All licenses, Development or building permits or other permits issued by any department, agency or official of the Village for the erection, alteration, demolition or Use of any Building or Structure or part thereof, or for the Use of any land or water, shall comply with these Regulations as follows:

(1)

Approvals in violation of chapter. Unless required by law, no license, approval or permit shall be issued by any department, agency or official of the Village for the Use of any land or Structure or the operation of any business, enterprise, occupation, trade, profession or activity which would involve or constitute a violation of these Regulations.

(2)

Changes, Additions, Rehabilitations and/or Use of Land. The construction of any new Building or Structure, including any change, addition, or rehabilitation, and/or the initiation of any Use of presently unused property, and additions or rehabilitations to existing Buildings or Structures, and a change of Use of any Building, Structure or property, shall conform with these Regulations.

(3)

Additions to an existing Building. Additions to an existing Building shall comply with the provisions of these Zoning and Land Development Regulations.

(4)

Rehabilitation of existing Buildings. The rehabilitation of an existing Building shall comply with the provisions of these Zoning and Land Development Regulations.

(5)

Change of Use for existing Buildings and/or land. Any change of the Use of a Building and/or property shall comply with the provisions of these Zoning and Land Development Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The Village Manager shall assign the responsibility of enforcement and implementation of the provisions of these Regulations to the appropriate departments, officials and employees of the Village.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Variance criteria. Subject to the exceptions stated in subsection (b) of this Section 30-63, a Variance may be granted upon a finding that the desired Variance and the petition in support thereof meet the following criteria:

(1)

The Variance will result in conditions that maintain and are consistent in all material respects with the intent and purpose of these Regulations, and that the general welfare, stability and appearance of the community will be protected and maintained; and

(2)

The Variance will be compatible with the surrounding land Uses, and otherwise consistent with these Regulations and the Comprehensive Plan, and will not be detrimental to the community.

(b)

No Use, Sign and Density Variances. In no instance shall a Variance be granted that permits a Use that is not listed as a Permitted Use in the district in which the property is located, or that changes the Permitted Uses in a District, or that permits an increase in Density that exceeds the maximum permitted Density allowed in the zoning district in which the property is located, or that permits a Sign that doe snot conform to these Regulations.

(c)

Types of Variances. There are three types of Variances that may be granted under these Regulations. These are supervisory Variances, administrative Variances, and regulatory Variances.

(d)

Resolution. The resolution that memorializes the approval of any type of Variance shall be recorded in the public records of Miami-Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits. No building permit shall be issued until proof of recordation has been submitted to the Building, Zoning, and Planning Department.

(e)

Village Attorney opinion for Variance applications. For each Variance application that is considered by the Village Council, the Village Attorney shall provide the Village Council with an opinion as to whether the application is properly submitted and that it does not constitute a change of zoning, or a Use Variance, or Density Variance or Sign Variance.

(f)

Building, Zoning and Planning Director recommendation for Variance applications. The Director of the Building, Zoning and Planning Department shall provide the Village Council with a recommendation for each application that is considered by the Council.

(g)

Time limit. The approval of any type of Variance shall automatically become null and void unless the appropriate Development order as defined in F.S. § 163.3164, building permit, Local Business Tax Receipt, certificate of occupancy or certificate of completion has been issued within 12 months of the date the resolution was executed by the Village Mayor. Requests for an extension of time for a maximum additional 12 months may be considered by the Village Council. Notice requirements for such requests are the same as those that were used for the original application.

(h)

Application forms. The Building, Zoning, and Planning Department shall provide the applicant with the Variance application form.

(i)

Order or notice of violation. When the Building, Zoning, and Planning Director determines that Variance application is complete, prosecution of a violation shall be stayed until the Village Council approves or denies an application that would remedy the violation if approved. If the Building, Zoning and Planning Director determines that a stay would imperil the life or property or otherwise create substantial risk or injury or would amount to a public nuisance, a stay shall not be effective.

(j)

Appeals. An appeal of a decision on a variance made by an official of the Village shall be to the Village Council. Following a public hearing, a majority vote of the Council members in attendance at the meeting is required to reverse or amend a decision of said official. This shall not be applied to conflict with the Village Charter requirement of action by four affirmative votes. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction by petition for certiorari, and within the time frames allowed by the rules of appellate procedures. For purposes of filing an appeal of a decision of the Council, any party who appeared in Writing, orally, or was represented by an attorney, or any party who received Written notice of the hearing from the Village Clerk or the Building, Zoning, and Planning Department, shall be considered as an aggrieved party, subject to judicial rules of standing.

