(a)

Who may file. An application for approval of a development permit may be filed only by the owner of the land affected by the development permit or an agent of the owner specifically authorized by the owner to file such an application. In the case of an amendment to the Comprehensive Plan or Official Zoning Map, an application may be filed by the property owner or the City of Aventura.

(b)

Application requirements.

(1)

Every application for a development permit shall be in a form specified by the Community Development Department and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Community Development Director.

(2)

The application form shall include each of the following additional items:

a.

Applicant representative affidavit. Each individual or entity applying for a development permit must submit, with the application, an "applicant representative affidavit". The affidavit must be on a form provided by the City and be signed by an authorized representative of the individual or entity applying for the development permit, and the owner of the property subject to the application (if different), whose signatures must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her designee, and shall identify all persons representing the individual or entity applying for the development permit in connection with the application, including, but not limited to, all attorneys, architects, landscape architects, engineers and lobbyists (the "representatives"). Any statement or representation made by any person listed on the applicant representative affidavit shall be binding upon the individual or entity applying for the development permit and the owner of the subject property.

b.

Business relationship affidavit. Each individual or entity applying for a development permit, the owner of the property subject to the application, and each individual or entity appearing on the applicant representative affidavit (including representatives) must submit, with the application, a "business relationship affidavit." The affidavit must be on a form provided by the City and be signed by an authorized representative of the individual or entity submitting the affidavit, whose signature must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her designee, and shall require the individual or entity providing the affidavit to disclose whether it has any business relationships with any member of the City Commission or any City Advisory Board to which the application will be presented, and, if so, disclose the identity of the City Commission or City Advisory Board Member with which the individual or entity submitting the affidavit has a business relationship and the nature of the business relationship.

c.

Definition. The term "business relationship," as used herein, is defined in section 2-395 of the City Code.

d.

Duty to supplement affidavits. If, at any time prior to City Advisory Board or City Commission consideration of an application for a development permit, the information contained in any applicant representative affidavit or business relationship affidavit becomes incorrect or incomplete, the person or entity submitting the affidavit must supplement the affidavit and, if the supplementation requires the submission of additional applicant representative affidavits or business relationship affidavits, ensure that such affidavits are also filed with the City. If any supplementary affidavits are submitted less than seven days before the application is scheduled for consideration by the City Commission or any City Advisory Board, the application may be withdrawn by the Community Development Director or his or her designee, and placed on a subsequent agenda.

(c)

Preapplication conference. The Community Development Director shall, upon request of the applicant, schedule and hold preapplication conferences for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Formal application or filing of an application and plans with the Community Development Department is not required for the preapplication conference. Failure of staff to identify any requirements at a preapplication conference shall not constitute waiver of the requirement by the decision-making body.

(d)

Filing of applications. The Community Development Director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the Community Development Department shall be reviewed to determine whether the application is complete.

If an application is incomplete the Community Development Department shall notify the applicant in writing of the deficiencies. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review.

Once an application is filed, from the time of filing of the application until the time of preparation and distribution to the Commissioners of the City Manager's written recommendation as part of the Commission Agenda item, pursuant to paragraph (e) of this section, no applicant or applicant representative shall contact the City's professional staff (other than the City Manager) concerning the application except in writing or except to respond to specific requests from the City's professional staff.

(e)

Public hearing and notices procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. § 163.3184(15) for a change to the City's adopted Future Land Use Map, F.S. § 166.041 for adoption of ordinances and resolutions, and the City's quasi-judicial legislation as may be amended. When an application for a district boundary change, changes in zoning regulations, appeals of administrative decisions, conditional or temporary uses and variances is filed, it shall promptly be set for public hearing before the City Commission. Written recommendations of the City Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection. Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in accordance with F.S. ch. 50 not less than ten days prior to the public hearing. A courtesy notice containing substantially the same information set forth in the published notice may be mailed to the property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section. The property shall be posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the application including but not limited to the applied for zoning action and the time and place of the public hearing. All costs of advertising, mailing and posting shall be borne by the applicant.

(f)

Rescheduled meeting dates. Public hearings for applications may be deferred or continued by the City Commission to a meeting date certain. The City Commission may waive further notice except as provided for by F.S. ch. 166.

(g)

Examination and copying of application and other documents. At any time during normal business hours of the City, upon reasonable request, any person may examine an application for development approval and materials submitted in support of or in opposition thereto. Copies of such materials shall be made available upon prepayment of the appropriate fee and within a reasonable time.

(h)

Resubmission of applications after denial. An application for development approval may not be resubmitted for reconsideration to the City Commission for a period of one year after the date on which an application for the same development approval has been denied by City Commission.

(i)

Reliance on information presented by applicant. The City and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his agent, in review of an application for development approval issued.

(j)

Restriction upon variance and other development applications. Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, conditional use, temporary use, new use or site plan approval (the "approval") related to such work or to such use may be considered by the City Commission, unless the zoning violation which resulted from the conduct of such work or the establishment or conduct of such use, is first abated and removed, so as to remedy the violation of the City's LDRs. Abatement and removal is required prior to the application being heard by the City Commission.

Under those circumstances in which a permit or development order was issued for the conduct of work or the establishment or conduct of a use, but which nevertheless gives rise to the necessity for an approval application because of non-compliance with permit or development order conditions or otherwise, no approval application shall be heard by the City Commission unless the applicant has first posted with the City a satisfactory surety or cash bond. The bond shall be in a form approved by the City Attorney, in an amount of penal sum approved by the City Manager, and shall provide for removal of the structure, facility or the cessation of the use which gave rise to the zoning violation necessitating the approval application, upon denial of the application.

(k)

Quasi-judicial proceedings. The following applications are quasi-judicial and shall comply with the City's quasi-judicial legislation:

(1)

Site specific rezoning.

(2)

Conditional use applications.

(3)

Variances, including, but not limited to: trees, signs, setback, distance requirements between buildings or other variances permitted by this chapter.

(4)

Development of regional impact.

(5)

Any other development approval deemed to be quasi-judicial by the City Attorney.

