This Chapter 30 is entitled the "Zoning and Land Development Regulations of the Village of Key Biscayne, Florida." The regulations in this Chapter may be referred to as the "Regulations," the "Zoning Code," the "Code," or this "Chapter."

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

These Regulations are adopted and will be enforced to promote the health, safety, order, convenience, comfort, and general welfare of the public, and to promote and preserve the character and ecological quality of the Village as articulated in the Comprehensive Plan, and a healthy and sustainable interrelationship between the built and natural environments by regulating in accordance with this Chapter, among other things, the Use and development of Land, Density, the size and configuration of Structures, landscaping, the size of Yards and other open spaces, the relationship of development and the natural environment and of proximate development within and among zoning districts.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Listing of zoning districts. The Village is divided into zoning districts of such number, shape and area as to fulfill the purposes of these Regulations. Such districts shall be represented on the Official Zoning Map. The table below explains the symbols used for each district:

Note: District Regulations may be found in Article V.

(b)

Zoning district designation of government owned property. All government owned or ground leased properties shall be deemed zoned GU (Government Use), regardless of whether such properties are as GU on the Official Zoning Map.

(c)

Repository of the Official Zoning Map. The Official Zoning Map shall be on file and available to the public in the Building Zoning, and Planning Department.

(d)

Interpretation of district boundaries.

(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 Street 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 boundary line shall be the property line which shall be as shown on a survey that is signed and sealed by a registered 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.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Application Fees Generally. 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.

(b)

Cost Recovery. To the extent that the review of any zoning and planning application under this Chapter requires the Village to utilize outside contractors, agents, or consultants, the actual market rate cost of such review shall be passed to the applicant. The Village Manager or Village Manager's designee may require that an applicant, at the time a submittal is made, provide an initial preliminary deposit which shall be credited toward the fee charged for application review and processing, and pay additional deposits as may be required from time to time. Cost recovery fees shall be established by resolution of the Village Council, as may be amended from time to time.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2023-15, § 2, 11-14-23)