The planning and zoning board shall have the administrative powers and duties set forth in this article, subject to all limitations specified therein.

(Ord. No. 2023-02, § 2, 4-4-23)

Any interested person may appeal to the planning and zoning board from any decision, order or determination by the director of planning and zoning (whether such action was affirmative, negative or conditional), alleging that such action was in error for specifically stated reasons. Appeals shall be filed with the planning director no more than 20 days after the date of the written denial. After notice to the parties in interest, the planning and zoning board shall decide whether or not the action appealed from was in error and may confirm, reverse or modify the same accordingly, stating its reasons therefor, but may not vary the application of any provision of this ordinance. The director of planning and zoning may withdraw the appeal from the agenda if, prior to the start of the public hearing, the official whose determination is being appealed reverses the decision being appealed.

(Ord. No. 2023-02, § 2, 4-4-23)

Cross reference— Planning and zoning board, § 19-16 et seq.

A variance is a relaxation of the terms of the ordinance where such action will not be contrary to the public interest by such petition demonstrating compliance with the requirements, limitations and criteria specified below, and where, owing to conditions peculiar to the property, other than conditions relating to the financial circumstances of the applicant or the result of actions of the applicant, a literal enforcement of this ordinance would leave the property owner with no reasonable use of the property. The planning and zoning board may consider the fact a property is listed on the National Historic Register or has been designated as a historic landmark by the Miami Shores Village Council, as a basis for granting a variance.

An applicant who is of the opinion that it is impossible to apply strictly one or more of the provisions of Appendix A Zoning to their property, may appeal to the planning and zoning board, fully setting forth:

(1)

The alleged peculiar and unusual conditions affecting the property.

(2)

The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(3)

The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(4)

The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.

After notice to the parties in interest, as prescribed in its rules, the planning and zoning board shall act as follows:

First: Determine whether or not there are peculiar and unusual physical conditions applying to the property of the applicant, other than conditions relating to his financial circumstances; and if so but not otherwise;

Second: Determine whether or not such conditions are such that it is impossible strictly to apply specified provisions of this ordinance to such property; and if so but not otherwise;

Third: Determine the minimum variance in such strict application that will enable the owner to enjoy the reasonable use of the property without being detrimental to the existing use or prospective development of property in the vicinity and without giving the owner an advantage that is not enjoyed by the owners of similarly situated property; and

Fourth: Grant the aforesaid variance, subject to such conditions as the board deems to be necessary in furtherance of the purposes of this ordinance.

In no case shall any such variance permit the establishment of any use that is not specifically permitted in the district under the regulations applying thereto as set forth in this ordinance.

(Ord. No. 2023-02, § 2, 4-4-23)

All applications and appeals to the planning and zoning board shall be made on standard forms prescribed by the village manager and shall be accompanied by such information as the planning and zoning board may prescribe in its rules in order to enable a thorough consideration of all aspects of the case in conformity with the requirements of this article. Said board may not consider any application or appeal that is not presented as herein prescribed and any action otherwise taken shall be of no effect and any building permit or certificate of occupancy issued pursuant to any such purported action shall be null and void.

(Ord. No. 2023-02, § 2, 4-4-23)