(a)

Purpose and intent. This article is intended to aid in the coordination of land development in the community in accordance with orderly physical patterns and to implement the master plan, or parts, thereof, and such zoning regulations and other measures in furtherance of such master plan as may have been or may hereafter be adopted. The public health, safety, comfort, and welfare requires the harmonious, orderly, and progressive development of land within the city. It is the further intent of this article to secure:

(1)

The establishment of standards of subdivision design which will encourage the development of sound and economically stable communities, and the creation of healthy living environments.

(2)

The efficient, adequate and economic supply of utilities and services to land developments.

(3)

The prevention of traffic hazards and the provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments.

(4)

The provision of public open spaces in land developments for recreational and educational purposes.

(b)

Applicability.

(1)

No person, firm, corporation or any other association, shall create a subdivision of a tract of land anywhere in the city except in conformity with this chapter.

(2)

No tentative or final plat containing any restriction of any nature based on race, ethnicity, national origin, religion, sexual orientation or gender shall be submitted by a subdivider or presented to the plat division of the appropriate authority or the governing body for approval.

(c)

Plats and platting, recording; exceptions. Whenever land is subdivided a plat must be recorded, except that the recording of a plat will not be required if:

(1)

The subdivision involved consists only of the dedication of a road, highway, street, alley or easement, and due to unusual conditions and circumstances, the administrative official finds that it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be required by deed, and may be subject to compliance with such conditions the administrative official deems appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the governing body. Posting of bond or other surety acceptable to the city may be required.

(2)

The land to be subdivided is to be divided into no more than six lots, and because of:

a.

Unusual conditions created by ownership or development of adjacent lands;

b.

The isolation or remoteness of the land concerned in relation to other platted or improved lands; or

c.

Improvements and dedications existing on the land substantially in accordance with the requirements of this chapter, the administrative official determines that waiving the requirement for platting would not conflict with the purpose and intent of this article.

In lieu of platting, the administrative official may require any dedications, reservations, or improvements required in connection with platting under this article, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this chapter.

(3)

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

(4)

A parcel of land conveyed by a recorded warranty deed that is dated prior to January 1, 1958, the effective date of the county Code provisions in effect prior to the adoption of these regulations; provided, however, that the parcel may be diminished in size as a result of a public dedication of any portion of that parcel.

(d)

Procedure for waiver of plat.

(1)

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

(2)

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

(3)

The waiver of plat survey shall be prepared by a professional surveyor and mapper licensed in the state, and shall bear the embossed seal of the surveyor and mapper.

(4)

The application for waiver of plat survey shall include the following items, unless waived by the administrative official:

a.

Legal description of the parent tract.

b.

Legal description of each lot to be created.

c.

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

d.

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

e.

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

f.

Date of field survey, north point and graphic scale.

g.

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

h.

The proposed lot lines with dimensions.

i.

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

j.

Existing easements or restrictions shown on underlying plat shall be shown.

k.

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

(5)

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

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

(a)

Whenever any zoning hearing for a district boundary change within the city is initiated by the city, the administrative official may order that no tentative plat or waiver of plat, pertaining to any or all property involved in the application, shall be acted upon or approved until the hearing upon said application has been finally concluded in accordance with the provisions of this chapter. No such order shall issue unless the administrative official first determines that the processing and approval of tentative plats and waiver of plats would create a risk of land use contrary to the zoning which is most appropriate for the area. Said order shall not prevent processing and approval of a tentative plat or waiver of plat which would be permissible if the zoning application were to be granted.

(b)

Should the administrative official issue an order pursuant to this section, administrative personnel shall schedule the zoning application for the first public hearing date after appropriate legal notice. The administrative official's order shall expire upon final action upon the zoning application. If the application for zoning change is not decided at the hearing for which it is first scheduled, the zoning appeals board shall at said time decide whether the administrative official order shall remain in effect, and the Board shall review the continued effectiveness of the order at any subsequent hearing to which the application is deferred and not decided.

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

(a)

Any property owner claiming a vested right to obtain action upon or approval of a tentative plat or waiver of plat contrary to this section may submit an application for a vested rights determination in accordance to section 34-62.

(b)

The application shall have attached an affidavit setting forth the facts upon which the applicant bases his/her claim for vested rights. The applicant shall also attach copies of any contracts, letters and other documents upon which a claim of vested rights is based. The mere existence of zoning shall not vest rights.

(c)

The city, in addition to all review criteria set forth in section 34-62, shall review the application and determine whether the applicant has demonstrated an act of development approval by an agency of Metropolitan Miami-Dade County or the City of Miami Gardens upon which the applicant has in good faith relied to his detriment, such that it would be highly inequitable to deny the landowner the right to obtain action on or approval of a tentative plat.

(d)

Any appeal of the city's determination shall be made following the procedures outlined in section 34-46.

(e)

The provisions of this section shall not prohibit the zoning appeals board from considering the issue of vested rights during other hearings where such rights are in issue, provided that a decision upon a claim of such rights shall be a final determination thereof and further administrative hearings thereon shall be neither required nor permitted.

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

No plat of any subdivision shall be recorded in the office of the clerk of the circuit court until it is approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be stricken from the record upon application of the city council.

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

(a)

Any changes, erasures, modifications or revisions to an approved plat prior to recordation may only be made by the city and the county plat division to correct scriveners errors, reflect accurate legal descriptions and locate right-of-way dedications, drainage ways and easements.

(b)

No changes, erasures, modifications or revisions to an approved plat prior to recordation shall be made unless resubmitted for new approval provided, however, that the city may, after public hearing change, modify or revise dedicated road rights-of-way or drainage easements.

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

(a)

Preliminary conference. The subdivider or his/her engineer, or professional surveyor and mapper, prior to the preparation of the tentative plat, may informally seek the advice of the administrative official in order that to become familiar with the subdivision requirements and with the provisions of the master plan affecting the territory in which the proposed subdivision is located.

(b)

Tentative plat. The tentative plat shall show on a map all of the facts and data required by the various departments to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest.

(1)

Required information. The following information shall be part of the tentative plat unless waived by the administrative official.

a.

Proposed subdivision name and identifying title and the name of the city and the section, township and range.

b.

Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features.

c.

The names of all subdivisions immediately adjacent.

d.

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

e.

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

f.

The width and location of any street or other public ways or places shown upon the official map or the master plan, within the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer.

g.

Date of field survey, north point and graphic scale.

h.

Legal description and plan of proposed layout made and certified by a professional surveyor and mapper licensed in the state.

i.

The proposed lot lines with approximate dimensions and in the case of odd or irregularly shaped lots, suggested location of building setback lines.

j.

Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part will be required, and the street system of the unsubmitted part will be considered in the light of adjustments and connection with the street system of the plat submitted.

k.

A plat application signed by the owner and notarized on the form prescribed by the plat division of the appropriate authority.

l.

The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions.

m.

A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way.

(2)

Additional requested information. The following information shall be submitted in addition to the tentative plat if requested by the administrative official.

a.

The names of owners of record of immediately adjacent property.

b.

Any changes in the use, height, area, zoning districts or other regulations applicable to the area to be subdivided, and any boundaries of such districts, affecting the tracts; all parcels of land proposed to be dedicated to public use and the conditions of such dedications.

c.

Typical cross-section of the proposed grading and roadways or sidewalks and topographic conditions.

d.

Location of closest available subdivision or public water supply system.

e.

Location of closest available subdivision or public sewage disposal system.

f.

Provisions for collecting and discharging surface drainage.

g.

Preliminary designs of any bridges or culverts which may be required.

h.

A boundary survey.

i.

If required by these regulations or if proposed by the subdivider, the proposed location of any type of sidewalks, street lighting standards and species of street trees, the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof, the character, width and depth of pavement and sub-base, and the location of manholes and basins and underground conduits.

j.

The boundaries of proposed permanent utility easements over or under private property. Such easements shall provide satisfactory access to an existing public highway or other public open space shown upon the layout. Permanent drainage easements shall also be shown.

k.

All dimensions affecting public rights-of-way and proposed dedication of the public rights-of-way shall be established by a professional surveyor and mapper licensed in the state and shown on the grading and drainage plan accompanying approved and valid tentative plats when said plan is submitted for approval, with the same degree of accuracy as, and identical to, the corresponding dimensions shown on the final plat.

l.

A copy of owners' deed or a current opinion of title from any attorney authorized to practice law in the state.

(3)

Filing copies of tentative plat and plat application. The subdivider shall file such copies as may be required by the administrative official, together with the plat application.

(4)

Checking and investigating. The subdivider shall pay such fees as may be prescribed by the city and city's professional surveyor and mapper of record for checking the tentative plat and investigating such matters concerning it as may be required by law and this article.

(5)

Approval of tentative plat. Upon review by city for compliance with Florida Statutes, and this chapter, the administrative official shall issue a letter indicating tentative approval and any conditions the tentative plat shall be subject to, and shall confer upon the subdivider the right for a nine month period from the date of approval that the terms and conditions under which the tentative approval was granted will not be changed if the final plat is in accordance with the tentative approval.

(6)

Appeal of the city's plat decision. Decisions of the administrative official may be appealed within 14 days to the zoning appeals board as an appeal of an administrative determination as set forth in section 34-46. The 14-day appeal period provided herein shall commence on the day after notification that the city has taken action on the particular matter, such notification to be given by the city through the posting of a short, concise statement of the action taken on a conspicuous bulletin board that may be seen by the public at reasonable times and hours in the office of the planning and zoning department. Where the 14th day falls on a weekend or legal holiday the appeal period shall be deemed to extend through the next business day.

