No building permit shall be issued until the applicant has submitted a site plan for approval that complies with the requirements of this division as follows:

(1)

Alteration of existing structures. Alteration or completion of an interior where the altered or completed interior increases square footage.

(2)

Additions to existing structures. Additions that increase square footage.

(3)

Variances for existing structures. Request for a variance permit to exceed maximum allowable lot coverage for duplexes and multifamily residences.

(4)

Change in ownership of multifamily residences, mixed-use properties, commercial and industrial properties to condominium or cooperative ownership. Rental multifamily apartment buildings that are converted to cooperative or condominium ownership and industrial or commercial properties that are converted to cooperative or condominium ownership of individual warehouse bays or retail spaces are subject to a limited site plan review of parking and landscaping. Site plan review as provided in this paragraph and seller's agreement to notify each buyer of a condominium or cooperative unit of the county recertification of buildings that are in existence for over 40 years and every ten years thereafter is also required prior to issuance by the city of zoning compliance pursuant to F.S. § 718.616(4). The recertification notification shall include a copy of Code of Miami-Dade County, Florida section 8-11(f), which requires a property owner to provide the building official with an architect or professional engineer's report certifying that the building or structure is structurally and electrically safe or has been made structurally and electrically safe for the specified use for continued occupancy and which further requires city approval upon inspection and payment of a fee.

(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(15)(1); 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; Ord. No. 2005-36, § 1, 4-26-2005)

All applications rezoning property to residential, commercial or industrial zoning districts shall include a site plan with a rendering of the front facade with elevations.

(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(15)(2); 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)

A site plan fee according to the following schedule shall accompany each site plan:

(1)

Residential: $50.00 for each residential unit. A minimum fee of $200.00 for a multifamily or townhouse development in excess of two units.

(2)

Commercial: $25.00 for each 1,000 square feet of floor space. A minimum fee of $450.00.

(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(15)(3); 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; Ord. No. 2006-48, § 1, 9-12-2006)

(a)

Site plans as required in this division shall be examined and approved by the planning director on any parcel or building site of less than 80 acres. Site plans on 80 acres or more shall be submitted to the planning director and the planning and zoning board for a recommendation to the city council for approval or denial prior to the issuance of a building permit.

(b)

Upon disapproval of a site plan of less than 80 acres, the applicant may appeal the decision to the planning and zoning board, which shall then consider the site plan at a public meeting and shall thereupon recommend to the city council the approval or disapproval of such site plan.

(c)

Upon approval of a site plan on less than 80 acres, it shall be available in the planning division for public review prior to the issuance of a building permit. If, prior to the issuance of the permit, any person makes a written request therefor, stating that a specified ordinance has been violated, such site plan shall be reviewed by the city council at a public meeting, and the approval of the city council shall be a prerequisite to the issuance of the building permit.

(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(15)(4), (5); 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; Ord. No. 99-71, § 2(32-7), 5-25-1999)

All site plans shall contain all of the information required by applicable laws and ordinances governing the approval of subdivisions and, in addition, shall show the following:

(1)

The proposed title of the project and the name of the engineer, architect, or landscape architect, and the developer, for all except additions to a single or duplex dwelling.

(2)

The north point, scale, and date.

(3)

Existing zoning.

(4)

The boundaries of the property involved; all existing easements and property lines; existing streets, buildings, watercourses, waterways, or lakes; and other existing physical features in or adjoining the project.

(5)

Proposed changes in zoning to the applicant property, if any.

(6)

The location, dimensions, and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities.

(7)

The location and dimensions of proposed lots, setback lines, and easements and proposed reservations for parks, playgrounds, open spaces and other common areas.

(8)

Location with respect to each other and to lot lines of all proposed buildings and structures, or major excavations, accessory and main.

(9)

Preliminary plans and elevations of the buildings, as may be necessary.

(10)

Location, height and material of all fences, walls, screens, screen planting and landscaping.

(11)

Location, character, size and height and orientation of proposed signs, if any.

(12)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in square feet of lot area per dwelling unit, gross or net, as required by district regulations.

(13)

Topography of the project with contour intervals on one foot or less.

(14)

The locations and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures in or near the project.

(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(15)(6); 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)

Except as provided in section 98-349 of this Code, it shall be unlawful to subdivide any property within the city or to open, grade, or improve any streets therein or to erect, have constructed or cause to be constructed any residence or other structure on any unplatted land, until a plat of such proposed subdivision shall have first been approved by the planning and zoning board and city council.

