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HomeMy Public PortalAbout1999-01 Amending Chapter 30 ZoningORDINANCE NO. 99-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE TITLE OF ARTICLE 11 FROM "AMENDMENTS TO ZONING ORDINANCE" TO "ADMINISTRATION OF THE ZONING ORDINANCE"; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINISTRATIVE VARIANCES" TO SECTION 30- 25, CREATING SECTION 30-24 "SUPERVISORY VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING AND NOTICE OF HEARING" TO SECTION 30-28, RENUMBERING SECTION 30-26 "EX- PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26 "REGULATORY VARIANCES"; CREATING SECTION 30-27 SUMMARY OF VARIANCE REGULATIONS; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. WHEREAS, the Code of the Village of Key Biscayne provides that an application for a text change of regulatory controls may be filed; and WHEREAS, the Building, Zoning, and Planning Department has prepared a staff report which recommends the adoption of this ordinance; and WHEREAS, the Village Council, following review and public hearing, accepts the recommendations as set forth herein and finds them to be in the best interests of the citizens of the Village of Key Biscayne. WHEREAS, the Village Council of the Village of Key Biscayne also acts as the Local Planning Agency. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1: That Chapter 30, Article 11 "Amendments to Zoning Ordinance" is amended to read "Administration of the Zoning Ordinance". (Coding: Words in type are deletions from existing law; words underscored are additions). 1 Section 2: That Chapter 30, Section 30-23, "Granting of Variances" of the Code of the Village of Key Biscayne is hereby amended as follows: Section 30-23 Granting of Variance Procedures. (a) Findings of fact. (1) Pursuant to artiele-8 Section 4.13 of the Charter of the Village certain ordinances of Metropolitan Dade County are made applicable to the Village as municipal ordinances, including Chapter 33 of the County Code (the "Zoning Code"). (2) The Zoning Code provides that under certain circumstances, non-use variances may be granted on an administrative basis without the necessity of public hearing or review. (3) The Council is of the opinion that the supervisory variance and the administrative variance procedures, as outlined in the Zoning Code this Article , is itrappropriate are appropriate for use in the Village. (b) Repeal. Section 33-36.1 of the Code of Metropolitan Dade County as made applicable to the vVillage is hereby repealed in it entirety. Variance Criteria. A variance shall be granted upon a finding that the petition meets the following criteria: w Maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community: and Is compatible with the surrounding land uses and would not be detrimental to the community. Use and Density Variances. In no instance shall a variance be granted which permits a use that is not listed as a Permitted use in the district in which the property is located or permits an increase in density that exceeds the maximum permitted density allowed in the zoning district in which the property is located (0 Types of Variances. There are three types of variances which may be granted under these regulations. These include Supervisory Variances, Administrative Variances, and Regulatory Variances. Resolution. The resolution which memorializes the approval of any type of variance shall be recorded in the public records of Miami -Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits. No building permit shall be issued 2 until proof of recordation has been submitted to the Building. Zoning. and Planning Department. Village Attorney Opinion for applications which are considered by the Village Council. The Village Attorney shall provide the Village Council with an opinion as to whether the application is properly submitted and that it does not constitute a change of zoning, a use variance or density variance Building. Zoning and Planning Director Recommendation for applications which are considered by the Village Council.. The Director of the Building. Zoning and Planning Department shall provide the Village Council with a recommendation for each application that is considered by the Council. Time Limit. The approval of any type of variance shall automatically become null and void unless the appropriate building permit, occupational license. Certificate of Occupancy o Certificate of Completion has been issued within 18 months of the date the resolution was executed by the Village Mayor. Requests for an extension of time for a maximum additional 18 months shall be considered by the Village Council. Notice requirements for such requests are the same as those that were used for the original application. Application Forms. The Building. Zoning, and Planning Department shall provide the applicant with the application form. Order or Notice of Violation. When the Building, Zoning. and Planning Director determines that an application is complete, prosecution of a violation shall be stayed until the Village Council approves or denies an application which would remedy the violation. If the Building., Zoning and Planning Director determines that a stay would imperil the life or property or otherwise create substantial risk or injury or would amount to a public nuisance, a stay shall not be issued. Appeals. An appeal of a decision made by an official of the Village shall be to the Village Council. Following a public hearing, a majority vote of the Council members in attendance at the meeting is required to reverse or amend a decision of said official. This shall not be applied to conflict with the Village Charter requirement of action by four (4) affirmative votes. