No officer, board, agency or employee of the village shall issue, grant or approve any permit, business tax receipt, certificate or other authorization for any construction, reconstruction, alteration or moving of any building, or for any use of any land or building, that would not be in full compliance with the provisions of this ordinance. Any such permit, business tax receipt, certificate or other authorization issued, granted or approved in violation of any of the provisions of this ordinance shall be null and void and of no effect, without the necessity of any action, notice or proceedings for revocation or nullification thereof. Any work undertaken or use established pursuant to any such unlawful permit, business tax receipt or certificate, or other authorization shall be unlawful, and shall be subject to abatement or removal, as provided in the Miami Shores Code of Ordinances and the Florida Building Code in addition to any other means of zoning enforcement provided by law. No action shall be taken by any officer, board, agency or employee of the village purporting to validate any such violation and any such action that is taken shall be of no effect whatever.

Cross reference— False statements in applications for village permits, etc., unlawful, § 15-7.

A certificate of occupancy shall be obtained from the building official before occupancy of any building hereafter erected, structurally altered or moved.

(1)

A certificate of occupancy shall be obtained from the building official for any of the following:

a.

Occupancy and use of a building hereafter erected, structurally altered or moved.

(2)

No occupancy, use or change of use shall take place until a certificate of occupancy therefor has been issued by the building official.

(3)

A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building to which it applies and shall continue in effect so long as such building and the use thereof is in full conformity with the provisions of this ordinance and any requirements made pursuant thereto. On the serving of notice of any violation of any of said provisions or requirements with respect to any building or the use thereof or of land, as provided in the Miami Shores Code of Ordinances and the Florida Building Code in addition to any other means of zoning enforcement provided by law, the certificate of occupancy for such use shall thereupon, without further action, be null and void and a new certificate of occupancy shall be required for any further use of such building or land.

(a)

Upon receipt of an application for certificate of re-occupancy, the building official shall inspect the subject dwelling within ten days and, if such dwelling is found (1) to be in conformance with the provisions of Section 401 and the schedule of regulations as a one-family dwelling use, or as a two-family dwelling if permitted by the zoning district in which it is located, and (2) to not be unfit for human habitation as defined in Section 12-257 of the Code of Ordinances, Miami Shores Village, Florida, a certificate of re-occupancy shall be issued. If the dwelling is not in conformance with such provisions, the building official, within ten days of the date of such inspection, shall indicate by itemized list corrective action and the certificate of re-occupancy shall be withheld unless and until such provisions are complied with, to the reasonable satisfaction of the building official. In the event the director fails to issue an itemized list of corrective action within such ten day period, the village shall be deemed to have waived the certificate of re-occupancy requirement otherwise imposed by Section 902(c) and (d) of this Code.

(b)

Information gained or conditions observed in the course of any inspection conducted pursuant to this section shall not be utilized by the code compliance officers of the village as the basis for bringing code enforcement violation proceedings, other than as to one-family dwelling use requirements or with regard to structures that are unfit for human habitation. Nothing set forth in this subsection, however, shall preclude enforcement actions brought upon the basis of information gained or violations observed by other lawful means.

(c)

No building located in a one-family residential district listed in Section 300(1) of this ordinance shall be re-occupied following a transfer of possession of any such building, prior to the issuance of a certificate of re-occupancy for such purpose by the building official. The certificate of re-occupancy, if issued, shall contain the following statement:

"THIS CERTIFICATE VERIFIES THAT THE REFERENCED PROPERTY HAS BEEN INSPECTED BY MIAMI SHORES VILLAGE AND HAS BEEN DETERMINED TO PRESENTLY COMPLY WITH THE SCHEDULE OF REGULATIONS OF THE MIAMI SHORES LAND AND DEVELOPMENT CODE PERTAINING SOLELY TO THE REQUIREMENT THAT EACH ONE-FAMILY DWELLING IS USED AND INTENDED TO BE USED FOR A ONE-FAMILY DWELLING PURPOSE ONLY; HOWEVER, THIS CERTIFICATE DOES NOT CONSTITUTE ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION OF THE DWELLING OR OTHER STRUCTURES ON THE PREMISES DESCRIBED HEREIN, OR ANY ASPECT OF SUCH CONDITION, AND INTERESTED PERSONS ARE ADVISED AND ENCOURAGED TO MAKE THEIR OWN INSPECTION OF THE PREMISES IN ORDER TO DETERMINE THE CONDITION THEREOF."

(d)

It shall be unlawful for any owner or occupant of property located in a one-family residential district listed in Section 300(1) of this ordinance to transfer possession of such property, whether by assignment, lease, sale, or gift, without first disclosing by written notice to the assignee, tenant, buyer or grantee the fact that a certificate of re-occupancy is required by this ordinance prior to transfer of possession. Such notice shall be provided in substantial conformity with the following:

Disclosure Statement

Property: .....

New Occupant: .....

Former Occupant: .....

Former Occupant does hereby disclose to New Occupant that pursuant to Section 902(c) of the Miami Shores Land Development and Zoning Code, it is unlawful to occupy or cause to be occupied any one-family dwelling within Miami Shores Village, Florida, unless and until a certificate of re-occupancy is issued by the village pursuant to Sections 901 and 902 of the Miami Shores Land Development and Zoning Code.

New occupant shall contact the Miami Shores Village Building Official Director of Building and Zoning at (305)795-2204, 10050 N.E. 2nd Ave., Miami Shores, Florida, for application forms and information regarding a certificate of re-occupancy.

Every application for a building permit, certificate of occupancy or certificate of re-occupancy shall contain, or be accompanied by, such information as the building official, director of planning and zoning and village clerk may deem to be necessary (as indicated by standard forms prescribed by the village manager) for the effective enforcement of this ordinance, together with any required application fee.

It shall be the duty of the village manager or his designee to enforce the provisions of this ordinance. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this ordinance, and of the action taken consequent on each such complaint, which records shall be public records.

(a)

No building having value of more than $750.00 shall be constructed or reconstructed, and no addition having value of more than $750.00 shall be made to any existing building and no enclosure of a garage, carport or open porch shall be made except in accordance with plans prepared by a registered architect or registered engineer.

(b)

No building having value of more than $750.00 shall be constructed or reconstructed and no addition having value of more than $750.00 shall be made to the exterior perimeter of any existing building without a current survey by a licensed land surveyor being furnished, with a final survey being filed with finished floor elevations prior to issuance of a certificate of occupancy.

(a)

Generally. No development activity may be undertaken unless the activity is authorized by a development permit.

(b)

Development orders consistent with Miami Shores Comprehensive Plan. No development order shall be issued unless it is found that the development is consistent with the 1989 comprehensive plan and any amendments thereto.

(c)

Determining consistency with the comprehensive plan. Prior to the issuance of any development order by the Village of Miami Shores, the director of planning and zoning shall check the proposed development for consistency with the future land use map and related policies of the comprehensive plan. Any finding of inconsistency by the director of planning and zoning shall be supported by competent findings of fact documented in writing.

(d)

Prerequisites for issuance of development permit. A development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to the zoning code; and

(2)

Conforms to the Miami-Dade County Public Works Manual, Standard Details, Miami-Dade County Water and Sewer Authority Department Manual of Standards and Specifications, and other county, state and federal regulations as may be required and which are hereby adopted by reference.

(e)

Building permit applications time limits.

(1)

New construction. Building permit applications for construction of any new structure or new addition to an existing structure shall be completed within 18 months of the date of the submittal of the first building permit, unless otherwise provided in a village development order.

(2)

Failure to submit within one year. Failure to submit for a building permit within one year from the time of the Development Order issuance shall result in all previous approvals becoming null and void.

(f)

Request for extension.

(1)

When there are extenuating circumstances that will prohibit the submittal for a building permit or the completion of construction, repairs, or restoration within the time periods set forth above, the Applicant may file with the Planning, Zoning, and Resiliency Department a one-time request for extension of time prior to the expiration of the time limit deadline. The village planning, zoning and resiliency director or designee may provide an extension not to exceed 6 months and may impose such conditions on the extension as are warranted.

(2)

The planning and zoning board may grant an additional 6-month extension, upon a showing of extenuating circumstances and may impose such conditions on the extension as are warranted. In either case, no extension shall be accepted after the time limit has expired.

(g)

The provisions of this section shall apply retroactively to single-family residences development approvals, approved within one year of the adoption date of the ordinance from which this section is derived.

(h)

Penalty for violation of this section. Failure to adhere to the terms and conditions of a Development Order shall be considered a violation of the Village Code and persons found violating the conditions shall be subject to the penalties prescribed by section 2-81 of the Village Code, including, but not limited to, the revocation of any of the approval(s) granted by the Development Order.

(Ord. No. 2022-10, § 2, 11-1-22; Ord. No. 2023-07, § 2, 6-20-23)

Editor's note— Ord. No. 2023-07, § 2, adopted June 20, 2023, amended § 906 and in doing so changed the title of said section from "Issuance of development orders" to "Authorization by development permit required prior to undertaking development activity," as set out herein.

The burden of showing compliance with the levels-of-service and other applicable requirements of the comprehensive plan shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with such level-of-service standards.

(a)

Responsibility. The director of planning and the building official shall jointly be responsible for monitoring development activity to ensure the development is consistent with the Village of Miami Shores Comprehensive Plan.

The village administration, through the village manager or his designee, shall be authorized and directed to determine, establish and promulgate a schedule of administrative fees to be charged and collected as a pre-condition to the processing of variance requests, site plan review applications, re-zoning requests, applications for comprehensive plan amendments and applications for special exceptions/council approvals, all in amounts sufficient to off-set the village's actual costs and expenses incurred in connection therewith, including but not limited to expenses attributable to staff time, advertising and public notice expenses and other out-of-pocket costs. This promulgated fee schedule may include an appropriate hourly charge for additional staff review time for applications where circumstances warrant or require the devotion of additional or unusual time thereto. The village manager or his designee, at least annually, shall advise the village council as to the amount of all such fees and the basis for their calculation.