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Home My Public Portal About2024-07 Amending Chapter 30 Zoning and Land Development Regulations by amending Section 30-30 Nonconforming Structures and Uses and Section 30-100 Single Family and Two-Family DistrictsORDINANCE NO. 2024-07 AN ORDINANCE O~"' THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-30 "NONCONFORMING STRUCTURES AND USES," AND SECTION 30-100 "SINGLE FAMILY AND TWO-FAMILY DISTRICTS," REGARDING FINISHED FLOOR ELEV A TION REQUIREMENTS FOR ADDITIONS TO SINGLE-FAMILY AND TWO-FAMILY HOMES; PROVIDING · FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING F'OR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") finds it periodically necessary to amend its Code of Ordinances (the "Code") in order to update regulations and procedures to implement planning goals and objectives; and WHEREAS, the Village Council desires to amend the Code relating to additions to single family and two-family homes and the required minimum finished floor elevation; and \VHEREAS, the Village Council, sitting in its capacity as the Local Planning Agency, has reviewed this Ordinance and recommends approval; and WHEREAS, the Village Council finds that this Ordinance is in the best interest of the Village's residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Section 30-30, "Nonconforming Structures and Uses," and Section 30-100, "Single Family and Two-Family districts," of the Village Code. That Section 30-30 and Section 30-100 of the Code of Key Biscayne, Florida are hereby amended to read as follows: CHAPTER 30 - ZONING AND LAND DEVELOPMENT REGULA TIO NS *** ARTICLE III. - GENERA L PROVISIONS *** 1 Coding: Strikethrough ·,vords are deletions to the existing words. Underlined 1vords are additions to the existing words. Changes between first and second reading are indicated with €1-1:~ls swil:sihnrngl, and double underline, Sec. 30-30. - Nonconforming Structures and Uses. *** (2) Nonconforming Building or Structure. a. To prevent changes in regulation from unduly burdening property owners, legally established Nonconforming Structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to Nonconforming Structures shall be permitted only in accordance with the following provisions: 1. Internal and external repairs, alterations, and improvements that do not increase the square footage of the Nonconforming Structure shall be permitted subject to the requirements of the Florida Building Code and Chapter 10 of the Village Code. 2. Expansions to a Nonconforming Structure shall be permitted subject to the requirements of the Florida Building Code and Chapter 10 of the Village Code as follows: g)_ If the tetal 8€):tiare fuetage ef the prnpesecl imprnvem€Hlt is e€):tial te er less than 800 S€J:. ft. ancl less than 50 pereent ef the Stnuitme's net 8€):tiare fuetage at the time it beeame neneenfunning, the irnpr@vement shall eemply with etirreHt regMlatieHscmceept that the imprnvemeHt may be eenstrueted with a miHimMm fiHishecl fleer elevatieft e€Jtial te €Jr higher than the finished fleer elevatien fur the NeneeHfurming Struetm'&.- a12~) If the total square footage of the proposed improvement is greater than 800 S€J:. *· btit less than 50 percent of the s_S_tructure's net square footage at the time it became nonconforming, the improvement shall comply with current regulations, except that the improvement may be constructed with a finished floor elevation equal to or higher than the finished floor elevation of the Nonconforming Structure. b~!l) If the total square footage of the proposed improvement is equal to or exceeds 50 percent of the Structure's net square footage at the time it became nonconforming, the entire Structure and site improvements shall be brought into compliance with current regulations. e~£) Once the cumulative total of additional square footage of improvements equals 50 percent of the s_S_tructure's net square footage at the time it became nonconforming, no additional expansions shall be permitted and the entire Structure and site improvements shall be brought into compliance with current regulations. ~g) For the purposes of this Section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications. *** ARTICLE V. - SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS *** Sec. 30-100. - Single Family and Two-Family Districts *** (c) Building and Wall height. *** (2) Maximum exterior Wall height, length, and elevation of the lowest floor. 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 Wall height is 22.5 feet above the Base Flood Elevation for Elevated Homes and the lowest floor for Non-Elevated Homes. The maximum exterior wall height may be increased six-inches for every one-foot that the lowest floor is above Base Flood Elevation not to exceed 24.5 feet. c. The maximum Wall height may be increased at a ratio 8: 12 ( up to 2 7 feet Wall height), as the Wall is Setback from the minimum Setback line. d. Twenty-five percent of the surface area of any exterior Wall or facade exceeding 35 feet in length shall be setback a minimum of two feet. Terraces, Balconies and/or Porches shall not be counted in determining the length of the Wall. e. [Reserved.] f. [Reserved.] g. The minimum finished floor elevation shall be the Base Flood Elevation, except for garages, which may have a ceiling above the Base Flood Elevation with a height of seven feet and six inches from the finished floor elevation. Expansions to existing Nonconforming Structures may have a minimum finished floor elevation as provided in Sec. 30-30(2). *** 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 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. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and 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. Confli cts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PA SSED on first reading on the 12th day of March PA SSED AND ADO PTED on second reading on the 9th , 2024. day of April , 2024. JOE I. RASCO MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY