(a)

Comprehensive plan adopted. The city comprehensive development master plan (CDMP) was adopted pursuant to the requirements and authority of F.S. ch. 163 (the "Local Government Comprehensive Planning and Land Development Regulation Act") and F.A.C. 9J-5. The purposes of the CDMP are defined in F.S. ch. 163 and the CDMP.

(b)

Use of local government development agreements. No development order shall be issued under the provisions of this chapter unless the same is consistent with the goals, objectives and policies of the city's comprehensive development master plan.

(Ord. No. 2010-10-218, § 2(2-10), 4-7-2010)

The city council was created and shall be governed by the city Charter, approved on February 26, 2003.

(1)

Duties and responsibilities.

a.

To consider and enact zoning and chapter regulations;

b.

To consider and enact, enact with modifications, repeal, partially repeal, or reject amendments to these regulations;

c.

To establish fees, charges, and expenses imposed by these regulations;

d.

To enforce the regulations, provisions, and restrictions by appropriate administrative and legal action;

e.

To consider and approve or disapprove applications that are require in this chapter to undergo public hearings;

f.

To conduct such public hearings as may be required by this chapter; to gather information necessary for the preparation, establishment, and maintenance of the comprehensive plan, as well as all other public hearing required by these regulations;

g.

To consider all general plans for major landscaping proposed by the city or to be located on city property;

h.

To consider all plats which subdivide lands and recommend acceptance, modification, or rejection of them;

i.

To hear, and to approve or disapprove applications for a change to the official zoning map;

j.

To provide continual examination and analysis of the adequacy and sufficiency of the text of the chapter;

k.

To consider, and approve or disapprove requests for granting or vacating of easements or dedications of easements or rights-of-way;

l.

To consider, and grant or deny the variances or waivers of regulations of the Code;

m.

To compel the attendance of witnesses at hearings or meetings and to administer oaths;

n.

To consider, and approve or disapprove, applications for special exception uses;

o.

To hear and decide appeals from any order, requirement, decision or determination made by the administrative official, development review committee, and any boards that may be authorized in this chapter to make decisions or determinations;

p.

To consider, and approve or disapprove developments of regional impact;

q.

To consider, and approve or disapprove amendments to conditions, release of conditions, or release to a declaration of restrictive covenants accepted by resolution or ordinance;

r.

To consider, and approve or disapprove applications for extension of time of commencement or completion, as provided in this chapter;

s.

Impose conditions on approvals, as the council deems to be appropriate, for protecting the general interest and welfare of the city; and/or to mitigate detrimental impacts as a result of the approval on surrounding neighborhoods and properties.

(2)

Organization, rules and procedures of the city council. This shall be enforced in accordance with the city Rules of Procedures Ordinance No. 2003-07, as amended, or as hereinafter codified.

(3)

Appeals. Any persons aggrieved by a decision of the city council may appeal by filing a petition for writ of certiorari to a court of competent jurisdiction, within 30 days after a decision by the city council.

(Ord. No. 2010-10-218, § 2(2-20), 4-7-2010)

(a)

Authority. The city council is hereby established as the local planning agency (LPA) for the city.

(b)

Duties and responsibilities of the local planning agency.

(1)

Prepare the comprehensive plan and amendments thereto, including all decisions regarding adoption and amendment during the preparation of the plan or plan amendment. The local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or proposed plan amendment. The local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment shall be the responsibility of the local planning agency.

(2)

Monitor and oversee the effectiveness and status of the comprehensive plan and effectuate such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic evaluation and appraisal report required by F.S. § 163.3191.

(3)

Prepare and revise land development regulations for consideration and adoption by the city council.

(4)

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

(5)

Miami-Dade County public schools duties and responsibilities as set forth in F.S. § 163.3174 shall also apply to the LPA.

(c)

Organization, rules and procedures of the local planning agency. The city council's organization, rules and procedures shall be the organization, rules and procedures of the local planning agency.

(d)

Public meetings. All local planning agency meetings shall be scheduled and publicly noticed in accordance to the applicable requirements of this chapter, and state law.

(e)

Appeals. Appeals of decisions of the LPA shall be made to the city council.

(Ord. No. 2010-10-218, § 2(2-30), 4-7-2010)

(a)

Authority. The city council is hereby established as the zoning appeals board for the city.

(b)

Duties and responsibilities of the zoning appeals board. The functions and powers of the zoning appeals board shall include the following:

(1)

To keep the general public informed and advised as to the physical development of the city;

(2)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official, development review committee and any board that may be authorized in this chapter to make decisions or determinations, in the administration and enforcement of this chapter;

(3)

To reverse or affirm, in whole or in part, or modify any order, requirement, decision, or determination of the administrative official, development review committee or boards that may be authorized in this chapter to make decisions or determinations in the administration and enforcement of this chapter, where said appeal is made in writing to the administration official within 30 days of such action, unless otherwise provided for in this chapter.

(c)

Public meetings. Zoning appeals board meetings shall be scheduled as noticed in accordance to the applicable regulations of this chapter.

(d)

Appeals. Any persons aggrieved by a decision of the zoning board of appeals may appeal by common law writ of certiorari to a court of competent jurisdiction for judicial relief within 30 days after a decision by the zoning appeals board. The election of remedies shall lie with the appellant.

(Ord. No. 2010-10-218, § 2(2-40), 4-7-2010)

(a)

Intent and purpose. The intent of this section is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process relating to the approval of applications requiring quasi-judicial hearings. This policy shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process relating to site-specific parcels. This policy shall only apply to the hearing held by a board with final jurisdiction over the application.

(b)

Applicability. Except as may otherwise be provided by statute or ordinance, these quasi-judicial procedures shall apply to the following applications:

(1)

Variances and waivers.

(2)

Special exception use approvals.

(3)

Site plan approvals.

(4)

Plat approvals.

(5)

Amendments to conditions, or release of conditions, or release of a declaration of restrictive covenants accepted by resolution or ordinance.

(6)

Developments of regional impact.

(7)

Appeals of administrative decisions and interpretations as provided in section 34-40.

(8)

Applications for extension of time of commencement or completion.

(9)

Other site specific development applications or other matters determined to be quasi-judicial by the city attorney.

(c)

Ex parte communication. Ex parte communication shall be in accordance to city Ordinance No. 2005-18-56.

(d)

Continuances and deferrals. A continuance of a quasi-judicial proceeding may be requested by any party at any time prior to the conclusion of the hearing. Such request may be granted by the board in the interests of justice and fairness. A continuance may also be granted where, in the opinion of the board, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented. The board shall continue the hearing to a time and date certain.

(e)

Judicial notice. The board shall take judicial notice to all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the state.

(f)

Supplementing the record. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the board under the following conditions:

(1)

After a quasi-judicial hearing is continued but prior to final action being taken.

(2)

A question is raised by the board at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in writing to the board after the quasi-judicial hearing, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the board. The information requested will be presented to the board at the time of the continued hearing. All parties and participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing.

(g)

The record. All evidence in the form of documents, photographs, maps and other written materials admitted at the hearing shall be maintained by the city planning and zoning department or shall be placed in the official file as directed by the council. The official file shall be kept in the custody of the appropriate staff at all times during the pendency of the application. The official record of the quasi-judicial hearing shall be preserved by tape recording or similar device by the office of the city clerk, and maintained with the official file for the quasi-judicial hearing as a public record of the city. Resumes of staff members who testify during a quasi-judicial proceeding will be automatically be entered into the record of the proceeding.

(Ord. No. 2010-10-218, § 2(2-50), 4-7-2010)

In all cases requiring site plan review, no structure, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued, unless a site plan has been reviewed and approved, and found to be in substantial compliance with the written standards included in this development code.

(Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)

(a)

Authority; establishment. The design review committee (DRC) is hereby established with the express intent to review applications for development orders or permits relative to the requirements, regulations and standards of this chapter. The DRC shall approve, approve with conditions, or disapprove a submittal on the basis of the criteria set forth herein this section. In the case of applications for which the DRC acts in an advisory capacity, it shall make recommendations for approval, approval with conditions, or disapproval. In all cases requiring site plan review, no structure, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued, unless a site plan has been reviewed and approved, and found to be in substantial compliance with the written standards included in this development code.

(b)

Members. The design review committee (DRC) shall be administered and chaired by the administrative official and shall be composed of the following staff persons or their designees:

(1)

Director of planning and zoning.

(2)

Director of public works.

(3)

Police chief.

(4)

Director of building.

(5)

Director of code enforcement.

(6)

Director of community improvement.

(7)

Any other city staff, or contractor which at the discretion of the administrative official, provides professional experience necessary to determine whether an application complies with the review criteria set forth herein.

(8)

Representatives from the city manager and city attorney's offices, when determined appropriate by the administrative official.

(c)

Duties and responsibilities. The design review committee shall have the following duties and responsibilities:

(1)

Review and approve site plans for all new retail/commercial/industrial/office/institutional type construction, including enlargements and/or modifications of existing buildings and/or of a site that requires substantial re-configuration of site improvements prior to issuance of building permit.

(2)

Review and approve site plans for new construction of government facilities, community and civic centers, ALFs, hospitals and medical centers, stadiums, places of public assembly, including enlargements and/or modifications of existing buildings and/or of the site that require substantial re-configuration of site improvements prior to issuance of building permit.

(3)

Review and approve site plans for new construction within subdivisions of single-family homes of more than one unit; all new construction of townhouse developments; all new construction of mixed-use and multifamily residential developments with more than two units; and any modifications to existing residential developments that require substantial re-configuration of site improvements prior to issuance of building permit.

(4)

Review and approve site plans for all parking structure construction.

(5)

Review all site plans accompanying special exception use approval requests, and make recommendations to the city council.

(6)

Review all site plans accompanying rezoning application and make recommendations to the city council.

(7)

Review and approve all plans for capital improvement projects.

(8)

Review vacation/abandonment/dedications of rights-of-way, alleyways, and easements and make recommendations to city council.

(9)

Review final plats, and waiver of plats and make recommendations to city council.

(10)

Review and approve plans submitted for certificate of nonconformity as set forth in section 34-59.

(11)

Review any other types of developments or projects that the administrative official determines to require DRC review and approval.

(d)

Organization, rules, and procedures. The design review committee (DRC) process shall consist of the following:

(1)

Pre-submittal meeting. Upon request of the applicant, or upon determination of the administrative official, pre-submittal meetings will be held with DRC members for the purpose of reviewing the proposed development prior to the formal submission of an application for development approval. Formal application or filing of a site plan application and plans with the planning and zoning department is not required for the pre-submittal conference. Failure of staff to identify any requirements at a pre-submittal conference shall not constitute waiver of any code provision of condition of approval that may later be required when reviewing the formal application submittal. The city shall notify the applicant of the date, time and place of the pre-application meeting.

(2)

Application by owner of interest in subject property. The application for DRC pre-submittal meeting shall be submitted by the owner of an interest in the land, on a completed application form approved by the city, accompanied with the required fee. If the applicant is not the fee simple property owner, a limited power of attorney from the fee simple property owner authorizing the applicant to act on his/her behalf is required.

(Ord. No. 2010-10-218, § 2(2-60), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2013-24-312, § 2(Exh. A), 12-11-2013; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2021-005-435, § 2(Exh. A), 6-23-2021)

(a)

Submittal requirements. Application by owner of interest in subject property. The application for site plan approval shall be submitted by the owner of an interest in the land, which is to be developed on a on a completed application form approved by the city, accompanied with the required fee. If the applicant is not the fee simple property owner, a limited power of attorney from the fee simple property owner authorizing the applicant to act on his/her behalf is required. The application shall be made on forms approved by the administrative official and shall be accompanied by such documentation as, in the judgment of the administrative official, will be necessary to determine compliance with this chapter as well as minimum submission requirements found in this section. The application shall be made to the department of planning and zoning accompanied by the necessary fees and all applicable submittal requirements as set forth herein this section. The following shall be required to be submitted with an application for site plan approval:

(1)

Letter of intent. The applicant shall submit a detailed letter of intent with a statement of objectives indicating:

a.

The general purpose of the development;

b.

The density, number and type of dwelling units to be constructed;

c.

The method and time schedule of development and improvements to be made as part of the project;

d.

The type and square footage of nonresidential development including floor area ratios, pervious and impervious surface areas, and other standards as may be required; and

e.

For any site plan for residential units, the applicant shall include a statement indicating whether the residential units are intended to be owner occupied or rental units.

(2)

Survey. A boundary survey drawn to an appropriate engineering scale sufficient to show and to depict the location of existing property lines for both private and public property, existing contours shown at a contour interval of no greater than two feet, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, public utility easements, wooded areas, streams, lakes, marshes, and any other physical improvements and conditions on the site.

(3)

Site plan. A site plan shall be drawn to an appropriate engineer's scale showing:

a.

The proposed grading plan;

b.

The width, location, typical section, and names of proposed streets;

c.

The width, location and names of surrounding streets including any/all rights-of-way and easements;

d.

The zoning district categories and existing land uses on properties adjacent to the proposed development;

e.

The use, size, location and height of all proposed buildings and other structures;

f.

The location of phase lines indicating all applicable construction phases;

g.

The off-street parking and loading plan;

h.

A circulation diagram showing vehicular and pedestrian movements including any special engineering features and traffic regulation devices;

i.

The location and size of common open spaces and public or quasi-public area; and

j.

Statistical information, including:

1.

Total acreage of the site;

2.

Maximum building coverage expressed as a percentage of the total site area;

3.

The area of land devoted to open space expressed as a percentage of the total site area;

4.

The calculated density in dwelling units/acre or intensity as F.A.R. for the project;

5.

Parking calculations for required parking and provided parking categorized by uses; and

6.

The area of land devoted to rights-of-way, transportation easements, parking and other transportation facilities expressed as a percentage of the total site area.

(4)

Engineering plan. Civil engineering plans drawn to an appropriate engineer's scale depicting:

a.

Existing drainage and sewer lines;

b.

The disposition and/or retention of sanitary waste and storm water;

c.

The source of potable water;

d.

The location and width of all utility easements and rights-of-way;

e.

All roadways, alleyways, driveways, improved and proposed; and

f.

All easements, reservations of easements of record and proposed.

(5)

Landscape plan. Landscaping plan drawn to an appropriate engineer's scale depicting:

a.

All landscape areas, including swale and abutting properties to be landscaped;

b.

All specimen trees or groups of specimen trees, indicating those to be retained, removed, or relocated;

c.

The location, height, and material for walks, fences, walkways, and other manmade landscape features; and

d.

Any special landscape features including, but not limited to, manmade lakes, hardscape materials, land sculpture, and waterfalls.

(6)

Development phasing plan. Development phasing plan with schedule showing order of construction, proposed date for the beginning of construction and completion of the project as a whole and any phases thereof, and construction staging areas.

(7)

Covenants, grants, easements, dedications and restrictions. Submittal of any covenants, grants, easements, dedications and restrictions to be imposed on the land, buildings, and structures, including proposed easements for public utilities and instruments relating to the use and maintenance of common open spaces and private streets. Such instruments shall give consideration to access requirements of public vehicles for maintenance purposes.

(8)

School concurrency. For developments with a proposed residential component, the applicant shall submit a completed school impact analysis form.

(9)

Design standards. Plans of the design standards for the development depicting the following:

a.

Elevations of front and sides of buildings with indications of materials and dimensions;

b.

Elevations of accessory buildings, if proposed, with indications of materials and dimensions;

c.

Paving materials;

d.

Palette of exterior materials and their colors; and

e.

Color rendering in perspective.

(10)

Application and fee. Completed application on form approved by the city, accompanied with the required fee.

(11)

Additional information. Additional and relevant information, which is deemed to be appropriate by the city to ensure consideration of all relevant issues.

(12)

Waiver of submittal requirements. The administrative official shall have the discretion to waive, if deemed appropriate, any of the required submittal items.

(13)

Determination of completeness.

a.

Within five working days after receipt of an application for site plan approval, the city shall determine whether the application contains all required information at the required level of detail. In the event it is determined that the application is not complete, the city shall notify the applicant of the areas of insufficiency and shall specify the additional information and level of detail required in order to declare the application complete.

b.

In the event that an applicant fails to submit the required additional information within 30 calendar days of notification of insufficiency, the city may consider the application to be withdrawn.

c.

An extension may be granted by the city at the written request of the applicant provided that the applicant demonstrates just cause. Such extension shall be for a time certain.

(14)

Design review criteria. The administrative official may approve, approve with conditions, defer, or deny the application, or if acting in an advisory capacity, make a recommendation therefore, after consideration and review of the following:

a.

The development, as proposed, conforms to the comprehensive development master plan for city, and is consistent with the recommendations of any applicable neighborhood or area studies or master plans which have been approved by action of the city council, and is otherwise compatible with the existing area or neighborhood development;

b.

The proposed development site plans, landscape plans, engineering plans and other required plans conform or will conform with all applicable city codes; including design standards as set forth in this chapter;

c.

The development, as proposed, will efficiently use or not unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities which have been constructed or planned and budgeted for construction in the area;

d.

The development, as proposed, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, public streets, roads and highways, which have been planned and budgeted for construction in the area, and if the development is or will be accessible by private or public roads, streets, or highways; and

e.

The development provides necessary and adequate vehicular circulation, pedestrian access, ingress/egress, and is configured in a manner to minimize hazards and impacts on adjacent properties and adjacent rights-of-way.

(15)

Imposition of conditions. Upon approval with conditions, or recommendation therefore, the administrative official may impose conditions as deemed necessary to ensure compliance with code requirements or minimize or mitigate the impacts of the application on public facilities, adjacent properties and the surrounding neighborhood, including, but not limited to, the following:

a.

Require city council approval as may be required for compliance with applicable code requirements.

b.

Require the property be platted, or waiver of plat filed prior to issuance of building permit of issuance of certificate of occupancy.

c.

Require submittal of revised and completed plans to the city meeting the conditions imposed by the DRC prior to issuance of building permit of prior to issuance of certificate of occupancy.

d.

