The interpretation and application of these Zoning and Land Development Regulations, shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by these Regulations to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of the law or ordinances or any rules, Regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the Use of any Building or Premises; nor is it intended by these Regulations to interfere with or abrogate or annul any Easements, covenants, or other agreements between parties; provided, however, that where these Regulations impose a greater restriction upon the Use of Buildings or Premises or upon the height of Buildings or require larger Yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, Regulations or permits, or by such Easements, covenants or agreements, the provisions of these Regulations shall control.

(Ord. No. 2000-5, § 2, 5-9-00)

(a)

The general agent, architect, builder, contractor, owner or tenant or any other Person, who commits, takes part or assists in any violation of these Zoning and Land Development Regulations, who maintains any Building or Premises in which any violation of these Regulations shall exist, shall for each and every violation, upon conviction be punished by a fine not exceeding $500.00 or by imprisonment not exceeding 60 days, or by both such fine and imprisonment in the discretion of the court of competent jurisdiction. Each day that a violation is permitted to exist shall constitute a separate offense.

(b)

For violations of these Zoning and Land Development Regulations there shall be, upon a finding of violation by the Special Master, a fine as determined by the applicable State and local statutes.

(c)

It shall be the duty of the Building, Zoning, and Planning Director to enforce the provisions of these Zoning and Land Development Regulations and to refuse to approve any permit for any Building or for the use of any Premises, which would violate any of the provisions of this chapter. The Building Official shall enforce those provisions of this chapter which delegate specific powers and duties to that individual. It shall also be the duty of all officers and employees of the Village to assist the Building, Zoning, and Planning Director and the Building Official by reporting to them any apparent violation in new construction, reconstruction or land Uses.

(d)

The Village's Building, Zoning, and Planning Director and the Building Official are authorized, where deemed necessary for enforcement of these Zoning and Land Development Regulations, to request the execution of an agreement for recording.

(e)

In case any Building is Erected, constructed, reconstructed, altered, repaired, or converted, or any Building or land is used in violation of these Zoning and Land Development Regulations, the Village's Building, Zoning, and Planning Director and the Building Official and/or their designees are authorized and directed to institute any appropriate action to put an end to such violation.

(f)

For purposes of inspection and upon presentation of proper credentials, the Village's Building, Zoning, and Planning Director and the Building Official, and designees are authorized to enter at any reasonable time, any Building, Structure or Premises, for the purpose of determining whether these Zoning and Land Development Regulations are being violated. In the event violations of these Regulations are found on a given Premises, the aforementioned individuals are empowered to issue Notices of Violation to the owner of said Premises and to any Persons responsible for creating or maintaining the violations. Additionally, the Building Official may stop work on projects which violate these Zoning and Land Development Regulations with respect to materials, work, grades, Use or any other provisions of these Regulations.

(Ord. No. 2000-5, § 2, 5-9-00)

(a)

The map attached hereto shall be the Official Zoning Map of the Village of Key Biscayne, Florida. From time to time the Official Zoning Map may be amended pursuant to the procedures set forth in Article IV "Administration of the Zoning Ordinance"; however, all amendments shall be first determined by the Village Council to be consistent [with] the master plan.

(b)

The Official Zoning Map shall be available for public inspection in the Building, Zoning, and Planning Department.

(Ord. No. 2000-5, § 2, 5-9-00; Ord. No. 2000-6, § 2, 5-9-00)

Editor's note— At the direction of the Village, as a part of Supp. No. 36, the Official Zoning Map was amended as set out herein.