(k)

Consideration of petitions after denial or withdrawal. When Variance application is denied by the Village Council or withdrawn after public notice has been provided, no other application that is substantially the same as the original application shall be filed within one year from the date of denial or withdrawal. This prohibition may be waived by the Village Council by permitting the withdrawal or denial without prejudice. Any subsequent application that provides Setbacks or Parking spaces of an additional ten percent or more of the counts that were provided in the original application, shall be determined to be a new application and not subject to provisions of this paragraph.

(l)

Notification. Whenever notification to property owners is required, the applicant making the request shall submit the following to the Building, Zoning, and Planning Department:

(1)

A list of the names and addresses of all property owners within the notification distance that was required by this article and a letter certifying as to the accuracy and completeness of the list by a Licensed Professional Engineer, Licensed Architect, Licensed Landscaped Architect, Licensed Real Estate Broker, Licensed Real Estate Appraiser, an attorney who is a member of the Florida Bar, a Licensed Land Surveyor, or a Land Planner who is a member of the American Institute of Certified Planners (AICP).

(2)

Two duplicate sets of self adhesive mailing labels containing the names and addressees of property owners indicated on the certified list.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The supervisory Variance procedure shall be used for a Variance from these Regulations, limited to improvements existing at the time of application as opposed to planned construction and involving the following matters exclusively: Setbacks, spacing of Buildings, height of Structures, Maximum Lot Elevation, Floor Area Ratios, Lot Coverage, Pervious Area, and Parking. The supervisory Variance procedures may only be used for applications that receive the approval of the Building, Zoning, and Planning Director and are subject to the following:

(1)

The Building, Zoning and Planning Director shall have the authority to waive up to two feet or ten percent, whichever is less, of the required Setbacks Pervious Area, spacing between Buildings, or Parking; or may permit an additional two feet or ten percent, whichever is less, of Floor Area Ratio, Lot Coverage, Maximum Lot Elevation; or may permit additional height of Structures not exceeding six inches. Applicants are restricted to current property owners.

(2)

The Applicant shall notify each adjacent or abutting Property owner of the application on a form provided by the Village. The Village may not act on or make a decision on the application until at least 15 days after receipt of the documentation needed as part of this subsection.

(3)

For existing construction that has received a certificate of use or certificate of occupancy, the applicant shall provide an affidavit stating the applicant did not construct that portion of the project that encroaches into the required Setback.

(4)

For projects that are under construction and where encroachment into the required Setback has occurred, the applicant shall provide a statement that the encroachment has resulted from an error during construction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21)

(a)

The administrative Variance procedure shall be used for a Variance from these Regulations limited to improvements existing at the time of application as opposed to planned or pending construction and involving the following matters exclusively: Setbacks, spacing of Buildings, height of Structures, Maximum Lot Elevation, Floor Area Ratios, Lot Coverage, Pervious Area, and Parking. The administrative Variance procedures may only be used for applications that receive the approval of the Building, Zoning, and Planning Director. The maximum amount of the waiver is 20 percent of the requirement. Notwithstanding, for height of Structures, the maximum waiver shall be for additional height not exceeding 12 inches.

(b)

An application for an administrative Variance shall be made by the fee owner of the property on a form prescribed by the Building, Zoning and Planning Department and shall be submitted to the Building, Zoning and Planning Department, together with a processing fee that shall be set and may be amended from time to time by the Village Council. The application shall include a survey of the property, an accurately dimensioned Site Plan showing the existing Structures on the subject property, the general location and Use of existing Structures on the Adjacent Properties from which the non-use Variance is being requested and a letter of intent explaining the reason and justification for the non-use Variance. The application shall be accompanied by:

(1)

Confirmation of Applicant's notification to each adjacent or abutting Property Owner of the application on a form provided by the Village. The Village may not act on or make a decision on the application until at least 15 days after receipt of the documentation needed as part of this subsection.

(2)

The Written consent of all utilities and/or Easement holders if the proposed work encroaches into any Easements.

(3)

No other form of public notice is required.

Administrative Variance applications shall not be processed unless and until all the information set forth in this subsection (b) is delivered to the Director of the Building, Zoning and Planning Department.

(c)

Upon receipt of the completed application for the administrative Variance, the Director of the Building, Zoning and Planning Department, prior to making his or her decision, shall inspect or shall have a staff member of the department inspect the subject property and its surrounding properties to determine what impact, if any, the proposed request will have on the area.