Require applicant to proffer a declaration of restrictive covenants inclusive of conditions of approval and other proffered restrictions on the development as required, or recommended as the case may be, by the administrative official.

e.

Require applicant to dedicate, reserve, or grant easements for future improvements as may be deemed necessary by the city.

f.

Require applicant to proffer a unity of title for lands subject to the development as deemed necessary prior to issuance of building permit.

g.

Require applicant to submit planning studies, traffic impact analysis, parking analysis, cost estimate studies, drainage studies, or other studies as deemed necessary by the city as requiring further review.

h.

Require the applicant to post or bond or other form of surety for any improvements as deemed necessary prior to issuance of building permit or issuance of certificate of occupancy.

i.

Require that all applicable fees, contributions, or proffered contributions be paid prior issuance of building permit or issuance of certificate of occupancy.

j.

Require that large scale residential developments provide park and recreation areas within the developments.

k.

Impose any other condition that is deemed necessary in protecting the public health, safety and welfare, inclusive of mitigating, or minimizing impacts as result of the proposed development.

l.

New commercial developments or redevelopments and new multi-family developments or redevelopments are required to participate in the Miami Gardens Police Department Safecam program and permit the transmittal of their camera feeds to the Miami Gardens Police Department's Real Time Crime Center. Owners of an interest in the land, that are mandated to participate pursuant to this subsection, shall receive a ten-percent reduction in impact fees.

(16)

Appeals. An applicant may appeal any order, requirement, decision or determination by filing such petition with the zoning appeals board in accordance with section 34-46.

(17)

Modifications, deletions, revisions. Any modification, deletion, revision to approved plans or condition shall only be made upon a request being submitted to the department of planning and zoning, on a form approved by the administrative official requesting the modification, deletion, or revision. The administrative official shall determine if the modification, deletions, or revisions represent a substantial change to the approval. If it is determined that the modification, deletion, or revision are in substantial compliance the administrative official shall issue a substantial compliance statement to the applicant. In the event it is determined the modification, deletion, or revision is not substantially in compliance with the approval the administrative official may require the application be resubmitted and reviewed in the manner set forth in this section.

(Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2019-012-414, § 2, 11-13-2019)

(a)

In general.

(1)

Who may file. An application for requiring zoning appeals board approval may be filed only by the owner of the land affected by the development permit, or an agent of the owner expressly authorized by the owner to file such an application. In the case of an amendment to the comprehensive plan or official zoning map, an application may be filed by the property owner or the city.

(2)

Application requirements. Every application to the zoning appeals board shall be on a form specified by the planning and zoning department and shall be accompanied by a fee, or commitment for cost recovery as established from time to time by the city, to defray the costs of processing and reviewing the application and the required notices. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or such additional information that may be requested by the administrative official.

(3)

Pre-application conference. The administrative official shall, upon request of the applicant, schedule and hold pre-application conferences for the purpose of reviewing the proposed development or request prior to the formal submission of an application for development approval. Formal application or filing of an application and plans with the planning and zoning department is not required for the pre-application conference. Failure of staff to identify any requirements at a pre-application conference shall not constitute waiver of the requirement by the zoning appeals board or the city.

(b)

Filing of applications.

(1)

Deadlines; review schedule. The administrative official shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the planning and zoning department shall be reviewed to determine whether the application is complete. The administrative official may forward a copy of the application to the DRC members and other agencies as applicable for their review of completeness and review per the duties of the DRC. If an application is incomplete, the planning and zoning department shall notify the applicant in writing of the deficiencies. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review.

(2)

Application annulment. Once an application is deemed complete, has been reviewed, and written review comments have been issued by the administrative official, the applicant has 90 days after receiving the written comments to resubmit with revisions that address such comments. Failure to resubmit with such revisions within the allotted period will cause the application to be deemed null and void. The administrative official may grant an extension if the applicant can demonstrate diligence and reasonable progress in revising the application.

(3)

Withdrawal of application. An applicant may voluntarily withdraw an application by written request submitted to the administrative official, so long as such request is received at least 30 days in advance of the scheduled public hearing date. The applicant shall only be refunded the portion of the application fee not allocated towards site plan review, concurrency review, or noticing as required herein this chapter. Withdrawals of the applications within 30 days of the scheduled public hearing shall be requested by the applicant at the scheduled date of the public hearing. No fees shall be refunded to the applicant for withdrawals requested within 30 days the scheduled meeting date.

(c)

Public hearing and notices procedures. The following development applications, as defined by this chapter, shall be subject to the notice provisions of these regulations:

(1)

Variances and waivers of the code.

(2)

Special exception use approvals.

(3)

Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the city or an applicant that change the actual zoning map designation of a parcel or parcels of land.

(4)

Adoption of the comprehensive plan and future land use map and amendments thereto.

(5)

Any other application the city attorney determines requiring noticing.

(d)

Public hearing and notice requirements.

(1)

Adoption of the comprehensive plan and future land use map, and amendments thereto. Notification procedures shall conform to F.S. § 163.3184 or 163.3187.

(2)

Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the city that change the actual zoning map designation of a parcel or parcels of land. Notification procedures shall conform to F.S. § 166.041.

(3)

Voluntary annexations. Notification procedures shall conform to F.S. § 171.044.

(4)

Involuntary annexations. Notification procedures shall conform to F.S. §§ 171.0413, 171.042 and 166.041.

(5)

Development agreements. Notification procedures shall conform to F.S. § 163.3225.

(6)

Developments of regional impact. Notification procedures shall conform to F.S. § 380.06.

(7)

Adoption of ordinances initiated by an applicant other than the city that change the actual zoning map designation of a parcel of land; resolutions adopting variances, or waivers or special exception use, and modifications, deletions, revisions, or release of a declaration of restrictive covenant. Notification shall be provided in accordance with F.S. § 166.041; for adoption of ordinances notification shall be provided in accordance with F.S. § 166.041 for both first reading and second reading of the ordinance; and in addition the following mailed notices shall be provided:

a.

Mailed notice. A notice shall be mailed to nearby property owners as specified herein. The notification area shall be measured from the perimeters of the subject property. All lists of property owners to whom notice must be mailed shall be based upon the most recently updated records available from the county property appraiser and be obtained from the property appraiser no more than 30 days prior to the date of mailing. If a condominium building is within the required notice limits, notice shall be sent to the condominium association as well as each unit owner in the subject building. If property within an adjacent governmental jurisdiction is within the notice limits, notice shall be sent to the clerk of the affected unit of government; notice shall not be required for each parcel of land within the adjacent jurisdiction. Mailed notice shall at a minimum be delivered by first class service. Mailed notices shall contain the city's return address. The mailed notice shall contain the following information:

1.

A description of the application in layman's terms, including the type of approval requested, and the application number.

2.

A statement that information regarding the application, including meeting dates, time, place, and indicating a written report may be obtained from the planning and zoning department prior to the hearing date. The department's phone number shall be included in the notice.

3.

A graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

4.

Notice shall be postmarked at least 14 days prior to the first scheduled public hearing. One mailed notice may be used as notification for all scheduled hearings on same property. In addition, for variances, waivers, and special exceptions for nonresidential uses, a second mailed notice containing the information as set forth herein shall be provided and shall be postmarked at least seven days prior to the first scheduled public hearing.

5.

Mail notice shall be mailed to all property owners within the notification area as defined above using the following distances:

b.

Courtesy mailed notices. These notices are provided as a courtesy to any party, which may be affected by a development application for the purpose of notifying those parties of the application and their ability to review submitted information and participate in public hearings.

c.

Posted notice. A sign notifying passersby of the pending application shall be posted on the property in a prominent location from an adjoining roadway or property line, or at such other location as designated by the administrative official to ensure maximum exposure of the sign to the public. The sign shall be a minimum size as to be legible to be read from the closest abutting property line of the subject property. The sign shall contain the following information:

1.

A description of the application in layman's terms, including the type of approval requested, the specific proposed use of the property if applicable, and the application number.

2.

The time, date and location of the first public hearing.

3.

A statement that information regarding the application, including meeting dates and a written report, may be obtained from the planning and zoning department prior to the hearing date. The department's phone number shall be included on the sign.

4.

The sign shall be posted at least 21 days prior to the first scheduled public hearing. The sign shall not be required to be reposted or updated in event of a continuance or deferral of the application.

5.

The city shall remove the sign from the subject property within 14 days of the application's final hearing.

(e)

Rescheduled meeting dates. Meetings may be continued to a date certain without further notice except as provided for by F.S. ch. 166.

(f)

Examination and copying of application and other documents. At any time during normal business hours of the city, upon reasonable request, any person may examine an application for development approval and materials submitted in support of or in opposition thereto. Copies of such materials shall be made available upon payment of the appropriate fee to the city.

(g)

Resubmission of applications after denial. An application for development approval that is subject to a public hearing may not be resubmitted for reconsideration for a period of one year after the date on which an application for the same development proposal has been denied by the city council.

(h)

Reliance on information presented by applicant. The city and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his/her agent, in review of an application for development approval.

