HomeMy Public PortalAboutOrdinance 2023-0651 - Underground Parking - Second ReadingORDINANCE NO. 2023-0651
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA;
AMENDING CHAPTER 21 "ZONING" OF THE CODE OF
ORDINANCES, TO REGULATE UNDERGROUND PARKING IN
THE VILLAGE; PROVIDING FOR INCLUSION IN THE CODE,
CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, Bal Harbour Village (the "Village") Council finds it periodically necessary
to amend its Code of Ordinances (the "Village Code") in order to update regulations and
procedures to implement municipal goals and objectives; and
WHEREAS, the Village Council now seeks to amend the Village Code to prohibit
underground structured parking for principal residential uses in all zoning districts, and to
require the elevation of the lowest finished level of underground structured parking for
principal nonresidential uses be at least one foot above the watertable, as further specified
herein; and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has reviewed
this Ordinance at a duly noticed hearing on September 19, 2023, and recommended
approval; and
WHEREAS, the Village Council conducted a first and second reading of this
Ordinance at duly noticed public hearings, as required by law, and after having received
input from and participation by interested members of the public and staff, the Village
Council has determined that this Ordinance is consistent with the Village's Comprehensive
Plan and in the best interest of the public health, safety and welfare.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND VILLAGE
COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are hereby adopted
and confirmed.
Bal Harbour Village Ordinance 2023-0651
Section 2. Village Code Amended.
amended to read as follows:
CHAPTER 21. ZONING
That Chapter 21 "Zoning," is hereby
ARTICLE IV. - SUPPLEMENTARY DISTRICT REGULATIONS
Sec. 21-365. - Underground Parking
(a) Properties with Principal Residential Uses. For properties with principal residential uses
in every zoning district, the elevation of the lowest finished floor of the lowest level of
structured parking shall be no lower than Grade.
(b) Properties with Principal Nonresidential Uses and Properties with Hotels. For properties
with principal noncommercial uses in every zoning district, and properties with hotels in
every zoning district, the elevation of the lowest finished floor of the lowest level of
structured parking shall be no lower than one foot above the water table. The Building
Official shall determine whether this standard is met based on the best available
documentation.
Secs. 21-36-56-21-380. - Reserved.
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. Inclusion in the Code. That it is the intention of the Village Council,
and it is hereby ordained that this Ordinance shall become effective and made part of the
Village Code; 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.
'Additions to existing Village Code text are shown by underline; deletions from existing Village Code
text are shown by GtFil(ethFeHgh. Changes between first and second reading are shown in dguWe
underline and font.
Bal Harbour Village Ordinance 2023-0651 2
Section 5. Conflict. That all sections or parts of sections of the Village Code, all
ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with
this Ordinance are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective upon
adoption. This Ordinance shall only apply to building permits for which a process number
is issued after the effective date of this Ordinance.
PASSED AND ADOPTED on first reading this 18th day of July, 2023
PASSED AND ADOPTED on second reading this 19th day of September, 2023.
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ATTEST:
Dwight anie, Vil age Clerk
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Bal Harbour Village Ordinance 2023-0651 3