(d)

Upon receipt of all necessary information including a staff report, the Director of the Building, Zoning and Planning Department shall review the information and render his or her decision either approving, approving with modifications, or denying the request. A copy of said decision shall be Published and a courtesy notice containing the decision of the Director of the Building, Zoning and Planning Department shall be mailed to adjacent Property owners of record, their tenants or their agents, as noted on the application. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. In granting any administrative Variance, the Director of the Building, Zoning and Planning Department may prescribe any appropriate conditions and safeguards he may feel necessary to protect and further the interest of the area and adjacent Properties.

(e)

The applicant or any aggrieved property owner may appeal the decision of the Director of the Building, Zoning and Planning Department to the Village Council within 15 days from the date the decision is published. A building permit shall not be issued until the appeal period has expired. In the event the Director of the Building, Zoning and Planning Department should determine that the prohibition of issuing a building permit could cause imminent peril to life or property, the Director may permit the issuance of a building permit upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. All appeals hereunder shall be in the form prescribed by the Village Manager and shall include a processing fee which shall be set and amended from time to time by the Village Council.

(f)

A request for judicial review of a decision of the Village Council shall be made in a court of competent jurisdiction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

The Village Council shall have jurisdiction regarding the disposition of Regulatory Variances. The following procedures shall be used in the processing of applications for Regulatory Variances.

(1)

Application forms. The Building, Zoning, and Planning Department shall have the responsibility of assisting applicants in the filing of applications for Regulatory Variances.

(2)

Public notice and hearing requirements. The Village Clerk shall schedule a public hearing pursuant to the procedures set forth in section 30-68. An application for a Regulatory Variance requires one public hearing before the Village Council. All public hearings and meetings of the Council with regard to a Regulatory Variance are open to the general public. Interested parties shall have the right to appear at any meeting or public hearing, personally or by an attorney, and have the right to object or to express favor before the Council. Any interested Person may file their objection or approval In Writing prior to the time the Council makes a decision on the application.

(3)

Vote. Except as provided for in the Village Charter, a majority vote of the members of the Council in attendance is required to deny, approve or approve a request with conditions. Violations of the conditions shall be deemed to be a violation of this article.

(4)

Modification of conditions. Should the applicant request to modify any condition, said request must be approved by the Village Council. Public notice shall be the same as that which was required for the original request.

(5)

Resolution. The Village Council shall memorialize its decision in the form of a resolution or development order. The resolution or development order shall be recorded in the public records of Miami-Dade County and be considered as a covenant running with the land. No building permit, certificate of occupancy, certificate of use, or Local Business Tax Receipt shall be issued until the applicant provides evidence of the recordation. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits.

(6)

Conditions. The Village Council may stipulate reasonable conditions and requirements in granting any application for a Regulatory Variance, when it is found by the Village Council to be necessary to further the purpose of the zoning district or compatibility with the surrounding neighborhood.

(7)

Appeals. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

*Limited to improvements existing at the time of application as opposed to planned or pending construction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

(a)

When an application is filed which requires a public hearing before the Village Council, the Village Clerk shall schedule same and Publish the public notice as set forth below.

(b)

Written recommendations of the Village Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection.

(c)

Notice of the time and place of the public hearing describing the nature of the application and Street address of the property shall be Published not less than ten days prior to the public hearing.

(d)

A courtesy notice containing substantially the same information set forth in the published notice may be mailed to the property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the Village Manager may prescribe; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this section.

(e)

The property shall be posted no later than ten days prior to the 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 zoning action and the time and place of the public hearing.

(f)

All costs of advertising, mailing and posting shall be borne by the applicant.

(g)

Number of required public hearings:

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

The following process shall apply to quasi-judicial actions pending before the Village Council:

(1)

Communications between Village Council and public. All oral and Written communications with the public involving quasi-judicial action pending before the Village Council must take place at the public hearing. Outside of the public hearing, the Council is prohibited from discussing the merits of any matter on which action may be taken by the Council.

(2)

Communications between Council and staff. Written and oral communications between Council members and staff shall be allowed.

(3)

Written communications. In the event that a Council member receives a Written ex-parte communication, the Council member shall immediately submit the Written communication to the staff so that it can be placed in the file and made a part of the record either before or during the public hearing prior to the Council voting on the application.

