(a)

Final decisions. The planning and zoning board shall make final decisions on petitions requesting setback and other adjustments that do not seek rezoning, a use variance, a special use permit or a conditional use permit, and on petitions requesting variances of sign regulations concerning the number, location, type and features of a sign. The planning and zoning board shall make final decisions on appeal of decisions of the administrative variance committee.

(b)

Notice. Notice shall comply with the provisions of section 4.07(a)(4) of the Hialeah Charter.

(c)

Appeal of final decisions. All final decisions of the planning and zoning board shall be appealed to the city council who will review the decisions. The city council is authorized to affirm, affirm with conditions or override the decisions by resolution. The city council will conduct a de novo review of the decisions. The property owner, objectors and interested parties may offer or submit additional evidence and testimony at the hearing before the city council. The appeal will be heard at the earliest regularly scheduled city council meeting after the decision of the planning and zoning board is signed by the chairperson of the planning and zoning board; provided that the appeal of the decision is advertised in a newspaper according to state law at least ten days prior to hearing. A transcript or a copy of the tape of the proceedings before the planning and zoning board must be prepared and submitted to the city council before hearing. The city council shall apply the criteria for granting adjustments in its review as provided in section 98-133.

(Code 1960, § 32-5.3; Ord. No. 84-77, § 1, 6-12-1984; Ord. No. 99-42, § 5, 2-23-1999; Ord. No. 99-71, § 1(32-5.3), 5-25-1999; Ord. No. 2000-69, § 1, 8-8-2000)

(a)

All applications for platting, rezoning, variances, adjustments and land use amendments shall disclose at the time of application to the city, on forms to be provided by the city, the names and addresses of all legal and/or equitable owners, even if the property is held in trust for such owners, those having any interest in a contract for sale of such property, including real estate brokers and salespersons, and any and all mortgagees of such property. If the applicant is a corporation, the names and addresses of all officers of the corporation shall be disclosed. If the applicant is a partnership, the names and addresses of all partners of the partnership shall be disclosed.

(b)

All those having any interest in a contract for sale shall disclose whether they are acting in trust and/or for an undisclosed principal and, if so, shall disclose the name and address of the beneficiary of the trust or the principal and their interest in the contract.

(c)

The disclosure required in this section must be made and/or updated within a reasonable time, as may be necessary, in order to ensure that the information disclosed is accurate at the time of filing and at all times thereafter; specifically, at dates upon which action is discussed and/or taken upon such property.

(d)

No application for platting, rezoning, variances, adjustments and/or land use amendments shall be accepted and/or processed unless the disclosures required in subsections (a), (b) and (c) of this section had been made and kept current in accordance with this section.

(e)

Failure to comply with the disclosure requirements of this section and/or a determination by the city council that an applicant has, with fraudulent intent, provided incomplete or incorrect disclosure information shall subject the actions taken by the city pursuant to the fraudulent application voidable by the city.

(Code 1960, § 32-5.4; Ord. No. 88-71, §§ 1—4, 6-14-1988; Ord. No. 89-55, § 1, 4-25-1989; Ord. No. 99-42, § 6, 2-23-1999)

The record of quasi-judicial proceedings on zoning items shall include any petition for rezoning, variance, special use permit, conditional use permit, adjustment, final decision or other zoning item; and disclosures, affidavits, radius maps, site plans, surveys, sketches, charts, drawings, photographs, landscaping plans, elevations, written objections, waivers, consents and other documents submitted with or in connection with the petition; principal planner's report, GMAC report or other staff report or findings; evidence submitted and accepted as evidence by the secretary of the planning and zoning board at the public hearing on the petition and the city clerk at the city council meeting on the petition, transcripts or tapes of the public hearings before the planning and zoning board and the city council; oral testimony presented at the public hearing before the planning and zoning board or the city council; proposed ordinance, ordinance, recommendation of denial letter, order of denial, final decision, resolution and veto message, if applicable, concerning the petition; expert reports submitted and accepted as evidence at the public hearing, excluding documents prepared or relied upon by an expert that were not submitted and accepted as evidence at the public hearing; zoning files maintained by the planning division for the subject petition and all prior zoning files for applications involving the same address or legal description or a portion thereof as the subject petition; aerial photographs, zoning maps, future land use plan maps, relevant text of the Hialeah, Fla., Comprehensive Plan, evaluation and appraisal reports and provisions of the Hialeah Code and Charter.

(Ord. No. 2001-86, § 1, 11-13-2001)

Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, part II, the planning and zoning board is designated as the local planning agency.

(Code 1960, § 21A-12; Ord. No. 3080, § 2, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 99-42, § 3(32-4.1(b)), 2-23-1999)

The local planning agency shall follow the rules and procedures of the planning and zoning board.