(Ord. No. 2010-10-218, § 2(7-60), 4-7-2010)

(a)

Conformity to tentative plat. The final plat shall incorporate all changes or modifications as required to make the tentative plat conform to the requirements of this chapter. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the subdivider proposed to record and develop at the time, provided that such portion conforms with all requirements of this chapter and meets with the approval of the various departments concerned.

(b)

Preparation. The final plat shall be prepared by a professional surveyor and mapper licensed in the state. The final plat shall be clearly and legibly drawn, to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than one-eighth of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws dealing with the preparation of plats.

(c)

Contents.

(1)

Name of the subdivision. The plat shall have a title or name. The title of the plat shall identify the location of the plat as being within the city, and the applicable section, township and range. The administrative official shall disapprove any name or title upon a finding that it is sufficiently similar to the name of any previously approved plat in the city which may cause confusion as to the location of any platted property.

(2)

Deed description; description written on map or plat. There shall be written or printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat be a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

(3)

Names of adjacent subdivisions.

(4)

Names or numbers and width of streets immediately adjoining plat.

(5)

All plat boundaries.

(6)

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.

(7)

Section lines or other boundaries accurately tied to the lines of the subdivision by distance and bearing, as provided by state law.

(8)

Accurate location of all monuments.

(9)

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

(10)

Where lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.

(11)

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

(12)

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered, except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

(13)

Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; resubdivision of parcels as "platted," and restrictions of similar nature.

(14)

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.

(15)

The dimensions of all lots and angles or bearings.

(16)

Minimum building setback lines.

(17)

Location, dimension and purpose of any easements.

(18)

Certification by a professional surveyor and mapper licensed to practice in the state as to the accuracy of the monuments shown thereon, and their location.

(19)

An acknowledgment by the owner of the land being platted, and a dedication statement identifying the dedication of streets and other public areas and the designated purposes therefore, and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, the purpose of closing must be stated on the plat.

(20)

The signature and seal of the city. Where property is being replatted, the signatures of the city council shall be affixed or denied pursuant to the procedures established in F.S. § 177.101 (1971), unless the vacation of prior plats has previously been validly accomplished.

(d)

Other data required with plat.

(1)

Restrictive covenants desired by the developer so long as they do not violate existing ordinances. Restrictive covenants shall be required covering the same restrictions controlling building lines, establishment and maintenance of buffer strips and walls, and restrictions of similar nature.

(2)

The face of the plat (or certification from a professional surveyor and mapper licensed in the state, on a separate sheet, not to be recorded in the public records) shall show the Florida State Plane Coordinates (current readjustment) of at least two of the permanent reference monuments shown on the plat. This requirement may be waived by the administrative official if:

a.

Any portion of the land encompassed by the plat is more than one mile from the nearest station shown on the list on file in the county public works department's survey office, as updated; or

b.

All stations within one mile of the plat have been lost.

A copy of the certified corner record (as defined in F.S. 177.503 (1993)), for the corners used shall be provided with the final plat.

(3)

Current opinion of title from any attorney authorized to practice law in the state.

(4)

Certification from the city and county that all taxes and assessments have been paid on the land within the proposed subdivision or receipted tax bills.

(5)

Clerk's fees for recording the plat.

(6)

The city shall be submitted a statement to the county's plat division certifying that all required improvements within the public right-of-way have been completed or that the city is holding sufficient bond or other surety for the completion of the improvements. The certification shall also state that the plat appears to conform to all of the requirements of the county's platting regulations. Failure of the county to act on said plats within 45 days of the acknowledged receipt of the plat shall be deemed an approval of the plat.

(7)

No plat shall be recorded in the clerk's office until the plat is signed by the director of the county department of public works, certifying that the plat appears to conform to all of the requirements of this chapter. A certification of the director of the county department of public works need not appear if the administrative official submits an affidavit to the clerk stating that the county has not acted on said plat within 45 days of the acknowledged receipt of the subject plat.

(e)

Final approval; rejection, for plats. Approval of plats by the city shall not be final until adopted by resolution of the zoning appeals board. A plat shall not be denied if the plat complies with this chapter. After approval has been given as provided in this article, the administrative official shall inform the subdivider, or agent, as the case may be, that the plat has been given final approval and is ready for recording. In the event the plat has been rejected, the administrative official will so notify the subdivider or agent in writing with all reasons for such rejection.

(f)

Fees for plats. The city shall charge and collect fees for subdivision platting at the rates established by city council.

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

(a)

Building permits, issuance. No building permit shall be issued for construction of any improvements on a parcel that was not legally created in compliance with these regulations, except that permits may be issued for a construction trailer or sale office trailer, single-family homes and townhouses to be used as models, entrance features, perimeter walls, lift stations and commercial and industrial buildings, provided that the developer complies with the following requirements.

(1)

For construction trailer or trailer used as sales office. No permits will be approved until at least a tentative plat has been approved and the county plat committee and the city's public works department have reviewed and permitted paving and drainage plans. In addition, no permit shall be issued unless the trailer complies with the department of environmental resources management's requirements for providing potable water and sanitary facilities.

(2)

For permanent buildings to be used as single-family or townhouse models. Permits for models will be approved when:

a.

The tentative plat has been approved by the county plat committee and is current.

b.

Paving and drainage plans have been approved by the city's public works department.

c.

All the department of environmental resources management's requirements, including the approval of water and sewer extension plans are complied with.

d.

A letter signed by the property owner has been submitted to the city's planning and zoning department, requesting the construction of models prior to final plat recording. The letter shall include the number of models being requested (only one of each model will be allowed, or only one townhome building) together with the lot and block numbers for each such model. The letter shall state that the owner understands and agrees that the model home shall not be occupied until the plat is recorded in the public records and that the penalty for violation of this occupancy prohibition shall be the demolition of the model. The letter shall also state that the owner agrees and shall release and hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature and kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the models, will cause a copy of the owner's letter to be placed in the plat file.

e.

No certificate of occupancy shall be issued for any model until after the final plat is recorded except that a temporary certificate of occupancy may be issued by the planning and zoning department.

(3)

Entrance features, perimeter wall and lift station. Permits may be issued after tentative plat approval by the county plat committee and receipt of a letter signed by the owner requesting the permit prior to final plat recording and releasing and holding the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature or kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the request, will cause a copy of the owner's letter to be placed in the plat file.

(4)

For commercial and industrial buildings.

a.

The tentative plat has been approved by the county plat committee and is current.

b.

Only one building permit may be issued, on a site, and only one such permit may be issued within a subdivision.

c.

Paving and drainage plans (if required) shall have been approved by the city's public works department.

d.

At the time of request, there must be an active set of building plans pertaining to the site, with an active process number under the city's permitting system. The plans must have approvals from the following disciplines or an indication that such approvals are nonapplicable: building, department of environmental resources management, county fire, electrical, energy, impact fees, mechanical, planning, plumbing, public works and structural.

e.

A letter, signed by the property owner, has been submitted to the city's planning and zoning department, requesting the permit prior to final plat recording. The letter shall state the proposed lot and block or tract for such permit, and the owner's acknowledgment and agreement that no certificate of occupancy will be sought or allowed until after the final plat is recorded. The letter shall also state that the owner agrees and shall release and hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature or kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the request, will cause a copy of the owner's letter to be placed in the plat file.

f.

No certificate of occupancy for the subject structure will be issued until the plat is recorded.

g.

The issuance of the building permit shall not modify or affect the concurrency capacity of the underlying tentative plat in any way.

(5)

For permanent buildings to be used as single-family or townhouse production homes. Permits for single-family or townhouse production homes will be approved when:

a.

The tentative plat has been approved by the county plat committee and is current.

b.

Paving and drainage plans have been approved by the city's public works department.

c.

All DERM requirements, including the approval of water and sewer extension plans are complied with.

d.

The proposed final plat for the subdivision in which the production homes are to be located has been listed on an agenda for approval by the zoning appeals board.

e.

A letter, signed by the property owner, has been submitted to the administrative official, requesting approval of production homes prior to final plat recording. The letter shall state that the owner understands and agrees that the production home shall not be occupied until the plat is recorded in the public records and that the penalty for violation of this occupancy prohibition shall be the demolition of the production home. The letter shall also state that the owner agrees and shall hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature and kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the models, will cause a copy of the owner's letter to be placed in the plat file. The owner's letter shall be filed in the public records of the county. The recorded letter shall be effective only until the final plat is recorded and shall thereafter be deemed automatically withdrawn and of no further legal force or effect.

f.

No certificate of occupancy shall be issued for any production home until after the final plat is recorded except that a temporary certificate of occupancy may be issued by the planning and zoning department.

(6)

Right-of-way dedication.

a.

No permit shall be issued for a building or use on a lot, plot, tract, or parcel in any district until that portion of the applicant's lot, plot, tract, or parcel lying within the required official zoned right-of-way has been dedicated to the public for road purposes, and standard pavement improvements have been made, bonded for or an improvement agreement signed prior to building permit issuances except as otherwise provided in section 34-216. Any deviation from this section shall require an administrative variance or waiver pursuant to the provisions of section 34-50.

b.

Any lot, plot, tract or parcel under single ownership is exempt from the provisions of this section where that lot, plot, tract, or parcel:

1.

Is located outside the urban development boundary (as shown on the comprehensive development master plan);

2.

Is to be used only for agricultural or residential purposes; and

3.

Is not located adjacent to a zoned section line road.

c.

Where a site plan for a multiple-family housing development, apartment development, or apartment hotel development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the department, it shall be exempt from the provisions of this section, except that if full right-of-way dedications or improvements as required by the public works department are lacking, the same shall be provided or a non-use variance obtained.

(Ord. No. 2010-10-218, § 2(7-80), 4-7-2010)

The city shall withhold all public improvement of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted, in the manner prescribed herein.

