The building and zoning director shall enforce the zoning ordinances of the city.

(Ord. No. 73-10-46, § XXIX, 12-18-73)

Cross reference— Buildings and building regulations, Ch. 6.

(a)

All development permits or approvals authorized by this chapter are conditional approvals, subject to the permit holder's compliance with all terms and conditions of the permit. All permits are subject to being revoked or suspended if any term or condition of approval is violated.

(b)

Notwithstanding any other provision contained in this chapter, the city council may revoke or suspend any development permit authorized by this chapter, or direct that no further development permits be issued for a development, if the holder of a development permit is found to have violated any of the terms or conditions of a permit approval.

(c)

Before any of the actions set forth in subsection (b) may be ordered, the city shall provide notice to the permit holder of the alleged violation. Written notice of the violation shall be provided by certified mail, return receipt requested, which shall be mailed to the permit holder at the address shown for the property owner or developer on the permit application. Any other form of notice may be used in addition to certified mail, including, but not limited to, hand-delivery, facsimile transmission and telephone call, which is reasonable under the circumstances, to apprise the permit holder of violation and scheduled hearing. A copy of the notice may be sent to the permit holder's attorney, if known. The notice shall advise the permit holder of the nature of the violation and the time, place and date of a hearing. The hearing shall be held no sooner than fifteen (15) days nor later than forty-five (45) days from the date notice is mailed. A hearing may be held earlier than fifteen (15) days if the nature of the violation represents an immediate threat to the health or safety of the community. At the hearing, the city council, sitting as a quasi-judicial body, shall determine whether the alleged violation exists. If a violation is found to exist, the city council may revoke or suspend the development permit containing the condition violated, or direct that no further development permits be issued for a development, unless and until the developer provides substantial assurance that the violation will be corrected and no further violations of the permit conditions will occur. Substantial assurance may consist of a bond, agreement, or additional conditions on the permit.

(Ord. No. 2003-06-24, § 3, 6-23-03

(a)

Zoning map amendments—application and notice. Upon its own initiative, or upon the petition of the owner or owners of a majority of frontage in any area, the city council may, after local planning agency review and having held a public hearing pursuant to the notice requirements set forth in Section 166.041, Florida Statutes, change, modify or repeal the regulations, restrictions and boundaries of zoning districts herein established. No such application shall be heard by the local planning agency or the city council until the applicant has complied with the requirements set forth in section 30-56 of the Code for school impact review.

(b)

Zoning map amendments from non-residential to residential use. No application to amend the zoning map to re-zone any non-residentially zoned property to residential use shall be accepted for review until after the development services department completes its inventory and analysis of the city's non-residential land supply or until July 1, 2004, whichever comes first. However, this subsection shall not apply to properties zoned G, to zoning map amendments from a non-residential zoning district to R-4 where the use requested is commercial in nature, or to city-initiated re-zonings.

(c)

Comprehensive plan amendment—application and notice. Changes to the city's comprehensive plan may be initiated by the city council or property owners and shall be noticed in accordance with the requirements of Section 163.3187, Florida Statutes. A current copy of Sections 166.041 and 163.3187, Florida Statutes, shall be maintained in the office of the department of development services and by the city clerk. No such application shall be heard by the local planning agency or the city council until the applicant has complied with the requirements set forth in section 30-56 of the Code for school impact review.

(d)

Denial. Denial of an application for rezoning, special exception permit, variance, or any request to approve or modify a planned unit development shall be with or without prejudice. If the application is denied without prejudice, the applicant or his or her successor in interest shall not re-apply for the requested change until six (6) months after the date of denial. If the application is denied with prejudice, reapplication is prohibited until one (1) year after the date of the denial.

(Ord. No. 73-10-46, § XXVIII, 12-18-73; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2003-06-24, § 4, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

Variances. Applications may be made for such variances from the terms of this chapter, chapter 23, "signs and advertising," article III "signs," division 3 "regulations," except for prohibited signs, and chapter 25, "subdivisions and platting," section 25-116, "private streets" as will not be contrary to the public interest where, owing to conditions unique to the site, a literal enforcement of the provisions of this chapter, chapter 23, article III, division 3 or chapter 25, section 25-116 would result in unnecessary hardship.

(b)

Application, review, hearing and appeal procedures. All application, review, hearing and appeal procedures applicable to special exception uses, except for the criteria for approval as set forth in section 30-42(c) below, shall be applied to applications for variances.

(c)

Criteria for approval of variance. The applicant shall demonstrate conformance with each of the following criteria, and the staff report shall analyze whether each criteria is met:

(1)

Special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of the property for which the variance is sought.

(2)

The circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

(3)

The literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatever that the denial of the variance might deny to the property owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter).

(4)

The hardship is not self-created by any person having an interest in the property or the result of mere disregard for, or ignorance of, the provisions of this chapter.

(5)

The variance is the minimum variance that will make possible the reasonable use of the property.

(6)

The variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(7)

Granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be grounds for the issuance of a variance.

(8)

Under no circumstances shall the city council approve a variance to allow a use not permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(Ord. No. 66-04-4, 5-16-66; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2019-04-05, § 2, 4-17-19; Ord. No. 2022-04-08, § 2, 4-27-22)

Only those persons holding a fee interest, leasehold interest or other legal and beneficial interest in the ownership or use of property, or a representative of such person with evidence of such authority, shall be entitled to process an application for a change to the comprehensive future land use classification or zoning district designation, special exception, variance, site plan and/or plat approval(s) before either the local planning agency or the city council.

(Ord. No. 74-12-68, § 1, 2-5-75; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2022-04-08, § 2, 4-27-22)

Any action taken pursuant to this chapter that has the effect of subdividing land into building lots shall comply with the platting requirements of chapter 25 of the Code.

(Ord. No. 74-08-42, § 1, 8-5-74; Ord. No. 2003-06-23, § 18, 6-23-03)

(a)

Purpose. A special exception, as defined in section 30-1 of this chapter, does not constitute an authorization of such use or an assurance that such use will be approved under this chapter. Rather, each proposed special exception shall be evaluated by the director ("director") of the department of development services ("department") or designee, development review committee ("DRC"), and city council for compliance with the standards and conditions set forth in this section.

(b)

Special exception uses permitted. Except as otherwise provided by this section, special exception uses are those uses specifically listed as permitted special exception uses in the district regulations. See section 30-531. They shall be subject to the conditions and limitations prescribed therein. In addition to the uses listed in the district regulations as special exception uses, applications for such public utility uses and structures as transformers, substations, telephone exchanges, pumping stations, or other essential components from a person other than the city shall require a special exception permit to locate in any zoning district.

(c)

Application procedures.

(1)

Pre-application conference: A pre-application conference with the city's development services department staff is optional but encouraged before the submission of the initial application for a special exception permit. The failure of the pre-application conference to identify the applicability of any section of the Code shall not merit waiver of said section.

(2)

Application contents: The following shall be submitted to the department with the special exception use application:

a.

A sketch plan which depicts the location of buildings on the site; the internal traffic circulation system; ingress and egress from major roadways; parking areas; and the proposed landscaping of the project, all in conformance with the relevant Code requirements.

b.

Elevations of the proposed buildings.

c.

A colored three-dimensional rendering.

d.

A description of the major facilities to be located on-site.

e.

Hours of operation.

f.

When DRC review is required, other items deemed by the DRC to be necessary to demonstrate compliance with the review criteria.

(3)

Fee: A fee will be charged in accordance with section 30-51.

(4)

Sign on-site: At least ten (10) days prior to the scheduled hearing before the city council, the applicant shall place, upon the property, which is the subject of the application, a four-foot by four-foot sign, facing each of the road rights-of-way on which the property fronts. If the property does not front on a road right-of-way, the sign(s) shall be placed on the property in such a manner as to give maximum exposure to the public. The sign(s) shall remain on the property until the final disposition of the application by the city council, and shall be removed within seven (7) days thereafter. Each sign shall contain large lettering which shall be easily read by the public from the perimeter of the property, and said lettering shall indicate:

a.

The type of special exception use requested;

b.

Date of the hearing being advertised; and

c.

Phone number for information.

(5)

Notice: Notice of a special exception shall be provided in accordance with the requirements set forth in section 30-48 of the Code.

(6)

Completeness, DRC review: The department shall seek additional data if necessary, and initiate review of a special exception application only upon receipt of a complete application. It shall schedule the application on the agenda of the next available DRC meeting consistent with the director's calendar. The DRC shall conduct its review of the application as set forth in section 30-55 of the Code.

(7)

City council: The application shall be placed on the next available agenda, provided all staff comments have been adequately addressed by the applicant. The development services department shall prepare a written recommendation for the city council. The city council shall review the application for compliance with the applicable provisions of this chapter. The city council shall conduct a quasi-judicial public hearing in accordance with the procedures established in chapter 2 of the Code, as may be amended. The city council shall consider the application, the relevant support materials, the DRC and director's recommendations, and public testimony and evidence presented at the public hearing. If at any time during the public hearing, the city council determines that the application is based upon incomplete or inaccurate information or misstatements of fact, it may deny the application. If, in the opinion of the city council, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the city council may continue the public hearing on the matter to a designated time to allow for the additional research or review prior to rendering a decision on the application. After the decision is made to continue, the date to which the proceeding shall be continued shall be announced at the proceeding. The city council shall vote to approve, approve with conditions, or deny the application, by a simple majority of the members present, based upon the standards established in this section, unless the majority votes to defer the matter to a subsequent public hearing at a specified date and time. The council's action shall be by resolution

(8)

Filing and recording of resolution: The resolution shall be filed with the city clerk. Unless the resolution is appealed, within forty (40) business days of the filing of the resolution with the city clerk, the applicant shall record a certified copy of the resolution and the sketch plan in the public records of Miami-Dade County at its sole cost and expense. Proof of recording shall be provided to the city. When approved, a special exception shall be noted on the official zoning map.

