HomeMy Public PortalAbout2004-09 Amending Chapter 30 Zoning re Adding Village Recreational Facilities to the list of Main Permitted UsesORDINANCE NO. 2004-9
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 30 "ZONING," AT SECTION 30-104
"INSTITUTIONAL DISTRICT" TO ADD "VILLAGE
RECREATIONAL FACILITIES" TO THE LIST OF MAIN
PERMITTED USES; AMENDING SECTION 30-112
"SUPPLEMENTAL USE REGULATIONS," AT SUBSECTION
(h) "HEIGHT EXEMPTION" TO PROVIDE HEIGHT
EXEMPTION FOR LIGHTING STRUCTURES FOR
VILLAGE RECREATIONAL FACILITIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon recommendation of the Village Manager, the Village Council
desires to amend the list of Main Permitted Uses under Section 30-104 "Institutional
District" so as to enable lands zoned as Institutional District to be utilized for Village
recreational facilities, and to amend section 30-112 "Supplemental Use Regulations," at
Subsection (h) "Height Exemptions" to provide a height exemption for lighting structures
for Village recreational facilities (the "Proposed Amendments"); and
WHEREAS, the Village Council has been designated as the local planning agency
for the Village pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Village Council, sitting as the local planning agency, has reviewed
the Proposed Amendments pursuant to the required public hearing, and has recommended
approval of the Proposed Amendments; and
WHEREAS, the Village Council has held the required public hearings on this
Ordinance, duly noticed in accordance with law; and
WHEREAS, the Village Council has determined that the Proposed Amendments
enacted pursuant to this Ordinance are in compliance with the criteria of Section 30-71(b)
of the Village Code and are consistent with the Village's Comprehensive Plan.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Village Code Amended. That Chapter 30 "Zoning" of the Village Code
of the Village of Key Biscayne is hereby amended by amending Section 30-104 "Institutional
District," at paragraph (a) "Purpose and Uses," by amending the list of Main Permitted Uses, and
by amending subsection (h) "Height Exemptions" of Section 30-112 "Supplemental use
Regulations", to read as follows:'
Sec. 30-104. Institutional District.
(a) Purposes and Uses.
District
Purpose
Main
Permitted
Uses
Conditional
Uses
Accessory
Uses
Prohibited
Uses
This district is
intended to
permit uses that
provide a public
or semi-public
service.
Places of
worship.
Village
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)
Recreational
Facilities.
'/ Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are
shown by strikeout.
2
Section 30-112 Supplemental Use Regulations:
* * *
(h) Height exemptions. The height Regulations as set forth in the zoning districts, shall not
apply to the following:
Airplane Beacons
Belfries
Communication Towers
Chimneys
Church spires
Conveyors
Cooling towers
Cupolas
Elevator bulkheads
Fire Towers
Flag poles
Lofts
Monuments
Ornamental Towers and spires
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(24) (25)
Stacks
Steeples and domes
Smoke stacks
Tanks
Roofs (see subparagraph d.
below)
Satellite dishes (see
subparagraph 1 below)
Television antenna
Towers, decorative
Water Towers
Lighting structures for
Village recreational facilities
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 percent, except for the height of roofs, which shall be pursuant to
subparagraph (d) below, and except for lighting structures for Village
recreational facilities (including lighting for playing fields) which may have
a height of up to 70' feet. The maximum Floor Area of any of the rooftop
structures listed above is limited to ten percent of the roof area of the entire
Building. Equipment shall be screened in a manner that prevents it from
being seen from the Street. 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 five 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.
3
(d) Principal Building roofs shall comply with the following requirements:
1. Hip roofs shall be symmetrically pitched between 4:12 and 8:12
ratios.
2. 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.
3. Flat roofs shall have a minimum Parapet height of one foot.
4. Shed roofs shall have a minimum pitch of 3:12 ratio.
5. Roof overhang. No portion of a roof, including the gutter, shall be
permitted to extend more than five feet from the exterior Wall of a
Building and not closer than 3.5 feet from an interior side property
line or 2.5 feet from any Wall facing a Street.
6. When a scupper drainage system is used, the scupper shall have a
minimum 7.5 foot Setback from any Lot line.
Section 3. 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 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. That 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 1 Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
4
PASSED AND ADOPTED on first reading this 3rd day of August , 2004.
PASSED AND ADOPTED on second reading this 31st day of August , 2004.
/a r i C&.(,G1!.
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE ATTORNEY
F:\ 100\ 103001 \Ordinances\Account
e 5.12.04.doc
5
. t OF KEY BISCA'VNE
OFFICE OFilla VILLAGE CLERK
PUBLIC NOME
Notice is given that the fotlo+ ng .ordinances will be considered on
Second Reading by the Village Councl of the Village of Key Biscayne at
a meeting to be held on Tuesday; August 31, 2004 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
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
O.V. FERBEYRE. who on oath says that he or 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 advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - MEETING - 8/31/2004
ORDINANCE AMENDING CHAPTER 30 "ZONING", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
08/19/2004
. f.