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

(a)

Master plan and manual of public works construction. The developer shall plan all drainage for the subdivision in accordance with the master plan entitled "County Water-Control Plan," recorded in Plat Book 64, page 114 and in accordance with the flood criteria map, recorded in Plat Book 53, pages 68, 69, and 70, or as such plan and map may be changed or modified. The drainage plans shall be subject to approval of the public works department for compliance with such plan.

(b)

Permit to construct or alter drainage ways. No individual, partnership, or corporation shall construct, deepen, widen, fill, reroute, or alter any existing drainage way, ditch, drain, or canal without first obtaining a written permit from the city's public works department, county's department of public works and/or the county's department of environmental resources management. Plans for all such work shall comply with the manual of county's public works department, and all such work shall be done under the supervision and subject to the approval of the city's public work's department and county's department of public works and/or the county's department of environmental resources management. Rights-of-way for all such drainage works and maintenance thereof as prescribed by the manual of public works and construction and the county water control plan, must be dedicated to the use of the public, such dedication to be made prior to any such construction or alteration if so required by the city's public works department and county's public works department and/or the county's department of environmental resources management.

(c)

Rights-of-way and easements. Whenever any drainage way, stream, or surface drainage course is located or planned in any area that is being subdivided, the subdivider shall dedicate such stream or drainage course and an adequate right-of-way necessary for maintenance, future expansion and other purposes along each side of such stream or drainage course as is determined by uniform standards prescribed by the manual of public works construction.

(d)

Stormwater. Adequate provision shall be made for the disposal of stormwater subject to standards prescribed in the manual of public works construction.

(e)

Contour map and drainage of adjacent areas. A contour map shall be prepared for the area comprising the subdivision and such additional areas as may be required by the city's public work department and/or county's department of public works and/or the county's department of environmental resources management, necessary to include all watersheds which drain into or through the property to be developed, provided that this map of the adjacent areas may be prepared from existing maps or other data available to and acceptable by the city's public work department and/or county's department of public works and/or the county's department of environmental resources management. The design for drainage of the subdivision must be adequate to provide for drainage of adjacent water shed areas, and design of drainage structures must provide for drainage of adjacent water sheds after complete development of the total area. Where ditches and canals are required, rights-of-way shall be provided for future needs in accordance with uniform standards proscribed in the city's and county's manual of public works construction. Provided, however, that the developers may be permitted by the city's public work department and/or county's department of public works and/or the county's department of environmental resources management to excavate or open, or construct necessary drainage ways and structures only of sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent water sheds may so warrant as determined by the city's public works department and/or county's department of public works, and/or the county's department of environmental resources management.

(f)

Off-site drainage. Off-site drainage shall be mutually coordinated by and between the sub-divider, and the city's public works department. The city's floodplain management ordinance prohibits offsite drainage. DERM only allows this when needed through a DERM Class II permit.

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

(a)

Conformity with master site plan. If a master site plan has been adopted for such area, the proposed subdivision shall conform in principle with such master site plan.

(b)

Streets.

(1)

Conformance. The arrangement, extent, width, grade and location of all streets shall conform to the master plan, if one has been adopted for the area, and shall be considered in their relation to existing and planned streets, topographical conditions, to public conveniences, safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown on the master plan, the arrangement and the other design standards of streets shall conform to the provisions found herein.

(2)

Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.

(3)

Projection of street. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets.

(4)

Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land then the new streets shall be carried to the boundaries of the tract proposed to be subdivided where required to promote reasonable development of the adjacent lands or provide continuity of road systems.

(5)

Street jogs prohibited. Street jobs with center line offsets of less than 125 feet shall be prohibited unless because of unusual conditions the city and/or plat division determines that a lesser center line offset is justified.

(6)

Dead-end streets or cul-de-sacs. Dead-end streets or cul-de-sacs designated to be so permanently, shall not be longer than 600 feet, and at the closed end, a turnaround having an outside roadway diameter of at least 84 feet, and a street property line diameter of at least 100 feet, may be required. If a dead-end street is of a temporary nature a similar turnaround may be required, and provision made for future extension of street into adjoining property, as may be required by the plat division.

(7)

Marginal access streets. Where a subdivision butts on or contains an existing limited access highway, freeway, parkway or arterial street, marginal access streets or other such treatment as may be necessary for adequate protection of residential property and to afford separation of through and local traffic may be required.

(8)

Minor streets. Minor streets shall be so laid out that their use by through traffic shall be discouraged.

(9)

Railroad on or abutting subdivision. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, a street approximately parallel to and on each side of such right-of-way may be required, at a distance suitable for the appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of approach grade and future grade separation in accordance with uniform standards prescribed by the manual of public works construction.

(10)

A tangent of at least 100 feet long shall be introduced between reversed curves on arterial and collector streets.

(11)

When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance and safe turning movement in accordance with uniform standards prescribed by the county's manual of public works construction.

(12)

Streets shall be laid out so as to intersect as nearly as possible at right angles.

(13)

Property lines at street intersections shall be rounded with a radius of 25 feet. A greater radius may be prescribed by the city and/or county plat division in special cases in accordance with uniform standards prescribed by the city's or county's manual of public works construction. The county's plat division may permit comparable cutoffs or chords in place of rounded corners.

(14)

Street rights-of-way widths shall be as shown on the master plan or where not so shown shall be not less than as follows:

a.

Arterial: 100 feet right-of-way;

b.

Collector: 70 feet right-of-way;

c.

Minor, for apartments and residences: 50 to 60 feet right-of-way as may be determined in uniform standards prescribed by the county's manual of public works construction;

d.

Marginal access: 45 feet where required in residential areas; 50 feet where access is limited by a limited access highway, a railroad or canal; 70 feet in industrial subdivision;

e.

Minor for industrial areas: 70 feet right-of-way; unless because of unusual conditions the plat division determines that a lesser right-of-way width is justified.

(15)

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations, and where the administrative official finds it will be practical to require the dedication of the other half when adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tracts.

(16)

No street names or numbers shall be used which will be confused with or duplicate the names of existing streets. Street names shall be subject to the approval of the planning and zoning department as set forth in this article.

(c)

Alleys.

(1)

Alleys may be dedicated in commercial and industrial districts, except that the administrative official may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent and adequate for the uses proposed.

(2)

The width of any alley shall not be less than 20 feet.

(3)

Vacation and abandonment of rights-of-way, alleys, and/or platted easements, and nonplatted easements.

a.

Procedure. The vacation and abandonment of any rights-of-way, alleys and/or platted easements, and the reversion thereof to abutting property owners shall be accomplished only through the platting procedure as set forth in section 34-214.

b.

Nonplatted easements. Vacation and abandonment of nonplatted easements shall only be required to comply with requirements set forth in subsection (c)(5) below and subject to the review criteria set forth in subsection (4) below. Approval of such vacation and abandonment of non-platted easements shall be by resolution of the city council.

c.

Requirements. All tentative plats involving vacation and abandonment shall be reviewed for compliance with all technical requirements of this section, and including the following criteria:

1.

No tentative plat will be considered which includes only rights-of-way or easements to be vacated and closed. The properties on each side of the rights-of-way or easements to be vacated and closed shall be included in the plat, and all abutting property owners shall join in the plat and the disposition of the rights-of-way or easements shown.

3.

Where the subdivider requests the vacation and abandonment of a portion of the right-of-way connecting two streets, the subdivider shall provide a cul-de-sac specified in this article "design standards." The cul-de-sac shall be located fully within the property being platted. All property owners abutting the right-of-way between the two streets shall join in the abandonment of the plat and shall disclaim all right, title and interest in the portion of the right-of-way being abandoned.

4.

Where the subdivider requests the vacation and abandonment of a portion of an alley, the subdivider shall provide on his/her property, suitable access from the closed end of the alley to the nearest public street, or streets, as may required. All property owners abutting the alley shall join in the plat.

5.

Written consent to vacate and close the platted private easement(s), platted public easement(s) and/or platted emergency access easement(s) of the holder(s) of the easement(s), and for non-platted easements, (ii) written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement(s), and (iii) recommendations of approval from the police, public works, fire-rescue, planning and zoning, and building departments. The written consent that must be obtained from the holders of the easements, must specify that the holders of the easements consents to the vacation of the easements, must specify whether the holders of the easements have granted any type of interest in the easements to a third party, and must specify the third party's identity. In the event that a third party does have an interest in the easements, the applicant must also obtain the third party's written approval to vacate and close the easements. In addition, the applicant must submit an ownership and encumbrance search report prepared by a title company of the area encompassed by the easements that is to be vacated.

d.

Criteria for review. Further consideration for vacations and abandonment. In addition to review for technical compliance, the Development Review Committee (DRC) shall also consider the request for vacation and abandonment with respect to the following:

1.

Whether it is in the public interest to vacate or abandon the right-of-way or easement?

2.

Whether, the right-of-way or easement is being used including use by public service vehicles such as trash and garbage trucks, police, fire and/or other emergency vehicles?

3.

The adverse effect on the ability to provide police, fire or emergency services.

4.

Whether the vacation or abandonment negatively affects pedestrian and vehicular circulation in the area?

(d)

Easements.

(1)

Easements across lots (not including drainage) and, where possible, centered along lot lines shall be provided for utilities where necessary.

(2)

Where a subdivision is traversed by a watercourse, drainageway, or canal, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith in accordance with uniform standards prescribed by the manual of public works construction.

(e)

Blocks.

(1)

The length, width and shape of blocks shall be determined with due regard to:

a.

Provision of adequate building sites suitable to the special need of the type of use contemplated.

b.

Zoning requirements as to lot size and dimensions.

c.

Need for convenient access, circulation, control and safety of street traffic.

d.