(4)

Site visits. A Council member may make a site visit regarding a quasi-judicial matter pending before the Council, provided that the existence of the site visit is made part of the record prior to the Council taking final action on the application.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

The Village Council shall hear, decide and rule upon the matters set forth herein.

(b)

Appeal. Any party in interest, aggrieved by an order, decision or interpretation rendered by the pertinent officials of the Village, in the enforcement of the terms and provisions of this chapter may file an appeal with the Building, Zoning, and Planning Director subject to the following:

(1)

The appeal shall be In Writing, specifying the grounds thereof on forms as provided by the Building, Zoning, and Planning Department.

(2)

The appeal shall be filed within 30 days of the date the administrative order, decision, or interpretation is rendered.

(c)

Public notice shall be Published as provided in section 30-68, or in any other manner so authorized by law.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

(a)

Text amendment procedures. The text of these Zoning and Land Development Regulations may be amended in accordance with the following procedures:

(1)

A petition for change of text or zoning district may be submitted to the Building, Zoning and Planning Director by any of the following:

a.

Village Council;

b.

Village Manager;

c.

Village Attorney; or

d.

An owner of property in the Village.

(2)

All petitions shall be on forms provided by the Building, Zoning, and Planning Director.

(3)

A petition filed by a property owner that changes the boundaries of a zoning district or creates a new zoning district shall include documentation that a majority of the owners of the property in said district approve of the petition.

(4)

A petition that results in the designation of a new zoning district shall include a minimum of one acre of land. A petition that expands the boundary of an existing zoning district has no minimum area.

(5)

Public notice shall be Published as provided in section 30-68, or in any other manner so authorized by law.

(b)

Review criteria. In order to approve a text amendment, or change of zoning district the Village Council must find that the petition is consistent with all of the following criteria. The applicant is required to provide a report at the time the petition is filed which includes documentation that the petition is consistent with each of the below criteria:

(1)

The proposed amendment is consistent with the Comprehensive Plan;

(2)

The proposed change will result in Buildings that are consistent in scale and otherwise compatible with those within 300 feet of the site;

(3)

The resulting boundaries of a zoning district are logically drawn;

(4)

The proposed change will enhance property values in the Village;

(5)

The proposed change will enhance the quality of life in the Village; and

(6)

There are substantial and compelling reasons why the proposed change is in the best interests of the Village.

(c)

Conditions. The Village Council may stipulate conditions and requirements in granting any application for a text or district change, when it is found by the Village Council to be necessary to further the purpose of the zoning district or compatibility with the surrounding neighborhood.

(d)

Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

(a)

Background. Certain Uses are listed as Conditional Uses and are permitted in zoning districts subject to the approval of the Village Council. These Uses are considered basically suitable for the districts in which listed, but the character and nature of the Uses are such that they may necessitate controls and safeguards on the manner of establishment and operation, which, by being determined by the Council at public hearing, would better serve the interests of the community and the owners of the property in question.

(b)

Notice. Public notice requirements shall be Published as provided in section 30-68, or in any other manner so authorized by law.

(c)

Criteria. In order to approve a petition for a Conditional Use, the Village Council must find that the application is consistent with all of the below review criteria:

(1)

The Use is consistent with the Comprehensive Plan.

(2)

That the configuration and design of the site will facilitate safe movement of vehicular and pedestrian traffic, both internal to the Use and upon the adjacent roadways that will serve the Use.

(3)

The proposed use shall be consistent with the existing natural environment and community character of the immediate neighborhood of the proposed use;

(4)

That there are adequate Setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust or other potential nuisances.

(5)

That the application of the Use at the subject location is consistent with the purpose of the underlying zoning district.

(6)

Where the proposed conditional use is a package store, the Village Council shall consider the following additional criteria:

a.

The adverse effects that the proposed package store will have upon neighboring properties, with particular attention to the effects of noise, traffic patterns, and glare from exterior lighting or headlights on nearby residential properties.

b.

The amount and degree of law enforcement activities which could reasonably be anticipated to be generated by the proposed package store, both outside and inside, with particular emphasis upon noise, vehicular use by patrons, and vandalism.

c.

Whether the proposed package store makes adequate provision for the elimination of the potential for adverse impact upon adjacent residential areas from hazardous or illegal overflow parking.

d.

The proximity of the proposed package store to schools, parks and places of worship.

(d)

Conditions. The Village Council may stipulate conditions and requirements in granting any application for a Conditional Use, when such condition is found by the Village Council to be necessary to further the purpose of the zoning district or compatibility with the surrounding neighborhood.

