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).
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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:
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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
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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
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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
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(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
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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:
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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.
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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:.
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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.
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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
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