Limitations and opportunities of topography.

(2)

Block length shall not exceed 1,500 feet, or be less than 400 feet, unless a lesser or greater length is requested by the subdivider and is deemed advisable because of unusual conditions by the administrative official.

(3)

In blocks 900 feet in length or over, pedestrian crosswalks not less than ten feet wide may be required to provide circulation or access to school, playground, shopping center, transportation, and other facilities.

(f)

Lots.

(1)

The lot depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated.

a.

Lot dimensions shall conform to the requirements of the article XI of this chapter.

b.

Each lot shall be provided, by means of a public street, with satisfactory access to an existing public street or in the case of units within a townhouse site, or cluster development, each lot shall be provided perpetual right of access by private street or roadway to an existing public street in accordance with the provisions of subsection (b) of this section.

c.

Double frontage or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. An appropriate buffer as set forth in section 34-446 shall be required along the rear property line, across which there shall be no right of vehicular access. This portion of the block line shall be shown as a limited access line on the final plat.

d.

Side lot lines shall, where possible, be substantially at right angles or radial to street lines.

(g)

Sidewalks. Sidewalks shall be designed and constructed in accordance with the manual of public works construction which shall require, but not be limited to the following:

(1)

Minimum width of sidewalks shall be five feet, except that along the following roads, sidewalks shall be a minimum six feet wide, and shall be of material and design approved by the public works department, which may include stamped concrete, pavers, or other acceptable materials:

a.

N.W. 2nd Avenue.

b.

N.W. 27th Avenue.

c.

N.W. 167th Street.

d.

U.S. 441/S.R. 7.

e.

Palmetto Expressway frontage roads.

f.

PCD district as set forth in section 34-590.

(2)

The minimum six-foot width requirement shall apply to properties on intersections along said rights-of-way for a distance extending 100 feet along the intersecting right-of-way, or the distance of which the property extends along such intersecting right-of-way, whichever is greater.

(3)

Contribution of funds in lieu of sidewalk requirements. Where a sidewalk requirement set forth in this section cannot be complied with, as determined by the administrative official, an administrative waiver to contribute funds in lieu of complying with the requirement may be applied for. If a contribution of funds in lieu of the sidewalk requirement is granted, such requirement shall be required prior the recordation of the plat, or prior to the issuance of building permit for any development on the property.

(4)

Exceptions. Except as may be granted by a administrative variance or waiver as set forth above, and in accordance to this section of this article, sidewalks may not be required on roads that are not city maintained.

(h)

Acceptance of dedication. The offer of dedication of public spaces shall not constitute an acceptance of the dedication by the city and/or county. The acceptance of the dedication shall be indicated by a resolution of the applicable governing body, and by an indication on the plat.

(i)

Waiver of standards. Those design standards enumerated within subsections (b), (c) and (f) of this section may be waived by the administrative official as an administrative variance as set forth in section 34-50.

(Ord. No. 2010-10-218, § 2(7-110), 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)

Prior to the granting of the final plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided for herein this article, the amount equal to 110 percent of the cost of improvements for the ultimate installation of the following:

(1)

Permanent reference monuments. Monuments shall be constructed and placed in accordance with F.S. ch. 177.

(2)

Streets.

a.

Construction; inspection; approval. All streets shall be constructed and surfaced in accordance with applicable standards specifications of the county entitled, "Specifications for Second Road Construction and Residential Streets," or in accordance with requirements indicated in the city's and county's manuals of public works construction of the department of public works. Such construction shall be subject to the inspection by the governing body or their designated representatives, and subjected to issuance of permits. Where street construction complies in specifications, such installation shall be approved. No other permits of any kind for construction of streets shall be required.

b.

Curbs, gutters and drainage. Curbs, gutters, drainage and drainage structures which are required by ordinance shall be provided in accordance with standard specifications or in accordance with the manual of public works construction of the department of public works. Such construction shall be subject to the inspection of the governing body or their designated representatives, and subjected to issuance of permits therefor.

c.

Sidewalks. Sidewalks shall be required for all developments along all rights-of-way within the city.

d.

Street signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and county and shall be placed in accordance with the standards of the city and county and the manual of public works construction. The type of street signs and their locations shall meet with the approval and inspection of the county's director of traffic and transportation.

e.

Guardrails. On any street adjacent to or abutting a canal, a lake or other body of water a guardrail or other form of traffic barrier must be installed to protect any vehicle from entering the canal, lake or other body of water.

f.

Water supply system.

1.

Water supply system. Where a water supply system is required by the public health director, each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions shall be subject to the approval of the directors of the department of public health and the public works department and the department of environmental resources management and shall be in accordance with all state and county regulations and standards governing their installation.

2.

Individual wells. Where a water supply system is not required, individual wells may be permitted by the public health director and/or the director of environmental resources management if all county and state regulations and standards governing their installations and uses are adequately met.

3.

Fire hydrants. Where required by the fire department chief, fire hydrants or fire wells shall be installed in all subdivisions in accordance with the uniform standards established by the public works manual.

g.

Sewage disposal system.

1.

Sewer systems. Where a sewer system is required by the director of environmental resources, each lot in the subdivision shall be provided with a connection thereto. All systems, extensions, and connections shall be subject to the approval of the director of environmental resources management and shall be in accordance with all city, county and state regulations and standards governing their installation.

2.

Septic tanks. Septic tanks may be permitted upon approval by the director of environmental resources management in accordance with the provisions of chapter 24 of the Metropolitan Miami-Dade County Code. Septic tanks shall be installed in compliance with all of the requirements, specifications and standards of the city, county and state governing their use.

h.

Underground electric and communication lines.

1.

Except as expressly provided hereinafter, all utility lines, including, but not limited to those required for electrical power distribution, telephone and telegraph communication, street lighting and television signal service shall be installed underground. This section shall apply to all cables, conduits or wires forming part of an electrical distribution system including service lines to individual properties and main distribution feeder electric lines delivering power to local distribution systems; provided that it shall not apply to wires, conductors or associated apparatus and supporting structures whose exclusive function is in transmission of electrical energy between generating stations, substations and transmission lines of other utility systems. Appurtenances such as transformer boxes, pedestal-mounted terminal boxes, and meter cabinets may be placed aboveground but shall be located in conformance with the requirements of the manual of public works construction. In areas zoned for industrial use, all electrical and communication distribution systems may be installed overhead, but the service conductors from the utility pole to the building (structure) shall be an underground service lateral.

2.

Easements shall be provided for the installation of utilities or relocating existing facilities in conformance with the respective utility company's rules and regulations.

3.

Exception. In subdivisions of less than 21 lots, the administrative official may waive the requirements for underground installations if the service to the adjacent area is overhead and it does not appear that further development will occur, as set forth in article XV of this chapter.

4.

Any new service which is allowed by the provisions herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date.

5.

The subdivider or developer shall make the necessary costs and other arrangements for such underground installation with each of the persons, firms or corporations furnishing utility services involved.

i.

Street and alley lighting. Street lighting as required per the public works manual shall be installed. Street and alley lighting may be provided for through the establishment of a special taxing district.

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

(a)

Preparation. The subdivider, shall confer with the appropriate agencies to determine the standards and specifications which will govern the proposed improvements. The subdivider shall submit complete construction plans prepared by an engineer and/or professional surveyor and mapper, as the case may be, licensed in the state, for the entire development of the area for which application to plat has been submitted, together with the complete and accurate contour map using U.S.C. and G.S. datum, to the appropriate agencies for their review and approval. The construction plans shall include the complete design of required sanitary sewer system, water supply system, storm drainage system and the street system for the entire area to be subdivided. Due consideration shall be given to the problems that may be created by the subdivision of adjacent lands, especially as pertains to drainage in order that conformance with the overall drainage plan will be obtained. The subdivider shall do no construction work until his completed construction plans have been approved by the appropriate agencies. Reasonable time must be allotted for the proper study of the plans submitted.

(b)

Construction of improvements; employing engineer. After approved construction plans have been filed and approved, the subdivider may construct the required improvements, subject to obtaining the required permits from the appropriate agencies.

(c)

Notification. On plats, the director of the department of public works, and if sewerage and water systems are involved, the director of the department of public health, shall be notified in advance of the date that such construction shall be commenced. Construction shall be performed under the supervision of the appropriate agencies and shall at all times be subject to inspection by these agencies. However, this in no way shall relieve the subdivider of close field supervision and final compliance with the approved plans and specifications.

(d)

Employment of registered engineer; progress reports. Where deemed necessary, in accordance with the city's and county's manual of public works construction, the appropriate agencies may require the subdivider to employ a registered engineer for complete supervision of the construction or installation of the improvements involved, and may require progress reports and final certificate of the construction or installation from such engineer. The appropriate agencies shall establish detailed regulations governing the inspections to be furnished by the developer or his engineer and may refuse to accept work which has been done without proper inspection. No construction work shall be undertaken prior to obtaining the required permits.

(e)

Acceptance of improvements. When construction is complete in accordance with the approved plan and specifications and complies with the provisions of these regulations, the subdivider shall obtain written final approval and acceptance from the appropriate agencies.

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

In lieu of immediate construction of improvements, the subdivider may file with the city a cash bond or letter of credit for 110 percent of the work with the required fees in an amount approved by the department of public works, a company approved by the city or the department authorized by them, to insure the city the actual satisfactory completion of construction of proposed improvements within a period of not more than one year from the date of such bond. The bond for the installation of sidewalks may be a separate bond. Provisions shall be made for extension of all such bonds, such extension to be commensurate with the progress of the development. Provisions shall also be made for reduction of such bonds, such reduction to be commensurate with the percentage of improvements constructed in the subdivision concerned. This bond shall also include a maintenance provision for two years covering drainage and for one year covering all other improvements by the subdivider. The amount to be included for maintenance shall be outlined in the manual of public works construction. Bonds shall be subject to cancellation, reduction or renewal only by the city upon written certification of the city's public works department.