(d)

Review criteria. The standards and guidelines to be applied by the city council in considering applications for a special exception use are as follows:

(1)

Compatibility with and impact on surrounding properties: An otherwise lawful activity may, because of its location and the nature of the neighboring uses, interfere with the property rights of nearby landowners, by creating an unreasonable disruption to the area from increased noise, light, storage and use of dangerous materials, intensity and density of development. Such adverse impact shall be avoided. It is the intent of this section that each application for approval of a special exception use be evaluated in light of the regulations and permitted uses governing the zoning district in which the subject property is located, and the positive and negative effects that it will have on surrounding land uses, the neighborhood and the community as gauged by the criteria contained herein. Special consideration is to be given to the effect that the proposed special exception use will have on minors who reside in the area.

(2)

Traffic: The volume and type of vehicular traffic associated with such use, particularly its impact on residential streets, must be appropriate to the location and to the surrounding road network, as demonstrated by a professional traffic study to be prepared by the applicant or the applicant's representative and accepted by city staff as complete and adequate. The council may condition the approval of a special exception on improvements to the surrounding road network if it determines them to be necessary based on the record at the special exception hearing.

(3)

Comprehensive plan: Consistency with the goals, objectives and policies of the city's adopted comprehensive plan.

(4)

Compliance with Code: Compliance with all applicable provisions of the city's Code, including the Adequate Public Facilities Chapter.

(5)

Design: The design of the proposed special exception prevents adverse visual impacts and the impact of intensity of the proposed use on adjacent lands. When considering design, the board shall review the application to ensure that the dimensions, height, floor area ratio, setbacks, buffers, location and extent of parking, access drives, and service areas, and landscaping are provided in a manner compatible with the area as provided in section 30-45(d)(1).

(6)

Timing and pattern of development: The proposed special exception will result in logical, timely and orderly development patterns.

(7)

Temporary events: A special exception for a temporary event, as defined by section 30-1, shall only be reviewed upon the basis of compatibility and for consistency with the comprehensive plan as provided in section 30-45(d)(1) and (3). The criteria of sections 30-45(d)(2), and 30-45(d)(4)—(6) shall not be applied to review special exceptions for such temporary uses.

(e)

Relevant matters.

(1)

At the respective public hearing, the city council shall consider at least the following matters:

a.

The applicable criteria for approval.

b.

The testimony and submittals of any applicant (or agent or representative for the applicant).

c.

The staff report.

d.

The testimony and submittals of the public.

(2)

The city council shall not consider the following matters:

a.

The nonconforming use of nearby lands, structures, or buildings.

b.

Testimony or submittals that are not directly relevant to the application.

(f)

Procedures for application and review.

(1)

The owner, or the representative of the owner specifically authorized in writing to offer an application in the owner's name, shall make application for a special exception permit on forms to be provided by the department.

(2)

The application for special exception permit shall set forth in sufficient detail to reasonably apprise the staff and the city council of the nature, extent, scope and purpose of the application, and shall meet the criteria and requirements enumerated above.

(3)

The staff shall examine such application to determine whether all pertinent information has been provided, and request additional information if necessary to complete its review of the application prior to scheduling it for review by the city council.

(4)

The staff shall place the application on the agenda of the next available scheduled meeting of the city council. Notwithstanding the foregoing, scheduling of city council public hearings shall take into account the time within which public notice requirements can be satisfied, and may be at such time as is mutually agreed upon between the applicant and the director.

(g)

Effective period of special exception use.

(1)

Initial term: A special exception permit as provided herein shall be effective for a period of three hundred sixty-five (365) days from the date of issuance. Unless a building permit is issued (or local business tax receipt is issued where no building permit is required) for the special exception use on or before the three hundred sixty-fifth day following the date of issuance, the special exception permit shall expire. Approval of a special exception use shall remain effective while an active building permit or local business tax receipt is in effect for the use. The effectiveness of the special exception permit after this period is provided by subsection (h) below.

(2)

Extensions: Upon application to the city council prior to the expiration date of the special exception permit, the effective period may be extended for up to an additional six (6) months.

(3)

Reapplication after denial: Denial of an application and re-application shall be governed by section 30-41 (c) of the Code.

(4)

Approval in conjunction with a site plan: A special exception permit, which has been approved pursuant to the provisions of this chapter and in conjunction with an approved site plan, shall be effective for the same time period as the site plan.

(h)

Effect of special exception permit. A special exception permit issued pursuant to the requirements of this chapter grants to the applicant, its successors and assigns, the right to develop and utilize the premises in accordance with the terms and conditions contained in the special exception permit. Approval of a special exception use shall be deemed to authorize only the particular site configuration, layout and level of impacts that were approved, unless the special exception permit is amended, rescinded or revoked as provided in this chapter. Permitted uses may occur in conjunction with or in place of the special exception use. A special exception permit shall run with the land. Failure to initiate the uses permitted by the special exception permit for a period longer than three hundred sixty five (365) days from the date of approval shall result in the expiration of the special exception permit. Receipt of a special exception permit shall not ensure that the approved development will receive subsequent approval for other applications for development permits, unless the relevant and applicable portions of this chapter are met.

(i)

Amendments to special exception permits.

(1)

Minor deviations. The director may approve minor deviations from a special exception. Deviations in excess of the limits of this subsection shall be subject to city council review and approval, approval with conditions, or denial as provided in paragraph (2) below. Authorized minor deviations are those that allow minor redesign or change to a project that would not substantially change or increase the originally anticipated impacts. Minor deviations shall be limited to the following:

a.

The relocation of no more than five (5) percent of the total approved square footage or other area indicated as being covered by structures, to the portions of the site not previously covered, as long as it complies with the standards of this chapter;

b.

Redesign or change in use to another permitted use in the applicable zoning district, where there is no increase in impacts on public facilities;

c.

The slight reduction or relocation of areas set aside for community open space or recreation, not to exceed five (5) percent provided that such changes do not result in a substantial change in the approved amount, boundary configuration, or character of open space or recreation;

d.

An overall increase of no more than five (5) percent in the total square footage covered by any structure as long as it complies with the requirements of this chapter;

e.

An overall increase of not more than five (5) percent of the height of any structure as long as it complies with the requirements of this chapter; and

f.

Relocation of access points.

(2)

Other permit amendments. A special exception permit may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval, or as otherwise set forth in this chapter. Before any special exception permit is amended, extended, varied or altered, the applicant shall demonstrate that a change of circumstances or conditions has occurred which make it necessary to amend, extend, vary or alter the special exception.

(j)

Violation of conditions. Any failure to adhere to the terms and conditions of the approval shall be considered violations of this Code and shall be subject to a fine as set forth in section 1-11 of the Code.

(k)

Effect on previously issued special use permits. Any special use permit issued prior to July 1, 2003, shall be deemed a legally non-conforming use and shall be governed by the provisions of article V of chapter 30 of the Code as it may be amended from time to time.

(l)

Conversion of special use permit to special exception permit. Prior to July 1, 2004, any special use permit may be converted to a special exception permit by the director of the city's development services department. An application for such permit conversion shall be granted provided that:

(1)

The use applied for is identical to the use permitted under the approved special use permit; and

(2)

The use applied for is specifically permitted as a special exception pursuant to the district regulations of this chapter; and

(3)

The use complies with current landscaping requirements of chapter 29 and the color palette and color review chart provided for in chapter 32.

(m)

Judicial review of the city council's decision. Within thirty (30) days of a council decision granting or denying a special exception permit, any aggrieved persons who have opposed the special exception at a public hearing of the city may seek review of such decision in the circuit court in and for Miami-Dade County, in the manner provided by state law. For the purposes of this subsection, an "aggrieved person" shall mean any person that will suffer an adverse effect because of the decision of the city council. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons.

(Ord. No. 69-01-2, 2-3-69; Ord. No. 75-10-61, § 1, 10-21-75; Ord. No. 76-06-30, §§ 3, 4, 6-21-76; Ord. No. 90-11-86, Pt. 3, 12-3-90; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2007-08-26, § 14, 8-6-07; Ord. No. 2022-04-08, § 2, 4-27-22)

The following procedure shall be followed for the establishment and development of a PUD zoning district:

(1)

Filing of a preliminary sketch plan. In order to establish a PUD, the applicant shall first file fifteen (15) copies of a preliminary sketch plan with the department of development services at least fifteen (15) business days before being scheduled for review by the development review committee. The preliminary sketch plan shall contain the following:

a.

A non-refundable filing fee as specified by section 30-51;

b.

Vicinity map of the PUD district, with contiguous areas shown thereon for a distance of one thousand (1,000) feet specifically identifying the existing, zoned and planned uses for such contiguous properties including location of all water bodies and roads, subdivision names, parcel lines, and any other information that reasonably may be required by staff;

c.

Boundaries of the PUD requested;

d.

Legal description;

e.

Name(s) of the person(s) owning the property subject to the application (if the owner or applicant is a corporation, the names of the officers shall be disclosed);

f.

Surrounding uses, roadways and easements;

g.

Location of the various land uses proposed for the PUD, and their areas in acres and percentage of such use to total land area;

h.

General location of existing and proposed roadways within and adjoining the proposed PUD, whether public or private;

i.

Location of principal ties to all utility systems including water, sewage and electricity;

j.

Location of all existing and proposed drainage systems including lakes, canals, waterways, impoundment areas, ditches, etc.;

k.

Location of all open and public use areas. Public areas shall include but not be limited to schools, parks, recreational areas, public ways, streets, etc.;

l.

General statement as to ownership, maintenance and use of common open space, waterways, etc.;

m.

