HomeMy Public PortalAbout2000 AllORDINANCE NO. 2000-1
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE COMPREHENSIVE MASTER
PLAN OF THE VILLAGE BY AMENDING THE FUTURE
LAND USE MAP FOR PROPERTY AT 800 CRANDON
BOULEVARD BY REMOVING IT FROM THE "OFFICE"
CATEGORY AND PLACING IT IN THE "COMMERCIAL"
CATEGORY; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS. Florida Statutes provide for procedures to process Small Scale Plan
Amendments to Master Plans; and
WHEREAS, TRC Real Estate Investment Inc. has filed an application with the Village for
a Small Scale Plan Amendment to the Master Plan for property at 800 Crandon Boulevard to remove
the property from the "Office" category and place it in the "Commercial" category; and
WHEREAS, the Local Planning Agency has provided a recommendation to the Village
Council regarding the proposed Small Scale Plan Amendment; and
WHEREAS, the Master Plan includes an analysis of retail space needs and lumber and
hardware space needs by 2003; and
WHEREAS, the Building, Zoning, and Planning Department has prepared an analysis of the
request and presented findings with regard to the Master Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA:
Section 1. That the Future Land Use Map is amended by removing property at 800
Crandon Boulevard from the "Office" category and placing it in the "Commercial" category;
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 Master Plan. 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 Master
Plan 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.
Section 4.
Village Council.
That this ordinance shall be in full force and effect upon approval of the
PASSED AND ADOPTED on first reading this 25th day of January , 2000.
PASSED AND ADOVI'LD on second reading this 8th day of February , 2000.
CONCHITA H. ALVAREZ, CMC, VII J AGE C$
APPROVED AS TO FORM AND LEGAL SUFFI
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RA'SCO
ORDINANCE NO. 2000-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 26 "TRAFFIC AND
VEHICLES" OF THE CODE OF THE VILLAGE OF KEY
BISCAYNE; CREATING ARTICLE III "SPEED ZONES;"
ESTABLISHING 20 MPH MAXIMUM SPEED FOR
VEHICLES OPERATED IN RESIDENCE DISTRICT
STREETS OF THE VILLAGE OF KEY BISCAYNE;
PROVIDING PENALTY; PROVIDING FOR REPEAL;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 316.189, Florida Statutes, as amended, permits municipalities to
establish reasonable speed limits of twenty (20) or twenty-five (25) miles per hour in residence
districts after an investigation determines that such speed limit is reasonable and in conformity with
criteria promulgated by the Department of Transportation; and
WHEREAS, Section 30-299 of the Code of Miami -Dade County likewise provides that a
municipality, after an investigation, may set speed zones altering the maximum speed limit of thirty
(30) miles per hour, after an investigation determines that such reduced speed limit is reasonable and
in conformity with criteria promulgated by the Department of Transportation; and
WHEREAS, the Village of Key Biscayne Police Department (the "Police Department") has
conducted an investigation in accordance with, and utilizing the procedures set out by, applicable
law and the promulgated rules of the Florida Department of Transportation; and
WHEREAS, the investigation by the Police Department has demonstrated that a maximum
speed of twenty (20) miles per hour is a reasonable speed for all local streets within the residence
districts of the Village of Key Biscayne, excluding any County or State roads within the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the above findings and recitals are hereby confirmed and adopted.
Section 2. That Chapter 26 "Traffic and Vehicles" of the Code of the Village of Key
Biscayne is hereby amended by creating a new Article III "Speed Zones," to read as follows:
ARTICLE III "SPEED ZONES."
Section 26-40. Definitions. Except where the context indicates a
different meaning, the words and teens used herein shall have the
meanings provided in Section 316.003, Florida Statutes, as amended
from time to time.
Section 26-41. Applicability. Except as otherwise specified in
Section 26-42 as to Harbor Drive, the reduced maximum speeds for
motor vehicles provided by this Article shall apply to all residence
district streets and alleys within the Village of Key Biscayne
excluding any State or County road. Nothing in this Article shall alter
or affect school speed zones established pursuant to Section
316.1895, Fla. Stat.
Section 26-42. Speed Zones; Established; Etc.
(a) As authorized by Section 316.189(1), Florida Statutes, there is
hereby established a maximum speed limit of 20 miles per hour
for all streets in residence districts of the Village of Key
Biscayne, except for Crandon Boulevard and Harbor Drive.
(b) Except as provided in (a) above, maximum speed limits in the
Village shall be as provided by Section 30-299(2) of the Miami -
Dade County Code as to County roads, and as provided by
Section 316.183 and Section 316.187, Florida Statutes, as to
State roads. The maximum speed limit of 30 miles per hour
shall continue to apply to Harbor Drive pursuant to Section 30-
299 (1) of the Miami -Dade County Code and Section 316.183
and Section 316.189, Florida Statutes.
(c) Speed zones shall be posted in accordance with Section
316.189(3), Florida Statutes.
Section 26-43. Penalty. Upon issuance of a Florida Uniform Traffic
Citation, violators shall be prosecuted in the County Court and shall
be subject to penalties pursuant to the county -wide schedule for fines
and fees as regularly applicable to motor vehicle speeding violations.
Section 3. Repeal. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed insofar as they are in conflict.
Section 4. 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 the
Village of Key Biscayne; 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," "Article"
or other appropriate word.
Section 5. 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 6. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 8th day of February , 2000.
PASSED AND ADOPTED on second reading this 14th clay of March 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
dila ''T
RICHARD JAY WEISS, VILLAGE ATTORNEY
1030011 ordinances \ speed zones
JOE L 1ThSC9•, YOR
3
ORDINANCE NO. 2000-3
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 17 "NOISE", BY AMENDING
SECTION 17-5 "EXEMPTIONS;" CREATING PARAGRAPH
(D); PROVIDING FOR VILLAGE COUNCIL TO BE
AUTHORIZED BY RESOLUTION TO PROVIDE FOR
LIMITED EXEMPTION FROM NOISE REGULATIONS FOR
CERTAIN HOLIDAY CELEBRATIONS, SUBJECT TO
CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
Whereas, the Village Council desires to amend the provisions of the Village noise ordinance
to enable the Village Council, by resolution, to provide for a limited exemption for certain holiday
celebrations.
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise", by amending
Section 17-5 "Exemptions", by creating Paragraph (d) to read as follows':
Section 17-5. Exemptions.
The terms and prohibitions of this chapter shall not be applied to or
enforced against:
(a) Any Motor Vehicle, Motorboat or other vehicle of the
Village, the County, the State or licensed public utility vehicle
within the Village while engaged in necessary public
business.
(b) Excavation or repairs of bridges, streets, highways, street
lights or utilities, by or on behalf of the Village, the County,
or the State, or performance of such work during the night if
the public welfare and convenience renders it impossible to
perform such work during the day.
(c) A reasonable use of amplifiers or loudspeakers in the course
of public addresses or gatherings which are noncommercial in
character; noise generated in the course of a special activity or
event which has obtained a permit pursuant to section 17-4;
noise generated for the purpose of alerting persons to the
existence of an Emergency or noise generated in the
performance of Emergency work.
(d) Holiday celebrations held on July 4, December 31 to January
1, or other holidays, but solely to the extent authorized by and
subject to the conditions set by resolution of the Village
Council, as adopted after a public hearing:
(1) if conducted for social, noncommercial purposes at private
residences; and/or,
(2) if conducted at restaurants or hotels.
Any violation of the conditions of the resolution shall cause a
waiver of the exemption and shall constitute a violation of this
Chapter.
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 the
Village of Key Biscayne; 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.
2
Section 4. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 8th day of February 2000.
PASSED AND ADOPTED on second reading this 14th day of March 2000.
CONCEIT -TA IL ALVAREZ, CMC, VILLAGE
! 0RT
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
103001\ordinances\amending chapter 17 —Noise
3
MAYOR JOE I. RASCO
ORDINANCE NO. 2000-4
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 25, "TAXATION," OF
THE VILLAGE CODE BY AMENDING ARTICLE II
"OCCUPATIONAL LICENSE TAX", BY AMENDING
SECTION 25-31 "OCCUPATIONAL LICENSE TAX
SCHEDULE", BY AMENDING PARAGRAPH PROVIDING
LISTING FOR "FINANCIAL INSTITUTIONS", TO CLARIFY
THAT SUCH LISTING ALREADY INCLUDES INSURANCE
COMPANIES UNDER EXISTING $150.00 ANNUAL RATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
Whereas, the Village Council desires to amend the designation of "Financial Institutions",
as listed in the Occupational License Tax Schedule (the "Schedule") provided by Section 25-31 of
the Village Code, so as to clarify the Schedule by expressing the Council's intent that insurance
companies were already previously included within the Financial Institution designation, as
previously intended.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the above -stated recital is confirmed and adopted.
Section 2. That Chapter 25 "Taxation" of the Village Code is hereby amended by
amending the paragraph applicable to "Financial Institutions" in Section 25-31 "Occupational
License Tax Schedule" of Article II "Occupational License Tax" by amending such paragraph to read
as follows:
Section 25-31. Occupational License Tax Schedule.
Taxes for the following Businesses, occupations or professions are hereby levied and
imposed as follows:
Financial institutions, which shall include insurance companies. banks, bankers, trust
companies, savings companies, building and loan associations, and savings and loan
associations and other financial institutions which are regulated by State or Federal
law $150.00
Section 3. 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 4. 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 the Village of Key Biscayne; 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 5. Effective Date. This Ordinance shall be effective upon adoption on second
reading, and since it constitutes a clarification of previously existing law, shall be applied
retroactively subject to the (imitations of Section 95.11, Florida Statutes.
PASSED AND ADOP 1'ED on first reading this 14th day of March 2000.
PASSED AND ADOPTED on second reading this llth day of April , 2000'.
doISICHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
FAIoi W 1 WAinana'¢wsaain€ QaPazs-xwti®.a¢
YOR JOE I. RASCO
affiant further sa
any person, fi
mission or r
ment for
(SEAL)
Octelma V. Ferbeyre pe
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned -authority personally -appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING 4/11/00
RE: ORD. AMENDING
CHAPTER 25, ETC.
in the XXXXXXX Court,
wa$publisited in 5a�da paper in the issues of
AA'7lllccLL SU CSD iJU
O
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and.
Legal Holidays) and has been entered as second Gass mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
that she
ither paid nor promised
discount, rebate, con -
securing this advertise -
paper.
re met! 400
RY Act. CFFI01AL NOTARY Sr -AL
t-fe:metIANETF LLERENA
C0MUISSON NUMBER
CC566004
cO My eOMMI$510N EXPIRES
t° JUNE 23,2000
VILLAGE OF' -KEY BISCCKYNW
'OFFICEOF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered
ion Second Reading by the Key Biscayne Village Council at a meeting to..
1„ -be heldon Tuesday, April 11 2000 at 7:00 p.m., in the Council Chamber,
located at 85 West McIntyre Street, Second Floor Key Biscayne, Flori- '.
AN ORDINANCE OF THE VILLAGE OFKEY.BISCAYNE, FLORIDA,
AMENDING CHAPTER 25 'TAXATION' OFTHE VILLAGE CODE BY
AMENDING ARTICLE If OCCUPATIONAL LICENSE TAX", BY
AMENDINGSECTION.25.31 .00CUPATIONAL LICENSE TAX SCHED-
ULE', BY AMENDING PARAGRAPH PROVIDING LISTING FOR
,'FINANCIAL INSTITUTLON$, TO CLARIFY THAT SUCH LISTING At)
READY INCLUDES' INSURANCE. COMPANIES UNDER' EXISTING
$15000. ANNUAL RATE PROVIDING FOR SEVERABILITY; P-ROVID-
;INC FOR INCLUSION IN CODE PROVIDING FOR EFFECTIVE
Interested parties are invited to appearand be heard -A copy of the pro-.
!posed; ordinance may be obtained at Village Hail, Office Pf the V Ilage-
-Clerk, -;91 West McIntyre. Street; Suit 203, :Key Biscayne; Florida.'
33449:r
in accordance with''theAmericans W itb DisabilitiesAct of 1990 all per-
sons who are disabled and who need special accommodations -to partici-
pate in this proceeding because of that disability shouldcontacttheOtfice
the Village Clerk; 91 West McIntyre Street,: Suite 203 Key Biscayne
'Florida 33149, telephone number (305)365-5506, notlaterthantwo busi-
nessdays prior to such proceeding:
Should any person desire to appeal any decision of the Village Council
f with respect to any; matter to be considefed at this meeting that person
-shall insure that a verbatim record of theproceedingsis madeincluding all
-testimony and evidence upon which- atfy appeaE maybe based
Conch,ta.R Alvarez, CMC
Village Clerk
13/30 004-57/38245M__
ORDINANCE NO. 2000 -5
AN ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA ADOPTING LAND
DEVELOPMENT REGULATIONS FOR THE
VILLAGE; RESCINDING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the Village of Key Biscayne provides that land
development regulations will be prepared and adopted to implement the goals and objectives of the
Comprehensive Plan; and
WHEREAS, the Village Council has determined that the Miami -Dade County zoning code,
currently in effect, does not meet the needs of the Village and desires to replace same; and
WHEREAS, the Village has held numerous Workshop Meetings and obtained extensive
input and participation by the public through these meetings; and
WHEREAS, the Village Manager has presented and recommended the adoption of Land
Development Regulations that will preserve the public health, safety and welfare of the Village; and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has held a public
hearing upon the Land Development Regulations and has recommended adoption of the Land
Development Regulations to the Village Council; and
WHEREAS, the Village Council has held public hearings upon the adoption of the Land
Development Regulations pursuant to this Ordinance; and
WHEREAS, in accordance with the Village's procedures and Section 166.041, Fla. Stat.,
public notice has been given of the public hearings for the proposed adoption of this Ordinance
adopting the Land Development Regulations; and
WHEREAS, the Village Council finds that it is in the best interests of the health, safety and
welfare of the residents and property owners of the Village of Key Biscayne to adopt the attached
Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
incorporated herein.
Section 2. Adoption of Land Development Regulations. That the Land Development
Regulations of the Village of Key Biscayne, attached hereto as Exhibit "A" and incorporated herein,
are hereby approved and adopted.
Section 3. Conflicts. That all ordinances and parts of ordinance in conflict herewith are
hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance
or the Land Development Regulations, and the Land Development Regulations shall replace the
provisions of the Miami -Dade County Zoning Code to the fullest extent allowed by law. However,
the repeal of ordinances and the replacement of the Miami -Dade County Zoning Code shall not
affect any offense or act committed or done or any penalty or forfeiture incurred, before the effective
date of this ordinance.
Section 4. Severability. That 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 5. 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 6. Effective Date. That this ordinance shall be in full force and effect on the date
of passage and adoption.
PASSED AND ADOPTED on first reading this 22nd day of February 2000.
PASSED AND ADOPTED on second reading this 9th day of May , 2000.
AT
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGALITY
JAY WEISS, VILLAGE ATTORNEY
Cwsy Doorman\WardDeta\IWstp@g\KeyBiscayneVovne CodeWdgniae Land Development Regolatione doc1271W 7:19 AM
2
ZONING
AND
LAND DEVELOPMENT REGULATIONS
C. Samuel Kissinger, Village Manager
Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., Village Attorney
Conchita H. Alvarez, CMC, Village Clerk
Jud Kuriancheek, AICP, Building, Zoning, and Planning Director
Recommended by the Zoning Ordinance Review Committee
on February 7 and 16, 2000
Recommended by the Local Planning Agency on February 22, 2000
Adopted by the Village Council on First Reading February 22, 2000
Adopted by the Village Council on Second Reading
For additional information:
Building, Zoning, and Planning Department
85 W. McIntyre Street
Key Biscayne, Fl 33149
305 365 5511
305 365 5556 Fax
CHAPTER 30
ZONING AND LAND DEVELOPMENT REGULATIONS
ARTICLE 1
ARTICLE 2
ARTICLE 3
TITLE, INTENT, PURPOSE AND METHOD 1.1
30-1 Title. 11
30-2 Intent and Purpose 1.1
30-3 Method. 11
30-4 Zoning and Planning Application Fees 1 2
30-5 -9 Reserved 1 3
DEFINITIONS 2.1
30-10 General Rules of Construction
30-11 Definitions.
30-12-19 Reserved
21
22
2 28
GENERAL PROVISIONS 3.1
30-20 Scope of Regulations. 3 1
30.21 Uncompleted Structures. 3 1
30.22 Errors and Violations 3 1
30.23 Replatted Lots and Resubdivision of Hotels and Motels.. 3.1
30.24 Street Frontage Required. , . . . 3.2
30.25 Use of Premises Without Buildings. 3 2
30.26 Use of Residentially Zoned Land for Access 3 2
30.27 Reduction of Plots Below Minimum Requirements 3 2
30.28 Storage on Residential Property. 3 2
30.29 Extension of Buildings With Nonconforming Setbacks. . . . . 3.2
30.30 Nonconforming Structures and Uses. 3 3
30.31 Duplex Subdivision. 3 4
30.32 Determination of Uses Not Listed. 3 4
30.33 Maximum Allowed Density. 3 5
30.34 Building Permits. 3 5
30.35 Certificate of Occupancy or Certificate of Completion. . . . . 3.5
30.36 Moving of Buildings 3 5
30.37 Uses and Activities to be Conducted in Enclosed
Building: 3 5
30.38 Enforcement and Penalties 3 6
30.39 Appearance of Structures and Sites Under Construction . . . 3.6
30.40 Fencing of Vacant Waterfront Lots 3 6
30.41-59 Reserved
36
ARTICLE 4 ADMINISTRATION OF THE ZONING ORDINANCE 4.1
30-60 General Provisions 41
30-61 Enforcement ... 41
30-62 Reserved 41.
30-63 Variance procedures 4 1
30-64 Supervisory Variances 4 3
30-65 Administrative• Variances 4 4
30-66 Regulatory Variances 4 6
30-67 Summary of Variance Regulations 4 7
30-68 Public Hearing and Notice Requirements . .. 4.8
30-69 Ex-parte Communications 4 8
30-70 Appeal of an Administrative Decision 4 9
30-71 Procedures for Text Change or Zoning District Change .. . . 4,9
30-72 Conditional Use Procedures 4 10
30-73 Administrative Building Moratoria . . . . . . . . . . . . . . . . . . 4,12
30-74 Other Building Moratoria 4 14
30-75 Exceptions to Moratoria 4 15
30-76 Variances, Conditional;, Uses, and Zoning
Changes and Moratoria 4 15
30-77 Administrative Zoning Moratoria 4 15
30-78 Other Zoning Moratoria 4 16
30-79 Zoning in Progress Procedures 4 17
30-80 Site Plan Review Procedures 4 17
30-81-99 Reserved 4 25
ARTICLE 5
SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT
REGULATIONS 5.1
30-100 Reserved for Single Family and Duplex Regulations 5 1
30-101 Commercial Districts ' ' 5 1
30-102 Govemment Use District. 5 3
30-103 Hotel Resort District 5 4
30-104 Institutional District 5 6
30-105 Multiple Family Districts. 5 7
30-106 Office Districts. 5 11
30-107 Private Club District. 5 12
30-108 Public Recreation and Open Space District 5 14
30-109 Supplemental Setback Regulations 5 14
30-110 Allowable encroachments into required yards (ati districts
except single family and PS Parkside Residential . . . . . . 5.15
Awnings 515
Canopies 5 15
Carports 5 15
Decks and Screen Enclosures (whether or not associated
with a pool) 5 15
ARTICLE 6
Driveways and sidewalks on private property
Fences and walls
515
5 15
Hedges .. 516
Lightpoles 5 16
Marine structures 5.16
Mechanical equipment 5 16
Parking Facilities, at grade lots and garages 5 17
Projections 5 18
Shed regulations 5 18
Solar Heating Panels 5 18
Swimming pool, hot tubs, spas 519
Tennis courts and similar court games 5 20
30-111 Accessory Use Regulations 5.20
30-112 Supplemental Use Regulations
Alcoholic beverages
Amusement devices
Bed and breakfast inns
Community residential facilities.
Day care facilities
Height exemptions
Home Occupations
Outdoor Dining
Room additions to residential structures and conversions
of garages or carports to living space 5 30
Satellite dish antennas 5 31
Vending Machines 5 32
30-113 Prohibited Uses 5 33
5 22
5 22
5 23
5 23
Commercial and office Uses adjacent to residential districts 5.24
Communication towers 5 24
5 26
5 27
5 28
529
529
CONCURRENCY MANAGEMENT 6.1
30-160 Purpose 6 1
30-161 Application for concurrency determination 6 1
30-162 Determination of vested rights 6 1
30-163 Level of service standards 6 2
30-164 Exemptions 6 2
30-165 Failure to establish concurrency 6 2
30-166 Appeal 6 3
30-167 to 179 Reserved 6 3
iii
ARTICLE 7 OFF STREET PARKING AND LOADING REQUIREMENTS7.1
30-180 Off street parking required 7 1
30-181 Location, character and size of required parking spaces . . . 7.1
30-182 Joint use of parking facilities 7 2
30-183 Calculation of required off-street parking spaces 7 3
30-184 Amount of required off-street, parking . . . . . . . . . . . . . . . . 7.3
30-185 to 30-199 Reserved 7 6
ARTICLE 8 SIGN REGULATIONS 8.1
30-190 Purpose 81
30-191 Prohibited signs 81
30-192 Required sings 8 2
30-193 Sings not requiring a permit a 2
30-194 Residential district permanent signs 8.2
30-195 Non-residential district signs . . . . . . . . . . . . . 8.3
30-196 Temporary signs 8 6
30-197 Supplemental regulations 8 11
30-198 Sign permits 8 12
30-199 Legal non -conforming signs 8 13
30-200 Sign maintenance 8 14
30-210 Removal of improper signs 8 14
30-211 to 30-229
ARTICLE 9 LANDSCAPE REGULATIONS 9.1
30-230 Purpose and Intent 9 1
30-232 Applicability 91
30-233 Landscape plan review criteria 9 3
30-234 Required irrigation plans 9 3
30-235 Tree Removal Permit 9 4
30-236 Protection of trees during construction or land development 9.5
30-237 Tree trimming standards 9 5
30-238 Minimum standards 9 6
30-239 Hatracking prohibited 9 7
30-240 Landscape manual 9 7
30-241 Certificate of Occupancy and Certificate of Completion . . . . 9.7
30-242-249 Reserved
ARTICLE 10 LEGISLATIVE 10.1
30-250 Provisions of Ordinance Deemed Minimum Requirements 10.1
30-251 Enforcement and Penalties 10.1
30-252 Official Zoning Map
iv
ARTICLE L TITLE, INTENT, PURPOSE, METHOD AND FEES
Sec. 30-1. Title.
(a) These regulations shall be known and cited as the "Zoning and Land Development Regulations
of the Village of Key Biscayne, Florida."
(b) The provisions, requirements and limitations set forth herein may be lmown and cited as the
"regulatory controls."
Sec. 30-2. Intent and Purpose.
The purpose of these regulations is to promote the health, safety, order, convenience, comfort, and
general welfare of the public by regulating the density of development the use of land; the size and configuration
of buildings for dwellings, trade, industry and other purposes; the density of population; and the size of yards and
other open spaces.
Sec. 30-3. Method.
(a). Listing of zoning districts. The Village shall be divided into zoning districts of such number,
shape and area as may be deemed best suited to carry out the purpose of these regulations. Such
districts shall be represented on the Official Zoning Map adopted, and from time to time
amended, by the Village Council. / The table below explains the symbols used for each
designation:
Single Family Districts.
IR Lsland Residential
VE Village Estate
VR Village Residential
Specialized Use Districts
PC Private Club
GU Government Use
PROS Public Recreation and Open Space
PUD-1 Ocean Club
PUD-2 Grand Bay
PUD-3 Key Colony
Single Family and Two Family District(s)
Parkside Residential
Office District
0-1 Low Intensity Office
1.1
Multiple Family Districts
RM-1 0 Low Density Multiple Family
RM-16 MediutnDensity Multiple Family
C-1
Commercial Districts
Low Intensity Commercial
RM-30 High Density Multiple Family,
Hotel Districts
HR Hotel Resort
I
Other Districts
Institutional
Note: District regulations may be found in Article V
(b) Zoning district designation of government owned property. All governmental owned or ground
leased properties shall be deemed zoned GU, Governmental Use, although they may not be so designated on the
Official Zoning Map.
(c) Repository of the Official ZoningMap. The Official Zoning Map shall be on file and available to
the public in the Building, Zoning, and Planning Department.
(d)
Interpretation ofDistictBoundaries.
(1) A district name or symbol shown on the Official Zoning Map indicates that the regulations
pertaining to the district designated by that name or letter -number combination extend
throughout the whole area in the municipality bounded by the district boundary lines within
which such name or symbol is shown or indicated, except as otherwise provided by this section.
(2) In cases where a boundary line is given a position within a sheet or alley, easement, canal,
navigable or non navigable waterway, it shall be deemed to be in the center of the right-of-way
of the street, alley, easement, or waterway.
(3)
If a site is crossed by a zoning district boundary and thus lies in more than one district, the
district boundary shall be treated as if it were a lot line separating the two separately zoned
parcels.
(4) The boundary line for properties having a lot line adjacent to the bay or a canal is the bulkhead.
If a bulkhead does not exist, the property line shall be as shown on a survey that is signed and
sealed by a registrsed surveyor in the state of Florida
(5)
The boundary line adjacent to the Atlantic Ocean is the Erosion Control Line as determined in
accordance with Florida Statutes.
Sec. 30-4. Zoning and planning application fees.
The Village Council is hereby authorized to impose fees for the filing and processing of zoning and
planning applications, including applications for variances, rezonings, comprehensive plan amendments,
appeals of administrative interpretations and other zoning or planning related services provided by the
Village Building, Zoning and Planning Department. Such fees shall be set and may be amended from time to
time by resolution of the Village Council following a public hearing.
1.2
Secs. 30-5 — Sec. 30-9. Reserved.
1.3
ARTICLE IL DEFINITIONS
Sec. 30.10. General Rules of Construction.
(a) General Rules. For the purpose of these Zoning and Land Development Regulations, certain
terms used herein are herewith defined. The following general rules of construction shall apply to the
regulations of this Code:
(b) The singular number includes the plural and the plural the singular, unless the context clearly
indicates the contrary.
(c) Words used in the present tense include the past and future tenses, and the fixture the present
tense.
(d) The word "shall" is mandatory, the word "may" is permissive.
(e) The word "building" or "structure" includes any part thereof, and the word "Building" includes
the word "Structure."
(f) The word "lot" includes the word "plot" or "parcel" or "tract" or "site."
(g) The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be
used or occupied
(h) The words "required yards" or "minimum required yards" and "minimum yards" includes the
word "setback."
(i) When this Code refers to other ordinances, codes or statutes the reference shall imply the most
up-to-date ordinance, code or statutes, as amended.
(j) Words and terms not defined herein shall be interpreted in accord with their normal dictionary
meaning and customary usage.
(k) When not inconsistent with the context, words used in the present tense include the future tense.
(1) The word "land" shall include water surface and land under water.
(m) If a Use is not listed as a Main Permitted Use, Conditional Use or Accessory Use, said Use is
automatically considered as a Prohibited Use. Any use which is lawfully existing as a Main
Permitted Use, Conditional Use or Accessory Use at the time of the adoption of an ordinance that
would render it a Prohibited Use, shall become a Iawfull nonconforming use, subject to the
limitations on such uses contained m this Code.
2.1
(n) If a Use is specifically enumerated then it takes preference over general applications or
interpretations of these regulations. If a Use is specifically enumerated as a Permitted Use in a
district then to be considered as a permitted use in another district, it must also be specifically listed
(o) When this ordinance refers to a "Director," the referral shall automatically include the Director's
"designee" unless specifically otherwise stated.
(p) Words of any gender shall be deemed and construed to include correlative words of the other
gender.
(q) The symbol > means "more than" and the symbol < means "less than". When these symbols are
underlined, it means "or equal to".
(r) When a word is not defined in Subsection 30-12 below, definitions in dictionaries shall apply.
Sec. 30-11. Definitions.
[As used in this article, the following words and terms shall have the meanings respectively
ascribed]
Abutting or Adjacent Property. Property that is immediately contiguous to property that is subject
to review under these regulations or property that is located immediately across any road or public
Right -of -Way from the property subject to review under these regulations.
Access. The principal means of ingress and egress to a Lot from a publicly dedicated Right -of -
Way.
Access Waterways A waterway that is developed or constructed in conjunction with the
Development of real estate for the purpose of providing access by water to Lots.
Accessory Building or Structure. A subordinate Building or Structure on the same Plot with, or a
part of, the main Building, which is occupied by, or devoted to, an accessory use.
Accessory Use, Building or Structure. A use or structure subordinate to the principal use of a
building or parcel of land, on the same or contiguous to that parcel of land and serving a purpose
customarily incidental to the use of the principal building or parcel of land.
Adult Entertainment Establishment. Is an adult theater, an adult video/bookstore, an adult
performance establishment, a commercial physical contact parlor, or an escort service operated
for commercial or pecuniary gain, regardless of whether such Establishment is licensed under
this code. "Operated for Commercial or Pecuniary Gain" shall not depend upon actual profit or
loss. An Establishment which has an occupational license or an Establishment which advertises
itself as a type of Adult Entertainment Establishment shall be presumed to be "Operated for
Commercial or Pecuniary Gain".
2.2
Alterations. Any change in size, shape or character of construction of a Building Structure, or
Sign.
Amusement Center. A permanent Building housing mechanical amusement devices, automatic
merchandise vending machines, and/or juke boxes, without respect to number, provided all other
laws, ordinances, or regulations of the Village are complied with
Antique. An object having special value or Significance because of its age, and belonging to,
made in, or typical of an earlier period of history.
Apartment Building. A Building with or without resident supervision occupied or intended to be
occupied by more than two families living separately with separate cooking and sleeping facilities in
each Unit.
Apartment Efficiency. A Dwelling Unit consisting of not more than one habitable room, together
with kitchen or kitchenette and sanitary facilities.
Apartment Hotel. A multiple Dwelling under resident supervision, which maintains an .inner
lobby through which all tenants must pass to gain access to the apartments and which may finnish
dining room service.
Apartment Unit. A room or group of rooms, occupied or intended to be occupied as separate
living quarters by one Family and containing independent cooking and sleeping facilities.
Assigned Resident. Any Person residing within a residential care facility other than foster parents
and their natural or adopted children and designated supervisory Personnel.
Attic Story. A space under a sloping roof in which the line of intersection of the roof structure and
the wall face does not exceed four feet as measured from the finished floor. Not more than two-
thirds (2/3) of the Floor Area of said Story may be finished for use.
Automatic or Coin -Operated Service Trade Machine. Any machine or device other than an
amusement device, vending machine, or juke box, such as a laundry washing machine or drying
machine.
Automobile Repair, Major. General automobile repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service including body, frame or fender straightening or repair;
overall painting or paint shop; vehicle steam cleaning.
Automobile Repair, Minor. Simple automotive repair which can be accomplished entirely within
an enclosed Structure, including but not limited to minor motor tune-up and repair, upholstering tire
repair and replacement and muffler installation, but not including any operations listed under
2.3
Automobile Repair, Major, or any other operation similar thereto.
Automobile Wrecking or Salvaging. The dismantling or disassembling of used motor vehicles or
trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked
vehicles or their parts.
Availability or Available. With regard to the provision of facilities and services concurrent with
the impacts of Development, means that at a minimum the facilities and services will be provided in
accordance with the standards set forth in Rule 91-5.0055(2), Florida Administrative' Code.
(Definition used for Concurrency determinations.
Average Lot Width. The average of the width of the lot at the front and rear property lines.
Awning. Hood or cover which projects from the Wall of a Building to afford protection from sun
or rain for pedestrians or vehicles.
Balcony or Terrace. A platform that projects from the wall of a Building and has a parapet or
railing. The platform may service one unit or it may be a continuous platform serving more than one
unit with a wall separating the platform between the units. It may or may not have a roof
Bar. Any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic
beverages, or any place where any Sign is exhibited or displayed indicating that alcoholic beverages
are obtainable for consumption on the premise.
Bare Flood Elevation (BIM. The Base Flood Elevation of a property as established by the
Village's Flood Protection Ordinance.
Basement. That portion of an elevated structure below the BFE, existing solely due to the
structural design of the elevated structure and as such being non finished for habitation.
Bed and Breakfast Inn. A Structure originally built as a single family residence which is owner
occupied and operated to provide guest rooms with breakfast and/or dinner included as part of the
room rate.
Billboard. A Sign, normally mounted on a Building Wall or freestanding Structure, with
advertising copy which refers to something other than the name and primary character of the
business on the premises where it is located or is located on a remote site from service or site
referred to by the Sign copy.
Block..A parcel of land entirely surrounded by Streets, streams, railroad rights -of -way, parks or
other public space or combination thereof.
Boarding House. A Lodging House or Rooming House that provides meals for guests. This
definition does not include Bed and Breakfast Inns, Hotels or Motels.
2.4
Building. Any Structure, either temporary or permanent, having a roof, and used or built for the
shelter or enclosure of Persons, animals, chattels, or property of any kind. This definition shall
include tents, awnings, or vehicles situated in private property and serving in any way the function of
a Building but is not intended to permit such Structures other than where expressly allowed under
this Code.
Building Line. The limits of building for a specific lot as established by the principal building
setbacks.
Building, Zoning, and Planning Director. That individual appointed by the Village Manager as
the Director of the Building, Zoning, and Planning Department.
Cafe, Outdoor (Outdoor Dining Facility). A use located on private property that is characterized
by outdoor table service of food and beverages that are prepared in an adjacent or attached restaurant
for consumption on the premises. It is characterized by tables and chairs and may be shaded by
canopies, awnings, or umbrellas.
Cafe, Sidewalk. A use located in the public right of way that is associated with a restaurant where
food or beverages are delivered for consumption on the premises (but not having cooking or
refrigeration equipment). It is characterized by tables and chairs and may be shaded by canopies,
awnings or umbrellas.
Canopy. An Awning over a building entrance that extends to the edge of the adjacent right-of-
way.
Car C nt_ Gina n place providing , protecti,, and a . 48
Carport A roofed structure which is completely open, except for supporting columns (may
include kneewall, max. height 2.5 feet), on two sides and attached to or detached from the main
building, designed and used for the purpose of providing shelter for one or more motor vehicles.
Carport Canopy. A structure of lightweight wood or metal construction which is covered by
trellis, canvas, or similar light weight sheathing for the purpose of providing shade to one or more
vehicles. Carport canopies, as defined herein, are limited in height to ten feet above the Maximum
Lot Elevation and limited in area to 300 square feet
Certcate Of Appropriateness. A certificate issued by the Building, Zoning, and Planning
Director indicating that the new construction, alteration, of demolition of a Historic Building within
a Local Historic District is in accordance with the Historic Preservation regulations contained in
these regulations.
Change Of Occupancy. A discontinuance of existing use and the substitution therefor of a use of
2.5
a different kind or class. Change of occupancy is not intended to include a change of tenants or
proprietors unless accompanied by a change in the type of use.
Chief Code Enforcement Officer. Includes any Village employee working under the authority and
direction of the Building, Zoning, and Planning Director.
Club, Private. Nonprofit association or organization of fraternal or social character.
Club, Night. A restaurant, dining room, Bar or other similar establishment providing food or
refreshments wherein floor shows or other forms of entertainment are provided.
Commercial Uses. Any activity where there is an exchange of goods or services for monetary
gain. Such activities include but are not limited to retail sales, offices, eating and drinking facilities,
theaters and similar uses.
Communication Tower, Cellular. A tower that is designed and used for the purpose of sending
and receiving cellular telephone calls. Included in this definition is the actual tower and any
accessory Building used to house necessary communication equipment.
Communication Tower, Monopole. A cellular communication tower that consists of a single pole
set in a concrete foundation, and having the sending/receiving equipment mounted at the top of the.
pole.
Communication Tower, Three -Sided. A self-supporting cellular communication tower that has
three sides, no guy wires, and the sending/receiving equipment mounted at various locations on the
tower.
Community Residential Home. Any Building or Buildings, section of a Building, or distinct part
of a Building; residence, private home, or other place, whether operated for profit or not, which is
licensed and/or monitored by the State Department of Children and Families (or any successor
agency) to provide a family living environment (including supervision and care necessary to meet the
physical, emotional and social life needs of one or more assigned residents not related to the owner
or administrator by blood or marriage).
Completely Enclosed Building.. A Building separated on all sides from adjacent open space, other.
Buildings or other Structures by a permanent roof and by exterior walls or party walls, pierced only
by windows and normal entrance or exit doors.
Concurrency. The requirement that necessary public facilities and services to maintain the
2.6
Village's adopted level of service standards are available when the impacts of Development occur.
Concurrency Determination. A determination as to whether required facilities and services
needed to support Development will be available concurrent with the impacts of such Development
Concurrency Management System. The procedures and/or process that the Village will utilize to
assure that Development Permits are not issued unless the necessary facilities and services will be
available concurrent with the impacts of Development
Conditional Use. A use that is not generally appropriate in a district, but would be appropriate if
it is consistent with the review criteria.
Consignment Shop. A business establishment which offers merchandise for sale which has been
entrusted to the business for which the owner of the merchandise is paid after the sale of the
merchandise by the business.
Convalescent Home. A Building, or portion thereof wherein for compensation, living
accommodations and care are provided for Persons suffering from illness, other than mental or
contagious, which is not of sufficient severity to require hospitalization, or for Persons requiring
further institutional care after being discharged from a hospital other than a mental hospital.
Cooking Facilities. Any device used for food preparation, specifically to cook, heat, or defrost
food Such devices may include, but should not be limited to, a wet -bar sink a microwave, or
toaster.
Copy. The wording on a Sign surface either in permanent or removable letter form, including
trademark emblems or reproductions.
Cul-De-Sac or Dead -End Street. A minor Street with only one outlet terminating at one end
sometimes with a circular turn around
Day Nursery. (See Nursery School).
Deck: A platform located below the Base Flood Elevation whose horizontal surface is
attached to the ground:
Dedication. A grant for designated public use.
Density. Is the maximum number of Units per acre, which can be developed on a parcel of land
(measured to the property lines).
Department Of Transportation Standards. Includes the term State Standards and as used herein
shall refer to the Florida State Department of Transportation's Standard Specifications for Road and
Bridge Construction as currently adopted and in use.
2.7
Developer. Any individual, firm, association, syndicate, co -partnership, corporation, trust or any
other legal entity commencing proceedings under these regulations. Inasmuch as the subdivision plat
is a necessary means to the end of assuring a satisfactory Development under the terms of Village
Code, the term Developer is intended to include the term Subdivider, even though the Persons
involved in successive stages of the project may vary.
Developer's Engineer. A professional engineer registered in this state, and engaged by the
developer to plan and supervise the construction of the work required under these regulations.