(Ord. No. 2010-10-218, § 2(7-140), 4-7-2010)

The owner or developer of a tract may prepare a master plan for that entire tract and then may submit a tentative and final plat for only a portion of the tract. No construction of subdivision improvements shall be started until construction plans for the entire area covered by the final plat have been approved. Except as provided in section 34-216, improvements must be installed for all of that area for which a final plat is submitted before building permits will be issued. In such cases of partial subdivision of a tract, the street system, drainage systems, trunk sewers and sewage treatment plants and water plants shall be designed and built to serve the entire area, or designed and built in such a manner as to be easily expanded or extended to service the entire area.

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

(a)

No building or any other type of structure shall be permitted on or in, a mapped street, except required and approved underground installations, and further excepting that pump houses for drip irrigation may be permitted to encroach into public rights-of-way subject to the granting of an administrative variance pursuant to section 34-49, after a recommendation is made by the director of public works department, and further providing that a building permit is subsequently secured for such pump house placement. In addition to the criteria for administrative variance, the administrative official shall determine whether the request will be contrary to the public interest based upon the following criteria:

(1)

Safe and sufficient passing distance for motorists and pedestrians;

(2)

Location of existing pavement, if any;

(3)

Safe sight distance for motorists;

(4)

The effect on adjacent land uses;

(5)

Access to land in the area.

Upon the administrative official determination that the pump house encroachment will not be contrary to the public interest the property owner shall execute and deliver a written covenant running with the land in favor of the city committing that within 60 days after notice from the public works director that the pump house has become contrary to the public interest based on the above-mentioned criteria, the property owner shall remove the pump house at the owner's expense and terminate the encroachment. Said covenant shall be in a form approved by the city attorney, and shall be executed so as to be entitled to recording in the public records of the county. The property owner shall establish that there is no lien or encumbrance prior in right to such covenant except for non-delinquent ad valorem property taxes, failing which a removal bond satisfactory to the public works director shall additionally be posted. Upon the owner's compliance with the provisions of this section, the public works director shall issue written approval.

(b)

For the purpose of this section, the term "drip irrigation" shall mean low volume irrigation, as defined in section 34-732, which is intended and designed to deliver water and nutrients to the root area of a plant in quantities matching evapotranspiration requirements as closely as possible, and at a rate close to what the soil will absorb.

(c)

Wire fences without barbed wire may be permitted to be constructed within the rights-of-way providing written approval is obtained from the director of the public works department, and further providing that a building permit is secured for such fence placement.

(1)

An applicant for the public works director's approval of a wire fence shall submit the written consents of all the owners of all parcels abutting the subject property, and of all the owners of all parcels immediately across the street from the subject site.

(2)

In the event the applicant is unable to submit such consents, approval of an application for an administrative variance and waiver as set forth in section 34-50 is required.

(3)

The public works director shall send a notice to all property owners within 1,500 feet of the proposed site. The notice shall state that any interested party may respond in writing within 30 days and that no permit will be granted until after the 30-day period has expired.

(4)

After considering the application and all statements of interested parties, the public works director shall determine whether the requested fence will be contrary to the public interest based upon the following criteria, and make a recommendation to the administrative official:

a.

Location of existing pavement, if any;

b.

Safe sight distance for motorists;

c.

Effect on adjacent land uses;

d.

Access to land in the area; and

e.

Safe recovery zone for vehicles.

(5)

Under no circumstances shall any fence or wall be placed within the public right-of-way less than ten feet from the edge of any existing roadway pavement.

(6)

Upon the director's recommendation, and the administrative official's determination that the fence will not be contrary to the public interest, the property owner shall execute and deliver a written covenant running with the land in favor of the city, committing that, should the public works director find that the fence has become inconsistent with the public interest based on the above-mentioned criteria, the property owner shall remove the fence at the owner's expense within 60 days after notice from the public works director. Said covenant shall be in a form approved by the city attorney, and shall be executed so as to be entitled to recording in the public records of the county. The property owner shall establish that there is no lien or encumbrance prior in right to such covenant except for nondelinquent ad valorem property taxes, failing which a removal bond satisfactory to the public works director shall additionally be posted.

(7)

The director shall publish notice of his determination regarding fence placement or removal in a newspaper of general circulation and shall provide mail notice to the same property owners who were entitled to be mailed notice in advance of the director's determination, as provided in this section. Appeal of the director's determination or decision may be made pursuant to section 34-46 and shall be filed within 30 days of such publication or of the mailing of such notice, whichever date is later. The public interest criteria contained in this section shall apply to any appeal regarding the placement in or removal from the right-of-way of any wire fence. No masonry wall or wood fence shall be permitted to be constructed on or in a right-of-way unless approved as a administrative variance and waiver as set forth in section 34-50. The public interest criteria contained in this section shall [be] considered in granting the approval regarding the placement in or removal from the right-of-way of any masonry wall or wood fence.

(d)

Appeals of the director's decision regarding pump house or fence placement or removal may shall be made in as set forth in section 34-46.

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

Variances from the provisions of this article are subject to the rules and procedures for the granting of variances in article II of this chapter.

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

In the event the city's regulations provide, or are of a higher standards of subdivision regulations than those provided by the county, as have been adopted in accordance with law, the city's standards shall be noticed to the county public works department, and those higher standards shall be enforced as a supplement to chapter 28 of the county Code and by the county departments concerned.

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

(a)

Special exception use approval required for certain excavations. No excavations below the level of any street, highway or right-of-way shall be made except upon special exception use approval as set forth in section 34-48.

(b)

Exceptions. No special exception use approval shall be required for excavations for the following purposes:

(1)

The foundation of a building or any structure to be constructed immediately after such excavations. All excavations shall be refilled after construction of such foundation in a manner which will prevent accumulation of stagnant water or other hazard.

(2)

Swimming pools.

(3)

Water hazard in a bona fide golf course.

(4)

Canals which are part of the county or South Florida Water Management District canal system.

(5)

Reflecting ponds and water features with a maximum depth of six feet of water so long as said amenities are completely lined with impervious material, a horizontal five-foot safety shelf is provided around the perimeter of the reflecting pond or water feature at an elevation where not more than 18 inches of water is provided on the shelf area and so long as backsloping or a perimeter berm is provided to prevent overland stormwater runoff from entering the water body.

(6)

Retention drainage areas subject to first obtaining site plan approval from the planning and zoning department.

(c)

All other excavations. All other excavations shall be subject to all applicable regulations as set forth in chapter 33-16 of the county Code, and as amended.

(Ord. No. 2010-10-218, § 2(7-190), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011)

(a)

Purpose and intent. It is the intent of this section and those pertaining to street names and addressing that follow, to promote, protect and improve the safety, services and welfare of the citizens of the city by establishing a uniform system for the naming of streets and the numbering of buildings fronting all streets, avenues and public ways within the city limits. Such a requirement will:

(1)

Ensure greater public safety;

(2)

Promote efficiency in the postal and other delivery services; and

(3)

Improve the emergency call-response system for medical, fire and police services.

(b)

Applicability. No person, firm, corporation or any other association, shall name, rename or codesignate any street, nor number or renumber any building anywhere in the city except in conformity with the provisions of this article.

(1)

No street naming, renaming or codesignation shall contain any restriction of any nature based on race, ethnicity, national origin, religion, sexual orientation or gender.

(2)

All street signs shall be installed by the county per the Miami Dade County Public Works Manual.

(3)

All public and private streets shall be named, and all buildings and structures shall be numbered in accordance with the provisions of this article, and shall be approved by the planning and zoning department.

(4)

Street names and building numbers approved by the administrative official will be considered to be official street names, and building numbers will be included in the city address system.

(5)

This article establishes base lines and criteria for numbering all buildings or structures in the city, and shall attempt to conform to the numbering system of other county neighboring communities to the south, east and west, where common streets form boundary lines.

(c)

Authority to assign street names. The authority to assign street names rests with the administrative official. The city clerk will be responsible for providing notification of the change, and its effective date, to the citizens concerned and all appropriate county, state and federal agencies.

(d)

Authority to assign building numbers. All addresses and building numbers are to be assigned not later than the time of final plat as submitted for review to the planning and zoning department, or on the final site plan for non-subdivision development. In all cases, the planning and zoning department shall ensure that the developer/design engineer has provided sufficient information to properly address the new subdivision or site development plan. Addresses are to be assigned only by the planning and zoning department. Addresses assigned by any other entity are subject to being voided or otherwise changed. Platted subdivision addresses shall not be available or released until the plat has been recorded. All assigned addresses are to be entered into the automated city address system. Address assignment includes the assignment of unit numbers to shopping centers, apartments or condominiums, and office and warehouse developments consistent with the guidelines contained herein and as specified in the article.

(e)

Official address maps and plats. The administrative official is hereby directed to make, without delay, special maps or plats of the city covering all additions or subdivisions recorded or generally known and available within the city limits; designating the names of streets and number units by the numbers as herein provided. The said maps or plats shall be known as the street naming and numbering plat and be kept open to the public for reference in the planning and zoning department. Hereafter all buildings, houses, portions of land and lots adjacent to or abutting upon streets, avenues, places, terraces, courts, lanes and roads of the city, county and state shall be known and designated by the numbers indicated on said plats referred to in this section.

(f)

Unassigned addresses. In event a property, development, building, or any other structure requiring an address does not have an assigned address in accordance with this article, it shall be the property owner's sole responsibility to file an application for address assignment to the planning and zoning department on a form approved by the administrative official accompanied by the applicable fee. Failure to obtain an address in accordance to this article is a violation of this chapter.

