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Aventura City Zoning Code

ARTICLE IV

- COMPREHENSIVE PLAN

Sec. 31-51. - Purpose.

The City of Aventura Comprehensive Plan was adopted pursuant to the requirements and authority of F.S. ch. 163, pt. II (the "Local Government Comprehensive Planning and Land Development Regulation Act") and Rule 9J-5 and 9J-11 of the Florida Administrative Code. The purposes of the Plan are defined in F.S. ch. 163 and the Plan.

(Ord. No. 99-09, § 1(Exh. A, § 401), 7-13-99)

Sec. 31-52. - Legal status of the Plan.

No development order shall be issued under the provisions of these LDRs unless consistent with the goals, objectives and policies of the Comprehensive Plan.

(Ord. No. 99-09, § 1(Exh. A, § 402), 7-13-99)

Sec. 31-53. - Amendments.

The Comprehensive Plan may be amended in accordance with this section and the notice and hearing procedures as set forth in the LDR and applicable Florida Statutes. Corrections, updates, or modifications of current regulations which were set out as part of the Plan shall not, for the purposes of this section, be deemed to be Plan amendments.

(1)

Who may file. Any person, board, agency or their authorized representative affected by the City's Comprehensive Plan may apply to amend the Plan, except as provided herein. An application to amend the Land Use Plan Map may only be filed by the City Administration, City Commission or an owner of property subject to the amendment.

(2)

Application requirements. Applications shall be made on a form specified by the Community Development Department Director and shall be accepted during the filing periods established. The applicant shall submit all information required to adequately address the filing requirements adopted by the Department of Community Affairs and if applicable, the requirements of Miami-Dade County. In addition, the applicant shall submit all other information determined by the Community Development Director to be necessary to address the comprehensive planning criteria of the City. A fee covering the costs of processing an application for a Plan amendment shall be established from time to time by resolution and shall be submitted with the application.

(3)

Limitations on number of amendments. The City Administration shall establish a schedule for the acceptance of applications for amendments to the Comprehensive Plan. The limitations of F.S. § 163.3187 et seq., as amended, regarding the number and type of amendments which may be filed shall be complied with.

(4)

Notice of public hearings. Public hearings shall be held in compliance with F.S. § 163.3184(11), as amended, and the provisions of this chapter.

(5)

Amendment procedure. The procedure for amendment of the Plan shall be by ordinance, in accordance with F.S. §§ 163.3184 and 163.3187, as amended.

(6)

Local planning agency public hearing. The City Commission, sitting as the local planning agency (LPA), shall hold at least one advertised public hearing on a proposed Plan amendment to review the amendment and provide recommendations. The meeting shall be noticed in compliance with the notice requirements of this chapter.

(7)

City Commission public hearings. The City Commission shall hold at least two advertised public hearings on a proposed Plan amendment in compliance with F.S. §§ 163.3184 and 163.3187, as amended. The meeting shall be noticed in compliance with the notice requirements of this chapter.

(8)

Transmittal of proposed amendment. Following the first public hearing on a proposed Plan amendment, the City, if appropriate, shall transmit the required number of copies of the proposed Plan amendment to the required state and county review agencies.

(9)

Adoption of proposed amendment. Upon receipt of the comments from the Department of Community Affairs, the City Commission shall adopt, adopt with changes or deny the proposed amendment in accordance with the provisions of F.S. § 163.3184(7), as amended.

(10)

Approval of amendment. Upon approval of a proposed amendment, the City Manager is authorized to make such amendment to the plan.

(Ord. No. 99-09, § 1(Exh. A, § 403), 7-13-99; Ord. No. 2012-15, § 4, 10-2-12)