(i)

Continuance and deferrals. The city may continue or defer a scheduled public hearing to a date and time certain without further notice provided the date and time of the continuance or deferral is announced by the city at the scheduled meeting.

(Ord. No. 2010-10-218, § 2(2-70), 4-7-2010)

(a)

Purpose and intent. A variance or waiver of the code is a departure from the dimensional or numerical requirements of this chapter where such variance or waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a the result of the action of the applicant, a literal enforcement of the requirement would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted due to the presence of nonconformities in the zoning district or adjoining zoning districts.

(b)

Authorized variances and waivers. The zoning appeals board shall have the authority to grant the following variances:

(1)

A variance in the numerical yard or area requirements of any district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions. However, such variance shall not seriously affect any adjoining property or the general welfare.

(2)

A variance when an owner can demonstrate that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures, the use of or relating to the use of the land will impose unusual and impractical difficulties, but not reduced financial value alone.

(c)

Unauthorized variances or waivers. The zoning appeals board shall not have the authority to grant the following variances:

(1)

Expansion of prohibited use. A variance shall not be granted which would permit the establishment or expansion of a use in a district in which such use is not permitted by this chapter, or permit any use in a district expressly or by implication prohibited by the provisions of this chapter.

(2)

Nonconforming and noncomplying uses. Except as otherwise provided in this chapter, a variance shall not be granted which relates in any way to a noncomplying or nonconforming use.

(3)

Definitions. A variance shall not be granted which modifies any definitions contained within this chapter.

(4)

Density. A variance shall not be granted which would result in an increase in density greater than that permitted in the applicable zoning district regulations.

(5)

Consistency with comprehensive plan. A variance shall not be granted which would be inconsistent with the comprehensive plan.

(6)

Planned developments. A variance from any requirement, condition of development approval or other stipulation affecting a PD Planned Development shall not be granted.

(7)

Landscape or buffering requirements. A variance or waiver shall not be granted for any landscape or buffering requirement.

(d)

Administrative recommendation filed. For all variance and waiver proceedings held before the zoning appeals board, the administrative official shall review each application and shall file a recommendation that may include approval, approval with conditions, or disapproval for each application. Such recommendations shall be received, heard and filed prior to final action on any item before the board and shall be part of the record of the application.

(e)

Applications. The applicant must file a request to the zoning appeals board in accordance to section 34-46 which shall include, but is not limited to, identification of the specific provisions of this chapter from which a variance or waiver is sought; the nature and extent of the variance requested and an explanation of why it is necessary; and the grounds relied upon to justify the proposed variance or waiver.

(f)

Public notice. Notice shall be required, as set forth in section 34-46 for all requests to the zoning appeals board.

(g)

Decisions. The zoning appeals board shall approve, approve with conditions, or deny the application in accordance to section 34-46.

(h)

Criteria for granting variances. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board may grant approval, approval with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met:

(1)

The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally.

(2)

The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity.

(3)

The alleged difficulty or hardship was not deliberately created to establish a use or structure which is not otherwise consistent with this Code.

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(5)

The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

(6)

The variance request is the minimum variance that will make possible the reasonable use of the land, building, or structure;

(7)

The granting of the variance request will be in harmony with the general intent and purpose of these regulations and the comprehensive plan;

(8)

Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for the authorization of a variance; and

(9)

Financial hardship is not the only evidence of a hardship considered in the authorization of a variance.

(i)

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(j)

Conditions, restrictions, stipulations, and safeguards. The zoning appeals board may make subject the authorization of a variance or waiver to such conditions, restrictions, stipulations and safeguards it deems necessary to ensure compliance with the purpose and intent of this chapter and consistency with the comprehensive plan of the city. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Such conditions, restrictions, stipulations, and safeguards may include, but are not limited to, a reasonable time limit within which the action for which the variance is sought shall commence, be completed, or both, as well as provisions for extensions or renewals.

(k)

Appeals. Appeals of decisions of the zoning appeals board shall be in accordance with section 34-43.

(Ord. No. 2010-10-218, § 2(2-80), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011)

(a)

Purpose and intent. This section sets forth procedures and applications for zoning appeals board review and approval, approval with conditions, or denial of special exception uses. The procedures and standards of this section are instituted to provide an opportunity to utilize property for an activity which, under usual circumstances, could be detrimental to other permitted land uses and which normally is not permitted within the same district. A special use may be permitted under circumstances particular to the proposed location and subject to conditions, which provide protection to adjacent land uses. The procedures and standards of this section are adopted to provide guidelines for the special exception use review authority to follow in arriving at any special land use decision.

(b)

Special exception uses established. Special exception uses permitted in the zoning district are established by this chapter and are identified in section 34-287.

(c)

Administrative recommendation filed. For all special exception use proceedings held before the zoning appeals board, the administrative official shall review each application and file a recommendation such as approval, approval with conditions, or disapproval on each application. Such recommendations shall be received, heard and filed prior to final action on any item before the board and shall be part of the record of the application.

(d)

Applications. The applicant must file a request to the zoning appeals board with the planning and zoning department on a form approved by the administrative official. The form shall contain all the information necessary for the administrative official to file a recommendation, which shall include, but not limited to, identification of the specific provisions of this chapter under which a special exception use is sought; the nature and extent of the use; and the grounds relied upon to justify the approval of the proposed use. Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official.

(e)

Public notice. Notice shall be required, as set forth in section 34-46 for all requests to the zoning appeals board.

(f)

Decisions. The zoning appeals board shall approve, approve with conditions, or deny the application in accordance to section 34-46.

(g)

Criteria for granting of special exception use approval. To authorize any special exception use, the zoning appeals board shall find all of the following:

(1)

The special exception use will be consistent with the city's comprehensive development master plan;

(2)

The special exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses;

(3)

The special exception use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference, or physical activity;

(4)

The special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area;

(5)

The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, stormwater drainage, and other public improvements and services;

(6)

That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and

(7)

That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character.

(h)

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(i)

Conditions, restrictions, stipulations, and safeguards.

(1)

The zoning appeals board may subject the authorization of a special exception use to such conditions, restrictions, stipulations and safeguards it deems necessary to ensure that the special exception use is in compliance with this chapter, and is consistent with the purpose and intent of this chapter and with the comprehensive plan of the city.

(2)

Violation of such conditions, when made a part of the terms under which the special exception use is granted, shall be deemed a violation of this chapter. Such conditions, restrictions, stipulations, and safeguards may include, but are not limited to, a reasonable time limit for establishing the use and complying with conditions of approval, a maximum duration of the special exception use authorization, or both, as well as provisions for extensions or renewals.

(j)

Appeals. Appeals of decisions of the zoning appeals board shall be in accordance with section 34-43.

(Ord. No. 2010-10-218, § 2(2-90), 4-7-2010)

(a)

Purpose and intent. This section sets forth procedures and applications for zoning appeals board review and approval, approval with conditions, of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The procedures and standards of this section are instituted to provide an opportunity to utilize property for an activity which, under usual circumstances, could be detrimental to other permitted land uses. An amendment or adoption of changes in the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels may be permitted under circumstances particular to the proposed location and subject to conditions, which provide protection to adjacent land uses. The procedures and standards of this section are adopted to provide guidelines for review and authority to follow in arriving at a decision.

(b)

Administrative recommendation filed. For all requests of these nature for proceedings held before the zoning appeals board, the administrative official shall review each application and file a recommendation such as approval, approval with conditions, or denial on each application. Such recommendations shall be received, heard and filed prior to final action on any item before the board and shall be part of the record of the application.

(c)

Applications. The applicant must file a request to the zoning appeals board with the planning and zoning department on a form approved by the administrative official. The form shall contain all the information necessary for the administrative official to file a recommendation, which shall include, but not limited to, identification of the specific provisions of the LDRs to be amended or adopted, or the specific parcel or parcels for which a change in the official zoning map designation is sought; the nature and extent of the request; and the grounds relied upon to justify the approval of the proposed use. Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official.

(d)

Public notice. Notice shall be required, as set forth in section 34-46 for all requests to the zoning appeals board.

(e)

Decisions. The zoning appeals board shall approve, approve with conditions, or deny the application in accordance to section 34-46.

(f)

Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare, the following shall be considered:

(1)

The development permitted by the application, if granted, conforms to the city's comprehensive development master plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered;

(2)

The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the city, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur;

(3)

The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the city;

(4)

The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction;

(5)

The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.

(Ord. No. 2010-10-218, § 2(2-100), 4-7-2010)

(a)

Purpose and intent. The purpose of this section is to provide a procedure for property owners to obtain minor administrative variances or waivers of regulations pertaining to setbacks, height, lot coverage, building spacing requirements, sidewalk width, and sign regulations, provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying regulations.

(b)

Authorized administrative variances and waivers. Notwithstanding any other provisions of this chapter to the contrary, the administrative official shall have the authority to, by administrative decision, approve, approve with conditions, or deny applications for the following administrative variances and waivers:

(1)

A decrease or increase of any numerical requirements for not more than 25 percent.