Development. That meaning given in Section 380.04 of the Florida Statutes.
Development Permit. Any Building permit, use approval, subdivision or plat approval, site plan
approval, Development Review Committee Order, rezoning, Conditional Use, or other official action
ofa Unit of Village having the effect of permitting the Development of land.
Dividing Strip. A separation, planted whenever possible, between opposite directional flows of
traffic. It may also mean a separation between the traffic lanes on a traffic Street or highway and the
parallel service Street which provides access to property nominally fronting on the trafficways.
Drive-In/Drive Thru Restaurant or Refreshment Stand. Any place or premise used for the sale,
dispensing or serving of food, refreshments or beverages to patrons who enter upon the premise in
automobiles andreceive service in automobiles, or for consumption of food, refreshments or
beverages in automobiles or otherwise off premises.
Duplex or Two -Family Residence.. A residence building designed for, or used as, the separate
homes or residence of two separate and distinct families. Each individual unit in the Duplex shall
have all living room accessible to each other from within the unit and each individual unit is to be
occupied exclusively by one Family as a single housekeeping unit.
Dwelling. Any Building or part thereof, occupied in whole or in part, as the residence or living
quarters of one or more Persons, permanently or temporarily, continuously or transiently.
Dwelling, Group, A Building or part thereof, in which several unrelated Persons or families
permanently reside, but in which individual cooking facilities are not provided for the Persons or the
families. Group Dwelling may include a rooming house, fraternity house, sorority house, convent,
monastery or private club in which one or more members have a permanent residence. Group
Dwelling shall not be deemed to include a Hotel, Motel, tourist home, or trailer park
Dwelling, Multiple Family. A Dwelling occupied by three or more families; a Dwelling
comprised of three or more Dwelling Units:
Dwelling, One Family. One or more rooms or buildings physically arranged so as to create an
independent housekeeping establishment or unit for occupancy by one Family with separate toilets,
and facilities for cooking and sleeping.
2.8
Dwelling, Single Family. A Dwelling occupied by not more than one family; a Dwelling
comprised of only one Dwelling Unit.
Dwelling Two Family. A Dwelling occupied by not more than two families; a Dwelling
comprised of two Dwelling Units.
Easement. An interest in land granted for limited use purpose, but which does not convey fee title
to real property.
Elevated Home. A home having all finished floors at or above BFE.
Enforcing Official. The officers and employees of the department, bureau or agency of the
Village to whom the duty of enforcing the terms of these regulations are assigned.
Erected. Includes built, constructed, reconstructed, moved upon or any physical operations on the
premise required for Building.
Established grade. The Established Grade, as applied to any building site shall be the average
elevation of the sidewalk abutting such building site or, if there is no sidewalk, the average
elevation of the crown of the road or street abutting such building site. Where a building site
abuts more than one road and/or street, the Established Grade shall be the average elevation of
the sidewalks abutting such building site, or if there are not sidewalks, the average elevation of
the crown of the road on streets abutting such building site.
Family. Any number of individuals living together as a single housekeeping unit and doing their
cooking on the premises, as distinguished from a group occupying a boarding or rooming house or
hotel.
Floor Area.. The sum of the areas of the floors of a Building or Buildings, measured from the
Exterior faces of Exterior walls or from the Exterior face of an architectural projection, from the
centerline of walls separating two attached Buildings. The calculation of Floor Area for unit sizes is
measured from the centerline of a party wall to the interior face of an exterior wall.
The Floor Area of a Building shall include all areas except for those areas listed below, unless
otherwiseprovidedfor in this Ordinance:
(1) Accessory water tanks or cooling towers.
(2) Unenclosed exterior staircases or steps, exterior open fire escapes and open
stairwells.
(3)
Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Unenclosed exterior terraces, Balconies, breezeways, porches or hallways which
2.9
1
welting.
Motel. A Building, or part thereof, in which sleeping rooms and/or living accommodations are
offered to the public, with no cooking facilities for use by the occupants, primarily on a short term or
transient basis, with access to the individual Units from the exterior of the Building and Parking
facilities for use of occupants near their quarters.
N/A. Not applicable.
National Register District or Site designation. A voluntary honor which is bestowed on a
property or a district by the federal government. The designation allows for tax credits in return for
Building improvements that comply with certain design standards. In order to receive this
designation, it must be demonstrated that individual Building or Buildings within a district have
made a Significant contribution to a broad pattern of history or were associated with the lives of
Persons Significant in the past or have distinctive architectural features or were designed by a master
builder or yield important information to our past.
Non -Conforming Structure. A structure which lawfully existed prior to the adoption, revision or
amendment of this ordinance, but which fails, by reason of such adoption, revision or amendment, to
conform to the regulations applicable in the Use District in which it is located.
Non -Conforming Use. A use or activity which lawfully existed prior to the adoption, revision or
amendment of this ordinance, but which fails, by reason of such adoption, revision or amendment, to
conform to the regulations applicable in the Use District in which it is located
Nursery School. A place for the day care and instruction of children not remaining over night.
This definition includes the term Day Nursery.
Nursing Home. A home for aged, chronically ill, or incurable Persons in which three or more
Occupational License. A license issued by the Village as a prerequisite to the maintaining and
conducting of a business, service or profession.
Occupational License (Restricted). Any Occupational. License issued to a Person engaged in any
business or profession whose place of business is his residence.
Occupied. Includes arranged, designed, built, altered, converted, rented or leased to be occupied.
Office Building. A Structure designed to provide space for professional offices and service
activities and providing a common Parking area or areas for tenants and their customers.
2.14
Offices, Professional. Offices which are utilized by Persons employed in a profession or
occupation requiring special, usually advanced, education or Moll and not involving either sales or
repair of any product or merchandise or the providing of any Personal services on the premises.
Professional offices include, but are not limited to, Medicine, Law, Accounting, Real Estate,
Insurance, Architecture, Engineering, Stockbroker, Banking and Financial, and Private Investigator
(excluding bail bonds).
Official Zoning Map. A map adopted by the Village Council showing zoning district designations
of property.
Open Space and Institutional Uses. Shall include public parks and recreation areas, schools,
churches, hospitals and similar public service uses.
Outdoor Dining Facility. A Use located on private property that has outdoor table service of food
and beverages, which are prepared in an adjacent or attached restaurant, for consumption on the
premises. It is characterized by tables and chairs and may be shaded by canopies, awnings or
umbrellas.
Overlay Regulations. A set of regulations which are superimposed upon and supplement, but do
not replace, the underlying zoning district and regulations otherwise applicable to the designated
areas.
Paokage'-Store. n place ...hare oleoholic b vcragco axe dispensed o sold -in vvntainiefs- for
Parapet. That portion of a wall which extends above the roof line.
Parking. The temporary, transient storage of private passenger automobiles used for Personal
transportation, while their operators are engaged in other activities. Parking shall not include storage
of new or used cars for sale, service, rental or any other purpose other than specified above.
Parking Lot. An all weather surface area, not in a Street or alley, that is used for the temporary
Parking of more than four vehicles.
Parking Lot or Garage, Satellite. A Parking Lot or garage that is accessory to, but located on a
Lot that is not Abutting, the main permitted use.
Parking Lot and/or Garage, Valet. A Parking Lot and or garage which is accessory to and, that
may or may not be located on the same Lot as, the main permitted use, where non-commercial,
Personal passenger automobiles and vans are parked solely by employees or agents of the owner of
the main permitted use.
Patio or Pool Deck A horizontal surface, whether of wood or other construction located in the
2.15
front, rear or side yard of a Lot or on the roof of a flat structure.
Pedestal. That portion of the Building or Structure that is less than 50 ft, in height measured from
the BF'E.
sdestrian . . hoe at least 70-V eft .e W n , e botwcc 2 f et and 8 f et above the
g,
Person. Includes association, firm, co -partnership, or corporation.
Personal Service Uses. Establishments that are primarily engaged in providing non -medical
services involving the care of a Person, his or her apparel, or pets. These uses include but are not
limited to hair salons, laundry and dry cleaning (drop off only), pet grooming salon, shoe repair,
diaper service, alterations, tailoring and jewelry repair, carpet and upholstery cleaning, photographic
studios, funeral services, steam baths, reducing salons, health clubs and clothing rental.
Pervious Area. A permeable area of land within the building lot which permits the drainage and
percolation of stormwater.
Plat. A map depicting the division or subdivision of land into Lots, blocks, parcels, tracts, or
other portions thereof; however the same may be designated, prepared in accordance with the
provisions of these regulations and those of any applicable law and/or local ordinance, which may be
designated to be placed of record in the office of the Clerk of the Circuit Court of Miami -Dade
County.
Plat, Final. Is a finished map of a subdivision accurately showing all legal requirements of the
State Plat Law and the requirements of these regulations.
Plat, Preliminary. Is a copy of the plat in sufficient form to readily compare the plat with the
2.16.
master plan and construction plans.
Plat ofRecord. A plat which conforms to the requirements of the applicable laws of the state and
ordinances of the county, which has been accepted by the Village Council and placed in the official
records ofMiami-DadeCounty.
Plot or Site. 1 and occupied or to be occupied by a Building or use, and their accessory Buildings
and accessory uses, together with such yards and open spaces as are required by these Zoning and
Land Development Regulations. A Plot may consist of one or more platted Lots portions thereof
and/or unplatted land, abutting and not separated or interrupted by any other parcel of land, Right -of -
Way or body of water. This definition includes the term Lot.
Plot, Corner. A Piot of which at least two adjacent sides abut for their full length upon Streets,
provided that such two sides intersect at an interior angle of not more than 135°. Where a Plot is on a
curve, if tangents through the intersections of the Lot lines with the Street lines make an interior
angle of not more than 135°, such a Plot is a comer Plot. In the case of a comer Piot with a curved
Street line, the comer shall be considered to be that point on the Street line nearest to the point of
intersection of the tangents herein described
Plot Depth. The mean horizontal distance between the front and rear Plot lines.
Plot Interior. A Plot other than a comer Plot.
Plot, Key. The first Plot to the rear of a reversed comer Plot whether or not separated by ad alley
therefrom.
Plot Line, Front. The line dividing a Plot from a Street (public road Right -of -Way). On a corner
Prot the front Plot line shall be that Street Plot line in line with the front line of adjacent interior Plot.
If this situation exists with both Street Plot lines on a comer Plot (reversed comer), then both such
Plot lines shall be considered front Plot lines for applying required front Yard setbacks and Plot
width. On through Plots both front Plot lines shall require front Yard setbacks (See Article 3).
Plot Line, Rear. The Plot line opposite and most distant from the front Plot line. In the case of a
triangular or gore -shaped Lot wherein the two side Piot lines converge in the rear, the rear Piot line
shall be considered to bea line 10 feet in length within the Plot parallel to and at the maximum
distance from the front Piot line.
Plot Line, Side. Any Plot line other than a front or rear Plot line. A side Plot line separating a Plot
from a Street is called a side Street Piot line. A side Plot line separating a Plot from another Plot or
Plots is called an interior side Piot line.
Plot Line, Street or Alley. A Piot line separating the Plot from a Street or alley.
Plot (Site) Plan. A drawing to crate accurately showing the size and dimensions of a Plot, the
size, dimensions and locations of all Buildings and Structures, Parking facilities and other paved
2.17
Sign. Any identification, description, illustration or device illuminated or non -illuminated which
is visible from any public place or is located on private property and exposed to the public which
directs attention to a product, service, place, activity, Person, institution, business or solicitation,
including any permanently installed or situated merchandise; or any emblem, painting, banner,
pennant, placard or temporary Sign, which advertises, identifies or conveys information, with the
exception of the flags of the United States, the State of Florida, and the Village. For the purpose of
removal, Signs shall also include all Sign Structures.
Sign, Advertising. Any form of Sign intended to aid; directly or indirectly, in the sale, use or
promotion of a product, commodity, service, activity or entertainment.
Sign, Animated. A Sign which includes action or motion of any part by any means, including
wind power.
Sign Area, Aggregate. The sum of the area of all faces ofa Sign, including all elements such as
boards for frames, perforated or solid background, ornamental embellishments, arrows or other Sign
media. The structural, elements necessary to support a Sign need not be included as Sign area
Concerning painted Wall Signs or flat Wall Signs when composed of letters only, Sign area is
determined by the perimeter required to support or enclose such message or messages.
Sign, Awning -Canopy. A non -illuminated occupant identification Sign affixed flat to the surface
of an awning or canopy and which does not extend vertically or horizontally beyond the limits of
such awnings pr canopy.
Sign, Banner (Including Pennant Streamer). Any Sign that is intended to be hung, either with or
without frames, possessing characters, letters, illustrations, or ornamentations applied to paper,
plastic, or fabric of any kind National flags, flags of political subdivisions, and symbolic flags of
any institution or business shall not be considered banners for the purpose of this article.
Sign, Changeable Copy. A Sign such as a movie marquee where slots are provided on a
background for changeable letters to be added.
Sign, Changing. A Sign such as an electronically or electrically controlled public service, time,.
temperature and date Sign, message center or readerboard, on which different copy changes of a
public service noncommercial nature are shown on the same lampbank
Sign Credit Card. A Sign, decal or emblem (monetary, institutional, and the like) indicating
types of credit cards, traveler's checks, and the like, that are accepted.
Sign Directional or Informational. An informative, non -advertising Sign located on and relating
to an activity on the premises upon which the Sign is located such as "entrance," "exit," "Parking in
rear," and the like.
Signs, Directory. A Sign at a shopping center or office Building which provides general
identification for the entire center or office Building and contains specific advertising or
2.20
identification for two or more tenants of the center or office Building.
Sign, Double Faced. A Sign with two sides having copy. Bark side of the Sign is usually, but not
necessarily parallel.
Sign Face. Any part of a Sign that is or could be used for copy.
Sign, Flashing. A Sign which contains an intermittent or flashing light source, or which includes
the illusion of intermittent or flashing light by means of animation or an externally mounted
intermittent light source. Automatic changing Signs such as public service time, temperature and
date Signs, or electronically controlled message centers are classified as "Changing" Signs, not
"Flashing" Signs. This term does not include Electronic Message Centers.
Sign, Flat Wall. A Sign attached to or erected against the Wall or facade of' a Building, the
display surface of which is parallel to the Building Wall not extending above the roof line of a
Building except as provided in Article 8, § 8.5.A.10. of these regulations or extending more than 12
inches from the facade of the Building to which it is attached.
Sign, Freestanding. A Sign erected on a freestanding flame, mast or pole, and not attached to any
Building or any other Structure.
Sign, Gasoline Price. A Sign indicating current gasoline prices at a service station.
Sign, Height. The vertical distance measured from the established grade to the highest point of a
Sign or its supporting Structure, whichever is higher.
Sign, Illuminated. A Sign which is lighted by any light source, internal or external, whether or not
said lights are physically attached to the Sign. This definition shall not include Signs which are
illuminated by Street lights or other light sources owned by any public agency or light sources which
are specifically operated for the purpose of lighting the area in which the Sign is located rather the
Sign itself.
Sign, Instructional. A Sign which provides instructions and is located entirely on the property to
which it pertains and does not in any way advertise a business, and does not exceed two square feet
in area; identifying restrooms, public telephones, walkways and such.
Sign, Message Center. A Sign that has the capability of changing copy.
Sign, Monument. A free standing Sign permanently affixed to the ground with a maximum height
of 8 ft
Sign, Movable. A Sign not permanently attached to the ground on a Building, including sidewalk
or sandwich Signs.
Sign, Nonconforming. A Sign or Sign Structure which was lawfully erected and maintained prior
2.21
parkway, throughway, road boulevard, lane, place or, however designated, excluding however alleys
and expressways.
Street, Collector. A Street that carves traffic from local Streets to arterial Streets and includes the
principal entrance Streets of a subdivision or a Development and the Streets for circulation within
such subdivisions or developments, and for purposes of these regulations shall be considered a Street
of higher classification than a local Street.
Street, Cul-De-Sac. Shall carry the same meaning as the term Cui-De-Sac as defined in these
regulations.
Street, Expressway. A Street which is ;iced only for the movement of vehicles providing for no
vehicular or pedestrian access to abutting property, except for Street access by grade separation
interchanges. Access to expressway is not permitted except at authorized and controlled points. The
acquisition of Right -of -Ways for expressways includes the acquisition of access rights thereto.
Street, Limited Access. Shall carry the same meaning as the term Limited Access.
Street, Local. A Street designed and maintained to provide access to abutting property. A local
Street is of limited continuity and not for through traffic.
Street, Major Arterial. A Street of higher classification than local Streets and is used primarily for
traffic traveling a considerable distance within or through an area not served by an -expressway. A
major arterial is of considerable continuity, used primarily as a main traffic artery. A major arterial
may also be a limited access Street
Street, Minor. Shall carry the same meaning as the term Local Street
Street, Minor Arterial. A Street of higher classification than a local Street and is used for
continuous travel, primarily as a main traffic artery, but is more intermittent than a major arterial and
carries more traffic for greater distances than a collector Street A minor arterial serves to carry
traffic from collector Streets to expressways and major arterial.
Street, Private. Any Street which has not been dedicated for public use and not accepted for
ownership or maintenance by the Village Council.
Street Public. Is any Street designed to serve more than one property owner, and must be
dedicated to the public and be accepted for ownership and maintenance by the Village, unless it is a
private Street, allowed by the terms of these regulations.
Structure. Anything constructed or erected, which requires location on the ground or attached to
something having a location on the ground.
Structural Alteration. Any change, except for repair or replacement, in supporting members of a
Building or Structure, such as bearing walls, columns, beams or girders.
2.24
a
Subdivider. Shall carry the same meaning as the term Developer.
Subdivision. Any division or re -subdivision of a Lot, tract or parcel of land, regardless of how it is
to be used, either by platting or by metes and bounds into two or more Lots, Building sites or other
divisions of one acre or less, for the purpose, whether for the immediate or future transfer of
ownership, lease, legacy, or Building Development, including any division of land involving a
dedication, change or abandonment of a public Street, site, easement or other Right -of -Way for any
public use of facility.
Surface Waters. Those waters which have been precipitated on the land or forced to the surface
in springs, and which have then spread over the surface of the ground without being collected into a
definite body or channel. They appear as puddles, sheet or overland flow and rills and continue to be
surface waters until they disappear by infiltration or evaporation, or, until by overland or vagrant
flow, they reach well-defined watercourses or standing bodies of water such as lakes or seas.
Surveyor. A land surveyor registered in this state.
Tent. Any Structure or enclosure, the roof of which and/or 50% or more of the sides, are of a
natural or synthetic fabric.
Text Change (Amendment to this Ordinance). Any addition to, deletion of or change of wording
in subject matter with respect to these zoning and Development regulations.
Tourist Home. A Building or part thereof, other than a Motel or Hotel, where sleeping
Tower. That portion of a Building or Structure that is greater than 50 ft. in height.
Townhome (Townhouse) or Townhome (Townhouse) Development. A grouping (more than two
Units) of single family attached or detached Units on one site so that no Unit is above another Unit
with each Unit having ingress and egress. For purposes of distinguishing a Townhome from an
apartment Unit for required Parking purposes, the Building, Zoning and Planning Director shall
characterize a Unit as a Townhome if it substantially meets the following conditions: contains more
than 1000 sq. ft., the Parking spaces are located in close proximity to the Building, separate water
and/or electrical meters and if the Building contains more than one floor.
Trailer. A vehicular Structure mounted on wheels, designed to be pulled by another vehicle.
2.25
Trailer Control Devices. Any mechanism used to regulate traffic, such as pavement striping,
Signs, and the like excluding however, for the purpose of these regulations any mechanical or
electrical device, such as traffic lights.
Trailer, House. (See Mobile Home).
Trailer, Utility. A trailer designed to transport materials, goods or equipment This includes boat
trailers.
Unit. See (Apartment Unit, Duplex, Hotel Unit or Townhome).
Only of Title. A written agreement executed by and between a property owner and the
Village of Key Biscayne, whereby the operty owner agrees that the lots and/or parcels of land
constituting the building site shall be conveyed, mortgaged, and/or leased separate and apart
from each other and that they shall be held together as one tract. The "Unity of Title" shall be
recorded in the Public Records of Miami -Dade County, Florida and shall run with the land and
shall be binding upon the property owner, his/her successors and assigns.
Use. The purpose for which land or a Structure thereon is occupied, utilized or maintained.
Use of Land. Includes use of water surfaces and land under water to the extent covered by zoning
districts, and over which the Village has jurisdiction.
Use, Principal or Main Permitted. The primary use of the Plot as distinguished from secondary
or accessory uses. There may be more than one principal or main use on the Plot
Use, Residential. A use for living or sleeping of Persons not institutional in character, such as a
one family, two family or multiple Dwelling, rooming house, Hotel, Motel, Tourist Home, lodging
house, boardinghouse, villas, bungalow court.
Vacation. To abandon, discontinue or close any existing public Street, alleyway, easement or any
public lands and waterways to renounce and disclaim any right of the Village and the public in and
to any land in connection therewith.
Variance. A modification of, or deviation from the regulations which is authorized and approved
by the Village Council, in accordance with Section 30-63,
Vehicle, Commercial. Any vehicle designed or used, or maintained primarily for the
transportation of property and/or Persons for hire including but not limited to tractors, trailers or any
part thereof, wreckers, tow trucks or other vehicles equipped with a hoist or other mechanical
equipment designed to perform a similar function or taxicabs or any vehicle commonly recognized
as a truck or commercial vehicle or any vehicle whose maximum gross weight exceeds 5,000 pounds
2.26
or contains advertising markings in excess of three square feet per side of per vehicle top.
Vehicle, Recreational. Any vehicle or portable Structure designed primarily to provide temporary
living quarters for recreation, camping or travel use: either a vehicular Structure mounted on wheels;
self -powered or designed to be pulled by another vehicle; or a Structure designed to be mounted
upon and carried by another vehicle. This definition is intended to include the following.
(1)
Camping Trailer. A vehicular portable Structure mounted on wheels, constructed
with collapsible partial side Wall of fabric, plastic or other material for folding
compactly while being drawn by another vehicle, and when unfolded at the site or
location providing temporary living quarters.
(2) Truck Camper. A portable Structure, designed to be loaded onto, or affixed to, the
bed or chassis of a truck, constructed to provide temporary living quarters.
(3)
House Bus, Camp -Bus or Motor Home. A Structure built on and made an integral
part of self-propelled motor vehicle chassis primarily designed to provide temporary
living quarters.
(4) Travel Trailer. A vehicular, portable Structure built on a chassis designed to be
pulled by a standard passenger automobile and to be used as temporary living quarters.
Vehicle, Special. Purpose. A vehicle especially designed primarily for unusual terrain and
conditions and which is not usinlly licensed for or used on the public roads, such as swamp buggies
and track layers (caterpillar -track drive).
Vending Machines. Any machine or device which, upon the insertion of any form of currency,
slug, token, plate, disc or card, or other object or numeric code that permits dispensing of
merchandise, tickets, services or products.
Village. The Village of Key Biscayne.
Village Engineer. The individual or engineering company designated by the Village Manager.
Wall. All window and Wall area of a Building in one plane or elevation.
Waterway. A stream, canal or body of water, dedicated to public use, publicly owned, or used and
available for public travel by boats, not including privately owned bodies of water or drainage
ditches.
Work. Shall include all required construction as shown on approved plans and specifications for
all facilities and features of any kind which are required, related to the process of subdivision or land
under these regulations.
Yard. A space on the same Plot with a Structure or use, open and unobstructed from the ground to
2.27
the sky except by encroachments specifically permitted in these regulations. Yard measurements
shall be the minimum horizontal distances. Yards shall extend and be measured perpendicular and
inward from the respective Plot lines. The term Yard includes the term Setback, and these terns are
synonymous. When the term Yard is used it shall mean the minimum required Yard or setback.
Yard Front. A Yard extending across the full width of the Plot along the front Plot line from side
Plot line to side Plot line.
Yard Rear. A Yard extending across the full width of the Plot along the rear Plot line from side
Plot line to side Plot line.
Yard Required. The minimum required Yard or setback required by these regulations. Any Yard
space supplied in excess of the minimum amount specified shall not be deemed to be a required
Yard.
Yard Side. A Yard extending along the side Plot line from the front Yard to the rear Yard.
Yard Side (Street). A side Yard adjacent to a Street.
Zoning Code. The Zoning and Land Development Regulations of the Village.
Sec& 30-12 — Sec. 30-19. Reserved.
2-. 28
ARTICLE It GENERAL PROVISIONS
Sec. 30-20. Scope of Regulations.
No building or structure or part thereof shall be erected, constructed, reconstructed ted or altered
and maintained, and no existing use, new use, or change of use of any building, structure or land or
part thereof shall be made or continued, except in conformity with the provisions of these Zoning
and Land Development Regulations.
Sec. 30-21. Uncompleted Structures.
No building or structure which has not been completed in substantial conformity with a site
plan or building plans and specifications upon which the building permit for its construction was
issued shall be maintained or be permitted to remain unfinished for more than six months after active
construction operations have been suspended or abandoned.
Sec. 30-22. Errors and Violations.
The issuance or granting of a petit or approval of plans and/or specifications shall not be
deemed or construed to be a permit for or an approval of, a violation of any of the provisions of these
Zoning and Land Development Regulations. No permit presuming to give the authority to violate or
cancel the provisions of those regulations shall be valid except insofar as the work or use that it
authorizes is lawful. Nor shall such permit prevent the enforcing officer from thereafter requiring the
correction of errors in said plans and specifications or from preventing building operatidns being
carried on thereunder when in violation of these regulations.
Sec. 30-23. Replatted Lots and Resubdivision of Hotels and Motels.
(a) Replatted Lots. No resubdivision of platted lots shall be permitted except by an
approved and recorded amended plat. In such resubdivision, no lot shall be created which does not
conform to the regulations of the zoning district within which such land is located.
(b) Resubdivision of Hotels or Motels
(1) No resubdivision of hotels or motels into multi -family dwellings shall be permitted
unless the Building Official issues a new Certificate of Occupancy illustrating that
the resubdivision is in compliance with all codes, including the South Florida
Building Code and the Life Safety Code, as may be amended from time to time.
(2) The installation of cooking facilities into a hotel or motel unit will convert the prior
use into a multi -family dwelling thus requiring compliance with multi -family
building, life safety, and zoning code requirements.
(3) Prior to the issuance of a Certificate of Occupancy, upon resubdivision, the new use
of the multi -family dwelling must meet all of the requirements for multi -family
3.1
dwellings, be consistent with density, parking, lot coverage, and floor area ratio
regulations as set forth in the district where the property is located
Sec. 30-24. Street Frontage Required.
No plot may be built upon unless said plot is accessible by a dedicated public way, or by a
private street or way which has been approved by the Village Council following a public hearing.
See. 30.25. Use of Premises Without Buildings.
Where a plot is to be occupied for a pennitted use without buildings, the side yards and front
yard required for such plot shall be provided and maintained unless otherwise stipulated within these
Zoning Land Development Regulations, except that side and rear yards shall not be required on plots
used for -private gardens or public recreational purposes when such uses do not include use of
buildings of structures.
Sec. 30-26. Use of Residentially Zoned Land for Access.
No land which is residentially zoned shall be used for driveway or vehicular access purposes
to any other plot which is non -residentially zoned or used for any purpose not permitted in a
residential zoning district unless specifically permitted by the Village Council following a public
hearing.
Sec. 30-27. Reductions of Plots Below Minimum Requirements.
No parcel of land, which has less than the minimum width and area requirements of the
zoning district within which it is located may be separated from a larger parcel of land ownership for
the purpose, whether immediate or firture, of building or development as a separately owned plot. No
such separation shall occur unless the resulting parcel(s) meet the minimum requirements set forth in
these regulations.
See. 30-28. Storage on Residential Property.
No land shall be used for the open storage of building materials or construction equipment
except in connection with construction on the same property for which a valid building permit is in
effect.
Sec. 30-29. Extension of Buildings With Nonconforming Setbacks.
A legally constructed single family home which exists with setbacks less than those required
by current ordinance may be extended along the established building lines within the required
setback areas, provided that:
(a) such additional construction shall not encroach further into the required setback area
than the existing building line; and
3.2
(b) the property owner requesting such construction obtains written approval from the
immediately abutting property owner(s). The Building, Zoning and Planning Director is authorized
to require improvements to the property to insure the proposed construction is consistent with the
intent and purposes of the Zoning District; however
(c) the above applies only to the extension of one story homes that are constructed below
the Base Flood Elevation.
Sec. 30-30. Nonconforming Structures and Uses.
It is the purpose and intent of the regulations within this section to provide procedures
whereby lawful nonconforming strictures and uses as defined may be maintained.; -enlarged -or
modified where such maintenance, will not have a detrimental effect
upon other persons or property within the vicinity, and in so doing to bring such uses and structures
up to present standards to the maximum possible extent.
(a) Nonconforming use of a conforming building. The lawful nonconforming use of
building may be continued, although such use does not conform to the regulations of the applicable
zoning district, within which the building is located. Any such use shall only be changed to a
permitted use. A non-confonning use shall not be expanded. If such nonconforming use is
discontinued for a period of six months, any further use of said building shall be in conformity with
the regulations of the applicable zoning district unless otherwise approved by the Village Council
pursuant to the Conditional Use Procedures.
(b) Conforming use of a nonconforming building. A lawful nonconforming building
may be utilized for any use which conforms to the regulations of the applicable zoning district within
which the building is located, provided no structural alterations, except those required by law, are
made to the buildin
(c) Nonconforming use ofa nonconforming building. The lawful nonconforming use of
a. lawful nonconforming building may be continued although such use and building do not conform
to the regulations of the applicable zoning district within which the building is located. Such use
shall not be expanded.
(d) Nonconforming use of land The lawful nonconforming use of land may be
continued although such use does not conform to the regulations of the applicable zoning district
within which the land is located. However, no such use shall be enlarged, intensified or extended to
occupy a greater area of land or reinstated following discontinuance for a period of six months.
(e) Nonconforming structures. Lawful nonconforming structures other than braidings
are likewise permitted to remain, provided no structural alterations other than those required by law
are made, and further provided that the discontinued use of such structure or the use of the building
in which it is necessary for a period of six months or more shall require its modification, up to and
including removal, so as to comply with the regulations of the applicable zoning district.
3.3
/1
(f) Maintenance and repairs. Necessary maintenance and repairs may be made to any
nonconforming building or structure, provided no structural alterations are made, and further
provided that such work in any 12 -month period does not exceed 50% of the value of such building
or structure as shown on the county tax assessment records or as established by an independent
appraiser who is a designated member of any nationally recognized professional appraisers
organization.
(g) Compliance With Regulations. Nothing in this section shall diminish the
responsibility of an owner to maintain his use or structure in full compliance with all other Village,
county, state or federalregulations or licensing procedures.
(10 Establishment of non -Conformity. For the purpose of this section, the mere.
possession of a valid approval to use land or buildings or valid license to do so without actual
demonstrable use of such land or structure is an insufficient basis to establish lawful nonconformity.
(i) Approvals to run with land. All approvals pursuant to the provisions of this section
shall run with the land and are not personal to the owner of the land at the time of approval, unless
limited by the Village Council
Sec. 30-31. Duplex Subdivision.
In all zoning districts within which duplexes are permitted, the property owner may file an
application with the Building, Zoning, and Planning Director to subdivide an otherwise legally sited
duplex structure into two separate ownerships. The Director shall review the application based upon
the criteria set forth below:
(a) The applicant has filed a parallel application for subdivision of the lot and structures
into two separate single family residential properties; and
(b) The structure proposed for division is designed, sited and subdivided in a manner that
will not have a detrimental impact on the character of the surrounding area.
Should the Director deny the request the applicant may file an Appeal of an Administrative
Decision.
Sec. 30-32. Determination of Uses Not Listed.
When a use is not specifically listed as a main permitted use, or Conditional Use or
prohibited use in a zoning district within which such use has been requested. Such use may be
permitted as follows:
By administrative decision of the Building, Zoning, and Planning Director subject to
a finding that such use exhibits a character and intensity similar to a use allowed in the
district. Appeal of the Building, Zoning, and Planning Director's decision is to the,
3.4
Village Council and considered as an appeal of an administrative decision.
Sec. 30-33. Maximum Allowed Density.
Density is used to determine the maximum number of units allowed on a site based upon the
maximum allowed density as set forth in the zoning district and as determined below.
(a) Fasement areas located within the site are calculated in the area used for determining
density;
(b)
Density from one site shall not be transferred to another site; and
(c) The maximum allowed density on a site shall not exceed the limit as established in
the zoning district regulations except as provided for in the Master Plan (Future Land use Plan, page
15). In such cases, where the maximum density may be exceeded, the repair or reconstruction of a
building shall only occur within the same building envelope as was originally permitted and
approved at the time the Certificate of Occupancy was issued. This exception only applies to
multiple family buildings that are consistent with the Land Use Element of the Master Plan.
Sec. 30-34. Building Permits.
All applications for building permits shall be accompanied by a site plan drawn to scale
showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the
setback lines observed, and such other information as may be requisite and necessary to provide for
the enforcement of the regulation contained in these regulations. A record of such application and
copy of site plans shall be kept by the Building Zoning and Planning Director and available for
public inspection.
Sec. 30-35. Certificate of Occupancy or Certificate of Completion.
No land shall be occupied or used and no building hereafter erected or altered shall be
occupied or used in whole or in part for any purposes whatsoever until a certificate of_occupancy/a
temporary certificate of occupancy or certificate of completion shall have been issued by the Chief
Building Official, stating that the premises or building complies with all the provisions of these
regulations.
See. 30-36. Moving Buildings.
No building, part of building, or buildings shall be moved from the site of original
construction.
Sec. 30-37. Uses and Activities to be Conducted in Enclosed Building.
All business uses and activities shall be conducted within a completely enclosed building
except as provided for in these regulations.
3.5
Sec. 30-38. Enforcement and Penalties
Failure to comply with these regulations shall subject the violator to the penalties set forth in
Article X of the Zoning and Land Development Regulations.
Sec. 30-39. Appearance of Structures and Sites Under Construction.
Sites where construction activity is occurring must be made secure with a six (6)ft. chain
link fence placed in any yard that faces a street or body of water. The site shall be maintained
with a neat and orderly appearance. As, soon as practical, the exterior of buildings shall have the
final finishes applied and windows installed.
Sec. 30-40. Fencing of Vacant Waterfront Lots.
All vacant waterfront lots shall have a six (6) ft. black coated chain link fence along
those portions of the site that face the water.
Sec. 30-41 to 30-59. Reserved.
3.6
ARTICLE IV. ADMINISTRATION OF THE ZONING ORDINANCE
Sec. 30-60. General Provisions.
All licenses, building permits or other permits issued by any department, agency or official of
the Village for the erection, alteration or use of any building or structure or part thereof, or for the
use of any land or water, shall comply with these Zoning and Land Development Regulations as
follows:
(a) Unless otherwise required by law, no license or permit shall be issued by any
department, agency or official of the Village for the use of any premises or the operation of any
business, enterprise, occupation, trade, profession or activity which would involve or constitute a
violation of these Zoning and Land Development Regulations.
(b) New construction and/or use of land The construction of any new building or
structure and/or the initiation of any use of presently unused property shall conform with all of the
applicable provisions of these Zoning and Land Development Regulations.
(c) Additions to an existing building. Additions to an existing building shall comply with
the provisions of these Zoning and Land Development Regulations.
(d) Rehabilitation of existing buildings The rehabilitation of an existing building which
shall comply with the provisions of these Zoning and Land Development Regulations.
(e) Change of use for existing buildings and/or land Any change of the use of a
building and/or property shall comply with the provisions of these Zoning and Land Development
Regulations.
Sec. 30-61. Enforcement.
The Village Manager shall assign the responsibility of enforcement and implementation of
the provisions of these Zoning and Land Development Regulations to the appropriate departments,
officials and employees of the Village.
Sec. 30-62. Reserved.
Sec. 30-63. Variance Procedures.
(a) The Council is of the opinion that the supervisory variance, the administrative
variance and the regulatory variance procedures, as outlined in this Article, 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 Village is hereby repealed in its entirety
4.1
(c) Variance criteria A variance shall be granted upon a finding that the petition meets
the following criteria:
(1)
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
(2) Is compatible with the surrounding land uses and would not be detrimental to the
community.
(d) 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
(e) 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.
(f) 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 until proof of recordation
has been submitted to the Building, Zoning, and Planning Department
(g) 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.
(h) 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.
(i) Time limit. The approval of any type of variance shall automatically become null and
void unless the app,opriate development order as defined in Section 163.3164, Florida Statutes,
building permit, occupational license, certificate of occupancy or certificate of completion has been
issued within months of the date the resolution was executed by the Village Mayor. Requests
for an extension of time for a maximum additional 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
(j) Application forms. The Building, Zoning, and Planning Department shall provide the
applicant with the application form.
(k) Order or notice of violation. When the Buildin_, Zoning, and Planning Director
4.2
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.
(1) 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 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
(m) 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 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 ten percent or more of the counts that were provided in the original application,
shall be detennined to be a application and not subject to provisions of this paragraph
(n) 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 Article 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
Sec. 30-64. Supervisory Variances.
The Supervisory Variance procedure shall be used for 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:
4.3
(a) The Building, Zoning and Planning Director shall have the authority to waive up to
two feet or ten percent whichever is greater of the required setbacks, lot coverage, pervious area, or
parking for projects which have been completed or under construction (see paragraphs (c) and (d)
below). Applicants are restricted to current property owners.
(b) The applicant shall provide a Written statement from the abutting property owner
consenting to the waiver. There shall be no other notice requirement.
(c) For existing construction that 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.
(d) For projects, that are under construction and an encroachment into the required
setback has occurred, the applicant shall provide a statement that the encroachment has resulted from
anerror during construction.
Sec. 30-65. Administrative Variances.
(a) The Administrative Variance procedure shall be used for a variance from the
provisions of the Code of Key Biscayne limited to improvements existing at the rime of application
as opposed to planned construction and involving the following matters exclusively setbacks,
spacing of buildings, height, 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 percent of
the requirement.
(b) An application for an Administrative 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 Council. 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.
No other form of public notice is required.
(3)
Administrative Variance applications shall not be processed unless and until all the information set
forth in this subsection (b) is delivered to the Director of the Building, Zoning and Planning
Department.
4.4
(c) Upon receipt of the completed application for the 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 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.
(d) Upon receipt of all necessary infonnation 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 shall 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 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.
(e) The applicant or any aggrieved property owner 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. A building permit shall not be issued until the appeal period
has expired. 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, the Director may permit 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 chart be in the from prescribed by the Village Manager and
shall include a processing fee which shall be set and amended from time to time by the Village
Council.
(f) A request for judicial review of a decision of the Village Council shall be made
pursuant to a petition for certiorari.
4.5
See. 30-66. Regulatory Variances.
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.
