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Home My Public Portal About2015-04 Amending Section 30-100 - Single-Family and Two-Family Districts - relating to Pool FencesORDINANCE NO. 2015-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100 "SINGLE-FAMILY AND TWO-FAMILY DISTRICTS" OF THE VILLAGE CODE OF ORDINANCES RELATING TO POOL FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has adopted Zoning and Land Development Regulations in order 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 Village's Comprehensive Plan; and WHEREAS, the Village Council desires to amend the Land Development Regulations relating to pool fences in the single-family and two-family districts; and WHEREAS, 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 the adoption of this Ordinance is in the best interest of the residents of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Section 30-100 of the Village Code Amended. That Section 30-100 of the Code of Key Biscayne, Florida, is hereby amended to read as follows: ' Coding. underlined words are additions to existing text, st 1 U "sir words are deletions from existing text. The underlined words are additions between 1" and 2nd reading, t 1 U blr words are deletions. Sec. 30-100. Single Family and Two -Family districts. *** (f) Permitted encroachments in Required Yards. *** (3) Decks, pools, and screen enclosures. *** (e) fences. ul Anyyard that has a swimming pool shall be surrounded by a wall or fence installed in accordance with Section 30-100(fl(6) of the Village Code. 18.11111.....1 cLJ wall, Lnt.tal p;ekt,t fcne.,, el wOV1 M11ee that :s a Lu:nil,laln of fern f..et in -height: With respect to the waterfront zone, this provision shall apply to the front and side yards, but not the rear property line adjacent to the waterfront. Th:J This -provision luny a fi 11e. co..ipl„t.dy saneandJ th.. Fool. O lI a lll..tal in. weed r.,nee 1J 1waL...1 Vu a put., l QwA w11e1 ii A safety pool cover is not an acceptable alternative under Section 515.127, Florida Statutes. the Mowing resld,.ntial swinu111ng pool safi.ty fi,atureJ shall be n.quin.d. at 10 f 4..t, Vl (21 a p..l1h1m1..11t pUVI La111..1 that L11.h.tJ t11., 11.11U11 ..111..11tJ Vf 5....t1Ulr A peri111eta cbs 1/6.11, metal picket fi 11.. , V 1 w V V d f.11.h 1J 13 111Jta111.U. aeept 1.,l pen1J lnea many yald fa fae,s a Se..l, tin, p1ON1s1O11s Of At ,.tl.,u aC 511all net apply, 1I a peu11a11e11f ft() t it 1nJCa11...1. (iiiv) Gates. All openings shall be equipped with gates that have a spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use. 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 2 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. Conflicts. All ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this 14th day of April , 2015. PASSED AND ADOPTED on second reading this 9th day of June , 2015. ATTEST: e4/4 aa/A-zr. CHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC 3 MIAMI DAILY BUSINESS REVIEW Published Daly except Saturday, Sunday and Legal Holidays Miami, Miami Dade County, Flonda STATE OF FLORIDA COUNTY OF MIAMI -DA -DE: Before the undersigned authority personally appeared M ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Flonda, that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of , VILLAGE OF KEY BISCAYNE ORDINANCE - JUNE 9, 2015 in the XXXX Court, was published in said newspaper in the issues of 05/28/2015 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, Flonda, 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, Flonda, 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, rebate, commiss : or refund for the purpose of securing this advertis= e ��or publication In the said newspaper Sworn to an e me this 28 day of �.T� , A D 2015 (SEA M ZALDIVAR personally known to me pe MARIA MESA Notary Public - State of Florida e. c - ' My Comm. Expires Mat 4, 2016 Commission # EE 168275 FP,,,,, ,,, Bonded Through Negate! Notary Assn VILLAGE OF KEY BISCAYNE. OFFICE OF THE VILLAGE CLERK PUBLICNOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne' at a meeting to be held on Tuesday, June 9, 2015 at 7.00 p m , in thel Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,) Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100 "SINGLE-FAMILY AND TWO-FAMILY DISTRICTS" OF THE VILLAGE CODE OF ORDINANCES RELATING TO POOL FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFUCTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Hearing and 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 Americans With Disabilities Act of 1990, at 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 Wesf McIntyre Street, Suite 220,, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days pnorto 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 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 party relative to this matter maybe submitted in writing and or presented in person atthe public hearing Conchita H Alvarez, MMC Village Clerk 5/28 15-4-170/2445645