HomeMy Public PortalAbout1991-03 An Emergency ordinance providing for modification of the provisions of chapter 33 ZoningcDamicE rro. E q 1-03
AN EMS ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA PROVIDING FOR IODIFICATICN OF THE PROVISIONS OF
CHAPTER 33 "ZONING" OF THE DADE cUJNPY CODE AS ME
APPLICABLE TO THE VILLAGE OF ILLY BISCAYNE PLAT Tb
SECTION 8.03 OF THE VILLAGE CHARTER SO AS 20 VEST
JURISDICTION OF ZONING MATTERS IN THE BOARD OF TRUSTMS
OF THE VILLAGE IN LIEU OF OFFICIALS, caret TTEEE AND
BOARDS OF METROPOLITAN LADE COUNTY EXERCISING NG Sum
JURISDICTION; PROVIDING FOR DE MuTDON BY THE BOARD
OF TRUSTEES TO AN YNDIVIDLAL TRUSTEE OR OTHER PERSON
FOR REVIEW AND SIN -OFF OF ALL PERMIT X3PLIC ATICHS FCi(
ZONING COMPLIANCE; PROVIDING FOR EFFECTIVE DATE;
PROVIDING FCR DECLARATION OF EMERGENCY.
WHEREAS, Section 8.03 of the Charter of the Village of Key
Biscayne provides that until otherwise modified or replaced by the Charter
or by the Village Board of Trustees, all County Castes, Ordinances and
Resolutions in effect on the day of adoption of the Charter shall, to the
extent applicable to the Village, remain in force and effect as a
ltndcipal Code, Ordinance aid Resolution of the Village; and
SAS, it is necessary to provide for the assumption of certain
aspects of Building and Zoning authority by the Board of Truster of the
Village of Key Biscayne in lieu of the Board of County Camnissioners,
County Building and Zoning Appeals Boards, County Director of Building aid
Zoning or other County officials; and
WHEREAS, pursuant to the Agreement of October 15, 1991 between
Metropolitan Dade County and the Village of Kay Biscayne, an Interim
Agreement has been readied on the transition of Building and Zoning
functions and services frau Metropolitan Dade County to the jurisdiction
of the Village of Key Biscayne; and
WHEREAS, it is necessary to enact this ordinance to facilitate
the implementation of the Agreement referred to above.
NCJW, THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That pursuant to Section 8.03 of the Charter of the
Village of Key Biscayne, Chapter 33, "Zoning", of the Dade County Cade, as
made applicable to the Village pursuant to the provisions of Section 8.03
of the Village Charter, is heresy amended to substitute the Boar of
Trustees of the Village of Key Biscayne in the place and stead of County
officials, Boards, or O i raittees including, but not limited to, the Board
of county Commissioners, the Director of Building and Zoning and the Board
of Zoning Appeals, so that all Zoning review of building permit
applications, zoning variances, special exception, and other quasi
judicial action shall be taken by the Board of Trustees of the Village of
Key Biscayne, by the person delegated such authority by the Board of
Trustees pursuant to Section 2 herein below. County staff shall perform
those functions provided by Agreement between the Village and the County.
Except as otherwise provided herein, the provisions of Chapter 33
"Zoning", of the Trade County Code, as made applicable to the Village to
the extent required by Section 8.03 of the Charter, shall remain in full
force and effect until otherwise modified or replaced by the Village Board
of Tom.
Section 2. (A) That the Board of Trustees hereby delegates to
Board of Trustee member Cliff Brody the authority and responsibility to
review and process all permit applications for zoning compliance and to
Show zoning approval by a stamp or mark with signature on all copies of
applications and plans pursuant to paragraph (4) of that certain Agreement
of October 15, 1991 between Dade County, Florida and the Village of Key
Biscayne or as otherwise may be subsequently provided. The standards and
criteria set forth in Chapter 33 of the Dade County Code, and as otherwise
provided in the codes, ordinances, resolutions and laws made applicable
pursuant to Section 8.03 of the Village of Key Biscayne C2 ,r, shall
constitute the standards and criteria which shall govern performance of
the duties delegated pursuant to this section. Provided however, that the
authority of the Board of Trustees to grant zoning variances, special
exceptions, or to amend the provisions of the Zoning Geodes shall not be
delegated under this ordinance. By subsequent resolution, the Board of
Trustees of the Village of Key Biscayne may delegate the authority granted
above to other officers, agents, employees or oammittees of the Village in
a cordanoe with law.
(B) A list of Zoning compliance review actions completed by the
delegate of the Board of Trustees shall be maintained in the Office of the
Village Clerk. If any aggrieved applicant or other aggrieved person
provides written notice of the appeal of such action to the Village Clerk
within seven (7) days after zoning compliance review action is taken by
the delegate of the Board of Trustees, the Board of Trustees shall
2
promptly review such action under the standards and criteria referenced
above. The decision of the Board of Trusteea shall be final, subject to
judicial review by writ of certiorari to the extent provided by law.