(a) Application forms: The Building, Zoning, and Planning Department shall have the
responsibility ofassisting applicants in the filing of applications for Regulatory Variances.
(b) Public notice and hearing requirements: The Village Clerk shall schedule a public
hearing pursuant to the procedures set forth in Section 30-28. 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.
(c). 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 Article.
(d) 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.
(e) Resolution: The Village Councilshall 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.
4.6
Sec. 30-67. Summary of Variance Regulations.
Variance relating to:
Setbacks
Floor Area Ratios, Lot
Area, Coverage, Pervious
Parking
Setbacks
Floor Area Ratios, Lot
Coverage, Pervious
ous
Area,
All variances
% footage that may
be waived
2ft.or<10%of
requirement
>10%but <20%
Any percentage
Requires Building,
Zoning, and Planning
Director approval
prior to processing
Yes
Yes
No
Approval of adjacent
property owner
nearest to request
Yes
Yes
No
oval of all
jacent pro_
owners (petition
No
Yes No
Mailed notice to
property owners
within 300 ft. of
property which is
subject of the
application
No
No Yes
Notice in newspaper
No
Yes Yes
Posting of property
No
No Yes
Appeal to
Village Council
Village Council Court
Sec. 30.68. Public Hearing and Notice 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.
(b) Written recommendations of the Village Manager or his designee shall be developed
and such recommendations shall become a part of the hearing file and record, and open for public
inspection.
(c) Notice of the time and place of the public hearing describing the nature of the
application and street address of the property shall be published in a newspaper of general circulation
in the Village not less than ten days prior to the public hearing.
4.7
(d) A courtesy notice containing substantially the same information set forth in the
published notice may be mailed to the property owners of record located within a radius of 300 feet
of the property described in the application or such greater distance as the Village Manager may
prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect any
action or proceedings taken under this section.
(e) The property shall be posted no later than ten days prior to the hearing in a manner
conspicuous to the public, by a sign or signs containing information concerning the application
including but not limited to the applied for zoning action and the time and place of the public
hearing.
(f)
(g)
All costs of advertising, mailing and posting shall be borne by the applicant.
Number of required public hearings:
Regulatory Variance
I
Appeal of Administrative Decision
1
Text Amendment
2
Change of Zoning District
2
Conditional Use
1
Sec. 30-69. Ex-parte communications.
The following process shall apply to quasi-judicial actions pending before the Village
Council:
(a) Communications between Council and public. All oral and Written
communications with the public involving quasi-judicial action pending before the Village
Council must take place at the public hearing. Outside of the public hearing, the Council is
prohibited from discussing the merits of any matter on which action may be taken by the
Council.
(b) Communications between Council and staff. Written and oral communications
between Council members and staff shall be allowed.
(c) Written communications. In the event that a Council member receives a Written
ex-parte communication, the Council member shall immediately submit the Written
communication to the staff so that it can be placed in the file and made a part of the record either
before or during the public hearing prior to the Council voting on the application.
4.8
(d) Site visits. A Council member may make a site visit regarding a quasi-judicial
matter pending before the Council, provided that the existence of the site visit is made part of the
record prior to the Council taking final action on the application.
Sec. 30-70. Appeal of an administrative decision.
(a) The Village Council shall hear, decide and rule upon the matters set forth herein.
(b) Appeal - Any party in interest, aggrieved by an order, decision or interpretation
rendered by the pertinent officials of the Village, in the enforcement of the terms and provisions
of this chapter may file an appeal with the Building, Zoning, and Planning Director subject to the
following:
(1) The appeal shall be in writing, specifying the grounds thereof on forms as
provided by the Building, Zoning, and Planning Department.
(2) The appeal shall be filed within thirty (30) days of the date the administrative
decision is made.
(c)
Public notice shall be provided as set forth in Sec. 30-68.
Sec. 30-71. Procedures for a text change or zoning district change.
(a) Text amendment procedures. The text of these Zoning and Land Development
Regulations may be amended in accordance with the following procedure:
(1)
A petition for change of text or zoning district may be submitted to the Building,
Zoning and Planning Director by any of the following
a. Village Council;
b. Village Manager;
c. Village Attorney; or
d. An owner of property in the Village
(2) All petitions shall be on forms provided by the he Building, Zoning, and Planning
Director.
(3) A petition filed by a property owner that changes the boundaries of a zoning
district or creates a new zoning district shall include documentation that a
majority of the owners of the property in said district approve of the petition.
4.9
(4) A petition that results in the designation of a new zoning district shall include a
minimum of one (1) acre of land. A petition that expands the boundary of an
existing zoning district has no minimum area..
(3)
Public notice shall be provided as set forth in Sec. 30-68.
(b) Review Criteria: In order to approve a text amendment, or change of zoning
district the Village Council must find that the petition is consistent with all of the fallowing
criteria. The applicant is required to provide a report at the time the petition is filed which
includes documentation that the petition is consistent with each of the below criteria:
(1) The amendment is consistent with the Comprehensive Plan;
(2) The proposed change will result in buildings that are consistent in scale with
those within 300 ft. of the site;
(3) That the resulting boundaries of a zoning district are logically drawn;
(4) The proposed change will enhance property values in the Village;
(5) The proposed change will enhance the quality of life in the Village; and
(6) There are substantial and compelling reasons why the proposed changq is in the
best interests of the Village.
Sec. 30-72. Conditional Use Procedures.
(a) Certain uses are listed as conditional uses and are permitted in zoning districts
subject to the approval of the Village Council. These uses are considered basically suitable for
the districts in which listed, but the character and nature of the uses are such that they may
necessitate coutculs and safeguards on the manner of establishment and operation, which, by
being determined by the Council at public hearing, would better serve the interests of the
community and the owners of the property in question.
(b) Public notice requirements shall be as set forth in Section 30-68.
(c) In order to approve a petition for a conditional use, the Village Council must find
that the application is consistent with all of the below review criteria:
(1)
The Use is consistent with the Comprehensive Plan.
(2) That there will be adequate provision for safe traffic movement, both vehicular
and pedestrian, both internal to the use and in the area that will serve the use.
(3)
That there are adequate setbacks, buffering, and general amenities in order to
4.10
control any adverse effects of noise, light, dust or other potential nuisances.
(4) That the application of the use at the subject location is consistent with the
purpose of the underlying zoning district.
(d) Conditions may be stipulated and made a requirement in granting any application
for a conditional use, when it is found by the Village Council to be necessary to further the
purpose of the zoning district or compatibility with other property within the vicinity.
(e) Resolution. The resolution which memorializes the approval of a conditional use
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.
(f) 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.
(g) Time Limit. The approval of any type of conditional use shall automatically
become null and void unless the appropriate development order as defined in Section 163.3164,
Florida Statutes, building permit, occu . . tional license, certificate of occupancy or certificate of
completion has been issued within R months of the date the resolution granting the
conditional use was executed by the Village Mayor. Requests for an extension of tifne for a
maximum additional months shall be considered by the Village Council. Notice I
requirements for such requests are the same as those that were used for the original application.
(h) Application forms. The Building, Zoning, and Planning Department shall provide
the applicant with the application form.
(i) Pending notice of violation. When the Building, Zoning, and Planning Director
determines that an application is complete, prosecution of any pending 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.
(j) Appeals. 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 and 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.
4.11
(k) 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 the date of' denial or withdrawal. This prohibition may be waived by the Village Council
by permitting the withdrawal or denial without prejudice.
Sec. 30-73. Administrative building moratoria.
(a) Whenever it shall be made to appear to the Village Manager that it is in the public
interest to make a comprehensive determination as to whether existing Village zoning districts
applying to a portion of the area of Village of Key Biscayne are appropriate, and it is further
made to appear to him that the said existing zoning districts may be detrimental to the said area
should they continue to remain applicable and building permits be issued predicated thereon, the
Village Manager shall immediately issue his administrative order delineating the area m
question and prohibiting the issuance of building permits therein.
(b) Any administrative order issued pursuant to subsection (a) shall be complied with
by all Village of Key Biscayne personnel and shall be effective until reversed, modified or
superseded by order of the Village Council.
(c) Immediately upon issuanceof any administrative order pursuant to subsection (a),
the Village Manager shall notify the Clerk of the Village Council, whose duty it shall be to place
the matter before the Village Council for consideration and review following a public hearing as
soon as is reasonably practicable.
(d) The aforesaid Clerk shall give reasonable notice by publication in a newspaper of
general circulation in Village of Key Biscayne of the public hearing that he has scheduled before
the Village Council.
(e) At the public hearing the Village Council shall inquire into the propriety of a
building moratorium and may reverse, modify or supersede any moratorium order previously
issued. The Council's determination shall be predicated upon the reasonable necessity for a
detailed comprehensive analysis of the area in question and the probability of detriment to the
character of the area by the continued application of the existing zoning districts.
(f) Should the Village Council determine that a building moratorium is reasonably
necessary, it shall order the same and direct that no building permits be issued within the
affected area. The Council's order shall fix a time within which the Village Manager shall report
back to the Council with his recommendation relating to appropriate zoning districts for the
affected area. The said time limitation shall be a reasonable one (1), predicated upon the time
needed for a comprehensive analysis of the area. The initial commission moratorium shall be
for a period not to exceed one hundred twenty (120) days. The Commission, on its own motion
or otherwise, maycontinue any moratorium for a longer period of time if reasonably necessary.
This provision is supplemental to subsection (g) hereof.
4.12
(g) Should the Village Manager be unable to report back to the Council within the
time prescribed by its moratorium order, upon timely request by the Village Manager and after
public hearing on the need therefor, the Council may reasonably extend the time limitation.
(h) Upon the submission of the Village Manager's report and recommendations to the
Clerk of the Council, the Clerk shall call a public hearing thereon before the Council at the
earliest practicable time, after reasonable notice by publication in a newspaper of general
circulation in Village of Key Biscayne. After said public hearing the Council shall make its
determination as to whether the zoning districts shall remain the same or shall be changed.
Should the Council determine that the zoning districts shall remain the same, it shall
immediately issue its order terminating the building moratorium. Should the Council determine
that the applicable zoning districts should be changed, or new districts created therefor, it shall
issue its order continuing the building moratorium and shall immediately take the actions
required elsewhere within the Village of Key Biscayne Code for such changes. Provided,
however, where zoning district boundary changes are involved the Village Council shall hear the
matters directly without intervening administrative review.
(i) Upon the completion of all zoning district changes relating to the affected area,
the Council shall issue its order terminating the building moratorium.
(j) If any planning study performed by the Department, the Village Council, or a
specially hired or appointed Village agency, indicates the necessity for zoning changes, the
provisions of Sections 30-73 through 30-76, Village of Key Biscayne Code, may be utilized to
restrict the issuance of building permits until such changes have been finally considered by the
Village Council. These provisions of Sections 30-73 through 30-76, Village of Key Biscayne
Code, which anticipate a future planning study are rendered inapplicable to this subsection.
(k) An administrative building moratorium shall be imposed upon the occurrence of
the following events:
(1) As soon as the Village Manager learns that a grand jury has indicted or that an
information has been formally returned against a Village Council member
charging said Council member with bribery, accepting unauthorized
compensation, or other act of fraud in a zoning case relating to a particular parcel
or parcels of real property, then the Village Manager shall immediately issue an
administrative order identifying the real property in question and prohibiting the
issuance of building permits for said property. Such order of moratorium shall
remain in effect until the completion of the criminal judicial process and the
determination of guilty or not guilty as to the Village Council member involved
being reviewed by the highest judicial tribunal to consider the case. Should the
Council member be found not guilty, then the administrative order shall be
deemed dissolved. Should the Village Council member be found guilty, then a
motion to reconsider the zoning on the real property in question may properly be
made by any Village Council member.
4.13
(2) If an order of moratorium is imposed on a parcel or parcels of real property
pursuant to this subsection, and the owner or owners of such property request the
Village Council to reconsider the zoning on that property, then a motion to
reconsider the said zoning may properly be made by any Village Council member.
If the motion to reconsider is approved by the Village Council and the
reconsideration of the zoning on the said property occurs, then the building
moratorium shall end with the conclusion of the reconsideration process
delineated below in subsection (3).
Upon passage of a motion as provided in subsection (2) above, the Clerk of the
Council shall immediately notify the Director. The Village Council shall conduct
its reconsideration only after notice of the time and place of the meeting has been
first published as provided in Section 30-68 herein. The sole issue to be
considered by the Village Council shall be whether the present zoning on the
subject property is appropriate. In determining this issue, the Village Council
shall be guided by the standardsand guides specified in this chapter. The Village
Council, or where appropriate, mu the Community Zoning Appeals Council after
considering the items delineated herein and the criteria specified in this chapter,
shall by resolution either reaffirm the existing zoning or rezone the subject
property.
(3)
See. 30-74. Other building moratoria.
(a) Should any person make written application to the Village Manager for the
issuance of an administrative order provided by Section 30-73(a), Village of Key Biscayne Code,
and the Village Manager refuses to issue such order, or fails to take action thereon within thirty
(30) days, such person may make written application to the Village Council for the issuance of a
building moratorium by that Council. Such application to the Council shall be filed with the
Clerk of the Village Council, whose duty it shall be to placed the matter before the Village
Council as soon as is reasonably practicable for the Council's determination as to whether a
public hearing shall be called thereon. The Village Manager shall be notified by the Clerk of the
date that the matter is to be eonsidered by the Council. The word "person" as used in this
subsection includes, but is not limited to, any individual, firm, corporation, and governmental
entity, including the Village Council.
(b) Should the Council determine that a public hearing should be held as to whether a
building moratorium is appropriate, it shall call the same for the earliest practicable date and
give reasonable notice thereof by publication in a newspaper of general circulation in Village of
Key Biscayne. Pending the public hearing the Council may issue an order prohibiting the
issuance of building permits in the affected area.
(c) The procedure to be followed for this section, after the completion of the steps
provided in subsections (a) and: (b) above, is that set forth in Section 30-73(e) through (i),
Village of Key Biscayne Code.
4.14
Sec. 30-75. Exceptions to the moratoria.
Notwithstanding the issuance of any moratorium order, the Village Manager may
authorize the issuance of building permits for nondeleterious items including, but not limited to,
fences, repairs and like matters, where he determines that such permit will not affect the
outcome of the planning study; provided, however, that with regard to any particular moratorium
the Village Council may by ordinance increase or decrease allowable exemptions and may by
ordinance provide either a supplemental or exclusive procedure for acting upon requests for
exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for
exemptions in the Village Manager or any Village administrative or quasi-judicial body or
Council.
Sec. 30-76. Variances, conditional uses and zoning changes during a moratorium.
During the existence of any building moratorium, no applications for variances,
conditional uses, zoning district changes, minimum square footage requirement changes, unusual
and new uses, modifications or elimination of conditions, restrictions or limitations within the
affected area shall be acted upon by any Village agency, except as provided in Section 30-73(h),
or Section 30-75, or unless otherwise specifically provided by the Village Council by ordinance
with regard to a specific moratorium.
Sec. 30-77. Administrative zoning moratoria.
(a) Whenever it shall be made to appear to the Village Manager that it is in the public
interest to make a comprehensive determination as to whether the existing Village master plan as
it applies to a portion of the area of Village of Key Biscayne is outdated and of little or no use in
formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts
are compatiblewith existing or proposed growth patterns and land uses, the Village Manager
shall immediately issue his administrative order delineating the area in question and prohibiting
the consideration by any Village department, Council or agency of any zoning amendment,
modification, variance, conditional use or other zoning change, in said area. However,
applications for conditional uses not involving zoning changes but incorporating requests for site
plan approval only may be considered and appropriate action taken thereon.
(b) Any administrative order issued pursuant to subsection (a) shall be complied with
by all Village of Key Biscayne departments, Councils and agencies and shall be effective until
reversed, modified or superseded by order of the Village Council.
(c) Immediately upon issuance of any administrative order pursuant to subsection (a),
the Village Manager shall notify the clerk of the Village Council whose duty it shall then be to
place the matter before the Village Council for consideration and review following a public
hearing as soon as is reasonably practicable. The aforesaid clerk shall give reasonable notice by
publication in a newspaper of general circulation in Village of Key Biscayne of the public
hearing which he has scheduled before the Village Council.
4.15
(d) At the public hearing the Village Council shall inquire into the propriety of the
zoning moratorium and may reverse, modify or supersede the zoning moratorium order
previously issued. The Council's determination shall be predicated upon the need for a detailed
and comprehensive analysis of the area in question which would enable the Council to correct
any deficiencies in the master plan or to provide any changes necessary or desirable in the master
plan.
(e) Should the Village Council determine that a zoning moratorium pending the
preparation of a detailed and comprehensive analysis of the area in question is necessary or
desirable, it shall order the continuance of the Village Manager's zoning moratorium order. The
Council's order shall fix a time within which the Village Manager shall report back to the
Council withhis recommendations relating to modifying or correcting the Village master plan as
to the affected area. The said time limitation shall be a reasonable one, predicated upon the time
needed for a comprehensive analysis of the area by the Village Manager and all planning
agencies of the Village.
(f) Upon the submission of the Village Manager's report and recommendations to the
Clerk of the Council, the Clerk shall call a public hearing thereon before the Council at the
earliest practicable time, after reasonable notice by publication in a newspaper of general
circulation in Village of Key Biscayne. After said public hearing, the Council shall either amend
the master plan and terminate the zoning moratorium order or, if it finds no amendment in order
or necessary, terminate the zoning moratorium; provided, however, the Council may continue
the moratorium or any portion thereof for an additional period of time if the Council finds such
continuance to be reasonably necessary.
(g) Should the Village Manager be unable to report back to the Council within the
time prescribed by its moratorium order, upon timely request, by the Village Manager and after
public hearing on the need therefor, the Council may reasonably extend the time limitations for
the report and the moratorium if the Council finds such extension is reasonably necessary.
Sec. 30-78. Other zoning moratoria.
(a) Should any person make written application to the Village Manager for the
issuance of an administrative order as provided by Section 30-77(a), Village Code, and the
Village Manager refuses to issue such order, or fails to take action thereon within thirty (30)
days, such person may make direct application in writing to the Village Council for the issuance
of a zoning moratorium order. Such application to the Council shall be filed with the Clerk of
the Village Council, whose duty it shall be to place the matter before the Village Council as soon
as is reasonably practicable for the Council's determination as to, whether a public hearing should
be called thereon. The word "person" as used in this subsection includes, but is not limited to,
any individual, firm, corporation, or governmental entity, including the Village Council.
(b) Should the Council determine that a public hearing should be held on whether a
zoning moratorium is appropriate, it shall call the same for the earliest practicable date and give
reasonable notice thereof by publication in a newspaper of general circulation in Village of Key
4.16
Biscayne. Pending the public hearing the Council may issue an order prohibiting the
consideration by any Village department, Council or agency of any zoning amendment,
modification, variance, conditional use or other zoning change in said area.
(c) The procedure to be followed for this section, after the completion of the steps
provided in subsections (a) and (b) above, is that set forth in Section 30-77(e) and (f), Village of
Key Biscayne Code.
Sec. 30-79. Zoning in Progress Procedures.
(a) During the period of time that a petition for zoning district change or text
amendment is under consideration pursuant to the applicable ordinances, no permit or license of
any kind shall be issued if such permit or license would result in the nonconforming or unlawful
use of the subject property should the petitioned change be finally enacted by the Village
Council.
(b) The period of time of such freeze on permits and licenses shall begin on the date
of notification for the initial public hearing before the Local Planning Agency and shall continue
for a maximum period of six months; provided, however, that such six-month period may be
extended for up to an additional six months by resolution of the Village Council where the scope
and magnitude of the petition requires additional time for study and deliberation.
Sec. 30-80. Site Plan Review Procedures.
(a) Purpose. Site Plan Review is designed to achieve the following objectives:
(1)
(2)
(3)
To insure that infrastructure (water, sewer, and marl's) is in place at the time the
project is completed, as mandated by Florida's Growth Management law,
To encourage logic, imagination, and variety in the design process;
To insure that pmjects are compatible, both aesthetically and functionally, with the
surrounding area;
To promote excellence in urban design; and
To encourage buildings that are consistent with the high quality environment
associated with the Village.
(b) Applicability. Site Plan Review shall be required for each development activity that
meets the following criteria: The proposed development is not located in a single family, two family,
GU Governmental or PROS Public Recreation and Open Space zoning district; and
(1)
Any new construction on a vacant lot (this applies to lots that had buildings that have
been demolished); or
4.17
(2) Any. addition to an existing structure that increases the structure's square footage by
50% or more.
(c) Jurisdiction. The Village Council shall have jurisdiction regarding the disposition of
Site Plan Review applications.
(d) Vote. The vote shall follow a public hearing where interested persons can provide
the Council with testimony and evidence.
(e) Tune limit The approval of a site plan shall automatically become null and void
unless the appro development order, as defined in Section 163.3164, Florida Statutes, has been
issued within months of the date the resolution was approved by the Village Council. A
request for an extension of time, for a maximum of an additional 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.
(i) Application forms. The Building, Zoning, and Planning Department shall provide the
applicant with all necessary application forms. A complete application shall include the following:
(1) Existing site characteristics map. A certified property survey extending to the center
line of all adjacent streets and alleys illustrating:
a. Existing natural features, including but not limited to lakes, trees androther
vegetation and soils and topography unless deemed unnecessary by the
Village Building, Zoning, and Planning Director.
b Existing buildings and other structures, including use, height, dimensions and
setbacks.
c. Existing utility lines and easements.
(2) Site development plan.
a. A scale drawing clearly illustrating proposed buildings and other structures,
and any existing buildings and structures which are to be retained, including
use, height, dimensions and setbacks.
b. Proposed off-street parking spaces, driveways and sidewalks, including
location, construction material, dimensions and setbacks. This shall
demonstrate compliance with Handicapped Accessibility Requirements and
Chapter 52.11 of the South Florida Building Code.
c. Proposed fences and walls, including location, construction material,
dimensions, setbacks and height.
4.18
(3)
e. Alignment of Miami -Dade County Trafcways on property (if applicable).
Distance of existing buildings on adjacent properties from property line.
g Location of all existing and proposed fire hydrants and Siamese connections.
Landscape plan.
a A scale drawing clearly illustrating proposed trees, shrubs, grass and other
vegetation, including location, height, size and type of plant by both
common and botanical classifications.
b. Proposed berms, watercourses and other topographic features.
c Method ofirrigation.
(4) Architectural plan.
a. A scale drawing clearly illustrating proposed floor plans and elevations,
including height, dimensions and color.
b. Proposed location and elevations of signs, including height, dimensions,
setbacks, construction material and color.
c. Floor plans at a scale of 1/8 inch =1 foot -0 inches or larger for all floors
within any proposed structured parking facility illustrating columns and all
other obstructions to the movement of automobiles together with fully
dimensioned driveway and parking space layouts.
(5) Tabular summary.
Total gross project acreage and net buildable land area.
b. Total number of proposed residential units, including characteristics by
number of bedrooms and bathrooms and total gross square footage.
c. Proposed residential densities, including both net and gross acre calculations
on both a unit and dwelling unit equivalent basis.
Proposed nonresidential floor area by type of use and total gross square
footage.
4.19
e. Percentage distribution of total gross project site, including areas proposed
for landscaped open space, impervious surfaces and building coverage.
f Number, gin- and ratio of off-street parking spaces.
(6) Drainage plan. Unless the Village Engineer determines that major drainage
improvements are not feasible due to existing improvements on the property, site
plan submittals shall contain a separate paving and drainage sheet(s) containing the
following:
a. Locations and size of all buildings, roads, parking lots, driveways, green
areas, and other significant pervious and impervious areas.
b. Existing elevations at the center of proposed structures as well as the.
proposed finished floor elevations.
c. Sufficient elevations and calculations to show retention of storm water on the
site in accordance with the South Florida Building Code (S.F.B.C.), Section
4611.1.
d. Exterior site elevations at the following locations:
(i) Street crown at mid points of sides adjacent to streets and at property lines
extended (or at intervals of 100 feet for sites with greater than 200 feet
frontage).
(ii) Where the adjacent edge of pavement intersects the property lines extended.
(iii)Existing and proposed elevations at the intersections and midpoints of all
property lines and existing elevations 10 feet outward from the midpoints of
all nonfrontage lines.
e. Type and usage of structures immediately adjacent to the site (residence,
warehouse, and the like).
g.
Details of proposed drainage system, including drainfield cross sections
and lengths, catch basin types and sizes, designated retention/detention area
cross sections, and the like.
Description of methods to be implemented during construction to mitigate
adverse quantity or quality impacts off -site.
In addition, the following may be required depending on the size and/or
location of the project:
4.20
(i) Percolation test results if percolation of exfiltration systems are proposed.
(ii) A map of the area showing where runoff presently goes and size, location,
topography and land use of off -site areas which drain through, onto, and from
the project.
(7)
(8)
(9)
Pavement marking and traffic signage plan.
Proof of concurrency. All projects requiring site plan review, or development of
regional impact review are required to provide proof of concurrency, pursuant to the
Land Development Regulations, prior to the issuance of such site plan approval, or
development of regional impact development order.
Optional information. The following may be required, if deemed necessary by the
Building, Zoning, and Planning Director.
a. A map reflecting the general character and relationship of surrounding
properties.
b Block elevation sketches of the proposed development.
c. Intended progressive stages or phasing of development.
At the time of site plan approval of any development which includes'
structured parking, the Building, Zoning, and Planning Director may require
designation of specifically delineated dimensions between columns and/or
other structures. The Building, Zoning, and Planning Director may further
require that following construction of footings and establishment of batter -
boards for column construction at grade level, that the developer provide to
the Building, Zoning, and Planning Director a sealed survey establishing
compliance with the previously designated critical dimensions.
e. Demonstration that the proposed development will not adversely affect any
endangered or threatened plant or animal species, and will to the greatest
extent possible, protect natural areas, native species potable water well -
fields, and dune systems, and will provide effective erosion control, and will
protect against hazardous waste.
f. Site plans shall to the greatest extent possible provide maximum clustering of
buildings and impervious areas.
Site plans shall to the greatest extent possible provide bicycle and pedestrian
paths to join residential development with employment areas and
commercial areas and shall combine landscaping to the greatest extent
possible with that of adjoining properties.
4.21
(g) Review Criteria In order to approve a project, the Village Council must find that it
is consistent with each of the below review criteria. The Council may require conditions that are
necessary to minimize any adverse impacts on adjacent properties.
(1) Natural Environment.. All proposed development shall be designed in such a manner
as to preserve, perpetuate and improve the existing natural character ofthe site..
Existing trees and other landscape features shall, to the maximum extent possible, be
preserved in their natural state; and additional landscape features shall be provided
to enhance architectural features, to relate structural design to the site, and to
conceal unattractive uses. In all instances the Village's tree protection, landscaping
and all other applicable regulations shall be fully complied with as minimum
standards.
(2) Open space. Adequate landscaped open space shall be provided which meets the
particular needs and demands of the proposed development and all specific zoning
district requirements. Legal methods assuring the continued preservation and
maintenance of required open space shall be submitted to and approved by the
Village Attorney. The type and distribution of all open space shall be determined by
the character, intensity and anticipated residential or user composition of the
proposed development.
(3)
a. Passive open spaces (those areas not planned for intensive activity) shall be
arranged as to enhance internal spatial relationships between proposed
structures, to provide buffers between the project and adjacent less intensive
uses, to facilitate pedestrian movements within the development, and to
improve the overall visual quality of the site.
b. Active open spares (those areas containing activities such as playgrounds,
tennis courts; swimming pools and other active recreational facilities) shall
be located so as to permit easy access to all residents or users within a
development. Private recreational facilities and activities within specific
projects shall, wherever possible, complement, rather than duplicate, nearby
public recreational activities.
Circulation and parking. All circulation systems and parking facilities within a
proposed development shall be designed and located in such a manner as to comply
with the following.
a. A clearly defined vehicular circulation system shall be provided which allows
free movement within the proposed development while discouraging
excessive speeds. Said systems shall be separated insofar as practicable from
pedestrian circulation systems. Pavement widths and access points to
peripheral streets shall be provided which adequately serve the proposed
development and which are compatible and functional with circulation
4.22
systems outside the development.
Whenever possible in proposed residential developments, living units should
be located on residential streets or courts that are designed to discourage
nonlocal through traffic.
c. Off-stieet parking areas shall be provided which adequately accommodate
maximum vehicle storage demands for the proposed project and are located
and designed in such a manner so as to conveniently serve the uses to which
they are accessory and not create incompatible visual relationships.
Safe and efficient access to all areas of the proposed development shall be
provided for emergency and service vehicles, as required by Chapter 52.11
of the South Florida Building Code.
Sidewalks shall be provided as required by the Village regulations.
Handicapped Accessibility shall be provided as required by all applicable
regulations.
(4) Community services and utilities. All proposed developments shall be designed and
located in such a manner as to insure the adequate provision, use and compatibility
of necessary community services and utilities.
An adequate sanitary sewer collection system including all necessary
extensions and connections, shall be provided in accordance with Village
standards for location and design. Where necessitated by the size of the
development and/or by the unavailability of Village treatment facilities,
sanitary sewage treatment and disposal systems must be provided in
accordance with Village and state standards and regulations.
(5)
b. An efficient solid waste collection system, including the provisions of an
adequate number of properly screened local receptacles in locations which
afford maximum use and collection convenience, shall be provided in
accordance with all applicable Village standards.
c A well designed internal system for fire protection, including the provisions
of an adequate number of properly located fire hydrants and an efficient
access arrangement for emergency fire vehicles, shall be provided to insure
the safety of all persons within the project.
Building and other structures. All buildings and structures proposed to be located
within a development shall be oriented and designed in such a manner as to
enhance, rather than detract from, the overall quality of the site and its immediate
environment. The following guidelines shall be followed in the review and
4.23
evaluation of all buildings and structures:
a. Proposed buildings and structures shall be related harmoniously to the terrain,
other buildings and the surrounding neighborhood, and shall not create
through their location, style, color or texture incompatible physical or visual
relationships.
b. All buildings and structures shall be designed and oriented in a manner
insuring maximum privacy of residential uses and related activities both on
the site being developed and property adjacent thereto:
c. All permanent outdoor identification features which are intended to call
attention to proposed projects and/or structures shall be designed and located
in such a manner as to be an integral part of the total project and/or structural
design and shall not exceed a size and; scale necessary for the recognition
from vehicles moving along adjacent streets at prescribed legal speeds.
(6) Level of service standards. For the purpose of the issuance of development orders
and permits, the Village has adopted level of service standards for public facilities
and services which include roads, sanitary sewer, solid waste, drainage, potable
water, and parks and recreation. All applicants are required to prove concurrency
pursuant to the Land Development Regulations.
(7)
Other requirements. Requirements and recommendations as provided in the Village
tree and landscape regulations shall be observed as will the requirements of all
applicable standards and regulations.
(h) Resolution. The resolution that memorializes the approval of a site plan shall be
recorded in the public records of Miami -Dade County at the applicants 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.
(i) 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 Site Plan application that is
considered by the Council. The recommendation shall provide a finding regarding compliance with
the criteria listed in subparagraph (m) below.
(j) 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 public safety or property or
otherwise create substantial risk of injury or would amount to a public nuisance, a stay shall not be
issued.
4.24
(k) Appeals. Judicial review of a decision made by the Village Council shall be to a
court of competent jurisdiction.
(1) 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 the date of
denial or withdrawal. This prohibition may be waived by the Village Council by permitting the
withdrawal or denial to be without prejudice. Any subsequent application that provides setbacks,
density, or parking spaces that vary ten percent or more from 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.
(m) Notification. Notification shall be pursuant to Section 30-68 "Public Hearing and
Notice Requirements". 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 is required 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); and
(2) Two duplicate sets of' self adhesive mailing labels containing the names and
addressees of property owners indicated on the certified list
Secs. 30-81— 30-99. Reserved.
4.25
ARTICLE V. SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS
Sec. 30-100. Single Family Districts.
*
See. 30-101. Commercial Districts.
C-1 Low Intensity Commercial District
(a) Purpose and Uses:
District -Purpose
►nditional
Ilse
This district
permits the
development of
landinalow
intensity manner
and uses that
provide for the
sale of goods and
products that are
needed
throughout the
entire Village.
Commercial Uses
Office
Personal Service
Uses
Retail sales
including the
resale of antique
furniture that is at
least 50 years old
and the resale of
jewelry, art, and
furs.
Restaurant
(except on parcels
that immediately
abut a single
family district)
Service
Station
Any Use that is
customarily
associated with the
Main Permitted
Uses (See Sec. 30-
111)
Any Use not
listed as a Main
Permitted Use,
Conditional Use,
or Accessory
Use.
(See Sec. 30-113)
5.1
(b) Development Regulations:
40,000 sq. f t.
Front First Floor
Above 1st Floor
Side, Interior
Side; Facing street
10ai
20 ft.
20 ft.
10 ft.
25 ft.
35 ft.
0.50
40%
(c)
Performance Standards (items apply to uses in the C-i District):
(1) Service Stations, automotive repair, detailing and washing:
a. All vehicle repairs shall take place within a fully enclosed building.
b. No windows or garage doors shall be placed within 100 ft. of residentially
zoned property.
c. The overnight outdoor storage of vehicles is prohibited.
d. Detailing/car washing shall only be permitted in a structure or under a
permitted canopy. Canopies shall not be placed where they will interfere
with on -site parking or traffic circulation.
e. Air compressors shall be within a wholly enclosed building that prevents
the transmission of noise.
(2) Burglar alarm: The alarm bell or device shall not face residentially zoned
property.
5.2
: A decorative, opaque 6 ft. CBS wall shall be placed
rear property line. The area between the property
line and the shall have dense landscaping. The design of the wall
and the landscaping shall be approved by the Building, Zoning, and Planning
Director. The Director shall determine if the wall and landscaping provides an
adequate buffer and screen between the commercial uses and the adjacent
properties. The Director may require that additional trees be placed in the swale
if required to achieve adequate screening.
5.3
(4) Restaurants may offer alcoholic beverages for consumption on the premises if the
primarily use of the property is for the sale of meals. There shall be a printed
menu and food shall be available for the entire time the restaurant is open.
Alcoholic sales may occur as long as the restaurant is open and food is available
for consumption on the premises.
The wall, which contains the main entrance into a business, shall have a
minimum of 50% of the surface in windows and doors.
(5)
(6) Perimeter walls or fences that face a street shall be set back two feet from the lot
line.
Sec. 30-102 GU Government Use District
(a) Purpose and Uses:
None
This district is
designed to
permit land
owned by a
governmental
entity to be used
for any public
purpose
Governmental
buildings such as
but not limited to
schools, offices,
post offices,
parks,
community
centers, police
and fire stations.
Any Use
customarily
associated with
the Main
Permitted Use
(See Sec. 30-
111)
Any Use not
listed as a Main
Permitted Use,
Conditional Use,
or Accessory
Use.
(See Section 30-
113)
(b) Development Regulations (setback, height, number of stories, lot coverage, floor area
ratio, parking, etc.) shall be set forth on a site plan that is approved by the Village Council. In
reviewing the site plan, the Council shall use the development regulations in the adjacent districts as
a guide in determining if projects in the GU district are compatible with surrounding properties.
(c) Upon the ownership of land by a governmental entity, the zoning district designation
shall automatically be changed to GU Governmental Use.
(d) Upon the sale of land that was owned by a governmental agency to a non-
governmental agency, the Village Council shall change the zoning district designation pursuant to
the procedures established in this ordinance.
5.4
Sec. 30-103. Hotel Resort District.
(a) Purpose and Uses:
None
This distdct is
designed to promote
the development of
ocean resort hotels
and multiple family
residences.
Hotel
Apartment
Building
Any Use that is
customarily
associated with the
Main Permitted Uses
(See Sec. 30-111)
Any Use not listed as
a Main Permitted
Use, Conditional
Use, or Accessory
Use (See Sec. 30-
113)
(b) Development Regulations:
150
.40
Hotel 30 units per acre
No development shall exceed 350 hotel units
Apartment Building 16 Units per acre
Fa development contains hotel and apartment units, then
lot area, which is counted towards one use, cannot be
counted towards another use.
ft.
The site shall be
subdivided as of
the date of this
ordinance.
5.5
From: 25 ft. + 5 ft per floor above the first floor but
not to exceed 50 ft.
Side: 25 ft. minimum (however no portion of
building may extend beyond a "building
envelope formed by a prism the base of
which is formed by the lot boundaries and
whose height is defined by two base angles of.
63 degrees each, see sketch below).
Side setbacks shall be measured from the
dedicated easement as required in the Floor
Area Ratio calculation
Rear: 25 ft. + 5 ft per floor above the first floor but
not to exceed 50 ft.
.40, however Oceanfront and bayfront buildings that
provide a 7.5 ft dedicated easement on each side of the
property from the street to the beach shall use the
following:
1 story .40
2 story .60
3 story.80
4 story 1.00
5 story 1.20
6 story I.40'
7 story 1.60
8 story 1,80
9 story+ 2:00
The dedicated easement shall be counted in theFloor
Area Ratio calculation. The easement shall be
improved with landscaping and a hard paved surface.
The improvements shall require approval by the
Building, Zoning, and Planning Director prior to the
issuance of a building permit and must be Stalled prior
to the issuance of a Certificate of Occupancy.
INTERIOR
smc
PROPERTY
LINE
BUILDING MUST BE
WITHIN. ENVELOPE
(c) If a building is damaged by a natural disaster or other casualty, the application of
the above development regulations shall not preclude the repair or reconstruction of any building
or portion thereof; however, the repair and reconstruction work shall only occur within the
original building envelop and with the same or fewer number of units than existed prior to the
natural disaster or other casualty.
5.6
(a) Purpose and Uses:
Places of
worship
This district is
intended to
pennit uses that
provide a public
or semi-public
service.
Community
Residential
Facilities
Any Use that is customarily
associated with the Main
Permitted Use
Day Care Facilities
Meeting rooms
Schools (See Sec. 30-111)
Any Use not listed as
a Main Permitted Use,
Conditional Use, or
Accessory Use.
(See Sec. 30-113 for
other prohibited uses)
(b) Development Regulations:
New Construction
35 ft.
.25
35%''
Flout
Side, interior or
facing a street
Rear
50 ft
25 ft.
50ft
Additions in side and rear yards shall
provide the same setback as the existing
building. Additions in the front yard shall
provide a 50 ft. setback.
(c) Performance Standards (items apply to uses in the I District):
Perimeter walls or fences that face a street shall be set back two feet from the lot line.
5.7
Sec. 30-105. Multiple Family Districts.
(a) Purpose and Uses:
• Purp(�o#�p� �5��
'� d e4 Jib
?"S s f s' z §
Zy l`� `' :,. f�
These districts are
In Multiple Family
None
Any Use that is
Any Use not listed
intended to permit
Districts:
customarily
as a Main Permitted
the development
Apartment
associated with the
Use, Conditional
and maintenance of
Buildings
Main Permitted Use
Use, or Accessory
multiple family
buildings
(See Sec. 30-111)
Use. (See Section
30-113)
Duplex Townhomes
SIn PUD Districts
The above uses and
those uses set forth
in a site plan
approved prior to
the adoption of this
ordinance;
5.8
(b)
Development Regulations:
RM-10 Low
Density
10
35 ft.