(Code 1960, § 32-3; Ord. No. 2669, § 2, 11-14-1972; Ord. No. 2727, § 1, 4-10-1973; Ord. No. 82-43, § 1, 5-11-1982; Ord. No. 96-60, § 1, 6-25-1996; Ord. No. 2018-032, § 1, 5-8-2018)

No plat or replat required by this division shall be approved until the following requirements have been met:

(1)

Tentative plat. A tentative plat to be approved by the planning and zoning board showing all lots, streets, and alleys, together with their dimensions, as well as connecting adjoining streets and the elevation of the land in such subdivision to be expressed in feet above the mean sea level (United States Coastal and Geodetic Survey datum). The elevations may be shown as contours at one-foot intervals.

(2)

Final plat. The final plat shall comply with the requirements of F.S. ch. 177.

(3)

Agreement; bond. Every person submitting plats to the planning and zoning board and the city council for approval shall accompany such plat with an agreement providing for the paving of the streets; the construction of the sidewalks and drainage structures; and the installation of adequate water mains, fire hydrants, street lighting and such other improvements as the council deems necessary in such subdivision, which installations shall be in accordance with the specifications as set forth by the city council. The agreement shall be accompanied by a surety bond in the sum of not less than 110 percent of the estimated cost of such construction. Such agreement shall be approved by the city council and the city clerk. The condition of this bond shall be such that the principal shall fully and faithfully perform all the terms and conditions of the principal's agreement and within the time specified therein. Such bond shall be released by the city only upon satisfactory completion of the work specified in the agreement as evidenced by written certification by the city engineer, including certification that the elevations of all pavements, sidewalks and fills comply with this chapter. This agreement may stipulate such time limits, as the city council shall require, for the various installations specified therein. The agreement and surety bond shall be of such forms and conditions as required by the streets department, and both agreement and surety bond shall be held by the streets department.

(4)

Lot sizes. All building sites and lots in residential districts shall have a minimum width of 75 feet and a minimum depth of 100 feet, except that lots in R-4 townhouse districts shall have a minimum width of 22 feet and a minimum depth of 100 feet, and all building sites or lots in commercial or business districts shall have a minimum width of 45 feet and a minimum depth of 100 feet. The purpose and intent of this subsection is to prevent the reduction in size of lots and tracts or parcels of land from being redivided to parcels of less than the minimum required in this subsection. It is not intended to prevent lots in existence at the time of passage of the ordinance from which this chapter derives from being increased in size or width, even though such increase does not reach the prescribed minimum.

(5)

Street lighting.

a.

The city will accept ownership of all streetlights located on city (publicly dedicated) street rights-of-way and will thereafter be responsible for their maintenance and fuel cost under the following conditions:

1.

All plats in reference to street lighting will be referred to Florida Power and Light Company for its recommendations for an adequate lighting system and point of service for all lights to be located on city (publicly dedicated) street rights-of-way.

2.

All lights must be mercury vapor of not less than 4,500 lumina.

3.

All poles must be concrete.

4.

Florida Power and Light Company will relamp the lights on city (publicly dedicated) street rights-of-way as part of its fuel cost of luminaries meeting its specifications.

5.

All wiring must be underground.

6.

All developers must expect a minimum of 60 days for approval of a street lighting plan.

b.

Lighting of interior areas.

1.

The city recommends that adequate lighting be provided by the developer for all sites that are not located on public rights-of-way.

2.

The city will not accept ownership, maintenance or fuel cost for any lights not located on city (publicly dedicated) street rights-of-way.

c.

All other improvements shall be according to the requirements of platting of Miami-Dade County.

(6)

Payment of taxes, liens, assessments. The payment of all municipal taxes, municipal liens and municipal assessments is required prior to the approval of any plat. No land shall be divided or subdivided by plat nor shall the plat be approved by the mayor and city council until all municipal taxes, municipal liens and municipal assessments have been paid.

(7)

Filing fee. The payment of a filing fee is required upon submission of an application for approval of a plat. The required base filing fee is $750.00 for low density residential development with an additional fee of $25.00 for each lot identified in the plat. The required base filing fee is $750.00 for multiple family residential development with an additional fee of $10.00 for each residential unit within the boundaries of the plat. The required base filing fee for commercial and industrial development is $1,500.00 with an additional fee of $100.00 for each acre or fraction thereof within the boundaries of the plat. The filing fee is intended to defray the cost of review and consideration of approval by the city of a tentative plat and final plat.

