls, there is hereby established two zones The "Front Zone" being the area between any building and the adjacent street(s) but in no event less than fifteen feet (15') from the street, and the "Rear Zone" being the area from the back of the Front Zone to the rear property line 10 2 Height 10 2 1 Front Zone Except for arches, columns, gates and other ornamental entry features which may extend to eight (8) feet in height, the height between any building and adjacent street(s) shall be limited to six feet measured from the crown of the road 10 2 2 Rear Zone Six feet from the average grade of the lot or to the allowable height of a permitted wall on the contiguous lot The height, when measured from the grade of the contiguous lot is further limited to eight feet (81), except by mutual consent of the contiguous lot owners, the height may extend to four and one-half feet (4 5') above BFE 10 3 Finish 10 3 1 All walls between any building and the adjacent street(s) must be finished on all side(s) Masonry walls must be stuccoed and painted and wood fences must have no exposed horizontal supports or nail points Additionally, any solid wall or fence within the Front Zone which exceeds four feet (4') in height shall be limited to fifty percent (50%) of the lineal distance of the Front Zone 10 3 2 Rear Zone All concrete walls must be finished on the exterior face (stucco and paint) except where adjacent and contiguous to an existing wall All wood 9 fences must be finished so that no nail points are exposed or visible 10 4 Chain Link Fences Chain link fences are prohibited in the Front Zone Sec 11 Accessory Buildings and Uses 11 1 Location Except as provided for below, all accessory buildings may be located up to fifty feet (50') from the front property line without any reduction in the side setback distances Additionally, the following buildings and structures can extend up to fifteen feet (15') from the front 11 1 1 Buildings and structures open on three sides and not exceeding fifteen feet (15') in height 11 1 2 Detached garages not exceeding fifteen feet (15') in height with a finished floor no higher than two feet (2') above the crown of the road 11 2 Utility Sheds/Buildings Are limited in height to ten feet (10') and one hundred square feet (100 sq ft ) in area 11 3 Prohibited Materials The use of fiberglass, aluminum or other metal sheeting or cover shall be prohibited as a cover for accessory buildings, unless the roofing material is applied to a flat roof and not visible from the street Sec 12 Landscape Plans Whenever any permit is required for work on the exterior of a building or structure on a lot that permit application must include a landscape plan complying with requirements and standards adopted by Resolution of the Village Council Section 2 Repeal of Conflicting Provisions The intent of this ordinance is to supersede certain existing regulations within the RU -1 and EU-M zoning districts and to supplement other regulations within those districts with additional criteria and provisions It is the express intent of this ordinance not to repeal or otherwise modify any existing ordinance, provision or 10 regulation (or portion thereof) which is consistent and not in conflict with this Ordinance Consistent provisions not in conflict with this Ordinance shall continue in full force and effect Any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8 03 of the Village Charter, are hereby repealed Section 4 Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading, however, it is the express intent of this ordinance that a person wishing to construct, alter or modify a building or structure under the existing Village regulations may do so, so long as complete permit drawings together with an application for building permit is submitted to the Village on or before September 10, 1994 PASSED AND ADOPTED on first reading this 23rd day of February, 1994 11 PASSED AND ADOPTED on second reading this 9th day of March, 1994 3 •e6v7L_ FESTA, MAYOR ATTEST GUIDO H GUAI GUIDO H GUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY STE EN J HELhg VILLAGE ATTORNEY 12 ORDINANCE NO 94-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1993-1994 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1993-1994 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories, and WHEREAS, as a result of operations during the fiscal year 1993- 1994, certain changes are necessary in various categories, and NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 Budget Amendments Approved and Adopted The Budget of the Village of Key Biscayne for fiscal year 1993-1994 is hereby amended as outlined in Exhibit "A" Section 2 Effective Date This ordinance shall become effective upon adoption on second reading PASSED AND ADOPTED on first reading this llth day of January, 1994 PASSED AND ADOPTED on second reading this 25th day of January, 1994 3, a,4,a_ OR JOHN F FESTA ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1 VILI GE ATTORNEY EXHIBIT "A" VILLAGE OF KEY BISCAYNE AMENDMENT TO 1993-1994 BUDGET ORDINANCE 93-13 BUDGET TRANSFERS INITIAL AMENDED DESCRIPTION BUDGET INCREASE DECREASE BUDGET Debt Service Interest $250,000 $55,000 $195,000 Principal 621,200 621,200 0 Committee Expenses 1,000 5,000 6,000 Capital Outlay Fire Rescue* 550,000 614,000 1,164,000 Other Projects 335,000 57,200 392,200 Non -Departmental Payroll Tax 40,000 Retirement Contr 51,500 Life, Health, Dis 54,700 Workers Comp 5,500 Unemployment Ins 5,000 Administration Payroll Tax Retirement Contr Life, Health, Dis Workers Comp Unemployment Ins Village Clerk Payroll Tax Retirement Contr Life, Health, Dis Workers Comp Unemployment Ins Building, Zoning & Planning Payroll Tax Retirement Contr Life, Health, Dis Workers Comp Unemployment Ins 16,250 18,095 18,200 1,275 850 4,055 3,795 4,200 315 212 5,151 7,407 8,400 404 269 37,040 45,946 51, 800 3,597 1,937 2,960 5,554 2,900 1,903 3,063 16,250 18,095 18,200 1,275 850 4,055 3,795 4,200 315 212 5,151 7,407 8,400 404 269 Public Works Payroll Tax Retirement Contr Life, Health, Dis Workers Comp Unemployment Ins Economic Development Payroll Tax Retirement Contr Life, Health, Dis Workers Comp Unemployment Ins Recreation Payroll Tax Retirement Contr Life, Health, Dis Unemployment Ins 1,377 1,973 4,200 1,350 72 3,231 4,645 4,200 253 169 6,976 10,031 12,600 365 $1,913,900 $816,520 *See Exhibit "B" 1,377 1,973 4,200 1,350 72 3,231 4,645 4,200 253 169 6,976 10, 031 12,600 365 $816,520 $1,913,900 Revenue FY '93 Fund Balance Development Contribution Expenses Capital Outlay Crandon Boulevard Street Trees Neighborhood Plan Sodding Police/Fire Complex Fire Service Impact Fees Park Contribution BUDGET INCREASES $450,000 158,000 400,000 100,000 400,000 132,713 $1,508,000 382,713 1,890,713 $1,640,713 250,000 1,890,713 EXHIBIT "B" VILLAGE OF KEY BISCAYNE AMENDMENT TO 1993-1994 BUDGET ORDINANCE 93-13 Fire Rescue Vehicles Vehicle Apparatus Equipment Total Quint $449,571 00 $70,467 36 $520,038 36 Pumper 247,974 00 70,728 06 318,70206 Rescue 1 86,750 46 48,161 72 134,912 18 Rescue 2 86,750 46 48,161 72 134,M218 Suburban 26,813 40 26,81340 Suburban 26,813 40 26,K3 40 $924,672 72 $237,518 86 $1,162,191 58