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HomeMy Public PortalAbout2014-11 Amending section 30-100 Single-Family and Two-Family DistrictsORDINANCE NO. 2014-11 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, IN ORDER TO AMEND DEVELOPMENT STANDARDS FOR BOATS AND BOAT TRAILERS; 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 the storage of boat trailers 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: 1 Coding: underlined words are additions to existing text, struck through words are deletions from existing text. Sec. 30-100. Single Family and Two -Family districts. * ** (f) Permitted encroachments in Required Yards. * ** (2) Boat storage. a. The term "boat" as used herein includes vessels and other watercraft, as defined in F.S. § 327.02(36). b. Boats less than 32 26 feet in length, not more than 120 96 inches in width and 13 feet six inches in height (bottom of hull to the highest point on the boat including Towers and T tops), may be stored in the VR, VE, IR, and PS zoning districts subject to all the following conditions: 1. No more than one boat may be stored on any one Lot unless stored in an enclosed garage; and 2. Boats and place of boat storage shall be kept in a clean, neat and presentable condition; and 3. No major repairs or overhaul Work on or for a boat shall be made or performed on the Lot; and 4. The boats shall not be used for living quarters, and shall be placed on and secured to a transporting Trailer. The Trailer shall be sized to accommodate the boat for which it is intended. The boat and Trailer shall be registered to any occupant of the property. , ti•owever, nothing herein shall authorize the Parking of a Trailer on any Lot without a boat. Personalized watercraft (jet ski, waverunner or similar watercraft) as defined in F.S. § 327.39 are required to be placed on a Trailer pursuant to this section (canoes as defined in F.S. § 327.02(3) are not required to be placed on a Trailer); and 5. Boats stored in a Yard that faces a Street shall comply with the following: The Trailer wheels shall be placed on a hard paved surface and the boat shall be perpendicular to the house * * * 2 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 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 28th day of October , 2014. PASSED AND ADOPTED on second reading this 25th day of November , 2014. �I 41, MAY'S MAYRA PENA LINDSAY ATTEST: t CO CHITA( ALWARE�'; MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 3 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC: NOTICE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami Miami -Dade County Florida ;TATE OF FLORIDA :OUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 ORDINANCES - NOVEMBER 25, 2014 in the XXXX Court, was published in said newspaper in the issues of 11/13/2014 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, 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 n d any person, firm or corporation an t, . fission refund for the purpose irrsecurin s advertisement .r p lication in the said newspape Sworn to and subscr (SEAL) MARIA MESA personally -known to me - arrakt9 lelrth • oSIONF ••• * firi i.....:°?-17°..1:1-r: __ . F: {e„ °t c, S;IN -,..,'°�� Notice is hereby gi n ffiat the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to. be held,on Tuesday;. November 25, 2014 at 7:00 p.m., in the Council-Chamlier;_jocated at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE , VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE INVESTMENT ADVISORY COMMIT- TEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AN- ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 7, "BUSINESS REGULA- TIONS" OF THE VILLAGE CODE' OF ORDINANCES TO INCLUDE SECTION 7-1, "PROHIBITIONS REGARDING SALE OR; USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES` BY VILLAGE CONTRACTORS;". -AMENDING CHAPTER'' 19, "PARK" RULES r AND REGULATIONS" TO INCLUDE= SECTION 19-17, "PROHIBITION ON POLY- STYRENE;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. - r 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, IN " ORDER TO AMEND DEVELOPMENT STANDARDS FOR BOATS AND BOAT TRAILERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances 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 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 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 may be submitted in writing and or presented„in person at the public hearing. Conchita H. Alvarez, MMC . Village Clerk - 11/13.;° -„ _. - - 14-4-316/2372313M