(Code 1960, § 32-3; Ord. No. 2669, § 2, 11-14-1972; Ord. No. 2727, § 1, 4-10-1973; Ord. No. 82-43, § 1, 5-11-1982; Ord. No. 96-60, § 1, 6-25-1996; Ord. No. 2007-016, § 1, 2-13-2007)

(a)

Size of lots. According to subsection 98-347(4) and section 98-2056, no new plat shall be approved unless all building sites and lots in residential districts shall have a minimum average width of 75 feet and a minimum average depth of 100 feet, except that lots in R-4 townhouse districts shall have a minimum width of 22 feet and a minimum depth of 100 feet, and all building sites or lots in commercial or business districts shall have a minimum width of 45 feet and a minimum depth of 100 feet. All lots in R-1 one-family districts and R-2 one- and two-family residential districts shall have at least 7,500 square feet in area.

No building permits shall be issued for the erection of future structures on existing legally divided parcels of unimproved land in R-1 and R-2 zones unless they shall be at least an average of 40 feet wide and shall have an area of at least 6,480 square feet. However, whenever it shall appear that an owner or his predecessors in title owned a legally divided parcel of land having an area less than 6,480 square feet and more than 5,100 square feet with a minimum average width of at least 40 feet and a minimum average depth of at least 100 feet on February 26, 1974, and if it shall appear that the owner or his predecessors in title owned no other adjacent property at such time or since such time, a building permit shall be issued provided that at least 50 percent or more of the block containing such parcel is presently divided into building sites occupied by existing single-family or duplex homes with lot widths and areas equal to or less than that for which the building permit has been applied. Further, building permits may be issued for the erection of future structures on existing legally divided parcels of unimproved land in R-1 zones if such lots are at least an average of 40 feet in width and are an average of at least 125 feet in depth, and provided, further, that such future structures are to maintain a 30-foot front yard setback, a 25-foot rear yard setback, and five-foot one-inch side setbacks. Provisions of Ordinance No. 83-51, amending section 98-500 pertaining to front yard requirements in R-1 one-family districts, shall not be applicable to structures built on 40-foot lots permitted to be built upon under this section.

No building permit shall be issued for any proposed structure on a legally divided residential parcel of land where the width is less than 40 feet or the depth is less than 100 feet or the area is less than 5,100 square feet without a variance permit except lots in R-4 townhouse districts and R-Z zero lot line development districts.

(b)

Blocks. No plat of any subdivision in R-1, R-2, R-3, and R-4 residential zones shall be accepted by the city with any section, tract, block or other description that would be in excess of 600 lineal feet, unless the such plat backs up to a lake, canal, railroad, or Florida Power and Light Company easement or right-of-way or tracts of public property.

(c)

Flood hazard disclosure. All subdivision plats shall include an engineer's or surveyor's statement as to which lots, if any, are partially or completely located in an area of special flood hazard identified pursuant to the National Flood Insurance Act of 1968, as amended from time to time.

(Ord. No. 856, §§ 1, 2, 3-8-1955; Ord. No. 873, §§ 1—3, 6-14-1955; Ord. No. 1126, § 1, 5-27-1958; Code 1960, § 32-8; Ord. No. 1255, § 1, 2-23-1960; Ord. No. 1434, § 1, 12-28-1961; Ord. No. 2278, § 1, 9-23-1969; Ord. No. 3084, § 1, 7-13-1976; Ord. No. 3127, § 1, 9-28-1976; Ord. No. 83-158, § 1, 12-13-1983; Ord. No. 84-52, § 1, 4-10-1984; Ord. No. 94-32, § 1, 4-12-1994; Ord. No. 2013-33, § 1, 5-28-2013)

State Law reference— Payment of taxes prior to recording of subdivision plats, vacation of plats, F.S. §§ 192.29, 192.30, 192.56.

A subdivision of plat is not required in the BDH business development district for division of land into separate parcels, provided compliance with the subdivision provisions of chapter 28 of the Miami-Dade County Code and notwithstanding anything in this section to the contrary; and provided that all applications for building permits where multiple buildings are proposed for a single site be accompanied by one of the following documents:

(1)

A unity of title, approved for legal form and sufficiency by the city attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property; or

(2)

A declaration of restrictive covenants, approved for legal form and sufficiency by the city attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. The declaration shall contain the following necessary elements:

a.

That the subject site will be developed in substantial accordance with the approved site plan. That no modification shall be effectuated without the written consent of the zoning director and the then owner(s) of the phase or portion of the property for which modification is sought; provided the zoning director finds that the modification would not generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or tend to provoke a nuisance, or be incompatible with the area concerned, when considering the necessity and reasonableness of the modification in relation to the present and future development of the area concerned. Should the zoning director 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 planning and zoning board or the city council of the City of Hialeah (whichever by law has jurisdiction over such matters).

b.

That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan.

c.

