This chapter shall be entitled "Land Development Regulations."

(Ord. No. 12-03, § 2(3-1), 6-20-2012)

These land development regulations are enacted pursuant to the requirements and authority of F.S. ch. 163 and the Town Charter.

(Ord. No. 12-03, § 2(3-2), 6-20-2012)

The purpose of these standards is not merely to provide the minimum regulations necessary to facilitate safe and orderly growth, but to also ensure that growth forms an integral part of a community of functional neighborhoods, retail and commercial centers; increases collective security and community identity to promote civic awareness and responsibility; and enhances the quality of life for the entire town to ensure the greatest possible economic and social benefits for all residents.

(Ord. No. 12-03, § 2(3-3), 6-20-2012)

The provisions of this chapter are intended to:

(1)

Implement and promote consistency with goals, objectives and policies of the town's growth management plan.

(2)

Foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the town in accordance with the growth management plan.

(3)

Specify the duties and responsibilities of the town in the administration of this chapter.

(4)

Establish clear, consistent and certain regulations, procedures and development standards for obtaining development order and permitting approvals for all proposed development in the town.

(5)

Adopt a development review process that is efficient, effective, and equitable.

(6)

Provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency).

(Ord. No. 12-03, § 2(3-4), 6-20-2012)

The provisions of this chapter shall apply to all development in the town, unless otherwise provided for in the Town Charter. The provisions of this chapter are not applicable to the town. No development, except as specifically provided in this chapter, shall be undertaken without prior authorization pursuant to this chapter.

(Ord. No. 12-03, § 2(3-5), 6-20-2012)

(a)

All provisions shall be considered as minimum requirements; liberally construed in favor of the objectives and purposes of the town; and deemed neither to limit nor repeal any other powers granted under state statutes or Town Charter. If any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this chapter, the director of the department of community development shall be responsible for interpretation and shall look to the growth management plan for guidance.

(b)

The language used in this chapter shall be interpreted according to the following rules:

Boundaries. Interpretations regarding boundaries of zoning districts shall be made in accordance with the following:

(1)

Boundaries shown following or approximately following any street shall be construed as following the centerline of the street.

(2)

Boundaries shown following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

Computation of time. The time within which an act is to be done shall be computed by consecutive calendar days excluding Saturdays, Sundays or legal holidays (business day), unless stated otherwise.

Day means a calendar day, unless a business day is indicated.

Delegation of authority. The town manager has the authority to delegate to professional level subordinates to perform the required acts or duties unless the terms of the provision or section specify otherwise.

Department means the department of community development.

District or zoning map means the "Official Zoning District Map."

Lot includes the term "plot" or "parcel" or "tract."

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

Ordinance/code/land development code. The terms "ordinance," "code," and "land development code" are synonymous and refer to the "Town of Cutler Bay Land Development Regulations."

Person includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.

Shall, may. The term "shall" is mandatory; the term "may" is permissive.

Structure includes the term "building."

Tense. Words used in the past or present tense include the future as well as the past or present.

Town council means the town council of the Town of Cutler Bay, Florida.

Written, in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year means a calendar year, unless otherwise indicated.

(Ord. No. 12-03, § 2(3-6), 6-20-2012)

No public agency shall be responsible for enforcing any private deed restriction or restrictive covenants.

(Ord. No. 12-03, § 2(3-7), 6-20-2012)

These regulations shall be construed and applied with reference to the nature of the use of such property and without regard to the form of ownership.

(Ord. No. 12-03, § 2(3-8), 6-20-2012)

The town's official zoning district map, as amended from time to time, is established and incorporated as part of these regulations. The official zoning district map delineates the boundaries of all zoning districts as adopted by the town council, as amended from time to time, and shall be kept on file with the director of the department of community development.

(Ord. No. 12-03, § 2(3-9), 6-20-2012)

All changes, amendments, or supplements to this chapter and to the zoning district map shall be adopted in accordance with the provisions of this chapter, the growth management plan, and applicable state law.

(Ord. No. 12-03, § 2(3-10), 6-20-2012)

It is the purpose and intent of this section to provide procedures whereby lawful nonconforming structures and uses may be maintained where such maintenance will not have a detrimental effect upon other persons or property within the vicinity, and in so doing to bring such uses and structures up to present standards to the maximum possible extent.

(1)

Abandonment/discontinuation. For purposes of this section, a nonconforming use shall be considered abandoned or having ceased when discontinued for a period of 90 calendar days or more as indicated by any of the following:

a.

Allowing business tax receipt or certificate of use to lapse;

b.

Removing meters;

c.

Not maintaining structure in a compliant condition;

d.

Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent);

e.

Failure to perform actions pursuant to the terms of an active building permit; or

f.

Failure to occupy the site.

(2)

Nonconforming use of a conforming building. The lawful nonconforming use of a building may be continued, although such use does not conform to the regulations of an applicable zoning district within which the building is located. Any such use shall only be changed to a permitted use. A nonconforming use shall not be expanded. If the nonconforming use is discontinued, any further use of said building shall conform to the regulations of the applicable zoning district.

