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