This Code shall be known and may be cited by the title of "North Miami Beach Zoning and Land Development Code."

It is the purpose and intent of this Code to provide land use planning and development criteria, standards and regulations to promote, protect and improve, in accordance with present and future needs, the public health, safety, comfort, good order, appearance, convenience, morals, law enforcement and fire protection and general welfare of the citizens and residents of North Miami Beach, Florida; to provide for orderly growth, development, and environmental protection; to provide a vehicle of coordination for all planning and development decisions with area, County, regional and state planning agencies and authorities; to prevent the overcrowding of land and avoid undue concentration of population; and to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services.

It is further the purpose of this Code to conserve the value of land, buildings and resources; to protect the character and maintain the stability of residential, commercial and industrial areas; to provide for efficiency and economy in the process of development for the appropriate and best use of all land for preservation, protection, development and conservation of our natural resources of land, water and air; to provide for convenience of traffic and circulation of people and goods; to accommodate the healthful and convenient distribution of population; to encourage the provision of adequate public utilities and facilities; and to promote the civic amenities of beauty and visual interest.

To accomplish these goals and objectives, the regulations and standards have been designed with reasonable consideration to carry out the foregoing legislative purposes and intent in the best interest of all citizens and residents of North Miami Beach, Florida.

It is the expressed intent of the City in adopting this Code to implement the adopted Comprehensive Plan as mandated in the Local Government Comprehensive Planning Act of the State of Florida, and to that end this Code is based on, related to, consistent with, and a means of implementation for, said plan or elements thereof.

The provisions of this Code shall apply to all land, water, buildings and structures now or hereinafter located in the territorial limits of the City of North Miami Beach, Florida.

This Code, together with the adopted Comprehensive Plan shall fully regulate and control all land development within the City, and no land development shall take place in the City except in conformity with the provisions of this Code, and this Code shall be enforced by any means provided by law or this Code. The issuance or granting of any permit or approval shall not be deemed or construed to be a permit for an approval of any violation of this Code, and the issuance of such a permit or approval shall not prevent the appropriate City official from thereafter requiring the correction of said permit or approval to bring them in full compliance with this Code.

Where this Code may be in conflict with any other ordinances or resolutions, the provisions of this Code shall govern unless any existing ordinances or resolutions are more restrictive or impose higher standards or requirements and have not been expressly repealed, in which event those restrictions shall apply.

In the event that any section or provision of this Code or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, unless specifically provided in this section.

Whenever any condition or limitation is included in an order authorizing a conditional use, variance, waiver, exception, approval, extension, or similar action, unless otherwise specifically provided in said order, it shall be conclusively presumed that the authorizing body or officer considered such condition or limitation necessary to carry out the spirit and purpose of this Code or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful, binding and enforceable, and if the imposition of such condition or limitation is declared invalid by a court of competent jurisdiction, the authorization is revoked. Wherever this Code provides for the granting of a conditional use, variance, waiver, exception, extension or similar action, subject to meeting certain standards, requirements and procedures set forth in this Code, it shall be conclusively presumed that such provision is nonseverable from the standards, requirements and procedures that pertain to it, and that such provision would not have been made a part of this Code except subject to said standards, requirements and procedures, and if a court of competent jurisdiction shall declare any of said standards, requirements or procedures to be invalid, such decision shall invalidate the provision to which said standards, requirements or procedures pertains.

Any person who violates any provision of this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than two hundred fifty dollars ($250.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.