(Code 1960, § 21A-14; Ord. No. 3080, § 4, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 99-42, § 3(32-4.1(d)), 2-23-1999)

All meetings of the local planning agency shall be public meetings, and all agency records shall be public records. The local planning agency shall encourage public participation.

(Code 1960, § 21A-15; Ord. No. 3080, § 5, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 99-42, § 3(32-4.1(e)), 2-23-1999)

Each member of the planning and zoning board shall be compensated as a member of the local planning agency in the amount of $150.00, payable for each month, for expenses in the performance of the member's duties.

(Ord. No. 801, § 1, 7-13-1954; Code 1960, § 32-2; Ord. No. 99-42, § 1, 2-23-1999)

Charter reference— Planning and zoning board, § 4.07(a).

The planning division will provide professional assistance to the local planning agency and the city council for matters relating to the development, implementation, enforcement and revision of the comprehensive plan or any of its elements.

(Code 1960, § 21A-16; Ord. No. 3080, § 6, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 99-42, § 3(32-4.1(f)), 2-23-1999)

The city council shall appropriate funds at its discretion to the local planning agency and professional staff for expenses necessary to perform its work to accomplish the stated objectives according to state law. The local planning agency may expend appropriated sums and other sums made available for use from fees, gifts, state or federal grants or loans and other sources subject to city council approval. The members of the local planning agency shall be compensated for expenses as set forth in section 98-69.

(Code 1960, § 21A-17; Ord. No. 3080, § 7, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 78-1, § 1, 1-10-1978; Ord. No. 99-42, § 3(32-4.1(g)), 2-23-1999)

The local planning agency shall be generally responsible for the conduct of the comprehensive planning program and, in particular, shall perform the following functions:

(1)

Recommend to the city council the adoption or amendment of the comprehensive plan.

(2)

Review proposed land development regulations, land development orders, or amendments thereto.

(3)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city council such changes as may be required from time to time, including the preparation of evaluation and appraisal reports.

(4)

Perform any other functions, duties and responsibilities assigned to it by the city council or by general or special law.

(Code 1960, § 21A-13; Ord. No. 3080, § 3, 6-8-1976; Ord. No. 77-73, 6-28-1977; Ord. No. 99-42, § 3(32-4.1(c)), 2-23-1999)

The growth management advisory committee, comprised of city personnel as described in section 98-1736 hereof, shall provide recommendations to the planning and zoning board (the city's local planning agency) on applications for a conditional use permit (CUP); special use permit (SUP); land use plan amendment; platting, replatting or waiver of plat; a large scale development as submitted for recommendation by the planning and zoning official; and rezoning or a variance that may significantly impact the abutting properties or surrounding neighborhood as submitted for recommendation by the planning and zoning official, including all zoning applications or adjustments on property located in Deer Park. The recommendations may be in the form of an approval, denial or an approval with recommended changes or conditions.

(Ord. No. 2009-66, § 1, 9-8-2009)

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this paragraph, except where the context clearly indicates a different meaning.

Deer Park means the geographic area within the city having as its southern boundary, Okeechobee Road; as its eastern boundary, S.E. 4 Avenue, as its western boundary, S.E. 1 Avenue, and as its northern boundary, Hialeah Drive, from S.E. 1 Avenue to Eucalyptus Drive, and then extending eastward to S.E. 4 Avenue, the northern property line of all lots fronting Eucalyptus Drive, To-To-Lo-Chee Drive and Pen-Na-Na Drive.

(b)

Deer Park citizen advisory committee.

(1)

The Deer Park citizen advisory committee shall be representative of all neighborhoods or geographic areas within Deer Park. The purpose of this committee is to provide comment on neighborhood impacts of a zoning application or building permit including, but not limited to, impacts relating to architectural consistency and compatibility of structures and buildings, fences and walls, landscaping, parking and traffic circulation, height, size and dimensions of structures and buildings, and aesthetics. The citizen advisory committee shall comprise no less than three members and all members shall reside in Deer Park. It is the intent of the committee to rotate membership in order to obtain a representative opinion from the Deer Park community.

(2)

The Deer Park citizen advisory committee shall provide comments to the growth management advisory committee on all applications on property located within Deer Park or abutting Deer Park that are presented to the growth management advisory committee. Moreover, the Deer Park citizen advisory committee is entitled to provide comment to the planning and zoning official and the building official prior to the issuance of a building or fence permit on property located in Deer Park. The Deer Park citizen advisory committee shall have no more than ten days to provide written comments upon receipt of notice of a pending building permit.

(Ord. No. 2009-66, § 1, 9-8-2009)

The city hereby adopts the comprehensive plan 2003-2015, as amended from time to time, incorporated in this chapter by reference, that consists of the required elements identified in F.S. § 163.3177, with a future land use map.