(e)

Resolution. The resolution or development order which memorializes the approval of a Conditional Use shall be recorded in the public records of Miami-Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits.

(f)

Recommendation. The Director of the Building, Zoning and Planning Department shall provide the Village Council with a recommendation for each Conditional Use application considered by the Council.

(g)

Time limit. The approval of any type of Conditional Use shall automatically become null and void unless the appropriate Development order as defined in F.S. § 163.3164, building permit, Local Business Tax Receipt, certificate of occupancy or certificate of completion has been issued within 12 months of the date the resolution granting the Conditional Use was executed by the Village Mayor. Requests for an extension of time for a maximum additional 12 months shall be considered by the Village Council. Notice requirements for such requests are the same as those that were used for the original application.

(h)

Application forms. The Building, Zoning, and Planning Department shall provide the applicant with the application form.

(i)

Pending notice of violation. When the Building, Zoning, and Planning Director determines that an application is complete, prosecution of any pending violation shall be stayed until the Village Council approves or denies an application which would remedy the violation. If the Building, Zoning and Planning Director determines that a stay would imperil the life or property or otherwise create substantial risk or injury or would amount to a public nuisance, a stay shall not be effective.

(j)

Appeals. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction, and within the time frames allowed by the rules and appellate procedures. For purposes of filing an appeal of a decision of the Council, any party who appeared in writing, orally, or was represented by an attorney, or any party who received Written notice of the hearing from the Village Clerk or the Building, Zoning, and Planning Department, shall be considered as an aggrieved party, subject to judicial rules of standing.

(k)

Consideration of petitions after denial or withdrawal. When an application is denied by the Village Council or withdrawn after public notice has been provided, no other application that is substantially the same as the original application shall be filed within one year from the date of denial or withdrawal. This prohibition may be waived by the Village Council by permitting the withdrawal or denial without prejudice.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

(a)

Purpose. Site Plan review is designed to achieve the following objectives:

(1)

To insure that infrastructure (water, sewer, and roads) is in place at the time the project is completed, as mandated by Florida's Growth Management law;

(2)

To encourage logic, imagination, architectural compatibility, and variety in the design process;

(3)

To insure that projects are compatible, both aesthetically and functionally, with the surrounding area;

(4)

To promote excellence in urban design, landscape design, and architecture;

(5)

To encourage Buildings that are consistent with the high quality environment associated with the Village; and

(6)

To ensure that projects comply with these regulations.

(b)

Applicability. Site Plan review shall be required for each Development activity that is not located in a single Family, Two-Family, GU Governmental or PROS Public Recreation and Open Space zoning district, and that features:

(1)

Any new construction on a vacant Lot (this applies to Lots that had Buildings that have been demolished); or

(2)

Any addition to an existing Structure that increases the Structure's square footage by 50 percent or more.

(c)

Jurisdiction. The Village Council shall have jurisdiction regarding the disposition of Site Plan review applications.

(d)

Vote. The Village Council vote on proposed Site Plans shall follow a public hearing where interested Persons can provide the Council with testimony and evidence. The Village Council shall hold a Site Plan review workshop in accordance with subsection (n) at least 28 days prior to the Village Council vote on a proposed Site Plan.

(e)

Time limit. The approval of a Site Plan shall automatically become null and void unless the appropriate Development order, as defined in F.S. § 163.3164, has been issued within 12 months of the date the resolution was approved by the Village Council. A request for an extension of time, for a maximum of an additional 12 months, shall be considered by the Village Council. Notice requirements for such requests are the same as those that were used for the original application.

(f)

Application forms. The Building, Zoning, and Planning Department shall provide the applicant with all necessary application forms. A complete application shall include the following:

(1)

Existing site characteristics map. A certified property survey extending to the center line of all adjacent Streets and alleys illustrating:

a.

Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography unless deemed unnecessary by the Village Building, Zoning, and Planning Director.

b.

Existing Buildings and other Structures, including Use, height, dimensions and Setbacks.

c.

Existing utility lines and Easements.

d.

Lot lines.

(2)

Site Development plan.

a.

A scale drawing clearly illustrating proposed Buildings and other Structures, and any existing Buildings and Structures which are to be retained, including Use, height, dimensions and Setbacks.

b.

Proposed off-street Parking spaces, driveways and sidewalks, including location, construction material, dimensions and Setbacks. This shall demonstrate compliance with Handicapped Accessibility Requirements and Chapter 52.11 of the South Florida Building Code.

c.

Proposed fences and Walls, including location, construction material, dimensions, Setbacks and height.

d.

Proposed utility lines and Easements.

e.

Alignment of Miami-Dade County trafficways on property (if applicable).

f.

Distance of existing Buildings on Adjacent Properties from property line.

g.

Location of all existing and proposed fire hydrants and Siamese connections.

(3)

Landscape plan.

a.

A scale drawing clearly illustrating proposed trees, shrubs, grass and other vegetation, including location, height, size and type of plant by both common and botanical classifications.

b.

Proposed berms, watercourses and other topographic features.

c.

Method of irrigation.

d.

Identification of Specimen Trees.

e.

Site grading.

(4)

Architectural plan.

a.

A scale drawing clearly illustrating the building foot-prints, proposed floor plans and elevations, including height, dimensions and color.

b.

Proposed location and elevations of Signs, including height, dimensions, Setbacks, construction material and color.

c.

Floor plans at a scale of one-eighth inch = one foot, zero inches or larger for all floors within any proposed structured parking facility illustrating columns and all other obstructions to the movement of automobiles together with fully dimensioned driveway and Parking space layouts.

(5)

Tabular summary.

a.

Total gross project acreage and net buildable land area.

b.

Total number of proposed Units, including characteristics by number of bedrooms and bathrooms and total gross square footage.

c.

Proposed Densities, including both net and gross acre calculations on both a Unit and Dwelling Unit and Hotel Room equivalent basis.

d.

Proposed Floor Area by type of Use and total gross square footage.

e.

Percentage distribution of total gross project site, including areas proposed for landscaped open space pervious and, impervious surfaces and Building coverage.

f.

Number, size and ratio of off-street Parking spaces.

(6)

Drainage plan. Unless the Village Engineer determines that major drainage improvements are not feasible due to existing improvements on the property, Site Plan submittals shall contain a separate paving and drainage sheet(s) containing the following:

a.

Locations and size of all Buildings, roads, Parking Lots, driveways, green areas, and other significant pervious and impervious areas.

b.

Existing elevations at the center of proposed Structures as well as the proposed finished floor elevations.

c.

Sufficient elevations and calculations to show retention of storm water on the site in accordance with the Florida Building Code (F.B.C.), Plumbing Chapter 11.

d.

Exterior site elevations at the following locations:

1.

Street crown at mid points of sides adjacent to Streets and at property lines extended (or at intervals of 100 feet for sites with greater than 200 feet frontage).

2.

Where the adjacent edge of pavement intersects the property lines extended.

3.

Existing and proposed elevations at the intersections and midpoints of all property lines and existing elevations ten feet outward from the midpoints of all non-frontage lines.

e.

Type and usage of Structures immediately adjacent to the site (residence, office, and the like).

f.

Details of the proposed drainage system, including drainfield cross sections and lengths, catch basin types and sizes, designated retention/detention area cross sections, and the like.

g.

Description of methods to be implemented during construction to mitigate adverse quantity or quality impacts off-site.

h.

In addition, the following may be required depending on the size and/or location of the project:

1.

Percolation test results if percolation of exfiltration systems are proposed.

2.

A map of the area showing where runoff presently goes and size, location, topography and land Use of off-site areas which drain through, onto, and from the project.

(7)

Pavement marking and traffic signage plan.

(8)

Proof of Concurrency. All projects requiring Site Plan review, or Development of Regional Impact review are required to provide proof of Concurrency, pursuant to the Land Development Regulations, prior to the issuance of such Site Plan approval, or Development of Regional Impact Development Order.

(9)

Optional information. The following may be required, if deemed necessary by the Building, Zoning, and Planning Director:

a.

A map reflecting the general character and relationship of surrounding properties.

b.

Block elevation sketches of the proposed Development.

c.

Intended progressive stages or phasing of Development.

d.

At the time of Site Plan approval of any Development which includes Structured Parking, the Building, Zoning, and Planning Director may require designation of specifically delineated dimensions between columns and/or other Structures. The Building, Zoning, and Planning Director may further require that following construction of footings and establishment of batter-boards for column construction at grade level, that the Developer provide to the Building, Zoning, and Planning Director a sealed survey establishing compliance with the previously designated critical dimensions.

e.