If development is to be phased over a period in excess of one (1) year from final date of approval, a statement of how phasing is to proceed and a time schedule;

n.

Any additional information as may be required by the city.

(2)

Distribution of the preliminary sketch plan. Upon receipt of the preliminary sketch plan and attendant information by the development services department, the copies shall be immediately distributed as follows:

a.

Fifteen (15) copies to file in the development services department for distribution to the DRC.

b.

All copies shall be dated and signed by the owner of the property or the owner's representative.

(3)

Scale of drawings. All master plans and site plans to be submitted pursuant to this chapter shall be drawn to a one (1) inch to sixty (60) feet scale unless otherwise approved by the director of the department of development services.

(4)

DRC review of the preliminary sketch plan. Upon certification by the director of the department of development services that the preliminary sketch plan application is complete, the director shall schedule such application for review by the DRC. The DRC shall review and comment on the application as provided for in section 30-55 of the Code.

(5)

Local planning agency review of the preliminary sketch plan. Once the DRC has completed its review of the application, the director ("director") of the department of development services ("department") or designee shall schedule a review of the preliminary sketch plan by the local planning agency no earlier than thirty (30) days following the DRC review so as to provide the applicant time to satisfy any questions or comments posed by the DRC. The local planning agency shall utilize the following procedure in conducting its review:

a.

Public hearing. The local planning agency shall review the preliminary sketch plan at a public hearing to be advertised pursuant to the requirements set forth in section 30-48 of the Code.

b.

Local planning agency recommendation of the preliminary sketch plan. The local planning agency shall review the preliminary sketch plan for conformance with the Code and shall either recommend approval, approval with conditions or denial of the proposed preliminary sketch plan. The local planning agency may also refer the application back to the DRC for further review pursuant to the requirements set forth in section 30-55.

(6)

City council review of the preliminary sketch plan. Once the local planning agency has completed its review of the preliminary sketch plan, the director of the department of development services or designee shall schedule the application for review before the city council at a public hearing as soon as may be practicable. The city council shall utilize the following procedure in conducting its review:

a.

Public hearing. The city council shall conduct its review of the preliminary sketch plan at a public hearing to be advertised in accordance with the requirements set forth in section 30-48.

b.

City council recommendation of the preliminary sketch plan. The city council shall review the preliminary sketch plan along with the recommendations of the local planning agency, staff report, and all other attendant information required and shall indicate their approval or disapproval and the reasons therefor. If approved, the applicant shall then be authorized to prepare a master development plan for final approval by the city council. If disapproved, the council shall state the reasons for such disapproval and conditions, if any, under which the council would consider approving the PUD.

(7)

PUD master development plan. Within one (1) year of the local planning agency's recommendation of approval or recommendation of approval with conditions of the preliminary sketch plan, the applicant shall submit a master development plan to the department of development services. The city council may extend the time for filing of the master development plan where good cause has been shown.

a.

Review. The master plan shall be reviewed utilizing the same procedure as that used for the review of the preliminary sketch plan.

b.

Contents. Neither the local planning agency or the city council shall review the proposed master development plan unless and until the director of the department of development services certifies that the proposed master development plan contains the following information:

1.

Name(s) of the person(s) owning the property subject to the application (if the owner or applicant is a corporation, the names of the officers shall be disclosed);

2.

The scale of the plans (governed by the size of property); all dimensions shown shall conform to the scale of the drawing;

3.

Proposed development name and section, township and range of subject property;

4.

All major streets in and around the development, existing and proposed, identified, numbered or clearly labeled;

5.

The location of structures and proposed land use and design regulations, including maximum density, building height, lot dimensions, setbacks, distance between structures, unit size, frontage and accessibility.

6.

Alignment and width of all arterial and collector roads, existing and proposed, radii of all curves, intersection and lane requirements analysis based on average daily trips (A.D.T.) and vehicles per hour (V.P.H.);

7.

Location and approximate width of all existing or planned canals, waterways, lakes, retention or impoundment areas, ditches and watercourses;

8.

Location of all bulkheads, docks, piers, retaining structures and all other structures of similar nature or purpose;

9.

Location of all existing drainage structures within the property limits and within one hundred fifty (150) feet of all property lines;

10.

Location of all proposed drainage structures in the site and outside the site, to include drainage area, flows in acre-feet per day and cubic feet per second for design storms, normal and flood stage water elevations. Design water levels of all structures and compatibility of improvements and projected flows with affected upstream and downstream structures. Developer shall furnish, upon request, all required calculations and supporting evidence;

11.

Location, type, size and methods for water supply, treatment and distribution, with certification that developer has fulfilled all requirements necessary to reserve capacity with city;

12.

Location, type, size and methods of all proposals for collection, treatment and disposal of waste waters, to include soil test data, degree and method of treatment; lift stations and force main flows and pressures; projected effluent quality and effects on water quality, with certification that developer has fulfilled all requirements to reserve capacity with city/county;

13.

All areas within the boundaries of the project existing and proposed shall be identified as to acreage, use, density and purpose. In addition, overall acreage of development, gross density, net density, percentage of uses, percent and area of open, public and private areas by types, estimated population, and net acreages and densities by uses. Developer shall furnish, upon request, all required calculations and supporting evidence;

14.

General landscaping features, existing and proposed, and landscaping material;

15.

Location, size and extent of all proposed fill, excavation and dredging sites, with appropriate soils tests, typical sections, and provisions for dust control and water quality protection;

16.

Existing and proposed finished elevations based on United States and Geodetic Survey, Mean Sea Level Datum, National Oceanographic Survey (M.S.L.) with existing elevations contoured at an appropriate interval. Proposed finished elevations or contours shall be shown on all rights-of-way, building areas and public and private open spaces. In addition, statement as to proposed minimum elevations of finished floors throughout.

17.

A progress plan delineating the various development phases, if more than one (1), and specifying a reasonable time allocation for each phase.

18.

A draft declaration of restrictive covenants binding development of the property to the phasing plan specified above.

19.

Where an application for development approval (ADA) for a development of regional impact (DRI) under Florida Statute is required, copies shall be filed with the application for master development plan approval. Where such ADA is not required, an impact study shall be made as part of the application and shall be submitted at least ten (10) days prior to DRC review of the DRI. The form and content shall be approved by the city council. At a minimum, the study shall include the following:

i.

A cost benefit feasibility study by an independent, qualified economist, at no expense to the city, indicating community needs of the proposed developments;

ii.

A school impact study by an independent, qualified person or firm or school district staff, at no expense to the city, indicating the effect of the proposed development upon the public school system;

iii.

A traffic impact study at no expense to the city. Such study shall include the impact of the proposed development on the surrounding area, the traffic potential to be generated by the development, the adequacy or inadequacy of existing streets to safely carry the predicted traffic loads, necessary changes in the street system or design caused by the development, projected costs of such improvements which may not be borne by the developer, and such other information as may be required by the development services director in order to aid the local planning agency or city council in their decision; and

iv.

A utility impact study at no expense to the city. Such study shall include the impact of the proposed development and needed public and private services including, but not limited to, water, sanitation, fire protection, drainage and other such matters as may be specified by the development services director to aid the local planning agency or city council in making their decisions.

20.

Provision for community infrastructure as set forth in chapter 25, article V.

21.

Provision for policing of private roads, if applicable, such as by police access covenant.

(8)

Modifications to approved master plan. Any significant voluntary or involuntary change of the approved master development plan shall require the approval of the city council. An application for an amendment to the master development plan shall be submitted and processed in accordance with the requirements of subsection (7). The director of the department of development services or designee shall determine whether a proposed amendment is significant, considering the impacts on facilities and services, compatibility with other development depicted on the master development plan and on surrounding development and other factors he or she considers relevant.

An increase in the density or intensity of development shall be considered significant and shall require an amendment to the master development plan. The following changes may be determined not to be significant changes requiring an amendment to the approved master development plan:

a.

A decrease in the number of dwelling units by no more than ten (10) percent in any pod shown on the master development plan.

b.

An increase in the amount of open space or recreation area by no more than ten (10) percent, or an increase necessary for a community park, school or regional sports facility.

c.

A change in the amount of acreage of lakes, that does not exceed five (5) percent of the total acreage of lakes shown on the master development plan.

d.

The realignment or modification of roadways inside a PUD if, following review and comment of the city police department, public works and services department and utilities department, the director determines that such change does not materially affect the safety or lower the level of service of the affected roadways or the intersections with adjacent public roadways.

e.

A change in the acreage of any development pod shown on the master development plan, that does not exceed ten (10) percent of the acreage of that pod as shown on the master development plan, so long as the increase is offset by an equivalent change in the acreage of the remaining pod(s).

f.

The addition of no more than ten (10) acres to the PUD master plan, under either of the following conditions:

1.

If the additional acreage is used for open space, park and/or public school uses, and is not offset by a decrease in such uses in the existing PUD master plan; or

2.

If the additional acreage is used for any other non-residential use, such as commercial, institutional, and/or industrial uses, and is recommended for approval by the development services director or designee, the DRC and the local planning agency. If not recommended for approval, a change as provided for in this subsection (8)f.2. shall be considered significant and shall require city council approval.

(9)

Site plan approval. After city council approval of the master development plan, each portion of the master development plan that is prepared for development and for which a building permit is sought shall be submitted for approval to the local planning agency. The local planning agency shall review and make recommendations to the city council relative to the application's conformance to the approved master development plan. Such site plan shall fully comply with the standards and requirements set forth in section 30-47 of the Code.

(10)

Development in accordance with approved site plan. A detailed site plan denoting overall development consistent with the approved master development plan as finally approved by the city council shall be filed with the development services director or designee, prior to the issuance of any and all building permits and all development shall be in accordance therewith unless otherwise modified and/or amended by the city council, pursuant to recommendations of the local planning agency, and compliance with the Code's requirements for modifications to an approved site plan.