(2)

A reduction in the setback of accessory structures for not more than 50 percent of that required by the underlying district.

(3)

An increase in the lot coverage of accessory structures for not more than 50 percent of that permitted by the underlying district.

(4)

A reduction in the spacing between principal and/or accessory structures on the same lot; provided, however, in no event shall such spacing be less than five feet.

(5)

An increase in fence, wall, hedge or building heights, and an increase in the FAR, lot coverage or both, of the principal structure, not to exceed 25 percent above that permitted by the underlying zoning district.

(6)

A reduction of the number of required off-street parking spaces of not more than, 10 percent of that required for the specific use.

(7)

A waiver of dimensional standards for off-street parking spaces that are provided in excess of the number required in this chapter.

(8)

Allowing required parking spaces to be located off-site, as set forth in section 34-379.

(9)

Allowing the contribution of funds in lieu of constructing required sidewalks, sidewalk widths, as set forth in section 34-219.

(10)

Allowing the contribution of funds in lieu of compliance with landscape and buffering requirements, as set forth in section 34-444.

(11)

Waiver or variation of the sign code regulations as set forth in section 34-655.

(12)

Use of barb wire, electrical elements or other hazardous materials on fence or walls in all districts, except in the R districts, as set forth in section 34-446.

(13)

Variation or waiver of dumpster design standards, as set forth in section 34-312.

(14)

Variances or waivers in association with a vested rights determination agreement, as set forth in section 34-62.

(15)

Variances or waivers of street, alley, and lot design standards as set forth in section 34-219.

(16)

Variance or waiver of to allow a pump house or wire construction fence, masonry wall, or wood fence in right-of-way, or for continued occupation of same, as set forth in section 34-224.

(17)

Variances to extend hours of operation up to two additional hours for alcoholic beverage establishments, as set forth in subsection 6-349(d) of the Code of Ordinances, or for other establishments of which the city may have regulations governing hours of operations.

(18)

Variances or waivers for permits prior to right-of-way dedication as set forth in section 34-216.

(19)

a.

Administrative variances for signage shall be limited to a maximum increase or decrease of 25 percent of the dimensional requirements.

b.

Petition for an administrative variance to signage shall be submitted on a form approved by the city and with the established fee. Submittal of the petition for administrative variance shall not be construed as a granting of approval of the variance.

(c)

Exceptions. The following are exceptions where administrative variances or waivers shall not be authorized:

(1)

Variance or waiver of canopy carport regulations.

(2)

For landscape and buffering requirements, except for contribution of funds in lieu of compliance.

(3)

Allow the continuation of a nonconforming or illegal use or structure on the property.

(4)

Variation of setbacks for more than two sides of a building or structure.

(5)

Where an administrative variance or waiver, if granted, would further a previously approved variance or waiver.

(6)

Where an administrative variance or waiver would result in creating a nonconformity of regulations and/or create an additional noncompliance with this chapter.

(d)

Applications, and signed consent of neighboring property owners, mailed notices.

(1)

The applicant must file a request to the planning and zoning department in a form approved by the administrative official containing all the information necessary for the administrative official to make an administrative decision, which shall include, but is not limited to, identification of the specific provisions of this chapter from which a administrative variance or waiver is sought; the nature and extent of the variance or waiver; and the grounds relied upon to justify the approval of the variance or waiver.

(2)

Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official, which may include, but shall not be limited to, the one of the following:

a.

Signed consent of neighboring property owners.

1.

The signed consent of all contiguous property owners, including those located across the street from the subject site, shall be submitted by the applicant on a form prescribed by the administrative official, and on the site plan submitted for consideration.

2.

Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consents be required when a body of water completely separates the subject parcel from another parcel.

3.

If the applicant for an administrative adjustment is unable to obtain either the signed consent or objection of a neighboring property owner, the signature of that owner shall not be required if the applicant demonstrates the section has been complied with.

b.

Mailed notices. The applicant shall provide written mailed notice of the request for administrative variance or waiver to the abutting property owners. Such notice shall be deemed sufficient if it accurately describes the adjustment requested, if it informs the abutting property owners of the consequences of a failure to respond within a specified time, and if such notice is sent first class mail, return receipt requested, to the property owners of record, as reflected on the county property appraiser's tax roll, as updated; and the applicant for the administrative adjustment shall present proof acceptable to the administrative official one of the following two events has occurred:

1.

After 30 days from receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond; or

2.

The United States Postal Service has returned the notice as undeliverable.

c.

Exceptions. The administrative official may, where it is deemed that mail notice is not appropriate, may waive the requirements of signed consent of neighboring property owners, and mailed notices set forth in this section.

(e)

Inspection. Upon receipt of the application for an administrative adjustment, the administrative official, prior to making a decision, may inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative variance or waiver will have on the adjoining lots.

(f)

Criteria for granting an administrative variance or waiver. The administrative official shall review for the following standards when considering granting an administrative variance or waiver:

(1)

The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property;

(2)

The plan shall clearly illustrate water runoff solutions for the encroaching construction area;

(3)

The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holders is obtained and submitted prior to permit issuance;

(4)

The applicant provides written certification from a registered architect or engineer that the existing encroaching construction complies, or can be made to comply with, all applicable construction codes, including, but not limited to the Florida Building Code, and the applicable Fire Prevention Code;

(5)

Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance;

(6)

The proposed accessory building or structure is a normal and customary accessory residential use;

(7)

The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with this chapter and the Florida Building Code;

(8)

Notwithstanding the foregoing, no proposed administrative variance or waiver shall be approved where the administrative official determines that the proposed construction or addition:

a.

Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property;

b.

Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian-vehicular conflicts, or heightened risk of fire;

c.

Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations; or

d.

Will not be inconsistent or in conflict with the express purpose and intent of the regulations being varied or waived.

(g)

Conditions and safeguards. In granting an administrative variance or waiver, the administrative official may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to:

(1)

Landscape materials, walls, and fences as required buffering.

(2)

Modification of the orientation or deletion of any openings.

(3)

Modification of site arrangements.

(4)

Modification of plans.

(5)

Declaration of restrictive covenants limiting the use of the property.

(6)

Limitations on time or duration of approval of said variance or waiver, or for compliance.

(h)

Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff report, the administrative official shall review the information and render a decision, approving, approving with conditions, or denying the administrative variance or waiver request. No approvals or modifications shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal of the administrative official's decision as provided in subsection (i) of this section has been filed with the department. If a timely appeal of the administrative adjustment is filed, no approvals or modifications shall be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial review.

(i)

Appeals of decision. The applicant, or any aggrieved property owner in the area, may appeal the decision of the administrative official to zoning appeals board in the manner provided for in section 34-46. In the event an appeal is made by an aggrieved property owner in the area, the administrative official may stop or suspend any construction authorized by the approval, until a decision has been made on the appeal. In the event the administrative official should determine that the suspension of the construction could cause imminent peril to life or property he or she may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances.

(j)

Recording. The decision of the administrative official shall be recorded on the official zoning maps of the city.

(Ord. No. 2010-10-218, § 2(2-110), 4-7-2010; Ord. No. 2011-03-245, § 4, 3-23-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2014-17-328, § 2, 10-8-2014; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

(a)

Required. The zoning appeals board, DRC, or for any application for building permit, the city may impose a condition of approval requiring a unity of title where in any district multiple buildings are proposed for a single site, or a development site consists of more than one lot of record, and code requirements would violated if the lots were to be split (ex: one of the lots is needed to ensure compliance with setbacks or lot coverage requirements; or, an accessory building is located on its own lot of record, and would fail to be an accessory structure if one of the lots changed ownership). Such unity of title shall be on an approved legal form and sufficiency approved by the city attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property.

(b)

Modification, release of a unity of title. A unity of title accepted by the city shall not be modified or released without first obtaining the approval of the administrative official. Said modification or release shall be on an approved form and sufficiency approved by the city attorney.

(Ord. No. 2010-10-218, § 2(2-120), 4-7-2010)

(a)

In lieu of a unity of title, the zoning appeals board, DRC, or for any application for building permit, the city may impose a condition of approval requiring a declaration of restrictive covenants. Such declaration of restrictive covenant shall be on an approved legal form and approved by the city attorney for sufficiency. The declaration of restrictive covenant shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property.

(b)

The declaration shall contain, but not be limited to, the following necessary elements:

(1)

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

(2)

That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner and such other party shall have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

h.

Easements on each parcel for attachment of buildings;

i.

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

j.

Appropriate reservation of rights to grant easements to utility companies;

k.

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

l.

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

m.

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

(c)

Exceptions. These provisions or portions thereof may be waived by the administrative official if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval of the city attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan.

(d)

Non-use variances created solely by separate ownerships, pursuant to subsection (a) of this section shall be waived by the administrative official.

(e)

Release, modifications, amendments, revision.

(1)

Approval required. Any release, modification, deletion, revision to a declaration of restrictive covenant or condition there of, shall only be made upon a request being submitted to the department of planning and zoning, on a form approved by the administrative official requesting the release, modification, deletion, or revision. The administrative official shall determine if the release, modification, deletions, or revisions represent a substantial change to the approval. If it is determined that the release, modification, deletion, or revision are not a substantial change, the administrative official shall approve the request. Upon approval of the request the action taken, or a amended declaration of restrictive covenant shall be recorded in the Official Record Book of Miami-Dade County, accordingly.