(l)

Time limit. Within one year after the Commission takes affirmative action approving an application for a variance, conditional use, other quasi-judicial zoning approval (other than a rezoning) or site plan approval (the "approval"), the approval must be utilized in accordance with its terms. In the event that the approval is not timely utilized, the approval by the Commission shall automatically expire and shall be considered void and of no effect. When taking affirmative action to approve an application, the Commission may extend the time limitations set forth above, by specifically authorizing a longer period of time for utilization of the approval. Additionally, the Commission may grant a time extension for utilization of the approval upon a showing of good cause in an application for extension of time filed prior to the expiration of the initial time period. An approval shall be deemed to have been utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon and the development to which such approval is an integral part is progressively and continuously carried to conclusion.

(m)

Prior approvals. All approvals which have been granted prior to the effective date of this chapter, shall be null and void and of no further force or effect if not utilized within one year after the effective date of this chapter, unless vested rights are demonstrated pursuant to section 31-3(b)(2). The foregoing provision of this paragraph shall not apply if the governmental resolution granting the approval expressly established a specific time limitation for utilizing the approval. In such instances, the time limitation established by such resolution shall prevail.

(Ord. No. 99-09, § 1(Exh. A, § 501), 7-13-99; Ord. No. 2001-11, § 2, 9-4-01; Ord. No. 2002-28, § 1, 11-12-02; Ord. No. 2024-03, § 4, 1-18-24)

(a)

Purpose. Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the Comprehensive Plan. These uses are permitted as of right, subject to the required permits and procedures described in this section. Permitted uses require final site plan review and approval for compliance with the standards applicable to a particular permitted use as provided in these LDRs.

(b)

Permits required. Except as explicitly provided herein, no use designated as a permitted use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits which may include; final plat approval, site plan approval, a building permit and a certificate of occupancy, all pursuant to the requirements of these LDRs.

(Ord. No. 99-09, § 1(Exh. A, § 502), 7-13-99)

(a)

Purpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole, require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed, as well as the imposition of individualized conditions in order to ensure that the use is compatible with the surrounding neighborhoods and appropriate at a particular location.

(b)

Application requirements. No use designated as a conditional use shall be established until after such use has received approval under the provisions of this section and has received all other permits required by these LDRs. An application for conditional use approval shall be filed with the Community Development Department on forms provided. The application shall include:

(1)

A preliminary site plan, meeting the technical requirements for a final site plan.

(2)

An application fee, as may be established from time to time by the City Commission.

(3)

A written and graphic summary of the proposed project.

(4)

Ownership affidavit and owner's sworn to consent, if applicable.

(5)

Current certified survey.

(c)

General standards of review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses shall meet each of the following standards:

(1)

The proposed use shall be consistent with the Comprehensive Plan;

(2)

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare;

(3)

The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use;

(4)

Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs;

(5)

Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets;

(6)

The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and

(7)

The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria.

(d)

Review by City Commission. The Community Development Department shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable development regulations. The Community Development Director shall transmit to the City Manager a copy of the written staff report summarizing the facts of the case including all relevant documents and recommendations. The City Manager shall schedule the proposed conditional use application for the next available Commission meeting providing the required notice procedures are met.

(1)

Public hearing. The City Commission shall hold one public hearing on the proposed conditional use request.

(2)

Action by City Commission. In considering a conditional use request the City Commission shall review the proposed conditional use, the general purpose and standards of review set forth in this section, the report and recommendation of the administration and any oral and written comments received at the public hearing. Based upon the record developed at the public hearings, the City Commission may:

a.

By resolution approve the proposed conditional use with or without conditions;

b.

Deny the proposed conditional use.

(3)

Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in the general standards of review and to prevent or minimize adverse effects on other property in the neighborhood. The City Commission may also require formal approval of a final site plan prior to the issuance of building permits.

(e)

Effect of approval or denial.

(1)

Eligibility to apply for building permit, etc. Approval of the application for conditional use by the City Commission authorizes the applicant to proceed with any necessary applications for site plan approval, building permits and other permits which the City may require for the proposed development. No permit shall be issued for work which does not comply with the terms of the conditional use approval.

(2)

Expiration of conditional use approval. Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 12 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of this time period by filing within the 12-month period a letter stating the reasons for the request. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant.

(3)

Recision of approval by abandonment of use. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use.

(f)

Amendments and alterations to approved conditional uses.

(1)

Except as provided under section 31-73(f)(2), any expansion to an approved conditional use and any addition to or expansion of an existing conditional use shall require the same application, review and approval as required under this section for the original approval of the conditional use.

(2)

Minor changes in the site plan or design details of an approved conditional use which are consistent with the standards and conditions applying to the conditional use and which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, may be approved by the City Manager or his designee without obtaining additional approvals. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the intensity, creation of variances or change in use shall be considered a minor change for the purposes of this section.

(Ord. No. 99-09, § 1(Exh. A, § 503), 7-13-99)

Those uses or enterprises similar to those enumerated in the Business (B) or Industrial (M) Districts will be permitted in the B or M Districts which permits one or more similar uses; provided the Community Development Director finds that such new use is not more objectionable than the enumerated uses in such district, is similar thereto and will be compatible therewith. No use that is enumerated in any B or M District will be permitted in a more restrictive district.

(Ord. No. 99-09, § 1(Exh. A, § 504), 7-13-99)

(a)

Permit required. No temporary use or structure which is not otherwise treated as a permitted use or conditional use in a particular zoning district and which is not otherwise prohibited shall be conducted or erected without a temporary use or structure permit. This section shall not override, and shall not substitute for, any other section of the LDR which requires another type of permit, certificate, or approval.

(b)

Review and approval. An application for temporary use shall be submitted and reviewed in conformance with the procedures of general applicability. Notice and public hearing requirements shall not apply to temporary use or structure permits. The payment of an application fee, established by the City Commission, shall be included with the application for a temporary use permit. Applications for a temporary use or structure permit shall be reviewed and approved by the City Manager or his designee, who may impose reasonable conditions upon the temporary use or structure permit.

The establishment of the following uses shall require a temporary use, structure permit or special events permit issued by the City.

(1)

Construction office trailers for a development project with final site plan approval.

(2)

Construction materials storage, processing and fabrication for a development project with site plan approval.

(3)

Construction equipment storage for a development project with site plan approval.

(4)

Temporary sales offices and model homes established for the express purpose of marketing a real estate development project with the site plan approval. The offices and model homes shall be located on and limited to the property which is being marketed for sales.

