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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). 1/ Underlined text has been added; text has been deleted from existing language. 2 of 8 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 3 of 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. 4 of (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. 5 of (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 Q CD 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: 6of8 (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. 7of8 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: A0..//7 7,6,-, /----- JOHN F. FESTA, MAYOR HITA H. ALVAREZ, VILLAGE CLERK fl RICHARD J. WEISS, VILLAGE • TORNEY 8 of 8