(Ord. No. 2010-10-218, § 2(7-200), 4-7-2010)

The public health, safety, comfort, and welfare require a uniform system for the naming of streets within the city. In furtherance of this purpose, the following sections establish the criteria for the proper naming, renaming and codesignation of street within the city.

(1)

Base lines. N.W. 151st Street shall constitute the base line for numbering buildings or structures along all streets running northerly and southerly with the exception of such streets bearing non-numerical names. Miami Avenue shall constitute the base line for numbering buildings or structures along streets running easterly and westerly with the exception of such streets bearing non-numerical names.

(2)

Names of avenues. The planning and zoning department is hereby authorized to name avenues as follows:

a.

Each avenue lying east of the base thoroughfare, Miami Avenue, shall bear the numerical name indicating the number of squares easterly that it may be removed from such base thoroughfare.

b.

Each avenue lying west of the base thoroughfare, Miami Avenue, shall bear the numerical name indicating the number of squares westerly that it may be removed from such base thoroughfare.

(3)

Names of courts. The planning and zoning department is hereby authorized to name courts as follows:

a.

Each court lying east of the base thoroughfare, Miami Avenue, shall derive its name from the next westerly avenue.

b.

Each court lying west of the base thoroughfare, Miami Avenue, shall derive its name from the next easterly avenue.

(4)

Names of places. The planning and zoning department is hereby authorized to name places as follows:

a.

Each place lying east of the base thoroughfare, Miami Avenue shall derive its name from the number of the next westerly avenue.

b.

Each place lying west of the base thoroughfare, Miami Avenue shall derive its name from the number of the next easterly avenue.

(5)

Naming of streets. The planning and zoning department is hereby authorized to name streets as follows: N.W. 151st Street, being the southernmost boundary of the city, shall be the base thoroughfare for naming streets. Each street lying north of this established base thoroughfare shall bear the numerical name indicating the number of squares northerly that it may be removed from such base thoroughfare.

(6)

Naming of terraces. the planning and zoning department is hereby authorized to name terraces as follows: N.W. 151st Street being the southernmost boundary of the city, shall the base thoroughfare for naming terraces. Each terrace lying north of this established base thoroughfare shall derive its name from the number of the next southerly street.

(7)

Naming of lanes. The planning and zoning department is hereby authorized to name lanes as follows: N.W. 151st Street being the southernmost boundary of the city, shall be the base thoroughfare for naming terraces. Each lane lying north of this established base thoroughfare shall derive its name from the number of the next southerly street.

(8)

Names of drives, roads and avenue roads.

a.

The thoroughfares now known as East Bunche Park Drive, West Bunche Park Drive, Golden Glades Drive, Northwest Railroad Drive, and School Drive shall continue to be called by their current names.

b.

The thoroughfare now known as Musick Road between N.W. 42nd Avenue and N.W. 40th Avenue shall continue to be called Musick Road.

c.

All roads shall derive their names from the streets or avenues at which they shall commence, except as otherwise named in this section.

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

(a)

Incorrect street signs. No person shall put up or cause to be put up any sign designating a street, avenue or other public place by a different name than that by which it is generally and legally known, or refuse to move the same from his property when requested to do so by any officer of the city.

(b)

Injuring, defacing, etc., street signs. No person shall willfully and maliciously injure, deface or remove any of the street signs posted in the city.

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

(a)

The approval process for new street names shall be administered during the tentative plat, or plan review. Street names are required to be submitted for each new street, whether the street is to be dedicated to public use, a private street, or an ingress/egress easement that meets the criteria stated below. Plats or plans submitted without street names, or with generic names, such as "Street A", are to be rejected and returned to the developer/design engineer until compliance with the requirements for labeling street names is achieved. The approved street names will appear on all subsequent submissions of plats or plans for review by the city.

(b)

The following streets or traveled ways require city approved street names:

(1)

Federal and primary state highways.

(2)

Street proposed for acceptance into the secondary state highway system - dedicated to public use.

(3)

Private streets to be maintained by homeowners' association or other private firm or organization.

(4)

Ingress/egress easements that serve more than one address.

(c)

New street names may be required when an insufficient number of addresses remain on an existing street for addressing new townhouse, condominium, apartment, or retail developments. In such cases, the access entrance to the development from the existing street is to be named, with addresses assigned to the named entrance and traveled way.

(d)

Tentative reservation of street names.

(1)

Tentative approval. Developers and engineers may receive tentative approval of street names by reserving the names with the planning and zoning department. By reserving a proposed street name, the city has not formally approved the street name for use, but has given conditional approval, subject to formal review during the tentative plat or plan review process. The department reserves the right to disallow use of tentatively approved street names upon formal plat or plan review.

(2)

Two-year reservation. Proposed street names may be tentatively reserved for two years only. After expiration of the two year reservation, if plats or plans showing such reserved names have not been submitted to the city by the developer reserving the name, the name may be used by any other developer in the city.

(3)

Duplication of existing street names. No duplication of existing street names is to occur within the city. Street names with the same name, but different street type designations will be considered duplicate street names and will not receive approval with the exception of cul-de-sacs that intersect directly with a street of the same name. To ensure that street names are not duplicated, proposed street names will be reviewed against the city address system as the primary source for existing street names.

(4)

Near spelling duplications, confusing spellings, phonetically similar names. Near duplications in spelling, confusing spellings, or names that are phonetically similar to existing names are not to be approved. Near duplications of spelling are to be identified by reviewing the city address system. Confusing spellings include those names that are difficult to spell, obscure names, or twists on conventional spelling of familiar names. Proper names are not to be approved, except for special recognition as approved by the city council, nor will the names of commercial establishments be utilized.

(5)

Length of street names. New street names will not contain more than 16 characters, not including the type designation. Names shall not contain hyphens, apostrophes, nor any other non-letter characters. Street names will not consist of more than two words, exclusive of street type.

(6)

Continuation of street names. Streets continuing through an intersection will keep the same name. Exceptions may be granted if the street crosses a major arterial road. Commercial, multifamily, or townhouse developments having an entrance or access through a publicly maintained cul-de-sac are to have a separate street name for the entrance or access road in the event that it serves or is intended to serve more than one address.

a.

Cul-de-sacs directly opposite each other, intersecting with a common street are to have different names.

b.

Street names will not change due to a change in direction of the street, nor will a new prefix be used for those streets that meet the criteria for using compass points in the street name.

(7)

Use of compass points in street names. Compass points, such as north or west, shall not be used as a part of a street name, including as a prefix or suffix except as follows:

a.

Where streets cross the east/west or north/south zero baseline for address assignment, with no change in base name and type, compass points shall be used to ensure that the correct portion of such streets is correctly identified. For those streets that meet the criterion for this exception, the compass point direction is to made part of the official name of that street.

b.

Where a street is constructed in stages from two ends and does not connect, compass points may be used until the street is physically connected. At that time, any such prefixes will be removed from the official street names. This process is to be automatic and is the responsibility of the planning and zoning department.

(Ord. No. 2010-10-218, § 2(7-230), 4-7-2010)

Street type designations will be approved or assigned by the planning and zoning department. Street names submitted for review must include street type designations and must be evaluated. If meeting the criteria for street types, they will be approved. Street types appearing on tentative, final check subdivision plats, site plans, or the subdivision record plats, which do not meet criteria shall be noted for change by the developer/design engineer and approvals will be withheld until such changes are implemented. The following are the criteria for street type designation assignment or approval:

(1)

Major roadways such as an interstate, multi-lane federal highway - normally four or more lanes, limited access, and divided:

a.

Highway.

b.

Pike.

c.

Freeway.

d.

Expressway.

e.

Throughway.

f.

Turnpike.

(2)

Major roadways - multi-lane, non-limited access, usually the main arterial roadways carrying high volumes of traffic:

a.

Highway.

b.

Avenue.

c.

Road.

d.

Boulevard.

e.

Parkway.

1.

Local connector roads, usually two lanes:

(i)

Avenue.

(ii)

Street.

(iii)

Road.

(iv)

Drive.

(v)

Extension.

2.

Local roadway providing access to individual lots within a subdivision or commercial area:

(i)

Lane.

(ii)

Drive.

(iii)

Way.

(iv)

Circle.

(v)

Trail.

(vi)

Loop.

(vii)

Bend.

(viii)

Heights.

(ix)

Hill.

(x)

Knoll.

(xi)

Ridge.

(xii)

Run.

(xiii)

Crossing.

3.

Local street which have only one way in and out, such as cul-de-sacs:

(i)

Court.

(ii)

Place.

(iii)

Terrace.

(iv)

Mews.

(v)

Common.

(vi)

Commons.

(vii)

Crescent.

(viii)

Green.

(ix)

Landing.

(x)

Manor.

(xi)

Point.

(xii)

Pointe.

(xiii)

Summit.

(xiv)

Trace.

(xv)

View.

(xvi)

Vista.

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

(a)

The city council shall consider three alternatives to renaming or codesignating streets as follows:

(1)

Marker, by which a plaque or sign bearing a designation shall be mounted separately on a stone or post in the right-of-way.

(2)

Plaza, by which only the intersection of two streets shall be designated. The designation shall be mounted on the post under the street signs at the intersection.

(3)

Codesignation, by which a numbered street shall receive an additional designation over the numbered street designation on the street signs. the police department and department of fire-rescue and United States Postal Service shall be notified of codesignation.

(b)

Procedure to rename or codesignate streets. The city council may, by resolution adopted after a public hearing, name, rename or co-designate any city road, street or public way. The following criteria shall be considered for street codesignation:

(1)

Named or numbered streets shall not be so renamed or codesignated in a manner that will be confused with or duplicate the names of existing streets.