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 publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re. - e, commis ' • • or refund for the purpose
of securing thi adverti -nt for . blication in the said
newspaper.
(SEAL)
Sworn to and subscribed before me this
, A.D. 004
O.V. FERBEYRE personal)
Maria 1. Mesa
• My Commission DD293858
tQa$1fias March 04, 2008
AN ORDINANCE OF' THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING
CHAPTER 30, "ZONING," AT , SECTION 30-104
"INSTITUTIONAL. DISTRICT" TO .AID "# ,.AGE RECREA-
TIONAL FilICE ES►M,'TO THE UST CIF 401114,PEPOMITED
USES; WOOING SECTION 30-112 70IMpUESEINTiu USE
REGULATIONS," AT SUBSE EXEMP-
TION" TO PROVEDE HEIGHT $ -FOR, LIGHTING
STRUCTURES Fc/A Y RECiF TIONAL FACILITIES;
PROVIDING -FOR S BIL ITY; PROVIDING, FOR INCLU-
SION IN CODE; PROVIDING FOR AN EFFECi1.'NE DATE.
AN ORDINANCE OF TilE. VILAAGE -OF ,KEY BISCAYNE,
FLORIDA, PROVIDITG-FOR AMENDMENT OF THE VILLAGE
tION 5.01 "ELECTIONS"; BY
�H IENT OF PRIMARY
-pROCEDORNS PERTINENT
CHARTER BY AMENDING SE
PROVIDING FOR THE
ELECTION SYSTEM
THERETO; SIB#- REVISION OF MAYORAL AND
COUNCIL ELECTION • COWAENC „ WTTII 2006
ELECTION, To ?ROVIDE ry, poimjARY ELECTIONS FOR
MAYOR AND Comm1 INOCTE BER OFEACHEVEN
NUMBERED YEAR AND FOR REGULAR ELEC flONS FOR
MAYOR AND COUNCIL TO BE IN NC/VENOM OF EACH
EVEN NUMBERED YEAR, 'AND ELM>MINA RUNOFF
ELECTION SYSTEM WHICH CURRENTLY PROVIDES FOR
RUNOFF ELECTIONS TO BE HELD TWO WEEKS FOLLOW-
ING REGULAR ELECTION, AND. ALLOWING ELECTION
DATES TO BE FURTHER ADJUST*/ BY, ORDINANCE OF
THE VILLAGE.- COUNCIL; CALLDIQ AN EIACTION ON THE
PROPOSED AMENDMENTS TO TIRI,VILIMIR CHARTER TO
BE HELD ON TUESDAY,-NOV •2;• 4; PROVIDING
FOR SUBMISSION TO THE ELEM.* FOR,APPROVAL OR
DISAPPROVAL THE CHAFITERANIENDIMWTS SET FORTH
HEREIN; PROVIDING FOR IIE uSITE,,BAu.OT LAN-
GUAGE; PROVIDING FOR PRO 1REFON BALI-OTTING;
PROVIDING FOR NOTICE OF' ELEl{ IO P_ROVIDING FOR
INCLUSION IN THE CHARTER;PROMINO FOR SEVERA-
BILITY; AND PROVIDING FOR AN E F CTIVEDATE.
AN ORDINANCE OF THE VILLAGE, OF -KEY BISCAYNE,
FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEED-
ING $1,300,000 OF LAND ACQUISITKON AND CAPITAL
IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF
KEY BISCAYNE, ,FL.ORIDA; PROVIDING FOR A SUPPLE-
MENTAL RESOLUTION SETTING FORTH THE DETAILS OF
SAID BONDS; AND PROVIDINGAN EFFECTIVE DATE.
The proposed Ordinances may be inspected by the public at the Office of
the Village Clerk. Irtterested parties may appear atlhe Public Hearing
and be heard with respect to the proposed Ordinances. 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- Americans With Disabilities Act of 1990,
all persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 365-5506, not later
than two business days prior to suet" proceeding.
Should any person desire to appeaEany decision of the Village Council
with respect to any'matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including
all testimony and evidence upon which any appeal may be based (F.S.
286.0105).
Comments of any interested patirxrelative to Chis matter may be
submitted in writing and or presented in person at the public hearing.
Conchita 14. Alvarez, CMC
Village Clerk
8/19 04-444/480701M
Zile Miami 3{ernt el Nuevo Herald
www.herald.com www.elherald.com
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared:
OLGA L. ARCIA
who on oath says that he/she is
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of: ,
?ir /0/...%7X7 ri
ee-f �', 1 ;
Affiant fuhersays that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said 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 he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
-- b.e-4../
Sworn to an subscribed before me this
f
My Commission
Expires:
day of
L2 „_
Notary
, 2004
,.i Ng f„ Maria N. Hernandez
�•'' : Commission #DD146171
Expires: Oct 07, 2006
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