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Home My Public Portal About2002-06 Amending Section 30-100f3 of the Zoning and Land Development Regulations re Max Project of Docks and Mooring PilesORDINANCE NO. 2002-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100(0(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO VILLAGE WATERWAYS AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE. WHEREAS, the Zoning and Land Development Regulations provide for an amendment process; and WHEREAS, the proposed text amendment is consistent with the review criteria set forth in Section 30-71(b) of the Zoning and Land Development Regulations; and WHEREAS, the Regulations limit the maximum projection of docks and mooring piles into Village Waterways and Biscayne Bay for purposes of protecting the health, safety, and welfare of the Village; and WHEREAS, the Miami -Dade County Department of Environmental Resources Management regulates maximum projection of docks and mooring piles into Biscayne Bay for purposes of protecting the natural resources of these bodies of water; and WHEREAS, there are conflicts between the Village's and County regulations which prevent property owners along Biscayne Bay from having docks; and WHEREAS, the Local Planning Agency held a public hearing on May 28, 2002 and recommended that this ordinance be approved; and WHEREAS, the Building, Zoning, and Planning Department has recommended that this ordinance be approved; and WHEREAS, property owners along Biscayne Bay have a reasonable expectation that the regulatory agencies would permit docks that address the health, safety, and welfare of the Village and the protection of our natural resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That Section 30-100(0(3) "Docks and Mooring Piles" of the Zoning and Land Development Regulations is hereby amended as follows: 1 Sec. 30-100(0(3) Docks and Mooring Piles. a. General Regulations. No Docking Facility within the single family districts in the Village of Key Biscayne shall be constructed without prior written approval by the Village of Key Biscayne Building, Zoning and Planning Department. The Village reserves the right to deny such permit for any Docking Facility which is determined, under the criteria provided herein and by applicable law, to be detrimental to the equitable, safe, and adequate navigation of all Waterways in the Village. 1. All Docks, davits, fenders, watercraft and mooring piles must be set back a minimum of ten (10) feet from each side property line extended. 2. No Mooring pile shall have a height exceeding 13 feet above NGVD (National Geodetic Vertical Datum) nor extend into the waterway a distance more than twenty-five (25) feet or 20% of the waterway width at the point of extension, whichever is less. 3. All Docks and mooring piles shall be constructed in accordance with Section D - 5.03(2)(a) of the Dade County Public Works Manual (see diagram below). All watercraft or any portion thereof shall be docked or moored inside an area as depicted in the triangle diagramed below, and must be docked parallel to the bulkhead. SIDE PROPERTY LINE DOCKS. WATERCRAFT AND MOORING PILES MUST BE WITHIN ENVELOPE BULKHEAD 4. Mooring piles and Dolphins may not extend more than twenty (20) feet from a Dock. Mooring piles and Dolphins on Biscayne Bay shall not extend more than twenty-five (25) feet from the bulkhead. 5. No Dock shall extend from a bulkhead into any canal, lake, or waterway a distance greater than ten (10) feet, or 10% of the width of the waterway, whichever is less. Notwithstanding the foregoing, no Dock or Mooring pile shall extend into Biscayne Bay a distance of more than twenty-five (25) feet from the bulkhead. 2 6. Where the width of a waterway does not permit the placement of a Dock or outer Mooring pile, Fender Mooring piles may be placed at a distance not to exceed eighteen (18") inches from the bulkhead. Section 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. Section 3. 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 part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any provision of the Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31 et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5. Effective Date. That this ordinance shall be become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 28th day of May , 2002. PASSED AND ADOPTED on second reading this 11th day of CO ' ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: T_,7.tAi,2_,L.,k.. .___. RICHARD JAY WEISS, VILLAGE ATTORNEY 3 MAYOR JOE I. RAS O the Miami iiverata el Nuevo Herald www.herald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: OLGA L. ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Mu) il-; .2pn2 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day 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 he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). 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D00..wh CMOs* CED os.war..waataaw.a PUBLIC NOTICE Public Hearing for Proposed PY 2003 - FY 2007 Caeohdased PlaOmg Process Policies and PY 2003 Action Plan Policies. The Board of Cosily Commissioners .B consider a request hoot the MWo-Dade Once of Co y .wl Eeommic Devdopmo to approve recmtomded Caesohdated PhaY2 Process Polkies that will mode the FY 2003-2007 C"..'1. '4 Paaitg Proems ad the FY 2003 Request for Appsunoe (SFA). for awr5YK Commaty Devebpotat Block Gam (CMG), HOME A1voMMent Pa,5se p (HOME), State Hoaxes Initiation Prterthip (SW), Pmgacy Shaker Oran (ESO) sod Satre Arwla MK public buret is scheduled as part of the Board of Cowley Cemmhdare wain on Jae 4, 2002. which cos keen at 9:00 am. is the Courolsdoa Chamber located on the second level of the Stephen P. (lark Cyder, III NW FaN Street, Miami, Florida The publicise/Red to wend awl commie On May 20. 