(2)

Named streets, e.g., as in Honeyhill Drive, N.W. 199 Street, shall not be changed where there is an historical tradition attached to the existing name. Miami Gardens Drive, N.W. 183rd Street shall not be renamed or codesignated.

(3)

Named streets shall not be codesignated because of the resulting confusion.

(4)

Numbered streets shall not be codesignated for merely commercial purposes.

(5)

Numbered streets shall only be codesignated if there is significant historical, neighborhood or community benefit to the codesignation.

(6)

Numbered street codesignations shall not exceed five blocks in length.

(7)

There shall be a hiatus at least five blocks in length between consecutive codesignations in numbered streets.

(8)

In order for a resolution renaming or codesignating a street with a person's name to be approved, the unanimous vote of the city council shall be required.

(9)

Persons whose names are considered for the renaming or codesignation of a street shall meet the following criteria:

a.

Such persons must have demonstrated extraordinary service to the city and its residents; or

b.

Such persons shall have brought exceptional credit or recognition to the city and its residents; or

c.

Such persons shall be of significant prominence nationally or internationally; or

d.

Such persons shall be deceased at the time of the application.

(10)

Only the mayor and members of the city council may sponsor a resolution for the renaming or codesignation of a street.

(11)

Block numbers shall be added to any new street signs that reflect codesignations, markers or plazas.

(12)

City council must approve a resolution for renaming or codesignation of streets. This resolution must be submitted to the county's traffic engineer division for approval and sent to the county's public works department for fabrication and installation.

(c)

The criteria outlined above shall also apply when the city council considers whether to recommend the renaming or codesignation of county, state or federal streets.

(d)

Upon adoption of a resolution naming, renaming or co-designating any city road, street or public way, the city clerk shall provide a certified copy of the adopted resolution to the city's department services, public works department, the police department, and the United States Postal Service. Additionally, the city clerk shall publish notice of any street name change in a newspaper of general circulation within the city in substantially the following form:

NOTICE OF STREET NAME CHANGE

Public notice is hereby given that the City Council of the City of Miami Gardens, Florida has enacted a resolution changing the name of _______/_______/_______ to _______/_______/_______. This name change is effective immediately and has been duly recorded with the United States Postal Service.

(e)

Application process.

(1)

Applications for street renamings and codesignations shall be filed with the director of public works on a form to be provided by the city.

(2)

Application for street renamings and codesignations shall only be considered by the city once every two years, from January 1 through January 31, commencing in 2017.

(3)

Applications will not be considered unless they include an application fee, the required bond outlined in subsection (f)(3), and the signature of the mayor or councilmember who will sponsor the item. The mayor and councilmembers may only sponsor up to two applications during the application period outlined in subsection (e)(2) above, and the city council will not approve more than two applications during the application period, and may decide not to approve any applications.

(4)

The city manager shall designate city staff persons who shall be responsible for ensuring that a comprehensive background investigation is conducted on the persons for whom streets will be renamed or codesignated. In addition, these staff persons shall be responsible for evaluating the background investigations and providing information on the persons to the mayor and city council.

(f)

Expenses.

(1)

All expenses on the part of the city or any other governmental agency resulting from requests for street renamings and codesignations, markers or plazas shall be borne by the applicant.

(2)

Expenses include, but are not limited to, comprehensive background investigation of the person after whom the street will be renamed or condesignated, newspaper advertising, posting of notification placards, postal correspondence to the applicant, permits, manufacture and installation of the appropriate signs and related appurtenances.

(3)

Fees. Any request for a street codesignation or for a designation of a marker or a plaza shall also be accompanied by a nonrefundable application fee in the amount of $500.00. In addition, applicant shall post a bond in the amount of $2,500.00 to cover the costs associated with processing the application. All amounts not used from the bond amount shall be refunded to the applicant. If the $2,500.00 does not cover all costs, the applicant shall pay additional amounts due prior to installation of the sign.

(Ord. No. 2010-10-218, § 2(7-250), 4-7-2010; Ord. No. 2012-10-283, § 2, 7-25-2012; Ord. No. 2016-08-354, § 2, 7-27-2016)

The public health, safety, comfort, and welfare require a uniform system for the numbering of buildings within the city. In furtherance of this purpose, the numbering of all buildings within the corporate limits of the city shall be in conformity with the following system:

(1)

Address grid system. Each new subdivision, parcel, commercial unit, apartment or condominium, or townhouse will be assigned and address based on the street providing access to the property. Vehicular parcel access will determine street name and address number assignment as opposed to the direction the building may be facing. Addresses will be assigned based on the county-wide grid system, which is a quadrant grid extended from the City of Miami.

(2)

The centerline of N.W. 151st Street shall be taken as the basis of numbering from the south to the north on a unit basis of 25 feet per address number; and the buildings on the north and south avenues and thoroughfares which intersect that street shall begin to be numbered at that street and run north to the city limits.

(3)

The centerline of Miami Avenue shall be taken as the basis of numbering from the east to the west and from the west to the east on a unit basis of 25 feet per address number; and the buildings on the east and west streets and other thoroughfares which intersect Miami Avenue shall begin to be numbered at that avenue and run east to the city limits and west to the city limits.

(4)

All numbering of number units shall begin from the base thoroughfares, the north and east sides of the streets having the odd numbers and the south and west sides having the even numbers.

(5)

Address number units in a square shall increase in an arithmetical progression of two as the address number units recede from the base thoroughfare.

(6)

The address numbers in the first squares adjoining a base thoroughfare shall begin with one on the north and east sides and two on the south and west sides, and progress arithmetically by two for each successive address number unit space from the base thoroughfare, to the next street or avenue.

(7)

The numbering of address number units in each square shall begin with that hundred number indicating the number of squares it may be removed from the base thoroughfare, and numbers shall advance by hundreds only by squares.

(8)

In case of diagonal streets, avenues or places, or in case of streets, avenues or places which do not lend themselves to the designation or description of north and south or east and west, the planning and zoning department is hereby authorized and empowered to assign numbers which will be in keeping with the general plan set forth herein as applied to and contrasted with the numbers assigned in the vicinity.

(9)

All buildings, houses, portions of land and lots adjacent to or abutting (joining end to end) upon streets, avenues, places, terraces, courts, lanes and roads of the city shall be known and designated by the numbers indicated on the appropriate plats as retained by the city clerk's office.

(10)

Buildings on streets with similar names, such as cul-de-sacs with the same base name, but different type designations, shall not have identical numbering sequences.

(Ord. No. 2010-10-218, § 2(7-260), 4-7-2010)

(a)

Addressing of single-family homes. Addresses for single lots within subdivisions are to be assigned consecutively, as appropriate, on the odd and even sides of the street. A separate street address is to be assigned for each single-family lot, to include open space parcels. This information is to be entered and stored, with ancillary data, in the automated city address system.

(b)

Addressing of duplexes/two-family homes. Addresses for duplex lots are to be assigned consecutively, as appropriate, on the odd and even sides of the street. Two separate street addresses are to be assigned for each duplex lot, to include open space parcels. This information is to be entered and stored, with ancillary data, in the automated city address system.

(c)

Addressing of townhouse developments. Addresses for townhouse lots are to be assigned consecutively, as appropriate, on the odd and even sides of the street. A separate street address is to be assigned for each townhouse lot, to include open space parcels. This information is to be entered and stored, with ancillary data, in the automated city address system. No unit numbers, such as apartment numbers, are to be assigned in townhouse developments.

(d)

Addressing of vacant parcels. Each vacant parcel outside of a subdivision shall have an address assigned using the lowest number available across the road frontage of the parcel. If, at a later date, a building permit is applied for on that parcel, the actual location of the driveway entrance will be shown the time of permit application and the building number adjusted to correspond to the location of the driveway. This information is to be entered and stored, with ancillary data, in the automated city address system.

(e)

Addressing land locked parcels. Land locked pieces of property shall be addressed from the nearest road unless there is a major creek or stream between the nearest road and the property and the property lies in its entirety on the far side of the creek or stream from the road. In such cases, the next adjacent road to the property will be used to assign an address. The street address number shall be derived from the appropriate address on the grid system closest to the center of the property. If, at a later date, a building permit is applied for on that land-locked parcel and a proper legal right of ingress/egress has been obtained, the actual location of the ingress/egress will be shown the time of permit application and the building number adjusted to correspond to the location of the driveway. This information is to be entered and stored, with ancillary data, in the automated city address system.

(f)

Addressing commercial, office, and warehouse developments. Assignment of addresses for shopping centers will vary depending on whether it is a strip center or mall. Commercial developments with variable retail space are to be evaluated for addressing based upon the minimum frontage and the maximum potential number of units. The requirements for addressing office and variable warehouse are the same as for strip shopping centers. Finalized assigned address information is to be entered and stored, with ancillary data, in the automated city address system.

(1)

Strip shopping centers, variable office and warehouse spaces. Strip shopping centers are to have an individual address for the center itself and each unit shall be addressed in the manner prescribed for townhouses. Strict adherence to the 25 foot frontage dimension shall be followed. Site development plans for all strip shopping centers shall be required to include the maximum number of potential units within the center in order that allowances can be made for proper addressing. The location of the door providing primary public access is the determining factor in address assignment. In the event that a strip shopping center may require more street addresses than are available within the segment of street, the planning and zoning department may assign one street address to the strip shopping center as a whole and assign unit numbers for each of the potential units within the center. Unit numbers shall run as consecutive whole numbers in the same direction as the addresses on the street. Unit numbers shall begin with 101 and progress higher. The same procedures and information are to be used in assigning addresses and unit numbers to variable office and warehouse spaces.