(11)

Time limit for filing of site plan and requesting building permits. A site plan shall be filed within one (1) year after the date of the approved master development plan, except as follows:

a.

The city council may grant up to two (2) six-month extensions of such time period, provided the applicant requests, in writing, an extension prior to the date of the expiration of the master development plan.

b.

The extension shall be approved if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

c.

If an extension is not sought or granted and the master development plan approval has expired, the master development plan approval shall be null and void.

(12)

Bonding of financial guarantee. Prior to the issuance of any and all building permits, the person or firm proposing development shall deposit with the development services department a cash bond, surety bond, irrevocable letter of credit, certified check or time-deposit bond in an amount equal to one hundred ten (110) percent of the estimated cost of any and all improvements which may be required within dedicated rights-of-way or public facility easements to insure the placing thereof.

(13)

Dedication of public lands. Prior to the issuance of a building permit for development within an approved site plan, the city may require the applicant to dedicate to the city all public properties designated on that phase of the master plan, including streets, walks, parks, playgrounds, waterways, school sites, etc., contained within the area for which the building permit is sought, unless such lands are required to be dedicated by statute to another governmental agency or are part of an approved maintenance plan as set forth in chapter 25, article V.

(Ord. No. 66-04-4, 5-16-66; Ord. No. 74-07-38, § 1, 8-5-74; Ord. No. 75-04-22, § 1, 5-6-75; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2005-06-22, § 3, 7-5-05; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

Applicability. All requests for development shall be accompanied by a site plan delineating development or areas where individual uses shall take place in or about an existing structure. Such site plan shall be reviewed by the development services department, the DRC and approved by the city council concurrently with the requested application for development. In no event shall a site plan be reviewed by the city council until it has been reviewed for substantial conformance with chapter 32 of the Code, including, but not limited to, the Miami-Dade County Urban Design Manual, a copy of which shall be maintained in the development services department. The site plan shall contain, or be accompanied by the following:

(1)

A letter of intent from the applicant or the applicant's representative demonstrating in detail how the site plan substantially conforms to the Miami-Dade County Urban Design Manual and other design requirements set forth in chapter 32 of the Code.

(2)

A report from the city's urban designer indicating whether or not the site plan complies with the Miami-Dade County Urban Design Manual. For commercial developments the city's urban designer shall include a statement in the report indicating whether the site plan complies with the commercial design standards included in the city's code of ordinances and all attachments herein.

(3)

A technical site plan drawn to a scale of not less than one (1) inch equals sixty (60) feet, containing the following data:

a.

Name and address of the applicant, and all persons owning the property proposed to be used;

b.

Location of property, in the form of a vicinity map showing adjacent properties and specifically describing the existing, zoned, and planned uses for a distance of one thousand (1,000) feet, including location of all water bodies and roads, subdivision names, parcel lines, and any other information that reasonably may be required by staff;

c.

Legal description of the property;

d.

The property dimensions;

e.

Topography, unless otherwise shown on the survey;

f.

Landscaping, including location, type, and proposed disposition of existing trees;

g.

All access points, including, but not limited to, driveways;

h.

Accessibility for firefighting apparatus including turning radii in drive aisles and parking areas;

i.

Signs including their location, size and height;

j.

Loading, including the location, dimensions, number of berths, internal circulation and means of accessibility to structure or use served;

k.

Outdoor lighting, including the location, general nature, and hooding devices, if any;

l.

Location and width of all existing and planned roads;

m.

Location of garbage and trash collection areas, including access ways and dimensions showing accessibility;

n.

Such other data or information as may be required by the development services department;

o.

For any submission for the development of un-platted PUD lands that require a detailed site plan submission, the fee therefore shall be set by resolution of the city council.

p.

For any submissions for commercial development all applicants shall submit elevations, including, but not limited to, details for facades, window treatments, doors, awnings, building design treatments, construction and building materials, and any other pertinent information.

(4)

The applicant shall submit a written statement as to whether public lands are proposed on the site. If public lands are proposed on the site, then the applicant shall convey fee simple title to such public lands to the city within sixty (60) days of development approval (unless the development approval states otherwise). Said conveyance shall be made in accordance with chapter 25 of the City Code.

(5)

The applicant shall submit a timeline for development.

(b)

PUD master development plan review. Applicants are encouraged but not required to submit a PUD master plan (subsection 30-46(7)) for urban design review. The process for the voluntary review of a PUD master plan shall be the same as set forth in subsections (a), (a)(1) and (a)(2). The applicant need not submit a technical site plan as set forth in subsection (a)(3), but shall provide the urban designer all information required for review of the PUD master plan as set forth in section 30-46. If the applicant desires to use the voluntary urban design review of a PUD master plan as the basis for an administrative variance as set forth in section 30-54, the PUD master plan must show sufficient detail to demonstrate a need for the administrative variance requested, and the city's urban designer may request additional information if needed to make his or her determination. The applicant still must submit individual site plans for urban design review of development within individual pods of a PUD, even if the PUD master plan has undergone urban design review.

(c)

Administrative site plan requirements and review.

(1)

For development outside of a PUD, the following site plan applications may be reviewed and approved administratively by the director of the department of development services (the "director") or designee, pursuant to the standards set forth in subsection (a) of this section. In granting such approvals an administrative site plan application, the director or designee may require the application to be reviewed by the development review committee:

a.

One (1) dwelling unit. An applicant requiring application approval for a special exception, variance, or re-zoning may request that the site plan application be reviewed and approved administratively by the director or designee. The director or designee may review and approve the site plan, if it results in the construction of one (1) single-family residential dwelling unit.

b.

As of right development. The director or designee may review and approve a site plan, where the proposed development does not require a special exception, variance, or re-zoning, and:

1.

Where the development is non-residential ; or

2.

Where the development is residential and involves five (5) or fewer single family units.

c.

Bonafide agricultural use. The director or designee may review and approve any structure primarily used for a bona fide agricultural use. This administrative review shall only apply if the property upon which said structure shall be constructed is classified as agricultural by the Miami-Dade County property appraiser.

d.

Accessory structures. The director or designee may review and approve accessory structures, such as a residential fence, swimming pool, or storage shed. The director or designee shall determine whether a particular accessory structure qualifies for this administrative review.

e.

Multi-family and mixed-use residential. The director or designee shall review and approve a site plan, where the proposed development is authorized pursuant to Chapter 2023-17, Laws of Florida ("Live Local Act"), and no further action by the city is required if the proposed development satisfies the land development regulations for multi-family developments in areas zoned for such use and is otherwise consistent with the city's comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use.

(2)

Administrative site plan decision. Upon receipt of all necessary information, as set forth in subsection (a) of this section, the director or designee shall review the information submitted by the applicant, prepare a staff report analyzing the requested administrative site plan application pursuant to the standards set forth in subsection (a) of this section, and render a decision either approving, approving with conditions or denying the administrative site plan application.

a.

Approval administrative site plan. If the director or designee decides to approve the administrative site plan application, or approve the administrative site plan application with conditions, the director or designee shall give the applicant written notice of the director or designee's intent to either approve the administrative site plan application, or approve the administrative site plan application with conditions. Thereafter, the city shall provide written notice to adjacent property owners of its intent to either approve the administrative variance application, or approve the administrative site plan application with conditions. For the purpose of this subsection "adjacent property owners" shall be considered all property owners that share a common boundary line with the property subject to the application, and shall include residents of the property subject to the application. Notice of the director or designee's intent to either approve the administrative site plan application, or approve the administrative site plan application with conditions and notice of a public hearing on an application for administrative site plan, if applicable, shall be given by mailed notice to all adjacent property owners, via certified mail. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way. The property owners required to be provided notice by this subsection shall be confirmed using a certified copy of the most up-to-date version of the county tax roll. The applicant shall be responsible for all costs related to the preparation and mailing of notices required by this subsection.

Within thirty (30) days of the mailing of the required notice of the director or designee's intent to approve the requested administrative site plan application or approve the administrative site plan application with conditions, a public hearing before the city council on the administrative site plan may be requested in writing to the director, by the applicant or by an adjacent property owner. The required notice of intent of the director or designee's intent to approve the administrative site plan application or approve the administrative variance application with conditions, shall include a statement providing applicable details and information concerning the requisite time period for requesting a public hearing appealing the director or designee's decision. If a public hearing is not requested in accordance with this subsection, the director or designee shall issue a final notice of approval to the applicant, approving, or approving with conditions, the administrative site plan. The final notice of approval shall be filed with the city clerk. Within ten (10) working days of the filing of the final notice of approval with the city clerk, the clerk shall record a certified copy of the notice of approval in the public records of the Miami-Dade County, Florida, at the applicant's sole cost and expense.

b.

Denial of administrative site plan. If the director or designee decides to deny an administrative site plan, the director or designee shall mail, by certified mail, written notice of his or her decision denying the administrative site plan application to the applicant. The notice shall include a statement of the requisite time-period for filing of an appeal.

Within thirty (30) days of the mailing of the notice, a public hearing before the city council on the director or designee's denial of the administrative site plan application may be requested by the applicant in writing to the director or designee.

c.

A public hearing before the city council concerning an administrative site plan application shall be noticed in accordance with subsection (2)(a.) of this section and conducted as follows:

1.

If a public hearing is requested, it shall be scheduled for the first available city council meeting upon completion of the director or designee's evaluation of the application for hearing, or such time as is mutually agreed upon between the applicant and the director, allowing for adequate time for satisfaction of public notice requirements. The city shall be responsible for providing notice of the hearing in accordance with the provisions of subsection (2)(a.) at the sole cost and expense of the applicant. The city council shall conduct a quasi-judicial public hearing in accordance with the procedures established in chapter 2 of the Code, as may be amended.

