HomeMy Public PortalAbout2024-05 Amending Chapter 30, "Zoning and Land Development Regulations." By creating section 30-114, "Public Stormwater Utility Uses."ORD INANCE NO. 2024-05
AN ORD INANCE OF THE VILLAGE OF KE Y BISCAYNE,
FLORIDA, AM ENDING CHAPTER 30, "ZONING AND
LAND DEVELOPM ENT RE GULATIONS," OF THE
VILLAGE CODE OF ORDINANCES BY CREATING
SECTION 30-11 4, "PUBLIC STORM W ATER UTILITY
USES," TO ALLOW PUBLIC STORM W ATER UTILITY
USES AS A PERM ITTED USE IN ZONING DISTRICTS
W ITHIN THE VILLAGE; PROVIDING FOR
SEVERA BILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
W HERE AS, 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 finds it periodically necessary to amend its Code of
Ordinances in order to update regulations and procedures to implement planning goals and
objectives; 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 this Ordinance is in the best interest of the
Village's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Section 30-114, "Public Utility Stormwater Uses," of the
Village Code. That the Code of Key Biscayne, Florida, is hereby amended by adding a section to
be numbered Section 30-114, "Public Utility Stormwater Uses," which section reads as follows:
CHAPTER 30 - ZONING AND LAND DEVELOPMENT RE GULA TIO NS
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ARTICLE V. - SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS
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1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with ,l€rnble stril~e!lmrngl~ and double underline
S ection 30-114 - Public U tility Storm w ater U ses. Public storm w ater utility uses shall be a
perm itted use in every zoning district, except that such use shall not be perm itted w here pro hibited
under the C om prehensive Plan.
(a) A ny utility installation, including supporting equipm ent required fo r the opera tion ofi
said utility, m ust be screened fr om the right-of-w ay and adjacent pro perties. A perim eter
w all, solid fe nce, landscaping, or other aesthetic m aterial m ay fu lfi ll this requirem ent.
(b) N otw ithstanding any pro vision to the contra ry, any above-gro und storm w ater utility
stru ctur es shall be subject to site plan review in accordance with Section 30- 73.
Section 3. Severability. That the pro visions of this Ordinance are decl ared to be
severa ble and if any section, sentence, cl ause or phra se 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
section s, sentences, cl auses, and phra ses of this O rdinance but they shall rem ain in effect, it being
the legislative intent that this O rdinance shall stand notw ithstanding the invalidity of any part.
Section 4. Codification. T hat it is the intention of the Village C ouncil and it is hereby
ordained that the pro visions of this O rdinance shall becom e and be m ade a part of the Village's
C ode of O rdinances, and that the sections of this O rdinance m ay be renum bered or relettered to
accom p lish such intentions, and that the w ord O rdinance shall be changed to Section or other
appro priate w ord.
Section 5. Conflicts. T hat all ordinances or parts of ordinances, resolutions or parts of
resolution s, in confl ict herew ith, are repealed to the extent of such conflict.
Section 6. Effective Date. T hat this O rdinance shall becom e effective im m ediately
upon final adoption on second reading.
PASSED on fir st reading on the 12th day of __ ~D~e~c~en=1~b~e~r , 2023.
PASSED AND ADOPTED on second reading on the 13 th day of Febru ary , 2024.
A T T E ST :
JO C L YN O C H
V IL L A G E C L E RK
A PPR O V E D A S T O FO RM A N D LE G A LI T Y : ,.,
WE ISS SER OTA H ELFMA N CO LE & BIE RM AN, P .L.
V ILLAG E A TTORNE Y