ORDINANCE NO. 1992-23

AN ORDINANCE OF THE CITY OF MILTON, REPEALING AND REPLACING IN ITS ENTIRETY THE UNIFIED DEVELOPMENT CODE, REPLACING ARTICLES ONE THROUGH EIGHTEEN, RESPECTIVELY, OF PART THREE OF THE CITY OF MILTON CODE OF ORDINANCES; PROVIDING FOR PURPOSE AND INTENT; ADMINISTRATION; PROVIDING FOR DISTRICT REGULATIONS, AND OTHER DEVELOPMENT PROVISIONS AS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR CONFLICTS OF LAW; PROVIDING FOR SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS, INCLUSION IN CODE AND AN EFFECTIVE DATE.

WHEREAS, Chapter 166 F.S. authorizes the City of Milton to establish, coordinate, and enforce laws that are necessary for the protection of the public; and

WHEREAS, the City of Milton has adopted a comprehensive plan pursuant to Chapter 163, F.S. to promote the health, safety, good morals, and general welfare of the community; and

WHEREAS, the update of these regulations have been designed to increase the aesthetic value of the City, to allow for improved access and mobility for all modes of transportation, and to guide the future growth in a direction adherent to the adopted Comprehensive Plan; and

WHEREAS, the City desires to achieve orderly urban development through land subdivision; to promote and develop land to attain the best possible community environment in accordance with the comprehensive plan; and to provide for adequate municipal services and safe streets; and

WHEREAS, the City has this day adopted the City of Milton Unified Development Code, which is a comprehensive Code that completely supersedes the previous Unified Development Code, previous City of Milton Zoning Ordinance and Land Development Regulations; and

WHEREAS, the City intends to consolidate in one place and in logical order to avoid duplication and conflicts in terms and definitions all of its regulations pertaining to land use and development; and

WHEREAS, the City desires to make available to all those who are concerned with land use and development to have access to the regulation thereof in one convenient ordinance which is capable of being published and distributed as a separate and comprehensive segment of the City Code as a whole; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MILTON, FLORIDA:

I)

The following Parts and Articles of the City of Milton's Code of Ordinances are hereby repealed and replaced: PART Ill Unified Development Code to include all 18 articles, by the amended City of Milton Unified Development Code.

II)

There is hereby adopted the following regulations attached hereto which shall be known as the City of Milton Unified Development Code.

III)

The Ordinance is effective upon its passage by the Milton City Council.

IV)

If any ordinance, or any provision of any ordinance, not specified above, is inconsistent or in conflict with the amended Unified Development Code adopted by the City, the terms of the amended Unified Development Code shall take precedence and shall have superiority over any other Milton ordinance.

SECTION 1. AUTHORITY

This Ordinance is enacted pursuant to the Laws of Florida, Chapters 163 and 166, Florida Statutes, and other applicable provisions of law.

SECTION 2: CONFLICT

Whenever the requirements or provisions of this amending ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive requirements shall apply.

SECTION 3: SEVERABILITY

If any part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reasons, such part, section, subsection, or other portion or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect.

The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application.

SECTION 4: CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S ERROR

It is the intention of the City Council for the City of Milton that the provisions of this ordinance shall become and be made a part of the City of Milton Code of Ordinances; and that sections of this ordinance may be renumbered or re-lettered and that the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.

SECTION 5: EFFECTIVE DATE

The effective date of this ordinance shall be thirty (30) days from its adoption date.

PASSED AND DULY ADOPTED, with a quorum present and voting by the City Council of the City of Milton, Florida on the 10th day of October, 2023.

CITY OF MILTON, FLORIDA

ATTEST:

        First Reading September 12, 2023

        Second Reading October 10, 2023

  Legal in form and valid when signed by the City Attorney: