It shall be the responsibility of the village manager or his designate to administer and enforce this ordinance. The village manager or building official, as provided by law, shall require information from any applicant for a building permit, or other use permits, that the proposed building, alteration, or use shall meet the requirements of this ordinance. Any permit issued in violation of the provisions of this ordinance shall be subject to revocation by the village manager or building official. The manager shall establish procedures necessary to administrate these regulations, including the collection of fees set forth for such efforts expended both by the village staff as well as others found necessary for such technical review as determined by the village manager.

Such fees shall include at a minimum:

(1)

A land development review application fee for receipt and establishment of a record of the project, and the initiation of the preliminary review process. Said fee shall be enumerated in the building department schedule of fees.

(2)

A land development review fee for the costs of technical support in the review, analysis, discussions, and recommendations regarding an application for development. Such fee shall be for the full amount expended on the review, with an initial amount to be collected prior to further processing of the application following the transmittal of notice from the village of 110 percent of the estimated cost for such review, and a final amount to be exchanged to adjust for any difference between the estimated amount and the actual amount expended.

There shall be an advisory body known as the planning and zoning board (P&ZB) and also known as the local planning agency (LPA), serving as a unified planning commission and zoning board as provided for in the Village Charter, and as the advisory agency required by F.S. ch. 163 for the maintenance of the comprehensive plan and the land development regulations, comprised of the members of village council. The planning and zoning board (P&ZB/LPA) shall have the responsibility to hear applications for amendments to the land development regulations, site plan reviews, variances and appeals applicable for specific proposed developments and to advise the village council as to their opinion of the merits of such requests. The P&ZB shall meet as needed at the request of the village manager and as called by the board chairman, or designate.

(1)

General. Non-use variances from the requirements of the development standards and criteria set forth in article 4, Land and Water Use, may be granted by the village council after a public hearing so long as the requested variance does not change the use, type, intensity or nature of the uses permitted within the zoning district.

(2)

Application. Any owner of a property within the village may seek a variance as provided for in section 1 above by filing an application in the form and substance established by the village manager. Said application shall be accompanied by a detailed site plan, elevation drawings and other design plans required by the village manager to adequately evaluate the request. A fee for such application shall be paid upon submittal of the application in an amount established from time-to-time by the village council. The application shall also include disclosure of interest and a detailed letter of intent describing the request and establishing that all the criteria set forth in section 4 below have been met.

(3)

Public hearing. Upon the submittal of a complete and sufficient application, the village manager shall schedule a quasi-judicial public hearing before the village council on the variance request. Notice of the time, place and purpose of the public hearing shall be mailed to all property owners of record within the village based upon the most recent Miami-Dade County Tax Assessor records. Said notice shall be mailed at least ten days prior to the scheduled public hearing. Failure of any person to receive the mailed notice shall not be grounds for a deferral or divest the village council of jurisdiction to consider the request and make a decision thereon.

(4)

Standard for variances. The standard for the granting of a variance shall be a hardship standard and the applicant must provide substantial competent evidence that each of the following criteria have been satisfied.

(a)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(b)

That the special conditions and circumstances do not result from the actions of the applicant.

(c)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Regulations to other lands, buildings or structures in the same zoning district.

(d)

That literal interpretation of the provisions of the Land Development Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Land Development Regulations and would work an unnecessary and undue hardship on the applicant.

(e)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(f)

That the granting of the variance will be in harmony with the general intent and purpose of the Land Development Regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(5)

Professional staff recommendation. In determining whether the criteria have been met, the village council shall consider the professional recommendation of the village manager or his designee, who shall provide such recommendation in writing prior to the public hearing.

(6)

Decision and appeal. The decision of the village council shall be reflective in a written development order and transmitted to the application as required by law. Any person with standing to appeal the decision of the village council shall timely file the appropriate petition for review in the Miami-Dade County Circuit Court, Appellate Division.

(Ord. No. 180, § 1, 5-7-2007; Ord. No. 2023-232, § 2, 5-30-2023)

The chief of public safety is hereby authorized and designated to provide officers and boats, as available, for the purposes set forth in these regulations. He will coordinate the activities of the village public safety department, in connection with the provisions of these regulations as may be desirable or necessary, with yacht clubs, property owners, other public and private agencies or groups and law enforcement departments. He shall plan for safe havens as are available and, if not public property, obtain the necessary blanket permission for the use thereof from private property owners.