2.

At the public hearing, the city council shall consider the application, the relevant support materials, the development review committee's and director's recommendations, and testimony given at the hearing. If at any time during the public hearing the city council determines that the application is based upon incomplete or inaccurate information or misstatements of fact, it may deny the application or refer the application back to the development review committee and director of development services for further review and revised recommendations.

3.

At the close of the public hearing, the city council shall approve, approve with conditions, or deny the application by resolution, based on the standards in this section. The resolution shall be filed with the city clerk. The city clerk shall record a certified copy of the resolution in the public records of the county at the applicant's sole cost and expense.

The applicant, and adjacent property owners of the property subject to the proposed administrative site plan may appeal the decision of the city council by filing a petition for writ of certiorari in the circuit court in and for the county, in accordance with the procedure provided by the Florida Rules of Civil Procedure and the Florida Rules of Appellate Procedure.

(4)

Changes to approved administrative site plan.

a.

An application for an amendment to an approved administrative site plan shall be reviewed in accordance with the standards and procedures set forth in subsection (c) of this section.

(5)

Time limit for construction. Each development shall be under construction within one (1) year after the date of the approved administrative site plan, except as follows:

a.

The director or designee may grant up to two (2) twelve-month extensions of such time period. An application for extension shall be filed with the director of development services or designee no later than ninety (90) days prior to the date of expiration of the approved administrative site plan. All outstanding fees related to the initial application for administrative site plan approval and/or development order approval must be paid in full to the city prior to filing an application for any such extension.

b.

The extension shall be approved if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

c.

If an extension is not sought or granted and the administrative site plan approval has expired, the administrative site plan approval shall be null and void.

d.

An extension of an administrative site plan approval shall not be granted unless the applicant has satisfied concurrency requirements, in accordance with subsection 1.5-6(c) of the Code.

e.

An application for the extension of an administrative site plan approval which has expired prior to the effective date of this section may be filed within one-hundred eighty (180) days of the effective date of this subsection.

(d)

Changes to the approved site plan. Changes to the approved site plan shall be permitted only under the following circumstances:

(1)

An application for an amendment to the site plan shall be submitted to the director of the department of development services. The director shall determine whether the proposed amendment is minor or significant.

(2)

Minor changes may be approved by the director of the department of development services upon determining that the proposed revision(s) will not alter the basic design, will not violate minimum code requirements, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

a.

Change in building size, up to five (5) percent in total floor area.

b.

Relocation of buildings or other structures by no more than ten (10) feet.

c.

Replacement of plant materials specified in the landscape plan with comparable materials of an equal or comparable size, provided that the changes reflect an upgrading to the original approved plan.

d.

Changes in floor plans which do not alter the character of the use or require an increase in parking requirements.

e.

Engineering revisions (drainage, water, sewer, etc.) of a technical nature that do not impact any other aspects of the approved plans.

(3)

A proposed change that is not determined by the director of the department of development services to be minor shall be submitted as a site plan amendment and shall be reviewed in the same manner as the original application.

(e)

Time limit for construction. Each development shall be under construction within one (1) year after the date of the approved site plan, except as follows:

(1)

The city council may grant up to two (2) twelve-month extensions of such time period. An application for extension shall be filed with the director of development services no later than ninety (90) days prior to the date of expiration of the site plan. All outstanding fees related to the initial development order approval must be paid in full to the city prior to filing an application for any such extension.

(2)

The extension shall be approved if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

(3)

If an extension is not sought or granted and the site plan approval has expired, the site plan approval shall be null and void.

(4)

An extension of site plan approval shall not be granted unless the applicant has an effective certificate of concurrency compliance, in accordance with subsection 1.5-6 (c) of the Code.

(5)

An application for the extension of a site plan which has expired prior to the effective date of this section may be filed within one-hundred eighty (180) days of the effective date of this section.

(Ord. No. 81-09-56, 10-5-81; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2003-06-24, § 4, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2005-06-22, § 3, 7-5-05; Ord. No. 2006-08-34, § 2, 8-7-06; Ord. No. 2008-10-31, § 3, 10-6-08; Ord. No. 2022-04-08, § 2, 4-27-22; Ord. No. 2023-06-16, § 2, 6-21-23)

(a)

Public hearing and notice procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. § 163.3184(15) for a change to the city's adopted Future Land Use Map, and F.S. § 166.041 for adoption of ordinances and resolutions, and the city's quasi-judicial legislation in chapter 2, as may be amended. When an application for a re-zoning or change in zoning regulations is filed, and where required by the Code, after DRC review is completed, the item shall be set for public hearing before the local planning agency at least thirty (30) days after the DRC's first review. The city manager may authorize a different time frame for non-residential applications which he or she deems important to the economic development of the city. After local planning agency review and recommendation, the item shall be promptly placed on the next available agenda of a city council meeting.

(1)

Notice requirements for such local planning agency meetings. Notice of the time and place of any local planning agency meeting (where quasi-judicial items will be considered), including a description of the nature of the application and location of the property, shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation in the city.

(2)

Notice requirements for such city council meetings. Notice of the time and place of any city council meeting (where quasi-judicial or legislative items will be considered for adoption by ordinance), and a description of the nature of the application and location of the property, if applicable, shall be published in a newspaper of general circulation in the city not less then ten (10) days prior to adoption by the city council. However, notice of the transmittal or adoption of the comprehensive plan amendments, of the adoption of changes to the actual list of permitted, conditional, or prohibited uses within a zoning category, or of city-initiated changes to the actual zoning map designation of a parcel or parcels of land, shall be as provided by F.S. ch. 163 and 166.

(3)

Courtesy notice. A courtesy notice containing substantially the same information set forth in the published notice may be mailed to the property owners of record including any registered Homeowner Association(s) where a portion of the subdivision is located within a radius of five hundred (500) feet of the property described in the application or such greater distance as the director of development services may prescribe. The failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this chapter.

(4)

Posting. The property shall be posted by the applicant no later than seven (7) days prior to the first city council hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the application including, but not limited to, the applied for action and the time and place of the adoption hearing. The director may develop standards for the size, placement and type of sign to be posted, ensuring that the sign is legible from the nearest public right-of-way. The applicant shall remove such posting within ten (10) days following the council's approval or denial of the application or due to the applicant's withdrawal of the application.

(5)

Advertising costs. All costs of advertising, mailing and posting shall be borne by the applicant. For the purpose of the local planning agency and city council meeting advertisements as set forth above, the applicant shall pay for a pro-rata share of the advertisement cost for each item submitted for review with any other applicant on the same agenda.

(b)

Deferred agenda items. Hearings on agenda items may be deferred or continued by the local planning agency or city council to a meeting date certain. The city council may waive further notice except as provided for by state statute.

(Ord. No. 86-04-18, § 1, 5-5-86; Ord. No. 89-10-87, § 5, 11-6-89; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2004-10-41, § 4, 10-18-04; Ord. No. 2015-09-08, § 2, 9-24-15; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

There shall be paid to the development services department for the processing of each and every application for a zoning change, variance or otherwise a fee as established in section 30-51.

(b)

Additionally, the applicant shall pay supplemental fees to the city in accordance with the cost recovery provisions of section 2-500 of the City Code.

(Ord. No. 00-09-33, § 1, 11-2-00; Ord. No. 2004-11-44, § 1, 11-15-04)

Incentives concerning all zoning districts may be considered by the city council provided the owner or developer satisfactorily explains his request in detail and the benefits enhance the district or the project.

(Ord. No. 73-10-46, § XXVIII, 12-18-73; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

Fees for public hearings are as herein set forth:

Alcoholic beverage matters:

(1)

Certificate of use .....$750.00

(2)

Waiver (hours, distance (each)) .....1,000.00

Amend comprehensive plan:

(1)

Small scale amendment .....3,000.00

(2)

Non-small scale amendment .....6,000.00

Annexation:

Minimum fee .....500.00

Petition for closing roads and/or alleys .....500.00

Platting with lots:

(1)

Preliminary plat .....750.00

a.

Per lot .....50.00
(additional)

(2)

Final plat .....500.00

a.

Per lot above 20 .....20.00
(additional)

Platting without lots (for roads or other infrastructure only):

(1)

Preliminary plat .....1,000.00

(2)

Final plat .....750.00

Waiver of plat:

Minimum fee .....1,000.00 plus $50.00 per lot

Rezoning:

(1)

One-family district (A-1, A-2 and R-1).

a.

Four hundred dollars ($400.00) if less than one (1) acre.

b.

Eight hundred dollars ($800.00) if one (1) acre or greater.

(2)

One- or two-family district (R-2).

a.

Five hundred dollars ($500.00) if less than one (1) acre.

b.

One thousand dollars ($1,000.00) if one (1) acre or greater.

(3)

Townhouse, Cluster House and Multiple Apartment District (R-TH, R-CH and R-3): Six hundred dollars ($600.00) plus ten cents ($0.10) for every ten (10) square feet of total land area

(4)

Commercial and industrial districts: Six hundred dollars ($600.00) plus ten cents ($0.10) for every ten (10) square feet of total land area.

(5)

PUD: Minimum One thousand five hundred dollars ($1,500.00) plus ten cents ($0.10) for every ten (10) square feet of total land area.

Site plan review:

(1)

Minimum fee (requiring no public hearing) .....$500.00

(2)

Requiring public hearing .....1,000.00

Special exception:

Minimum fee

(1)

Seven hundred dollars ($700.00) plus two hundred fifty dollars ($250.00) for each additional special exception item.

Variance(s):

(1)

For one-family and two-family districts (A-1, A-2, R-1 and R-2): Five hundred dollars ($500.00) plus one hundred dollars ($100.00) for each additional variance.

(2)

For signs, fences, and walls in all other districts: Five hundred dollars ($500.00) plus fifty dollars ($50.00) for each additional variance.

