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HomeMy Public PortalAbout1998-04 Amending Chapter 30 Zoning re Supplemental District Regulations for Single Family DevelopmentORDINANCE NO. 98-4 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." 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 FOLLOWS': 1/ Underlined text has been added; struek-thfeugh text has been deleted from existing language. 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 25 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated) or the lowest finished floor (non -elevated). ** Within the Village Estate District the following properties shall provide a rear waterway setback of 50 feet. 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 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 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 4. 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. 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 5. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 26th day of May, 1998. PASSED AND ADOPTED on second reading this 1st day of July, 1998. F. FESTA, MAYOR CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD J. WEISS, VILLAGE ATTORNEY 200 HARBOR DR 999.999999999998977 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 27 BLK 17 210 HARBOR DR 999.999999999998977 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 26 BLK 17 220 HARBOR DR 999.999999999998977 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 25 BLK 17 230 HARBOR DR I 4.000000000000000 PB 53-39 _ LOT 24 BLK 17 240 HARBOR DR 4.000000000000000 PB 53-39 LOT 23 BLK 17 250 HARBOR DR 4.000000000000000 PB 53-39 LOT 22 BLK 17 260 HARBOR DR 4.000000000000000 PB 53-39 LOT 21 BLK 17 270 HARBOR DR 4.000000000000000 PB 53-39 LOT 20 BLK 17 280 HARBOR DR 4.000000000000000 PB 53-39 LOT 19 BLK 17 290 HARBOR DR 999.999999999998977 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 18 BLK 17 300 HARBOR DR 4.000000000000000 PB 53-39 LOT 17 BLK 17 Legal_4 LegaL5 LOT SIZE 101.310 X 19: LOT SIZE 100.000 X 200 LOT SIZE LOT SIZE LOT SIZE LOT SIZE LOT SIZE LOT SIZE LOT SIZE LOT SIZE LOT SIZE 100.000 X 20C 100.000 X 20C 100.000 X 20( 100.000 X 20C 100.000 X 20( 100.000 X 20C 100.000 X 20C 100.000 X 20C 103.590 X 20C OR 14493-684 0390 5 OR 9543 439 OR 16544-0539-44 0994 4 OR 17190-4115 0596 1 73R66651 OR 14193-2600 0789 5 OR 17197-3345 0596 4 OR 16033-0895 0793 5 OR 16289-0244 0394 5 OR 15103-1829 0691 1 OR 16650-2098 0195 1 I I I I I I I t ( I I f I I I I ! 4 Village of Key Biscayne, Florida THE ISLANDER NEWS z Zoxty Office of the Village Clerk Village of Key Biscayne PUBLIC NOTICE Notice is hereby given that the adoption of the following ordinance will be considered on Second Reading by the Key Biscayne Village Council at a meeting 'to be held on Wednesday, July 1, 1998, at 6:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: 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 DEVELOP- MENT" BY AMENDING SECTION 30-53.1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SET- BACKS, PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC." CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Village Clerk, 91 West McIntyre Street, Suite 20I, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing and be heard with respect to the proposed ordinance. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office ofthe Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 3314J. telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). kr- Conchita H. Alvarez Village Clerk 1,4 Thursday, June '18, 1991 our Key To The World" C rucet Travel (305) 364-2288 Fax: (305) 361-2980 Toll Free: (800) 448-5962 At the Square 260 Crandon Boulevard, Suite 46 Key Biscayne, FL 33149 Mon. - Fri. 9 am - 6 pm Sat. 10 am -1 pm Ivonn e Creme/ (le Lary Presi den f i ;2 ,e3jFig— ,t 4 998' Once groundes dry By RAUL A. BERMUDEZ Herald Writer Eighteen years ago,. Carlos Martinez got his driver's license - suspended for speeding. Since he couldn't fly around in his car, -h aim- e fnr th k =t = Village 0 otice Notice is hereby given that the follOwing Ordinance will be -considered on Second`Readingrby the Key Biscayne Village Council- at a-rrieetg to_ a ,held on Tuesday _ une_23, 1998,:';a 7;0O,pm ,: hi the Council Chamber, lecated at 85 war'McIntyreStreet,Second Floor, Key Biscayne, -Florida." AN ORDINANCE OFT F } A:y . �{ " ; "� • , hY . AN QiiDI 30 ' L G Off`" i ` ISCAYNE;Fib RIDA =AEI ENDING "ZONING" OF;IHE-VILLAGE" COD ; B= AMENDINGARTICLE, HI "SUPPLEMENTAL DISTRICT REGULATION.� .. -DEVELOPMENT" BY AMENDING -SECTION " . DEVELOPMENT CRITERIA" -BUILDING PLACEMEN ', ENCROACHMENT; DENSITY;'-HEIGf T; MINIMUM LO A 50 -FOOT, REAR SETBACK FOR CERTAINPROP PENALTY'; PROVIDING -AN E; G �'VgE ,D T.E - "`-, Interested parties are invited to a .<,; �_::r._. pe—a- and Ge " feat. A ° Copy of the proposed ordinance ii ay been obtained 'at Village Hall, - Office- of -the Village Clerk,' 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may 'appear at the Public Hearing and be,heard with respect -to the proposed ordinance. In' accordance with the Americans With Disabilities Act_of 1990, all persons who are disabled and who need special accommodations to participate in this.proceedmg because of -that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later thanf-.tow business days prior to such proceeding. - Should any person -desire to appeal any kdecision; of the Village Council: with respect to any matter to .be 'consider at this meeting;- that person shall insure -that ,a verbatim- record of the proceedings is made including all testimony' and evidence' -upon which any appeal may' be based (ES. 286:01-05). - - Conchita H. Alvarez Village Clerk