HomeMy Public PortalAbout1997-18 Amending Chapter 30 Zoning by amending Supplemental District Regulations for Single Family DevelopmentORDINANCE NO. 97-18
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE
VILLAGE CODE, BY AMENDING ARTICLE III
"SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE
FAMILY DEVELOPMENT" BY AMENDING SECTION 30-
53.1 "SCHEDULE OF DEVELOPMENT CRITERIA;
BUILDING PLACEMENT, SETBACKS; PERMITTED
ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT
SIZE, ETC." SECTION 30-54 "ROOFTOP AND ROOF
OVERHANGS," SECTION 30-56 "LOT ELEVATION,"
SECTION 30-60 "FENCES AND WALLS," SECTION 30-61
"ACCESSORY BUILDINGS AND USES;" SECTION 30-63
"DOCKS AND MOORING PILES"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Village Council desires to amend the land development regulations provided
by Chapter 30 "Zoning" of the Village Code in a manner which will enhance the quality of life in
the Village; and
WHEREAS, this Ordinance shall serve to accomplish such purpose; and
WHEREAS, in accordance with Section 20-1 of the Village Code, the Village Council has
been designated as the local planning agency for the Village pursuant to Section 163.3174 Florida
Statutes; and
WHEREAS, the Village Council has reviewed this Ordinance and has determined that the
regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan
of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS1:
Section 1. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending subsection (1) "Principal Building Placement (Setbacks)" of Section 30-53.1,
entitled "Schedule Of Development Criteria; Building Placement, Setback; Permitted
Encroachments; Density; Height; Minimum Lot Size, Etc." to read as follows:
Sec. 30-53.1. Schedule of development criteria; Building placement, Setbacks; Permitted
Encroachments; Density; Height; Minimum lot size, etc.
The schedule of development criteria, building placement, setbacks, density, height,
minimum lot size shall be as provided in paragraphs 1-4 below.
1) PRINCIPAL BUILDING PLACEMENT (SETBACKS)
Village
Residential
Village Estate
Island Residential
(Interior)
Island Residential
(Waterfront)
Parkside
Residential
FRONT
20.0'*
25.0'
25.0'
25.0'
20.0'*
REAR
25.0'*
25.0'
25.0'
25.0'
25.0'*
INT. SIDE
7.5'
7.5'
7.5'
15.0'
7.5'
SIDE STREET
15.0'
15.0'
15.0'
15.0'
15.0'
* A Portion of the principal structure in the Village Residential and Parkside Residential
Districts may extend to a point up to 15' fifteen feet from the front and or rear property line
when that portion of the structure is no greater than 40 percent of the width of the lot at the
15' setback. When that portion of the structure is greater than 2025 feet in width, the wall
height may not exceed 14 feet as measured from BFE (elevated) or the lowest finished floor
(non -elevated).
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Underlined text has been added; text has been deleted from existing language.
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Section 2. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending Section 30-54 entitled "Rooftop and roof overhangs" to read as follows:
Sec. 30-54. Rooftop and roof overhangs.
(a) Principal building roofs in all single family districts must adhere to the following
regulations:
Hip Roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.
Gable End Roofs shall be symmetrically pitched between 6:12 and 84-212:12 ratios.
Profile molded gables may be pitched to a 4:12 minimum ratio.
Flat roofs shall have a minimum parapet height of one foot (1')
Shed Roofs shall have a minimum pitch of 3:12 ratio.
(b) Roof overhang. No portion of a roof, including the gutter shall be permitted to
extend beyond five feet from the exterior wall of a building, nor may any portion of
a roof extend closer than three and one-half feet from any interior side property line,
nor two and one-half feet from the front or side street property line.
When a scupper drainage system is used in connection with a flat roof, the scupper cannot
be located closer than seven and one-half feet from any property line.
(c) Recreational uses: No recreational facilities shall be permitted on the roof of any
structure within the single family zoning districts.
Section 3. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending Section 30-56 entitled "Lot elevation" to read as follows:
Sec. 30-56. Lot elevation.
(a) Generally. For the purpose of regulating lot elevations there is hereby established two
three zones. The "Front Zone" being the area between the building and any adjacent street(s) but
in no event being less than 15' from any street(s). The "Rear Zone" being the area from the building
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to the interior and rear property line(s) (or to the waterfront zone, if applicable) and
to the back of the "Front Zone." The "Waterfront Zone" being the entire area within fiftccn fcct (15')
twenty-five feet (25') from any waterway.
(b) Height
(1) `Front Zone ". When a lot is filled for development purposes the area delineated as
the front zone may not be filled to an elevation greater than two feet (2') above the
average crown of road.
(2) "Rear Zone ". When a lot is filled for development purposes the area delineated as
the "Rear Zone" may not be filled to an elevation greater than two and one-half feet
(2.5') below the established B.F.E.
"Waterfront Zone." When a lot is filled for development purposes the area delineated
as the "Waterfront Zone" may not be filled to an elevation greater than 6 inches (6")
above the existing bulkhead.