(Code 1960, § 21A-1; Ord. No. 81-53, §§ 1—3, 5-12-1981; Ord. No. 81-95, § 1, 8-25-1981; Ord. No. 89-47, § 1, 3-7-1989; Ord. No. 99-42, § 3(32-4.1(a)), 2-23-1999; Ord. No. 2010-30, § 1, 5-25-2010)

Comprehensive plan amendments shall be considered according to the following procedural regulations:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for comprehensive plan amendments, other than the city itself, through its planning division. Applications may be submitted at any time during the calendar year.

(2)

An applicant for an amendment to the future land use map of the comprehensive plan, after such applicant's application has been accepted by the planning division for processing, shall post, on the applicant's property, at the applicant's expense, a sign notifying the public of the intent to seek a future land us map amendment. Such sign shall be posted in the same manner as that provided for zoning amendments, governed by section 98-196.

(3)

An applicant for an amendment to the future land use map shall, at the applicant's expense, prepare for and provide to the city a radius map and a property ownership list in the same form as that required for a zoning change as governed by Charter section 4.07, section 4.07(a)(4) and section 98-193 herein.

(4)

Property owners within a 500-foot radius of the property for which a future land use map is sought to be amended shall be notified of such amendment application, by mail, in addition to any required published notice. The applicant shall bear the costs of notification to all the property owners within the 500-foot radius. The applicant shall bear the costs of published notice in the newspaper unless the city is proposing a city-initiated plan or text amendment at the same time.

(5)

All applications for a land use amendment to residential office designations shall be accompanied by a site plan indicating the items specified in section 98-230 herein.

(6)

Plan amendments that qualify as small-scale development amendments may follow the small-scale review process in F.S. § 163.3187.

(7)

Plan amendments, except as otherwise provided by state law, shall follow the expedited review process in F.S. § 163.3184(3). The city council shall conduct its first public hearing upon recommendation of the planning and zoning board. The city council shall consider such plan amendment applications pursuant to the expedited review process. If such applications are approved, the city council approval shall be by resolution supported by a minimum of five affirmative votes, expressing its intent to adopt such applications. The city council shall conduct its second public hearing at the time of final adoption (second reading) of a proposed ordinance approving an applicant's plan amendment. Accordingly, comprehensive plan amendments shall be adopted by ordinance and become effective as provided by state law.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(a); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994; Ord. No. 99-42, § 4, 2-23-1999; Ord. No. 2014-14, § 1, 3-11-2014)

Within 90 days of the adoption of an amendment to the future land use map, the applicant shall submit an application to rezone the subject property consistent with the future land use map. If the applicant fails to proceed to apply to rezone the property, the city may, on its own initiation, proceed with the rezoning application to the least intensive zoning designation that is consistent with the land use classification. Alternatively, the applicant may submit an application to rezone the subject property concurrently with the adoption of an amendment to the future land use map.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(b); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994; Ord. No. 99-42, § 4, 2-23-1999; Ord. No. 2024-008, § 1, 1-23-2024)

Petitions for variances, adjustments, conditional use permits or special use permits may be granted in individual cases where literal interpretation and strict enforcement of zoning and land use regulations would result in undue or unnecessary hardship to the petitioner; provided, however, that the variance will provide substantial justice and will not be contrary to the public interest.

(Ord. No. 802, § 1, 7-13-1954; Code 1960, § 32-4(b); Ord. No. 2406, § 1, 2-23-1971; Ord. No. 80-13, § 1, 1-22-1980; Ord. No. 96-60, § 2, 6-25-1996)

Upon petition of a property owner or authorized agent or representative, adjustments and variances to sign regulations as provided by section 74-116 may be granted by the planning and zoning board and use and nonuse variances, conditional use permits and special use permits may be granted by the city council, upon recommendation of the planning and zoning board, as provided by the Charter. The planning and zoning board or the city council may require appropriate covenants and safeguards as a condition of granting any adjustment, variance, conditional use permit or special use permit. Violation of such covenants and safeguards shall be deemed a violation of this Code and enforced in the same manner as other Code violations. Adjustments, variances, conditional use permits and special use permits run with the land in the absence of any covenant or condition to the contrary.

(Ord. No. 802, § 1, 7-13-1954; Code 1960, § 32-4(a); Ord. No. 2406, § 1, 2-23-1971; Ord. No. 80-13, § 1, 1-22-1980; Ord. No. 96-60, § 2, 6-25-1996; Ord. No. 99-42, § 2, 2-23-1999)

In order to grant an adjustment, variance, conditional use permit or special use permit, the planning and zoning board or city council must review and make a determination based on the following criteria:

(1)

The development resulting from the granting of such adjustment, variance, conditional use permit or special use permit shall be in harmony with the general purpose and intent of this chapter and the land development code.