.30
.35
RM-16 Medium
Density
16
50 ft.
1 story .30 3 story .75
2 story .50 4 story + .80
.30
RM-30
Density
30
150 ft.
.40
If oceanfront/bayfront buildings provide
a 7.5 ft. dedicated easement on each
side of the property, which is improved
with a hard paved surface from the
street to the beach, then the below
FAR's may be used:
1 story .40 6 story 1.40
2 story.60 7 story 1.60
3 story .80 8 story 1.80
4 story 1.00 9+ story 2.00
5 story 1.20
.40
PUD-1 Ocean Club
PUD-2 Grand Bay
PUD-3 Key Colony
Key Colony pursuant to the site plan as approved by Dade County
Grand Ba and Ocean Club .ursuant to the si
5.9
(c) Setback Regulations:
::s _�,", r'„ ,..�
k`�' .�-Y.,� s�.,,z
Uzi. .r''�,,. 3L•.m
3,�1 �+�._ � 3;z.�.._'��
.w..:s,s .i. .,.s
�� :. ,`�. ss ...',
RM l0 Low
Density
15 ft
25 ft.
15 ft. minimum
50 ft. maximum
the sum of the
sideyards must be>
25% of lot width
25 ft.
50 ft. maximum
the sum of the
sideyards must be :>
25% of lot width
25 ft.
RM-16
Medium
Density
30 ft.
25 ft
20 ft,
20 ft
25 ft.
RM-30 High
Density
50 ft.
25 ft. + 5 ft
per floor
above the first
floor but not
to exceed 50
ft,
25 ft. minimum
(however no portion
of building may
extend beyond a
"building envelope"
formed by a prism
the base of which is
formed by the lot
boundaries and
whose height is
defined by two base
angles of 63 degrees
each, ` see sketch
below).
25 ft. minimum
(however no portion
of building may
extend beyond a
"building envelope"
formed by a prism the
base of which is
formed by the lot
boundaries and
whose height is
defined by two base
angles of 63 degrees
each, `see sketch
25 ft. + 5 ft per
floor above the
first floor but
not to exceed
75 ft.
below).
PUD-1
Ocean Club
PUD-2
Grand Bay
*
*
*
*
PUD-3 Key
Colony
5.10
BUILDING MUST BE
WITHIN ENVELOPE
(d) If a building is damaged by a natural disaster or other casualty, the application of
the above development regulations shall not preclude the repair or reconstruction of any building
or portion thereof; however, the repair and reconstruction work shall only occur within the
original building envelop and with the same or fewer number of units than existed prior to the
natural disaster or other casualty.
(e) Performance Standards (items apply to uses in the RM-10 District):
Perimeter walls or fences that face a street shall be set back two feet from the lot line.
5.11
Set. 30-106. Office District.
0-1 Low Intensity Office District
(a) Purpose and Uses:
Office
This district
permits the
development of
land in a low
intensity manner
and buildings
which are
designed to be
compatible with
adjacent
residential uses.
None
Any Use that
customarily
associated with
the Main
Permitted Uses
(See Sec. 30-
111)
Any Use not
listed as a Main
Permitted Use,
Conditional Use
or Accessory
Use.
(See Sec.30-113)
(b) Development Regulations:
_
n
Front
Side, Interior
Side, Facing street
20 ft.
10 11.
10 ft.
Rear 20 ft.
35 ft.
0.50
40%
12,500 sq. ft. or as
subdivided as of
the date of the
adoption of this
ordinance
Performance Standards:
Walls facing a street shall include a minimum of 50% of the surface in windows
and doors.
Walls facing residentially zoned property shall not have windows; however the
design of the wall shall include architectural treatments that add visual interest
such as scoring, caps, columns, reveals, and similar architectural treatments. The
design shall be approved by the Building, Zoning, and Planning Director.
(d) Burglar alarm: Shall not face residentially zoned property.
5.12
(e) Buffering and Screening: A decorative, opaque6 ft CBS wall shall be placed on
any property line that is adjacent to a residential district There shall be a 5 ft setback from the
wall. This area shall be landscaped with dense materials. The design of' the wall and the
landscaping shall be approved by the Building, Zoning, and Planning Director. The Director
shall determine if the wall and landscaping provides an adequate buffer and screen between the
office uses and the adjacent properties.
(f
lot line.
Perimeter walls and fences that face a street shall be set back two feet from the
Sec.30-107 Private CIub
(a) Purpose and Uses
Main Permitted Uses:
Private Club
None
This district is designed
to permit non-
commercial, private
facilities that provide
recreational and social
activities for their
Any Use that is
customarily
associated with the
Main Permitted
Uses or
Conditional Uses
(See Sec. 30-111)
Any Use not
listed as a Main
Permitted Use,
Conditional Use,
or Accessory Use
(See Sec. 30-113)
5.13
(b) Development Regulations:
�a�
FlvorArea` #t3
mum
r
t G t`Ar�ea z.
Front 50 ft.
Side 25 ft. the
Rear
Bayfront
ft.
Oceanfront _ .>
No encroachment into the
Coastal Construction. Line
area is permitted
.15
35 ft.
.15*
The site shall be
subdivided as of !,
date of this
ordinance
* See lot coverage definition in Article 2. Lot coverage shall also include non -roofed areas enclosed by walls
(excluding building walls) which exceed six ft. in height. Lot coverage shalt also include any boat storage facility
(rack) which exceeds ten ft. in height when measured from the ground to the top of the uppermost boat
Additionally, an increase of up to 5% of lot coverage is permitted for gazebos, porches, or similar structures.
(c) If a building is damaged by a natural disaster or other casualty, the application of
the above development regulations shall not preclude the repair or reconstruction of any building
or portion thereof; however, the repair and reconstruction work shall only occur within the
original building envelop and with the same or fewer number of units than existed prior to the
natural disaster or other casualty.
(d) Site Plan Review shall be required pursuant to Section 30-80. The following
criteria shall also be utilized for water and marina dependent uses:
(1) Must have a minimum 4 ft. depth at mean low tide in the marina bas - > . and
access channel, and direct access to the intracoastal waterway (if applicable) or to
another dredged channel or area with a minimum of 6 ft. clearance at mean low
tide.
(2) Must be compatible with existing and surrounding land uses and of sufficient size
to accommodate the specific project and the required parking.
(3)
should preserve or improve traditional public shoreline uses I
and public access to estuarine and coastal waters, preserve or enhance the quality
of the estuarine and coastal waters, water circulation, tidal flushing and light
penetration, and preserve archeological artifacts or zones and preserve or
incorporate historic sites.
5.14
(4) Shall provide substantiation that the project is consistent with the purpose of the
zoning district.
(5) Shall demonstrate that the development is compatible in terms of scale and uses
with adjacent properties.
(6) Shall demonstrate that the impact on the infrastructure is consistent with the
Level of Service established in the Master Plan.
(7) Shall list the benefits to the community in terms of urban, economic, and cultural
impact.
(8) Construction or subsequent operation of any new or expanded marina shall not
destroy or degrade hammocks, pinelands, salt marshes, mangrove protection
areas, seagrass, hard bottom communities, or habitats used b endangered or
threatened specie
In'niaking the above determinations, the Building, Zoning, and Planning Director may require
The applicant to provide documentation and studies supporting such findings. An application for
`Site Plan Review shall address each of the above criteria.
Sec. 30-108. PROS Public Recreation and Open Space District.
(a) Purpose and Uses:
�'i^ hS.tFic{7 yV rS
�.....�
•
�±- } .�KT $�.
..�.
.i
.�. ..: yr . ".-
This district is
designed to permit
public non-
commercial
recreational uses
Parks
Active and passive
recreational uses
None
Any Use that is
customaniy
associated with a
Main Permitted Use
(See Sec. 30-111)
Any Use not listed as
a MainPermitted
Use, or Accessory
Use.
(See Section 30-113)
(b) Development regulations setbacks, height, lot coverage, floor area ratio, parking, etc.)
shall be set forth on a site plan that is approved by the Village Council. In reviewing the site plan,
the Council shall use the development regulations in adjacent districts as a guide for determining
whether projects in this district are compatible with surrounding properties.
5.15
(c) Upon the sale of land that was owned by a governmental agency to a non-
governmental agency, the Village Council shall change the zoning designation pursuant to the
procedures set forth in this ordinance.
Sec. 30-109. Supplemental Setback Regulations.
General provisions:
(a) Determination of yards: When the definitions of yards do not clearly determine the
front, side or rear yard, the Building Zoning, and Planning Director shall be guided by the pattern of
development in the vicinity of the lot and the platting of the lots m question m determining what is
the applicable yard.
(b) Double frontage lots: The required front yard shall be provided on each street
frontage. Unless provided for in these regulations, accessory structures shall not be provided for in
either yard.
(c) Private Roads: The setback shall be measured from the centerline of a private road
Sec. 30-110. Allowable Encroachments into Required Yards (all districts except Single
Family and PS Parkside Residential).
(a) Awnings.
(1) Commercial and Office Districts. Awnings facing a right-of-way must maintain a
setback of at least 18 inches from the edge of pavement, and are subject to the
approval of the Building, Zoning, and Planning Director. The decision shall be based
on the height of the awning, design, and relationship to the building, sidewalk and
intended use of the space beneath the awning
(2) All other districts except Single Family and PS Parkside Residential. Awnings shall
not project closer than 3 feet from any lot line or have a total projection that exceeds
7.5 ft.
(b) Canopies. A canopy shall be permitted to extend from an entrance door toward the
street side of any building The canopy may extend to within 18 inches of the edge of pavement.
Such canopies shall not exceed 15 ft. m height and 12 ft. in width or be screened or enclosed in any
manner and shall provide an unobstructed, clear space between the grade and the bottom of the
canopy valance of at least 7 tt. The location of vertical supports for the canopy shall be approved by
the Engineering Division.
(c) Carports: Not permitted.
(d) Decks and Screen Enclosures (whether or not associated with a pool) Setbacks:
rout tbaelc ?A
kle FaL}ub ee
..S Y iY r Side
� C
F Si` .r . � }
Not permitted in
front yard
15 ft.
10 ft.
10 ft. non -oceanfront lots
0 ft. for oceanfront lots
(e) Driveways and sidewalks on private property: 5 ft. from side or rear lot line.
5.16
(1) Fences and walls:
(1) Generally. For purposes of regulating perimeter fences and wails, there is hereby
established three zones. The "FrontZone" being the area between any building
and the adjacent street(s), and the "Rear Zone" being the area from the back of the
Front Zone to the rear property line.
(2) Maximum height.
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 measured from
the crown of the road.
b. 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. For fences associated
with tennis courts and other court games the maximum height is set forth
in subsection (p) below.
c. Arches may go up to nine and one half feet in the side yard only.
(3) Finish.
a. Front Zone. 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.
b. Rear Zone. All concrete walls must be finished on the exterior face
(stucco and paint) except where adjacent and contiguous with an existing
wall. All wood fences must be finished so that no nail points are exposed
or visible. For fences used in conjunction with court games (see
subsection (p) below)
(4) Corner Line ofSight Triangle on Private Property: At a street corner, the maximum
height of a wall, fence, or landscaping is 2.5 it measured 15 ft. along the intersection
of property lines. Landscaping in this triangle is limited to shrubs.
(g) Hedges: No height limit except with regard to comer visibility where regulations
listed in subsection (f)(3) above.
(h) Lightpoles: 15 ft.
5.17
(i) Marine structures: As set forth in Section 30-100.
(j) Mechanical equipment: Air conditioning, water pumps, and similar equipment shall
be permitted in a required yard subject to the following:
(1) Not located in any yard facing a street.
(2) Provide a minimum 5 ft setback to the lot line.
(3) Shall provide a solid acoustical screen at least one (1) ft. above the top of the air
conditioner compressor and along the sides: Perimeter walls may be used as the
acoustical screen where the height of the wall extends at least one (1) ft. above the
equipment.
(4) If located on a roof, the equipment shall be screened from view in a manner that a
person standing on the sidewalk opposite the site can not view the equipment.
(k)
(1)
Parking Facilities, at grade lots and garages:
At -grade parking lots with six or more spaces.
a. Required setbacks:
50 ft or less 5 f 5 ft
More than 50 ft. but <200.ft. 5ft. 7.5 ft.
More than 200 ft.. 10 ft. 10 ft.
b. Landscaping shall be provided for as set forth in Article IX.
c. At -grade parking lots, when an Accessory Use and located under a building,
shall comply with the setbacks as set forth for the Main Permitted Use. At-
grade lots which are not under a building shall comply with the setbacks
listed in subparagraph (1-a) above.
(2) At -grade parking lots with fewer than six spaces. These lots shall provide a 5
setback to any property line and include a car stop per parking space. The setback area shall be
landscaped. Terminal islands are not required
(3) Parking Garage, attached or detached to a building, shall have the same setbacks as
the Main Permitted Use.
5.18
(1) Projections: Every part of a required yard shall be open to the sky, except as
provided for in these regulations. The following may project into a required yard for a distance not
to exceed 25% of the required yard up to a maximumprojection of 6 ft unless provided for below
(1) Air conditioning units, window
and wall
(6) Cornices
(2) Belt courses
(7) Porches, platforms,steps, terraces, decks,
and similar uses
(3) Balconies: the PUD, HR, and
RM-30 districts where they may project
10 ft. from a wall but not closer than 20
ft.to a side or rear lot line and 25 ft to a
front lot line.
(8) Window sills
(4) Bay windows
(9) Walkways
(5) Chimneys
(10) Any other similar work as determined by
the Building, Zoning, andPlanning Director
(m) Shed Regulations:
(1) Not permitted in any yard that
faces a street.
(4)
Maximum size: 150 sq. ft.
(2) Rear and side yard setback. 5 ft.
(5)
Maximum height: 7.5 ft.
(3) Maximum of one allowed per
proPertY.
(n) Solar Heating Panels. Shall be visually screened from the adjacent rights -of -way, or
set into the roof so that the solar panel is flush with the upper roof surface.
5.19
(o) Swimming pool, hot tubs, spas or similar use - setbacks measured to water's edge.
(see Subsection (d) above for setbacks for decks and screen enclosures):
Not . -rmitted in the front • d (4) Rear yard: 15 ft.
(2) Side yard facing a street
15 ft. except in the PUD, HR, and
RM-30 districts where the setback shall
be 20 fl.
(5) Equipment setback: 5 ft.
' (3) Sideyard, Interior. 10 fl: except in
the POD, HR, and RM 30 districts where
the setback shall be 15 ft.
(6) Swimming pool (depth of at least 2 ft:)
shall be surrounded by a fence with a self-
closing/locking gate - fence and gate minimum
48 inches high with no more than four inches
between fence posts.*
*Modifications to the fence, gate or latch. The Building Official may make modifications in
individual cases upon a showing of good ca se with respect to the height, nature or location of the
fence, wall, gate `orlatch or the necessity thereof, provided the protection as shown hereunder is not
reduced thereby. The Division may permit other protective devices or structures so long as the
degree of protection afforded by the substitute device or structure is not less than the protection
afforded by the wall, fence, gate and latch described in division (o)(6) above.
5.20
(p) Tennis courts and similar court games: The following regulations shall apply for
fences, lightpoles or other accessory structures associated with court games in all districts.
(4) All chain link fences shall be
coated with green or black materials.
(2) Required side and required near yard
maximum height of fences shall be 10 feet and the
fences shall be set back at least 7.5 ft. from the
interior side or rear property line. When the fence
faces a street, the maximum height shall be 10 ft
and the fence shall be set back at least 15 ft. from
the property line.
(5) When fences are located
within 7.5 ft. of lot line, they shall be
substantially screened from view from
adjacent properties, public
right-of-ways, and waterways by
landscape materials.
(3) Accessory lighting fixtures, when
customarily associated with the use of court
games, shall be erected so as to direct light only on
the premises on which they are located The
maximum height of light fixtures shall not exceed
10 feet when located in a required yard; otherwise,
the maximum height shall not exceed 20 ft. Light
is permitted to be cast on any public right-of-way.
(6) Any play surface, whether
paved or unpaved; when associated
with said court games, shall have the
following minimum required yards:
front - not permitted, interior side - 7.5
ft, any side facing on a shad -15 ft.,
rear -7.5ft.
Sec. 30-111. Accessory Use Regulations.
(a) General Provisions: Accessory Uses shall comply with the following general
provisions:
(1) They shall be located on the same Lot as the Main Permitted Use.
(2) They shall be incidental to and customarily associated with the Main Permitted
Use. In making this determination, the Building, Zoning, and Planning Director
may require the Applicant to provide evidence that said Use meets this criteria.
Off -Street Parking and Loading Spaces shall be considered as Accessory Uses in
all districts unless listed as a Main Permitted Use or Conditional Use.
A Use other than those listed in this section may be considered as an Accessory
Use if it is customarily associated with one of the Main Permitted Uses and if the
Building, Zoning, and Planning Director finds that the Use complies with the
below mandatory criteria:
a. The Use complies with items 1 and 2 above;
b. The Use is consistent with the purpose of the Zoning District in which it is
5.21
located;
c. That the necessary safeguards will be provided for the protection
of surrounding property, persons and neighborhood values;
d. That the public health, safety, and general welfare of the
community will not be materially and adversely affected; and
e. It is consistent with the Master Plan.
Appeal of the Building, Zoning, and Planning Director's decision pertaining to any
finding shall be to the Village Council as an Appeal of an Administrative Decision.
(b) Accessory Uses in the Single Family and PS Parkside Residential District: See
Section 30-100.
(c) Accessory Uses in the Commercial District:
(1) the storage of supplies or merchandise that are associated with the Main
Permitted Use.
(2) the assembly of prefabricated products that are sold or used on the
premises..
(d) Accessory Uses in the GU Government Use District: See subsection (a) above.
(e) Accessory Uses in the HR Hotel Resort District:
(1) Retail uses sized to serve the needs of hotel guests.
(2) Bars, lounges, restaurants, lounges, and recreational facilities sized to serve the
needs of hotel guests and residents of the island.
(0 Accessory Uses in PUD Planned Unit Development Districts: private clubs
(membership to the private club may be open to the general public), restaurants, office, retail,
recreational facilities, and similar uses, provided such uses have no direct access to the exterior
of the building and no exterior signage.
(g) Accessory Uses in the Institutional District schools, cafeterias, chapels, meeting
rooms, day care facilities, and special events.
5.22
(h) Accessory Uses fi RM Multiple Family Districts: recreation facilities and private
clubs (provided they are for the exclusive use of residents and owners of the development and
their guests, and are not open for general membership), restaurants, office, retail and similar
uses, provided such uses have no direct access to the exterior of the building and no exterior
signage.
(i) Accessory Uses in the Office District: the storage of supplies that are associated
with the Main Permitted Use; retail uses directly serving the office uses they are associated with
on the first occupiable floor of the building only and not to exceed 50% of the first floor area,
exterior signage or exterior entrances directly into the retail uses prohibited.
(k) Accessory Uses in the PROS Public Recreation and Open Space District: See
subsection (a) above.
dinin
(1) Accessory Uses in the PC Private Club District:
club houses, marinas, dock masters office, social halls, meeting rooms,
rooms, card rooms, tennis courts, swimming . ols, restaurants, par ' _ facilities,
(1) Accessory Uses in districts not listed above: Review criteria listed in subsection
(a) above shall apply.
If a use is not listed above, it may be permitted if the Building, Zoning, and Planning Director
finds it is consistent with the criteria listed in subsection (a) above.
Sec. 30-112 Supplemental Use Regulations
(a) Alcoholic beverages: The Village shall use the Miami -Dade County Ordinance for
purposes of regulating the sale of alcoholic beverages; however, in no instance shall alcoholic
beverages be offered for sale for consumption on or off the premises within 500 ft of a place of
worship, a school or from a parcel immediately adjacent to a single family district. The distance
measurement shall be a straight line measured from the property line where the establishment is
located to the nearest point of the property line of the school or place of worship. No establishment,
except for Hotel room service, shall offer alcoholic beverages for consumption on or off the premises
between 2:00 a.m. and 7:00 a.m. on any day of the week. However, beer and wine may be sold, for
off premises consumption only, 24 hours. The Village Council may grant an extended hours license,
pursuant to the Conditional Use procedures set forth in Section 30-72, to allow an establishment to
5.23
offer alcoholic beverages for consumption on or off the premises as late as
evaluating such requests, the Village Council shall use the following criteria:
m. In
(1) the number of off-street parking spaces;
(2) the amount and degree of law enforcement activities; and
(3) the impact on adjacent properties in terms of noise and traffic.
The Village Council may require, as a condition of granting an extended hours license, conditions to
mitigate the adverse impacts that such establishments have on adjacent properties. The extended
hours license is personal to the applicant and shall not be transferred or assumed without the
approval of the Village Council pursuant to the Conditional Use procedures set forth in Section 30-
72. An extended hours license is automatically renewed unless it is suspended by the Village
Manager. Following the suspension, the Village Council shall hold a publichearing to determine it
should be re -instated or revoked. The Village Manager's decision to suspend the extended hours
license must be based on a determination that the Use is harmful to the health, safety, and welfare of
the Village. The Council shall determine whether there is competent and substantial evidence to
support the decision of the Village Manager using the process for an Appeal of an Administrative
Decision (See Section 30-70). Prior to a decision to suspend an extended hours license, the Police
Chief shall submit a report and recommendation to the Village Manager. The report shall provide
which address the criteria listed in subparagraphs 1-3 above.
The granting of an extended hours licenseis a privilege subject to revocation by the Village Council
at any time. As such, no person may reasonably rely on a continuation of the privilege.
Any holder of a current Miami -Dade County extended hours license may exchange that license for a
Key Biscayne license until June 30, 2000. Thereafter, a full application must be processed.
(b) Amusement Devices. Such as video games, pinball and similar mechanical devices,
as an accessory uses subject to the following regulations:
(1) Must be accessory to a hotel.
(2) All devices shall be located inside a wholly enclosed building and not visible from
any street.
(c) Bed and breakfast Inns. Subject to the following regulations:
(1) It is located in an existing single family building with a floor area not exceeding 2000
sq. ft. and built prior to the adoption of this ordinance;
(2) The owner of the bed and breakfast inn shall permanently reside in the building,
(3) The structure shall maintain public rooms (living room/dining room) for use of the
5.24
(4) "There . shall be no cooking facilities in guest rooms with the exception of a
microwave oven. One refrigerator with maximum capacity of 5 cu.ft. shall be
permitted in each guest room;
(5) Breakfast shall be the only meal served on the premises and shall only be served to
registered guests. No other meals shall be provided. The room rate shall be inclusive
of meal if it is to be made available;
(6) The entire building shall be substantially rehabilitated and conform to the South
Florida Building Code, the Code of the Village of Key Biscayne, and the Fire
Prevention and Life Safety Code on the date a Certificate of Use and Occupational
License are applied for;
(7) One non -illuminated building identification sign is permitted The sign shall not
exceed 1 sq. ft. and shall only be located on the building;
(8) The building shall have central air conditioning;
(9) The required off-street parking shall be the same as for a single family residence.
The Building, Zoning, and Planning Director may require additional parking only if
the single family character of the property is maintained with adequate landscaping
and open space. Tandem parking is allowed. The parking area shall have a hard
surface as required in Section 30-180 (f); and
(10) These regulations apply to those facilities which may be operating in the Village but
without any approval from the Village. These facilities are required to comply with
these regulations within 90 days from the date this ordinance is adopted These
regulations also apply to prospective facilities.
(d) Commercial and office uses adjacent to residential districts: A six (6) ft. perimeter
CBS wall shall be placed on any property line between any commercial or office district and an
adjacent Single Family district or the PS Parkside Residential District. A 3 ft. setback shall be
provided between the wall and sidewalk when present. This setback area shall be landscaped to
buffer the non-residential development from the residential development. In addition, the Building,
Zoning, and Planning Director may require additional street trees planted in the right of way for
purposes of creating a buffer.
(e) Communication towers: It is the intent of the Village to regulate the installation of
communication towers so as to limit possible adverse economic, aesthetic, and safety impacts from
such installations, and thereby promote the health, safety, and general welfare of the community.
Consistent with this intention, communication towers are permitted as follows:
(1) Monopole towers are only permitted in RM-30 High Density Multiple Family
5.25
District, HR Hotel Resort District, the PUD Planned Unit Development Districts, and
the GU Government Use District subject to approval by the Village Council pursuant
to the Conditional Use procedures set forth in Section 30-72. The tower(s) shall only
be mounted in a location or have screening that prevents them from being seen from
a public right of way. The finish on the towers shall blend into the sky and the color
of the building;
(2) The specific location which is proposed for the tower must be necessary to provide
service to a particular geographical arm,
(3) The tower may not adversely affect the existing character of the surrounding area;
and,
(4) Approval of the tower will not be detrimental or injurious to the health, safety, and
general welfare of persons working or residing within the vicinity of the site.
(f) Community residential facilities:.
(1) Single Family and PS Parkside Residential Districts:
a. Total number of residents and/or day users shall not exceed six (6);
b. That the applicant must obtain a license from the State regulatory agency
responsible for the regulation of such uses;
c. A Certificate of Use and an Occupational License shall be required. No such
certificates shall be' issued unless the Fire Department approves the issuance
of said certificates; and
d. The care provided at the facility limited to personal care, shelter, sustenance,
and other support services. Residents and day clients shall be ambulatory.
(2) Where permitted in other zoning districts, these facilities shall be considered subject
to the Conditional Use procedures set forth in Section 30-72 and restricted to those
districts which list such Use as a Conditional Use subject to the following
reshictions:
a. Restrictions as set forth in subsections b -d above;
b. Site Plan Review approval as set forth in Section 30-80; and
c. Density shall not exceed 16 units per acre. If the Community Residential
Facility is located on property that contains several other Uses, then only the
area that is directly associated with the Facility shall be used to determine
density. For density purposes, two beds equals one unit, regardless of the
5.26
number of sleeping rooms.
Day Care Facilities:
Single Family and PS Parkside Residential Districts:
a. Total number of children on the premises at any given time, including those
who reside in the residence, shall not exceed five (5);
That the age of children, excluding those of the resident family, shall not
exceed eleven (11) years of age;
c. That the applicant obtain a license from the State regulatory agency
responsible for the regulation of such uses; and
A Certificate of Use, a Certificate of Occupancy, and an Occupational
License shall be required. No such certificates shall be issued unless the Fire
Department approves the issuance of said certificates.
(2) Commercial, Institutional, Hotel Resort, and Planned Unit Development Districts:
Day care facilities are permitted in these districts subject to subsections (gX1)(c-d)
above as either Main Permitted Uses or Accessory Uses. Day Care Facilities are not
permitted in any other districts.
If a swimming pool is on the site refer to (o)(6) above for fence requirements.
These regulations apply to those facilities that may be operating in the Village but
without any approval from the Village. These facilities are required to comply with
these regulations within 90 days from the date this ordinance is adopted. These
regulations also apply to prospective facilities.
5.27
(h) Height Exemptions: The height regulations as set forth in the zoning districts, shall
not app y to the following
(1)
Airplanebeacons
(13)
Monuments
(2)
Belfries
(14)
Ornamental towers and spires
(3)
Communication
Towers
(15)
Stacks
(4)
Chimneys
(16)
Steeples and domes
(5)
Church spires
(17)
Smoke stacks
(6)
Conveyors
(18)
Tanks
0)
Cooling towers
(19)
Roofs ( see subparagraph d: below)
(8)
Cupolas
(20)
Satellite dishes (see subparagraph Q) below)
(9)
Elevator bulkheads
(21)
Television antenna
(10)
Fire towers
(22)
Towers, decorative
(11)
Flag poles
(23)
Water towers
(12)
Lofts
(24)
Any other structure that is similar to those listed
above.
The above listed exemptions are allowed, provided the following criteria are met
a. The maximum height allowed in the district shall not be exceeded by more
than 35%, except for the height of roofs, which shall be pursuant to
subparagraph (4) below. The maximum floor area of any of the rooftop
structures listed above is limited to 10% of the roof area of the entire
building. Equipment shall be screened in a manner that prevents it from
being seen from the skeet. The Building, Zoning, and Planning Director may
require a line of sight study in order to make this determination.
b. Parapet walls may exceed the permissible height limit provided that they
shall not extend more than 5 feet above the flat portion of the building roof
upon which they are constructed.
c. Notwithstanding other provisions of these regulations, the height of all
structures shall be limited by the requirements of the 'Federal Aviation
Administration and any airport regulations applicable to the structure.
d. Principle building roofs shall comply with the following requirements:
5.28
1.
Hip roofs shall be symmetrically pitched between 4:12 and 8:12
ratios.
ii. Gable end roofs shall be symmetrically pitched between 6:12 and
12:12 ratios. Profile molded gables may be pitched to a 4:12
minimum ratio.
iv.
Flat roofs shall have a minimum parapet height of one (1) ft.
Shed roofs shall have a minimum pitch of 3:12 ratio.
Roof overhang. No portion of a roof including the gutter, shall be
permitted to extend more than 5 ft. from the exterior wall of a
building and not closer than 3.5 ft. from an interior side property line
or 2.5 ft from any wall facing a street.
vi. When a scupper drainage system is used, the scupper shall have a
minimum 7.5 ft setback from any lot line.
(i) Home'` Occupations in Single Family, RM Multiple Family Districts, and PUT)
Planned Unit Development Districts: are permitted subject to the following;_
(1) Signage is prohibited;
(2) No customer may be served in the home;
(3) Employees in the business are limited to full time residents of the dwelling unit, and
(4) The business requires a Village Occupational License.
(j) Outdoor Dining Regulations. Tables and chairs may be placed outside of a restaurant
on private property that is located on individual sites or within shopping centers. The tables and
chairs may be used for dining purposes as an accessory to an indoor restaurant facility, subject to
compliance with the following criteria:
(1)
Tables and chairs shall not be placed in a manner that iestiicts direct pedestrian
access along a 44 inch wide pathway from the entrance of a shopping, center to a
elevator or steps. Tables and chairs shall not be placed in a manner that violates The
Americans with Disabilities Act ("ADA");
(2) Furniture is limited to tables, chairs, and umbrellas;
(3) Signage is prohibited on outdoor furniture;
(4) The applicant shall submit evidence that the owner of the shopping center permits
5.29
Outdoor Dining Facilities on the premises;
(5) Furniture which is composed of PVC, plastic, fiberglass, Formica, or similar
materials is prohibited;
(6) An Outdoor Dining Facility shall not required additional parking;
(7) The Building, Zoning, and Planning Director may establish conditions as part of the
approved site plan. An appeal of the Director's decision shall be decided by the
Village Council;
(8) There shall be no outdoor music or amplification associated with the Outdoor Dining
Facilities;
(9) Tables and chairs that are not permanently attached to the floor shall be stored inside
the restaurant providing such service, when the restaurant is closed:
(10) Tables and chairs at each restaurant shall have a consistent design and color;
(11) Tables and chairs shall be located directly itt front of the restaurant unit served;
(12) The restaurant providing such Outdoor Dining Facility shall provide bathroom
facilities in accordance with the South Florida building Code;
(13) Restaurants shall have any disposable tableware and accessories marked with its
Trademark or indicia of ownership and shall be responsible for all litter within a 300 -
foot radius;
(14) All food preparation shall be from within the enclosed restaurant;
(15) Pass -through windows, take-out windows, or similar types of windows are not
permitted; and
(16) A site plan, accompanied by all pertinent data, shall be submitted to and approved by
the Village's Building, Zoning and Planning Department, Fire Department, and
Police Department. Such site plan shall be revocable at the will of the Village if any
of the criteria or conditions of approval are violated or if new regulations are adopted
by the Village and not satisfied by the restaurant facility. Site plans shall describe the
location of all furniture, lighting, and other related services and functions associated
with the request for approval
(k) Room additions to residential structures and conversions of garages or carports to
living space are permitted subject to the following:
(1)
Conversion of detached or attached garages, carports or other accessory structures for
5.30
the purpose of creating living space shall be permitted only if the newly created
living space is consistent with FEMA requirements.
(2) If the required off -sheet parking is deleted or rendered unusable by a conversion or
addition, it shall be replaced in a manner consistent with Article 7.
(3) If the Building, Zoning, and Planning Director determines that the plans indicate that
future conversion may result in additional dwelling units not in compliance with
these Zoning and Land Development Regulations, the Director may deny the plans
outright, or may approve the plans with a requirement that the property owner file in
the public records of Miami -Dade County, a deed restriction in a form acceptable to
the Village Attorney, acknowledging the specific limitation as to the number of
lawful dwelling units and declaring an intent to comply with such limitations, as well
as advising any successor in interest of such binding limitations.
(4) For purposes of this subsection, the floor space shall not
a. be used as a separate dwelling unit;
b. have separate cooking facilities; but
(5)
c. may have a separate entrance so long as it (entrance) does not face a street.
If a garage or carport is converted to living space, all exterior work shall have the
same architectural style as the main residence.
(1) Satellite dish antennas in Single Family and the PS Parkside Residential districts shall
not have a diameter that exceeds one meter. Antennas or dishes larger than one meter in the other
districts shall comply with the following requirements and may only be approved by the Village
Council subject to the Conditional Use procedures:
(1) Dishes shall be placed in a location to minimize its view from any public street. The
height shall not exceed 18 ft measured from the elevation of the roof to the highest
point of the dish at its maximum vertical extension. The Building, Zoning, and
Planning Director may place conditions on the location and require screening to
achieve this objective. Appeal of a Building, Zoning, and Planning Director's
decision is to the Village Council as an Appeal of Administrative Decision;
(2) No part of the antenna shall be within 15 fl, of a rear, or interior side property line or
within the waterfront view corridor (See Section 30-100). It is not permitted within
the front yard, a yard facing a street;
(3)
The dish shall employ, to the maximum extent possible, materials and colors that
blend with the surroundings;
5.31
(4) Poles shall be constructed in a manner that will not retain water (i.e. weep hoes or
filled with concrete); and
The dish shall be sited in a manner that prevents them from being seen from the
street. In order to make this determination, a line of site study shall be submitted to
the Building, Zoning, and Planning Director.
(5)
(m) Suites hotel or suite hotel units: When a hotel unit contains cooking facilities it sha11
be considered as a suite hotel unit and shall conform with the following:
(1)
The units shall only be permitted in new construction or in. buildings which have
been substantially rehabilitated or where the suites hotel units are part of a request for
a Building Permit that will result in the building being substantially rehabilitated.
(2) Cooking facilities shall be limited to one microwave oven. The unit is further limited
to one five (5) cubic ft refrigerator.
(3) The building shall contain a registration desk and a lobby,
(4) The building shall have central air conditioning or flush mounted wall units;
(5) Except for units on the ground floor, the building shall not have unenclosed exterior
walkways that provide access to the units; and
(6) If a door is provided to a hallway or as a means of exit and entrance into the unit
flout the exterior of a building, then it is considered as a separate unit for purposes of
calculating density.
(n) Vending machines: Permitted as an accessory use if the machine(s) is located inside
a building at least 10 ft. from a window that faces a street or in a courtyard when the machine(s)
cannot be seen from a street
5.32
Section 30-113. Prohibited Uses.
(a) My type of Adult Entertainment Establishment.
(b) Any use that involves the sale of second hand merchandise, except the resale of
antique furniture that is at least 50 yrs old and the resale of jewelry, art, or furs is permitted.
Those uses which have merchandise that is at least 50 yrs. old may offer for sale other second
hand merchandise if the inventory of said merchandise occupies less than 25% of the floor
space occupied by the entire use.
(c) Outdoor sale of any merchandise except outdoor and sidewalk cafes as'
permitted in Section 30-111.
(d) Psychic Help Uses.
(e) Video arcade, pinball and similar mechanical and/or electrical game machines as a
Main Permitted Use.
(f) The overnight outdoor s . . i : or sto of an vehicle with si a , . • - indicatin
commercial business
(g) Any other use that the Building Zoning, and Planning Director has determined to be
inconsistent with the Master Plan or the district in which such use is intended to be located.
An appeal of the Director's decision shall be considered as an appeal of an administrative
decision. Such appeals shall follow the procedures set forth in Section 30-70 "Appeals of
Administrative Decisions".
(h) Drive through facilities, except when associated with a bank.
5.33
ARTICLE VLCONCURRENCY MANAGEMENT
Sec. 30-160. Purpose.
The purpose of this article is to ensure that the infrastructure necessary to serve new
development is available concurrently with the impacts of that new development. Impact is
measured against the adopted minimum acceptable levels of service with respect to: (a) roads, (b)
sanitary sewer, (c) solid waste, (d) drainage, (e) potable water and (f) parks and open space.
Sec. 30-161. Application for Concurrency Determination.
(a) Concurrency application. All building permit applications shall also be treated as
applications for a concurrency determination under this article.
(b) In the course of reviewing the application, the Building, Zoning, and Planning
Director or designee, shall determine the following.
(1)
whether the necessary facilities are in place and the Village's level of service
standards are met at the time that a development permit is issued, or that such permit
will be conditioned upon the necessary facilities being in place and the level of
service standards being met prior to the issuance of a certificate of occupancy, or
(2) whether the necessary facilities are under construction at the time a permit is issued
or that there is a binding contract for the construction of such facilities at the time of
permit issuance; or
(3)
whether the necessary facilities are included in the Village's approved annual budget
at the time of permit issuance; or
(4) whether the development has vested rights determined pursuant to the provisions of
this article.
Sec. 30-162. Determination of Vested Rights.
(a) The following procedures are established for the request for a determination of
vested rights as to the need to meet the concurrency requirements of this article.
(1)
A request for exemption from the concurrency requirements of this article based
upon vested rights shall be submitted to the Village Council in a form provided by
the Department. The request shall be accompanied by copies of any contracts, letters,
appraisals, reports or other documents or items upon which the claim is based
(2) The following criteria shall be used in connection with a request for determination of
vested rights:
6.1
a. Is there a valid, unexpired act of the Village that authorized development and
have expenditures or obligations been made or incurred in reliance thereon?
b. Has the property owner dedicated right-of-way and/or constructed and/or
funded roadway improvements directly related to the development for which
the claim of vested rights is requested?
c. Has the property owner made on -site infrastructure improvements (e.g., water
or sewer systems) directly related to the development for which the claim of
vested rights is requested?
(b) The Village Council shall determine whether the project has vested rights.. The
Village Council or Manager may require the submission of additional information that will assist in
the determination of concurrency.
See. 30-163. Level of Service Standards.
