HomeMy Public PortalAbout1995-05 Amending chapter 33 of the code of Metropolitan Dade County as made applicable to the Village re ZoningORDINANCE NO.
95-5
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING CHAPTER 33 OF THE CODE OF
METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO
THE VILLAGE PURSUANT TO ARTICLE 8 OF THE
VILLAGE CHARTER; DELETING SECTION 33-310
ENTITLED "ZONING APPEALS BOARD -NOTICE AND
HEARING PREREQUISITE TO ACTION BY THE BOARD";
AMENDING THE CODE OF THE VILLAGE OF KEY
BISCAYNE TO PROVIDE PUBLIC NOTICE
PREREQUISITES TO ACTION ON ZONING
APPLICATIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article 8 of the Charter of the Village
of Key Biscayne certain ordinances of Metropolitan Dade County are
made applicable to the Village as municipal ordinances, including
Chapter 33 of the Dade County Code (the "Zoning Code"); and
WHEREAS, a portion of the Zoning Code provides procedures for
public hearing and notice of hearing prerequisite to action on
zoning applications; and
WHEREAS, Council desires to amend the procedure provided under
the Zoning Code in a manner which would be more streamlined and
appropriate for the Village;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Section 1. That Section 33-310 of the Code of Metropolitan
Dade County as made applicable to the Village is hereby repealed in
its entirety.
Section 2. That the Code of the Village of Key Biscayne,
1 Shaded text has been added to existing language; struck
through text has been deleted from existing language.
Florida is hereby amended by adding a section to be numbered 30-24
which section shall read as follows:
Sec. 30-24. Public hearing; notice of
hearing
(a) When an application, as prescribed
by Sections 33-304, 33-30 and 33-314 of the
Code of Metropolitan Dade County, is filed, it
shall promptly be set for public hearing
before the Village Council.
(b) Written recommendations of the
Village Manager or his designee shall be
developed and such recommendations shall
become a part of the hearing file and record,.
and open for public inspection.
(c) Notice of the time and place of the
public hearing describing the nature of the
application and street address of the property
shall be published in a newspaper of general
circulation in the Village not less than ten
days prior to the public hearing.
(d) A courtesy notice containing
substantially the same information set forth
in the published notice may be mailed to the
property owners of record located within a
radius of 300 feet of the property described
in the application or such greater distance as
the Village Manager may prescribe; provided,
however, that failure to mail or receive such
courtesy notice shall not affect any action or
proceedings taken under this section.
(e) The property shall be posted no
later than ten days prior to the hearing in a
manner conspicuous to the public, by a sign or
signs containing information concerning the
application including but not limited to the
applied for zoning action and the time and
place of the public hearing.
(f) All costs of advertising, mailing
and posting shall be borne by the applicant.
Section 3. Severability. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
2
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.
Section 4. Inclusion in the Code. It is the intention of the
Village Council and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Code of the
Village of Key Biscayne; 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.
Section 5. Effective Date. This Ordinance shall be effective
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 14th day of
March , 1995.
PASSED AND ADOPTED on second reading this 11th day of
April , 1995.
ATTEST:
GUIDO H.444.1....,
NGUANZO, JR., VILLAGE CLERK
a 5,4
. FESTA, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RI C1 ARD JAY I S S , VILLAGE ATTORNEY
3
MIAMI DAILY BUSINESS 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
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a 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
MEETING 4/11/95
ORD. AMENDING CHAPTER 33
in the XXXXXX Court,
was published in said newspaper in the issues of
Mar 31, 1995
Affiant further says that the said Miami Daily Business
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 per • n, firm or corporation
any discount, rebate, comm nd for the purpose
of secu ' g this adverti ication in the said
news •: per
31
...t....day of
(SEAL) I
Octelma V.‘e
Sworn to and subscribed before me this
March 95
A.D. 19
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YILLAOE OF KEY BISCAYNE
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be consid-
ered by the Key Biscayne Village Council at a meeting to be held on
Tuesday, April 11, 1995, at 7:00 p.m., in the Council Chamber, at 85
West McIntyre Street, Second Floor, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMEMING CHAPTER 33 OF THE CODE OF
METROPOLITAN DADE COUNTY AS MADE APPLICABLE
TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE
VILLAGE CHARTER; DELETING SECTION 33-310
ENTITLED 'ZONING APPEALS BOARD — NOTICE AND
HEARING PREREQUISITE TO ACTION BY THE BOARD
AMENDING THE CODE OF THE VILLAGE OF KEY
BISCAYNE TO PROVIDE PUBLIC NOTICE
PREREQUISITES TO ACTION ON. ZONING
APPLICATIONS; PROVIDING FOR SEVERABIL TY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE. •
Interested parties are invited to appear and be heard. Copies of the
proposed ordinance may be obtained at Village Hall, Office of the Vil-
lage Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149.
Should any person desire to appeal any -decision of the Village
Council with respect to any matter to be considered at this meeting,
that person shall insure that a verbatim record of the proceedngs is
made including all testimony and evidence upon which any appeal
may be based (F.S. 286.0105).
Guido H. Inguanzo, Jr., CMG
Village Clerk
3/31
95-4-033114M