HomeMy Public PortalAbout2023-09 Amending the Village Code by revising section 10-63 "Definitions", 10-91 "Permanent Placement" and section 30-41 "Recreational Vehicles and Manufactured Homes"ORD INANCE NO. 2023-09
AN ORD INANCE OF THE VILLAGE OF KE Y BISCAYNE,
FLORIDA, AM ENDING THE VILLAGE CODE OF
ORD INANCES BY RE VISING SECTION 10-63
"DEFINITIONS," 10 -91, "PERM ANENT PLACEM ENT,"
AND SECTION 30-41, "RE CRE ATIONAL VEHICLES AND
MANUFACTURE D HOMES," RE LATING TO THE
VILLAGE'S MANUFACTURE D HOMES AND
FLOODPLAIN MANAGEM ENT RE GULATIONS;
PROVIDING FOR SEVERA BILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHERE AS, the Legislature of the State of Florida has, in Chapter 166 - Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry; and
WHERE AS, the Village Council of the Village of Key Biscayne (the "Village") has
adopted regulations relating to floodplain management regulations within the Village under
Chapter 10 of the Village Code of Ordinances (the "Code"); and
W HERE AS, the Village participates in the National Flood Insurance Program ("NFIP")
and the NFIP's Community Rating System ("CRS"), a voluntary incentive program that recognizes
and encourages community floodplain management activities that exceed the minimum program
requirements; and
WHERE AS, the Village desires to update its floodplain management regulations as part
of obtaining a new CRS rating; and
WHERE AS, such regulations pertain to accessory structures and prohibiting
manufactured homes in special flood hazard areas; and
WHERE AS, the Village Council finds that adoption of this Ordinance is in the best interest
and welfare of the Village and its residents.
NOW , THERE FORE , BE IT ORD AINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1.
incorporated herein by this reference.
Recitals. That the above-stated recitals are true and correct and are
Section 2. Amending Sections 10 -63 and 10-91 of Chapter 10 of the Village Code.
That Sections 10-63 and 10-91 of Chapter 10 of the Code of Key Biscayne, Florida, are hereby
amended to read as follows:
1 Coding: 8trikethr01:1gh words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted d@llele striketl.nrngl1 and double underline
Page 1 of 3
* * *
CHAPTER 10 -FLOODPLAIN MANAGEMENT REGULATIONS
* * *
ARTICLE II. - DEFINITIONS
* * *
DIVISION 2. - DEFINITIONS
Sec. 10-63. Definitions.
* * *
Accessory structure means a structure on the same parcel of property as a principal structure and
the use of which is limited to parking and storage incidental to the use of the principal structure.
* * *
ARTICLE III. - FLOOD RESISTANT DEVELOPMENT
DIVISION 5. -RECREATIONAL VEHICLES AND MANUFACTURED HOMES
* * *
Sec. 10-91. Permanent placement.
ru Recreational vehicles that do not meet the limitations in Section 10-90 for temporary
placement are prohibited.
12)_ Manufactured homes shall not be permitted in any special flood hazard area.
* * *
Section 3. Amending Section 30-41 of the Village Code. That Section 30-41 of
Chapter 30 of the Code of Key Biscayne, Florida, is hereby amended to read as follows:
* * *
Chapter 30 - ZONING AND LAND DEVELOPMENT REGULATIONS
* * *
ARTICLE III. - GENERAL PROVISIONS
* * *
Sec. 30-41. Recreational vehicles and manufactured homes.
(1) Manufactured Homes shall be prohibited within the Village as provided in Section 10-91.
Page 2 of 3
(2) A Recreational V ehicle shall be stored in a gara ge or Carp ort and shall not be perm itted to
rem ain on a pro perty fo r m ore than 180 days in one calendar year, regardless of w hether the days
are consecutive.
* * *
Section 4. Severabili ty . That the pro visions of this Ordinance are declared to be
severa ble and if any section, sentence, clause or phr ase of this Ordinance shall fo r any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the rem aining
sections, sentences, clauses, and phr ases of this Ordinance but they shall rem ain in effect, it being
the legislative intent that this Ordinance shall stand notw ithstanding the invalidity of any part.
Section 5. C odifi cation. That it is the intention of the V ill age Council and it is hereby
ordained that the pro visions of this Ordinance shall becom e and be m ade a part of the Vill age's
C ode of Ordinances, and that the sections of this Ordinance m ay be renumbered or relettered to
accom plish such intentions, and that the w ord Ordinance shall be changed to Section or other
appro priate w ord.
Section 6. C onfli cts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in confli ct herew ith, are repealed to the extent of such conflict.
Section 7. Effective Date. That this Ordinance shall becom e effective imm ediately
upon final adoption on second reading.
PA SS ED on first reading on the _4_th __ day of A pril 2023.
JO E I. RA SCO
M A Y OR
A T T E ST:
V IL LA G E CL ERK
S TO FO RM AN D LEG A LI TY :
J~
W E ISS SE R OT A H E LFM A N CO LE & BIE RM A N , P.L.
VILL A G E A TTO RN E Y
Page 3 of3
VILLAGE OF KEY BISCAYNE .
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE .
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, May 9, 2023 at 6:30 p.m., in the Council
Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN.ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING THE VILLAGE CODE OF ORDiNANCES BY REVISING
SECTION 10-63 "DEFINITIONS," 10-91, "PERMANENT PLACEMENT,",r
AND SECTION 30-41, "RECREATIONAL VEHICLES AND MANUFACTURED,
MOMES," RELATIN~ TO THE VILLAGE'S. MANlJFACTURED HOMES
AND FLOODPLAIN MANAGEMENT REGULATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; .AND PROVID_IN_G FOR AN EFFECTIVE DATE.
The proposed ordinance may be inspected by the public at th_e Office of
the Village Clerk. _ Interested parties may appear in person 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 Dlsabilities·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 thari two business days
prior to such proceeding. ·
. Should any person desire 1o 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 proeeedings 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 writjng via email to publiccomments@keybiscayne.fl.gov or presented in
person at the public hearing. .
4/21
Jocelyn B. Koch, Village Clerk
23-61 /0000657996M