That 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 of restrictive covenants. 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:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

(vii)

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;

(viii)

Easements on each parcel for attachment of buildings;

(ix)

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;

(x)

Appropriate reservation of rights to grant easements to utility companies;

(xi)

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

(xii)

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

(xiii)

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 zoning director if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval 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, 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.

Nonuse variances created solely by separate ownerships, pursuant to subsection (2)(c) shall be waived by the zoning director.

d.

The declaration of restrictive covenants 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 then owners of the property, provided that the same is also approved by the city council and the mayor of the city, or its successors, by resolution, upon advertised notice, or by ordinance if the covenant is adopted by ordinance or as otherwise provided in the city charter, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.

e.

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

(Ord. No. 2018-032, § 1, 5-8-2018; Ord. No. 2021-070, § 1, 8-10-2021)

(a)

Subdivision by waiver of plat. Provided compliance with the subdivision provisions of chapter 28 of the Miami-Dade County Code notwithstanding anything in this section to the contrary, a subdivision by waiver of plat may be approved in the HPD Hialeah Park District pursuant to the following circumstances listed below:

(1)

The land to be subdivided is to be divided into no more than six parcels and because of unusual conditions created by ownership or development of adjacent lands, the isolation or remoteness of the land concerned in relation to other platted or improved lands, or improvements and dedications existing on the land substantially in accordance with the requirements of this article, it is determined by the planning director that waiving of the requirement for platting would not conflict with the purpose and intent of this article. In lieu of platting, the planning director may require any dedications, reservations, or improvements required in connection with platting under this article, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this article; or

(2)

The resubdivision of land heretofore platted is of such unusual size or shape, or is surrounded by such development or unusual conditions as may be determined by the planning director to justify the waiving of the requirement for the recording of a plat. In lieu of the recording of a plat, such conditions may be imposed as may be deemed necessary and appropriate to preserve the public interest.

(b)

Waiver of plat procedure.

(1)

To determine if the waiving of the requirement for platting would not conflict with the purpose and intent of this article and if the exceptions contained in section 98-350(a) are applicable, a waiver of plat survey shall be submitted by the property owner.

(2)

A waiver of plat application shall be submitted, signed by the owner and notarized on a form prescribed by the city.

(3)

The waiver of plat survey shall be prepared by a land surveyor registered in the State of Florida and shall bear the embossed seal of the land surveyor.

(4)

The waiver of plat survey shall include the following items, unless specifically waived by the city:

a.

Legal description of the parent tract.

b.

Legal description of each parcel to be created.

c.

Location of property lines, existing easements, buildings, waterways and other essential features.

d.

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

e.

Locations, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other open public spaces and similar facts regarding immediately adjacent property.

f.

Date of field survey, north point and graphic scale.

g.

The width and location of all streets or other public ways proposed by the developer.

h.

The proposed lot lines with dimensions.

i.

Existing ground elevations of the property and extending not less than 25 feet beyond the boundaries of the property.

j.

Existing easements or restrictions shown on any underlying play shall be indicated.

k.

The location of all buildings, slabs, fences and other permanent structures on the adjacent properties that would be nonconforming with the creation of the requested division of land.

(5)

The property owner shall pay such fees as may be prescribed for checking the waiver of plat and investigating such matters concerning it as may be required.

(6)

The property owner shall submit a current opinion of title from any attorney authorized to practice law in this State with the submittal of the waiver of plat application.

(7)

Prior to the approval of the waiver of plat the property owner shall submit appropriate documentation showing the consent of any mortgage holders to the adoption of the waiver of plat.

(8)

Certification from the county that all taxes and assessments have been paid on the land within the proposed waiver of plat or receipted tax bills prior to the approval of the waiver of plat.

(c)

Waiver of plat review.

(1)

Upon receipt of an application for a waiver of plat, the planning director will determine whether or not the application meets any of the conditions of section 98-350(a), and, if so, whether or not the application is complete and in conformance with the requirements of section 98-350(b).

(2)

All applications for waiver of plat which are denied by the planning director for not being in conformance with sections 98-350(a) and 98-350(b), will be returned to the applicant with a list of reasons for the denial. If a proposed subdivision does not qualify for the waiver of plat process pursuant to section 98-350(a) herein, then a tentative plat shall be required.

(3)

All applications for waiver of plat which are accepted by the planning director as being in conformance with sections 98-350(a) and 98-350(b) shall be evaluated and processed by the city. The planning director shall consult with city departments, as necessary to review application impacts. The planning director shall issue its recommendation and schedule the application for consideration on the planning and zoning agenda. If the city council approves the waiver of plat application, this action will be confirmed by resolution.

(Ord. No. 2021-079, § 1, 9-14-2021)