(2)

Appeals. Where it is determined that the release, modification, deletion, or revision is a substantial change to the approval the decision may be appealed as an appeal of an administrative decision as set forth in this chapter.

(3)

Exceptions.

a.

Where a declaration of restrictive covenant or similar document was proffered to the county or to the city where the release, modification, deletion, or revision required county board of county commissioners' approval or specifically required city council approval then such request shall be made as an application to the zoning appeals board as set forth in this chapter.

b.

Where there is a proffered declaration of restrictive covenant on a property where it is determined that there are no vested rights, the administrative official release, modify, or revise the covenant appropriately either administratively or by action of the city council.

c.

Where it is determined that the development approval has expired as set forth in this chapter the administrative official shall release the declaration of restrictive covenant appropriately either administratively or by action of the city council.

d.

Where a declaration of restrictive covenant or condition thereof is released, modified, deleted, or revised and a contribution of funds has been proffered and accepted by the city, the administrative official may consider such contribution as forfeited.

(Ord. No. 2010-10-218, § 2(2-130), 4-7-2010)

(a)

Commencement. All development approved by the zoning appeals board or DRC pursuant to sections 34-45 and 34-46 shall commence within 36 months of the date of the legislative or administrative approval necessary therefore. If commencement of the development does not occur during such 36-month period or during an extension thereof as provided in this section, such legislative or administrative development approval shall automatically expire without further action by the city, and no development orders or permits shall thereafter be issued by the city for the development until and unless the applicant applies for and obtains new city approvals.

(b)

Extension. Prior to the expiration of the 36-month period for commencement, a developer may apply for an extension to commence development by filing a petition therefore with the director of planning and zoning on forms provided by the city. Such petition shall be granted upon a determination by the director of planning and zoning that the applicant has made a good faith effort to acquire a building permit and to commence the construction of site improvements but has been prevented from doing so for reasons beyond the control of the developer. The director of planning and zoning shall not grant more than one extension for commencement of a particular development. No extension shall exceed 24 months from the date of the expiration of the initial 36-month commencement period. Notice of the decision of the director shall be provided to the applicant by regular mail within 30 days of the date of the application for extension. If a petition for an extension is denied by the director, the applicant may appeal such decision to the zoning appeals board in accordance with the provisions contained in section 34-46. Prior to the expiration of any extension granted the director, an applicant may apply for an extension to commence development by filing a petition with the zoning appeals board. The zoning appeals board may grant one time extension, not to exceed 12 months, after consideration of the following:

(1)

All attempts by the applicant to comply with the approved conditions of the development order;

(2)

The reliance by other parties on the timely performance of meeting the requirements of the planned development ordinance;

(3)

Any changed circumstances which may have interfered with the ability of the applicant to meet the time-certain requirement;

(4)

Actions of other parties that may have precluded compliance with the planned development ordinance;

(5)

The existence of extraordinary mitigating factors;

(6)

Consistency with the city comprehensive plan, this chapter and the countywide traffic performance standards ordinance;

(7)

Furtherance of the city's goals for redevelopment; and

(8)

Pending code revisions that may be inconsistent with the approved planned development ordinance, which may result in amendments to the approved planned development.

(c)

Exceptions.

(1)

This section shall not apply where a vested rights has been granted to a development, as set forth in section 34-62, in which case the development shall be subject to the vested rights determination.

(2)

This section shall not apply to rezoning, land use amendments, plat approvals or where a condition of approval requires differently.

(Ord. No. 2010-10-218, § 2(2-140), 4-7-2010; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022)

(a)

Zoning administrator. The zoning administrator shall administer and enforce this chapter. The planning and zoning department shall serve as the coordinating and central intake agency for all applications, petitions, or administrative actions sought in pursuance of this chapter. The zoning administrator shall interpret and apply the provisions of this chapter as minimum requirements for the promotion of the public health, safety, and welfare. This chapter is not intended to interfere with, abrogate, or annul any lawful easement, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction, the provisions of this chapter shall prevail.

(b)

Violations and enforcement. The zoning administrator or his/her designee shall have the authority to investigate alleged violations of this chapter by inspecting property, obtaining the signed statements of prospective witnesses, obtaining photographic documentation of violations, and performing such other activities as are lawful and necessary for the complete investigation of alleged zoning violations. Such designee may be a planner, code enforcement officer or other persons employed by the city. Where it is determined that a violation of this chapter exists, the zoning administrator or his/her designee shall issue a violation and order compliance. The zoning administrator or his/her designee may order discontinuance of an illegal use of land, buildings, or structures; removal of illegal buildings or structures, or additions, alterations, or structural changes thereof; or discontinuance of any illegal work being done. If a violation of these regulations continues, the city may commence appropriate legal action.

(c)

Cease and desist orders. The zoning administrator or his/her designee shall have the authority to issue cease and desist orders to the appropriate property owner or individual whenever a violation of this chapter has been committed or exists.

(d)

Zoning compliance.

(1)

Zoning compliance. Compliance with all applicable regulations of this chapter shall be determined by zoning administrator prior to issuance of a building permit to allow the construction, renovation, alteration, addition to, or moving of any building or structure. Such compliance shall be required to establish or change a use of an existing or proposed structure. The proposed construction of improvements and the proposed establishment or change of use necessitating a review for zoning compliance must conform to the requirements of this chapter and must be consistent with the comprehensive plan.

(2)

Substantial compliance. The zoning administrator shall make the determination on minor modifications, revisions, or alterations of plans and conditions of approval are in substantial compliance to a previously approved plan, or condition of approval. An applicant seeking a determination of substantial compliance shall file an application on a form approved by the administrative official accompanied by the required fee and documents necessary to make the determination. The determination shall be based on the modification, revision, or alteration of the plan or condition:

a.

Does not result in noncompliance of any regulations of this chapter.

b.

Does not increase a previously approved variance or require any waiver of this chapter.

c.

Does not significantly change the intent or purpose of the development, or create any detrimental impacts to the surrounding properties, the commencement or completion of the development, or over burden of city services or utilities.

(e)

Certificate of use (C.U.) required.

(1)

No structure, other than a single-family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land, body of water, or structure, without first obtaining a certificate of use therefore from the city.

(2)

Said certificate of use shall be required for each individual business and each multifamily building located within the city. In the event there is a question as to the legality of a use, the administrative official may require inspections, affidavits and such other information he/she may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued.

(3)

The city shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid C.U., and to ensure compliance with the terms and conditions under which a C.U. was issued.

(Ord. No. 2010-10-218, § 2(2-150), 4-7-2010)

Certain buildings, structures, improvements and installations are exempted by the Florida Building Code from building permit issuance, but must otherwise comply with the minimum requirements of this chapter. Therefore, such buildings, structures, improvements and installations shall be subject to review under the zoning improvement permit (ZIP) standards contained in this section, as well as the regulations of the underlying zoning district.

(1)

Authorized zoning improvement permits. The zoning administrator shall be authorized to approve, approve with conditions, or deny a ZIP for the following buildings, structures, improvements and installations:

a.

Above ground pools that contain water over 24 inches deep;

b.

Agricultural/farm buildings and non-habitable structures on bona fide farms;

c.

Canopy carports, canopy and other fabric covered framework installed on residential properties;

d.

Chickee huts constructed by Miccosukee or Seminole Indians;

e.

Chainlink fences, picket fences, ornamental iron fences and other fences installed on residential property that are deemed non-wind resistant; provided, however, any pool safety barrier fence and any fence with concrete columns shall require a building permit;

f.

Decorative reflective pools and fishponds that contain water less than 24 inches deep, that contain less than 250 square feet in area, and contain less than 2,250 gallons in volume;

g.

Decorative garden-type water fountains and other similar hardscape features;

h.

Parking lot refurbishing - resurfacing, re-striping or seal coating, and paving and drainage of existing parking lots;

i.

Portable mini-storage unit, subject to the conditions and limitations of section 34-312;

j.

Donation bins, recycling bins, mobile medical and professional units in accordance with section 34-312;

k.

Anchoring, mooring, docking or storage of a houseboat;

l.

The administrative official shall have the authority to require ZIP review for other buildings, structures, improvements and installations that are newly created or come about by changes in the state or local building codes; or other improvements deemed necessary for approval.

(2)

Applications. Applications for a zoning improvement permit shall be made on a form approved by the city's building and code compliance department, and shall be accompanied by a plans necessary to fully advise and acquaint the issuing department with the location and use of the buildings, structures, improvements and installations. In the event any portion of the subject property is contiguous to or across the street from a municipal boundary, applicant shall submit a boundary survey performed in accordance with F.A.C. 61G17-6.0031.

(Ord. No. 2010-10-218, § 2(2-160), 4-7-2010)

No building or structure shall be moved from one lot or premises to another, unless such building or structure shall thereupon be made to conform with all the provisions of this chapter relative to building or structures hereafter erected upon the lot or premises to which such buildings or structures shall have been moved.

