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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