(5)

Attended modular trailers for the purpose of collecting, storing or distributing goods on private property. Unattended facilities are prohibited in any zoning district.

(6)

Garage sales.

(7)

Seasonal sales lots offering Christmas trees, pumpkins, flowers and the like; however, no temporary permit shall be issued for sales within public rights-of-way, and fireworks sales shall be subject to Fire Department approval.

(8)

Sidewalk or parking lot sales by City licensed businesses.

(9)

Non-City sponsored fireworks displays and shows.

(10)

Carnivals, fairs, concerts, circuses or similar events.

(11)

Modular trailers or portables for the purpose of temporary facility(ies) only for public or private educational purposes for student classrooms and administrative space, for a development project with final site plan approval. The temporary facility(ies) shall be located on and limited to the property which is the subject of the final site plan approval. The maximum time limit for use of the temporary facility(ies) shall be 18 months from the date of final site plan approval and shall be subject to the provisions of subsection (d) of this section. A removal bond in the amount of $5,000.00 for each structure, in a form approved by the City Attorney, shall be required from the applicant prior to issuance of a permit for the temporary facility(ies).

(c)

Maximum time limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and structures related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project (issuance of the final certificate of occupancy).

(d)

Revocation of permits. Any temporary use which becomes a nuisance, violates the conditions of the permit or is in violation of the LDR shall be revoked by the City Manager. Any temporary use which endangers the public health or safety shall be revoked immediately by the City Manager.

(e)

Exemptions. No permit for temporary use or structure will be required when such use or structure is part of a construction project by or for the City.

(f)

General criteria and limitations for temporary use permits.

(1)

The temporary use must be compatible with the surrounding land uses;

(2)

A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized.

(3)

An applicant may not receive a temporary use permit on the same property more than three times within a calendar year, unless approved by the City Manager or his designee.

(4)

The temporary use must not endanger the public health or safety of the citizens or businesses of the City of Aventura.

(Ord. No. 99-09, § 1(Exh. A, § 505), 7-13-99; Ord. No. 2002-14, § 2, 6-4-02)

(a)

Purpose and scope. The variance process is intended to provide limited relief from the requirements of the LDR in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship, as distinguished from a mere inconvenience, prohibiting the use of land in a manner otherwise allowed under the LDR. Variances shall not be granted to allow the establishment of a use or density which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property.

(b)

Application requirements. An application for a variance shall be filed by the owner of the property upon which the variance is requested or their designated representative. The application shall be on a form provided by the Community Development Director and shall include an application fee as established by the City Commission.

(c)

Staff review. The Community Development Department shall review the application to evaluate whether the proposed variance complies with the general purpose and standards set forth in this section for the granting of variances. The Community Development Director shall compile a written staff report summarizing the facts of the case including all relevant documents. The complete application and staff report prepared pursuant to this section shall be transmitted to the City Manager as provided herein.

(d)

Review by City Commission. The City Manager shall schedule the proposed variance application for the next available Commission meeting providing the required notice procedures are met.

(1)

Public hearing. The City Commission shall hold one public hearing on the proposed variance.

(2)

Action by City Commission. In considering whether to approve or deny the application, the City Commission shall review the application, the general purpose and standards set forth in this section for the granting of variances, staff reports, and any oral and written comments received at the public hearing.

(e)

Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the of the following are met:

(1)

The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally.

(2)

The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity.

(3)

The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR.

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(5)

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

(f)

Conditions. In granting a variance, City Commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this Section and to prevent or minimize adverse effects on other property in the neighborhood.

(g)

Expiration of approval. The approval of a variance shall be void if the recipient does not obtain a building permit or other development order for the proposed use within 12 months after the granting of the variance. An applicant who has obtained approval of a variance may request an extension of this time within the original approval period. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant.

(h)

Amendments and alterations to approved variances.

(1)

Except as provided under section 31-76(h)(2), any expansion to an approved variance and any addition to or expansion of an existing variance approval shall require the same application, review and approval as required under this section for the original approval of the variance.

(2)

Minor changes in the site plan or design details of an approved variance which are consistent with the standards and conditions applying to the variance and which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, and landscape changes may be approved by the City Manager or his designee without obtaining additional approvals. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the approved variance, creation of variances or change in use shall be considered a minor change for the purposes of this section.

(i)

Administrative variances. An administrative variance for setbacks, open space and parking requirements may be granted by the City Manager or his designee only when competent and substantial evidence is presented and the particular case shows that all of the following have been met:

(1)

The particular variance created is a direct result of a dedication of private property to the City as requested by the City.

(2)

The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR.

(3)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(4)

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

(j)

Administrative variances for green building program. An administrative variance to allow orientation of the building to take full advantage of available natural resources, including yard setbacks, landscape buffers, driveways and/or architectural design standards may be granted by the City Manager or designee only when competent and substantial evidence is presented and the particular case shows that all of the following have been met:

(1)

That the building attains LEED® certification, LEED® Silver certification, LEED® Gold certification or LEED® Platinum certification as provided in article VI of chapter 14 of the City Code; and

(2)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity; and

(3)

That the proposed variance will not substantially increase the congestion in the public streets or increase the danger of fire or endanger public safety or substantially diminish or impair property values within the vicinity.

(Ord. No. 99-09, § 1(Exh. A, § 506), 7-13-99; Ord. No. 2009-19, § 1, 10-6-09)

(a)

Purpose. The purpose of this section is to provide a uniform procedure concerning the review of and proposals for amendments to these regulations and zoning designations, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the City Commission may, by ordinance duly adopted in accordance with the procedures set forth herein, amend and/or supplement the LDRs, the zoning district boundaries or classifications of property now or hereafter established or by amendment hereto. All amendments of the LDRs or Map shall be consistent with the adopted Comprehensive Plan.

(b)

Initiation. An amendment to the text of the LDRs may be initiated by the City Manager or the City Commission. Any affected person may apply to the City to amend the text of the LDRs. An amendment to the Zoning Map may be initiated by the City of Aventura or by any person owning property within the area proposed for change on the Official Zoning Map subject to the payment of an application fee to cover the cost of processing the application.