(2)

Enclosed shopping malls. Enclosed shopping malls are to be addressed with one street address number assigned to the street intersecting with the main entrance. Separate address numbers are not to be assigned to each entrance of enclosed shopping malls. The maximum number of retail units is to be included on the site development plans as well as the minimum retail unit frontage. Unit numbers are to be assigned using an odd and even numbers distribution on either side of the mall corridor. Unit numbers will begin with 1001 on the odd side and 1002 on the even side. In malls having multiple corridors and/or levels, each corridor is to be assigned numbers in higher hundreds divisions within a range of 1001 to 1999. Additional levels shall be numbered similarly within the next highest thousands range. For example, retail spaces in one corridor may run from 1001 to 1028, retail spaces in an adjoining corridor would resume the sequence and run from 1029 to 1046, and stores on the next level up would be numbered 2001 to 2028 and 2029 to 2046, respectively.

(3)

Office parks. Office park address assignment shall be in accordance with the established address grid system. Each building will be numbered as with townhouses with each exterior entrance receiving a separate address.

(g)

Addressing multifamily dwellings and multi-unit office building types. These requirements include residential and office buildings of the same type construction design as apartment buildings.

(1)

Multifamily housing units, such as apartments and condominiums, are to have a separate street address for each entry providing primary access to units within the building, as defined by the development plans. Street addresses are to be assigned based on the established criteria for assignment in accordance with the grid system and using an appropriate odd and even scheme for building entrance. Finalized assigned address information is to be entered and stored, with ancillary data, in the automated city address system.

(2)

Plans for multifamily dwellings, such as apartments and condominiums, to include conversions, and multi-unit office building types shall have unit numbers assigned by the planning and zoning department in conjunction with the grid based street address. Plans submitted for review and address assignment must clearly identify the location of all entrances to each building and each unit therein and depict the physical relationships between these entrances.

(3)

Within vertical, multi-level structures, a consecutive whole unit number shall be assigned for each separate unit. Numbers shall be assigned from left to right as viewed from the common primary entrance. The lowest floor shall begin with 101 and progress in increments of one (102, 103, 104, etc.), until all units on that level have been assigned unit numbers. Unit numbers on successively higher floors are to be incremented by 100, such as 201, 202, 203, for the second level, 301, 302, 303, for the third floor and so on. The official complete street address for each unit will consist of the building number, street name, street type, and unit number in accordance with United States Postal Service regulations.

(4)

The submitted site development plans, or condominium plats, must include a top view schematic of the buildings in their proper relationship to the streets providing access, as well as an elevation view or perspective diagram showing the relationship of unit entrances to the entry providing primary access from the exterior of the building. Final approval of plans will not be granted until the developer/design engineer has provided the planning and zoning department with information suitable for assigning addresses for these types of structures.

(Ord. No. 2010-10-218, § 2(7-270), 4-7-2010)

Numbers on buildings shall conform to the following specifications.

(1)

Address numbers for single-family, townhouses, and multifamily dwellings.

a.

Size. The numbers shall have a minimum height of four inches. It is recommended that the height of the numbers exceed four inches.

b.

Location. All numbers shall be securely mounted on the building front, or any fixed accessory located in front of the building within five feet of the main entry way or main path of travel which leads to the main entrance of the said building from a public or private road. Such numbers shall otherwise be separately mounted in the same manner upon the face of a wall or fence or upon a post in the front yard of the property. Whenever a building is more than 50 feet from the street, or when the primary access doorway is not clearly visible from the street, the number is to be placed on appropriate signage at the street end of the driveway or other street access point and will be visible from both directions of street approach. Placement of numbers on a roadside mailbox, conforming to size requirements, in such cases, will be acceptable.

(2)

Address numbers for commercial, office, and warehouse facilities.

a.

Size. Numbers will be not less than ten inches in height.

b.

Location. Numbering shall be placed above the exterior primary access entrance. In the event that a strip shopping center, variable office structure, or warehouse structure has had unit numbers assigned, unit numbers shall be posted in a like manner as well and will, also, be not less than ten inches in height.

c.

Numbering on signage. Commercial properties such as, but not limited to, strip shopping centers, shopping malls, and office parks, displaying approved identifying signage will display an address number on that signage. In the case of shopping malls, the number shall be the actual number of the mall's address. In the case of strip shopping centers, shall be the lowest number of all numbers assigned to the facility. Numbers displayed on signage shall not be less than ten inches in height and may be placed above or below the signage and attached to that signage. Numbers must be clearly visible from the street.

(3)

Addressing of vacant parcels. Each vacant parcel outside of a subdivision shall have an address assigned using the lowest number available across the road frontage of the parcel. If, at a later date, a building permit is applied for on that parcel, the actual location of the driveway entrance shall be shown the time of permit application and the building number adjusted to correspond to the location of the driveway. This information is to be entered and stored, with ancillary data, in the automated city address system.

(4)

Addressing land locked parcels. Land locked pieces of property shall be addressed from the nearest road unless there is a major creek or stream between the nearest road and the property and the property lies in its entirety on the far side of the creek or stream from the road. In such cases, the next adjacent road to the property shall be used to assign an address. The street address number shall be derived from the appropriate address on the grid system closest to the center of the property. If, at a later date, a building permit is applied for on that land locked parcel and a proper legal right of ingress/egress has been obtained, the actual location of the ingress/egress shall be shown the time of permit application and the building number adjusted to correspond to the location of the driveway. This information is to be entered and stored, with ancillary data, in the automated city address system.

(5)

Additional requirements.

a.

Legibility. Numbers shall be sufficiently legible as to contrasting background, arrangement, size, spacing, and uniformity of numerals, so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision upon viewing said numbers from the center line of the adjacent road. The numbers shall be placed such that trees, shrubs, and other obstructions do not block the line of sight of the numbers from the centerline of the adjacent road.

b.

Proximity to light source. Wherever practicable and in accordance with this article, the building numbers shall be placed as close as possible to a light source, in order to make them more visible at night. If no light source is in proximity, the numbers shall be made of a reflective material.

c.

Adjusting and specifying numbers. Such numbers shall not be changed without the consent of the administrative official; and it shall be the duty of the administrative official to adjust such numbers, or to number such streets from time to time, if such numbering may be required.

d.

Plats on file. For the purpose of facilitating a correct enumeration, plats of all streets, avenues, courts, terraces and highways within the city, showing the proper number of all lots or houses fronting upon all thoroughfares (except alleys) shall be prepared and kept on file in the office of the city clerk, which plats shall be available during regular office hours, for public inspection.

e.

Placement by owner or occupant. It shall be a violation of this chapter for any owner or occupant of any building to fail to number or renumber such building in conformity with the provisions of this article, and with the plan for numbering buildings, within 30 days after receipt of written notice from the administrative official of the proper number of such building. Such violation shall be subject to the imposition of a monetary fine that may be collected in the same manner and with the same penalties as violations for failure to pay city taxes.

(Ord. No. 2010-10-218, § 2(7-280), 4-7-2010)

(a)

The administrative official shall have the authority to change the numbering of any existing or new address upon determining that such change is a necessity based on health, safety, and welfare of the citizenry. The administrative official shall determine appropriate new address numbers to supplant those to be changed. The administrative official shall notify the owners of the property by mail as to the impending change. In all cases, changes shall become effective not less than 60 days subsequent to the notification letter mailing date. The administrative official shall coordinate notification of changes with appropriate county agencies and the U.S. Postal Service.

(Ord. No. 2010-10-218, § 2(7-290), 4-7-2010)

It shall be the duty of the owner of any dwelling unit, building or place of business to which a number has been assigned, to display such number in numeral form in accordance with the following standards:

(1)

All buildings constructed, erected or removed shall, upon completion of their construction, erection or removal, be numbered in accordance with the plat referred in the preceding section.

(2)

All street numbers assigned pursuant to this section shall be clearly legible and shall be visible from any distance up to 100 feet from the centerline of the street, roadway, or alley fronting the property. Such numbering shall be done by the owner and the numbers thereof shall conform to and be in accordance with the plat referred to in the preceding section.

(3)

Numerals shall be placed on a sharply contrasting background if placed on a freestanding address display stand or shall be of a sharply contrasting color if placed on the building wall or other structure.

(4)

Street numbers shall be placed in such a location mounted on a permanent structure or freestanding address display stand so as to be visible from the centerline of the street, roadway or alley facing the numerals.

(5)

The maximum setback for street numbers mounted on a building or other permanent structure shall be 100 feet from the centerline of the street or roadway fronting the property.

(6)

Street numbers mounted on a fence, wall or freestanding address display stand shall be placed within 25 feet of the driveway, walkway or other obvious entry onto the premises from the fronting street or roadway.

(7)

All building numbers as herein provided shall be maintained in good condition.

(8)

Failure by any owner of a building to number, renumber, maintain such building address numbers, or use any number other than that assigned by the planning and zoning department constitutes a violation of this chapter, which may result in the imposition of a monetary fine that may be collected in the same manner and with the same penalties as violations for failure to pay city taxes. The city shall not issue any building permit until the official building number has been issued, nor shall the city issue any certificate of occupancy until permanent and proper address numbers have been affixed to the structure in accordance with this article.

(9)

It shall be unlawful for any person to tamper with, deface or take down numbers placed on any property in accordance with this article, except for repairs or replacement of such numbers.

(10)

The word "owner" as used in this section shall include owners of the fee, lessee and agent in charge.

(11)

All costs for the address numbering or renumbering materials shall be borne by the property owner, whether or not the address change was initiated by the city.

(12)

It shall be unlawful for any person to use any number other than that designated or assigned by the planning and zoning department.

(Ord. No. 2010-10-218, § 2(7-300), 4-7-2010)