(2)

The development resulting from the granting of the requested adjustment, variance, conditional use permit or special use permit shall be consistent with the comprehensive plan.

(3)

The granting of the requested adjustment, variance, conditional use permit or special use permit will provide substantial justice and will not be contrary to the public interest.

(4)

The granting of the requested adjustment, variance, conditional use permit or special use permit shall not adversely affect the use and development of neighboring properties in accordance with the uses permitted within designated zoning districts.

(Ord. No. 802, § 1, 7-13-1954; Code 1960, § 32-4(c); Ord. No. 2406, § 1, 2-23-1971; Ord. No. 80-13, § 1, 1-22-1980; Ord. No. 96-60, § 2, 6-25-1996; Ord. No. 99-42, § 2, 2-23-1999)

Upon written request of the property owner to the planning division or upon request of the city, whenever a use granted by a variance under this chapter has been discontinued, the ordinance granting the variance shall be repealed and rescinded as provided in the Charter.

(Ord. No. 771, § 3, 1-26-1954; Ord. No. 788, §§ III—IX, 5-25-1954; Ord. No. 986, §§ 1, 2, 10-23-1956; Ord. No. 1053, § 1, 8-13-1957; Ord. No. 1180, § 1, 2-10-1959; Ord. No. 1188, § 1, 3-24-1959; Code 1960, § 32-7(27); Ord. No. 1247, § 1, 1-24-1960; Ord. No. 1823, § 1, 12-14-1965; Ord. No. 1859, § 1, 4-26-1966; Ord. No. 1872, § 1, 5-24-1966; Ord. No. 2247, § 1, 5-13-1969; Ord. No. 2269, § 1, 7-22-1969; Ord. No. 2297, § 1, 1-27-1970; Ord. No. 2325, § 1, 3-24-1970; Ord. No. 2354, § 2, 7-14-1970; Ord. No. 2417, § 1, 3-23-1971; Ord. No. 2448, §§ 1, 2, 6-8-1971; Ord. No. 2624, § 1, 8-8-1972; Ord. No. 2668, § 1, 11-14-1972; Ord. No. 2670, §§ 5, 6, 11-14-1972; Ord. No. 2708, § 1, 2-27-1973; Ord. No. 2709, § 1, 2-27-1973; Ord. No. 2836, § 1, 2-26-1974; Ord. No. 2850, § 1, 4-9-1974; Ord. No. 2893, § 1, 7-23-1974; Ord. No. 2907, § 1, 9-24-1974; Ord. No. 3000, § 2, 6-10-1975; Ord. No. 77-34, § 1, 3-8-1977; Ord. No. 78-36, § 1, 3-28-1978; Ord. No. 78-38, §§ 1, 2, 4-11-1978; Ord. No. 78-72, § 2, 7-25-1978; Ord. No. 80-119, § 2, 10-28-1980; Ord. No. 81-25, § 1, 2-24-1981; Ord. No. 81-36, § 1, 4-14-1981; Ord. No. 81-42, § 1, 4-28-1981; Ord. No. 81-60, § 1, 5-12-1981; Ord. No. 81-89, § 1, 8-11-1981; Ord. No. 81-157, § 1, 12-8-1981; Ord. No. 82-78, § 1, 6-22-1982; Ord. No. 83-64, § 1, 6-14-1983; Ord. No. 83-145, §§ 1, 2, 11-22-1983; Ord. No. 83-160, §§ 1—3, 12-13-1983; Ord. No. 84-01, § 1, 1-10-1984; Ord. No. 84-14, § 1, 1-24-1984; Ord. No. 84-15, § 1, 1-24-1984; Ord. No. 85-78, § 1, 5-28-1985; Ord. No. 87-46, § 1, 8-11-1987; Ord. No. 88-139, § 1, 11-22-1988; Ord. No. 89-77, § 1, 8-22-1989; Ord. No. 92-35, § 1, 4-14-1992; Ord. No. 94-07, § 1, 1-25-1994; Ord. No. 94-32, §§ 2, 3, 4-12-1994; Ord. No. 94-66, § 1, 6-28-1994; Ord. No. 94-71, § 1, 9-13-1994; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 2, 2-28-1995; Ord. No. 95-21, §§ 1, 2, 5, 3-14-1995; Ord. No. 95-22, § 1, 3-14-1995; Ord. No. 95-112, § 2, 12-12-1995; Ord. No. 96-72, § 1, 9-10-1996; Ord. No. 96-74, § 1, 9-10-1996; Ord. No. 96-119, § 1, 12-10-1996; Ord. No. 99-71, § 2(32-7), 5-25-1999)

There is created or established a use variance to be known as a special use permit.