(c)

Application requirements. Applications for amendment to the Zoning Map and text of the LDR shall be on an application form specified by the Community Development Director. All applications filed shall be processed according to the LDRs. The information in the application shall address the standards of sections 31-77(f) and 31-77(g) as well as the standards for a specific zoning district.

(d)

Review by staff. The Community Development Department shall review applications for amendment to the text of the LDRs and amendments to the official zoning map and compile a written report which summarizes the facts of the case including all relevant documents, and evaluates the proposed amendment with the general purpose and standards set forth in this section. The Community Development Director shall transmit a copy of the staff report to the City Manager.

(e)

Review by City Commission. The City Manager shall schedule the proposed amendment for the next available City Commission meeting providing the required notice procedures are met. The City Commission shall review all amendments to the Official Zoning Map and amendments to the text of the Land Development Regulations.

(1)

Public hearing. In order to adopt an Ordinance the City Commission shall comply with the notice and procedures set forth in F.S. ch. 166 and the public hearing shall be conducted in accordance with the provisions of this chapter.

(2)

Action by City Commission. In considering an amendment to the text of the LDR or the Official Zoning Map, the City Commission shall review the proposed amendment, the general purpose and standards set forth in this section, the report and recommendation of the administration, and any oral and written comments received at the public hearing. Based upon the record developed at the public hearings, the City Commission may:

a.

Adopt the proposed amendment with or without modifications; or

b.

Grant another zoning classification consistent with the Future Land Use Map designation and Comprehensive Plan;

c.

Reject the proposed amendment; or

d.

Refer the matter to the administration for further consideration.

(f)

Standards for reviewing proposed amendments to the Official Zoning Map. In deciding whether to recommend approval of a proposed amendment, the Administration and the City Commission shall determine whether or not:

(1)

The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan.

(2)

The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses.

(3)

The subject property is physically suitable for the uses permitted in the proposed district.

(4)

There are sites available in other areas currently zoned for such use.

(5)

If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan.

(6)

The proposed change would adversely affect traffic patterns or congestion.

(7)

The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected.

(8)

Whether the proposed change would have an adverse environmental impact on the vicinity.

(9)

Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole.

(g)

Standards for reviewing proposed amendments to the text of the LDR. In deciding whether to recommend approval of a proposed text amendment, the administration and the city commission shall consider whether or not:

(1)

The proposed amendment is legally required.

(2)

The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan.

(3)

The proposed amendment is consistent with the authority and purpose of the LDR.

(4)

The proposed amendment furthers the orderly development of the City.

(5)

The proposed amendment improves the administration or execution of the development process.

(h)

Zoning in progress, applicability, temporary hold on permits and licenses.

(1)

Purpose. The zoning in progress doctrine ("zoning in progress") generally allows the City to apply, on a retroactive basis, changes to zoning regulations or to the zoning district status of property, to previously approved or currently in process development applications. Additionally, the zoning in progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress, that would affect the permit or license.

(2)

Initial adoption of Land Development Regulations. Zoning in progress shall be applied to the initial adoption of this chapter in the following manner:

a.

Zoning in progress shall not be applied to the extent that vested rights are established pursuant to the procedure set forth in section 31-3(b)(3).

b.

Zoning in progress shall not be applied to complete and pending applications for development permits which have been filed with the City before February 18, 1999.

c.

Zoning in progress shall apply to applications for development approval which were filed with City after the cut-off date established in b. above, and such application must comply with the criteria of the chapter, except as provided in a. above.

d.

Zoning in progress shall not apply to the grant of any moratorium waiver specifically granted by the City Commission.

(3)

Future amendments to LDR. When an amendment in the LDR or in the application of any particular zoning district classification to land is being considered, the City may impose a temporary hold on any development applications pending before the City with respect to the area or the zoning regulatory text which is the subject of the amendment. The hold shall commence upon the date that notice of zoning in progress is published in accordance with F.S. ch. 50 and shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. An affected person may appeal the City staff's application of this provision to the City Commission for review by the City Commission by filing a notice of appeal with the City Manager.

(Ord. No. 99-09, § 1(Exh. A, § 507), 7-13-99; Ord. No. 2024-03, § 4, 1-18-24)

(a)

Purpose. The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177.

(b)

Plat required. Whenever land is subdivided in the City a plat must be recorded in the Official Records of Miami-Dade County. No plat of subdivision lying within the City of Aventura shall be recorded in the Official Records of Miami-Dade County prior to approval by the City Commission. No building permit shall be issued unless a final plat has been approved by the City Commission. Furthermore, no certificate of occupancy shall be issued prior to the final plat, including the parcel or parcels of land on which a building will be constructed, has been recorded in the Official Records of Miami-Dade County.

A building permit may be issued for an essential governmental facility after preliminary plat review where the City Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the City determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. A certificate of occupancy shall not be issued until the plat is recorded.

(c)

Conformity to Comprehensive Plan. No plat application shall be considered by the City unless the original site and the lots to be created are in conformance with the City's adopted Comprehensive Plan.

(d)

Preliminary plat, advice and comment at developer's option. Upon request of the applicant and payment of an application fee, a preliminary plat may be reviewed by the Community Development Department. The comments and advice of staff, however, shall not be binding on the City or County or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission.

(e)

Tentative plat review. All tentative plats prepared for review by Miami-Dade County must be approved by the City prior to submission to the County. A tentative plat shall show on a map all of the facts and data required by the various City departments to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of the public health, safety and welfare.

(1)

Tentative plat application requirements. The tentative plat and application shall be filed with the Community Development Department on forms provided by the department. The application shall be submitted in accordance with the required number of copies and with an application fee as established by the City. The following information shall be part of the tentative plat application unless waived by the Community Development Director:

a.

Proposed subdivision name and identifying title, the name of the City, and the section, township and range.

b.

Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features.

c.

The names of all subdivisions immediately adjacent.

d.

The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided.

e.

Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well as similar facts regarding property immediately adjacent.

f.

The width and location of any street or other public ways or places shown on the City or County Trafficways Plan within or adjacent to the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer.

g.

Date of field survey, north point and geographic scale.

h.

Legal description and plan of proposed layout made and certified by a Florida licensed land surveyor.

i.

The proposed lot lines with approximate dimensions and, in the case of odd or irregularly shaped lots, suggested location of building setback lines.

j.

Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part is required, and the street system of the unsubmitted part will be considered in the light of adjustments and connection with the street system of the plat submitted.

k.

The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions.

l.

A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way.

(2)

Additional required information. In addition to the plat and application form, the applicant shall submit the following information:

a.

A complete and current opinion of title.

b.

A lot parcel analysis, including the smallest lot size, largest lot size, number of lots, acreage in each parcel, and number of parcels.

c.

The applicable base flood elevation information.

d.

A list of all easements and rights-of-way to be vacated.

e.

Copies of all land development and environmental licenses and permits applied for including water management, and dredge and fill permits.

(3)

Additional information to be provided at option of director. In addition to the information required with all tentative plat applications, the Community Development Director may request the following information if it is determined necessary to ascertain the adequacy of public facilities and consistency with the Comprehensive Plan or LDRs:

a.

A sealed current topographic survey ("plat survey"). The plat survey shall cover the entire area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The plat survey shall contain at a minimum the following information:

1.

Property boundaries;

2.

Existing watercourses, canals and bodies of water within or adjacent to the plat limits;

3.

Existing easements within or adjacent to the plat limits and the purposes for which the easements have been established;

4.

Existing streets and alleys on or adjacent to the tract, including name and right-of-way width;

5.

All encumbrances and restrictions specified within the opinion of title.

b.

Written confirmation from all utilities franchised to operate in the City relative to the adequacy of proposed easements shown on the plat and their ability to co-exist with other utilities which may be placed within the easement.

c.

Schematic subdivision improvement plans for the improvements necessary to bring water, sewer and public access to the project, including all off-site improvements required by the platting process, shall be submitted in conformance with this code.

d.

Legal documents in draft form ensuring perpetual maintenance of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas.

e.

An original title certificate or an attorney's opinion of title, and a tax letter or receipt from Miami-Dade County.

f.

Miami-Dade County DERM environmental review and resulting comments.

(4)

Checking and investigating tentative plats. The applicant shall pay such fees, as may be prescribed, for checking the tentative plat and investigating such matters concerning it as may be required by law and this chapter.

(f)

Final plat review. All final plats prepared for review by Miami-Dade County must be approved by the City prior to submission to the County. No application for final plat will be accepted by the City without approval of a corresponding tentative plat by Miami-Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to City and Miami-Dade County requirements. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the applicant proposes to record within one year, provided that such portion conforms with all requirements of these LDRs and meets the approval of the City and Miami-Dade County.

(1)

Format of final plats. The final plat shall be prepared by a land surveyor registered in the state. The final plat shall be clearly and legibly drawn to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than one-eighth of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and State laws dealing with the preparation of plats.

(2)

Final plat application requirements. The final plat and application shall be filed with the Community Development Department on forms provided by the department. The application shall be submitted along with the required number of copies and an application fee as established by the City. The recording costs for legal documents and fees for notification shall be paid prior to and as a condition for the plat to be submitted for public hearing before the City Commission. The following information shall be part of the final plat unless waived by the Director:

a.

Name of the subdivision. The plat shall have a title or name. The title of the plat shall include the name of the City and the section, township and range of which such platted land is a subdivision. The Community Development Department shall disapprove any name or title which is similar to the name of any previously approved plat in the City and which may cause confusion.

b.

Deed description. There shall be printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

c.

Names of adjacent subdivisions.

d.

Names or numbers and width of streets immediately adjoining plat.

e.

All plat boundaries.

f.

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.

g.

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

h.

Accurate location of all monuments.

i.

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

j.

Where lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.

k.

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

l.

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

m.

Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; resubdivision of parcels as "platted," and restrictions of similar nature.

n.

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.

o.

The dimensions of all lots and angles or bearings.

p.

Minimum building setback lines where required by ordinance.

q.

Location, dimension and purpose of any easements.

r.

Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.

s.

An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, purpose of closing must be stated on the plat.

t.

The signature and seal of the City. Provided, however, that where property is being replatted the signature of the City shall be affixed or denied pursuant to the procedures established in F.S. § 177.101, unless the vacation of prior plats has previously been validly accomplished.

(3)

Other data required. The following information is required to be submitted at the time of final plat application, but shall not be a part of the final plat:

a.

The surveyor shall show on the face of the plat (or shall certify on a separate sheet, not to be recorded in the public records) the Florida State Plane Coordinates (current readjustment) of at least two of the permanent reference monuments shown on the plat. This requirement may be waived by the Director if any portion of the land encompassed by the plat is more than one mile from the nearest station shown on the list on file in the Dade County Public Works Department's Survey Office, as updated; or all stations within one mile of the plat have been lost. A copy of the certified corner record (as defined in F.S. § 177.503, for the corners used shall be provided with the final plat.

b.

Current opinion of title from any attorney authorized to practice law in this State.

c.

Certification from the City Department of Finance and Miami-Dade County that all taxes and assessments have been paid on the land within the proposed subdivision or receipted tax bills.

d.

If a zoning change is involved, certification that the change requested has been approved and is in effect, and that the size of lots and other features shown on the plat conform to all zoning requirements.

e.

Certification from the City Engineer that all required improvements within the public right-of-way have been completed or that the municipality is holding sufficient bond for the completion of the improvements.

f.

Any restrictive covenants desired by the developer so long as they do not violate existing ordinances.

(4)

Review by City Commission. All final plats must be submitted to the City Commission for approval. No final plat, however, shall be scheduled for said approval until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the authority contained in this chapter. The Community Development Director shall submit the report to the City Manager, for transmittal to the City Commission. The City Commission shall approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations, and issue a resolution setting forth such approval.

(g)

Endorsement of final plat. Upon approval of the final plat by the City Commission, the final plat shall be endorsed by the City Manager and attested to by the City Clerk. The Community Development Director shall forward the signed original of the final plat to the applicant for County approval.

(1)

Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest all legal and equitable interests in the parcels of land so dedicated, to be held by the City in trust and the approval of the plat by the City Commission shall have the force and effect of an acceptance of said legal and equitable interest. However, nothing herein shall be construed to create any obligation on the part of the city to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the City.