For the purpose of concurrency determinations, the Village has adopted a Master Plan that
provides the Level of Service Standards (LOS) for public facilities and services: roads, sanitary
sewer, solid waste, drainage, potable water, and parks and recreation. All developments that are
subject to a finding of Concurrency must be consistent with these standards.
Sec. 30-164. Exemptions.
(a) Exemptions. The following shall be exempt from the provisions of this article:
(1) construction, rehabilitation or expansion of a single-family dwelling or two-family
dwelling on one parcel;
(2) permits for accessory structures to existing residential structures;
(3) maintenance, renewal, improvement or alteration of any structure where the work
affects only the interior or color of the structure or the decoration of the exterior of
the structure;
(4) change in the use of land or structures to another use permitted within the same
zoning district that is consistent with the Master Plan, and within the same group
occupancy categories as defined by the South Florida Building Code, only if there is
no expansion of the structure; and
(5)
any development order consistent with an approved Development of Regional Impact
(DRI) pursuant to Florida Statutes.
Sec. 30-165. Failure to establish concurrency.
6.2
No building permit shall be issued unless:
(a) The Building, Zoning, and Planning Director or designee determines, pursuant to
Section 30-161, that all LOS have been met;
(b)
162; or
(c)
The Village Council has made a vested rights determination pursuant to Section 30 -
The development is subject to one of the exemptions listed in Section 30-164.
Sec. 30-166. AppeaL
An appeal of any determination made with regard to this Article shall be considered as an Appeal of
an Administrative Decision:
Secs. 30-166 — Sec. 30-179. Reserved
6.3
ARTICLE VII. OFF STREET PARKING AND LOADING
Sec. 30-180. Off-street Parking Required.
(a) Every building use or structure instituted or erected after January 1, 2000, shall
be provided with off-stieel parking facilities in accordance with the provisions of this article for
the use of occupants, employees, visitors and/or patrons.
(b) Off-street parking facilities required by this article shall be maintained and
continued as long as the use giving rise to the requirement is continued.
(c) The sale or transfer of the required parking spaces without establishing
alternative vehicle parking facilities in accordance with this article is prohibited.
Sec. 30.181. Location, Character and Size of Required Parking Spaces:
(a) The off-street parking facilities required by this article shall be located on the
same lot or parcel of land that the use they are intended to serve is on.
(b) Parking Stall and Aisle Dimensions:
Orientation to aisle
45 Degrees
60 Degrees
75 Degrees
90 Degrees
Stall width
I2'
10'
9'
9'
Stall length
26.5'
23'
20'
18'
Aisle width
12'
17
21'
22'
Bumper overhang
1.8'
2.2'
2.4'
2.5'
(c) Access to a street Each individual parking space shall be directly accessible
from a street or from an aisle or driveway leading to a street according to the minimum
dimensions specified subparagraph (b) above; however, single-family homes, duplexes and
townhomes may have tandem spaces
(d) Striping. The required off-street parking facilities for all development,
excluding single family and duplex, shall be painted with paint strips in accordance with the
Building, Zoning and Planning Director's requirements.
(e) Parking lot aisles in lots that contain 50 or spacesmore shall be numbered
Aisles in lots that exist prior to the effective date of this ordinance shall i be numbered when the
parking lot is resealed.
(f) Surface Material. All off-street parking facilities including access aisles,
driveways, aprons on the right of way (from the driveway to the street) shall be surfaced with a
bard dust free material (such as asphalt, brick paver, poured or stamped concrete or other
similar material) and maintained m a smooth well -ceded condition. There shall be an
exception to this requirement allowed for to 50% of the required pares for churches and
other places of worship. -
7.1
(g) Drainage for all off-street parking facilities shall meet the requirements of by the
Metropolitan Miami Dade County Planning, Development, and Regulation Landscape Manual.
(h) Lighting shall be arranged and designed to prevent glare or excessive light on
adjacent property and shall not exceed 0.5 footcandles.
(i) A site plan shall be submitted with every application for a building permit for
any use or structure which is required to provide off-street parking facilities. The site plan shall
designate the required parking spaces, access aisles, driveways and the relation to uses or
structures which the off- street parking facilities are intended to serve.
(j) The minimum required width of parking spaces which are adjacent to a wall or
other solid obstruction shall be 10.5 ft.
(k) Maximum ramp angles for driveway access to above grade and/or below grade
parking structures shall be subject to approval by the Chief Building Official.
(I) All parking spaces shall have concrete car stops (6 ft. long) or curbing, except
for tandem spaces and parking spaces in single family and duplex.
(m) Head-In/Back-Out Parking. Parking stalls shall not have direct access from or
to a public sheet or public alley; provided, however, vehicular parking stalls may have direct
access from and to a public street when serving a one -family residence, duplex, or townhome.
(n) Curb Cut& All curb cuts shall conform to the design and construction standards
required by the Public Works Supervisor.
(o) Handicap Parking Spaces. These spaces may be counted towards the required
parking calculation and designed m accordance with the Americans with Disabilities Act, as
amended.
(p) Tandem Parking Spaces. Single familyhomes, duplexes, and townhomes may
have required parking spaces where vehicles are parked in front or m back of each other as long
as one vehicle has direct access to a street.
(q) Setback for Parking Garages in Single Family Homes. A 20 ft. setback from the
garage door to a property line.
Set. 30-182. Joint Use of Parking Facilities.
Parking facilities may be utilized by two or more buildings or uses provided that:
(a) The total of such shared parking spaces shall not be less than the sum of the
requirements of the several individual uses when computed separately.
(b) A covenant running with the land shall be prepared for the purpose of insuring
that the required parking is provided and available at all times. The Unity of Title shall be
executed by the owners of the properties concerned, approved as to form by the Village
7.2
Attorney, recorded in the public records of Miami-dade County as a covenant running with the
land and shall be filed with the Building, Zoning, and Planning Department and attached to
plans or permit applications that are filed with the Village.
(c) No part of an off-street parking area required for a building or use shall be
included as part of an off-street parking area similarly required for another building or use
unless as set forth in subparagraph (b) above.
(d) Nothing in this article shall prevent two or more properties temporarily sharing
their parking spaces if each has the required number of parking spaces.
Sec. 30-183. Calculation of Required Off -Street Parking Spaces.
(a) Non -specified uses. The requirements for off -sheet parking for any use not
specifically mentioned in Sec. 30-184 shall be the same as provided m this article for the use
most similar to the one sought as determined by the Building, Zoning, and Planning Director.
Fractional measurements. Shall be calculated to the nearest whole number. A
fraction o)f 1/2 shall be rounded to the highest wholenumber unless otherwise specified in
Section 30-184.
(c) Mixed uses. The total requirements for off-street parking shall be the sum of the
requirement of the various uses computed separately, except w ere specific requirements are
stipulated in this article. Off-street parking spaces for one use shall not be considered as
providing the required off-street parking for any other use.
(d) Additions to existing structures shall provide the number of parking spaces as
required in this article for similar new construction.
Sec 30-184. Amount of Required Off -Street Parking.
(a) The required off-street parking spaces shall be provided and maintained on the
basis of the minimum requirements listed in this Article.
Use
Required Number of
Spaces
Special Conditions
Additional Required Spaces
(1)
Apartment Building
1.75 per unit
Developments with more than 10 units then 1
additional per 5 units, marked as guest parking
(2)
Cabana Clubs
0:5 per cabana
(3)
Churches and other
places ofworship
See Special Conditions
1 per 60 sq. ft. of#loor area available for seating and per
4 fixed seats. Parking only requhred for main sanctuary
or largest meeting room whichever is greater.
7.3
Use
Required Number of
Spaces
Special Conditions
Additional Required Spaces
(4)
Community
Residential Facility
• 1 space per live in
employee plus spaces listed
in special conditions
l space for every 5 residents or any fraction thereof
(5)
Duplex
4 spaces
If in a development with> 5 units, then 1 additional per
5 units, marked guest parking
(6)
Hotel or motel
1 per unit
Arn sory uses 65% ofrequirement ifcalcnlated as a
main permitted use
(7)
Life Care Faclity or
similar use with beds
` l per 10 beds
Minimum of2 for facility
(8)
Marina or marine
dockage
1per3wetslips
Dry dock storage: 1 per 10 dry slips
(9)
Nightclub and/or
bar
1 per 60 sq. ft. of floor area
available for seating
(10)
Offices
1 per 300 sq. ft.
Medical offices 1 per 250 sq. ft.
(11)
Personal Service
Uses
1 per 250 sq. fl.
(12)
Places of assembly
such as auditoriums,
movie theater
convention hafts,
meeting MOMS, ext. l
See Special Conditions
1 per 4 fixed seats or 1 per 60 sq. ft. of floor area
available for sparing, whichever is applicable. If there is
fixed seating and areas available for seating, the parking
calculation is cumulative. Plus one for each theater and
per eachmovie booth
(13)
Private dubs
See Special Conditions
1 per 60 sq. ft. offloor area available for seating and 1
per 4 fixed seats
(14)
Restaurant
1 per 4 fixed seats or 1 per
60 sq. ft. of floor area
available for seating
There shall bend parking requirement for a sidewalk or
outdoors so long as such seating does not exceed
25% of the total seating
(15)
Restaurant take out
,1 per 150 sq, ft.
Only applies when take out restaurant is primary use
(16)
Retail
1 per 250 sq. ft.
(17)
Service Station
1 per 250 sq. ft of retail or
office area
1 spare per repair bay
1 space marked "reserved"
(18)
Schools, public or
private
See Special conditions
As established by State agency, private to use same
standards
(19)
Schools, Business
Commercial, adult or
trade
1 per 4 fixed seats and 1
space per 60 sq. ft. area
available for seating
1 per class room
(20)
Shopping Center
1 per 220 sq. ft
No differentiation by Use. If movie theater, see
7.4
Use
Required Number of
Spaces
Special Conditions
Additional Required Spaces
requirements for places ofassembly.
(21) Single Family
Residence
2perUnit
If a development has more than 5 units, then 1
additional space per 5 units, marked guest.
(22) Townhome
(23) Village Civic Center
As required by the Master
Plan and associated parking
study approved by the
Village Council
(24) Warehouse
including selfstorage
cubicles
1 per 2000 sq. ft.
Storage space as accessory use — I space per 2000 sq.
&.
(b)
(1)
Off -Street loading spaces; general provisions.
Off-street loading spaces, when required, shall be provided on the same lot as
the main permitted use. These spaces are not counted towards the required
parking spaces as established in subparagraph (a) above.
For the purposes of this article, an off-street loading space shall be an area at
least 10 feet wide by 25 feet long with 14 feet vertical clearance. Farh loading
space shall be directly accessible from a street or alley without crossing or
entering any other required off-street loading space, and arranged for convenient
and safe ingress and egress by motor truck and/or trailer combination. Such
loading space shall also be accessible from the interior of any building it is
intended to serve.
Off-street loading facilities that serve one use shall not be considered as meeting
off-street loading requirements of any other use.
Plans for Uses requiring off-street loading facilities under the provisions of this
article shall clearly indicate the location, dimensions, clearance and access of all
such required off-street loading facilities.
The Location of loading spaces shall be illustrated on submitted plans within
close proximity to the building entrance in a manner that does not restrict the
free movement of traffic during their utilization.
Off-street loading spaces shall be provided as follows:
Non-residential Uses:
7.5'
a No requirements for buildings that contain less than 5,000 sq.ft.
b. one (1) space for buildings that contain 5,000 < 10,000 sq. ft. of floor
area
Buildings with a floor area between 10,000 sq. ft: and < 50,000 sq. ft
shall provide two (2) spaces.
One space shall be provided for every additional 50,000 sq. ft. above the
first 50,000.
(2) Multiple Family or Apt/Hotel Bldg: one space for every 50 units; however, there
shall be no 10. • ing space requirements for developments that have less than 10 units.
(3) Places of assembly: 20,000-40,000 sq.ft.- 1 space + 1 space for each 60,000 sq. ft
over 40,000 sq. ft or major fraction
Secs. 30-185 — Sec. 30489. Reserved
7.6
ARTICLE VIII. SIGNS
Sec.30-190. Purpose.
The purpose of this Article is to promote and protect the public health, safety and
general welfare of the Village of Key Biscayne by regulating existing and proposed signs and
other street graphics within the Village. In particular, these regulations are intended to preserve
the unique aesthetic character of the Village and ensure that signs are compatible with their
surroundings. It is further intended to protect property values, create a better business climate,
enhance the physical appearance of the community, preserve the natural beauty of the Village
and improve vehicular and pedestrian safety and reduce visual pollution.
Sec. 30-191. Prohibited Signs.
The following are prohibited in the Village:
(a) Abandoned Signs.
(b) Animated Signs.
(c) Balloon Signs.
(d) Box Wall Signs.
(e) Buntings.
(f) Bus Bench Signs.
(g) Flags other than one United States flag and one other noncommercial flag
together on a pole not to exceed 20 feet in height one pole each permitted per building.
(h) Neon Signs (other than Reverse Channel and Wall Signs where permitted) and
neon budding trim.
(i) Off -premise Signs/Billboards.
(j) Pole Signs
(k) Portable Signs.
(1) Projecting Signs, except Canopy Signs.
(m) Roof Signs,
(n) Snipe Signs.
(o) Swinging Signs.
(p) All Signs except those placed by governmental agencies located on public
property.
(q) Any Sign on a utility pole except for the purpose of utility identification.
(r) Any Sign that could be confused with a traffic signal or traffic sign.
8.1
(s) Any Sign that in the opinion of the Village Manager constitutes a safety hazard
(t) Any private Sign extending over a public right-of-way.
Sec. 30-192. Required Signs.
The following Signs shall be placed where relevant by a property owner.
(a) Safety Signs: Fire safety markings as may be prescribed by fire authorities.
(b) House numbers:
(1) Residential building with four dwelling units or less — address numerals at least
four inches high but not greater than ten inches.
(2) Residential building with more than four dwelling units and nonresidential
buildings - address numerals at least ten inches high.
(c) Handicapped parking and access signs: In accordance with state handicapped
parking and Federal Disabilities Act access requirements.
Sec. 30-193. Signs not requiring a permit.
The following Signs do not require a permit.
(a)
A Government Instructional Sign.
(b) Temporary holiday decorations, provided they carry no advertising matter, and
further provided that they are not in place more than seven days prior to a holiday and- are
removed within seven days after the holiday ends. The time limitations contained in this
paragraph shall not apply during the period November 1 through January 15 each year.
(c) Temporary signs for special events by nonprofit entities, subject to approval by
the Village Manager.
(d) No -trespassing and no -dumping Signs not to exceed one and one-half square
feet in area per sign and not to exceed four per lot, except that special permission may be
obtained from the Village Manager for additional Signs under proven special circumstances.
(e) Certain temporary Signs as specified in section 28-8 hereof.
Sec. 30-194. Residential District Permanent Signs.
The following Signs are authorized in all residential districts and residential -office
districts:
(a) Development Identification Sign: Permitted only for (a) multifamily buildings
with over five units; (b) single-family developments with over five units; (c) religious
institutions, schools and public uses. Where multifamily dwellings are part of a larger
development, there shall be only one such Sign on each public or private street frontage on
which the development faces. Prior to the issuance of a permit, the owner shall covenant that
such Sign shall be continually and properly maintained.
Number (maximum) 1 Monument Sign (or Sign mounted on
perimeter wall) per street frontage, except 2 are
8.2
Area (maximum)
Sign Height (maximum)
Sign Width (maximum)
Setback (minimum)
Illumination
Changeable Copy Sign
(h) Instructionalsign:lll
Number
Area (maximum)
Sign Height (maximum)
Other restrictions
permitted where attached to wall of
symmetrical entrance feature. A parcel that has
a minimum of 300 feet of street/building
frontage and is served by two or more access
points may have one additional sign.
24 sq. ft.
4 ft.
8ft.
5 ft. from right of way, 15 ft. from side property
line
Externally or internally Illuminated Signs only
Signs for religious institutions only
To be approved as part of site plan
4 sq. ft.
2ft.
No advertising copy or logos
(1) Sign permit not required but number and location must be approved as part of
site plan.
Sec. 30-195. Nonresidential District Signs.
The following Signs are authorized in all nonresidential districts in the Village:
8.3
(a) Monument Sign or V -Sign (Village Council approval required):
Number (maximum)
Area (maximum)
Sign Height (maximum)
Sign Width (maximum)
Setback (minimum):
From right -of --way line
From side property line
Illumination
1 per parcel; A parcel that has a minimum of
300 feet of street frontage and is served by two
or mpre access points may have one additional
sign
24 sq. ft, except for gasoline station parcels
where a 32 square foot sign shall be permitted
4ft.
8 f€.
5 ft.
20 ft:
Externally or internally
Illuminated Sign only
Supplemental provisions:
Time and Temperature Sign authorized
within total permitted Sign area
Landscaping and visibility sight triangle See section 30-197(g)
on corner of lot
retail use •
Wall Sign (permitted only on buildings where the majority of the floor area is in
Type
Number (maximum)
Area (maximum)
Illumination
Supplemental provisions: See section
30-197(d) for gas station provisions
Reverse Channel Wall Sign only
1 per ground or second floor establishment
which has its qwn frontage and entrance facing
a public street or courtyard/parking court
L5 sq. if for each 1 lineal ft. of Building
Frontage
See definition of Reverse Channel Wall Sign
8.4
(c) Canopy Sign:
Number (maximum)
Area (maximum)
Minimum clearance aboveground
Supplemental provisions:
Must be attached in accordance
with the provisions of the South
Florida Building Code, as may be
amended from time to time.
(d) Awning Sign:
Number
Lettering
Logo
(e) Directory Sign:
Number (maximum)
Area (maximum)
Location
Illumination
1 per establishment
4sq.ft.
8ft.
1 per establishment
1 line; letters not to exceed 9 in. in height
Maximum o6 sq. ft.
1 per entrance into a Multitenant building, in
addition to other permitted Signs
32 sq. ft.
On building wall (or freestanding within
internal courtyard)
Externally or Internally Illuminated Signs
8.5
(f) Window Sign {permanent):
Number (maximum)
Area (maximum)
Supplemental Provisions:
Instructional sigipge not exceeding 2
sq. ft. in area affixed to or installed on
windows or doors shall not be counted
toward the overall window signage
square footage.
Any graphic or attention getting device
that is located three or more feet above
the finish floor, that exceeds 16 sq.
inches in area and is less than three feet
from a window shall be considered a
window sign.
4 per establishment
8 sq. ft.
(g) Instructional Sign:
Number To be approved as part of site plan
Area (maximum) 4 sq. ft.
Height (maximum) 2 ft.
Other restrictions No advertising copy
(1) Subdivisionof an existing building or planned building group shall not entitle
the new parcels to additional Monument Signs.
(2) In the case of a Multitenant Center, Wall Signs are permitted on walls that
face an access drive or internal courtyard.
(3) If the Building Frontage requirement for a Monument Sign precludes an
office building from having a Monument Sign, one building identification Wall Sign that
otherwise meets the Wall Sign standards is authorizM-
Sec. 30-196. Temporary Signs.
The following Temporary Signs are authorized in the Village:
8.6
(a)
required):
Grand opening or seasonal Banner Sign (permit from Village Manager
Number (maximum)
Area (maximum)
Sign Ht. (maximum)
Length of display
Frequency
(b)
Real Estate Signs:
Number (maximum)
Residential
District
1 per project
20sq. ft.
4ft.
14 days
1 per year
Residential
District
2 per lot
Area (maximum) 40 sq. in. each
Sign Ht. (maximum) 4 ft.
Setback (minimum) 5
(c) Construction Sign:
Number (maximum)
Area (maximum)
Sign Ht. (maximum)
Setback (minimum)
Length of display
Residential
District
1 per lot
4sq. ft.
4ft.
5 ft.
Nonresidential
District
1 per establishment
20sq. ft.
4ft.
14 days
1 per year
Nonresidential
District
1 per lot
4 sq. ft.
4 ft.
5 ft.
Nonresidential
District
1 per lot
4 sq. ft.
4ft.
5 ft.
During remodeling or During remodeling or
constriction construction
8.7
(d) Model Sign:
Area (maximum)
Sign Ht. (maximum)
Model arrow
Location
Signs
Flags
Time limit
Residential
District
1 per model unit
1 per apartment building, and
1 per office and/or retail
building
4 sq. ft.
4 ft.
3 per development
Model Signs or arrows
directing traffic to models are
prohibited on the median and
rights -of -way along Crandon
Boulevard
Not to exceed 2 sq. ft. each
Not permitted
Until certificate of
completion/occupancy is
issued for last house or unit in
development
(e) Window Sign or Menu Board temporary:
Residential
District
Area (maximum) Not permitted
Time limit
Size
Supplemental Provisions:
Temporary signs for special
events by nonprofit entities.
that are in place no earlier than
14 days pnor to the event and
are removed no later than 7
days after the event shall not
be considered window signs
for purposes of calculating
maximum area.
8.8
Nonresidential
Distnet
(Not applicable)
Nonresidential
District
35% of window area up to a
maximum of 12 sq. ft.
30 days
Menu boards shall not exceed
8 1/2 inches x 11 inches
ORDINANCE NO. 2000 - 6
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED
BY THE LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR REZONING OF ALL PROPERTY IN THE
VILLAGE OF KEY BISCAYNE IN CONFORMANCE WITH
THE ZONING DESIGNATIONS CONTAINED ON THE
ZONING MAP; PROVIDING FOR INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the Village's Land Development Regulations require the preparation of an
official zoning map to implement the Land Development Regulations; and
WHEREAS, the Village has held numerous Workshop Meetings and obtained extensive
input and participation by the public through these meetings; and
WHEREAS, a new zoning map has been prepared by the Director of Building, Zoning and
Planning for the proper preservation of the public peace, health, safety, and welfare of the Village;
and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has held a public
hearing upon the Zoning Map and has recommended adoption of the Zoning Map to the Village
Council; and
WHEREAS, the Village Council has held public hearings upon the adoption of the Land
Development Regulations pursuant to this Ordinance; and
WHEREAS, in accordance with the Village's procedures and Section 166.041, Fla. Stat.,
public notice has been given of the public hearings for the proposed passage of this Ordinance
adopting the Zoning Map as required by the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
incorporated herein.
Section 2. Adoption of Zoning Map. That the Zoning Map attached as Exhibit "A" is
adopted as the official zoning map of the Village of Key Biscayne, and that alI property within the
Village is hereby rezoned in accordance with the Zoning Map.
Section 3. Repeal of Zoning Map and Designations. That the Zoning Map that was
adopted by the Village Charter (the Miami -Dade County Zoning Map), along with any amendments
thereto, is hereby repealed and replaced as of the effective date of this Ordinance.
Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are
hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance
or the Land Development Regulations, and the Land Development Regulations shall replace the
provisions of the Miami -Dade County Zoning Code to the fullest extent allowed by law. However,
the repeal of ordinances and the replacement of the Miami -Dade County Zoning Code shall not
affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or
right established or accruing before the effective date of this ordinance.
Section 5. Effective Date. That this ordinance shall be in full force and effect on the date
of passage and adoption.
PASSED AND ADOPTED on first reading this 22nd day of February 2000.
PASSED AND ADOPTED on second reading this 9th day of May , 2000.
AT
CHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGALITY
RIC JAY WEISS, VILLAGE ATTORNEY
C:4My Downents\WordDara\1Wshp&g\Key Biscayne Zoning CMeXAdopting Zoning Map.doc127/007:22 AM
MAYOR JOE I. RASCO
ORDINANCE NO. 2000-7
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, CONCERNING THE CAPITAL IMPROVEMENT
FUND; PROVIDING FOR AMENDMENT OF THE 1999-2000
FISCAL YEAR BUDGET BY REVISING THE SCHEDULE
FOR REPLACEMENT BY THE GENERAL FUND OF FUNDS
PREVIOUSLY TRANSFERRED FROM THE CAPITAL
IMPROVEMENT FUND PURSUANT TO ORDINANCE NO.
98-8, WHICH PROVIDED FOR THE EAST ENID DRIVE
PROJECT; AND PROVIDING FOR AN AMENDMENT OF
THE 1999-2000 FISCAL YEAR BUDGET BY PROVIDING
FOR THE TRANSFER OF FUNDS FROM THE CAPITAL
IMPROVEMENT FUND FOR THE BEACH
RENOURISHMENT PROJECT, TO BE SUBSEQUENTLY
REPLACED BY COUNTY FUNDS ANTICIPATED TO BE
RECEIVED FOR THE BEACH RENOURISHMENT PROJECT
AND PROVIDING FOR CONTINGENCY IN THE EVENT
COUNTY FUNDS ARE NOT RECEIVED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 98-8, the Village Council provided for the transfer of
funds from the Capital Improvement Fund to assist in funding the East Enid project and to enable
the General Fund to be charged for providing its appropriate share of the East Enid project, by
providing that a charge shall be placed and made against the General Fund revenues, available in the
1999-2000 fiscal year and 2000-2001 fiscal year for the purpose of replacement of the Capital
Improvement Funds transferred pursuant to Ordinance 98-8; and
WHEREAS, the Village Council desires to amend the Capital Improvement Fund
replacement schedule described above so as to extend the period of replacement of such funds in
installments, pursuant to such charge, for fiscal years commenced at the 1999-2000 fiscal year and
to be completed at the 2002-2003 fiscal year; and
WHEREAS, the Beach Renourishment project consists of a total 2.4 million dollar project
cost ($1.2 million — State; $600,000.00 — County; $600,000.00 — Village); and
WHEREAS, the Village Council desires to provide for a transfer from the Capital
Improvement Fund to the Beach Renourishment project, an amount sufficient to constitute an
advance of the anticipated County share of the Beach Renourishment project, to be reimbursed to
the Village once County funds are provided, and to otherwise provide for contingencies in the event
the County funded share is not provided.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. The above stated recitals are hereby adopted by reference and
confirmed herein.
Section 2. Transfer Approved: Budget Amended.
(A) Beach Project.
1. That there is hereby approved and made a transfer of $600,000.00 from the
Capital Improvement Fund to the Beach Renourishment project (the "Beach Project"), so as
to complete the shared State, County and Village funding of the Beach Project, and enable
the advance of funds anticipated to be reimbursed by Miami -Dade County's share of funding
of the Beach Project.
2. The 1999-2000 Village Budget adopted by Ordinance 99-7 is hereby
accordingly amended.
3. Further, it is specified that a charge shall be placed and made against the funds
to be received from Miami -Dade County, as the County share of the Beach Project, for the
replacement of the funds advanced in Section 2(A)(1) above. In the event the County funds
2
are not received, a charge shall be placed and made against the General Fund revenues, for
the purpose of replacement to the Capital Improvement Fund transferred pursuant to Section
2(A)(1) of this ordinance, in accordance with the following schedule:
Fiscal year 2001-2002
Fiscal year 2002-2003
Fiscal year 2003-2004
Fiscal year 2004-2005
Fiscal year 2005-2006
$100,000.00
$125,000.00
$125,000.00
$125,000.00
$125,000.00
So that a total of $600,000.00 is replaced to the Capital Improvement Fund.
(B) East Enid Project. Further, it is specified that a charge shall be placed and made against
the General Fund revenues, available in the 1999-2000 fiscal year through the 2002-2003 fiscal year
for the purpose of replacement to the Capital Improvement Fund of funds transferred pursuant to
Ordinance 98-8, so that the Capital Improvement Funds transferred for the East Enid project shall
be replaced in accordance with the following schedule:
1999-2000 fiscal year
2000-2001 fiscal year
2001-2002 fiscal year
2002-2003 fiscal year
$100,000.00
$100,000.00
$100,000.00
$130,000.00
So that a total of $430,000.00 is replaced to the Capital Improvement Fund concerning the transfer
made for the East Enid project.
Section 3. Implementation. That the Village Manager and his designee are authorized to
take all action necessary to implement the provisions of this ordinance.
Section 4. Conflict. To the extent that the provisions of Ordinance 98-8, a copy of which
is attached hereto as Exhibit "A," are in conflict with the provisions of Section 2(B) of this
Ordinance, this Ordinance shall prevail.
3
Section 5. 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 6. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 9th day of May , 2000.
PASSED AND ADOPTED on second reading this 6th day of June , 2000!
are
CONCETTA H. ALVAREZ, CMC,
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
JAY WEISS, VILLAGE ATTORNEY
03001ordinances \1999-2000 fiscal year budget
4
MAYOR JOE I. RASCO
(SEAL)
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before -the undersigned -authority personally appeared-
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review Vk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE JUNE 6, 2000
ORD. RE: THE CAPITAL
IMPROVEMENT FUND, ETC.
in the XXXXX Court,
vrtimichlistted in savl newspaper in the issues of
Aftiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publicati• of the attach e• • of advertisement; and
affiant furl says th. y,. as nei r paid nor promised
any pers• , firm or - '' ration any viscount, rebate, cdm-
missio or refu' purpose of ; = ring this advertise -
me or publi„ the said ne paper.
N"mmo0
fir lipwri
Octelma V.
OFFICIAL NOTARY SEAL
avitabwohikR+ENA
CeMMISSON NUMBER
• - CC556004
P� MY COMMISSION EXPIRES
tO JUNE 23,2000
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE - _
Notice is hereby given that the following ordinance will be considered
,an -Second Reading by theKey Biscayne Village council at a meeting to
be-hefd=emTuesday--dune 2000at 7:00 p.m., in the Councils Chamber,
'located at 85 West Mctntyre Street; -.Second Floor, Key Biscayne, Flon-
tla:
AN ORDINANCE OF THE VILLAGE OF- KEY BISCAYNE,
-FLORIDA, CONCERNING THE CAPITAL ,IMPROVEMENT
FUND; PROVIDING FOR AMENDMENT OF THE 1999-2000
FISCAL YEAR BUDGET BYREVISINGTHE SCHEDULE FOR
REPLACEMENT -BY THE. GENERAL FUND -OF FUNDS+PRE-
VIOUSLY TRANSFERRED FROM THE CAPITAL IMPROVE; �+
MENT FUND PURSUANT TO ORDINANCENO. 98-8, WHICH
• PROVIDED FOR THE EAST ENID DRIVE PROJECT; AND
PROVIDING FOR AN' AMENDMENT OF THE 1999-2000 MS;
CAL YEAR BUDGET BY PROVIDING FOR THE TRANSFER
OF FUNDS FROM THE CAPITAL`IMPROVEMENT FUND FOR
THE BEACH RENOURISHMENT PROJECT,: TO BESUBSE-
QUENTLY REPLACED BY COUNTY FUNDS' ANTICIPATED
TO BE RECEIVED FOR THE-BEACH`RENOURISHMENT
PROJECT` AND PROVIDING FOR CONTINGENCY IN THE
EVENT COUNTY FUNDS ARE NOT RECEIVED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
, Interested parties are-invitedtoappearand be heard. A copy of the pro
posed ordinance may be obtained. at Village Hall, Office of the Village
Clerk, 91 r West McIntyre Street, Suite 203, Key Biscayne, Florida
33149.
In accordance with the Americans With Disabilities Act .61-1 99P, all -
per -sons who are disabled and who need specialaccommodations topartici-
pate inthis proceeding because of that disability should contact the Office
-of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, '.
Flontla 33149 telephone number (308)365-5506, not later than two busi-
ness days prior to such. proceeding
Should any person desire tb appeal any decision of the Village Council
with respect to, any matter to be considered at this meeting, that person '..
shall insure that averbatim record of the proceedings is made including all
testimony' and evidence upon which any appeal May be. based (F S.':-
286-0105).
Concha H. Alvarez, CMG
Village Clerk
5/25 00-4-74/57326M
prices, and shall have such other details, all as shall hereafter be determined by the Council by
supplemental resolution. The supplemental resolution may be adopted, and the Bonds or Notes may
be issued, at any time after the effective date of this Ordinance.
Section 2. The Village Manager is hereby authorized to negotiate with banks or other
financial institutions for the purchase of the Bonds or Notes and with respect to the terms of the
Bonds or Notes. The Village Attorney, Bond Counsel and the Financial Advisor to the Village are
hereby authorized to draft documents and to do all other things necessary to accomplish the issuance
and sale of the Bonds or Notes.
Section 3. This Ordinance will become effective immediately upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 6th day of June , 2000.
PASSED AND ADOPTED on second reading this 1 lth day of July , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE C
ade
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
.DC/B.MISC/209924-2/13524.003
2
MAYOR JOE L RASCO
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING JULY 11, 2000
ORDINANCE AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING
$10,000,000 OF CAPITAL, ETC.
in the XXXXX Court,
wa.5 pub lis e m said new}paper in the issues of
J iI. L.OUtJ
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached cosy of advertisement; and
affiant further sa that s ner r paid nor promised
any person, fi ,$ r co r ' - on any scount, rebate, com-
mission or r uring this advertise-
ment for p
(SEAL)
ribed ore me this2000
"",,, MARIA 1. MESA r
,. - I
MY COMMISSION # 4,CC885640
Octelma V. Ferbeyr� , It�3cnow�ip�, Midi 4, 2664
6? <;�' * / Bonded ihru Notary Public Underw item i
i „,
E'OFKEY-BISCAYNE-
OFFICE OF THE VILLAGE CLERK -
PUBLIC NOTICE
Notice is hereby given that the followingordinance will be considered=
anSecondfeading by the Key Biscayne Village Council at a meeting to'-
be held -on -Tuesday, July 11, 2000 at 700 pm., in theCouncil Chamber,
1ocate&at 85-WestMMclntyre Street SecortdFloor, Key Biscayne, Florr-;a
r AN ORDINANCE OF THE VILLAGEOF KEY-BISCAYNE, FLORIDA, ;
AUTHORIZING: THE ' ISSUANCE.- OF NOT EXCEEDING,;
$10;000:000,OFCAPITAL iMPROVEMENT,REVENUESONDS OF
THE VILLAGE OF KEY 131SOAYNE, FLORIDA;' PROVIDING FOR A.
SUPPLEMENTAL RESOLUTION SETTING FORTH -THE DETAILS ,
it OF SAID -BONDS; AND PROVIDINGAN EFFECTIVE DATE.
Interested parLes areinvited to appearand be heard. Acopyotthepro
;posed ordinance maybe obtained at Village Hall, Office of the Village
Clerk, 91 West McIntyre Street, Suite 203, Key, Biscayne, Florida
33149.
In accordancewiththe Americans With Disabilities Act of 1990, ail per
esonswhaare disabled and who need special accommodations to partici-
`-pate in this proCeeding because of thatdisabiliity shouldcontactthe Office g
:of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,
Florida 33149, telephonenumber (305) 365-5506, not later thantwe buai-..-
ness clays pnorfosuch ,prdceeding. ;
Should anyperson desire teepee:Gany decision of the Village Council
with respectto'any matter to betconsidered atthis meeting, that person
Mhallinsurethat a verbatm"racordof the proceedingsismade:inducting all
testimony and evidence uponwhich any,. appeal -may ,be based-
Conchita H. Alvarez, CMG -
Village Clerk
6/27._
- oo:4-.06/66918M
ORDINANCE NO. 2000-9
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 2 OF THE VILLAGE
CODE, "ADMINISTRATION," ARTICLE III, "CODE
ENFORCEMENT," SECTION 2-38, "CONTENTS AND
SERVICE OF WARNING" AND SECTION 2-39, "CONTENTS
AND SERVICE OF NOTICE" OF THE VILLAGE CODE
PROVIDING FOR SERVICE TO COMMERCIAL PREMISES
AND PROVIDING PROCEDURE FOR NOTICE OF
TRANSFER OF PROPERTY SUBJECT TO CODE
ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-
42, "CIVIL PENALTIES AND RELATED TERMS
CONSTRUED," PROVIDING THAT THE VILLAGE MAY
REPAIR A VIOLATION THAT PRESENTS A SERIOUS
THREAT TO THE PUBLIC HEALTH, SAFETY, AND
WELFARE AND MAY CHARGE THE VIOLATOR WITH THE
REASONABLE COSTS OF REPAIRS; AMENDING SECTION
2-43 "RECOVERY OF UNPAID CIVIL PENALTIES; UNPAID
PENALTY TO CONSTITUTE A LIEN; FORECLOSURE",
PROVIDING THAT VILLAGE MAY INITIATE LEGAL
PROCEEDINGS TO RECOVER A CODE ENFORCEMENT
LIEN IN THE FORM OF A MONEY JUDGMENT;
AMENDING SECTION 2-45, "ARTICLE PROVISIONS ARE
SUPPLEMENTAL," PROVIDING THAT PROVISIONS OF
ARTICLE ARE SUPPLEMENTAL AND CUMULATIVE TO
ALL OTHERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE VILLAGE CODE;
PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS;
Section 1. That Chapter 2, "Administration," Article Ill, "Code Enforcement," Section
2-38, "Contents and service of Warning" of the Code of the Village of Key Biscayne, Florida, is
hereby amended to read as follows:
Sec. 2-38. Contents and service of Warning.
(a) A Warning shall include the following:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the
Warning.
(3) Name and address of the Violator.
(4) The section of the Code that has been violated.
(5) Brief description of the nature of the violation,
including location, date and time of violation.
(6) Amount of the civil penalty for which the Violator
may be liable.
(7)
Time within which the violation must be corrected.
(8) Statement that the failure to correct the violation by
the time period indicated in the Warning will result in t h e
issuance of a Notice.
(b) Service of the Warning to the Violator shall be effected either
by:
(1) Certified mail, return receipt requested, provided if
such Warning is sent under this paragraph to the owner of the
property in question at the address listed in the tax collector's office
for tax notices, and at any other address provided to the City by such
owner and is returned as unclaimed or refused, the Warning may be
served by posting as described in subparagraphs (c)(2)a. and b. and
by first class mail directed to the addresses furnished to the City with
a properly executed proof of mailing or affidavit confirming the first
class mailing;
(2) Hand delivery by the Village Police Department or
other law enforcement officer, code enforcement officer or other
person designated by the City;
(3) Leaving the Warning at the Violator's usual place of
residence with any person residing therein who is above 15 years of
age and informing such person of the contents of the Warning; or
(4) In the case of commercial premises, leaving the
Warning with the manager or other person in charge.
(c) In addition to serving the Warning as set forth above, at the
option and discretion of the Village Manager, the Warning may also
be served by publication or posting as follows:
2
(1)a. The Warning shall be published once during each
week for four consecutive weeks (four publications being sufficient)
in a newspaper of general circulation in Miami -Dade County, as
specified in Chapter 50, Florida Statutes.
b. Proof of publication shall be made as provided in
Sections, 50.041 and 50.051, Florida Statutes.
(2)a. In lieu of publication as described in paragraph (c)(1),
such Warning may be posted at least 10 days prior to the expiration
of any deadline contained in the Warning in at least two locations,
one of which shall be the property upon which the violation is alleged
to exist and the other of which shall be at Village Hall.
b. Proof of posting shall be by affidavit of the person
posting the Warning, which affidavit shall include a copy of the
Warning posted and the date and places of its posting.