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction by petition for certiorari, and within the time frames allowed by the rules of appellate procedures. For purposes of filing an appeal of a decision of the Council., any party who appeared in writing, orally, or was represented by an attorney, or any party who received written notice of the hearing from the Village Clerk or the Building. Zoning, and Planning Department, shall be considered as an aggrieved party, subject to judicial rules of standing. Consideration of Petitions After Denial or Withdrawal. When an application is denied by the Village Council or withdrawn after public notice has been provided, no other application that is substantially the same as the original application shall be filed within one year from 3 the date of denial or withdrawal. This prohibition may be waived by the Village Council by permitting the withdrawal or denial without prejudice. Any subsequent application that provides setbacks, density, or parking spaces of 10% or more of the counts that were provided in the original application, shall be determined to be a new application and not subject to provisions of this paragraph.. U) Notification. Whenever notification to property owners is required, the applicant making the request shall submit the following to the Building, Zoning, and Planning Department: 1. A list of the names and addresses of all property owners within the notification distance that was required by this Ordinance and a letter certifying as to the accuracy and completeness of the list by a Licensed Professional Engineer, Licensed Architect, Licensed Landscaped Architect., Licensed Real Estate Broker, Licensed Real Estate Appraiser, an attorney who is a member of the Florida Bar, a Licensed Land Surveyor, or a Land Planner who is a member of the American Institute of Certified Planners (AICP). 2. Two duplicate sets of self adhesive mailing labels containing the names and addressees of property owners indicated on the certified list Section 3: That Chapter 30, Section 30-24 "Administrative Variances" of the Code of the Village of Key Biscayne is hereby renumbered as Section 30-25 "Administrative Variances" and amended as follows: (a) Notwithstanding any provision to thc contrary in Chapter 30 of thc Codc of Kcy Biscaync , , section, Nor T sc Section 30-25 Administrative Variances The Administrative Variance procedure shall Code of Kcy Biscaync relating to apply only to improvements existing at the time of application as opposed to planned construction and involving the following matters exclusively: setbacks, , Floor Area Ratios, lot coverage, pervious area, and parking. The Administrative Variance procedures may only be used for applications which receive the approval of the Building, Zoning, and Planning Director. The maximum amount of the waiver is 20% of the requirement. (1) That the setback required for both principal and accessory buildings or structures is 4 (2) That the spacing requirement between principal and accessory buildings is not (3) that the parking requirements may be reduced from thosc normally required by (1) That the Non-Usc Variance will be in harmony with the general appearance and character of the community; (2) That the Non-Usc Variance will not be injurious to the area involved or otherwise detrimental to the public welfare; (3) That the improvements arc designed and arranged on the site in a manner that An application for an Administrative NUse Variance shall be made by the fee owner of the property on a form prescribed by the Building, Zoning and Planning Department and shall be submitted to the Building, Zoning and Planning Department, together with a processing fee which shall be set and may be amended from time to time by the Village Manager. The application shall include a recent survey of the property, an accurately dimensioned site plan showing the existing structures on the subject property, the general location and use of existing structures on the adjacent properties from which the Non -Use Variance is being requested and a letter of intent explaining the reason and justification for the Non -Use Variance. The application shall be accompanied by: (1) The written consent of all the owners of all adjacent or abutting lots to the subject property, including lots immediately across the street from the subject property; and (2) The written consent of all utilities and/or easement holders if the proposed work encroaches into any easements. Non -Use Administrative Variance applications shall not be processed unless and until all the information set forth in this paragraph (e d) is delivered to the Director of the Building, Zoning and Planning Department. (c)(4) Upon receipt of the completed application for the Non -Use Administrative Variance, the Director of the Building, Zoning and Planning Department, prior to making his decision, shall inspect or shall have a staff member of his Department inspect the subject property and 5 its surrounding properties to determine what impact, if any, the proposed request will have on the area. The applicant shall submit a petition from the residents and/or owners of the adjacent properties including the property or properties immediately across all adjacent streets, . attesting to their approval of the Administrative Variance. The Building. Zoning and Planning Department shall determine who is required to sign the petition. Wife) (OW) Upon receipt of all necessary information including a staff report, the Director of the Building, Zoning and Planning Department shall review the information and render his decision either approving, approving with modifications, or denying the request. A copy of said decision shall be published in a newspaper of general circulation in the Village of Key Biscayne. A courtesy notice containing the decision of the Director of the Building, Zoning and Planning Department may be mailed to adjacent and abutting property owners of record, their tenants or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. In granting any Noose Administrative Variance, the Director of the Building, Zoning and Planning Department may prescribe any appropriate conditions and safeguards he may feel necessary to protect and further the interest of the area and abutting properties. The decision of the Director of the Building, Zoning and Planning Department shall be recorded on the official zoning maps of the Village of Key Biscayne. The applicant, or any aggrieved property owner -the-afea, may appeal the decision of the Director of the Building, Zoning and Planning Department to the Village Council within 15 days from the date the decision is published. In the event of an appeal, the Director of the . A building permit shall not issued until the appeal period has tolled. In the event the Director of the Building, Zoning and Planning Department should determine that the prohibition of issuing a building permit could cause imminent peril to life or property, he the Director may permit t the issuance of a building permit upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. All appeals hereunder shall be in the form prescribed by the Village Manager and shall include a processing fee which shall be set and amended form from time to time by the Village Manager. The appeal shall be on forms provided by the Building. Zoning, and Planning