(Code 1960, § 32-19.4; Ord. No. 2980, § 1, 4-8-1975; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 3, 2-28-1995)

A special use permit special use will follow the named property regardless of ownership.

(Code 1960, § 32-19.4(1); Ord. No. 2980, § 1, 4-8-1975; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 3, 2-28-1995)

The applicant for the original request for a special use permit must have an interest in such property by ownership or a notarized affidavit granting permission by the owner.

(Code 1960, § 32-19.4(2); Ord. No. 2980, § 1, 4-8-1975; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 3, 2-28-1995)

The following information shall be listed in the special use permit application and provided in a declaration of restrictive covenants recorded in the public records of Miami-Dade County that will be made part of the ordinance:

(1)

Specific use.

(2)

Any limitations or agreements.

(Code 1960, § 32-19.4(3); Ord. No. 2980, § 1, 4-8-1975; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 3, 2-28-1995)

Any change of the special use listed on the application for a special use permit and as provided in the declaration of restrictive covenants submitted in connection therewith will be in violation of this division and will cause revocation of the occupational license. The property shall revert as provided by the Charter to the zoning classification, without the benefit of the special use that existed prior to the approval of the use.

(Code 1960, § 32-19.4(4); Ord. No. 2980, § 1, 4-8-1975; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 95-16, § 3, 2-28-1995)

There shall be created and established a conditional use permit to be known as CUP conditional use permit:

(1)

CUP conditional use permit will follow the subject property, regardless of ownership, or will be limited to specific number of years and the conditions of use.

(2)

CUP conditional use permit shall be used in connection with uses that are permitted within the zoning district that are deemed to have extraordinary impacts with the surrounding neighborhood or area. The following uses would require a conditional use permit:

a.

Cemeteries.

b.

Community correctional centers or prisons.

c.

Public garages (lots and/or structures).

d.

Funeral homes.

e.

Hospitals.

f.

Houses of worship.

g.

Hotels and motels.

h.

Child day care facilities that are not state-licensed or state-registered family day care homes on property zoned R-1 (one-family district).

i.

Private schools, charter schools, vocational and technical schools, and post-secondary education facilities, colleges and universities.

(3)

The applicant requesting a conditional use permit must have a legal interest in the property or obtain permission from the property owner as evidenced by a properly executed affidavit.

(4)

The growth management advisory committee (GMAC) shall consider the following factors in makings its recommendation to the planning and zoning board:

a.

Compatibility with surrounding uses.

b.

Sufficient and adequate parking and traffic circulation pattern.

c.

Appropriate setbacks and landscape buffer and/or fencing or wall to minimize any adverse impacts.

(5)

The granting of a CUP conditional use permit by the city council shall provide the conditions and limitations of use within section 98-133. A declaration of restrictive covenants providing such conditions and limitations of use shall be incorporated in section 98-133 and shall be recorded in the public records of the county, after the effective date of the ordinance from which this division is derived.

(6)

Any departure, change, or violation of the section granting the conditional use permit will be in violation of the zoning code and cause revocation of the occupational license and repeal the rescission of the ordinance granting the conditional use. Repeal of the CUP conditional use permit may be initiated by the city, property owner, or objector by repeal and rescission of this division and release and cancellation of the declaration of restrictive covenants. Revocation of license shall be provided by decision of the city council, upon a duly noticed hearing.

(Ord. No. 98-113, § 1(32-19.3), 12-8-1998; Ord. No. 2005-24, § 1, 2-22-2005; Ord. No. 2005-65, § 1, 8-9-2005; Ord. No. 2008-50, § 1, 6-10-2008)

Application for zoning changes, variances, and planning and zoning board decisions not inconsistent with the future land use map shall be as provided in this division.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(c); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994; Ord. No. 99-42, § 4, 2-23-1999)

All relevant portions of the Charter shall continue to govern applications for zoning changes and/or variances that are not inconsistent with the future land use map.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(c)(2); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994)

All applications, signature petitions and radius maps prepared for any zoning changes or variances shall bear the signature of the preparer of such radius maps, applications and signature petitions and shall further contain an affirmation as to the authenticity/accuracy of the signatures, legal descriptions, and other information contained therein. Radius maps under this division shall be prepared by a registered land surveyor or other individual with a state-regulated seal.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(c)(3); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994)

Under this division, the application for a hearing before the planning and zoning board acting as final decision maker shall be accompanied by a survey certified by a registered land surveyor no more than six months prior to the date of the application and certified by the applicant to be correct.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(c)(4); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994; Ord. No. 99-42, § 4, 2-23-1999)

For purposes of this subsection, the term "parcel" shall mean "a plot of land defined by a specific and complete legal description for an independent surveyor to locate and identify under the same ownership and for which the same amendment is sought."