(3)

For all other sections of the zoning code in all other districts: Sevenu hundred fifty dollars ($750.00) plus one hundred dollars ($100.00) for each additional variance.

(4)

Administrative variances (each) .....400.00

(5)

Administrative variances on urban design (each) .....600.00

PUD master plan review:

(1)

Sketch plan .....1,000.00

(2)

Master plan .....2,000.00

Public hearing not listed herein: .....500.00

(b)

Additionally:

(1)

All fees shall be doubled if public hearing is requested after property is in violation.

(2)

Public hearing fees are nonrefundable.

(3)

Additional fees for submittal after deadline:

a.

One and two-family district: Two hundred fifty dollars ($250.00).

b.

All other districts: Four hundred fifty dollars ($450.00).

(4)

Deferral of application:

a.

At applicants request (based on when request for deferral is received):

Twenty-one (21) days before meeting: Twenty (20) percent of application fee, plus the cost of readvertising.

Fourteen (14) days before meeting: Forty (40) percent of application fee, plus the cost of readvertising.

Seven (7) days before meeting: Sixty (60) percent of application fee, plus the cost of readvertising.

Within six (6) days of meeting: Eighty (80) percent of application fee, plus the cost of readvertising.

b.

Deferral of application at board or staff request: No fee.

(5)

Extension of duration of variance: No fee.

(6)

In addition to all fees listed above, applicants must pay for all costs of providing notice, including all mailing and publication costs.

(7)

Further, the applicant shall pay supplemental fees to the city in accordance with the cost recovery provisions of section 2-500 of the City Code.

(Code 1975, § 47-31; Ord. No. 86-04-20, § 1, 5-5-86; Ord. No. 89-02-10, §§ 1, 2, 2-20-89; Ord. No. 90-11-84, § 1, 12-3-90; Ord. No. 94-09-91, § 1(Exh. A), 10-3-94; Ord. No. 95-09-66, §§ 1, 2, 9-18-95; Ord. No. 96-03-11, § 4, 3-18-96; Ord. No. 96-11-65, § 2, 11-18-96; Ord. No. 00-09-33, § 1, 11-02-00; Ord. No. 2003-06-23, § 18, 6-23-03; Ord. No. 2004-11-44, § 2, 11-15-04)

Cross reference— Subdivisions, Ch. 25; comprehensive plan, Ch. 9.

(a)

The building and zoning department of the city may approve for reconstruction certain lots within the city that fail to meet the requirements of current zoning setbacks, minimum lot size, maximum lot coverage, minimum floor area requirements and/or an incorrect zoning (an R-1 use in a B-1 zone) (assuming all other requirements of building and zoning are met) under the following conditions:

(1)

The original structure on the property shall have been constructed prior to the adoption of zoning regulations that make the property nonconforming in its present condition;

(2)

The properties to be reconstructed shall be owner-occupied and the applicants for the reconstruction shall issue an affidavit to the city and to the appropriate funding agency, if required, that they shall occupy the property as their primary residence once reconstruction has been completed; or the properties to be reconstructed shall have been purchased by a public agency or nonprofit organization for reconstruction of residential housing on said minimum size property and public funds shall be used in said reconstruction, and said residential property, when completed, shall be sold and not leased. The applicant for construction under this provision shall issue an affidavit to the city that they are either a public agency or not-for-profit corporation, public funds are being used for the reconstruction and the properties shall be sold for single-family ownership upon reconstruction. This section, in addition to reconstructed properties, shall include vacant lots purchased by any public agency or nonprofit organization for reconstruction of residential housing in the Homestead Community Redevelopment Area defined by the Homestead Community Redevelopment Agency in the City of Homestead to the same extent as if said vacant lot had previously held a single-family residential home on a minimum size property;

(3)

That the reconstruction and/or repair or renovation does not increase the size of the improvements on the nonconforming property in an amount of square footage greater than an increase of five (5) percent over the previously existing structure as verified by submittal of a survey;

(4)

That where concrete slabs and foundations are still existing on said property that the improvements constructed on the property shall conform to the size of said slab or foundation existing on the property;

(5)

If a current structure on an affected property needs to be demolished, it shall be rebuilt on the same existing slab and to the guidelines for increases in size as set forth above.

(b)

Should the conditions of subsection (a) above be met, a building permit for said property may be approved without the necessity of a public hearing before the city council to allow such nonconforming use.

(c)

This section shall be in effect for a period of one (1) year from its date of adoption [January 16, 1996] and shall be reviewed annually to determine whether or not funding sources are available and/or properties in need of the extension of this section.

(d)

Should a property have been previously built over two (2) existing lots, then these lots may be divided into two (2) separate building lots for purposes of reconstruction.

(Ord. No. 94-08-71, §§ 1—3, 5, 9-6-94; Ord. No. 94-10-99, § 1, 10-17-94; Ord. No. 95-12-83, § 1, 1-16-96; Ord. No. 97-09-30, § 1, 9-15-97; Ord. No. 2007-03-07, § 20, 3-5-07; Ord. No. 2022-04-08, § 2, 4-27-22)

(a)

Notwithstanding any other provision of this chapter, in all residential zoning districts, all commercial zoning districts, and in PUD, upon application duly made, the director of the development services department, may, by administrative decision, approve any "non-use variance" request. For the purposes of this subsection, a "non-use variance," as defined in section 30-1 of the Code may involve matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question.

(b)

Requests varying setbacks, spacing, and lot coverage requirements from those specified in the zoning regulations may only be approved providing that they have not already been varied previously for the same property.

(c)

An administrative variance granted pursuant to this section shall not exceed the following:

(1)

The setback required is not reduced below fifty (50) percent of that normally required.

(2)

The lot coverage is not increased by more than twenty (20) percent of that normally permitted.

(3)

The spacing requirement between principal and accessory buildings is not reduced below fifty (50) percent of that normally required.

(4)

The setback requirements for screened enclosures, tennis courts, swimming pools and other accessory structures or uses provided the required setback is not reduced below fifty (50) percent of that normally required.

(d)

An application for administrative variance shall be made by any person authorized by section 30-43 of the Code on a form prescribed by the department of development services. The application shall include an accurately dimensioned site plan or site sketch showing the existing structures on the subject property, the location of the proposed development, and the general location and use of existing structures on the adjacent property to the property on which the variance is being requested. The application shall include a letter of intent explaining the reason and justification for the requested administrative variance.

(e)

For each administrative variance application, the development review committee shall make a recommendation to the director of development services for approval, approval with conditions or denial of the administrative variance application. The director shall advise the applicant of the development review committee's recommendation and any steps necessary to comply with this chapter, and mail a copy of the recommendation to the applicant within fifteen (15) working days after the development review committee meeting. An applicant shall be provided fifteen (15) working days to satisfy any requirement without returning to a subsequent development review committee meeting.

(f)

In granting the administrative variance, the director of the development services department shall find:

(1)

That the variance will be in harmony with the general appearance and character of the community.

(2)

That the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(3)

That the proposed variance 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 his land.

(g)

In granting administrative variances pursuant to this section, the director of development services may prescribe any appropriate conditions and safeguards he or she finds necessary to protect and further the interest of the area and nearby properties, which may include but are not limited to the following:

(1)

Placement of landscape materials, walls, and fences as required buffering;

(2)

Modification of the orientation of any access points;

(3)

Modification of the site configuration.

(h)

Upon receipt of the application for an administrative variance, the director of the development services department prior to making any decision, shall inspect, or shall have a staff member of his or her department inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed variance will have on the area.

(i)

Upon receipt of all necessary information, the director of the development services department (the "director" or designee) shall review the information, prepare a staff report analyzing the requested variance pursuant to the standards of this section, and render a decision either approving, approving with conditions or denying the administrative variance application. If the director or designee decides to approve the administrative variance application, or approve the administrative variance application with conditions, the director or designee shall give the applicant written notice of the director or designee's intent to either approve the administrative variance application, or approve the administrative variance application with conditions. Thereafter, the city shall provide written notice to adjacent property owners of its intent to either approve the administrative variance application, or approve the administrative variance application with conditions. For the purpose of this subsection "adjacent property owners" shall be considered all property owners that share a common boundary line with the property subject to the application, and shall include residents of the property subject to the application. Notice of the director or designee's intent to either approve the administrative variance application, or approve the administrative variance application with conditions and notice of a public hearing on an application for administrative variance, if applicable, shall be given by mailed notice to all adjacent property owners, via certified mail. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way. The property owners required to be provided notice by this subsection shall be confirmed using a certified copy of the most up-to-date version of the county tax roll. The applicant shall be responsible for all costs related to the preparation and mailing of notices required by this subsection.

(j)

Public hearing. Within thirty (30) days of the mailing of the required notice of the director or designee's intent to approve the requested administrative variance application or approve the administrative variance application with conditions, a public hearing before the city council on the administrative variance may be requested in writing to the director, by the applicant or by an adjacent property owner. The required notice of intent of the director or designee's intent to approve the administrative variance application or approve the administrative variance application with conditions, shall include a statement providing applicable details and information concerning the requisite time period for requesting a public hearing appealing the director or designee's decision. If a public hearing is not requested in accordance with this subsection, the director or designee shall issue a final notice of approval to the applicant, approving, or approving with conditions, the administrative variance. The final notice of approval shall be filed with the city clerk. Within ten (10) working days of the filing of the final notice of approval with the city clerk, the clerk shall record a certified copy of the notice of approval in the public records of the Miami-Dade County, Florida, at the applicant's sole cost and expense.