(1)

Permit required. A building shall not be moved on, across or along a public highway without a permit being obtained from the zoning department and the department of public works. A building to be moved shall be routed over highways and bridges as directed by the director of public works.

(2)

Bond required. The administrative official is hereby authorized to require any person applying to obtain a permit to move a building or structure from one lot or premises to another, to post a bond, in either cash or surety company bond, in an amount to be determined by the director of public works, to be posted with the zoning department. At a minimum, the sum of $5,000.00. Said bond shall be conditioned upon the applicant's compliance in all respects with the building and zoning codes pertaining to the area on which such a building shall have been moved.

(Ord. No. 2010-10-218, § 2(2-170), 4-7-2010)

(a)

Whenever it shall be made to appear to the city manager that it is in the public interest to make a comprehensive determination as to whether existing city zoning districts applying to a portion of the area of the city are appropriate, whether the regulations that apply to particular districts of the city should be studied, or that it is in the public interest to make a comprehensive determination as to whether the existing city comprehensive master plan as it applies to a portion of the area of the city is outdated and of little or no use in formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts are compatible with existing or proposed growth patterns and land uses, the city manager shall immediately issue an administrative order delineating the area in question and prohibiting the consideration by any city department or agency of any zoning amendment, modification, variance, special exception or other zoning change.

(b)

Any administrative order issued pursuant to subsection (a) of this section shall be complied with by all city departments and shall be effective until reversed, modified or superseded by order of the city council.

(c)

Immediately upon issuance of any administrative order pursuant to subsection (a) of this section, the city manager shall notify the city clerk of, whose duty it shall be to place the matter before the city council for consideration and review following a public hearing as soon as is reasonably practicable. The clerk shall give reasonable notice by publication in a newspaper of general circulation in the county of the public hearing, which he/she has scheduled before the city council.

(d)

At the public hearing the city council shall inquire into the propriety of a moratorium and may reverse, modify or supersede any moratorium ordinance previously issued. The council's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts.

(e)

Should the city council determine that a moratorium is reasonably necessary, it shall approve an ordinance imposing a moratorium and direct that no development orders be issued within the affected area. The council's ordinance shall fix a time within which the city manager shall report back to the council with his/her recommendation relating to appropriate recommendations for the affected area. The said time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area. Should the city manager be unable to report back to the council within the time prescribed by its moratorium ordinance, upon timely request by the city manager and after public hearing on the need therefore, the council may reasonably extend the time limitation.

(f)

Upon the submission of the city manager's report and recommendations to the city clerk, the clerk shall call a public hearing thereon before the council at the earliest practicable time, after reasonable notice by publication in a newspaper of general circulation in the county. After said public hearing the council shall make its determination as to whether the zoning districts shall remain the same or shall be changed. Should the council determine that the zoning districts shall remain the same, it shall immediately enact an ordinance terminating the moratorium. Should the council determine that no amendments are required, it shall enact an ordinance continuing the moratorium and shall immediately take the actions required elsewhere within this chapter for such changes.

(g)

Upon the completion of all zoning district changes relating to the affected area, the council shall issue an ordinance terminating the moratorium.

(h)

If any planning study performed by the department, or a specially hired or appointed city agency or consultant, indicates the necessity for zoning changes, the city may restrict the issuance of development orders until such changes have been finally considered by the council.

(i)

Exceptions. Notwithstanding the issuance of any moratorium order, the city manager may authorize the issuance of permits for non-deleterious items including, but not limited to, fences, repairs and like matters, where he or she determines that such permit will not affect the outcome of the study; provided, however, that with regard to any particular moratorium the city council may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for exemptions in the city manager or any city administrative or quasi-judicial body or council.

(j)

Variances, special exceptions and zoning changes. During the existence of any moratorium, no applications for variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations within the affected area shall be acted upon by any city department, except as provided in section 34-57, or unless otherwise specifically provided by the city council by ordinance with regard to a specific moratorium.

(Ord. No. 2010-10-218, § 2(2-180), 4-7-2010)

(a)

Purpose and intent. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these regulations and subsequent amendments hereto, which do not conform to the requirements of these regulations. Many nonconformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the city. It is the city's intent to bring about the eventual improvement of the landscaping and buffering requirements within five years of effective date of adoption of the LDRs, as set forth in article XIV of this chapter, in order to preserve the integrity of these regulations and the character of the city.

(b)

Applicability. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of the ordinance from which this chapter is derived and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these regulations or any subsequent amendment to these regulations may be continued or maintained only in accordance with the terms of the following provisions regarding nonconformities.

(c)

Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area, lot area or both that it occupied on the effective date of these LDRs or the effective date of any amendment to the ordinance from which this chapter is derived rendering such use nonconforming, except as follows:

(1)

Development determined to have vested rights pursuant to section 34-62 are not subject to the limitation on expansion in this subsection.

(2)

The nonconforming structure shall not be expanded, enlarged, or increased beyond 25 percent of the existing gross floor area of the building; providing that all other nonconformities either created as a result of the expansion or existing shall be brought into conformity to the best extent physically possible as set forth in section 34-59.

(3)

The nonconforming use shall not be expanded, enlarged, to as to increase the degree of nonconformity of the use by adding related principal uses or accessory uses.

(4)

Where such alteration or modifications are interior to the structure and do not create any additional gross floor area.

(d)

Discontinuation or abandonment of a nonconforming use. If a nonconforming use is discontinued or abandoned, for a period of 180 consecutive days, including any period of discontinuation or abandonment before the effective date of these regulations, then that use or structure shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to all applicable district regulations to the best extent physically possible as set forth in section 34-59.

(e)

Change of use. A nonconforming use may be changed to a permitted use, related permitted use or special exception use for the zoning district in which the property is located as set forth subject to the review and approval requirements of the appropriate zoning district.

(f)

Ordinary repair and maintenance. Ordinary repairs and maintenance may be made to a nonconforming structure. The administrative official shall determine what constitutes "ordinary repairs and maintenance," in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in a change of occupancy of the structure or contravene or circumvent other provisions herein.

(g)

Destruction of not more than 50 percent of cost of replacement. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition which existed immediately prior to the event does not exceed 50 percent of the cost of replacing the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured and reconstruction is started within 365 days from the date of the damage, and such reconstruction is diligently pursued to completion prior to the expiration of building permits.

(h)

Destruction exceeding 50 percent of cost of replacement. If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition existing immediately prior to the event exceeds 50 percent of the cost of replacing the entire structure, then the structure shall not be restored unless the structure as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located.

(Ord. No. 2010-10-218, § 2(2-190), 4-7-2010)

(a)

Alterations or enlargements. Except as provided in this article, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that:

(1)

The enlargement or alteration itself conforms to the requirements of these regulations;

(2)

The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and

(3)

Where an alteration or enlargement results in the site improvement being altered or re-configured, the development site shall be improved in compliance with this chapter; unless a certificate of nonconformity is obtained in accordance with this section.

(b)

Vested rights. This section shall not bar an alteration or enlargement which is authorized by section 34-62, concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested.

(c)

Certificate of legal conformity. A property owner may file an application to the administrative official for a certificate of legal conformity determination. Such determination shall be made by the administrative official after consideration and review of plans that demonstrate that the development is or will be improved to the best extent physically possible to comply with all applicable regulations of this chapter. Best extent possible shall mean, but not be limited to, the extent to which compliance with a code requirement does not create, result, or increase another nonconformity. The administrative official may also grant a certificate of legal conformity upon a determination by said official that the financial costs of compliance will unreasonably exceed the public benefits of compliance. The city shall establish administrative guidelines for the review and issuance of a certificate of legal conformity for site improvements that become nonconforming as of the effective date of adoption of the land development regulations. Said guidelines may be revised, amended, and modified administratively from time to time.

(d)

Certificate of legal conformity for landscape and buffer requirements. A property owner may file an application to the administrative official for a certificate of legal conformity determination as to compliance with the provisions of article XIV, minimum landscape and buffering requirements; fences; walls; hedges. Such determination shall be made by the administrative official after consideration and review of plans that demonstrate that the development is or will be improved to the best extent physically possible to comply with all applicable regulations of this chapter. Best extent possible shall mean, but not be limited to, the extent to which compliance with a code requirement does not create, result, or increase another nonconformity. The administrative official may also grant a certificate of legal conformity upon a determination by said official that the financial costs of compliance will unreasonably exceed the public benefits of compliance. The administrative official may also grant a certificate of legal conformity upon a determination by said official that the financial costs of compliance will unreasonably exceed the public benefits of compliance. The administrative official shall establish administrative guidelines for the review and issuance of a certificate of legal conformity for landscape and buffer requirements that become inconsistent as of the effective date of adoption of the land development regulations. Said administrative guidelines may be revised, amended, and modified from time to time by the administrative official.

(Ord. No. 2010-10-218, § 2(2-200), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)

A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform to all requirements for the district to which such structure is moved. The moving of the structure also shall comply with the requirements of other applicable city regulations.