(h)

Requirements for final city signature. Prior to final City signature upon a plat for recordation the developer shall have executed approved agreements if required by the City concerning the payment of the developer's share of required public facilities and any other requirements of the final plat approval. The subdivider shall also provide one or more copies of the final plat, to the City in a format deemed acceptable by the City Engineer.

(i)

Time limitations of final plat approval. The burden is on the property owner to either record the plat within 12 months of City Commission approval or request from the City Commission, prior to expiration, one extension of no more than six months. The burden is also on the property owner to record the plat within the time specified by Miami-Dade County. Failure to record within the time specified by either the City of Aventura or Miami-Dade County shall render the approval of said plat null and void.

(j)

Enforcement provisions.

(1)

Recording of plat. No plat shall be recorded in the Public Records of Miami-Dade County or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the City Commission. In the event any such unapproved subdivision is recorded it shall be considered invalid and the City may institute proceedings to have it stricken from the Public Records of Miami-Dade County, Florida at the property owner's cost.

(2)

Permits. The City's Chief Building Official shall not issue any building permit for any occupiable structure to be constructed within the City unless and until said official receives a certification from the Community Development Director that the provisions of this section have been met. Prior to and as a condition of securing said certification, the petitioner for plat approval, or the successors in interest, shall file a reproducible mylar of the duly recorded plat with the City.

(3)

Public improvements. The City hereby determines it to be public policy that the City shall withhold all public improvements and services of any nature, including the maintenance of streets and the furnishing of sewerage facilities and water services from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the City Commission in the manner prescribed by the LDRs.

(4)

Revision of plat after approval. After approval by the City Commission but prior to recording any plat in the Public Records of Miami-Dade County, the petitioner shall provide to the Community Development Director a copy of the subject plat reflecting all corrections and/or modifications which may have been made subsequent to the plat approval by the City Commission.

The Community Development Director shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the City Commission.

After review, the Community Development Director will provide the petitioner with a letter which will either authorize recordation of the revised plat or require that the revised plat be returned to the City Commission.

(5)

Failure to satisfy conditions of approval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the City Manager. If upon written notice by the City Manager the applicant fails to correct the failures the City Commission shall be notified. The City Commission upon notice to the property owner shall hold a public hearing. If the City Commission finds that the conditions have not been satisfied, the City Commission shall take immediate corrective action to ensure compliance.

(k)

Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the City Manager that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this code:

(1)

The dedication of land or any interest in land to any governmental agency, entity or political subdivision.

(2)

The division of a duplex zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions.

(3)

The combination of lots and/or portions of lots to create a common building site provided that the property owner presents a unity of title or declaration in lieu thereof recordable in the public records of Miami-Dade County, Florida either:

a.

Identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use exists or;

b.

Where the property owner presents a declaration in lieu of a unity of title recordable in the public records of Miami-Dade County, Florida that:

1.

Identifies the boundaries of the building site;

2.

Provides that the subject site will be developed in accordance with the approved site plan and that no modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the City Manager. The City Manager's approval determination shall be made pursuant to section 31-79(j) of the City's Land Development Regulations. Should the City Manager withhold such approval, the then owner(s) of the phase or portion of the property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the City Commission;

3.

If the subject property will be developed in phases, that each phase will be developed in accordance with the approved plan, except as otherwise modified pursuant to section 31-78(k)(3)b.2 hereof.

4.

In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration in lieu of unity of title. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things:

a.

Easements in the common area of each parcel for ingress to and egress from the other parcels;

b.

Easements in the common area of each parcel for the passage and parking of vehicles;

c.

Easements in the common area of each parcel for the passage and accommodation of pedestrians;

d.

Easements for access roads across the common area of each parcel to public and private roadways;

e.

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel;

f.

Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel;

g.

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

h.

Easements on each parcel for attachment of buildings;

i.

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

j.

Appropriate reservation of rights to grant easements to utility companies;

k.

Appropriate reservation of rights to road rights-of-way and curb cuts;

l.

Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and

m.

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

These provisions or portions thereof may be waived by the City Manager if they are not applicable to the subject property. The provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the City Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree or the City Manager may require, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and in a coordinated and unified manner.

c.

The declaration shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.

d.

Enforcement of the declaration shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.

e.

No combination shall be approved where approval would allow a violation of any other provision of this chapter.

(4)

The division of a nonresidential zoned platted parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Community Development Department and Engineering Division may require that any or all of the following items be provided and approved:

a.

Current survey.

b.

Sketch plat.

c.

Master parking plan.

d.

Secondary access plan.

e.

Alley, access, drainage, utility, planting, or other easements.

f.

Paving and drainage plan.

g.

Sewer and water plans.

(l)

Recorded plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section.

(Ord. No. 99-09, § 1(Exh. A, § 508), 7-13-99; Ord. No. 2002-21, § 1, 9-3-02; Ord. No. 2012-15, § 5, 10-2-12)

(a)

Required. Except as provided in section 31-80(c), application for site plan approval for all developments shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. The Community Development Department shall evaluate the site plan as it relates to conformance to the LDR and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the City of Aventura and promote the health, safety and welfare of its citizens.

(b)

Application required. Application for administrative site plan review and approval shall be submitted to the City in writing by the property owner or authorized representative on forms provided by the Community Development Department. A fee as established by the City Commission shall be paid by the applicant.

(c)

Exempt development. The following activities shall not require submission of a site plan pursuant to this section.

(1)

The deposit and contouring of fill on land.

(2)

Construction of a single-family home on an existing single-family lot.

(3)

Construction of a single residential duplex on an existing residential duplex lot.

(4)

Accessory uses which would not increase plot coverage of the principal structure.

(5)

Land clearing activity done in compliance with a valid land clearing permit issued pursuant to the LDR and a City engineering permit.

(6)

Demolition.

(d)

General site plan application requirements. All site plans must be prepared, signed and sealed by one or more of the following professionals.

(1)

A landscape architect registered by the State of Florida.

(2)

An architect registered by the State of Florida.

(3)

A civil engineer registered by the State of Florida.

(4)

A land surveyor registered by the State of Florida.

(e)

Preliminary site plan submission requirements. An application for preliminary site plan review shall include 12 sets of folded and collated plans containing the following:

(1)

On-site sealed current (within 30 days) survey prepared by a Florida registered land surveyor, certified as to meeting the requirements of Chapter 21HH-6, Florida Administrative Code. At a minimum the survey shall show the property's topography, water bodies, easements, rights-of-way, existing structures and paved areas. This survey shall be based upon the opinion of title and shall so be stated on the survey itself.