(a)

Any amendment to the future land use map shall be made by application on a form provided by the planning and zoning division and shall require payment of a fee to the city in the sum of $3,000.00 for each parcel of land or property that is one acre or less and $100.00 for each additional acre or fraction thereof, for which an amendment to the future land use map is sought. Applications for land use amendments to transit oriented development (TOD) shall require payment of a fee to the city in the sum of $15,000.00 for each parcel of land or property that is one acre or less and $100.00 for each additional acre or fraction thereof.

(b)

Zoning applications. Any request for a change of zoning, which change is consistent with the future land use map, shall be made on a form provided by the planning and zoning division and shall require payment of the fee listed below based on the current zoning designation for each parcel of land or property that is one acre or less and $50.00 for each additional acre or fraction thereof, to defray the cost thereof.

Applications for variances from existing zoning regulations, applications for a conditional use permit or a special use permit, shall pay the fee listed below based on the current zoning designation for each parcel of land or property that is one acre or less and $50.00 for each additional acre or fraction thereof:

All zoning application fees shall be cumulative.

(c)

Zoning adjustments. The fee charged for a hearing before the planning and zoning board acting as final decision maker shall be the fee listed below based on the current zoning designation for each parcel of land or property that is one acre or less and $50.00 for each additional acre or fraction thereof.

(d)

The fees in subsections (b) and (c) of this section will be increased by the additional amount listed below based on the parcel's or property's current zoning designation if a building addition or alteration has been commenced without a building permit and/or prior to the approval of the applied for zoning change, variance, or adjustment, if such zoning change, variance or adjustment is necessary in order to legally permit such building addition or alteration.

(e)

Any 100-percent service-connected disabled veteran, upon proof of such disability, shall receive a 50-percent reduction in application fees on homestead property owned by the disabled veteran for at least two years prior to his application.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(d); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994; Ord. No. 99-42, § 4, 2-23-1999; Ord. No. 2004-84, § 1, 12-14-2004; Ord. No. 2015-16, § 1, 4-28-2015; Ord. No. 2016-67, § 1, 11-8-2016)

An application for a zoning change and/or variance not inconsistent with the future land use map will not be processed until the applicant has posted a sign in a conspicuous place on any street abutting the property for which the zoning change and/or variance is sought. The city shall supply such sign which shall be a minimum of 24 by 48 inches in size. Such sign shall be Day-Glo orange with black printing and shall be waterproof and shall contain at a minimum the language "notice of public hearing" and the day, date, time, and location of the hearing. The sign shall also include the applicant's name, the location of the property, and the change being requested. The sign shall be placed in public view on each frontage of the property seeking a zoning change, land use amendment, or variance, with a minimum of one sign per 165 feet of frontage. These signs shall be placed a minimum of 165 feet apart. The cost of such sign is to be paid for by the applicant. Such applicant shall sign an affidavit setting forth that such sign has been posted on the property as required by this section before the application for a zoning change and/or variance shall be processed.

(Ord. No. 802, § 2, 7-13-1954; Code 1960, § 32-5(c)(1); Ord. No. 2406, § 2, 2-23-1971; Ord. No. 2884, § 1, 6-25-1974; Ord. No. 3073, § 1, 5-11-1976; Ord. No. 77-49, § 1, 4-12-1977; Ord. No. 78-33, § 1, 3-28-1978; Ord. No. 82-142, § 1, 10-12-1982; Ord. No. 85-33, § 1, 3-26-1985; Ord. No. 85-79, § 1, 6-11-1985; Ord. No. 85-80, § 1, 6-11-1985; Ord. No. 87-41, § 1, 6-9-1987; Ord. No. 88-19, §§ 1—3, 2-23-1988; Ord. No. 89-19, § 1, 2-28-1989; Ord. No. 91-120, § 1, 11-26-1991; Ord. No. 91-125, § 1, 12-10-1991; Ord. No. 93-30, § 1, 4-13-1993; Ord. No. 94-33, § 1, 4-12-1994; Ord. No. 94-113, § 1, 12-13-1994)

Cross reference— Signs, ch. 74.

The city council is empowered and authorized by ordinance to make a legislative determination that it would be inimical and detrimental to the health, safety, welfare, and general well-being as well as to the orderly planned development of the city to permit continued zoning and further construction according to the building code and this chapter to declare a building and zoning moratorium. Further, the city council is empowered and authorized to make a determination of the inadequacy of the municipal facilities to serve continued building and zoning in order to make an analysis, study and implementation and recommendation of the planning and zoning sections of the city to declare a building moratorium or zoning moratorium.