Demonstration that the proposed Development will not adversely affect any endangered or threatened plant or animal species, and will to the greatest extent possible, protect natural areas, native species, potable water well-fields, and dune systems, and will provide effective erosion control, and will protect against hazardous waste.

f.

Site Plans shall to the greatest extent possible provide maximum clustering of Buildings and impervious areas.

g.

Site Plans shall to the greatest extent possible provide bicycle and pedestrian paths to join residential Development with employment areas and commercial areas and shall combine landscaping to the greatest extent possible with that of adjoining properties.

(g)

Review criteria. In order to approve a project, the Village Council must find that it is consistent with each of the below review criteria. The Council may require conditions that are necessary to minimize any adverse impacts on Adjacent Properties.

(1)

Natural environment. All proposed Development shall be designed in such a manner as to preserve, perpetuate and improve the existing natural character of the site. Existing trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, to conceal unattractive Uses, and to improve the tree canopy in the Village. In all instances the Village's tree protection, landscaping and all other applicable Regulations shall be fully complied with as minimum standards.

(2)

Open space. Adequate landscaped open space shall be provided which meets the particular needs and demands of the proposed Development and all specific zoning district requirements. Legal methods assuring the continued preservation and maintenance of required open space shall be submitted to and approved by the Building, Zoning and Planning Director and Village Attorney. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or User composition of the proposed Development.

a.

Passive open spaces (those areas not planned for intensive activity) shall be arranged as to enhance internal spatial relationships between proposed Structures, to provide buffers between the project and adjacent Uses, to facilitate pedestrian movements within the Development, and to improve the overall visual quality of the site and neighboring area.

b.

Active open spaces (those areas containing activities such as playgrounds, tennis courts, swimming pools and other active recreational facilities) shall be located so as to permit easy Access to all residents or Users within a Development. Private recreational facilities and activities within specific projects shall, wherever possible, complement, rather than duplicate, nearby public recreational activities.

(3)

Circulation and Parking. All circulation systems and Parking facilities within a proposed Development shall be designed and located in such a manner as to comply with the following:

a.

A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed Development while discouraging excessive speeds and reasonably accommodating pedestrian and bicycle traffic. Said systems shall be separated or buffered insofar as practicable from pedestrian circulation systems. Pavement widths and Access points to peripheral Streets shall be provided which adequately serve the proposed Development and which are compatible and functional with circulation systems outside the Development.

b.

Whenever possible in proposed residential Developments, living Units should be located on residential Streets or courts that are designed to discourage nonlocal through traffic.

c.

Off-Street Parking areas shall be provided which adequately accommodate maximum vehicle storage demands for the proposed project and are located and designed in such a manner so as to conveniently serve the Uses to which they are accessory and not create incompatible visual relationships.

d.

Safe and efficient Access to all areas of the proposed Development shall be provided for emergency and service vehicles, as required by Chapter 52.11 of the Florida Building Code.

e.

Sidewalks shall be provided as required by the Village Regulations.

f.

Handicapped accessibility shall be provided as required by all applicable regulations.

(4)

Community services and utilities. All proposed Developments shall be designed and located in such a manner as to insure the adequate provision, Use and compatibility of necessary community services and utilities.

a.

An adequate sanitary sewer collection system including all necessary extensions and connections, shall be provided in accordance with Village standards for location and design. Where necessitated by the size of the Development and/or by the unavailability of Village treatment facilities, sanitary sewage treatment and disposal systems must be provided in accordance with Village and State standards and Regulations.

b.

An efficient solid waste collection system, including the provisions of an adequate number of properly screened local receptacles in locations which afford maximum Use and collection convenience, shall be provided in accordance with all applicable Village standards.

c.

A well designed internal system for fire protection, including the provisions of an adequate number of properly located fire hydrants and an efficient Access arrangement for emergency fire vehicles, shall be provided to insure the safety of all Persons within the project.

(5)

Building and other Structures. All Buildings and Structures proposed to be located within a Development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. The following guidelines shall be followed in the review and evaluation of all Buildings and Structures:

a.

Proposed Buildings and Structures shall be related harmoniously to the terrain, other Buildings and the surrounding neighborhood, and shall not create through their location, style, color or texture incompatible physical or visual relationships.

b.

All Buildings and Structures shall be designed and oriented in a manner insuring maximum privacy of Residential Uses and related activities both on the site being developed and property adjacent thereto.

c.