2002, copes of the FY 2003 Proposed Policy Pape an he obsamd harm 8700 em coda 3Og p m Monday through Friday. N the Miami -Dade Office of Camaky awl Economic Developmeee. 140 Wee Ftegbr Street, Suite 1000. For more Women., cal (305) 375- 3403 MWaFDedde County provides equal axes and equal opportaky is empbyleet and services and dog mot thscitemie oe the Wes of the handicap Apeman who decides to appeal ay decann made by may hoard, gamy or commission .oh respect to any moor coaidred at ks mewls* or homMs vvii teed a record of the prooadisge Sail pram may seed to wee d ist s vrbatdr heard of the proceedings k made, includisa the tesemay sad evidence epos which the appeal to be hued 'Mirn Lepage Yrp 0 gm mrs me available wpm reee.M Please all (305) 375.3403 at Wm lie deym 10 Mace. VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF ADOPTION OF ORDINANCES ON FIRST READING Please be advised that the Village CouTci of the Village of Key Biscayne, sitting as the Local Planning Agency, will hold public hearing on Tuesday, May 28, 2002 at 7:00 pm, In the Cound Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, to consider making a recommendation to the Village Council on the following ordinance: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30- 100(f)(3) OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM PROJECTION OF DOCKS AND RELATED MARINE STRUCTURES INTO THE ATLANTIC OCEAN AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Immediately blowing the Local Kenning Agency meeting, the Key Biscayne Viage Councl in the Council Chamber wi consider ate public hearing the adoption of the above ordinance on First Rearing. A copy of the proposed ordinances may be obtained at Village Hal, Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149. Interested parties may appear at the public hearings and be heard with respect to the proposed ordnance.. In accordance with the Americans with Dieablities Act of 1990, al persons who am disabled and who need special accommodations to participate in this proceeding because of that disabity should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365.5508, not later than two business days prior to such proceeding Should any person desire to appeal any decision of the Local Planning Agency or the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made nckWng all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez, CMC Village Clerk Our TV Week Is your handy guide to this week's 'Best Bets.' NOTICE OF REGULAR MEETING MIAMI-DADE FIRE BOARD NAbee of Regular rinsing of the MWnFDede Fire Board on Wednesday, May 22, 2002111:30 p.m. The meting will be held at 9300 N.W. 41st SNeel, Mare, FL 33178 Copes d the spends maybe obtained item the Clerk of to Morn -Dade County Commission, 111 N.W.100 Sheet 17th Floor, Main, Ronde Any pinion deang to appal any demon made M Cl. hwag cod teed a record of the proceedings, end O w l be UK re0Doseo0ia b neon that a verbatim record of IM proceedings r made, teach record i d des the testimony and evidence upon *loch the appale b be based Multiple members of lndvidud community councils may be present. UtAH NOTICE As a convenience to taxpayers, the Miami -Dade County Tax Cdledoq's Office, downtown location, will open for business on Saturday, May 18, 2002, from 9:00 a.m. to 3:00 p.m. to accept property tax payments, auto tag transactions and occupational license payments. Miami -Dade Flagler Building 140 West Flagler Street Miami, FL 33130 DISTRICT 2 PUBLIC HEARING City aliensresidents&e encouraged to participate in a Disltict 2 Public 1( n C nntissan Plumb 1' ers 00 Pan 11 eiiccarrti Drive. The dpur se of this pubic hearing E to receive comment hum the pubic releaart to the performance of AT&T Broadband ii the potion of cede services. Interested individuals are encouraged to skid the above pubic hearings. (/1044) Priscilla A Thompson City Clerk CITY OF MIAMI ADVERTISEMENT FOR RFP Sealed moped. MN be malted by the dry of Alan City Cleat d her a loomed et City 110, 3600 Pan American Dam, AaenA, FL 33133 for the followino FFP NO. 01-02-1748 POLICE RESOURCE ALLOCATION STUDY OPEMNO DATE. 1100 A.M. MONDAY, JUNE 70.2002 Tuaday. May 25, 2002) This raceme for Repoaais (1R. II le 0014.4e upon ,.peed d I e Skye Paciwdrrg Department, 444 SW 2nd Avenue Sam Rom, (1.14. Florida 33130 or download from CIty'o webrta m wow •l sea Ike Raah.Ing Department BIW1*P Mnammnant., The Telephone number 10051 4161105 m(305)415-11122 THIS RIP IOUCITATTON B SUBJECT TO TINE •CCMIE OF SILENCE.' IN ACCORDANCE WITH MIAMI-DADE COUNTY CODE SECTION 2-11.1., AS AMENDED. Cale A. Oimrwz City Mrepr AD 140.9191 DISTRICT 4 PUBLIC HEARING CITY OF MIAMI, FLORIDA City of Miami residents are encouraged to pertidpets in a District 4 Public Hearing on Wednesday May 22, 2002 at 6:00 p.m. et Coral Gate Park, 1415 SW 32 Avenue. The purpose of this pubic hearing is to receive comment from the public relevant to the performance of AT&T Broadband in the provision of cable seMoee. Interested Individuals are encouraged to attend the above public hearings. (#10495) Priscilla A. Thompson CRY Clerk Saki its•FiaeArt•Odtete•Meek•iielary•)enet.Wa Friday, Mar 17-11 a.m. to 11 p.m- Sardey,May l2- IIaubltpm. Senday Mq IS - 11 LJna to 9 pJn. Mysteries 110 (Oa eels at the dorm) Coma* Seem cana.il.. 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