(k)

If the director or designee decides to deny the administrative variance application, the director or designee shall mail, by certified mail, written notice of his or her intent to deny the administrative variance application to the applicant. Within thirty (30) days of the mailing of the notice of the director or designee's intent to deny the administrative variance application, a public hearing before the city council on the administrative variance application may be requested in writing to the director or designee. The required notice of intent of the director or designee's intent to deny the administrative variance application shall include a statement providing applicable details and information concerning the requisite time period for requesting a public hearing appealing the director or designee's decision.

(l)

A public hearing before the city council concerning an administrative variance application shall be noticed in accordance with subsection (i) of this section and conducted as follows:

(1)

If a public hearing is requested, it shall be scheduled for the first available city council meeting upon completion of the director or designee's evaluation of the application for hearing, or such time as is mutually agreed upon between the applicant and the director, allowing for adequate time for satisfaction of public notice requirements. The city shall be responsible for providing notice of the hearing in accordance with the provisions of subsection (i) at the sole cost and expense of the applicant. The city council shall conduct a quasi-judicial public hearing in accordance with the procedures established in chapter 2 of the Code, as may be amended.

(2)

At the public hearing, the city council shall consider the application, the relevant support materials, the development review committee's and director's recommendations, and testimony given at the hearing. If at any time during the public hearing the city council determines that the application is based upon incomplete or inaccurate information or misstatements of fact, it may deny the application or refer the application back to the development review committee and director of development services for further review and revised recommendations.

(3)

At the close of the public hearing, the city council shall approve, approve with conditions, or deny the application by resolution, based on the standards in this section. The resolution shall be filed with the city clerk. The city clerk shall record a certified copy of the resolution in the public records of the county at the applicant's sole cost and expense.

(m)

The applicant, and adjacent property owners of the property subject to the proposed administrative variance may appeal the decision of the city council by filing a petition for writ of certiorari in the circuit court in and for the county, in accordance with the procedure provided by the Florida Rules of Civil Procedure and the Florida Rules of Appellate Procedure.

(Ord. No. 96-03-11, §§ 1—3, 3-18-96; Ord. No. 96-11-65, § 1, 11-18-96; Ord. No. 2003-06-23, § 19, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2004-10-41, § 4, 10-18-04; Ord. No. 2010-09-26, § 2, 9-22-10; Ord. No. 2022-04-08, § 2, 4-27-22)

In the event that the city's urban designer, having reviewed an application for development as set forth in section 32-9 of the Code, specifically finds that a policy or policies of the urban design manual conflict with the city's land development regulations, the director of the development services department may grant an administrative variance as follows:

(1)

Applicability. An administrative variance may be granted pursuant to this section for properties zoned B-1, B-1A, and B-2, PUD and in all residential zoning districts. An administrative variance pursuant to this section may not be granted where the subject regulation has been previously varied.

(2)

Regulations to be varied. An administrative variance may be granted from the minimum requirements for:

a.

Setback lines;

b.

Frontage;

c.

Height;

d.

Lot size;

e.

Lot coverage;

f.

Lot width;

g.

In the PUD zoning district, the director may grant an administrative variance from the requirement that sixty-five (65) percent of single family detached dwellings must have at least seven thousand five hundred (7,500) square feet of lot area as set forth in section 30-678; and

h.

Building length.

i.

Lot orientation;

j.

Balconies, patios or terraces;

k.

Size, location or appearance standards for on-building signage (Shall only apply to those properties which are within five hundred (500) feet of and directly visible from the Florida Turnpike);

l.

Parking. Parking administrative variances shall only apply to the following properties:

1.

Properties fronting Krome Avenue:

(i)

For those properties which are located between NW/NE 4th Street and SW/SE 4th Street, a reduction or removal of parking standards and requirements may be granted.

(ii)

For those properties which are located between NW/NE 4th Street and NW/NE 11th Street, up to a twenty (20) percent reduction in parking standards and requirements may be granted. If the subject property is located within six hundred (600) feet of a city parking facility, a reduction up to fifty (50) percent may be granted.

(iii)

For those properties which are located between NW/NE 11th Street and the northern city limits, up to a ten (10) percent reduction in parking standards and requirements may be granted. If the subject property is located within six hundred (600) feet of a city parking facility, a reduction up to fifty (50) percent may be granted.

2.

Properties fronting Washington Avenue:

(i)

For those properties located between NW/NE 4th Street and Mowry Drive, a reduction or removal of parking standards and requirements may be granted.

(ii)

For those properties located between NW/NE 4th Street and Campbell Drive, a twenty (20) percent reduction in parking standards and requirements may be granted.

Notwithstanding the foregoing, an administrative variance of lot coverage as set forth in subsection (2)e. above shall not be permitted in the B-1, B-1A, and B-2 zoning districts.

(3)

Procedure. In the written report required pursuant to section 30-47(a)(2), the urban designer shall explain why an administrative variance is warranted and alternatives, if any, which are available to implement the policy or policies of the design manual in question through a design that does not require a variance. The report of the urban designer shall be forwarded to the director of development services, who shall review the report and grant or deny the administrative variance.

(4)

Criteria. The urban designer shall consider and recommend approval or denial of an administrative variance to implement urban design guidelines subject to the following criteria:

a.

The reduction is the minimum reduction necessary in order to satisfy a policy or policies of the urban design manual; and

b.

The reduction in the minimum requirements does not exceed fifty (50) percent.

(5)

Notice of intent to approve administrative variance. The director of development services (the "director") or designee shall review the urban designer's report and prepare a staff report analyzing the variance pursuant to the standards of this section, and render a decision on the requested variance, including any conditions of approval. If the director or designee decides to approve the administrative variance application, the director or designee shall provide the applicant with written notice of the director or designee's intent to approve the administrative variance application or approve the administrative variance application with conditions. Thereafter, the city shall provide written notice to adjacent property owners of its intent to either approve the administrative variance application, or approve the administrative variance application with conditions. Notice of the director or designee's intent to approve the administrative variance application, or approve the administrative variance application with conditions and notice of a public hearing on an application for administrative variance, if applicable, shall be noticed by certified mail, to the applicant and all adjacent property owners. For the purpose of this subsection "adjacent property owners" shall be considered all property owners that share a common boundary line with the property subject to the application, and shall include residents of the property subject to the application. If the property subject to the application is located on a canal or fronts on a public right-of-way, the common boundary shall be considered the midpoint of the canal or right-of-way. The property owners required to be provided notice by this subsection shall be confirmed using a certified copy of the most up-to-date version of the county tax roll. The applicant shall be responsible for all costs related to the preparation and mailing of notices required by this subsection.

(6)

Notice of intent to deny administrative variance. If the director or designee decides to deny the administrative variance application, the director or designee shall mail, by certified mail, written notice of his or her intent to deny the administrative variance application to the applicant. The notice of intent to deny the administrative variance shall include a statement providing applicable details and information concerning the requisite time period for requesting a public hearing appealing the director or designee's decision. Within thirty (30) days of the mailing of the director or designee's notice of intent to deny, the applicant may request a public hearing before the city council on the administrative variance application by submitting its request in writing to the director or designee.

(7)

Public hearing. Within thirty (30) days of the mailing of the required notice of the director or designee's intent to approve the requested administrative variance application or approve the administrative variance application with conditions, a public hearing before the city council on the administrative variance application may be requested in writing to the director by the applicant or an adjacent property owner. The notice of intent to approve the administrative variance application or approve the administrative variance application with conditions shall include a statement providing applicable details and information concerning the requisite time period for requesting a public hearing appealing the director or designee's decision. If a public hearing is not requested in accordance with this subsection, the director or designee shall issue a final notice of approval to the applicant, approving, or approving with conditions, the administrative variance to implement urban design guidelines. The final notice of approval shall be filed with the city clerk. Within ten (10) working days of the filing of the final notice of approval with the city clerk, the clerk shall record a certified copy of the notice of approval in the public records of the Miami-Dade County, Florida,, at the applicant's sole cost and expense.

(8)

A public hearing before the city council regarding an administrative variance to implement urban design guidelines shall be conducted as follows:

1.

If a public hearing is requested, it shall be scheduled for the first available city council meeting upon completion of the director or designee's evaluation of the application for hearing, or such time as is mutually agreed upon between the applicant and the director, allowing for adequate time for satisfaction of public notice requirements. The city shall be responsible for providing notice of the hearing in accordance with the provisions of subsection (i) at the sole cost and expense of the applicant. The city council shall conduct a quasi-judicial public hearing in accordance with the procedures established in chapter 2 of the Code, as may be amended.

2.

At the public hearing, the city council shall consider the application, the relevant support materials, the urban designer's recommendations, and testimony given at the hearing.

3.

At the close of the public hearing, the city council shall approve, approve with conditions, or deny the application by resolution, based on the standards in this section. The resolution shall be filed with the city clerk. The city clerk shall record a certified copy of the resolution in the public records of the county at the applicant's sole cost and expense.

(9)

The applicant, and adjacent property owners of the property subject to the proposed administrative variance may appeal the decision of the city council by filing a petition for writ of certiorari in the circuit court in and for the county, in accordance with the procedure provided by the Florida Rules of Civil Procedure and the Florida Rules of Appellate Procedure.

(10)

Limited to plans reviewed. Any grant of an administrative variance shall be limited to the plans reviewed by the city's urban designer as they may be modified by the city council, and shall not be transferable to a different development project on the same property.

(Ord. No. 2003-06-23, § 20, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2004-10-41, § 4, 10-18-04; Ord. No. 2007-12-43, § 4, 12-3-07; Ord. No. 2010-09-26, § 3, 9-22-10; Ord. No. 2022-04-08, § 2, 4-27-22)

The development review committee shall review all requests for special exceptions, re-zonings, site plans, tentative plats, PUD approvals and variances to determine conformance with the Code's respective criteria for approval of such requests. The development services department shall determine whether any other type of application which may result in development of property requires DRC review. The director of the development services department, in making a determination of whether to require DRC review for any application other than those listed above, shall consider the potential impact of the application on the following:

(1)

Traffic and other public facilities;

(2)

Schools;

(3)

Utilities including but not limited to electric, water and sewer services;

(4)

Sanitation; and

(5)

Fire and police department response times.