(3)

Conforming use of a nonconforming building. A lawful nonconforming building may be utilized for any use that conforms to the regulations of the applicable zoning district within which the building is located. Structural alterations may only be made when they do not increase the degree of nonconformity of the building, but are discouraged.

(4)

Nonconforming use of a nonconforming building. The lawful nonconforming use of a lawful nonconforming building may be continued although such use and building do not conform to the regulations of the applicable zoning district within which the building is located. However, neither the use nor the building shall be expanded. If the nonconforming use is abandoned, any further use of said building shall conform to the regulations of the applicable zoning district.

(5)

Nonconforming use of land. The lawful nonconforming use of land may be continued, although such use does not conform to the regulations of the applicable zoning district within which the land is located. However, no such use shall be enlarged, intensified or extended to occupy a greater area of land, nor shall the use be reinstated following abandonment.

(6)

Nonconforming accessory use or accessory building. A nonconforming accessory use or accessory building may be expanded only if the nonconforming features of that use or structure are not expanded so as to increase the degree of nonconformity. No nonconforming accessory use or accessory building shall continue after the principal use or building is terminated by abandonment, damage, or destruction, unless such accessory use or accessory building thereafter is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use or building shall become or replace any terminated principal nonconforming use or building.

(7)

Maintenance, repairs and renovations. Normal structural repairs, maintenance and renovations may be performed to allow the continuation of a nonconforming building. However, such cumulative work in any 12 month period shall not exceed 50 percent of the assessed value of such building. Assessed value for purposes of this section shall be determined by using the current assessed value as provided by the county property appraiser's office.

(8)

Compliance with regulations. Nothing in this section shall diminish the responsibility of an owner to maintain his use or structure in full compliance with all other town, county, state or federal regulations or licensing procedures.

(9)

Establishment of nonconformity. For the purpose of this section, the mere possession of a valid approval to use land or buildings or valid license to do so without actual demonstrable use of such land or structure is an insufficient basis to establish lawful nonconformity.

(10)

Special provisions for specific nonconformities.

a.

Nonconformity with stormwater management requirements. An existing development that does not currently comply must be brought into full compliance with the stormwater management requirements of the town when the use is changed, intensified or the density or intensity of the development is increased, resulting in a potential increase in stormwater runoff or potential added concentration of pollutants in the runoff.

b.

Nonconformity with parking and loading requirements. Full compliance with this chapter shall be required where the seating capacity or other factors controlling the number of parking or loading spaces required is increased by ten percent or more.

c.

Nonconforming signs. Signs or sign structures made legally nonconforming under this chapter shall be governed by article VIII of this chapter.

d.

Expansion or reconstruction of existing service stations in the NC, neighborhood center district, subject to compliance with the standards of this chapter and site plan review pursuant to section 3-33; additionally, the following standards shall also apply:

1.

Architecture:

A.

Buildings shall reduce their perceived height and bulk by dividing the building mass into smaller-scaled components.

B.

Transparent windows and doors. Storefronts shall be broken into smaller individual windows or groupings of windows.

2.

Landscaping:

A.

Landscaping shall be provided on the property that defines the street edge. A decorative low-lying wall along the property line shall further define the street edge screening the pavement on the property within from view.

B.

Landscaping shall be provided near the primary building to anchor it to the surrounding environment and to soften the structure.

3.

Circulation:

A.

Bicycle parking shall be located close to the service station building entrance.

B.

Curb cut widths shall be minimized to the extent possible.

4.

Lighting:

A.

Direct and reflected glare and excess site brightness shall be minimized.

B.

All luminaires shall be a full cut-off design, aimed downward and away from the property line.

(Ord. No. 12-03, § 2(3-11), 6-20-2012; Ord. No. 15-05, § (3-11), 7-15-2015; Ord. No. 20-07, § 2(Exh. A), 7-15-2020; Ord. No. 21-08, § 2, 7-21-2021)

Any lot in a single-family residential district platted prior to the adoption of this code shall not be deemed a nonconforming lot for purposes of minimum lot size, and shall be permitted to be developed in accordance with the applicable zoning district regulations where the lot is located.

(Ord. No. 12-03, § 2(3-12), 6-20-2012)

Only one principal use shall be permitted per establishment, unless determined by the director to be similar uses.

(Ord. No. 12-03, § 2(3-13), 6-20-2012)

(a)

A violation of any condition or time limitation of any resolution, development permit or approval shall be considered a violation of this chapter. The violation shall be corrected prior to any public hearing or meeting on the issuance of any subsequent development permit or approval for that project, unless a subsequent application seeks to amend the condition or time limitation that has been violated. Unless otherwise specified in the resolution, development permit, or approval, an approved use must comply with conditions and time limitations before implementation of the approval, or before receipt of a certificate of occupancy or certificate of completion.

(b)

In the event of any condition imposed by the town council, the council may revoke the resolution or ordinance imposing such condition after a duly noticed public hearing. For purposes of this section, published notice shall be provided seven days before the town council public hearing.