(Code 1960, § 32-5.2(a); Ord. No. 2735, §§ 1—5, 5-22-1973)

(a)

Upon the adoption of an ordinance declaring a building moratorium or zoning moratorium, the terms and conditions of such moratorium and the legislative determination shall be set forth with the proper instructions in the such ordinance to carry out fully the intent and purposes of the ordinance.

(b)

By the adoption of such ordinance, the sections of this Code pertaining to building or zoning or both that shall be in conflict with any provisions of the ordinance will be superseded for a specified period from the date of the adoption of the ordinance.

(Code 1960, § 32-5.2(b), (c); Ord. No. 2735, §§ 1—5, 5-22-1973)

All applications for building permits or for rezoning filed prior to the effective date of the ordinance adopted pursuant to this division shall be concluded in accordance with the law at the time the applications were made.

(Code 1960, § 32-5.2(d); Ord. No. 2735, §§ 1—5, 5-22-1973)

The city council shall call a public hearing on the moratorium at the earliest practical time after reasonable notice being published in the official publication for the city.

(Code 1960, § 32-5.2(c); Ord. No. 2735, §§ 1—5, 5-22-1973)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative variances or limited nonuse variances, as these terms may be used interchangeably for the purpose of this division, involve variances that have no relation to change of use of property and that relate only to matters concerning setback requirements; landscaping requirements; sign regulations; floor area requirements; yard requirements; lot coverage; height, width and length limitations for structures or buildings; spacing requirements between principal and accessory buildings and amendment of adopted design standards.

(Code 1960, § 32-5.5(a); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995; Ord. No. 2016-66, § 1, 11-8-2016)

Cross reference— Definitions generally, § 1-2.

(a)

Notwithstanding any other section of this chapter, an administrative variance committee, upon application duly made, shall review requests for administrative variances or limited nonuse variances.

(b)

The committee shall be composed of five members: the planning and zoning official, the code compliance official, the building official, the streets department director and the planning technician.

(c)

Meetings shall be conducted on the first Tuesday of each month, or such other Tuesdays as needed to transact business, with notice of such meetings conspicuously posted in accordance with law.

(d)

The planning and zoning official shall be the committee chairperson, and the planning technician shall be the committee secretary. The committee secretary shall keep minutes of the meetings conducted.

(e)

The committee shall conduct business with a quorum of three members.

(Code 1960, § 32-5.5(b); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995; Ord. No. 2016-66, § 1, 11-8-2016)

Cross reference— Boards, commissions and committees, § 2-581 et seq.

The right of the administrative variance committee to review requested variances shall be limited to individual lots developed for residential use or lots within a residential development developed pursuant to a common plan of development and subject to an approved pattern book. The committee may review requested variances of undeveloped individual lots intended for development of affordable housing. The committee may only approve requests for administrative variances which permit variations up to but not exceeding 20 percent of the specific ordinance requirements for minimum setbacks; minimum landscaping; maximum size and number of signs; location, type and features of signs; minimum and maximum floor area; maximum lot coverage; maximum height, length and width of buildings; minimum spacing requirements between principal and accessory buildings and requests for changes to the architectural or design standards in an approved pattern books without review by the planning and zoning board or other compliance with this chapter except as so provided in this division. The administrative variance is limited to only one variance request for each lot.

(Code 1960, § 32-5.5(c); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995; Ord. No. 2016-66, § 1, 11-8-2016)

Each administrative variance application to be reviewed by the administrative variance committee shall be made by the property owner on a form prescribed by the committee and shall be submitted to the planning division. The application shall include a current sealed survey and a site plan showing existing structures on the subject property, location and use of the proposed additions, and location and use of existing structures on abutting and adjacent properties. The application shall also explain the reason for the proposed variance and shall be accompanied by the following:

(1)

A fee equal to $750.00 for properties zoned R-1 and R-2 and $3,500.00 for properties within any other zoning district.

(2)

The written consent of owners of all adjacent or abutting lots to the subject property, including the owners of the lots immediately across the street from the subject site; and

(3)

If the application seeks to validate existing variances or to correct a violation of or to secure compliance with other sections of this Code, the application must be accompanied with a certification, acceptable to the chief building official, from a registered architect or engineer attesting to the fact that all existing improvements meet the requirements of the South Florida Building Code together with a fee in an amount of three times the fee charged in subsection (1) of this section.

(Code 1960, § 32-5.5(f); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995; Ord. No. 2016-66, § 1, 11-8-2016)

(a)

The administrative variance committee shall adhere to the following standards in rendering its decision to approve an administrative variance:

(1)

The granting of such variance shall be consistent with the general purpose and intent of the applicable zoning, subdivision and land use regulations governing the property on which approval is granted;

(2)

The granting of such variance will be in harmony with the general appearance and character of the community;

(3)

The variance will not be injurious to the area involved or detrimental to the public welfare; and

(4)

The proposed addition is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the property.