(2)

A tree survey is required if there are indications of existing native tree species on the site when development is proposed within City areas of particular concern as identified in the City's Comprehensive Plan. The tree survey shall comply with the following minimum standards:

a.

Tree surveys shall be prepared by and bear the seal of a registered land surveyor licensed to practice in the State of Florida. Tree species shall be identified by a registered landscape architect licensed to practice in the State of Florida.

b.

Surveys shall delineate property boundaries, easements, rights-of-way, bodies of surface water, and protected trees or groupings of trees. The species of trees to be removed or relocated shall be identified. In the case of a groupings of trees, the predominant species mix and estimated number shall be identified. Trees or areas of vegetation which are required to be preserved shall be delineated. Areas infested with prohibited or controlled plant species shall also be delineated and identified. Surveys shall also indicate such other information as may be required by the Community Development Department that is reasonable and necessary for the adequate administration of this section.

(3)

Site development plans (Scale to be 1"=20' unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following:

a.

The location, size, and height of all buildings, walls, fences, walkways, driveways, parking areas and loading areas.

b.

The building and floor plan, including roof plan.

c.

Location, character and enclosure of all outside facilities for waste storage and disposal.

d.

Exterior elevations with material and color designation.

e.

Preliminary landscaping plan (signed and sealed by a Florida registered landscape architect).

f.

Location, size, character, height and orientation of all signs.

g.

Placement, height, and fixture design of all exterior lighting fixtures and certification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the footcandle levels at the adjacent private property lines.

h.

Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300 feet of the subject property.

i.

Information as to all perimeter buffer requirements for adjacent properties.

j.

A master site plan is required for all phased development.

k.

Site data information including but not limited to zoning districts, required and proposed FAR, lot coverage, open space, parking, building height, density, setbacks and lot size information.

(f)

Final site plan filing. A final site plan shall only be filed following a determination by the Director of Community Development that the preliminary site plan is in substantial conformance with the LDRs. A final site plan shall be approved prior to issuance of any building permit. Final site plan review shall include 12 sets of revised plans folded and collated containing the same items as required for Preliminary Site Plan review plus the following:

(1)

Details of all types of parking spaces provided.

(2)

All signage locations, types and details.

(3)

Complete landscape plan (signed and sealed by a Florida registered landscape architect). Plans shall include required and provided quantities of plant materials.

(4)

Engineering plans (scale to be 1"=20' unless prior approval is received otherwise) including water, sewer, paving and drainage and utility locations.

(5)

Locations and details of all entry features (if applicable).

(g)

Review. In reviewing plans, City staff shall require that the development satisfies the following criteria and submit a report to the City Manager:

(1)

All applicable codes of the City. The goals, objectives, policies and other applicable requirements of the City's Comprehensive Plan.

(2)

Approved and accepted architectural and engineering design concepts.

(3)

Consistency with the aesthetic character of the City.

(4)

Dedication or conveyance of property for public rights-of-way as necessary to comply with the Trafficways Plan and other applicable City plans.

(h)

Approval. The City Manager or his designee shall approve or disapprove of administrative site plan applications within sixty (60) days after staff review.

(i)

Approved plans. An approved site plan shall remain valid for a period of 12 months from the date of approval. If the site plan approval provides for phasing of the development in two or more phases, the subsequent phases shall each remain valid for a period of 12 months from the date of the certificate of occupancy or temporary certificate of occupancy for the development included in the previous phase. If no building permit is issued within a 12 month time period, the site plan approval, including all subsequent phases shall be considered null and void. Additionally, if at any time building permits lapse, the site plan, including all phases thereof, shall be considered null and void. A six month extension of the effective time period for an approved site plan may be granted by the City Manager or his designee if he or she has determined that the applicant shows good cause for the delay in obtaining building permits, provided that the request for extension is filed prior to the date of the expiration of any site plan approval time period.

(j)

Site plan revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section, the fee for processing the revision shall be the same as the initial submittal. All other revisions shall require a minor modification processing fee as established by the City Commission. The City Manager shall have the discretion based on the above guidelines to determine whether a proposed revision is major or minor. A major site plan revision requires complete final site plan review and approval.

(k)

Engineering plans. No building permit shall be issued for any approved site plan unless and until all final engineering plans for water, sewer, roadway and drainage systems are approved by the City's engineer and a permit for same has been issued. Prior to the issuance of a building permit the applicant shall provide a copy of the approved site plan, on disc, in a format compatible with the City's engineering applications.

(l)

Mylar copy of approved site plans required. Following City sign off, but prior to the issuance of a building permit, a Mylar copy of the approved site plan shall be submitted to the Community Development Department. The Mylar shall be in the same scale and identical to the approved site plan.

(m)

Conformance with approved site plans. Prior to the issuance of a Certificate of Occupancy, two as-built surveys shall be submitted to the Community Development Department. The as-built surveys shall be in the same scale as the approved site plan Mylar. In case of any conflicts the approved site plan shall prevail.

(Ord. No. 99-09, § 1(Exh. A, § 509), 7-13-99; Ord. No. 2012-15, § 5, 10-2-12)

(a)

Purpose.The review of engineering plans and subdivision plans by the City's Community Services Department and the issuance of the appropriate permits is required to ensure that all work is performed in conformance with accepted engineering standards and practices, and City specifications; and that all work is completed in a timely manner.

(b)

Engineering construction permit. No land development activity including: clearing and grubbing; filling or excavation work; road construction; underground utility installation and/or rehabilitation; and/or other activity shall commence without first obtaining engineering plan approval, an engineering construction permit, and paying the appropriate fee and bond as required.

(c)

Engineering excavation permit. No excavation shall commence without first obtaining engineering plan approval of the excavation activity, an engineering excavation permit, and paying the appropriate fee and bond as required.

(d)

Annual permit for mining, quarrying or excavation. An annually renewable engineering permit issued in accordance with the regulations of this chapter shall not be transferable and shall be obtained prior to commencing any resource extraction activity pursuant to this chapter. Said permit shall be renewed on the first day of each calendar year, subject to compliance with all City requirements and regulations and the payment of any required fees and bond as required.