Section 3. That it is necessary to take immediate steps to
implement the provisions of the Agreement of 0ctcber 15, 1991 between Dade
County and the Village of Key Biscayne so as to assure a smooth transition
of Building and Zoning functions and to avoid a delay which valid hamper
private parties from proceeding with lawful building activities.
Therefore, the natter of the adoption of this ordinance is hereby declared
to be an emergency.
Section 4. Effective, Date. This ordinance shall be effective
immediately upon passage on first and only receding, as an emergency
ordinance. Pursuant to Sec. 8.07 of the Village Charter, this emergency
ordinance shall be effective for a period of ninety (90) days, and
than after may be readapted, renewed or otherwise continued in the manner
prescribed for ordinances. UANZIfit A
PASSED AND ADOPTED by A vote of the Hoard of Trustees of
the Village of Key Biscayne this a3.. day of Octoi/A.„.
, 1991.
APman ti'N
INTERIM VIII ATI'OPNEY
RAFAEL. H.
MAYOR
3
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the Super-
visor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
VILLAGE OF KEY BISCAYNE
Public Notice
Re: An emergency ordinance of the Village
of Key Biscayne, Florida providing for
modification of the provisions of Chapter 33
"ZONING", etc.
in the X X X
was published in said newspaper in the issues of
December 4, 1991
Court,
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said 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
Dade County, Florida, for a period of one year next preceding
the first publication of the attached co • of advertisement; and
affiant further says that she has nA,,[:r p: • nor promised any
perso irm or corporation and - c • nt, bate, commission
or r • for the pu • • se • = e r g thi - advertisement for
p • I• :ti• n the
4th day of
(SEAL)
EI #subscribed before me this
,A.D.1991
"OFFICIAL NOTARY SEAL"
CRISTINA INGELMO
MY COMM. EXP. 4/5/95
VILLAGE OF KEY BISCAYNE, FLORIDA
PURUC NOTICE
NOTICE IS HEREBY GIVEN THAT THE FOLLOWING EMER-
GENCY ORDINANCES HAVE BEEN CONSIDERED AND PASSED
BY THE KEY BISCAYNE BOARD OF TRUSTEES AT A MEETING
WHICH WAS HELD ON THE DATES INDICATED- WITH THE
MEETINGS COMMENCING AT 7:00 P.M. AT THE KEY BISCAYNE
ELEMENTARY SCHOOL, 151 WEST MCINTYRE STREV0 KEY
BISCAYNE, FLORIDA.
AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA PROVIDING FOR MODIFICATION OF
THE PROVISIONS OF CHAPTER 33 "ZONING" OF THE
DADE COUNTY CODE AS MADE APPLICABLE TO THE
VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 8.03
OF THE VILLAGE CHARTER SO AS TO VEST JURISDIC-
TION OF ZONING MATTERS IN THE BOARD OF TRUS-
TEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMIT-
TEES AND BOARDS OF METROPOLITAN DADE COUNTY
EXERCISING SUCH JURISDICTION: PROVIDING FOR
DELEGATION BY THE BOARD, OF TRUSTEES TO AN INDI-
VIDUAL TRUSTEE OR OTHER PERSON FOR REVIEW AND
SIGN -OFF OF ALL PERMIT APPLICATIONS FOR ZONING
COMPLIANCE: PROVIDING FOR EFFECTIVE .DATE;
PROVIDING FOR DECLARATION OF EMERGENCY.
t
1-U3
Passed October 22, 1991.
AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, PROVIDING FOR THE ADOPTION CI
OF THE FIRST BUDGET OF THE VILLAGE PURSUANT TO
SECTION 8.06 OF THE CHARTER OF THE VILLAGE OF
KEY BISCAYNE: PROVIDING FOR EFFECTIVE DATE;
PROVIDING FOR DECLARATION OF EMERGENCY.
Passed October 30, 1991.
AN EMERGENCY ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE; AUTHORIZING THE PURCHASING OF FIDEL-
ITY INSURANCE/BONDS FOR PERSONS WHO CONTROL
OR DISBURSE FUNDS OF THE VILLAGE; MAKING A FIND-
ING OF THE EXISTANCE OF AN EMERGENCY; MAKING A
SPECIFIC FINDING OF IMPRACTICABILITY; WAIVING
COMPETITIVE BIDDING; AUTHORIZING THE MAYOR TO
EXECUTE NECESSARY AND APPROPRIATE DOCUMENTS
TO EFFECTUATE SUCH PURCHASE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed October 30, 1991.
COPIES OF THE ORDINANCES MAY BE SEEN AT THE VILLAGE
OFFICES, 91 WEST MCINTYRE STREET, SUITE 201, KEY
BISCAYNE. 1214 91.4.120414M