HomeMy Public PortalAbout1992-10 Establishing a 150 foot maximum height limitation for structuresORDINANCE NO. q 4 " / D
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING A 150 FOOT MAXIMUM
HEIGHT LIMITATION FOR STRUCTURES; PROVIDING
FOR VESTED RIGHTS; PROVIDING FOR EXHAUSTION OF
ADMINISTRATIVE REMEDIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
WHEREAS, pursuant to Article VIII of the Charter of the
Village of Key Biscayne certain ordinances of Metropolitan Dade
County are applicable to the Village as municipal ordinances,
including Chapter 33 of the Dade County Code (the "Zoning Code");
and
WHEREAS, the Zoning Code regulates the height of structures
permitted within the various zoning districts; and
WHEREAS, it has been determined by the Board of Trustees that
the maximum height of structures permitted by the Zoning Code in
certain districts is inconsistent with the character of the Village
and incompatible with the existing development and resources as
well as the aesthetics of this barrier island community; and
WHEREAS, the Village wishes to control and limit the height of
structures which contribute to the degradation of the quality of
life in the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Sec. 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new Article which shall read as follows:
ARTICLE ,One . HEIGHT LIMITATIONS.
Section 1. Height Limitation. Notwithstanding any
provision to the contrary contained in Chapter 33 of the
Code of Metropolitan Dade County (the "Zoning Code"), no
development approvals, orders or permits shall be issued
for any structure which exceeds 150 feet in height,
except for those exempt structures expressly listed in
Section 33-55 of the Zoning Code.
Section 2. Vested Rights. Nothing in this Ordinance
shall be construed or applied to abrogate any vested
right of any property owner to build a structure to a
height in excess of 150 feet, where that property owner
can demonstrate as follows:
(a) an act of development approval obtained prior
to the effective date of this Ordinance;
(b) upon which the owner has detrimentally relied
by making substantial expenditures; and
(c) that it would be highly inequitable to deny the
owner the right to complete the development.
Any property owner claiming to have vested rights under
this Section 2 must file an application with the Village
for a vested rights determination within 90 days of the
effective date of this Ordinance. The application shall
be accompanied by a fee of $1,500 and contain a sworn
statement as to the basis upon which the vested rights
are asserted, together with documentation required by the
Village and other documentary evidence supporting the
claim. The Board of Trustees shall hold a public hearing
on the application and based upon the evidence submitted
shall make a determination as to whether the owner has
established vested rights.
Section 3. Appeals. Appeals from final decisions by
the Board of Trustees under this section shall be by
filing of a notice of appeal in the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, in
accordance with the Florida Rules of Appellate Procedure
for the review of the rulings of commissions or boards.
Section 4. Exhaustion of Administrative Remedies. No
property owner claiming that this Ordinance as applied
constitutes or would constitute a temporary or permanent
taking of private property or an abrogation of vested
rights may pursue such claim in court unless he has first
exhausted the administrative remedies provided herein.
2
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 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
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.
PASSED AND ADOPTED on first reading this
le14 , 1992.
3
r z
day of
PASSED AND ADOPTED on second reading this 6- day of
'-Ys(Aett , 1992.
RA,E'AEL H. CONTE, MAYOR
ATTEST:
Village Clerk
APPROVED AS TO FORM AN U LEGAL SUFFICIENCY
Stephen
JJOAA
age Attorney
4
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A Knight-Ridder Newspaper
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VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR.
85 W MCINTYRE ST
KEY BISCAYNE FL 33149-1897
1 OF
1
eiflerald
ADVERTISING STATEMENT
6371180109204260004094315
Your billing number is: 711801 0 04/26/92
If you have any questions regarding this statement, call 376-2500 in
Dade, 525-1177 in Broward or 1.800-234-4803 in Palm Beach
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MIAMI HERALD
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SLUNG DATE
THE MIAMI HERALD PUBLISHING CO
1 HERALD PLAZA
MIAMI, FLORIDA 33132-1693
VILLAGE OF KEY BISCAYNE
SAMUEL KISSINGER, VILLAGE MGR.
85 W MCINTYRE ST
KEY BISCAYNE FL 33149-1897
7118010
04/26/92
14
PROOUCT
s
BILLING PERIOD
6
TERMS OF PAYMENT
7/8
ACCOUNT NO.
04/20/92 - 04/26/92
C.O.D.
711801 0
I CONTRACT AGREEMENT
29
ADVERTISING THIS PERIOD
29
ADVERTISING TO DATE
TYPE
RENEWAL DATE
SIZE
REBATABLE
NON-REBATABLE
TOTAL
REBATABLE
NON-REBATABLE
TOTAL
ATE
11
REFERENCE
AD NUMBER
12
13
D CT CODE
CHARGE OR CREDITS
30
cuss
PAGE
15
— SAW
DIMENSIONS
16
TIMES
17
BILLED UNITS
18
RATE
19
Grross AMOtMIT
20
NET AMOUNT
•/21
BALANCE FORWARD
CLASSIFIED ROP CONTRACT 711801
MIAMI HERALD
45555A NOTICE OF ZONING CHANGE
CLASSIFIED ROP TO 4,094.31
TOTAL BILLING THIS PERIOD (NET
WE VALUE YOUR BUSINESS . .
THE MIAMI HERALD/EL NUEVO N
MX
TO INSURE YOUR ADVERTISING
THE BALANCE IS DUE IN SEVEN
MONTH FINANCE CHARGE IF NOT
TO PLACE A CLASSIFIED AD Ilr
764-7026 (TOLL FREE)
03B 1 O 3.00
OF
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. TIANK YOU FOR ADVERTISING
ERALD.
RUNS AS SCHEDULED, PLEAS N
DAYS AND SUBJECT TO A 111/
PAID IN 21 BAYS.
BRCWARD, PLEASE CA
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12107
WITH
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2% PER
coo
4,09431
4,09431
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25
21
22
0-29 DAYS
30 DAYS
60 DAYS
90 DAYS
TOTAL NET
AMOUNT
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CURRENT
GROSS AMOUNT
CURRENT
NET AMOUNT
4,09131
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