(e)

Engineering right-of-way crossing permits. No right-of-way crossings that involve the cutting or removal of pavements shall commence without first obtaining plan approval, an engineering right-of-way crossing permit, and paying the appropriate fee and bond as required.

(f)

Revocation of engineering permits. The City shall revoke an engineering permit pursuant to any of the following situations:

(1)

City final plat approval has expired.

(2)

The security posted with the City to guarantee the construction of the subdivision improvements is in default or has expired.

(3)

Failure to commence engineering construction within one year of the date of the engineering permit issuance and/or lapse of the engineering work on the site for a period of greater than three consecutive months when there is no active City building construction permit in effect on the site.

(4)

The absence of a designated developer's engineer of record for a period of seven consecutive calendar days. Said engineer shall be as defined in F.S. ch. 471, representing the developer, in responsible charge of the permitted engineering work at all times. (Any successive developer/builder's engineer for the job shall be able to document and produce, upon request, evidence that he or she has, in fact, repeated all the work done by the original engineer, per the requirements of Chapter 61 G15 - 27.001 of the Florida Administrative Code.)

(5)

Failure to maintain a safe building site as determined by the Chief Building Official in accordance with City Code.

The Community Services Director or his designee shall notify the developer in writing that it intends to revoke an engineering permit. The developer may appeal the decision to the City Manager.

(Ord. No. 99-09, § 1(Exh. A, § 510), 7-13-99)

(a)

Purpose and applicability. The building permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by the LDR must be applied for and obtained before an application for a building permit may be considered for approval by the City. The Florida Building Code as amended, is hereby adopted as the regulation governing the construction of buildings and structures in the City. Any qualified applicant desiring a permit to be issued by the Building Official as required, shall file an application in writing on a form provided by the Community Development Department for that purpose. No development shall occur until and unless the Building Division has issued a building permit.

(b)

Application requirements. Each application shall describe the land on which the proposed work is to be done, by legal description and address; shall show the use or occupancy of the building or structure; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the Building Official and the Florida Building Code to describe the proposed work; and shall be attested by the qualified applicant and property owner.

(c)

Action by Community Development Department. The Building Official shall review all applications for building permits or certificates of occupancy for compliance with the provisions of the LDR, the City Code and the Florida Building Code, as amended. The Building Division shall issue a building permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes.

(d)

Permit card. Upon approval of plans, specifications and application for permit and the payment of the required fee, the Building Official shall issue a permit. With each permit, the Building Official shall issue a permit card which shall bear the description of the property, the nature of the work being done, the name of the owner and contractor and other pertinent information; and such card shall be maintained in a conspicuous place on the front of the premises affected thereby during the hours of work in progress and available on demand for examination by the Building Official.

(Ord. No. 99-09, § 1(Exh. A, § 511), 7-13-99; Ord. No. 2012-15, § 2, 10-2-12)

(a)

Purpose and effect. No new building or structure shall be used or occupied unless and until a certificate of occupancy or completion has been issued by the Building Division. No addition or structural alteration to any existing building or structure, other than a single-family detached dwelling, shall be used or occupied until and unless a certificate of occupancy or certificate of completion has been issued by the Building Division. No new non-residential use, and no change in the occupancy of an existing non-residential use, shall be established until and unless a certificate of occupancy or completion has been issued by the Building Division.

(b)

Standards and review. A certificate of occupancy shall be issued only after the premises have been inspected and found to comply with all applicable standards and requirements for the zoning district in which it is located, and that the use or structure conforms to the plans and specifications for which the building permit was issued.

(c)

Action by Building Division. The certificate of occupancy or completion shall be issued, or notice shall be given to the applicant specifying the reasons a certificate of occupancy or completion cannot be issued, no later than 14 days from the date the application is made by the qualified permit holder requesting issuance of certificate of occupancy or completion. No certificate of occupancy or completion shall be issued until all inspections have been approved by all required City and County departments. The certificate of occupancy or completion may be issued in the following forms:

(1)

Partial certificate of occupancy. A certificate of occupancy for less than the entire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for.

(2)

Conditional/temporary certificate of occupancy. In situations where life-safety concerns have been provided for, a certificate of occupancy conditioned upon the completion of specific enumerated items may be issued.

(d)

Contents of certificate. Every certificate of occupancy or completion shall be dated, shall state the use or occupancy of the land or structure involved, shall state that the use or occupancy complies with the terms of this chapter, shall state any conditions that may be applicable and shall be approved by and signed by the Building Official.

(e)

Posted notice of issuance. Every certificate of occupancy required by virtue of a change in use or occupancy in a non-residential zoning district shall be permanently posted in a prominent place on the premises at all times.

(Ord. No. 99-09, § 1(Exh. A, § 512), 7-13-99)

(a)

Purpose and applicability. This section is intended to provide for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LDR or from any written order, requirement, decision, determination, or interpretation made by an administrative official in the enforcement of these regulations. The right to appeal pursuant to this section is limited to the applicant for a development permit who believes he has been aggrieved by a decision. The authority to decide appeals shall be as specified herein.

(b)

Filing of application and notice of appeal. An application and notice of appeal authorized under the provisions of this section shall be filed with the City Manager. Applications shall be filed within 15 days of the signing of the written order, requirement, decision, determination, or interpretation of the LDRs. If an application is filed, the City Manager shall then make a determination of completeness.

(c)

Review. Upon receipt of a complete application the City Manager shall review the application and schedule a public hearing to be conducted by the City Commission. The City Manager shall forward a copy of the application to the City Commission together with a report and recommendation summarizing the facts of the case, any relevant documents and any comments received on the application.

(d)

Action by the City Commission. A public hearing shall be held by the City Commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The City Commission shall review the application, the report and recommendation of the administration and consider the evidence and testimony provided at the hearing. After the public hearing is held, the City Commission shall issue a written decision and order granting the relief sought in the application, with or without conditions, or denying the appeal.

(e)

Appeal of an order of the City Commission. Appeals from any decision of the City Commission made pursuant to the LDRs shall be in accordance with Rule 9.190, Florida Rules of Appellate Procedure.

(Ord. No. 99-09, § 1(Exh. A, § 513), 7-13-99)