§ 32-11. Eminent domain.

Governmental right-of-way takings. If, as a result of governmental right-of-way takings, by either negotiation or condemnation, existing building or vehicular use areas or other permitted uses would, but for this subsection, become non-conforming or further non-conforming with the setback and landscape provision of this Code, the following provision shall apply:

(1)

Subject to procedure set forth in subsection (4), existing building and vehicular use areas or other permitted uses which are not within the part taken, but which, because of the taking, do not comply with the setback, landscape or other requirements of this Code, shall not be required to be reconstructed to meet such requirements and the remainders shall deemed thereafter to conforming properties. The exemption thus created shall constitute a covenant of compliance running with the use of the land.

(2)

Subject to the procedure set forth in subsection (4), any conforming building or vehicular use areas or other permitted uses taken either totally or partially may be relocated on the remainder of the site without being required to comply with the setbacks provisions of this Code except that the relocated building or vehicular use areas or other permitted uses shall be set back as far as is physically feasible without reducing the utility or use of the relocated building or vehicular use areas or other permitted uses below its pre-taking utility use. The exemption thus created shall constitute a covenant of compliance running with the land.

(3)

Any properties exempt according to subsections (1) and (2) above which are thereafter destroyed, other than by voluntary demolition, to an extent of more than 75 percent of the value at the time of destruction, may be restored but only to the pre-destruction condition.

(4)

As to the exemptions in subsections (1) and (2) above, either the condemning authority or the landowner or both of them may apply in writing to the town for a determination by it that the granting of the exemption will not result in a condition dangerous to the health, safety, or welfare of the general public. The town shall, within 30 days of the filing of applications, determine whether or not the exemption to the setback granted buy this section will endanger the health, safety, or welfare of the general public. If the town determines that the granting of the exemption under this section will not constitute a danger to the health, safety, or welfare of the general public, the town shall issue a signed letter to all parties granting exemption. The letter shall specify the details of the exemption in a form accordable in the public records of Miami-Dade County, Florida. If the application is denied, the town shall issue a signed letter to the applicant specifying the specific health or safety ground upon which the denial is based.

(5)

Any development permits or variances necessary to relocate building or vehicular use areas or other permitted uses taken or partially taken may be applied for the condemning authority and granted for the property in question.

(Ord. No. C-361, § 1, 6-3-2013)

Editor's note

Ord. No. C-361, § 1, adopted June 3, 2013, did not specify manner of inclusion; hence, inclusion as section 32-11 is at the discretion of the editor.