(A)

Established. The City Manager or designee in reviewing any application, may refer it to an independent engineering, planning, legal, technical, or environmental consultant or professional(s) retained by the City as the Manager shall deem reasonably necessary to enable review of such application. Charges made by the independent consultant shall be in accord with those customarily made for services in Miami-Dade County, and pursuant to an existing agreement between the City and the independent consultant. Charges to the applicant for consulting services shall be similar to the hourly rates charged by the consultants. The applicant shall reimburse the City for the cost of such consultant or professional upon submission of a voucher and within thirty (30) days of submission. These fees are in addition to all other fees required by law, rule, or regulation.

(B)

Escrow Accounts. Upon submission of any application or thereafter, the City Manager or designee may require an escrow account be established. The applicant shall provide funds for deposit into the account, as determined by the City Manager or designee. Withdrawals from that account shall reimburse the City for the cost of professional review services. The applicant shall be provided a voucher for such services when submitted to the City. When the balance in the escrow account is below one-third (⅓) of its initial amount, the applicant shall deposit additional funds up to the amount of the initial deposit. If the account is not replenished within thirty (30) days after the applicant is notified, in writing, of the requirement for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount is outstanding. A building permit or certificate of use and occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the applicant any funds remaining on deposit.

(C)

Collection of Fees. All fees required pursuant to this chapter shall be collected by the City Manager or designee.

(Ord. No. 2015-19, § 2, 11-17-15)

Editor's note— Ord. No. 2012-1, § 2, adopted Jan. 24, 2012, repealed Section 24-170, which pertained to development permits and derived from Ord. No. 2007-12, adopted Dec. 18, 2007.
 Subsequently, Ord. No. 2015-19, § 2, adopted Nov. 17, 2015, enacted new provisions to read as herein set out.

In addition to the development review procedures contained in this article, except for approved DRIs and a one- or two-family house (on a lot in ownership separate from adjacent lots), all development projects must also receive a concurrency review in conformance with Article XIV to determine public facility capacity adequacy.

(A)

Purpose. The purpose and intent of the site plan review process is to encourage a more desirable and compatible character of land development within the City of North Miami Beach and to promote order, logic, imagination, innovation and variety in the design processes related thereto. Along with concurrency, it is the key step in the development review process.

(B)

Applicability. A site plan approval is required for all new development, excepting only single-family and two-family dwelling units; it is also required for any significant shift in the type of land use that involves major interior alteration, a change in required parking or other similar impact determined to be significant by the Director. The Florida Building Code shall serve as a basis for determining what is a significant shift in land use category.

(C)

Responsibility. The Director shall be responsible for the overall coordination and administration of the site plan review process and shall transmit copies of submitted statements, plans and exhibits to the various other City departments or public agencies, as may be deemed appropriate, for their evaluation and comment.

(D)

Preapplication Conference. A preapplication conference with the Director shall be required prior to the preparation and submission of any preliminary site plan application. The purpose of this conference shall be for the Director and applicant to discuss overall municipal planning goals, objectives, policies, and Codes as related to the proposed project and to discuss general site plan review procedures.

(E)

Preliminary Site Plan Application. A preliminary site plan shall be submitted following the pre-application conference. The purpose of this phase shall be to review the basic site design characteristics of the proposed development. The following plans and exhibits shall be submitted in sixteen (16) collated sets to the Director for review; and approval or denial by the Planning and Zoning Board and City Commission:

(1)

Existing site characteristics map:

(a)

Certified property survey, showing the centerline height of the adjacent road relative to National Geodetic Vertical Datum of 1929 (NGVD) at all locations where a property line extension would cross said adjacent road;

(b)

Existing natural features, including, but not limited to soils, topography, water areas, trees and other vegetation;

(c)

Existing structures and uses;

(d)

Existing utility lines.

(2)

Proposed site development plan:

(a)

Proposed structures and any existing structures which are to be retained, including, but not limited to their location, use, finished floor elevation of lowest floor relative to NGVD, height, size, dimensions and setbacks;

(b)

Proposed trees, plants and other landscape features and any existing trees and vegetation to be retained, including but not limited to their location, height, size and type by common and botanical name plus an irrigation plan and landscaping plan for the median if applicable; conformity to Article XI shall be demonstrated;

(c)

Proposed off-street parking and loading areas, and overall vehicular and pedestrian circulation patterns; conformity to Article IX shall be demonstrated.

(3)

Tabular summary:

(a)

Total gross project acreage and net buildable land area;

(b)

Total number of proposed residential units (if any), including their characteristics by number of bedrooms and total gross square footage, including a listing of the number of each size of residential unit proposed;

(c)

Proposed residential densities, including both net and gross acre calculations;

(d)

Proposed nonresidential floor area by type of use and total gross square footage;

(e)

Percentages of total gross project area proposed for pervious and impervious areas and building coverage;

(f)

Number, size and ratio of off-street parking and loading spaces, including ADA required parking spaces; see Article IX.

(F)

Final Site Plan Application. Upon recommendation of approval or denial of the preliminary site plan by the Director, based upon his report and recommendation, the applicant shall have up to six (6) months to submit a final site plan for approval. If the applicant fails to submit said final site plan within said period, all preliminary approvals shall be void and the applicant shall be required to reinstate the site plan review process. The following refined or revised plans and exhibits shall be submitted in sixteen (16) complete collated sets to the Director for final plan review during the technical review of applications for development (TRAD); and sixteen (16) revised complete collated sets for final plan review by the Planning and Zoning Board and sixteen (16) additional revised complete collated sets for final plan review by the City Commission:

(1)

Existing site characteristics map:

(a)

Certified property survey, showing the centerline height of the adjacent road relative to NGVD at all locations where a property line extension would cross said adjacent road;

(b)

Existing natural features, including, but not limited to soils, topography, water areas, trees and other vegetation;

(c)

Existing structures and uses;

(d)

Existing utility lines, including pipe sizes where applicable.

