The URL can be used to link to this page

Home My Public Portal About1992-09 Providing for modification of the provisions of Chapter 33 ZoningORDINANCE NO. q 0, -bct AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR MODIFICATION OF THE PROVISIONS OF CHAPTER 33 "ZONING" OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 8.03 OF THE VILLAGE CHARTER; VESTING JURISDICTION AS TO ZONING MATTERS IN THE BOARD OF TRUSTEES OF THE VILLAGE IN LIEU OF OFFICIALS, COMMITTEES AND BOARDS OF METROPOLITAN DADE COUNTY CURRENTLY EXERCISING SUCH JURISDICTION; PROVIDING FOR DELEGATION BY THE BOARD OF TRUSTEES TO AN INDIVIDUAL TRUSTEE OR OTHER PERSON FOR REVIEW AND SIGN -OFF OF ALL PERMIT APPLICATIONS FOR ZONING COMPLIANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, it is necessary to provide for the continued assumption of certain aspects of building and zoning authority by the Board of Trustees of the Village in lieu of the Board of County Commissioners, the County Zoning Appeals Boards, County Director of Building and Zoning and other County Officials; and WHEREAS, pursuant to the Agreement of October 15, 1991 between Metropolitan Dade County and the Village, an interim agreement has been reached on the transition of Building and Zoning functions and services from Metropolitan Dade County to the jurisdiction of the Village; and WHEREAS, it is necessary to enact this ordinance to facilitate the implementation of the Agreement referred to above. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,': Sec. 1. That the Code of Key Biscayne, Florida is hereby amended by adding a new chapter which shall read as follows: Section 1. Chapter 33 of the Code of Metropolitan Dade County, "Zoning," as made applicable to the Village pursuant to the provisions of Section 8.03 of the Village Charter, is hereby amended to substitute the Board of Trustees in the place and stead of County officials, Boards, or Committees including, but not 1 Underlined text has been added; struck -through -text has been deleted from existing language. limited to, the Board of County Commissioners, the Director of Building and Zoning and the Zoning Appeals Board, so that all zoning review of building permit applications, zoning variances, special exceptions, and other quasi-judicial action shall be taken by the Board of Trustees or by the person delegated such authority by the Board of Trustees pursuant to Section 2 below. The County staff shall perform those functions as provided by agreement between the Village and the County. Except as otherwise provided herein, the provisions of Chapter 33 of the Code of Metropolitan Dade County, "Zoning," 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 Trustees. Section 2. The Board of Trustees may delegate to an individual from time to time, by resolution, 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 Code of Metropolitan Dade County, and as otherwise provided in the codes, ordinances, resolutions and laws made applicable pursuant to Section 8.03 of the Village of Key Biscayne Charter, shall constitute the standards and criteria which shall govern performance of the duties delegated pursuant to this section. The authority of the Board of Trustees to grant zoning variances, special exceptions, or to amend the provisions of the Zoning Codes shall not be delegated under this Ordinance. Section 3. 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 promptly review such action under the standards and criteria referenced above. The decision of the Board of Trustees shall be final, subject to judicial review by writ of certiorari to the extent provided by law. Sec. 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 2 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Sec. 3. Inclusion in the Code. It is the intention of the Village Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Sec. 4. Effective Date. This Ordinance shall be effective upon adoption on second reading upon approval not less than five members of the Board of Trustees. � PASSED AND ADOPTED on first reading this c)� day of ' 1992. �J (743MAND ADOPTED on92. �'second reading this c5 day of , 19 Attest: Village Clerk Approved As to Form And Legal Sufficiency gia,L A -4, Village A or g Y 3 Rafa1l H. Conte, Mayor 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 FLORIDA Notice re: ordinances will be considered on Second Reading by the Key Biscayne Board of Trustees at a meeting of February 25, 1992 X X X in the Court, was published in said newspaper in the issues of February 5, 1992 Afflant 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 copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any o t, rebate, commission or refu or the purpose o �� ring his advertisement for pubii r in the said ne Swor+ 5th Feb day of ribed before me this 92 Ir., A.D. 19 (SEAL) gr ict OF lk "OFFICIAL NOTARY SEAL' CRISTINA MEIN) MY COMM. EXP. 415/95 ,VILLAGE OF KEY BISCAYNE FLORIDA 4= U t tPUIUC NOTICE ;c r!-3 s -C A ? iv* J O ' } ;VV.400 3it • -Notice Is hereby. givetilthertheiSlioWint.Ordinanceff4111 be considered on Secon -Residing 'br4fhe 4 y -Biscayne Board of Trustees at -a'meeti ng to 'beheld on Tuesday, February 25, 1992, ' commencing at 7:00 p.m: at the Key Biscayne Elementary School, 151 West Mclntyre.Street,,Key Biscayne, Florida • = • ,'-" ?gmot : e• p i • � x�c= .fit:: . . Oeg Y _°# : • XDRDINANcE NO.' 1 f O -i 1111t1iR. i/11NCEPQFITI.iE VILLAGE OF KEY`BISCAYNE, -:,,f1DRIDAMESIGNATING THEVIUSAGP.OARD OF"TRUS- AGENCY FOR THE VIL- KWIENNIGWOR t Pipe :E E -=AND. AN - � #111,4 %etc ► htfoitrORINNANCE NO. q AN, ORDINANCE OF:.THE VILLAGE OF KEY .BISCAYNE, • =-FLORIDA;• PROVIDING -FOR MODIFICATION OF THE ,t,soROVISIONS OF CHAPTER 23 "ZONING'.'{AF,TIlE CODE ,y F METROPOLITAN DADE COUNTY AS MADE APPLICA e4BLE TO THE VILLAGE OF. KEY BISCAYNE PURSUANT TO a ;n -SECTION 8.03 OF: THEWILLAGE CHARTER; VESTING Ali -JURISDICTION •AS TO ZONING MATTERS list THEBOARD -m4f OF.TRUSTEES OF THE VILLAGE IN LIEU OF OFFICIALS, ,tT ;COMMITTEES AND BOARDS OFi METROPOLITAN -DADE. .COUNTY CURRENTLY EXERCISING SUCH JURISDICTION; ' PROVIDING FOR DELEGATION. BY THE BOARD OF TRUS- . •TEES TO AN INDIVIDUAL.TRUSTEE OR OTHER PERSON -: 1TO REVIEW AND SIGN -OFF OF ALL•PERMIT APPLICA .i :: TIONS FOR ZONING COMPLIANCE; PROVIDING FOR SEV .ERABILITY, INCLUSION IN. THE CODE AND AN EFFEC- TIVEDATE.. =c: 4 4* ,_ = 19 emu"' .,? .: c , :' i;'t interested parties are Invited to rand be heard. Copies of - the ordinances m y bps.seea=atit* Key Biscayn. Mlllage .Clerk's Office at.91 W. McIntyre St.,,Ste 201, Key Biscayne. h _ , z • Any n peoniwish Ina to appeal:any decision made by this Board , with respe Otto any reattervonsidered at this meeting wt need a record of. the pmcaediap,•.sad=foirTsuch-pu poses, wrapireed to ensure ttstaa of- the proceeding-is•marie which record, includes the testimony.and evidence upon which the appeal is made. > ;, yx . , ; :.. k 215 ,'M;, 7 -. • .r, °k :o.. { Wr. . 92-4-02054- 13M