(34) Exclusions. Where necessary for the implementation of septic systems the
afore- mentioned requirements may be waived by the Director for only the
portion of the lot required for the septic system. Under no circumstances shall
said exclusions exceed minimum requirements for area and elevation.
(c) Pools, Pool decks, Terraces. Pools, pool decks and terraces which are located in
compliance with the principal building setbacks and included in lot coverage computations may
exceed the above -stated restrictions up to a maximum elevation of B.F.E.
Section 4. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending Section 30-60 entitled "Fences and Walls" to read as follows:
Sec. 30-60. Fences and walls.
(a) Generally. For purposes of regulating perimeter fences and walls, there is hereby
established two three zones. The "Front Zone" being the area between any building and the adjacent
street(s) but in no event less than 15 feet from the street, and the "Rear Zone" being the area from
the back of the Front Zone to the rear property line, or to the waterfront zone (if applicable), and the
"Waterfront Zone" being the entire area within 15 fcct 25 feet from any waterway.
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(b) Maximum Height.
(1) Front Zone. Except for arches, columns, gates and other ornamental entry features
which may extend to eight feet in height, the height between any building and
adjacent street(s) shall be limited to six feet as measured from the crown of the road.
(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, except by mutual consent of the
contiguous lot owners, the height may extend to four and one-half feet above BFE.
3)
Waterfront Zone. Four feet from the height of the existing bulkhead or existing
natural grade.
(c) Finish.
(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 nail points.
(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 fences must be finished so that no nail points are exposed or visible.
(d) Chain link fences. Chain link fences are prohibited in the Front Zone.
Section 5. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending paragraph (g) "No rooftop access" of Section 30-61 entitled "Accessory
buildings and uses" to read as follows:
Sec. 30-61. Accessory buildings and uses.
(g) No rooftop access. No rooftop access is permitted for any accessory structure located
in the rear zone of interior lots.
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(h) Waterfront View Corridor. Not withstanding permitted setbacks listed in Section 30-61
(d), Accessory Buildings located in the rear yard of waterfront lots must be located so as not to
encroach into the waterfront view corridor. The Waterfront View Corridor shall be defined by
triangles commencing at each property corner at extending along the rear and side lot lines for a
distance of 25' feet.
Section 6. That Article III, Supplemental District Regulations for Single Family
Development, of Chapter 30 "Zoning" of the Code of the Village of Key Biscayne is hereby
amended by amending Section 30-63 entitled "Docks and mooring piles" to read as follows:
Sec. 30-63. Docks and Mooring Piles.
(a) General Regulations. Notwithstanding the following, no Docking Facility within the
single family districts in the Village of Key Biscayne shall be constructed without prior written
approval by the Village of Key Biscayne Building, Zoning and Planning Department. The Village
reserves the right to deny such permit for any Docking Facility which is determined, under the
criteria provided herein and by applicable law, to be detrimental to the equitable, safe, and adequate
navigation of all Waterways in the Village.
(b) Biscayne Bay and Hurricane Harbor
Hi
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Docks and Mooring piles along Biscayne Bay and Hurricane Harbor shall be
governed by the following regulations:
Docks and Mooring piles must be set back a minimum of ten feet (10') from the
property line extended.
No Dock or Mooring pile shall extend into Biscayne Bay a distance of more
than 25 feet one-half (i/1) of the width of the property along Biscayne Bay.
No dock shall extend into Hurricane Harbor a distance more than twenty-five
(25') feet or 20% of the Harbor's width at the point of extension, whichever
is greater.
Mooring piles and Dolphins may not extend more than twenty (20') feet from
the dock line.
(c) Inland canals, lakes and waterway. Docks and mooring piles along island canals, lakes
and waterways shall be governed by the following regulations:
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(1) Docks and Mooring must be set back a minimum of ten feet (10') from the
side property line extended.
(2) No Dock shall extend into any Canal, Lake, or Waterway a distance greater
than five (5') feet.
(3)
No Mooring pile shall extend into Canals, Lakes, and Waterway a distance
more than twenty-five (25') feet or 20% of the Canal, Lake or Waterway
width at the point of extension, whichever is greater.
(4) Where the width of a Canal, Lake or Waterway does not permit the
placement of a Dock or outer Mooring pile, Fender Mooring piles may be
placed at a distance not to exceed eighteen inches (18") from the property
line.
Section 7. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 8. Inclusion in the Code. It is the intention of the Village Council, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of Key
Biscayne, Florida; 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 9. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any
provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment.
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Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31
et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local
Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by
suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
Section 10. Effective Date. This Ordinance shall be effective immediately upon passage by
the Village Council on second reading and shall be applicable retroactive to May 6, 1996. Such
retroactive application shall not be applicable to vested rights acquired prior to May 6, 1996.
PASSED AND ADOPTED on first reading this 26th day of August, 1997.
PASSED AND ADOPTED on second reading this 21st day of October, 1997.
ST:
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7,6,-, /-----
JOHN F. FESTA, MAYOR
HITA H. ALVAREZ, VILLAGE CLERK
fl RICHARD J. WEISS, VILLAGE • TORNEY
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