The Current State Of Zoning Laws In Miami-Dade County: Ramifications Of Miami-Dade County V. Omnipoint Holdings, Inc

Over the past two decades, Miami-Dade County has reasserted itself as one of America's foremost regions of urban development. From the rapidly redeveloping downtown district to the sights and sounds of South Beach, new construction and redevelopment projects have changed the face of Miami-Dade County and revitalized South Florida as one of the Nation's most sought after destinations. Early developers like Henry Flagler characterized Miami-Dade County as the last train stop to paradisehis prognostication has been fulfilled.

The recent surge in urban development throughout Miami-Dade County can be, at least partially, contributed to the area's rise in population. The warm climate, natural beauty, and scenic landscape of Miami-Dade County have always attracted people to the area but the amount of new residents flocking to the County in recent years is no less than staggering. According to population projections issued by the U.S. Census Bureau, Miami-Dade is among the top ten most populated areas of the Country with well over two million residents. Estimated growth rates show that over a quarter of a million people were added to its population base between 1990 and 1999 and an additional 36,321 new residents came to call Miami-Dade County home between years 2000 and 2001. During the last census count, nearly 30,000 new housing units were constructed in Miami-Dade County and a vast number of commercial and industrial developments continue to be underway. Today, scattered construction cranes stand throughout the County as monuments to Miami-Dade's bullish development market. The American dream of owning a single-family home is clearly evident in the western areas of Miami-Dade County.

In the early part of last year, however, the future course of development in Miami-Dade County was seriously impaired when, on March 6th, 2002, the Third District Court of Appeal released its decision in Miami-Dade County v. Omnipoint Holdings, Inc., 811 So. 2d 767 (Fla. 3d DCA 2002). The case arose from an appeal filed by Miami-Dade County that sought to quash a circuit court's order directing the County to grant zoning relief to construct a 148-foot telecommunications monopole in the southwest portion of Miami-Dade County. Although the issue was not directly before the Court, the Third District declared the provisions and standards of the Miami-Dade County Code (the "Code") that authorize the Board of County Commissioners and the County's Community Zoning Appeals...