(3) Notice by publication or posting may run concurrently
with, or may follow, an attempt or attempts to provide notice by hand
delivery or by mail as required under subsection (b).
(d) Evidence that an attempt has been made to hand deliver or
mail the Warning as provided in subsection (b), together with proof
of publication or posting as provided in subsection (c), shall be
sufficient to show that the requirements of this Article have been met,
without regard to whether or not the Violator actually received such
Warning.
(e) If the owner of property which is subject to an enforcement
proceeding before the Special Master or court transfers ownership of
such property between the time the initial pleading was served and the
time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the
pleadings, notices, and other materials relating to the code
enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that
the new owner will be responsible for compliance with the applicable
code and with orders issued in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the
transfer of the property, with the identity and address of the new
owner and copies of the disclosures made to the new owner, within
5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs (1), (2), and
(3) before the transfer creates a rebuttable presumption of fraud. If
the property is transferred before the hearing, the proceeding shall not
be dismissed, but the new owner shall be provided a reasonable
period of time to correct the violation before the hearing is held.
Section 2. That Chapter 2, "Administration," Article III, "Code Enforcement," Section
2-39, "Contents and service of Notice," of the Code of the Village of Key Biscayne, Florida, is
hereby amended to read as follows:
Sec. 2-39. Contents and service of Notice.
(a) A Notice shall include:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the Notice.
(3) Name and address of the Violator.
(4) The section of the Code that has been violated.
(5) Brief description of the nature of the violation,
including location, date and time of violation.
(6) Amount of the civil penalty for which the Violator
may be liable.
(7)
Instructions and date for paying the civil penalty or for
filing a request for an administrative hearing before a
Special Master to appeal the civil penalty.
(8) Time within which the violation must be corrected.
(9) A statement that each day of continued violation after
the time period for correction has run shall be deemed
4
a Continuing Violation subject to an additional penalty
in the same amount without the need for additional
Notice.
(10) A statement that the filing of a request for an
administrative hearing will toll the accrual of
Continuing Violation penalties.
(11) A statement that failure to request an administrative
hearing within 20 days after service of the Notice shall constitute a
waiver of the Violator' s right to an administrative hearing before the
Special Master, and that such waiver shall constitute an admission of
the violation, and that in such case, judgment may be entered against
the Violator for the amount of the civil penalty.
(12) A statement that the Violator may be liable for the
reasonable administrative hearing costs should he or she be found
guilty.
(b) Service of the Notice to the Violator shall be effected either
by:
(1) Certified mail, return receipt requested, provided if
such Notice is sent under this paragraph to the owner of the property
in question at the address listed in the tax collector's office for tax
notices, and at any other address provided to the City by such owner
and is returned as unclaimed or refused, notice may be provided by
posting as described in subparagraphs (c)(2)a. and b. and by first class
mail directed to the addresses furnished to the City with a properly
executed proof of mailing or affidavit confirming the first class
mailing;
(2) Hand delivery by the sheriff or other law enforcement
officer, code enforcement officer or other person designated by the
City;
(3) Leaving the Notice at the Violator's usual place of
residence with any person residing therein who is above 15 years of
age and informing such person of the contents of the Notice; or
(4) In the case of commercial premises, leaving the Notice
with the manager or other person in charge.
(c) In addition to providing service of the Notice as set forth
above, at the option and discretion of the Village Manager, the Notice
5
may also be served by publication or posting as follows:
(1)a. The Notice shall be published once during each week
for four consecutive weeks (four publications being sufficient) in a
newspaper of general circulation in Miami -Dade County, as specified
in Chapter 50, Florida Statutes.
b. Proof of publication shall be made as provided in
Sections, 50.041 and 50.051, Florida Statutes.
(2)a. In lieu of publication as described in paragraph (c)(1),
such Notice may be posted at least 10 days prior to the hearing, or
prior to the expiration of any deadline contained in the Notice, in at
least two locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be at Village
Hall.
b. Proof of posting shall be by affidavit of the person
posting the Notice, which affidavit shall include a copy of the Notice
posted and the date and places of its posting.
(3) Notice by publication or posting may run concurrently
with, or may follow, an attempt or attempts to provide notice by hand
delivery or by mail as required under subsection (b).
(d) Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection (b), together with proof of
publication or posting as provided in subsection (c), shall be
sufficient to show that the notice requirements of this Article have
been met, without regard to whether or not the alleged Violator
actually received such Notice.
(e) If the owner of property which is subject to an enforcement
proceeding before the Special Master or court transfers ownership of
such property between the time the initial pleading was served and the
time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the
pleadings, notices, and other materials relating to the code
enforcement proceeding received by the transferor.
6
(3) Disclose, in writing, to the prospective transferee that
the new owner will be responsible for compliance with the applicable
code and with orders issued in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the
transfer of the property, with the identity and address of the new
owner and copies of the disclosures made to the new owner, within
5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs (1), (2), and
(3) before the transfer creates a rebuttable presumption of fraud. If
the property is transferred before the hearing, the proceeding shall not
be dismissed, but the new owner shall be provided a reasonable
period of time to correct the violation before the hearing is held.
Section 3. That Chapter 2, "Administration," Article III, "Code Enforcement," Section
2-42, "Civil penalties and related terms construed," of the Code of the Village of Key Biscayne,
Florida, is hereby amended to read as follows:
Sec. 2-42. Civil penalties and related terms construed.
(a) Penalties for violations of the provisions to be enforced
through this article shall be in the amounts prescribed in the schedule
of civil penalties contained in section 2-47.
(b) For each day of a Continuing Violation, an additional penalty
in the same amount as that prescribed for in the original violation
shall be added.
(c) For the first Repeat Violation, the amount of the civil penalty
shall be double the amount of penalty prescribed for the original
violation by section 2-47. The amount of civil penalty due for each
subsequent Repeat Violation shall be double the amount of penalty
due for the first clay of the immediately preceding violation; provided,
that the maximum penalty payable for the first day of any one Repeat
Violation shall be $500.00.
(d) A Repeat Violation which remains uncorrected beyond the
time prescribed for correction in the Notice shall be treated as a
Continuing Violation, and the additional penalty for each day of
continued violation shall be double the amount due for the first day
of the Repeat Violation.
7
(e) Continuing Violation penalties shall accrue from the date of
correction given in the Notice until the correction is made or until a
request for administrative hearing is filed, whichever comes first. If
the named Violator requests an administrative hearing and loses his
appeal, the Special Master shall determine a reasonable time period
within which correction of the violation must be made, based on the
considerations set forth in section 2-37(a). If correction is not made
within the period set by the Special Master, Continuing Violation
penalties shall begin to accrue again after the time for correction has
run.
(f) If the violation is a violation described in Section 2-37(d), the
Special Master shall notify the Village, which may make all
reasonable repairs that are required to bring the property into
compliance and charge against the Violator the cost of the repairs
along with the fine imposed pursuant to this Section. The Village
shall have a lien upon the property in such amount until paid, which
lien shall be prior to all other liens on such property, except taxes.
Such lien, when delinquent for more than 30 days, may be foreclosed
in the manner provided for the foreclosure of mortgages on real
property. Making such repairs does not create a continuing obligation
on the part of the local governing body to make further repairs or to
maintain the property and does not create any liability against the
Village for any damages to the property if such repairs were
completed in good faith.
(g) Civil penalties assessed pursuant to this article are due and
payable to the Village on the last day of the period allowed for the
filing of an appeal from the Special Master's decision, or, if a proper
appeal is made, when the appeal has been finally decided adversely
to the named Violator.
Section 4. That Chapter 2, "Administration," Article III, "Code Enforcement," Section 2-43,
"Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; foreclosure," of the Code of
the Village of Key Biscayne, Florida, is hereby amended to read as follows:
Section 2-43. Recovery of unpaid civil penalties; unpaid penalty
to constitute a lien; foreclosure.
(a) The Village may institute proceedings in a court of competent
jurisdiction to compel payment of civil penalties.
8
(b) A certified copy of an order imposing a civil penalty may be
recorded in the public records and thereafter shall constitute a lien
against the property on which the violation exists and upon any other
real or personal property owned by the Violator; upon petition to the
circuit court, such order may be enforced in the same manner as a
court judgment by the sheriffs of this State, including levy against the
personal property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A civil penalty imposed
pursuant to this article shall continue to accrue until the Violator
complies or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this article, whichever occurs first. After three
months from the date of filing of any such lien which remains unpaid,
the Village may foreclose or otherwise execute on the lien.
Alternatively, the Village may sue to recover a money judgment for
the amount of the lien plus accrued interest. Upon payment of the
civil penalty or notice of assessment by the Violator or the
successor(s), assign(s) or heir(s) of the Violator, the Village Clerk is
authorized to execute and record in the Public Records of Miami -
Dade County the appropriate Release of Lien document.
(c) No lien provided under this article shall continue for
a period longer than 20 years after the certified copy of an order
imposing a fine has been recorded, unless within that time an action
to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party
may recover interest and all costs, including a reasonable attorney's
fee, incurred in the foreclosure. The continuation of the lien effected
by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without
notice, unless a notice of lis pendens is recorded.
Section 5. That Chapter 2, Administration," Article III, "Code Enforcement," Section 2-
45, "Article provisions are supplemental, " of the Code of the Village of Key Biscayne, Florida, is
hereby amended to read as follows:
Sec. 2-45. Article provisions are supplemental.
Nothing contained in this article shall prohibit the Village from
enforcing its Code by any other means including, but not limited to,
a summons, an arrest, a notice to appear, civil action for injunctive
relief, a stop work order or demolition. The enforcement procedures
outlined in this article are cumulative to all others and shall not be
9
ORDINANCE NO. 2000-10
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 17 "NOISE," AMENDING SECTION
17-5 "EXEMPTIONS;" AMENDING PARAGRAPH (B)
THEREOF TO CREATE EXEMPTION FOR NOISE
CREATED BY PUBLIC IMPROVEMENT PROJECTS OF
THE VILLAGE, INCLUDING, BUT NOT LIMITED TO
BEACH RENOURISHMENT PROJECTS, SUBJECT TO
IMPLEMENTATION BY RESOLUTION OF THE VILLAGE
COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Village Council desires to amend the provisions of the Village noise
ordinance to create an exemption for noise produced by public improvement projects of the Village,
including beach renourishment projects, if authorized by Council resolution.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise," by
amending Section 17-5 "Exemptions," by amending paragraph (b) thereof to read, as follows:1
Section 17-5. Exemptions.
The terms and prohibitions of this Chapter shall not be applied to or
enforced against:
(b)
(1) Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on
behalf of the Village, the County or the State, or performance of such work during
the night if the public welfare and convenience renders it impossible to perform such
work during the day.
(2) The construction of public improvement projects of the Village, including, but not
limited to, beach renourishment projects. but solely to the extent authorized by and
subject to the conditions set by resolution of the Village Council. as adopted after a
public hearing. Any violation of the conditions of the resolution shall cause a waiver
of the exemption and shall constitute a violation of this Chapter.
.. •
Section 2. Severability. The provisions of this Ordinance are declared to be severable and
Underline provisions indicate additions to existing text. Deletions from existing text are indicated by strike through.
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 the
Village of Key Biscayne; 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. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 6th day of June , 2000.
PASSED AND ADOPTED on second reading this I lth day of July , 2000.
%Ace
CONCHITA ALVAREZ, CMC, VILLAGE CLER
APPROVED AS TO ORM AND I.F, SUFFICE
RICHARD JAY WEISS, VILLAGE ATTORNEY
10300Rordinances\exemption for noise created by beach renourisbment project
AYOR JOE I. RASCO
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING JULY 11, 2000
ORDINANCE AMENDING THE
VILLAGE CODE BY AMENDING
CHAPTER 17 "NOISE", ETC.
in the XXXXX
was_publis6ed n sa(dy.ej Paper in the issues of
Court,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further . that sh -.ither paid nor promised
any person, , m or �- y discount, rebate, com-
mission or -fund f • f securing this advertise-
ment for •ublic- - t paper.
CO
day o
(SEAL)
Octelma V. Ferbe
ation a
purpose
he said n
toto a bsc • -
ed b
t2his
.__.'MARIA 1-IAESf1---_
a� = MY C0MtvliSSiON 4 CC 885640
ns'ISy #npr(plplEgi{garch 4, 2004
e. 9andedThru Notary Pithtoundercaders
VILLAGE OF; KEYBISCAYNE" -
OFFICE OF THE VILLAGE CLERK
PUBLIC "NOTICE
Notice -is hereby given that the following ordtnance wilt be considered
'ors Socond Reading.by the Key Biscayne Village Council at a meeting to
be beid'Rn Tuesday, Tyly i1, 2000 at7 00 k.m.,in theCOUf"GI Chamber,
'focate&at 65 West McIntyre Street'I:-
Second FlooraSey Btsoayne, Fiori-
da:
i., `ANARDINANCEOF THE V,ILIAGE OF KEY BISCAYNE,FLORtDA,
AMENDING TtJE VILiAGE CODE.BY AMENDING CHAPTER -(7
11
NOISE,` AMEND,INGSECTION17-5,"EXEMFTIONS'r',AMENDING
k PARAGRAPH (fit,, TREREOF iTO CREATE EXEMPTION FOBS'.
NOISE CREATED BY PUBLIC. IMPROVEMENT PROJCTS OF
THE VILLAGE„ INCLUDING, BUT NOT LIMITED 70 BEACH RE- �.
NOURISHMENT flOJECTS,: SUBJECT TO; IMPLEMENTATION
BYRESOLUTION OF THE VILLi>.GECOUNCIL; PROVIDING FOR
SEVERABILITY[. PROVIDING, FOR INCLUSION IN THE CODE; -'
PROVIDING FOR'.EFFECTIVE DATE .
e Interested parties areinvited to appear andbe heard.Acopy of,the pro -
+;posed ordinance maybe obtained, at Village Hall, Office of the -Village
;,Clerk,- 91 West McIntyre Sheet,Suite 203, Key Biscayne, 'Florida
l[33149.
In accordance with the Americans With Disal ilitiesAct_of .1990,a6 per -
;Sons who are disabled and who need special accommodations topartici-
,pate in this proceeding becauseof that disability should contact the Office
of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,
IFlcnda33149, telephone number(305) 365-5506.; not later than two busi- ,
ness clays -Prior to -such proceeding.
)
Should anypersondesire-to appeal any decisionof the Village Council
l;withrespect to any matter to be considered at this meeting, that person..
shall insurethat a verbatim record of the proceedingsis made inctudng all:
•.testimony and evidence upon which any appeal may be based (ES.
Conchae H. Alvarez CMG
Village Clerk II
O04 -04/66914M 3
ORDINANCE NO. 2000-11
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING ORDINANCE NO. 97-21 WHICH
PROVIDED FOR THE ADOPTION OF THE POLICE
OFFICERS AND FIREFIGHTER'S RETIREMENT PLAN FOR
THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature in its 1999 session amended Chapters 175 and 185
of the Florida Statutes revising the requirements for police and firefighter pension funds receiving
state monies, and
WHEREAS, Chapters 175 and 185, Florida Statutes, require compliance by all police and
firefighter pension plans receiving state funding, and
WHEREAS, the Village of Key Biscayne receives state funds and must comply with
Chapters 175 and 185, and
WHEREAS, the proposed ordinance amending the Police Officers and Firefighters
Retirement Plan (the "Plan") has been approved and recommended by the Plan's Board of Trustees;
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, THAT:
Section 1. Section 8 of the Plan is hereby amended by deleting the s r through
language and adding the underlined language as follows:
Sec. 8. DISABILITY.
(a) Disability Benefits On -Duty
Each Member
who shall become totally and permanently disabled to the extent that
he is unable, by reason of a medically determinable physical or
mental impairment, to render useful and efficient service as a Police
Officer or Firefighter which disability was directly caused by the
performance of his duty as a Police Officer or Firefighter shall, upon
establishing the same to the satisfaction of the Board, be entitled to
a monthly pension equal to his accrued pension benefit as of the date
of disability, but not less than 42 percent of his or her average
monthly salary at time of disability. Such accrued pension shall be
payable at his otherwise early or normal retirement date.
Any condition or impairment of health of a Member caused
by tuberculosis, hypertension, heart disease, or hardening of the
arteries shall be presumed to have been suffered in line of duty unless
the contrary is shown by competent evidence, provided that such
Member shall have successfully passed a physical examination upon
entering into such service, including cardiogram, which examination
failed to reveal any evidence of such condition; and provided further,
that such presumption shall not apply to benefits payable or granted
in a policy of life insurance or disability insurance.
(b) Disability Benefits Off -Duty
Each Member with ten (10) years or more of Credited Service
who shall become totally and permanently disabled to the extent that
he is unable, by reason of a medically determinable physical or
mental impairment, to render useful and efficient service as a Police
Officer or Firefighter which disability is not directly caused by the
performance of his duties as a Police Officer or Firefighter shall, upon
establishing the same to the satisfaction of the Board, be entitled to
his accrued pension benefit as of the date of disability. but not less
than 25 percent of his or her average monthly salary at time of
disability. Such accrued pension shall be payable at his otherwise
early or normal retirement date.
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 the
Village of Key Biscayne; 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. Effective Date. This Ordinance shall be adopted upon second reading and shall
be effective from and on December 31, 1999.
PASSED AND ADOPTED on first reading this 29th day of August, 2000.
PASSED AND ADOPTED on second reading this 26th day of September, 2000".
Chter
CHITA H. ALVAREZ, CMC, VIII AGE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Ij
RICHARD PAY
f L'
GE ATTORNEY
MAYOR JOE I. RASC
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF. FLORIDA
COUNTY OF MIAMI-DADE:
eefore_the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE • AMENDING
ORDINANCE NO. 97-21 ETC.
SEPTEMBER 26, 2000
in the """"" Court,
wa3pugblistteg in ew saj9A fipaper in the issues of
La L' e tJJ fill �U
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she ha -• - - her paid nor promised
any person, fir r corps on any •-scount, rebate, com-
mission or r-. n • fort- •.. rpose of wring this advertise-
ment for p lica`�r • -saitl new • - per.
Octelma V. Ferbeyre personally
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby wen that the following ordiu"ancewit be-constdezed on
Second'Reading by the Key Biscayne Village Council at a meeting to be
held on Tuesday, September 26 2000 at 7:00 p.m in the Council Chain -
Flier, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Flor
Aft ORDINANCE OF THE VILLAGE OF KEY „BISCAYNE,
FLORIDA AMENDING ORDINANCE No. -97-21-WHICH PRO-
VIDED FOR THE ADOPTION OF THE POLICE OFFICERS
AND FIREFIGHTER'S -RETIREMENT PLAN FOR THE VIL
LAGE OF:REY BISCAYNE; -PROVIDING FOR SEVERABILI
TV;PROVIDINGfORnNCLlfs(ONIWTHEcODE; PROVIDING -._-
'' interested parnesareinvitedto appear and be heard, A copy of the pro-
posed ordinance maybe obtained at Village Halt, Office of the Village
(Clerk 91 West McIntyre Street, Sidle : 203, Key Biscayne, Florida.;
In accordance-withthe Americans With Disabilities Act of 1990, all per-
(sons who aredisabled anciwho need special accommodationsto partici
patein this proceeding because of that disability should contact theOffice
€of the Village Clerk, 91, West McIntyre Street, Suite 203;Key Biscayne;,,.
)Florida 33149, telephone number (305) 365-5506, not later than two busk
mess days pnorto such -proceeding:
Should any person desireto appeal any decision of the: Village Council..
;with respect to any -matter to be considered at this meeting that person
I shall insurethataverbatimtecord of the proceedings is made including all:.
I testimony and evidence upon which any appeaimay be based (F.S. 266-
9/14
OFFICIAL NOTARY SEAL
nown to m4ANETT LLERENA
NOTARY PUBLIC STATE OF RLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. JUNE 23,2004
Conchita H. Alvarez, CMC
Village Cled(
00-4-50/90223M
ORDINANCE NO. 2000-12
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 2000 THROUGH
SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE
200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund
Operating Budget" for the fiscal year commencing October 1, 2000 and the Village Council
scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be held on
September 12, 2000 at 7:00 p.m.; and
WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for
September 12, 2000, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street,
Second Floor, Key Biscayne, Florida, as required by Chapter 200 of the Florida Statutes; and
WHEREAS, said public hearing, as required by Section 200.065 (2)(c), was held by the
Village Council on September 12, 2000, commencing at 7:00 p.m. as previously noticed and the
public and all interested parties having had an opportunity to address their comments to the Village
Council, and the Village Council having had an opportunity to amend the tentative budget as it
deemed appropriate and having considered the comments of the public regarding the tentative budget
and having complied with the "TRIM" requirements of the Florida Statutes; and
WHEREAS, pursuant to Section 200.065(2)(d) of the Florida Statutes, a final public hearing
to adopt the budgets for the fiscal year commencing on October 1, 2000, through September 30,
2001, was held, as advertised, on Tuesday, September 26, 2000, at 7:00 p.m., in the Council
Chamber, located at 85 West McIntyre Street Second Floor, Key Biscayne, Florida and the Council
considered comments from the public.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA:
Section 1. Upon prior adoption of the final millage rate, the attached budgets of the Village
of Key Biscayne for the fiscal year commencing October 1, 2000, are hereby approved and adopted.
Section 2. This ordinance shall be effective upon adoption on second reading.
PASSED AND ADOPTED on the first reading this 12th day of September 2000.
PASSED AND ADOPTED on the second reading this 26th day of September 2000.
MAYOR JOE I. ' SCO
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
-2-
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ORDINANCE NO. 2000 —13
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING ARTICLE II, "DEFINITIONS,"
ARTICLE HI, "GENERAL PROVISIONS," ARTICLE V,
"SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT
REGULATIONS," AND ARTICLE VII, "OFF STREET
PARKING AND LOADING" OF CHAPTER 30 "ZONING"
OF THE CODE OF ORDINANCES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the Village of Key Biscayne (the "Village")
provides that land development regulations will be prepared and adopted to implement the goals
and objectives of the Comprehensive Plan; and
WHEREAS, the Village Council has determined that the existing Supplemental District
Regulations for Single Family Development, as adopted by 0-96-2 and amended by 0-97-18 and
0 98-4, need to be amended to bring them into conformance with the recently adopted Land
Development Regulations governing development in all other parts of the Village (the
"Amendments"); and
WHEREAS, the Village has held numerous meetings of the Zoning Ordinance Review
Committee, Workshop Meetings and obtained extensive input and participation by the public
through these meetings; and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has held a public
hearing upon these Amendments and has recommended their adoption to the Village Council; and
WHEREAS, in accordance with the Village's procedures and Section 166.041, Fla. Stat.,
public notice has been given of the public hearings for the proposed adoption of this Ordinance; and
WHEREAS, the Village Council finds that it is in the best interests of the health, safety and
welfare of the residents and property owners of the Village of Key Biscayne to adopt the attached
Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1: That Article II "Definitions" of Chapter 30 "Zoning" of the Code of the Village
of Key Biscayne is amended as follows:
(Coding: underlined words are additions to existing text, etruck through words are deletions
from existing text
Floor Area. The sum of the areas of the floors of a Building or Buildings, measured from the
Exterior faces of Exterior walls or from the Exterior face of an architectural projection, from the
centerline of walls separating two attached Buildings. The calculation of Floor Area for unit sizes
is measured from the centerline of a party wall to the interior face of an exterior wall.
The Floor Area of a Building shall include all areas except for those areas listed below, unless
otherwise provided for in this Ordinance:
(1) Accessory water tanks or cooling towers.
(2) Unenclosed exterior staircases or steps, exterior open fire escapes and open
stairwells.
(3) Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Unenclosed exterior terraces, Balconies, breezeways, Porches, Carports. Gazebos,
sheds or hallways or areas whichthat provide access to a unit or units.
(5) Any floor space utilized for parking within an accessory off-street parking garage.
For single family and two family structures, the parking garage is included in the
FAR calculation if the finished floor is more than two feet above the crown of the
road. If the parking garage is the main permitted Use, then the Floor Area of the
parking levels shall be included in the calculation for Floor Area Ratio.
(6) Mechanical equipment rooms located above the main roof deck.
(7) Exterior unenclosed private or public balconies.
(8) Floor Area located below BFE is excluded; however, if the ceiling is above BFE and
the space is enclosed on more than two sides, 10 % the horizontal Floor Area of the
space below BFE is included in the Floor Area.
(9) Exterior elevators and landings
(10) Open unenclosed exterior stairs.
(11) Chaises.
In volumetric buildings where there are no interior floors above the finished floor, the Floor Area
shall be calculated as if there were a floor for every ten feet. Volumetric space between 10 -13 ft. is
not counted. Volumetric space above 13 ft. shall be calculated as follows: Floor area = 10% for
each 1 ft. or fraction thereof in height x sq. ft. of the space.
2
Volumetric space is not counted in the following:
(1) in entranceways that contains 225 sq. ft. or less.
(2) space between 10 and 13 ft. above the finished floor
(3) space above stairs
Lot Coverage. The area of the Lot occupied by all buildings, covered structures and Terraces
above Maximum Lot Elevation, excluding the following: exterior steps and landings attached to
and providing a means of ingress and egress from a building; Carport Canopies which occupy less
than 300 square feet in area; one or more Gazebos occupying a total area of up to two percent of the
lot size; utility sheds: carports and porches that provide a 10 foot setback pursuant to Section 30-
100(f)(10): planters with a maximum height of four feet and patios. decks and swimming pools that
are located below the Maximum Lot Elevation. Lot Coverage shall specifically include any non -
roofed areas enclosed by walls (other than building walls) which) that exceed six feet in height and
are attached to or otherwise form an integral part of a building.
Vehicle, Commercial. Any vehicle designed or used, or maintained primarily for the
transportation of property and/or Persons for hire including but not limited to tractors, trailers or any
part thereof, wreckers, tow trucks or other vehicles equipped with a hoist or other mechanical
equipment designed to perform a similar function or taxicabs or any vehicle commonly recognized
as a truck or commercial vehicle or any vehicle whose maximum gross weight exceeds
3;00010,000 pounds (Gross Vehicle Weight) or contains advertising markings in excess of three
square feet per side of per vehicle top.
Section 2: That Section 30-39, "Appearance of Structures and Sites Under
Construction," of Article III, "General Provisions," of Chapter 30 "Zoning," of the Code of the
Village of Key Biscayne is amended as follows:
Sec. 30-39. Appearance of Structures and Sites Under Construction.
Sites where construction activity is occurring must be made secure at the conclusion of
construction activity each day with a 42 inch plastic mesh fence or better c'x (6)ft. chain link
fence -placed i . afd t"a e str t e be^° e€wate. around the entire perimeter of the
site.
The fence must be maintained until allwindows and exterior doors have been installed.
The site shall be maintained with in a neat and orderly appearance. As soon as practical, the
exterior of buildings shall have the final finishes applied and windows installed.
Section 3: That Article III, "General Provisions," of Chapter 30, "Zoning," of the
3
Code of the Village of Key Biscayne is hereby amended by creating Section 30-41, "Additional
Regulations," as follows:
Sec. 30-41. Additional Regulations.
When not addressed in these regulations, the provisions of the Code of Metropolitan Miami -
Dade County shall continue to be applicable until such time as the Village Council expressly
repeals them.
Section 4: That the Supplemental District Regulations for Single Family Development, as
adopted by 0-96-2 and amended by 0-97-18 and 0-98-4, are amended and incorporated into
Article V, "Schedule of District, Use, and Development Regulations," of Chapter 30 "Zoning," of
the Code of the Village of Key Biscayne as follows:
c.,, ' b b 3n 52 Establishment .,..d Eating of single t'ami y zoning district
welfare, the residential single family area of the Village is hereby divided into the
following zoning districts:
VIA\ lage Residential Dis et
VJ \rnage Eat t„ District
IR Island Residential District
PS Parks de District
(b) [Map.] Said districts arc bounded as shown on the map entitled Village of Key Biscayne
Zoning Map, adopted on the 26th day of March, 1996, and as amended from time to time,
with all explanatory matters thereon, which are hereby made a part of this ordinance.
4
b b
ribilm:tati vn•
(a) Schedules f regulations. The restrictions and controls intended to regulate development
are supplemented by other sections of this rdinance. Except as otherwise indicated by
the general nature of the description of uses in the applicable schedule of uses, any use
(b) Application ,f regulati ns. Except as hereinafter otherwise pr sided:
(2)
land or building be designed, used, or intended to be used for any purpose or in
..ther than a to in the distri t i h; h .. ch b il.]'ng o
b
located.
No structure shall be erected, reconstructed or structurally altered to exceed the
b
b
conformity to the yard, lot area, and building location regulation hereinafter
designated for the district in which such building or pen space is located.
complying with the provisions of this ordinance shall be considered as providing a
yard or open space for any other building, and no yard r other open space on one
lot shall be considered as providing a yard or open space for a building on any
other lot.
(5) The minimum lot requirements imposed herein shall not prohibit construction on
any single lot or parcel which has been lawfully platted or established prior to the
effective date of this section insofar as minimum lot requirements are concerned.
gg
conformity to such minimum lot requirements.
Schedule I Use Regulation
{See Scc. 30 53]
5
n
Pursuant t Village Charter Secti n 8.03, in each \Tillage zoning district sh wn bel w, the
zoning regulations and restrictions provided by Chapter 33 or the Metrop titan Dade County
Corresponding
C unty Zoaing District
?Tillage Residential (VR)
RU I
Village Estate (VE)
RU 1
1x1and Residential /1D\
ELTM/RU 1.
Par c P3)
RU 1/RU 2
Lot, that permit application must include a landscape plan complying with requirements and
The provisions controlling the grant or denialof a request for a variance r for revicst of
pr^ ..
,ide.1 i rtic 11l of thia Chapter
n A
7
Sec. 30-100. Single Family and Two Family.
(a)
Purpose and Uses
�ctEi'uruose ilf#
ri }E# ie' i
atnT�erm�tted..,
i a r#xoital
k�
3cc�ss�a a lTses ,=ePrd
3 % S� t
edTses .
(iii=it Ii } i
ti�
i F
Uses ..�t��l
{
inn ��' ��LTses
Y
These districts are
VR, VE, and IR
None
Any Use that is
Any Use not listed
designed to
Districts: Single
customarily
as a Main
protect the
family dwelling
associated with
Pei mined Use,
character of single
PS District:
the Main
Conditional Use,
family and two
Permitted Use
or Accessory Use
family homes.
Single family
(See Sec. 30-
(See Sec. 30-113).
and two family
111).
attached
dwelling
Development Regulations
MiaMmin
Lot
Frontage
ge Residei
Min. 75 ft. as
platted*
Max. 2 platted
lots*
Min. 100 ft. as
platted*
Max. 2 platted
lots*
Min. 100 ft. as
platted*
Max. 2 platted
lots*
Min. 75 ft. as
platted*
Max. 2 platted
lots*
Minimum
Lot Area
Min. 7,500 sq. ft. or
as platted*
Max. 2 platted lots*
Min 10,000 sq. ft.
or as platted*
Max. 2 platted
lots*
Min 10,000 sq. ft.
or as platted*
Max. 2 platted
lots*
Min 7,500 sq. ft.
or as platted*
Max. 2 platted
lots*
Minimum
Cubic Ft.
7,500 cu. ft.
10,000 cu. ft.
10,000 cu. ft.
7,500 cu. ft.
Minimum
Pervious
Area
(% of Lot)
30%
30%
30%
30%
Lot
Lot
One story residences 45 % Mull' story residences 35%
A ddi 11 _ of . �Yp to 5% of T of Ce itted fo eh
Porches and landings that are completely open on at least 2 sides, with the exception
8
Coverage
of railings and balustrades, shall not be included in the lot coverage calculation.
Maximum
Floor Area
Ratio
(FAR)
.47
cl
For new construction on vacant lots and development that exceeds 50% of the assessed
value of the building the following shall apply:
Base FAR .29 ..30for developments on one platted lot in the VR and PS districts
.36 for developments in the VE and IR districts
.13 for developments on more than one platted lot.
.Notwithstanding the above, the base FAR for a one story home is .36
Maximum FAR .47 for developments on one platted lot
.35 for developments on two platted. lots
A development may exceed the base FAR but contain no more than the maximum FAR as
set forth above subject to an administrative determination by the Building, Zoning. and
Planning Director that the design meets one or more of the below criteria.
The FAR bonus must be listed on the site plan pa^e and approved by the plans reviewer and
the Building. Zoning and Planning Director. No certificate of occupancy or completion
shall be issued unless the completed development includes each of the bonuses listed on the
approved site plan.
VR and PS Districts:Designs that do not receive both bonuses 7 and 19 shall be
assigned a minus .10.
VE and IR Districts:Designs that do not receive bonus 19 shall be assisgned a minus .10.
Criteria
FAR Increase
Porch facing a street.
.00005 per sq. ft. of floor area to a
maximum of.03 FAR increase
2. Open and unenclosed balconies located .00005 per sq. ft. of floor
above the first finished floor area to a max. of.03 FAR increase
Building located 15 - 20 ft. from a front .001. per linear ft. of
property line frontage of a wall that is
located 15 - 20 ft. from a
front property line (max .03)
Garage and carport containing 2 or more vehicles parked parallel
with an exterior column separating each of the spaces .03
Single story home .03
6. Combination one and two story home with
the second floor occupying less than 50%
of the floor area of the first floor under roof .10
7. Entrances to parking garages:
Interior lot: placed in a location that does not face the street .02
Corner lot:entrance in a side yard .02
8. All windows above the first floor facing an adjacent building
which are - 5 ft. above the finished floor .01
or
if all building walls along the interior side
of a property do not have windows
.03 per home side
9. Sideyard setback which:
a. Exceeds the required yard . 00005 per each sq. ft. to a max. of .03
or
b. has a min. 15 foot side yard setback .03
10. Building located within 15 - 20 ft. of the rear lot line .001 per linear ft. of a wall
located 15 - 20 ft. from the
rear property line with a
max. of .03
11. VR and PS Districts: Structures that provide a front
setback of less than 25 ft. which have a roof at least 3 ft
. lower than the roof of the main structure
.03
IR and VE Districts: a portion of the building having
a length of at least 10 ft with a front yard setback
that exceeds the required 25 ft. setback .0002 per sq. ft. max. .03
12. Reduction in building height. .006 per ft. or fraction thereof with
a max. of .03
*Platted as of the effective date of this ordinance.
(4) (c) Building and Wall Height.
(a)L11 Maximum building height is 35 ft. The height of a building shall be its overall
height measured from the Base Flood Elevation to the Highest point of the
building roof for Elevated Homes and from the crown of a road to the highest
point of a roof for Non -elevated Homes. There shall be no limitation on the
number of stories permitted.
{h3(2) Maximum Exterior Wall Height is 22.5 ft. The maximum height of the exterior
'^- { ) f g-EaRnot o o d t., ent . tw e4get -22..5-€'.. Ali€ma i mu31m R all
10
height may be increased at a rati 8:12 (up to the Maximum Building Height) as
the n-sethae-1 o_ ila: + e igh =n der t
sh 11 be limited t,. 25 ft f-er—. home
a. The maximum exterior wall height for a one story structure is 15 feet:
however. nothing herein shall prevent vaulted or clearstory walls with a maximum
height of 22.5 feet.
b.
The maximum exterior wail height is 22.5 ft. above the lowest finished
floor.
c. The maximum wall height may be increased at a ratio 8:12 (up to the
Maximum Building, Height), as the wall is setback from the Building Line.
¢c---) i Exceptions to the maximum height requirements. Height and Lo'at=on: Where a
struct re is permitted to exceed the maximum height restricti rs, that structure
the enclos-ed porti n must be 70% open on each exposed side.
a. Chimneys, flag poles. belfries:
Mechanical equipment, HVAC,
and elevators:
ten feet above the highest
point of the roof
ten feet above the highest
point of the roof, shall be
completely screened from a
view measured at the front
property line on the opposite
side of :the street from the
structure. the Director may
require a line -of -sight study
c. Architectural features: shall not exceed 3 ft. in height nor
occupy more than. 3 sq. ft. in
area
* The maximum height under par a tip!: (1)(} above shall be limited to 15 feet
for One Story Homes.
11
(d)---Se-c-,-39--56 Lot elevation.
($(1) Generally. For the purpose of regulating lot elevations there is hereby established
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 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 twenty-five feet (25 ft.) from any war -way, body of water.
(h)(2) Height
(1)a. "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)b. "Rear Zone". When a lot is filed 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.
(3)c. "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
six inches (6") above the existirg bulkhead: however in no instance shall the
height of a bulkhead or lot be raised to a height that exceeds the maximum
elevation as established in the "Rear Zone".
(4)d. Exclusions. Where necessary for the implementation of septic systems the
aforementioned requirements may be waived by the Director for only the that
portion of the lot required for the septic system. Under no circumstances shall
said exclusions exceed minimum requirements for area and elevation.
Pools, Pool decks, Terraces. Pools, pool decks and terraces which are located in
compliance with the principal building required setbacks for all structures and are
included in lot coverage computations may exceed the above the height
restrictions established in subsection (2) stated restrictions up to a the maximum
elevation f B.F.E. are included in the lot coverage calculation.
f. Pools, pool decks and terraces which do not exceed height limitations as provided
in subsection (2) and the required setbacks for all structures are not included in
the lot coverage calculation.
(1)
PRINCIPAL BUILDING PLACEMENT (SETBACKS)
(e) Setback Regulations (Minimum)
12
Front
20 ft.*
25 ft.
25 ft.
25 ft.
20 ft. *
Rear
25 ft.*
25 ft**
25 ft.
25 ft.
25 ft. *
Side,
interior
One story 7.5 ft.
7.5 feet for an
addition of a second
or hi2her story
which contain less
than 50% of the
floor area of the fast
floor.****
Two stories or more:
The sum of the
sideyard setbacks
shall not be less than
25% of the width of
the lot with no side
yard less than 7.5
feet.
Non -waterfront lots:
One story 7.5 ft.
7.5 feet for an
addition of a second
or hider story
which contain less
than 50% of the
floor area of the first
floor.****
Two stories or more:
The sum of the
sideyard setbacks
shall not be less than
25% of the width of
the lot with no side
yard less than 7.5
feet.
Waterfront lots: 15
feet
One story 7.5 ft.
7.5 feet for an
addition of a
second or hider
story which
contain less than
50% of the floor
area of the first
floor.****
Two stories or
more: The sum of
the sideyard
setbacks shall not
be less than 25%
of the width of
the lot with no
side yard less
than 7.5 feet;.
All stories 5 ft
The sum of the
sideyard
setbacks shall
not be less than
30% of the
width of the lot.
One story
7.5 ft.
7.5 feet for an
addition of a
second or
hider story
which contain
less than 50%
of the floor
area of the first
floor.****
Two stories or
more: The sum
of the sideyard
setbacks shall
not be less than
25% of the
width of the lot
with no side
yard less than
7.5 feet-.
Side
facing a
street
15 ft.