(Ord. No. 2010-10-218, § 2(2-210), 4-7-2010)

(a)

Nonconforming lots of record may be utilized for any permitted use within the applicable zoning district, provided that all such use and all development shall comply with all regulations of this chapter, other than those regulations applicable to lot size and dimension which are nonconforming.

(b)

When two or more contiguous, vacant, nonconforming lots of record are in a single ownership, if such lots are subdivided, they shall only be subdivided in such manner as will make them both conforming.

(Ord. No. 2010-10-218, § 2(2-220), 4-7-2010)

Except if allowed to continue as a nonconforming use under sections 34-58 through 34-61, all existing, proposed and new development or redevelopment and uses of land in the city shall conform strictly to the provisions of these LDRs. Except as expressly provided in these LDRs, no development and use of land shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of these LDRs. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation or enforcement of these LDRs shall not stop or otherwise prevent the city from strict enforcement of the provisions of these LDRs. A zoning classification or a rezoning does not guarantee or vest any specific development rights.

(1)

Exceptions for vested rights determination. Nothing in this chapter shall be construed or applied to abrogate the vested right of a property owner to complete development where it is determined that the property owner demonstrates each of the following:

a.

The provisions of this chapter, and any amendments hereto, shall not affect development which has obtained a final development order from the city after January 1, 2009, but before adoption hereof of the LDRs and is otherwise exempted in accordance with the provisions of subsection (3) of this section;

b.

That the property is a single-family residential lot, duplex, or townhouse unit that has been granted a non-use variance or waiver prior to the effective date of the adoption of the land development regulations.

(2)

Vested rights determination. Except as provided in subsection (1) of this section, any property owner claiming to have vested rights under this section must file an application in a form approved by the administrative official for a vested rights determination within two years after the initial effective date of this chapter (as to any claim of vested rights prior to initial adoption) or within one year after an amendment of this chapter (as to any claim of vested rights arising after the initial adoption of this chapter and prior to the amendment). The application shall be accompanied by a fee, and contain a sworn statement as to the basis upon which the vested rights are asserted together with documentation required by the city and other documentary evidence supporting the claim. The administrative official shall review the application and based upon the evidence submitted shall make a determination within 90 days as to whether the property owner has established vested rights.

a.

Appeals. The administrative official's decision shall be subject to appeal, by only the applicant for vested rights determination, to the zoning appeals board as an appeal of an administrative interpretation. Such notice of appeal filed shall be filed with the administrative official within 30 days after the administrative official's written decision.

b.

Vested rights determination agreement. The administrative official is authorized to enter into a vested rights determination agreement describing the applicable development criteria pursuant to which rights are vested, to clearly guide future development. In the event that vested rights are found to exist to complete development in accordance with prior governmental approval, under circumstances in which certain ancillary components of a proposed development are not vested, the administrative official may administratively grant variances concerning such ancillary components, so long as the administrative official finds such variances are compatible with surrounding uses and structures and necessary to fairly implement the vested rights.

c.

Where there is a proffered declaration of restrictive covenant on a property where it is determined that there are no vested rights, the administrative official release, modify, or revise the covenant appropriately either administratively or by action of the city council.

(3)

Vested rights by judgment. Any property owner claiming to have vested rights under this section, by virtue of:

a.

A court judgment rendered by a court of competent jurisdiction;

b.

County vested rights determination; or

c.

State department of community affairs vested rights determination may follow the simplified procedure authorized by this subsection in lieu of the procedure provided by subsection of this section. The procedure under this subsection (3) shall be as follows:

1.

Application. The property owner claiming such vested rights shall file an application with the administrative official for a vested rights determination within 120 days after the effective date of this chapter. The application shall be accompanied by a fee determined by the administrative official and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation of the applicable qualifying items in subsections a—c of this section or required by the city and other documentary evidence supporting the claim. The administrative official shall review the application, and based upon the evidence submitted shall make a determination, within 60 days, as to whether the property owner has established vested rights. Vested rights applications pursuant to the criteria of this subsection shall be presumed to exist, upon submittal of the qualifying items in subsections (3)a—c of this section, unless clear and convincing evidence shows that vested rights have been waived, have expired or are not applicable, in whole or in part.

2.

Vested rights determination agreement. The administrative official is authorized to enter into a vested rights determination agreement describing the applicable development criteria pursuant to which rights are vested, to clearly guide future development. In the event that vested rights are found to exist to complete development in accordance with prior governmental approval, under circumstances in which certain ancillary components of a proposed development are not vested, the administrative official may administratively grant variances concerning such ancillary components, so long as the administrative official finds such variances are compatible with surrounding uses and structures and necessary to fairly implement the vested rights.

3.

Appeals. The administrative official's decision shall be subject to appeal, by only the applicant for vested rights determination, to the zoning appeals board as an appeal of an administrative interpretation by notice of appeal filed with the administrative official within 30 days after the administrative official's written decision.

4.

Exception. The provisions of this chapter shall not affect development for which a building permit has been issued on or before the effective date of the initial adoption of this chapter (unless issued during the period of zoning in progress under circumstances under which compliance with this chapter was noted as a permit condition), provided that such building permit was lawfully issued and remains in full force and effect and the approval has not expired as set forth in section 34-53. Upon completion of such development, the development will be subject to the provisions of this chapter except as otherwise provided herein.

(4)

Failure to file for vested rights determination. Failure to file for a vested rights determination within the specified time periods set forth in this section shall be construed as a waiver of vested rights for said development.

(5)

Landscaping and buffering requirements. A development that has been determined to have vested rights shall be in compliance with the landscape and buffering requirements within five years, as set forth in article XIV of this chapter.

(6)

Standards. In order to establish vested rights pursuant to this section the applicant shall establish the following:

a.

The property owner has relied in good faith upon some act or omission of the city prior to January 1, 2009, or act or omission of the county occurring prior to incorporation of the city, and has made such a substantial change in position or incurred such extensive obligations and expenses to his detriment that it would be highly inequitable to deny relief; or

b.

The applicant has the right to complete development pursuant to F.S. § 163.3167(8) because a development permit issued from the city or county, and development has lawfully commenced on the property for which the applicable development permit has been issued and is continuing in good faith. The development permit must have been issued prior to the adoption of the ordinance from which this chapter is derived which the applicant contends should not be strictly applied to him because of vested rights. Good faith reliance shall not include ignorance or unawareness of the law.

(Ord. No. 2010-10-218, § 2(2-230), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011)

(a)

Applicability, substantial compliance. Where there has been a final development order issued any modification, deletion, amendment or revision to the development order as it impacts the approved plans, declaration of restrictive covenants, or any other condition of approval an applicant may request a substantial compliance determination of which, if granted shall not require the modification, deletion, amendment, or revision to be granted as otherwise required in this chapter.

(b)

Application substantial compliance determination. Prior to any modification, deletion, amendment or revision to the final development order as it impacts the approved plans, declaration of restrictive covenant, or any other conditions of approval an applicant may file an application in a form approved by the administrative official for a substantial compliance determination. The application shall be accompanied by a fee, and contain a statement as to the basis upon which the substantial determination are asserted together with documentation required by the city and other documentary evidence supporting the claim. The administrative official shall review the application and based upon the evidence submitted and the review criteria set forth in this section shall make a determination within 30 days as to whether the request is substantial in compliance with the original approval.

(c)

Criteria for review of substantial compliance determination request. Upon direct application in specific cases for a substantial compliance determination the administrative official may grant approval, approval with conditions, or deny the request after consideration of the following:

(1)

The requests is consistent with the basic intent and purpose of the land development, subdivision and other regulations set forth in this chapter, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. The request will not be detrimental to the community;

(2)

The request will have a significant adverse effect upon the value of properties in the immediate vicinity;

(3)

The requests changes the community design, architecture, or layout and orientation of buildings, open space, or amenities that is inconsistent with and deleterious to the aesthetic character of the immediate vicinity;

(4)

The requested increases the density, massing, intensity F.A.R. or height, or decreases the dimensional requirements or numerical requirements, or changes the use of the subject property that it represents an obvious and significant departure from the original approval and/or the established development pattern of the immediate vicinity which will have a deleterious effect on its community character;

(5)

The request may result in a substantial degradation of localized traffic patterns or a substantial adverse impact on the roadway network;

(6)

The request may result in a unmitigated demands on potable water, sanitary sewer, or stormwater treatment systems which exceed the capacity of those systems;

(7)

The request creates a new or continued and substantial risk to human life or safety or to the environment, or a nuisance.

(d)

Appeals. The administrative official's decision shall be subject to appeal, by only the applicant for substantial compliance determination, to the zoning appeals board as an appeal of an administrative interpretation. Such notice of appeal filed shall be filed with the administrative official within 30 days after the administrative official's written decision.

(Ord. No. 2010-10-218, § 2(2-240), 4-7-2010)

The city council may, from time to time, adopt overlay zoning districts and master development plans for specific corridor areas and intersections for the purpose of establish development and design guidelines consistent with the purpose and intent of land development regulations. Designated master plan areas shall be subject to review under the development guidelines.

(Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)