(Ord. No. 12-03, § 2(3-14), 6-20-2012)

Unless otherwise permitted as an exception under subsection (1) of this section or allowed to continue as a nonconforming use under section 3-11, all existing, proposed and new development or redevelopment and uses of land in the town shall conform strictly to the provisions of these land development regulations. Except as expressly provided in these land development regulations, no development and use of land shall be undertaken without prior approval and issuance of a development order pursuant to these land development regulations. The fact that a development order, permit or decision has been issued shall not stop or otherwise prevent the town from strict enforcement of the provisions of these land development regulations. The provisions of these land development regulations and any amendments hereto shall not affect development that has a valid county, town council or director's approval before adoption of these regulations, or is otherwise exempted in accordance with this section or nonconforming development, section 3-11.

(1)

Nothing in these zoning regulations shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

a.

A governmental act of development approval was obtained prior to the effective date of these land development regulations or prior to the effective date of an amendment to these land development regulations;

b.

The property owner has detrimentally relied, in good faith, by making substantial expenditures subsequent to and based upon the governmental act of development approval; and

c.

It would be highly inequitable to deny the property owner the right to complete the development.

(2)

Except as provided in subsection (3) of this section, any property owner claiming to have vested rights under this section must file an application with the town manager or his designee for a vested rights determination within 120 calendar days after the initial effective date of this section (as to any claim of vested rights prior to initial adoption) or within 120 calendar days after an amendment of these land development regulations (as to any claim of vested rights arising after the initial adoption of these land development regulations and prior to the amendment). The application shall contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the town and other documentary evidence supporting the claim. The town council shall review the application and, based upon the evidence submitted, shall make a written determination as to whether the property owner has established vested rights.

(3)

Any property owner claiming to have vested rights under this section, by virtue of:

a.

A court judgment rendered by a court of competent jurisdiction;

b.

Vested rights determination by the county; or

c.

State department of economic opportunity, division of community development vested rights determination;

may follow a simplified procedure authorized by this subsection in lieu of the procedure provided above. The simplified procedure under this subsection shall be as follows:

a.

The property owner claiming vested rights shall file an application with the town manager or his designee for a vested rights determination within 120 calendar days after the effective date of this section. The application shall contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation of the applicable qualifying items above. The town manager shall review the application, and based upon the evidence submitted shall make a written determination as to whether the property owner has established vested rights. Vested rights pursuant to the criteria of this section shall be presumed to exist, upon submittal of the qualifying items, unless clear and convincing evidence shows that vested rights have been waived, have expired or are not applicable, in whole or in part.

b.

The provisions of these land development regulations shall not affect development for which a building permit has been issued on or before the effective date of the initial adoption of this section, provided that such building permit was lawfully issued and remains in full force and effect and the approval has not expired. Upon completion of such development, the development thenceforth will be subject to the provisions of these land development regulations.

(Ord. No. 12-03, § 2(3-15), 6-20-2012)

Accessory uses are permitted in all districts when the use and/or structure is customarily incidental and subordinate to the permitted use as determined by the director. In addition, home-based public assembly uses are permitted as accessory uses in residential districts.

(Ord. No. 12-03, § 2(3-16), 6-20-2012)

(a)

No structure, other than a single-family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land , body of water, or structure, without first obtaining a certificate of use (C.U.) therefor from the department. Said C.U. shall be required for each individual business and each multifamily building located within the town. In the event there is a question as to the legality of a use, the director may require inspections, affidavits and such other information he may deem appropriate or necessary to establish the legality of the use, before a C.U. will be issued. Additionally, the department shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid C.U., and to ensure compliance with the terms and conditions under which a C.U. was issued.

(b)

Except for C.U.s required by the code or zoning resolution to be renewed annually, and except for C.U.s issued on a temporary basis, certificates of use shall remain valid for an unlimited time unless revoked for cause, pursuant to subsection (d) of this section. The C.U. is only valid for the specific address, business name, corporate name and type of business for which it was issued. A new C.U. shall be required for any changes in use, name, ownership, expansion of square footage occupied, the inclusion of additional uses, or when changes to the structure have been approved by final building inspection.

(c)

No C.U. shall be utilized in a manner contrary to the regulations contained in this section.

(d)

Revocation of certificate of use. Notwithstanding any other section in this chapter to the contrary, the privilege of operating within the town allowed by the issuance of a certificate of use will be subject to a summary administrative revocation by one written 30-day notice of revocation issued to the certificate applicant by the official designated by the town manager, upon a determination of cause which may include, but not be limited to, a finding that one or more of the following conditions exist:

(1)

Violations of this code.

(2)

Misrepresentations in the application.

(3)

Violations of town, county, state or federal law, licensing or operational requirements.

(4)

Use of the location for illegal or unsafe activities.

(5)

Use of the location for activities not contemplated in the application.

(6)

Misrepresentations made to the town during the application and investigation process.

(7)

Use of the location not in compliance with the conditions of the certificate of use.

(8)

Lack of refuse collection or utility services.

(Ord. No. 12-03, § 2(3-17), 6-20-2012)

All uses shall be conducted within completely enclosed buildings, unless otherwise specifically provided herein. All materials and products shall be stored within the building.

(Ord. No. 18-03, § 2, 9-26-2018)