15 ft
15 ft.
15 ft.
15 ft.
*Allowable 15 foot front and rear yard setback subject to the requirements of the table below. The
15 foot rear setback requires the installation of a dense landscape screen with a height of at least ten
feet at time of planting.
13
Number of Stories
Height of Wall
Wall Length
1
15 ft.***
40% of the width of the lot
2 or more
22.5 ft.
34% of the width of the lot
Garages
Shall provide a 22 ft. setback if the entrance faces a street; The
elevation facing the street shall appear as an integral residential
part of the structure including
and finishes, line.
windows r of
** Within the Village Estate District the following properties shall provide a waterway setback of
50 ft.: 200-290 Harbor Drive.
***However, nothing herein shall prevent vaulted or clearstory walls with a maximum height of
22.5 feet.
****For a tri-level home, the portion of the floor area associated with the half level shall not
count as part of the second story floor area.
A Porti n cf the principal structure in the VR and PS Residential Districts may extend to a point up
to 15 ft. from the fr nt and r rear property line when that pet''on of the structure is no greater than
15 A setback -When thet p of the veater
than 25 ft. in wicth, the wall height may not exceed 11 ft. as measured from BFE (elevated) or the
lowest finished fl or (non. elevated).
(f) Permitted Encroachments in Required Yards
Scc. 30 62 Boat Storage.
(a) a. The term "boat" as used herein includes vessels and other watercraft,
as defined in Section 327.02(36), F.S.
(b)
b. Boats less than 26 ft. in length, not more than 96 inches in width and
13 ft. 6 inches in height (bottom of hull to the highest point on the boat
including towers and T tops), may be stored in the VR, VE, IR, PS, RU, EU,
and GU Zoning Districts subject to all the following conditions:
(1) 1. No more than one boat may be stored on any one Lot
unless stored in an enclosed garage, and
(2) 2. Boats and place of boat storage shall be kept in a
clean, neat and presentable condition, and
(3) 3. No major repairs or overhaul work on or for a boat
shall be made or performed on the Lot, and
14
(4) 4. The boats shall not be used for living quarters, and
shall be placed on and secured to a transporting trailer, however,
nothing herein shall authorize the parking of a trailer on any Lot
without a boat. Personalized watercraft (jet ski, waverunner or
similar watercraft) as defined in Section 327.39 F.S. and canoes as
defined in Section 327.02(3), F.S., are rtet required to be placed on a
trailer pursuant to this Section (canoes as defined in Section
327.02(3), F.Sare not required to be placed on a trailer)..-, and
5. Boats stored in a yard that faces a street shall comply
with the followine: the trailer wheels shall be placed on a hard paved
surface and the boat shall be perpendicular to the house.
(2) Sec. 30 59. Decks, Pools, and Screen Enclosures.
(a) Decks including patio decks with or without a pool, whether of wood or other
construction, arc subject to the following setback limitations:
a. Decks shall provide a 5 ft. setback to any lot line.
b. Decks and swimming pools shall not exceed a height greater than that
allowed for Maximum Lot Elevation.
Rear 5 ft.
Interior side 5 ft.
Front 5 ft.
Side street 5 ft.
(b)c. Pools. Swimming pools, shall be subject to the following Setback
limitations and shall not exceed a height greater than that allowed for the Maximum Lot
Elevation:
15
t#r:H9t;rtM
Yard
2 `o-
tt of
��tEj
Village
esidential
has •
illa
Esta
�.
Nt
sit
!t4 z
Q . <
� �r ad
� � ;Fx,t
� #E=j r k.(,<r+
e i ntlal
Y rfi'2 S
rig s
Restde p
tii� i3
�p
}.,. e
t
1 ential:
�'�� t i§v
Front
6.5 ft.
10 ft.
25 ft.
25 ft.
6.5 ft.
Rear
6.5 ft.
6.5 ft.*
6.5 ft.
6.5 ft.*
6.5 ft.
Side, interior
6.5 ft.
6.5 ft.
6.5 ft.
6.5 ft.
6.5 ft.
Side, street
6.5 ft.
6.5 ft.
15 ft.
6315 ft.
6.5 ft.
* * There shall be no rear Setback limitati n for Waterfront Lots shall provide
a four foot setback.
The foregoing Setbacks shall be measured from the water's edge.
d. (E)Screen Enclosures. Where a screen enclosure is used to enclose a pool 1
or other area of a residence, it shall be limited in height to 22.5 ft. and subject to the
following Setback limitations:
4
il Y3 f #i fv ,
age
t }�
r e
£:
DTs
Reside
] 1� 5
i1} %t�r� v
1 a 9 a al
y3 £ o 5
. e
fry
arkstde
kesidentiald
xr
Village
state
�F#`• # "
Front
/0 ft.
95 ft.
25 ft.
25 ft.
20-€t.
Not
Not
Not
Not
Not
permitted
permitted
permitted
permitted
permitted
except for
except for
except for
except for
except for
porches
porches
porches
porches
porches
Rear
5ft.
25 ft.
5ft.
25 ft.
5ft.
Side, interior
5 ft.
5 ft.
7.5 ft.
15 ft.
5 ft.
Side, street
15 ft.
15 ft.
15 ft.
15 ft.
15 ft.
Notwithstanding the forgoing, the height of a screen enclosure shall not exceed 8.5 ft. above the
Base Flood Elevation at the rear and side Setback, with a gradual transition (8:12 ratio) to any
greater height (up to the maximum height allowed).
Lai See 3. Docks and Mooring Piles.
16
(Oa. 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.
1. All docks, fenders, watercraft and mooring piles
must be set back a minimum of ten feet (10 ft.) from each side
property line extended.
extend beyond the side property line extended.
2. No Mooring pile shall have a height exceeding 13
feet above NGVD ("National Geodetic Vertical Datum") nor
extend into waterway a distance more than twenty-five (25 ft.) feet
or 20% of the waterway width at the point of extension, whichever
is less.
3. All docks and mooring piles shall be constructed in
accordance with Section D -5.03(2)(a) of the Dade County Public
Works Manual (see diagram below).
DOCKS, WATERCRAFT
AND MOORING PILES
NMAT AP NT'PWTM
17
.4.44.4-444.44.44=4444.41-- 47-44444•44
Bioc..yue Bay n.1 1=1-a eafte Harbor shall beg eel by. th f ll 7
No Deck Moor ng pile shall extend into Biscayne
Bay a distance of more than 25 ft.
(3), No dock shall extend into Hurricane Harbor a
distance more than twenty five ( 5 f .) feet or 20% of the Harbor':,
width at the point f extension, whichever is greater less.
(4) Mooring piles and Dolphins may not extend more
than twenty (20 ft.) feetfrom the dock line.
following regulations:
(1) Docks and Mooring must be set back a minimum of
(2)5. No Dock shall extend from a bulkhead into any
canal, lake, or waterway a distance greater than five --ten (5-10 ft.)
feet, not to exceed 10% of the waterway.
waterwa wat then t,. f (25 < ) e
} cr�Y+'r'f-R-¢iSi$ncc=mvn—ernmrrTcrs`xi--rr'�c�rrri-rn, -r
r 10% f the Canal, Lake r waterway width at the p int f
extension, whichever is greater.
(4)6. 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
(188 inches from the property linebulkhead.
(4)--Sec--.--3-0-5-S.- Driveway and Parking Criteria. The following provisions shall apply
to all single family and two family developments:
18
(1)
Driveways.
a. Points of Access. Except on a Corner Lot, all driveways shall be
limited to two points of connection at the intersecting right-of-way. On a Corner Lot, a third
point of connection shall be permitted so long as there are not more than two points of
connection along one street.
b. Driveway material. All driveways shall must be paved or covered
with a hard surface such as but not limited to concrete,pavers, bricks, tile, pea rock, gravel and
similar materials. but not asphalt. This paving requirement applies to the construction of new
single family and two family homes on vacant lots or any work on existing homes which costs
50% or more of the assessed value of the property. Driveways, which are paved with asphalt,
are permitted to be retained unless the value of renovation work exceeds 50% of the assessed
value of the property. Aprons (edge of pavement to property line) shall have the same finish as
the driveway or asphalt; however, pea rock is not permitted.
c. Setbacks. All driveways must shall be set back at least 5 feet from
any side property line. All circular driveways must shall be set back at least two 2 feet from
any front and/or property side street property line. On Corner Lots, driveways must shall be set
back 15 feet from the extended right-of-way intersection.
d. Width. A maximum width of 24 feet is permitted for a Lot with 75
feet or less of fiontage at the property line. For all other Lots the width of a driveway or
combination of driveways at the point of intersection with the right-of-way shall not exceed the
lesser of 36 feet or 32 percent of the Lot's frontage, including side street frontage on Corner
Lots.
Commercial Vehicles. No Commercial Vehicle shall be parked or stored overnight except in a
garage or carport; however one vehicle that is used for commercial purposes may be placed on the
property. A sign measuring no more than three square feet may be placed on either side of such
vehicle.
3.
(2)
Parking. Parking spaces must be paved or consist -of a hard, durable and dust free
surface... hi. -h allowu sate vehicul r ..nd pedestrian ft....,
(5) Seer -30 -60. —Fences and walls.
(Oa. Generally. For purposes of regulating perimeter fences and walls, there is hereby
established 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 25 feet from any waterway.
19
(b)b. Maximum Height.
(11. Front Zone. Except f r arches, c lumns, gates and other mamental entry
feat e a to t fc t h^ ght
, The height of a fence or wall
rzc. cv eib cc we in _
between any building and adjacent street(s) or side lot line shall be limited to 6 feet
as measured from the crown of the road, except arches, columns, gates and other
ornamental entry features may extend to 8 feet in height.
(2)2. Rear Zone. The maximum height of a fence or wall is 6 ft. measured from
the average elevation of the lot but in no instance shall the height exceed 8 ft. when
measured from the adjacent property, except arches, columns, gates and other
ornamental entry features may extend to 8 feet in height.
contiguous lot is further limited to eight feet, except by mutual consent of the
contiguous lot wners, the height may extend to four and one half feet above BFE.
413. Waterfront Zone. Four feet `.^m the ^ht of th
b
.isti, n t fal gran , measured from the elevation of the lowest point of the Rear
b
Yard.
Fence Finish Materials and Restrictions.
(1)1. All walls between building and the ad:acent streets) . ,st shall be
finished on all side(s). Masonry walls must shall be stuccoed and painted -and -weed
fences must have no exposed nail points. except where adjacent and contiguous to an
existing wall
(2) Rear Z ne. All concrete walls must bo finished on the exterior face
(stucco and paint) except where adjacent and contiguous to an existing wall.A1l
.....7 f n .st he finished s.. that T,.. ail p intz sse e siNe
2. Wood shall have the structural side of the fence facing the interior of the
property.
(443. Chain link fences are prohibited in the Front Zone.. y yard, which
faces --a met However chain link fences associated with court games are
permitted in pursuant to subsection 19. Where permitted, chain link fences shall
be coated with black or green finish materials
4. Perimeter walls and fences (including chain link) which face a street
shall be screened with a hedge (which may be placed within the swale if in
accordance with Chapter 21, "Public Rights -of -Way") except for walls and
20
wood fences which are painted on both sides with a maximum height of 42
inches. At time of planting, the hedge shall have a minimum height of 24 inches,
planted on 24 inch centers:
L2 Front Yard Encroachments.,
a. Fountains. One with a maximum height of 5 ft. occupying no more than 100 sq. ft.
with the following setbacks: front 5 ft. interior side 5 ft. and side facing a street 10 ft.
b. Decorative In -ground reflecting Pool. One with a maximum depth of 1 ft. with the
following setbacks: front 5 ft. interior side 5 ft. and side facing a street 10 ft.
c. Streetlight. Maximum height of 10 ft. and no limit on the number.
d. Basketball Pole or Similar Court Games. 5 ft. from a side lot line.
Sec. 30 61. Accessory buildings and uses.
this Ordinance.
fb}(7) Utility Sheds, Gazebos and similar structures. '
feet to any front or side street property line and are limited to 10 feet above the Maximum Lot
one Lot.
a. Maximum Height: 10 feet wall height above the Maximum Lot Elevation
b. Location: Not permitted in the Front Yard
c. Setbacks, Sideyard: same as the Main Permitted Use. However, the required rear
yard setback is 10 ft.
d. Size: 200 sq. ft.
Construction Materials. Limited to concrete, block, stucco, wood, and brick
or similar materials. Aluminum, sheet metal,
fiberglass are prohibited
f. Roof Top Access: Prohibited
g, Number 1
h. Waterfront View Corridor: No structure shall be permitted within an isosceles
21
triangle with each side measuring 25 ft. at the
intersection of the rear and side lot lines.
(c) Prohibited Materials The use of fiberglass or any atypcal aluminum or other metal
sheeting shall be prohibited as a c ver f r Access ry Buildings, unless the roofing material '-
applied-te4flat-feef-anel-iiLisible4e-m-t-he-stmetrAeeesseay-Baileliags-(ether-thea-utility-sheds-)--shall-
that-ef-the-prineiple-stpueturew
sub;eet to the fe lowing front ide d rea,- Setbael itatio..e
occc�r..c vr. vrsr?zx�.xxms, sicv�aixv xom ocm¢s 1si.?cs¢vnm
Yard
rt
t ;�#y L; . t�+{ll
z
dqy=1
{ ?
eq
cs ii
A '�'
ye§ R
Fp k k
{ ne
£i k• i4 5y {+t }l i ft
r Jlla
Front
Net
wed
Net
permitted
Net
Net
peafflit-ted
Net
permitted
Rear
5 ft.
5 ft.
5 ft.
5 ft.
5-f
i n€erior
15 ft.
15 ft.
15 ft.
15 ft.
10 ft.
-Side-
street
7-44
7.5 ft
7.5 ft.
15 ft.
7.5 ft.
(f) Accessory Buildings must be separated from the principal building a minimum
(g) N rooftop access. No rooftop access is permitted for any accessory structure located in
ther of interior Iota
(h) li'aterfront View C rrid r Not withstanding permitted setbacks listed in Section 30 61
(d), Access ry Buildi.ngs 1 cated in the rear yard f waterf not 1 is must be 1 cated s as n t t
encroach into the waterfront view corridor. Th€ Waterfront \ie.. refador .an b by
triangles commencing at each property corner at extending along the rear and side lot lines for a
distance of 75 ft. feet.
22
Hedges. No height or setback limitations, except for the line -of -sight
requirements contained in Chapter 21 of this Code.
1,21 Heating, Ventilation, and Air Conditioning Equipment Setback Regulations. The
use and location of heating, ventilation, and air conditioning equipment (HVAC) and
swimming pool equipment shall be limited as follows: HVAC compressors are subject to
the following setback limitations:
l }{$
aExl Ut
4i G R
R�dt h lk
r !'a
I i
illage
4 sta „'Re
E te
3 iv 'F� .!
H IR
an
al �i;��� d
c�tr
..3vx'a
,
d
� � � less r i
l esi�f ai(intsi4' ;i(araterirbnt
:,xT. lt<4
Rt
�SWv
„� � iiSSn �Ff..
- +43ai 'Lk,•,.,.
Front
10 ft.
20 ft.
20 ft.
20 ft
15 ft.
Rear
10 ft.
20 ft.
20 ft.
20 ft
20 ft.
Side, interior
4 ft.
4 ft.
4 ft.
10 ft.
4 ft.
Side, street
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Additionally, HVAC compressors must shall be installed on an acoustically soundproofed
base or ledge with a visual screen from the right-of-way at the front of the Lot and a solid
acoustical screen from the adjacent property. properties lying along the side of the Lot,
which . The acoustical screen shall extend at least one foot above the top of the
compressor.
110) Motor Homes and Trailers. No vehicle that has accommodations that permits it to be
inhabited overnight shall be permitted unless it is stored in a aarase or carport.
(9111 Sec. 30 57 Drainage buffer. Pavers and Walkways in Side and Rear Yards. The
buffer strip within and along the interior side and rear pr perty lines. Pavers or other
walkway material may be placed within the 1�� d -a ea -Side or Rear Yard so long as
they do not materially affect the drainage characteristics of the area. The maximum width
of the walkway is 5 ft. but in no instance shall the setback be less than 4 ft.
(4812) (2)Pcrmittcd Encroachments into Required Setbacks. The following distance&
pertain to encroachment Setbacks as measured from the front and side street property
lines s •o p ,ide certai., Setback.. for the below listed a otruetures i,, lie.. of
Porches, Porte-Cocheres, and Carports/Carport Canopies Setback Regulations .
The following uses are permitted to encroach into required yards subiect to the following
23
Setbacks for Sideyards:
se
VR
jResidential;
t)sCand
Y k}S F.
Resided tial
1
rrU"z[s e 1"
Residential
ea
s' t x3,t , s
E st
Porches
10 ft.*
10 ft.
15 ft.
10 ft.*
Porte-Cocheres
10 ft.
10 ft.
15 ft.
10 ft.
Carports/Car-
port Canopies
10 ft.*
10 ft.
15 ft.
10 ft.*
* If a deve opment has a porch and a carport, then one of these shall provide a 15
ft. setback.
The placement of the above uses in Required Yards are subject to the following
height, area, and design requirements:
a. Porches: The maximum width of any porch or combination of porches
may not exceed 60 percent of the Average Lot Width. The maximum wall height of
Porches may -shall not exceed 14 feet above the maximum permitted Lot Elevation
Base Flood Elevation.
b. Carports and Porte-Cocheres which encroach into the principal building
Setback are limited to 500 square feet in area and only one such encroachment is
permitted per street frontage. The maximum height (to top of structure) of Carport
and Porte-Cochere encroachments may shall not exceed 14 feet above the
maximum permitted lot elevation.
c. Carports, Porches and Porte-Cocheres en -o..^"m ^t^ may shall not form
an integral part of the principal roof structure.
d. Carports Canopies are limited in height to 10 feet above the Maximum Lot
Elevation and are limited in area to 300 square feet.
13. Projections. The following structures are permitted to proiect into a required yard for a
distance not to exceed 25% of said vard with a maximum projection of 6 feet: awnings,
balconies, bay windows (maximum width of 10 feet), canopies, chimneys, cornices, sills,
walkways and other architectural features that the Building, Zoning, and Planning Director has
determined are consistent with this subsection. If steps and landings are located in a required
sideyard, the maximum projection is 3.5 feet; however the width of sideyard at the location of the
steps and landing shall be a minimum of 4 feet. If a perimeter wall or landscaping is not located
along that portion of sidevard which faces the steps, then the side of the steps shall be enclosed
with a solid wall or landscaping.
24
14. Steps in the front yard shall have a maximum width of 10 feet.
(15) Retaining Wall, Required. A retaining wall shall be provided in the following instances:
a. Any portion of a lot that has an elevation of 2 ft. or more above the crown
of the road
b. If a drain field is placed in the front yard.
(15) Sec. 30 51. Roof, top and Roof Overhangs and Rooftop Uses. -{a} Principal building
roofs in all single family districts shall adhere to the following regulations:
a. Hip Roofs shall be symmetrically pitched between 4:12 and 8:12 ratios.
b. Gable End Roofs shall be symmetrically pitched between 6:12 and 12:12
ratios. Profile molded gables may be pitched to a 4:12 minimum ratio.
c. Flat roofs shall have a minimum parapet height of one foot (1 ft.)
d. Shed Roofs shall have a minimum pitch of 3:12 ratio.
{b9e. _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.
f. 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.
(e)g. Recreational uses: No recreational facilities shall be permitted on the roof
of any structure within the single family zoning districts.
h. New pitched roofs shall not use gravel or tar except for the re -roofing or
repairs of existing areas.
(16) Satellite dish antennas. These antennas shall comply with the following regulations:
a. Shall not have a diameter that exceeds one meter.
b. Shall be placed in a location to minimize its view from any public street.
c. Shall employ, to the maximum extent possible, materials and colors that
blend with the building and surroundings;
25
(1517) Sheds
a. Maximum Height: 7.5 ft. above the Maximum Lot Elevation
b. Location: Not permitted in the Front Yard. Sheds are
also not permitted in any sidevard facing a
street unless it is behind a wall or
landscaping that prevents the shed from
being seen from the road
c. Setbacks side 7.5 ft., side facing a street 15 ft, rear 5 ft.
d. Size 100 sq. ft.
e. C nstruction Materials Materials to match those used in the single
sheetmetalis prohibited.
fe. Roof Top Access Prohibited
f. Number 1
Waterfront View Corridor Waterfront properties shall provide the
following: No structure shall be permitted
within an isosceles triangle with each side
measuring 25 ft. at the intersection of the
rear and side lot lines.
(1618) (2) Solar Heating Panels. All solar panels must shall be visually screened from he
adjacent right(s)-of-way, or set into the roof so that the upper roof surface abuts the side
of the solar panel.
(1719) (3) Swimming Pool Pumps, Heaters, and Similar Equipment. The—leeatiee—of—all
G vimming pool pumps and other equipment associated with the use of swimming pools,
ncluding hsdr h ,l b bJ t t . t ,, f li DSe. , , . ti.o These uses are
b
permitted to encroach into required yards subiect to the following Setbacks for Sideyards
measured from the water's edge:
26
t ii
z Vt
q
i �3ttrz
age
z?7't:
;a ,;
l '.#:'
Est �tf
E. - .'. i.�sti,Lk!:
,Ks.zU
Ts n�
i R tz'
Resxd a
$"'t
i nti ML_;}U;
}4 if4 R
¢ _
sand�,,,
tlz z
Res eb ..t
ti.f �$ vt.{¢
aiD f-
Ics�
��� ��� :rY ..•
Front
40 -ft,
Not
10 ft. Not
15 ft.Not
15 ft. Not
10 ft. Not
permitted**
permitted**
permitted**
permitted**
permitted**
Rear
10 2ft.
10 2ft.
48-2ft.
10 2ft.
10 2ft.
O ft. if
Oft. if
waterfront
waterfront
Side,
interior*
4 -fir
2ft.
4 -ft;
2ft.
4-€t:
2ft.
4 -0 -ft,
2ft.
4 -ft:
2ft.
Side,
street*
1O ft. 2 ft. if
10 ft. 2 ft. if
15 ft. 2 ft. if
15 f". 2 ft. if
10 ft. 2 ft. if
behind an
behind an
behind an
behind an
behind an
opaque wall,
opaque wall,
opaque wall,
opaque wall,
opaque wall,
otherwise
otherwise not
otherwise
otherwise not
otherwise
not
permitted
not
permitted
not
permitted
permitted
permitted
* If the equipment is located in a s'deyard, landscaping shall be planted which
obscures views of said equipment.
** If a pool is permitted pursuant to section 30-100(0(21, the equipment shall be at
least two feet from the side property line. but inno instance shall it be placed in a location
that allows it to be seen from the street.
27
(20) Tennis Court and Similar Court Games: The following regulations shall apply for
fences, lightpoles, or other accessory structures associated with court games:
a. Front Yard - Not permitted
d. All chain link fences shall be coated with
green or black materials
b. Required Side and Rear Yard: maximum
height of fences shall be 10 ft. and fences shall
be setback 7.5 ft. from the interior Side or Rear
Yards. When the fence faces a street, the
maximum height shall be 10 ft. and the fence
shall be set back at least 15 ft. from the property
line.
e. Any play surface, whether paved or
unpaved, when associated with said court
games, shall have the following minimum
required yards: front- not permitted, interior
side - 7.5 ft. any side facing a street - 15 ft.
rear-7.5ft.
c. Accessory lighting fixtures, when
customarily associated with the use of court
games, shall be erected so as to direct light only
the premises on which they are located. The
maximum height of light fixtures shall not
exceed 10 ft. when located in a required yard;
otherwise, the maximum height shall not exceed
20 ft. Light is not permitted to be cast on any
public right of way.
(21). Utility Lines on Private Property. Developments on vacant lots and additions and
rehabilitation work where the value of work exceeds 50% of the assessed value of the
building, shall have all overhead utility lines (power, cable, telephone, etc.) placed
underground.
(22). Waterfront View Corridor: No structure shall be permitted within an isosceles triangle with
each side measuring 25 ft. at the intersection of the rear and side lot lines; however, a
hedge, wall, or fence with a maximum height of 4 ft. is permitted.
(g) Supplemental Use Regulations in Single Family and PS Parkside Residential Districts
(1) Bed and breakfast Inns. Subject to the following regulations:
a. It is located in an existing single family building with a floor area not
exceeding 2000 sq. ft. and built prior to the adoption of this ordinance;
b. The owner of the bed and breakfast inn shall permanently reside in the
building;
c. The structure shall maintain public rooms (living room/dining room) for
use of the guests;
28
d. There shall be no cooking facilities in guest rooms withthe exception of a
microwave oven. One refrigerator with a maximum capacity of 5 cu.ft.
shall be permitted in each guestroom;
e. Breakfast shall be the only meal served on the premises and shall only be
served to registered guests. No other meals shall be provided. The room
rate shall be inclusive of meal if it is to be made available:
f. The entire building shall be substantially rehabilitated and confotu to the
South Florida Building Code, the Code of the Village of Key Biscayne,
and the Fire Prevention and Life Safety Code on the date a Certificate of
Use and Occupational License are applied for;
g. One non -illuminated building identification sign is permitted. The sign
shall not exceed 1 sq. ft. and shall only be located on the building_
h. The building shall have central air conditioning;
The required off-street parking shall be the same as for a single family
residence. The Building, Zoning, and Planning Director may require
additional parking only if the single family character of the property is
maintained with adequate landscaping and open space. Tandem parking is
allowed. The parking area shall have a hard surface as required in Section
30-180 (f); and
These regulations apply to those facilities. which may be operating. but
without any approval from the Village. They are required to comply with
these regulations within 90 days from the date this ordinance i.s adopted.
These regulations also apply to prospective facilities.
k. The Building Zoning and Planning Director may place conditions on this
use to ensure that it is compatible with surrounding properties.
a Community residential facilities
a. Total number of residents and/or day users is limited to six (6);
b. That the applicant must obtain a license from the State regulatory agency
responsible for the regulation of such uses;
c. A Certificate of Use and an Occupational License shall be required. No
such certificates shall be issued unless the Fire Department approves the issuance
of said certificates. The care provided at the facility limited to personal care,
29
shelter, sustenance, and other support services. Residents and day clients shall be
ambulatory: and
d. The building shall have central air conditioning,
(3) Day Care Facilities
a. Total number of children on the premises at any given time, including
those who reside in the residence, shall not exceed six (6);
b. That the age of children, excluding those of the resident family, shall not
exceed eleven (11) years of age;
c. That the applicant obtain a license from the State regulatory agency
responsible for the regulation of such uses; and
d. A Certificate of Use, a Certificate of Occupancy, and an Occupational
License shall be required. No such certificates shall be issued unless the Fire
Department approves the issuance of said certificates.
e. If a swimming pool is present. fencing shall include a self -closing and
locking gate, 42 in. high with vertical members every 4 in. on center surrounding
the entire pool.
f. These regulations apply to those facilities that may be operating but
without approval from the Village. These facilities are required to comply with
the above regulations within 90 days from the _date this ordinance is adopted.
These regulations also apply to prospective facilities.
g. Hours of operation shall be limited to 8:00 a.m. — 7:00 p.m., Monday
through Friday. Day Care Facilities shall not be operated on national holidays.
f4) Home Occupations
a. Signage is prohibited.
b. No customer may be served in the home.
c. Employees in the business are limited to full time residents of the dwelling
unit
d The business requires a Village Occupational License.
30
((h) Grand Bay Estate Development Regulations. The following regulations shall apply to this
development consistent with the approved Site Plan:
W Setbacks
20
5
5
20
Principal Building
Porches, Porte-
Cocheres.
Carports/Canopies
10
10
10
10
Mechanical Equipment
10
3
10
10
Swimming Pool Pumps
and Equipment
10
3
10
10
Pool Decks
5
5
5
5
Swimming Pools
5
5
5
5
Screen Enclosures
20
5
15
5
Accessory Buildings
15
5
5
5
al Development Regulations
Min. Lot Frontage
Min. Lot Area
Min. Pervious Area
45 ft.
6,000 sq. ft.
25%
egatation"
Row ement
Max. Lot Coverage
40%
Max. Floor Area Ratio
.68
31
a) Grand Bay Villas Development Regulations. The following regulations shall apply to this
development consistent with the approved Site Plan:
01 Setbacks
Principal Building
15 ft.
15
20 ft. for
50% of
width of
bldg. 10 ft.
for
remainder
0 ft. one
side
10 ft one
side.
one story
ft.
two story 20
ft.
Porches, Porte-
Cocheres,
Carports/Canopies
lO ft.
10 ft.
10 ft.
10 ft.
Mechanical
Equipment
35 ft.
2 ft.
2 ft.
2 ft.
Swimming Pool
Pumps and Equipment
35 ft.
2 ft.
2ft.
2ft.
Pool Decks
35 ft.
2 ft.
2 ft.
2 ft.
Swimming Pools
35 ft.
5 ft.
10% of lot
width, min.
15 ft.
5 ft.
Screen Enclosures
20 ft.
4ft.,0ftfor
zero lot line
sides
lO ft.
5 ft.
Accessory Buildings
10 ft.
5 ft.
5ft.
5ft.
32
(2) Development Regulations
.egulation "{
i� 3{e` tk I$fk i tt e rEit$
ntremcnt;.;
Min. Lot Frontage
50 ft
Max. Lot Coverage
50 %
Min. Lot Area
5,000 sq. ft.
Max. Floor Area Ratio
.80 Main
.07 Porch
Min. Pervious Area
20%
(1) Supplemental Landscaping Regulations. These regulations are in addition to those listed in
Article 9. Single family homes and duplexes shall provide the following landscaping prior to the
issuance of any type of occupancy or approval to occupy the building. The landscaping shall be
maintained and remain in place for the life of the building. If the landscaping is replaced a
permit is required and shall include materials that match the below specifications:
1. One shade tree shall be provided for every 1875 sq. ft. All shade trees shall have an 6 ft.
clear trunk or height of 12 ft. Palm trees may be used at a ratio of 3 per 1 shade tree, but
in no instance shall the front yard have less than 1 shade tree and three palms, or two
shade trees. A11 palms shall have a 6 ft. clear trunk or height of 14 ft.
9
In any yard, which faces a street, shrubs shall be provided at the ratio of 20 per tree
planted at a minimum height of 24 inches. Hedges shall be planted 24 in. on center with
a continuous, unbroken, and solid screen.
3. When the structure has a side wall in excess of 35 feet in length. there shall be a dense
hedge along the property line adjacent to all portions of the wall greater than 35 feet.
4. The area within 5 ft. of a side lot line that is also within 25 ft. of the rear property line
shall be planted with a dense, landscape screen at a height of 10 ft.
5. For those portions of the structure with a rear setback of less than 25 ft. the area within 5
ft. of the rear property line shall be planted with a dense, landscape screen at a height of
10 ft.
6. In -ground irrigation system shall be provided.
Section 5: That Section 30-103, "Hotel Resort District," of Article V, "Schedule of
District, Use, and Development Regulations," of Chapter 30 "Zoning," of the Code of the Village of
Key Biscayne as follows:
33
Sec. 30-103. Hotel Resort District.
(a) Purpose and Uses:
DistrictkPurpose=t
t i '
�
Yt i n 'er tfed
Conditional
��'
Accessory Use
1tPr ' eoh l s£,
This district is
designed to promote
the development of
ocean resort hotels
and multiple family
residences.
Hotel
Apartment
Building
None
Any Use that is
customarily
associated with the
Main Permitted
Uses (See Sec. 30-
111)
Any Use not listed
as a Main Permitted
Use, Conditional
Use, or Accessory
Use (See Sec. 30 -
113)
(b) Development Regulations:
g
the above development regulations shall not preclude the repair or reconstruction of any building
natural di aster or oth r ,.,lty
Section 6: That Section 30-112, "Supplemental Use Regulations," of Article V, "
Schedule of District, Use, and Development Regulations," of Chapter 30, "Zoning," of the Code of
the Village of Key Biscayne is hereby amended as follows:
Sec. 30-112 Supplemental Use Regulations
*
(0 Community residential facilities:
(1) Single-pamily and -P arlasi eside+ tza Dis c-ts:
a. Total number of residents and/or day users shall not exceed six (6);
b. That the applicant must obtain a license from the State regulatory agency
c. t Certi€icaate=of Use-avidd apati . Se ah 1, Tai_ d e
p f ,.aid ce,. caten; and
34
and ther supp rt services. Residents and day clients shall be arnbulat ry.
Eli Where p itt et1;er , g dicthctc, thew These facilities shall be considered
subject to the Conditional Use procedures set forth in Section 30-72 and restricted to
those districts which list such Use as a Conditional Use subject to the following
restrictions:
(1) Restrictions as set forth in subsecti ns b d ab vobelow;:
a. That the applicant must obtain a license from the State regulatory
agency responsible for the regulation of such uses;
b. A Certificate of Use and an Occupational License shall be required.
No such certificates shall be issued unless the Fire Department
approves the issuance of said certificates; and
c. The care provided at the facility limited to personal care. shelter,
sustenance, and other support services. Residents and day clients
shall be ambulatory;
(2) Site Plan Review approval as set forth in Section 30-80; and
(3) Density shall not exceed 16 units per acre. If the Community Residential
Facility is located on property that contains several other Uses, then only the
area that is directly associated with the Facility shall be used to determine
density. For density purposes, two beds equals one unit, regardless of the
number of sleeping rooms.
(g) Day Care Facilities:
_ (_) gle G' ly and nc Parlceide Renident'l�isti tz:
a. Total number of children n the premises at any given time, including those
who-rseiide-ini t- ie-reesi vncee, "3 all not-€xcee`ld ffwe(
Th t the F hild 1 di th f th
exe
Tv¢c c�xo 8.g^C yr cux arcn, `dicce:aw"ig nxv$c ox cxxc %�
..eA le. (11) ef-ag
zr`,h.at the applteant obtain a license from the S;
e D
�:ble for thy. reg.,lati waf ouch ,. n
License shall be required. No such certificates shall be issued unless the Fire
35
Department a s the ; of rtif; k
(21) Commercial, Institutional, Hotel Resort, and Planned Unit Development Districts:
Day care facilities are permitted in these districts subject to Sub cck;ens (d)(`(c d)
abovethe restrictions below as either Main Permitted Uses or Accessory Uses. --Bay
Care Facilities are not permitted in any other district,.
a. That the applicant obtain a license from the State regulatory agency
responsible for the regulation of such uses; and
b. A Certificate of Use, a Certificate of Occupancy, and an Occupational
License shall be required. No such certificates shall be issued unless the Fire
Department approves the issuance of said certificates.
(32) If a swimming pool is on the site, refer to 30-110(f) above for fence requirements.
(43) These regulations apply to those facilities that may be operating in the Village but
without any approval from the Village. These facilities are required to comply with
these regulations within 90 days from the date this ordinance is adopted. These
regulations also apply to prospective facilities.
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 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.
Section 9: 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 10: That this ordinance shall be in full force and effect upon adoption by the
Village Council on second reading. Those site plans and architectural sheet plans submitted with
36
the payment of a full building permit fee prior to the effective date, shall be processed under the
Code as it existed prior to this amendment, but shall expire if a building permit for the
construction of the residential structure is not issued by December 29, 2000. Notwithstanding
the above. any home that has not received a Certificate of Occupancy as of the date of adoption
of this ordinance (October 24, 2000) must comply with the requirements of Section 30-
100(J)(3)and(4).
PASSED AND ADOPTED on first reading this 27th day of June, 2000.
PASSED AND ADOPTED on second reading this 24th day of October 24, 2000.
CONCHITA H. ALVAREZ, CMC, VII T AG
APPROVED AS TO FORM AND SUFFICIENCY:
'Fog•
RICHARD J Y WE :.} 1 GE ATTORNEY
37
MAYOR JOE I. RASCO
Floor Area Ratio Schedule
for
Single Family and Duplex*
esO uptre `-s•� t- "" ''x R ,�i ,- .�„` ^.. rc.' p,.tG
P yyy(` .. ...
Applicability
The FAR Bonus Schedule is only applied to new construction on vacant lots and
developments that exceed 50% of the assessed value of the building. New floor area which
does not meet this criteria shall not result in a site having a FAR that exceeds .47.
N/A
FAR Range
Base FAR PS and VR Districts One platted lot**
VE and IR Districts One platted lot**
Any district More than one platted lot**
One story home regardless of zoning district or number of plattted lots
Max. FAR Developments on one platted lot**
Developments on two platted lots**
A development may exceed the base FAR but contain no more than the maximum FAR as
set forth above subject to an administrative determination by the Building, Zoning, and
Planning Director that the design meets one or more of the below
.30
.36
.13
.36
.47
35
criteria.
FAR
Reduction
VR and PS Districts: Designs that do not receive bonuses 3 and 11
VE and IR Districts: Designs that do not receive bonus 11
-.10
-.10
Site Plan
The FAR bonus must be listed on the site plan page and approved by the
plans reviewer and the Building, Zoning, and Planning Director.
Not
applicable
Certificate of
Occupancy
Completion
No Certificate of Occupancy or Completion shall be issued unless the completed
development includes each of the bonuses listed on the approved site plan.
Not
applicable
Bor ua Criteria
iiow to Calculate/Explanation x
F
1. Porch facing a street
.00005 per sq. ft. of floor area on the porch
.03
2. Open and unenclosed balconies
located above the first finished floor
.00005 per sq. ft. of floor area on the balcony
.03
3. Building located 15-20 ft. from the
.001 per linear ft. of frontage of a wall that is located 15-20 ft.
.03
front property line
from the front property line
4. Building located within 15-20 ft. of
.001 per linear ft. of frontage of a wall that is located 15-20 ft.
.03
the rear property line
from the rear property line
5. Garage and carport containing 2 or
more vehicles parked parallel with
an exterior column separating each
of the spaces
Formula not required to determine this bonus
.03
6. Single story home
Formula not required to determine this bonus
.03
7. Combination one and two story
Second floor occupying less than 50% of the floor area of the
.10
home
first floor under roof
8. Entrances to parking garage
Interior Lot: Placed in a location that does not face the street
.02
Corner Lot: entrance from a sideyard
.02
9. Location of windows
Windows located above the first floor which face an adjacent
building. These windows must be at least 5 ft. above the
finished floor.
or
.01
No windows facing an interior side property line
.03
10. Sideyard setback
VR and PS Districts: .00005 per sq, ft. that exceeds the
required yard
VE and IR Districts: 15 ft, setback
.03
.03
11. Front building walls
VR and PS Districts: structures that provide a front yard
setback of less than 25 ft. which have a
roof at least 3 ft. lower than the roof of the
main building
.03
VE and IR Districts: a portion of the building having a length of
at least 10 ft. with a front yard setback that
exceed the required 25 ft. (.0002 per sq.
ft)
.03
12. Reduction in building heights
.006 per ft. below the maximum height permitted
.03
*This schedule summarizes the FAR Bonuses which are listed in Section 30-100(b).