(Ord. No. 2003-06-23, § 21, 6-23-03)

In the event that an application for a development approval requires review by the development review committee as set forth in section 30-55, the following review procedure shall be utilized.

The development review committee shall review any such application at least thirty (30) days prior to initial review by the local planning agency or city council, if local planning agency review is not required by the Code. The city manager may authorize a different time frame for non-residential applications which he or she deems important to the economic development of the city. The development review committee shall review each application for conformity with the requisite Code criteria for the application presented. Each member of the development review committee shall be given the opportunity to provide written comments on any application being reviewed.

(Ord. No. 2003-06-23, § 21, 6-23-03; Ord. No. 2004-02-09, § 4, 3-15-04; Ord. No. 2022-04-08, § 2, 4-27-22)

Editor's note— Ord. No. 2003-06-23, §§ 20 and 21, adopted on June 23, 2003, set out provisions for §§ 30-53.1 through 30-55. For purposes of continuity, and with concurrence of the city, these provisions have been included as §§ 30-54—30-56.

(a)

Development services review. Any application resulting in the development of residential units shall be analyzed by the director of development services for its impact on schools serving the city. The director shall supplement any staff report (as defined by section 30-1 of the Code) to include a breakdown of students generated by the proposed development, listing the impact on each affected school.

(b)

Mandatory school board pre-application conference. Applicants for comprehensive plan or zoning map amendments, plats or any other type of approval that would result in the development of twenty (20) or more residential units and that would require payment of Miami-Dade County school impact fees shall have a pre-application conference with the director and school board staff, prior to being scheduled for hearing before the local planning agency or city council.

(c)

Objectives of the pre-application conference with school board staff. The objectives of the pre-application conference are to:

(1)

Assess the proposed development to determine the impact on public schools serving the city; and

(2)

Discuss methods for providing direct mitigation of the impact of residential development on public schools in lieu of paying county school impact fees or voluntary school board contributions.

(d)

Methods of direct school mitigation. Methods for providing direct mitigation for public schools serving the city include, but are not limited to, providing for:

(1)

Dedication of land suitable for development of a school or accessory facilities (e.g. recreational facilities or labs) serving the city to the school board;

(2)

Actual construction of school facilities or expansions to existing school facilities serving the city; or

(3)

Renovation of existing school facilities serving the city.

(e)

School board and city approval required. Any plan for direct mitigation proposed by an applicant shall first be reviewed and approved by the city council, then recommended by the school board and finally approved by the Miami-Dade County director of planning and zoning and shall satisfy any other applicable requirement set forth in Section 33k-9 of the Miami-Dade County Code.

(f)

Direct mitigation development bonus. Any applicant that directs one hundred (100) percent of Miami-Dade County impact fees to public schools serving the city through a direct mitigation agreement as provided for in subsection (d) above, shall be entitled to a reduction in the minimum unit size requirement for residential development as set forth in section 30-398(5) of the Code. Any such bonus shall be conditional upon final approval by the director of the Miami-Dade County Department of Planning and Zoning, as set forth in Section 33k-9 of the Miami-Dade County Code.

(g)

Exemption from pre-application conference. Compliance with the following shall exempt an applicant from the pre-application conference requirements set forth in section 30-56(b).

(1)

Prior conference. Any applicant who has had a section 30-56(b) pre-application conference within the prior two (2) years shall be exempt from further review if no material change has occurred in the development proposed. For example, mitigation review would not be required of an applicant for a plat if a pre-application conference had been held during consideration of the prior site plan in the prior two (2) years, and the amount of units and unit types had not been changed. Staff shall review any request for an exemption and shall determine whether there has been a material change. A material change shall constitute any one of the following:

a.

An increase in residential density from what had been proposed during a prior mitigation review by one or more residential units of any type;

b.

Any change in residential product (e.g. a change from townhouse to single family development); or

c.

An increase or decrease in the size of property undergoing review.

(2)

Participation in an educational facilities benefit district. Any applicant who is a signatory to an interlocal agreement establishing an educational facilities benefit district in the city.

(Ord. No. 2003-06-24, § 5, 6-23-03; Ord. No. 2022-04-08, § 2, 4-27-22)

Editor's note— Ord. No. 2003-06-24, § 5, adopted on June 23, 2003, set out provisions for §§ 30-56. For purposes of continuity, and with concurrence of the city, these provisions have been included as § 30-57.

(a)

Applicability. Any applicant for a development approval under chapters 25 or 30 of the Code that:

(1)

Submitted an application for such approval to the development services department on or before June 23, 2003; or

(2)

Filed an application for development within a PUD (such as, but not limited to, a site plan or plat) where the PUD master plan was applied for on or before June 23, 2003; shall be exempt from those provisions of the Code that were added pursuant to city Ordinance Nos. 2003-06-23 and 2003-06-24. Where applicable, these applications shall be governed by the Code's application procedures and review criteria in effect prior to June 23, 2003 as set forth more fully below.

(b)

Procedure for obtaining exemption.

(1)

In order to claim an exemption from the Code in subsection (a)(1) above, an applicant shall by November 30, 2003, submit a letter to the director of development services seeking such an exemption. The letter shall provide supportive documentation, including, but not limited to copies of correspondence demonstrating the application's submittal on or before June 23, 2003. The director shall either grant or deny the request for the exemption within twenty-one (21) days of receipt. In the event that the director denies the application, the applicant may appeal such decision to the city council within ten (10) days of receipt of the denial.

(2)

For those applicants seeking an exemption pursuant to subsection (a)(2) above, the applicant shall submit a letter requesting an exemption. The letter shall contain supportive documentation demonstrating that the PUD master plan was applied for prior to June 23, 2003 or that the PUD master plan was approved pursuant to an exemption as set forth in this section of the Code. The director shall either grant or deny the request for the exemption within twenty-one (21) days of receipt. In the event that the director denies the application, the applicant may appeal such decision to the city council within ten (10) days of receipt of the denial.

(c)

Applicable sections of the modified Code. For those applicants who qualify for an exemption pursuant to subsection (a) above, only the following sections of the Code as modified by Ordinance Nos. 2003-06-23 and 2003-06-24 shall apply:

(d)

Hold harmless agreement. Prior to being scheduled for a public hearing before the city council, any applicant proceeding under this section shall provide a hold harmless agreement in the event of any third party challenge to proceeding under this section of the Code.

(e)

Conflicts. For the purposes of this section, to the extent that any of the sections above are in conflict with the Code as modified by city Ordinance Nos. 2003-06-23 and 2003-06-24, the sections provided above shall not govern.

(Ord. No. 2003-09-38, § 2, 10-8-2003)

(a)

Purpose and applicability. In order to address actions which may result in violations of federal and state laws, subsequent to implementation of this Code or its related rules, policies, and procedures in advance of costly litigation, zoning relief may be granted pursuant to this section.

(b)

Application. A person or entity shall request relief under this section prior to filing a lawsuit, by completing a zoning relief request form, which is available from the city's department of development services. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(c)

Notice. The city shall display a notice on the city's public notice bulletin board and shall maintain copies of the notice which shall be available for review in the department of development services and the city clerk's office. The notice shall advise the public that a request for zoning relief under a federal or state law is pending. The location, date and time of the public hearing shall be included in the notice. Mailed notice shall also be provided to property owners within three hundred seventy-five (375) feet of the site, if the request for relief is site specific, consistent with the procedure provided in subsection 30-48(a)(3).

(d)

Application and hearing. The director of development services, or his or her designee, shall have the authority to consider and act on requests for zoning relief submitted to the department of development services. A public hearing before the director of development services or designee shall be held within seventy five (75) days of receipt of the request for relief. A written determination shall be issued no later than seven (7) days after the conclusion of the public hearing. The determination may:

(1)

Grant the relief requested,

(2)

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or

(3)

Deny the request.

Any determination shall be final, in writing, and shall state the reasons for the decision. The final written determination shall be sent to the requesting party by certified mail, return receipt requested.

(e)

Additional information. If necessary, prior to the public hearing, the director of development services or designee may request additional information from the requesting party, specifying in sufficient detail what additional information is required. In the event that a request for additional information is made to the requesting party by the director of development services, the seventy-five (75) day time period to schedule a public hearing shall be extended to ninety (90) days to include the time necessary to seek and review the additional information. The requesting party shall have fifteen (15) days after the date the information is requested to provide the needed information. If the requesting party fails to timely respond with the requested additional information, the city shall notify the requesting party and proceed with scheduling a public hearing and issuing its final written determination regarding the relief requested as required in subsection (d).

(f)

Criteria. In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:

(1)

The applicant is a potential claimant under a federal or state law; and

(2)

The applicant believes in good faith that the city through implementation of its Code has intentionally or unintentionally violated federal or state law for the reasons stated in the zoning relief request; and

(3)

The applicant satisfies the standard set forth in the applicable federal or state statute(s), or legal precedent interpreting the applicable statute(s).

(g)

Exhaustion required. Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the city or the applicant. Completion of the zoning relief procedures shall constitute the exhaustion of all administrative remedies available from the city.

(h)

Appeal. Within thirty (30) days after a written determination on a zoning relief request is mailed to the applicant, the applicant may appeal the decision. All appeals shall include a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the city council which shall, after public notice in accordance with subsection (c) and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed.

(i)

Effect while pending. While an application for zoning relief or appeal of a determination of same is pending before the city, the city will not enforce the subject code, rules, policies, and procedures against the applicant, except the city may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(Ord. No. 2013-01-02, § 2, 1-16-13)