All permanent outdoor identification features which are intended to call attention to proposed projects and/or Structures shall be designed and located in such a manner as to be an integral part of the total project and/or structural design and shall not exceed a size and scale necessary for the recognition from vehicles moving along adjacent Streets at prescribed legal speeds.

(6)

Level of service standards. For the purpose of the issuance of Development orders and permits, the Village has adopted level of service standards for public facilities and services which include roads, sanitary sewer, schools, solid waste, drainage, potable water, and parks and recreation. All applicants are required to prove Concurrency pursuant to the Land Development Regulations.

(7)

Density standards. No Site Plan shall be approved which would permit any Development which would result in an increase in residential Density in excess of the Density previously approved for the subject property by a valid Development Order. For purposes of this section, existing development approved and constructed with hotel Density may be approved as apartment Density provided that the apartment Density does not exceed the previously approved hotel Density.

(8)

Other requirements. Requirements and recommendations as provided in the Village tree and landscape Regulations shall be observed as will the requirements of all applicable standards and Regulations.

(h)

Resolution. The resolution that memorializes the approval of a Site Plan shall be recorded in the public records of Miami-Dade County at the applicant's expense. A copy of the proof of recordation shall be submitted to the Building, Zoning, and Planning Department prior to the issuance of any building permits.

(i)

Building, Zoning and Planning Director recommendation for applications which are considered by the Village Council. The Director of the Building, Zoning and Planning Department shall provide the Village Council with a recommendation for each Site Plan application that is considered by the Council.

(j)

Order or notice of violation. When the Building, Zoning, and Planning Director determines that an application is complete, prosecution of a violation shall be stayed until the Village Council approves or denies an application which would remedy the violation. If the Building, Zoning and Planning Director determines that a stay would imperil public safety or property or otherwise create substantial risk of injury or would amount to a public nuisance, a stay shall not be effective.

(k)

Appeals. Judicial review of a decision made by the Village Council shall be to a court of competent jurisdiction.

(l)

Consideration of petitions after denial or withdrawal. When an application is denied by the Village Council or withdrawn after public notice has been provided, no other application that is substantially the same as the original application shall be filed within one year from the date of denial or withdrawal. This prohibition may be waived by the Village Council by permitting the withdrawal or denial to be without prejudice. Any subsequent application that provides Setbacks, Density, or Parking spaces that vary ten percent or more from the counts that were provided in the original application, shall be determined to be a new application and not subject to provisions of this paragraph.

(m)

Notification. Notification shall be by Publication pursuant to section 30-68 "Public Hearing and Notice Requirements". Whenever notification to property owners is required, the applicant making the request shall submit the following to the Building, Zoning, and Planning Department:

(1)

A list of the names and addresses of all property owners within the notification distance that is required and a letter certifying as to the accuracy and completeness of the list by a Licensed Professional Engineer, Licensed Architect, Licensed Landscaped Architect, Licensed Real Estate Broker, Licensed Real Estate Appraiser, an attorney who is a member of the Florida Bar, a Licensed Land Surveyor, or a Land Planner who is a member of the American Institute of Certified Planners (AICP); and

(2)

Two duplicate sets of self adhesive mailing labels containing the names and addresses of property owners indicated on the certified list.

(n)

Site Plan Review Workshop. It is the intent of the Site Plan review workshop process to provide an open forum for the Village Council to comment on proposed site plans that require a public hearing within the Village. The workshop shall not be considered part of the quasi-judicial hearing. Each application shall be evaluated based upon the record presented at the Village Council hearing(s) on the application. Developments shall be presented by the applicants sequentially, one at a time, for the Village Council's review and comment. In addition, the applicant shall be available to answer any questions that members of the Village Council may have about the proposed development. The applicant shall bring all of the application requirements provided under subsection (f) and any other visual materials that the applicant finds as expressive of the project to the workshop. No quorum requirement of the Village Council shall apply to the workshop.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2012-10, § 3, 10-9-12; Ord. No. 2023-16, § 2, 11-14-23; Ord. No. 2024-20, § 2, 10-22-24; Ord. No. 2025-05, § 2(Exh. A), 2-11-25)

When a provision of these Regulations requires the Village Manager, the Building, Zoning, and Planning Director, a head of a department, or some other Village officer or employee to do some act or perform some duty, it shall be construed to authorize the Village Manager, the Building, Zoning, and Planning Director, head of a department or other Village officer or employee to designate, delegate and authorize subordinates to perform the required act or duty, unless the terms of the provision specify otherwise.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)