**Platted as of the effective date of this ordinance (October 24, 2000)
ORDINANCE NO. 2000-14
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RELATING TO AD VALOREM TAXATION;
PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING SENIOR
CITIZENS TO BE APPLIED TO 'MILEAGE RATES LEVIED
BY THE VILLAGE, PROVIDING REQUIREMENT OF
ANNUAL APPLICATION AND SUBMISSION OF
SUPPORTING DOCUMENTATION; PROVIDING FOR
WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL
INCREASE IN THE INCOME LIMITATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on November 3, 1998, voters approved an amendment to the Florida
Constitution providing for an incieased homestead exemption to certain qualifying senior citizens;
WHEREAS, this Village Council desires to implement the additional homestead exemption
for qualifying senior citizens in accordance with the provisions of Section 196.075 of the Florida
Statutes, as created by the 1999 session of the Florida Legislature through its enactment of Chapter
99-341, Laws of Florida (1999).
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. In accordance with Section 6(0, Art. VII of the Florida Constitution and Section
196.075 of the Florida Statutes, any person 65 years of age or over who has legal or equitable title
to real estate located within the Village of Key Biscayne ("Village") in Miami -Dade County and
maintains thereon his/her permanent residence which residence qualifies for and receives homestead
exemption pursuant to Section 6(a), Art. VII of the Florida Constitution, and whose annual
household income does not exceed $20,000.00 shall be entitled to make application for an additional
homestead exemption of $25,000.00. This additional homestead exemption, if granted, shall be
applicable to all ad valorem tax millage rates levied by the Village.
Section 2. Every person claiming the additional homestead exemption pursuant to this
Ordinance must file an application therefore with the Miami -Dade County Property Appraiser no
later than March 1 of each year for which such exemption is claimed. Such application shall include
a sworn statement of household income for all members of the household and shall be filed on a
form prescribed by the Florida Department of Revenue. On or before June 1 of each year every
applicant must file supporting documentation with the Property Appraiser. Said documentation shall
include copies of all federal income tax returns, wage and earning statements, and such other
documentation as required by the Property Appraiser, including documentation necessary to verify
the income received by all of the members of the household for the prior year.
Section 3. Failure to file the application and sworn statement by March 1 or failure to file
the required supporting documentation by June 1 of any given year shall constitute a waiver of the
additional exemption privilege for that year.
Section 4. This additional exemption shall be available commencing with the year 2001 tax
roll, and the Property Appraiser is requested to accept applications and sworn statements for the year
2001 tax roll upon adoption of this Ordinance.
Section 5. In accordance with Section 196.075(3), Fla. Stat., commencing January 1, 2001,
and each January 1 thereafter, the $20,000.00 annual income limitation in this Ordinance shall be
adjusted annually. The annual income limitation shall be adjusted by the percentage of change in
the average cost -of -living index for the immediately preceding calendar year compared with the
average cost -of -living index for the calendar year immediately prior to that year. As used herein
"index" shall be the average of the monthly consumer -price index figures for the stated period, for
the United States as a whole, issued by the United States Department of Labor.
2
Section 6. The Village Clerk shall, after adoption of this Ordinance, but prior to December
1, 2000, deliver a copy of this Ordinance to the Miami -Dade County Property Appraiser.
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 the
Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
PASSED AND ADOPTED on first reading this 14th day of November 2000.
PASSED AND ADOP 1ED on second reading this 28th day of November :2000
T:
CONCHITA ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFICIEN
0.14:4-6)/
RICHARD JAY WEISS, VILLAGE ATTORNEY
1030011 ordinances�tional homestead exemption for senior citizens
MAYOR JOEL ' CO
3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
13efortthe-undersigned authority -personally -.appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daffy Business
Review flkfa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING NOV. 28, 2000
ORDINANCE RELATING TO AD
VALOREM TAXATION
in the XXXXX
was pew IisheL 4n saitLn€Wspaper in the issues of
Court,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
sonny, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm •r corporation .rty discount, rebate, com-
mission or re :. -d for t 4 securing this advertise-
ment for pu • cats 1yr ' said n -. paper.
(SEAL)
Octelma V. Ferb
subscribed before me ibis- 0 O
A.D
MARIAI. MESA
a MY COMMISSION # CC 885640
+ q(dlly ISMPA:If&roh 4,2004
%4 n-BoudedThru Notary Pubricdndenmlers
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice,isMereby given that thee; following ordinance wilt be considered
on Second Readingby the Village Council of -the Village of Key Bisoayne
at a meeting to be held on Tuesday, }'tovember 28, 2000 at 8:00 a.m., in
-the: ^ouneii-Chamber-iocatedat 0C WestMclntyre Street Second Floar,'-..
Key Biscayne. Florida:
AN ORDINANCE OF THE. VILLAGE OF KEY BISCAYNE,
r FLORIDA, RELATING TO. AD VALOREM TAXATION;PROVID-
ING FOR AN ADDITIONAL: HOMESTEAD EXEMPTION FOR
CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED
TO MILLAGE RATES LEVEED BY THE VILLAGE, PROVIDING
REQUIREMENT OF ANNUAL APPLICATION AND SUBMIS-
SION OF SUPPORTING DOCUMENTATION;- PROVIDING
FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNU-
AL INCREASE IN THE INCOME LIMITATION; PROVIDING :I
FOR SEVER -ABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR EFFECTIVE DATE.
The Proposed Ordinance maybe inspected by the public at the Office of
the Village Clerk{nterested parties may appear at the Public Hearing and i.
be heard with respect to the proposed Ordinance. Any person wishing to 1,
address,the Village Council on any item at thisPublic Hearing is asked to :'
register with the Village Clerk prior to that iterP being heard.
In accordance with the Americans With Disabilities Act of 1990, all per-
, sons who are disabled and who need special accommodations to partici-:
. pate in thisproceedingbecauseof that disability should -contact theOffice
-of the Village Clerk;, 91 West McIntyre Street, Suite 203, Key Biscayne,
Florida33149, telephone number(305) 365-5506, not laterthan two bush
mess 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 thata verbatim record of theproceedings is madeincludingall;,:
testimony and evidence upon which any appeal may be based (F.S.
286.0105).
Comments of any interested party relative to this -matter maybesubmit-
ted.in-writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
VlNageClerk
141/1_6 _ _ _ 00.4-50/4057?5M
ORDINANCE NO. 2000-15
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 17 "NOISE," AMENDING SECTION
17-2 "DEFINITIONS" BY CLARIFYING THE TERM
"CONSTRUCTION;" AMENDING PARAGRAPH (F)
"CONSTRUCTION" OF SECTION 17-3 "PROHIBITED
ACTS" TO PROHIBIT NOISE FROM CONSTRUCTION
ACTIVITIES ON SUNDAYS AND HOLIDAYS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council desires to amend the provisions of the Village Noise
Ordinance to clarify the definition of the tern "construction" and to prohibit noise from construction
activities on Sundays and holidays.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise," by
amending Section 17-2 "Definitions," and amending paragraph (f) "Construction" of Section 17-3
"Prohibited Acts," to read as follows:
Sec. 17-2. Definitions. The following words, terms and phrases
when used in this Chapter shall have the meaning ascribed to them
in this section, except where the context clearly indicates a different
meaning:
Construction. Any site preparation, assembly, erection, substantial
repair, alteration, demolition or similar action, or on public or private
rights - of way, structures, utilities or shnila. property.
Sec. 17-3. Prohibited Acts. The following acts are declared to be a
Noise Disturbance and constitute a violation of this Chapter:
(0
Construction. The creation of a loud or excessive noise in
connection with the conducting of Construction:
(1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday
and Friday;
'1 Underlined provisions indicate additions to existing text; deletions from existing text are indicated by
(2) Before 8:00 a.m. on Saturday;Sunday and IIu1iday,
(3) After 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday
and Friday;
(4) After 4:30 p.m. on Saturday; Sunday, and -Holidays;
al At any time on Sunday and Holidays,
except for a Emergency work: Notwithstanding the foregoing, the
creation of loud or excessive noise in connection with the use and
operation of heavy equipment for earth moving and compacting,
concrete demolition or pile driving is prohibited at any time on
Saturdays. If Emergency work is to be performed, the owner of the
property upon which such Emergency work is performed or the
property owner's authorized representative shall notify the Village
Police Department prior to the commencement of such Emergency
work.
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 the
Village of Key Biscayne; 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. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
PASSED AND ADOPTED on first reading this 14th day of November, 2000.
PASSED AND ADOPTED on second reading this 5th day of Decembe
CONCHTTA ALVAREZ, CMC, VIT .1 AGE C
APPROVED AS TO FORM AND T.FGAL SUFFICE
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001brdinanceslprobibit noise from construction activities
3
MAYOR JOE I. RASCO
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the -undersigned -authority -personally -appeared ---
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/kla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE AMENDING THE
VILLAGE CODE BY AMENDING
CHAPTER 17, ETC.
in the XXXXXXX Court,
wasLwvlisbid in sajJJlewspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further sa that she • : - ither paid nor promised
any person, 0 - or co r• • ation a , discount, rebate, com-
mis'sion or and oa r-' purpose ,f securing this advertise-
ment for p. • i y(�jr he said +.,-;; per.
Ore
(SEAL)
Octelma V. Ferbeyre personally known to me.
eth4000
/ Y 11/22
OFFICIAL NOTARY S$AL
JANETT LLERENA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. . g 232004
VILLAGE OF KEY BISCAYNE'
PUBLIC NOTICE
Notice is hereby giventhat the following ordinance will be considered,
on Second-Reading-by-theVillage Council .okthe iliaga-ofKey-Biscayne
at a meeting to be held on Tuesday, December 5, 2000 at 7:00 p.m., in the -.
Council Chamber, located at 85 West McIntyre Street, Second Floor, Key
Biscayne, Florida:
AN ORDINANCEOFTHE VILLAGE OF KEY BISCAYNE, FLOR-
IDA AMENDING THE VILLAGE CODE BY AMENDING CHAP-
TER 17 "NOISE AMENDING SECTION 17-2 "DEFINITIONS"
BY CLARIFYING THE TERM"CONSTRUCTION ; AMENDING
PARAGRAPH (F), "CONSTRUCTION" OF SECTION 17-3
"PROHIBITED .ACTS TO PROHIBIT NOISE FROM CON-
STRUCTION ACTIVITIES ON SUNDAYS AND HOLIDAYS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLU-
SION IN THE., CODE; PROVIDING FOR, AN EFFECTIVE
DATE;
The proposed Ordnance may be inspected by the public at the Office of
l,Me Village Clerk. Interested parties mayappear at the: Public Hearing and
l be heard with respect to the proposed Ordinance. Any person wishing to
':address the Village Council on any item at this Public Hearing is asked to
%'register with the Village Clerk prior to that item being heard.
In accordance with the AmericaTrs With Disabilities Aot of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in thiaproceeding because of that disabilityshould contact theDffice''.
of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,
-Florida 33149, telephone number (305) 365-5506, not later than two busi-
ness 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 averbatim record of the proceeding: is made including all
testimony and evidence; upon which any appeal may be based (F S.
in
arty intr;Teated party relati*e to thismalter maybesubmit
tail in writing and or presented in person at the public hearing. "'
Concnla H. Alvarez; CMC '
Village Clerk
00-4-61/110329M
(0
Garage sale sign:
Residential Nonresidential
District District
Number (maximum) 1 per lot on site
Area (maximum) 6 sq. ft.
Height (maximum) 4 ft.
Length of display Max of 1 weekend during 6
month period
(g)
Not permitted
Political Sign (see section 30-197(h) for supplemental provisions):
Residential
District
Nonresidential
District
Area (maximum) 24 sq ft. 24 sq. ft.
Sign Height (maximum) 6 ft. 6 ft.
Setback (minimum) 5 ft. from right-of-way 5 ft. from right-of-way
8.9
(h) Real Estate Open House Sign (in conformance with design spec cations as
provided by the Village Manager):
Number (maximum)
Area (maximum)
Sign Height (maximum)
Time limit
Supplemental Regulations:
No real estate open house
signs shall be permitted to be
placed in the median of or on
property abutting and facing
Crandon Boulevard nor within
5 feet of any right-of-way line.
Location
Signs may be located in the
public right of way provided
said sign must be setback 5
feet from the edge of
pavement
Signs may be located in the
public right of way provided
said sign must be setback 5
feet from the edge of
pavement
Residential
District
1 per property
6 sq. ft
1 1/2 x 2 ft.
Shall only be permitted
Wednesday, Saturdays and
Sundays 10:00 a.m. to 4:00
p.m. Must be removed same
day
8.10
Nonresidential
District
3 per property
6 sq. ft.
1 1/2 x 2 ft,
Shall only be permitted
Wednesday, Saturdays and
Sundays 10:00 a.m. to 4:00
p.m. Must be removed same
day
Sec. 30.197. Supplemental regulations.
(a) Multitenant Center Sign graphics criteria.
(1) The owner of a Multitenant Center shall submit to the Village Manager a
written statement of the uniform Sign graphics criteria of the Multitenant
Center. The Village Manager shall review the criteria and make a
recommendation to the Village Council, which shall have final approval. Once
the criteria have been approved, it shall apply to the entire center, as well as to
each individual occupant, and shall remain in effect for so long as the center
exists, regardless of a change in ownership or management, unless and until the
owner obtains a new uniform Sign graphics criteria approval from the Village
CounciL Uniform Sign graphics criteria shall include., but not be limited to,
color(s), type of Sign, style of letters, size of letters (maximum or minimum)
and size of Sign.
(2) A Signapplication for any portion of a Multitenant Center shall contain a
written description of the uniform Sign graphics criteria established at the
Multitenant Center and a sketch thereof. This shall apply to application for all
types of Signs to be displayed at the location. Written consent of the owner of
the Multitenant Center shall accompany all such applications.
(b) Design review guidelines. In reviewing Multitenant Signs, the Village Manager
shall use the following design review criteria:
(1) Number of items: No more than five items shall be contained in any one sign.
(2) Entrance feature: An entrance feature shall not be designed so as to effectively
increase the size of a Sign.
(3) Legibility: All Signs shall be designed to be clearly legible.
(4) Architectural features: Signs shall not be placed on decorative architectural
features.
(5) Building compatibility: The material and colors of all Signs shall be compatible
with the materials and colors of the building
(6) Illumination of buildings by Externally Illuminated Signs: There shall be no
such illumination of buildings facing residential properties. The illumination of
other buildings by Externally IlluminatedSigns shall not be brighter than the
standard for parking lot and grounds lighting.
(c) Changeable Copy Signs.
(1) In general: Changeable Copy Signs are permitted to be used only for theaters,
other entertainment businesses, hotels, religious institutions, drive -through
establishments, and gasoline service stations, subject to the iestlictions in
subsection (2) below.
(2) Drive -through: Drive -through establishments shall be permitted to have a
Changeable Copy Sign showing menu or featured itenis, provided it has a
transparent protective locked cover. The Sign must be affixed to a wall of the
establishment ad'acent to the drive-in service window or located freestanding
within and patallei to the drive-in lane area If freestanding, the top of the Sign
8.11
shall not exceed six feet in height.
(d) Gasoline station canopies. When calculating Building Frontage for purposes of
determining Wall Sign size, gasoline station canopies shall not be included. A company logo
not to exceed four square feet shall be permitted on each side of canopy but no Wall Sign
shall be permitted thereon.
(e) Rear ofSigns. Where the rear or side of any Sign is visible from any street or
from any adjoining residential district, such side or rear shall present a completely finished
appearance.
(f) Nuisance and safety.
(1) Illumination: No Externally, or Internally illuminated Sign shall cause an
unreasonably excessive glare intensity in an adjacent residential district.
(2) Site triangle. No Monument Sign shall be located within a 25 -foot triangle at
the intersection of two public streets (measured along the property or right -of
way line) unless it is 30 mches or less in height
(g) Landscaping of Detached Signs. Unless otherwise provided in the Village of
Key Biscayne Code of Ordinances, all Detached Signs shall be placed in a planting bed of at
least two feet width surrounding the Sign. This bed shall contain shrubs, flowers or other
ground cover, and shall be shown on the site plan.
(h)
(1)
Political Signs.
Although no permit is required for a Political Sign, each candidate successfully
filing qualifymg campaign papers and each Political Sign Sponsor shall, be
responsible for meeting all requirements of this chapter relative to Political
Signs. The Village Clerk shall furnish a copy of this ordinance to all qualifying
candidates and Political Sign Sponsors and each shall sign and date an
acknowledgment of receiving this document.
(2) The Village Manager may cause the removal of any Political Sign erected on
public property contrary to the provisions of thic chapter. The candidate or
Political Sign Sponsor responsible for erecting such Political Sign shall be liable
to the City for the costs incurred in the removal. The Village Manager may
cause the removal of any Political Sign illegaiiy erected on private property in
conformance with section 28-13 hereof
(3)
All Political Signs shall be. removed within seven days after the election to
which they relate. Upon a failure to remove a Political Sign in a timely fashion,
the Village Manager may cause the removal of the Political Sign and charge the
candidate or Political Sign Sponsor the actual cost of removal.
Sec. 30-198. Sign permits.
(a) Required Except as otherwise set forth herein, it shall be unlawful for any
person to display or install any Sign without first having obtained a permit.
Applications.
Filing: Applications for permits required by this chapter shall be filed with the
Village Manager upon forms to be furnished by the Village. Manager. Such
8.12
applications shall also respond to the structural requirements for Signs as
specified in the South Florida Building Code.
(2) Signs requiring Village Council approval: All Multitenant Center Sign graphics
cnteria, require prior review and approval by the Village Council based upon
the recommendations of the Village Manager.
(c) Issuance. Provided the terms of this ordinance have been complied with, the
Village Manager shall issue a permit for each sign and retain a copy thereof and a copy of the
plan. Permits shall be numbered in order of their issuance.
(d) Time limitation of permits. All Signs shall be erected on or before 90 days from
the date of the issuance of a Sign permit. If the Sign is not erected within such time, the permit
shall become null and void and a new permit shall be required
(e) Installation inspection. The contractor or owner securing the permit for any
Sign shall notify the Village Manager and request an inspection whenever such Sign is being
installed, and before any concrete is poured; a final mspection shall be requested upon
completion. At the time of the final inspection, a photograph of the completed Sign shall be
taken by the inspector and placed with the plans or file records of the Sign permit.
(0 Labels. At the time of final inspection, the for shall attach a label to the
Sign. Thpermit number of the Sign shall be hown on the label and the label shall be visible
from ground level.
(g) Revocations. The Village Manager may revoke a permit or approval, issued
under the provisions of this chapter, if it is found that there has been any false statement
concealment or misrepresentation as to any material fact in the application or plans upon which
the permit or approval was based.
(h) Variances and appeals. Shall follow the procedures set forth in Article IV.
(i) Fees. Sign permit fees shall be established, from time to time, by Resolution of
the Village Council.
Sec. 30-199. Legal Nonconforming Signs.
(a) Amortization of 1993 Sign Code Nonconformities Any Sign that lawfully
existed at the time this chapter [Ordinance No. 93-4] became effective may be continued,
although it does not conform to all the provisions hereof, provided that no structural alterations
are made thereto and that all such nonconfomring signs shall be completely removed from the
raises or made to conform by December 31, 1996. If the owner of a Sign can document the
premises
that (1) the Sign was installed or renovated after January 1, 1990, (2) the Sign is in sound
condition and (3) the cost of such sign or renovation exceeded $3,000.00, then the Council may
extend the amortization period up to May 1, 1998.
(b) Exception to amortization schedule. Nonconforming Banner Signs, Buntings,
Portable Signs and Snipe Signs, as well as prohibited signs placed on public property and utihty
poles, shall be removed within three months of the effective date of this chapter.
(c) Nonconformities created by amendments to this sign ordinance. Any Sign
which may become nonconforming as a result of any subsequent amendments to this chapter
shall be completely removed from the premises, or altered to conform, not later than five years
from the date such Sign becomes nonconforming.
8.13
(d) Other termination of legal Nonconforming Signs.
(1) By abandonment — Abandonment of a legal nonconforming Sign shall terminate
its nonconforming status.
(2) By damage or poor condition — The legal nonconforming status of a Sign shall
cease whenever the Sign is damaged beyond 50 percent as determined by the
Village o Manager from any cause whatever, or to the extent the Sign becomes a
hazard danger.
Abandoned and damaged signs, as described in this section, shall be removed by
owners in accordance with the requirements of section 28-13 hereof.
Sec. 30-200. Sign maintenance
(a) Maintenance. All Signs shall be maintained in a safe, presentable and good
structural condition, which shall include the replacement of defective parts, repainting, cleaning
and other acts required for the maintenance of said Sign. The area around the base of the sign
shall be kept free of weeds and debris. If a Sign does not comply with the above standards, the
Village Manager shall require its removal in accordance with section 28-13 hereof
(b) Ineffective Signs Except as otherwise provided in this chapter, any Sign which
is located on property that becomes vacant and unoccupied for a period of 90 days or more, or
any Sign which pertains to a purpose that no longer es, shall be deemed ineffective. An.
ineffective sign is prohibited and shall be removed by the owner of the premises in accordance
with section 28-13 hereof.
(3)
(c) Dangerous or defective Signs. No person shall permit to be maintained on any
premises owned or controlled by him, any Sign that is in a dangerous or defective condition.
Any such Sign shall be removed or repaired by the owner of the Sign or the owner of the
premises.
(d) Unlawful Suns No person shall erect on any premises owned or controlled by
him any Sign that is prohibited under section 28-3 or any Sign that in any way does not comply
with the provisions of this chapter or any Sign that has not received a valid permit (unless
specifically exempted therefrom).
Sec. 30-201. Removal of improper Signs.
(a) Removal. The Village er shall cause the removal of any Sign in violation
of this chapter in accordance with the ures set forth in the Village of Key Biscayne Code
Enforcement Ordinance.
(b) Emergency.. Notwithstanding the above, the Village Manager may cause the
immediate removal of any Sign that poses an immediate danger to the health, safety or welfare
of the community. The Village Manager may cause the Sign to be made safe as an alternative to
removal. In either event, Village personnel may enter onto premises, with or without the
property owner's consent, for emergency repair or removal.
(c) Removal costs. Costs incurred by the Village's removal of a Sign shall be
charged to the real property owner on whose property the Sign is located: The Village shall
assess the entire cost of such demolition, removal or repair, which assessment shall include, but
not be limited to, all administrative costs, postal expenses and newspaper publication costs.
Such charge shall constitute a lien upon such property. The Village Clerk shall file such lien in
the county's official record book showing the nature of such lien, the amount thereof and an
8.14
accurate legal description of the property. No certificate of use and occupancy shall be
approved for such a property until the full amount associated with the lien, or the full amount in
the event no lien has yet been filed, has been paid to the Village by the property owner.
8.15
ARTICLE IX.LANDSCAPE REGULATIONS
Sec. 30-230. Purpose and Intent.
It is the intent of this Article to establish landscape standards that will enhance, improve, and
maintain landscaping in the Village through the application of following principals:
(a) Promote xeriscape by encouraging the use of drought -tolerant landscape materials,
grouping of plant material by water requirement and the use of irrigation systems that conserve the
use of potable water supplies.
(b) Use landscape materials to visually define the hierarchy of roadways, and to provide
shade and visual edge along roadways.
(c) Prevent the destruction of the existing tree canopy and promote its expansion.
(d) Provide for the preservation of the existing natural forest communities, specimen
sized trees, re-establish the native habitat along the beach, and encourage the use of native plant
material.
(e) Promote the use of trees and shrubs for energy conservation by encouraging cooling
through the provision of shade and the channeling of breezes, thereby helping to offset global
warning and affects of added absorption of carbon dioxide.
(f) Contribute to the processes of air movement, air purification, oxygenation
regeneration, ground water recharge, stormwater runoff retention, while aiding in the abatement of
noise, glare, heat, air pollution and dust generated by impervious areas.
(g) Improve the aesthetic appearance of the Village through the use of plant material,
thereby protecting and increasing property values.
(h) Reduce the negative impacts of exotic pest plant species and prohibit the use of
noxious exotic plants which invade native plant communities.
(i) Promote the concept of planting the appropriate tree in the correct location to avoid
problems such as clogged sewers, cracked sidewalks, and power service interruptions.
9.1
Sec. 30-231. Applicability.
The provisions of this ordinance shall be considered minimum standards and shall apply to
new construction on vacant lots and for construction projects that have a value. of 50% or greater of
the assessed value of the building(s) on a site.
Sec. 30-232. Required Landscape Plans.
(a) Landscape Plan Required. All new construction of Main Permitted Uses and
substantial rehabilitation workwhere the value of the improvements exceeds 50% of the assessed
value of the building, shall be required to submit a landscape plan. No building permit shall be issued
until the Building, Zoning, and: Planning Department has approved the landscape plan. A final
Certifcate'of Occupancy shall not be issued until the landscaping shown on the landscape plan has
been installed and approved by the Building Zoning, and Planning Department All landscape plans
for new construction on vacant lots shall be signed and sealed by a landscape architect licensed to
practice in the State of Florida.
(b) Components of a Landscape Plan. A landscape plan must:
(1) Be drawn to scale, including dimensions and property boundaries.
(2) Include a survey of the exiting trees on the property, with identification of non -exotic
(see Section 30-234(a)) trees. All trees with a diameter of four inches or greater shall
be shown on the survey.
(3) Delineate existing and proposed structures, parking areas or other vehicular use areas,
access aisles, sidewalks, driveways, thelocation of utilities and easements, and
similar features.
(4) Designate name, location, size, quantity, and grade of living plant material proposed
to be installed or maintained on the site.
(5) Provide planting specifications to current landscape standards including but not
limited to staking, fertilization, top soil, mulching, and applicable drainage and any
subsurface treatments.
(6) Identify and describe the location and characteristics of all non -living landscape
materials to be used
(7) Show all landscape features, areas of vegetation required to be preserved by law,
including but not limited to trees, plants, shrubs, native habitats, wetlands in the
context with the location and outline of existing and proposed building, fences, and
other structural improvements being contemplated on the site.
(8) Indicate method to protect trees and native plant communities during construction.
9.2
(9)
Include a tabulation showing the statistical information necessary to evaluate
compliance with the Article including net lot area, quantity, size, and species of all
plant material to be planted, preserved, or relocated; square footage of paved area;
and such other information as may be required by the Building, Zoning, and Planning
Director to make a determination that the landscape plan meets the requirements of
this Article.
Sec. 30-233. Landscape Plan Review Criteria.
All landscape plans shall be reviewed in accordance with the following goals and objectives:
(a) Landscape design shall enhance architectural features, relate structural design to the
site, visually screen dissimilar uses and unsightly views, reduce noise impacts from roadways and
incompatible uses, strengthen vistas and reinforce neighborhood site design and architecture.
(b) Existing specimen trees and naive vegetation should be preserved to the maximum
extent possible, but in no event shall less than 30% of all landscaping be done with native vegetation.
(c)
possible.
(d) Trees and shrubs shall be used to reduce energy consumption by shading buildings
and paved surfaces.
The Landscape plan shall include native plant species to the maximum extent
(e) Street trees shall be used to shade roadways and provide visual order. All street tree
planting shall conform to the Village's Street Tree Planting System.
(0 Trees and shrubs should be placed on the site in locations that take into consideration
overhead utility lines, proximity to native plant communities, septic tanks, and sewer lines.
Sec. 30-234. Required Irrigation Plans.
(a) Applicability. All developments which are required to submit a landscape plan shall
also provide an in -ground irrigation system with the exception of the following:
(1) Single family homes
(2) Duplexes and townhomes on Sites that are 7,000 sq. ft or less.
However, hose bibs shall be placed on the building at 75 ft. intervals.
(b) Components ofan irrigation plan. Required irrigation plans shall:
(1) Be drawn at the same scale as the landscape plan.
9.3
(2) Delineate the areas that are to be landscaped.
(3) Delineate existing and proposed structures, parking areas or other vehicular use areas,
access aisles, sidewalks, driveways, the location of utilities and easements, and
similar features.
(4) Include water source, design operating pressure and flow rate per zone, total volume
required for typical depths of application, and application rate.
(5) Include locations of pipes, controllers, valves, sprinklers, back flow prevention
devices and electrical supply.
Sec. 30-235. Tree Removal Permit.
(a) Tree removal permit required No person shall cut down, destroy, remove, relocate,
destructively damage or cause to be cut down, destroyed, removed, relocated or destructively
damage any tree without first obtaining a permit from the Village. However nothing in this Article
shall prevent a person from destroying the following trees without receiving a permit:
(1) Schinus terebinthinfolius (Brazilian Pepper/Florida Holly)
(2) Metopium toxiferum (Poison Wood)
(3) Gasurina equisetifolia (Austrailian Pine)
(4) Melaleuca Quinquenervia (Melaleuca)
(5) Araucaria Heterophylla (Excelsa, Northfolk Island Pine)
(6) Brassala Actinophylla (Schefllem)
(b) Permit Fee. The Village Council shall establish a fee for tree removal permits.
However, no fee shall be charged for a permit to remove a tree listed in subsection (a) above.
(c) Application. The Tree Removal Permit Application shall contain the following
information:
(1) Location of the tree to be removed
(2) A survey of the property showing the buildings, easements, utility services.
(3) The Building, Zoning and Planning Director may waive the above requirements
where it can be determined that the information can be obtained in the Village
records or through a site visit.
9.4
(d) Tree removal evaluation criteria No tree may be removed unless one of the
following conditions, as determined by the Building, Zoning, and Planning Director, exists:
(1) A site plan is submitted by the applicant that demonstrates a proposed structure can
be situated on the property only if specific trees are removed or relocated
(2) The tree(s) is (are) located in such proximity to existing or proposed structures that
the utility or structural integrity of such structures is materially impaired
(3)
The tree materially interferes with the location, servicing, or functioning of public
utility lines or service.
(4) The tree obstructs views of oncoming traffic or otherwise creates a substantial traffic
hazard
Any law or regulation that requires such removal.
Replacement tree. Any tree that is removed must be replaced with:
A tree with the same number of inches of caliper diameter; or
trees that cumulatively provide the same number of inches of caliper diameter.
All replacement trees must be on the same Site that the tree was removed.
(f) Removal of trees on public lands. No trees shall be removed from any public land
including, but not limited to rights of way and swale areas, without the approval of the Building,
Zoning and Planning Director.
Sec. 30-236. Protection of Trees During Construction or Land Development.
(a) During any construction or land development, protective barriers of specifications
approved by the Building, Zoning, and Planning Director shall be placed and maintained around all
trees to be retained on site to prevent their destruction or damage. The developer shall use every
precaution possible to avoid damaging such trees by preventing the use or storage of materials or
equipment, or the contamination of soil with such materials as paint, oil, solvents, asphalt, concrete,
mortar, andthe like, within the drip line.
(b) No attachments other than those of a protective or non -damaging nature, shall be
attached to any tree except those trees approved to be removed or relocated
Sec. 30-237. Tree Trimming Standards:
All trees shalt be trimmed in accordance with the National Arborist Association Standards
9.5
except for the following tree species:
(a)
(b)
(c)
(d)
(e)
Australian Pine
Avocado
Brazilian Pepper
Citrus Species
Bischoefia
(0 Mango
(g) Melaleucca
(h) Norfolk Island Pine
(i) All palm species
(j) Poison Wood
Sec. 30-238. Minimum Standards.
The following standards shall be considered minimum requirements for all landscape plans:
Tree size.
Minimum height at time of planting
Minimum diameter of trees at 5 ft. height
Minimum number of trees.
14 feet
2.5 inches
1_ Zoning District
Number of Required Trees
Single Family and Two Family
three trees for lots of 7,500 sq. ft. or less and
one tree for each additional 2,500 sq. ft or
fraction thereof
Office
one tree for each 1,500 sq. if or fraction thereof
Commercial
one tree for each 1,800 sq. ft. or fraction thereof
Government Use
meet requirement of zoning district with
greatest contiguous area
Multiple Family, PUD and Hotel Resort
one tree for each 1,400 sq. ft or fraction thereof
Institutional and Private Club
one tree for each 1,200 sq, ft. or fraction thereof
(1) If palm trees are provided, they shall be counted as 3 palms =1 canopy tree
(2) Minimum height of palms shall be 10 feet for standard upright forms (e.g. Sabais,
Coconuts), and four feet for dwarf forms (e.g. Pygmy Date Palms)
Maximum percentage of pahn trees 30%
(3)
(4) Prohibited Trees and Street Trees shall not be counted towards meeting this
requirement
9.6
(c) Shrubs and hedges — quantity, height and spacing at time ofplanting.
Shrub Quantity 10 for each required tree.
Shrub and hedge height 24 in.
Hedge spacing 30 in. on center and maintained to form a
continuous, unbroken, and solid screen
(d) Uncovered surface parking lot buffer and interior planting.
The perimeter of each parking lot adjacent to any property line lot shall be planted with a five
foot wide strip of hedge and shade trees at a sparing of one per 30 linear feet.
The net interior area of all parking lots (the area exclusive of the setbacks and buffer planting
area), shall contain 10 square feet of landscaped area per parking space and shade trees shall be
planted within this area at a rate of one tree per 80 square feet of resultant landscaped area.
(e) Plant Quality. All material shall meet or exceed the minimum standards for Florida
Number One as provided in the most current edition of "Grades and Standards for nursery Plants,
Part I and 11," prepared by the State of Florida Department of Agriculture and Consumer Services.
30-239.Hatracking Prohibited.
Hatracking or topping shall not be permitted; however, crown reduction in excess of one-
third (1/3) shall be permitted under the following conditions:
(a) If a tree interferes with utility lines or utility structures
(b) If a tree has storm damage and in the opinion of the Building, Zoning, and Planning
Director should be hatracked or topped in order to preserve the tree.
30.240.Landscape Manual.
The Village shall utilize the Miami -Dade County Landscape Manual until such time as one is
developed by the Building, Zoning, and Planning Department and adopted by Council resolution.
The purpose of the manual is to provide illustrative interpretations of the regulations listed in this
Article, best landscape practices, and related guidelines to insure that landscaping is installed and
maintained in a manner that is consistent with the objectives these regulations.
30-241.Certificate of Occupancy and Certificate of Completion.
No Certificate of Occupancy or Certificate of Completion shall be issued until such time as
all of the required landscaping is installed and approved by the Building, Zoning, and Planning
Department: However, nothing herein shall prevent the issuance of a Temporary Certificate of
Occupancy so long as at least the sod portion of the landscaping has been installed
9.7
Secs. 30-242 — Sec. 30-249. Reserved
9.8
ARTICLE X. LEGISLATIVE
Sec. 30-250. Provisions of Ordinance Deemed Minimum Requirements.
The inteitnetation and application of these Zoning and Land Development Regulations, shall
be held to be the minimum requirements adopted for the promotion of the public health, safety,
comfort, convenience, and general welfare. It is not intended by these regulations to repeal,
abrogate, annul or in any way to impair or interfere with any existing provisions of the law or
ordinances or any rules, regulations, or permits previously adopted or issued, or which shall be
adopted or issued pursuant to law, relating to the use of any building or premises; nor is it intended
by these regulations to interfere with or abrogate or annul any easements, covenants, or other
agreements between parties; provided, however, that where these regulations impose a greater
restriction upon the use of buildings or premises or upon the height of buildings or require larger
yards, courts or other open spaces than are imposed or required by such existing provisions of law or
ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements,
the provisions of these regulations shall control.
Sec. 30-251. Enforcement and Penalties.
(a) The general agent, architect, builder, contractor, owner or tenant or any other person,
who commits, takes part or assists in any violation of these Zoning and Land Development
Regulations, who maintains any building or premises in which any violation of these regulations
shall exist, shall for each and every violation, upon conviction be punished by a fine not exceeding
$500 or be imprisonment not exceeding 60 days, or by both such fine and imprisonment in the
discretion of the court of competent jurisdiction. Ranh day that a violation is permitted to exist shall
constitute a separate offense.
For violations of these Zoning and Land Development Regulations there shall be,
upon a finding of violation by the Special Master, a fine as determined by the applicable -state and
local statutes.
(c) It shall be the duty of the Building, Zoning, and Planning Director to enforce the
provisions of these Zoning and Land Development Regulations and to refuse to approve any permit
for any Building or for the Use of any Premises, which would violate any of the provisions of this
Ordinance. The Building Official shall enforce those provisions of this Ordinance which delegate
specific powers and duties to that individual. It shall also be the duty of all officers and employees of
o Village to assist the Building Zoning and Planning Director and the Building Official by
reporting to them any apparent violation in new construction, reconstruction or land Uses.
(d) The Village's Building Zoning and Planning Director and the Building Official are
authorized, where deemed necessary for enforcement of these Zoning and Land Development
Regulations, to request the execution of an agreement for recording.
(e) In case Building is erected, constructed, reconstructed, altered, repaired or
converted,or an
y ding or land is used in violation of these Zoning and Land Development
Regulations, the Village's BuildingdZoning, and Planning Director and the Building Official and/or
their designees are authorized and d to institute any appropriate action to put an end to such
violation.
(f) For purposes of inspection and upon presentation of proper credentials, the Village's
Building Zoning, and Planning Director and the Building Official, and designees are authorized to
enter at any reasonable time, any Buildin_, Structure or Premises, for the purpose of determining
whether these Zoning and Land Development Regulations are being violated. In the event violations
of these Regulations are found on a given Premises, the aforementioned individuals are empowered
to issue Notices of Violation to the owner of said Premises and to any Persons responsible for
10.1
creating or maintaining the violations. Additionally, the Building Official may stop work on projects
which violate these Zoning and Land Development Regulations with respect to materials, work,
Grades, Use or any other provisions of these Regulations.
Sec. 30-252. Official Zoning, Map.
(a) The map attached hereto shall be the Official Zoning Map of the Village of Key
Biscayne, Florida. From time to time the Official Zoning Map may be amended pursuant to the
procedures set forth in Article IV "Administration of the Zoning Ordinance"; however, all
amendments shall be first deternvned by the Village Council to be consistent the Master Plan.
(b) The Official Zoning Map shall be available for public inspection in the Building,
Zoning and Planning Department
10.2
Siagt<.Family Districts
IR Island Residential
VC- Wane Estate
VR Mingo Resldatdial
Slagle and Tiro Family District
pS Parkside RasWaWal
Multiple Family Districh
RM-IO tow Density
RM-16 Medium Density
1M-30 Digit EicositY
!Hotel District
HR Hotel Resod
Specialized Use Districts
OU Government Use
PROS Pub&: Recreation & Open Space
PC Private Club
PU134 Oceanqub
PUO-2 GrarWBay
PUOJ Key Calory
Commercial Districts
Low Intensity Commercial'
G2 Medium intensity
Office District
O -t Low Intensity Office
Other District
Institutional
ProposedOfficial Zoning MapVillage of Key Biscayne