§ 33D-31. Legislative intent.

(a)

The Board of County Commissioners of Miami-Dade County, Florida, hereby declares that it is in the public interest to provide a unified management system for the Biscayne Bay Shoreline Area that will preserve the basic qualities, characteristics, and the natural, recreational and aesthetic values of the Biscayne Bay area, including the northern embayments of Dumfoundling Bay, Maule Lake and Little Maule Lake. In making this declaration the Board is mindful of its authority under its Home Rule Charter to prepare and enforce comprehensive plans for the development of Miami-Dade County; to establish, coordinate and enforce zoning as is necessary for the protection of the public; and to exercise all powers and privileges granted to municipalities, counties and county offices by the Constitution and law of the State, and all powers not prohibited by the Constitution or by the Charter, and to perform any other acts consistent with laws which are required by the Charter or which are in the common interest of the people of the County.

(b)

In furtherance of its duties and responsibilities under the Home Rule Charter, this Board has adopted the Comprehensive Development Master Plan to plan for and manage population growth in a manner compatible with preserving the natural environment, to protect natural and man-made amenities, and to improve the process of evaluating development and redevelopment projects in order to achieve creative developments which are coordinated with services and to insure the harmonious relationship between man and his environment.

(c)

In discharging its duties and responsibilities under the Home Rule Charter the Board has declared Biscayne Bay to be a County aquatic park and conservation area for the use and benefit of all citizens of Miami-Dade County and has adopted the Biscayne Bay management plan to address and resolve certain jurisdictional problems relating to shoreline management; to provide a wide array of water-oriented opportunities for the public-at-large at the water's edge; to enhance physical and visual access to Biscayne Bay and the northern embayments; to provide environmentally sound utilization of those water bodies; to maintain or enhance biological communities that are essential to the long-term viability of Biscayne Bay and the northern embayments; and thus to enhance Biscayne Bay's and the northern embayments' contribution to the economic health of the Miami-Dade County community.

(d)

In accordance with the provisions and recommendations of the Biscayne Bay Management Plan, the procedures and criteria included hereinbelow are intended to achieve the following objectives:

(1)

To preserve or enhance the natural, aesthetic and recreational values of the Biscayne Bay area.

(2)

To encourage the best use of the water and shoreline area for the benefit, use and enjoyment of residents of and visitors to the Miami-Dade County.

(3)

To provide the maximum amount of public visual and physical access to the water through the provisions of mixed use facilities and places open to the public at large, such as walkways, boardwalks, plazas, and observation areas along the shoreline.

(4)

To encourage new shoreline development along the waterfront to respect the coastal environment, and to orient or reorient shoreline uses and buildings to the water.

(5)

To avoid monotony in building heights and widths and appearances along the developed areas of shoreline and, above all, to avoid further walling off of the shoreline through appropriate site preparation and landscape design.

(6)

To prevent the siting of uses along the bayshore that are incompatible with adjacent in-water and developed areas.

(7)

To encourage the retention and use of native plant materials along the shoreline.

(8)

To provide landscaping in the viewing corridors and shoreline setback areas that focuses views toward the water.

(9)

To create or recreate over the next few decades, a natural soft edge and greenbelt-like quality along the bay shoreline.

(10)

To plan and design new developments, or make improvements to existing developments, in a manner that will enhance the view and enjoyment of the water and shoreline area from the street, from the water, from within the development and overlooking the development.

(11)

To encourage the integration of existing historic structures and features in new shoreline developments.

(e)

This article and all implementing resolutions adopted pursuant to this article shall apply to both the incorporated and unincorporated areas.

(Ord. No. 85-14, § 1, 3-5-85; Ord. No. 00-77, § 1, 6-6-00)