(b)

In approving an administrative variance, the committee may prescribe appropriate conditions and safeguards it may feel necessary to protect and further the interest of the area, which may include modifications of site arrangements and of orientations of any openings, additional landscaping, walls and fences to ensure compliance with the standards in subsection (a) of this section.

(Code 1960, § 32-5.5(c); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995)

The administrative variance committee shall render its decision either approving or approving with conditions any request for an administrative variance. A majority of the quorum of the committee members must vote affirmatively for any request to be approved or approved with conditions. If less than a majority votes for approval, the property owner shall be informed of the owner's right to proceed de novo before the planning and zoning board, as final decision maker or as recommending body, if applicable, upon application duly made. If the property owner requesting the administrative variance objects to the committee's decision to approve with conditions, the property owner shall be informed of the owner's right to proceed de novo before the planning and zoning board, as final decision maker or as recommending body, if applicable, upon application duly made. If a property owner in the area affected by the decision objects to the decision of the committee, the property owner requesting the administrative variance shall be informed of the owner's right to proceed de novo before the planning and zoning board, as final decision maker or as recommending body, if applicable, upon application duly made, provided the objection is received in writing within 14 calendar days of the date of publication of the decision of the committee. A copy of the decision shall be published in a newspaper of general circulation. All approvals or approvals with conditions shall not be effective until 15 days after the committee's decision has been published.

(Code 1960, § 32-5.5(d); Ord. No. 93-113, § 1, 12-14-1993; Ord. No. 95-111, § 1, 12-12-1995)

(a)

Purpose and applicability. The purpose of providing for urban design incentives towards allowable percentage adjustments to front, corner and side setbacks on properties for urban infill and redevelopment, excluding Hialeah Heights, without the necessity for applying for a variance or adjustment, is to encourage the use of desired urban design elements.

(b)

Urban design elements and assigned points. The following urban design elements have been assigned incentive points based on the importance of the urban design element, with the most points given to the highest priority element and the least number of points given to the lowest priority element:

(1)

5 points—Parking facilities shall be located in the rear of the building.

(2)

5 points—Pavers, stamped concrete or stamped asphalt or other similar materials acceptable to the city shall be used for off-street parking areas located within 60 feet from the property line that abuts or is adjacent to a street. Such materials shall be distinguished from asphalt road surfaces by use of a different type and color.

(3)

5 points—Parking garages shall contain commercial uses on the street level floor of the parking garage building or, alternatively, the parking garage shall be wrapped by a linear building that includes exterior architectural treatments compatible with buildings or structures that occupy the same property.

(4)

4 points—All building elevations facing or visible from the street shall receive equal treatment in terms of materials and detailing. Trim, sills and lintels shall be incorporated with the design of all openings. Corner lots that front the street on two sides shall utilize architectural elements that are consistent and harmonious with the habitable space. Unless required as a fire wall, no blank walls will be permitted.

(5)

4 points—Placement of doors and windows shall be balanced and aligned horizontally and vertically.

(6)

4 points—Main pedestrian entrances of buildings shall be oriented towards adjoining, existing or new streets and directly connected to existing or new sidewalks.

(7)

3 points—Pedestrian pathways and walkways, no less than five feet in width, shall be provided from all pedestrian access points and connected to one another to form a continuous pedestrian network from buildings, parking facilities and parking garage entrances. Such pathways shall be distinguished and separated from vehicular traffic by a different pavement treatment, excluding striping.

(8)

3 points—Irrigation shall be provided for all landscaped areas.

(9)

2 points—Parking garages shall contain additional parking spaces leased for parking of commercial vehicles in an amount that represents at least 20 percent of the minimum number of required parking spaces.

(10)

2 points—Building colors shall be designed in a diverse by coordinated palette. The color palette shall be approved by the city as part of design review.

(11)

2 points—Use of natural materials such as granite, marble and keystone, shall be incorporated in the base of the building and on exterior surfaces.

(12)

2 points—Areas for trash collection or compaction, truck loading or similar uses shall not be visible from the public right-of-way or from abutting properties. Materials, colors and designs of screening walls and fences shall conform to the predominant materials, colors and designs used for the main buildings. Chain-link fences are prohibited.

(13)

2 points—All utilities shall run underground, with the exception of fire hydrants.

(c)

Calculation of total urban design credits that correspond to allowable percentage of front, corner and street side setback adjustments. The total number of assigned points, when added together, of the urban design elements used in a development, as identified and shown in the site plan, shall correspond to the allowable percentage of adjustments to front, corner and street side setbacks in the following manner:

(Ord. No. 2006-42, § 1, 8-22-2006)