Department. A fee shall not be charged. A request for judicial review of a the decision of the Village Council shall be made ' pursuant to a petition for certiorari. Section 4: That Chapter 30, Section 30-24, "Supervisory Variances" of the Code of the Village of Key Biscayne is hereby created as follows: 6 Section 30-24 Supervisory Variances Supervisory Variances. The Supervisory Variance procedure shall mean a variance from the provisions of the Code of Key Biscayne limited to improvements existing at the time of application as opposed to planned construction and involving the following matters exclusively: setbacks, spacing of buildings. Floor Area Ratios, lot coverage, pervious area, and parking. The Supervisory Variance procedures may only be used for applications which receive the approval of the Building. Zoning, and Planning Director and are subject to the following: LU (2) (3) The Building. Zoning and Planning Director shall have the authority to waive up to 2 ft. or 10% whichever is greater of the required setbacks, lot coverage, pervious area, or parking for projects which have been completed or under construction (see paragraphs 3 and 4 below). The applicant shall provide a written statement from the abutting property owner consenting to the waiver. There shall be no other notice requirement. For existing construction which has received a Certificate of Use or Certificate of Occupancy, the applicant shall provide an affidavit stating they did not construct that portion of the project which encroaches into the required setback. For projects which are under construction and an encroachment into the required setback has occurred, the applicant shall provide a statement that the encroachment has resulted from an error during construction. Section 5: That Chapter 30, Section 30-26, "Ex-parte communication" of the Code of the Village of Key Biscayne is hereby renumbered as Section 30-29. Section 6: That Chapter 30, Section 30-26, "Regulatory Variances" of the Code of the Village of Key Biscayne is hereby created as follows: Section 30-26 Regulatory Variances (a) Regulatory Variances The Village Council shall have jurisdiction regarding the disposition of a Regulatory Variances. The following procedures shall be used in the processing of applications for Regulatory Variances. 1. Application forms: The Building, Zoning, and Planning Department shall have the responsibility of assisting applicants in the filing of applications for Regulatory Variances. 7 2. Public Notice and Hearing Requirements: The Village Clerk shall schedule a public hearing pursuant to the procedures set forth in Section 30-26 28. An application for a Regulatory Variance requires one public hearing before the Village Council. All public hearings and meetings of the Council with regard to a Regulatory Variance are open to the general public. Interested parties shall have the right to appear at any meeting or public hearing, personally or by an attorney, and have the right to object or to express favor before the Council. Any interested person may file there objection or approval in writing prior to the time the Council makes a decision on the application. 3. Vote: Except as provided for in the Village Charter, A majority vote of the members of the Council in attendance is required to deny, approve or approve a request with conditions. Violations of the conditions shall be deemed to be a violation of this Ordinance. 4. Modification of Conditions: Should the applicant request to modify any condition., said request must be approved by the Village Council. Public notice shall be the same as that which was required for the original request. 5. Resolution: The Village Council shall memorialize its decision in the form of a resolution. The resolution shall be recorded in the public records of Miami -Dade County and be considered as a covenant running with the land. No building permit, Certificate of Occupancy, Certificate of Use, or Occupational License shall be issued until the applicant provides evidence of the recordation. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits. Section 7: That Chapter 30, Section 30-25, "Public hearing; notice of hearing" of the Code of the Village of Key Biscayne is hereby renumbered and paragraph (a) thereof is amended as follows: Sec. 30-2-5 28 Public hearing; Hearing and Notice of hcaring. Requirements (a) When an application, is filed which requires a public hearing before the Village Council, the Village Clerk shall schedule same and provide public notice as set forth below, Section 8: That Chapter 30, Section 30-27, "Summary of Variance Regulations" of the Code of the Village of Key Biscayne is hereby created as follows:. 8 Regulation Variance relating to: Setbacks Floor Area Ratios. Lot Coverage. Pervious Area, Parking % or footage that may be waived Requires Building, Zoning, and Planning Director approval prior to processing Approval of adjacent property owner nearest to request Approval of all adjacent property owners (petition) Mailed notice to property owners within 300 ft. Notice in newspaper Posting of property Appeal to Supervisory Variance Administrative Variance Regulatory Variance Variance relating to: Setbacks Floor Area Ratios. Lot Coverage. Pervious Area, Parking Variance relating to: Setbacks Floor Area Ratios. Lot Coverage. Pervious Area, Parking All variances 2 ft. or <10 % of requirement >10%but <20% Any percentage Yes Yes No Yes Yes No Only property owner nearest to the request Yes No No No Yes No Yes Yes No No Yes Village Council Village Council Court Section 9: 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 10: 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 part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. 9 Section 11: Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provision of the 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 12: Conflict: That all sections or parts of sections of the Code of the Village of Key Biscayne, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 13: That this ordinance shall be in full force and effect immediately upon the date of passage by the Village Council on second reading. PASSED AND ADOPTED on first reading this 8th day of December, 1998. PASSED AND ADOPTED on second reading this 12th day of January, 1999. JOE I. RASCO, MXYOR CONCHITA H. ALVAREZ, CMC VILLAGE CLERK CY: APPROVED AS TO FORM AN LEGAL S RICHARD J. WEISS, VILLAGE ATTORNEY This document was prepared by Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Dept. Jud Kurlancheek, irector 10 r�?