(2)

Site development plan:

(a)

Proposed structures, including their location, use, size, dimensions, cross-sections through the site showing the existing and proposed buildings and setbacks, including the Finished Floor Elevation (FFE) relative to NGVD datum for the lowest floor, the building height to each store FFE for multi-story buildings, the building height to the top of the roof, and the building height to the top of all attachments above the roof;

(b)

Proposed off-street parking and loading areas, driveways, and sidewalks, including their location, size, shape, construction material, dimensions and setbacks;

(c)

Proposed fences, walls and signs, including their location, dimensions and setbacks;

(d)

Garbage, trash and recycling enclosure and its screening;

(e)

Proposed utility lines, proposed location of all light poles for parking lots and all other site locations;

(f)

Revised tabular summary formatted to show rewired v. proposed where applicable:

1.

Total gross project acreage and net buildable land area;

2.

Property width and depth;

3.

Setbacks;

4.

Building height;

5.

Lot coverage;

6.

Total number of proposed residential units (if any), including their characteristics by number of bedrooms and total gross square footage, including a listing of the number of each size of residential unit proposed;

7.

Proposed residential densities, including both net and gross acre calculations;

8.

Proposed nonresidential floor area by type of use and total gross square footage;

9.

Percentages of total gross project area proposed for pervious and impervious surfaces and building coverage;

10.

Number, size and ratio of off-street parking and loading spaces, including ADA rewired parking spaces.

(3)

Landscape plan:

(a)

Proposed trees, plants, grass and other vegetative landscape features, including their location, height, size and type by common and botanical name, location of plant materials and light poles shall be coordinated to prevent diminished illumination from light fixtures due to the installation or future growth of plant materials;

(b)

Proposed berms, watercourses and other topographic landscape features, including their location, height, size and shape.

(4)

Architectural plan(s):

(a)

Proposed floor plans and elevations, including their size, shape, dimension, texture and exterior color, roof plans, sections through the building(s), typical dwelling unit floor plans;

(b)

Proposed elevations of fences, light poles, site furnishings, walls and signs, including their size, shape, dimension, texture, construction material, color and message content.

(5)

Site lighting plan:

(a)

A site lighting plan shall be provided as part of the application process. This plan shall show the photometrics of the site's lighting, for vehicular use areas, outside building areas, signs and streets. The plan shall be prepared by and signed and sealed by a registered professional engineer. The plan shall incorporate all existing and proposed sources of artificial light used on the site, including that from adjoining parcels. The site lighting plan shall be prepared at the same scale as the site plan in the application package. The site lighting plan must be certified for compliance with the Codes of the City.

(G)

Review Standards. The following standards shall be utilized by all applicable individuals and departments involved in the review and evaluation of required plans and exhibits:

(1)

Natural environment: All proposed development shall be designed in such a manner as to preserve, perpetuate and improve the existing natural character of the site. Existing trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive areas and uses. Special attention shall be devoted to natural vegetation along waterfronts. See also Articles VII, XI and XII where applicable.

(2)

Open space: Adequate open space shall be provided which meets the particular needs and demands of the proposed development and all specific zoning requirements. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the proposed development.

(a)

Passive open spaces (those areas not planned for intensive activity) shall be arranged as to enhance internal spatial relationships between proposed structures, to provide buffers between the project and adjacent less intensive uses, to facilitate pedestrian movements within the development, and to improve the overall visual quality of the site.

(b)

Active open spaces (those areas containing activities such as playgrounds, tennis courts, swimming pools and other active recreational facilities) shall be located so as to permit easy access for all residents or users within a development. Private recreational facilities within specific projects shall, wherever possible, complement rather than duplicate nearby public recreational facilities.

(3)

Circulation and parking: All circulation systems and parking facilities shall be designed and located in such a manner as to comply with the following:

(a)

A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Said system shall be separated insofar as practicable from pedestrian circulation systems. Pavement widths and access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and functional with circulation systems outside the development.

(b)

Whenever possible in proposed residential developments, living units should be located on residential streets or courts which are designed to discourage nonlocal through traffic.

(c)

Off-street parking areas shall be located and designed in such a manner so as to not create any incompatible visual relationships.

(d)

Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles.

(4)

Community services and utilities: All proposed developments shall be designed and located in such a manner as to insure the adequate provision, use and compatibility of necessary community services and utilities.

(a)

An adequate waste water collection system, including all necessary extensions and connections, shall be provided in accordance with City standards for location and design. Where necessitated by the size of the development, the public sanitary sewer connection is required; see Section 24-133. On-site wastewater systems must be provided in accordance with County standards and regulations.

(b)

An efficient solid waste collection system including the provision of an adequate number of local receptacles in locations which afford maximum use and collection convenience, shall be provided in accordance with all applicable City standards.

(c)

A well-designed internal system for fire protection, including the provision of properly located fire hydrants, adequate water pressure, and an efficient access arrangement for emergency fire vehicles, shall be provided to insure the safety of all persons within the project.

(5)

Building and structures: All buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract, from the overall quality of the environment. The following guidelines shall be followed in the review and evaluation of all buildings and structures:

(a)

Proposed buildings and structures should be related harmoniously to the terrain, other buildings, and the surrounding neighborhood, and should not create through their location, scale, style, color or texture incompatible physical or visual relationships.

(b)

Maximum privacy should be incorporated into the design of any individual residential units and related outdoor patio and living areas.

(c)

Building location and other site features shall be reviewed in the context of any proposed road widenings, particularly the Biscayne Boulevard frontage.

(d)

Proposed buildings located in Special Flood Hazard Areas as identified on flood insurance rate maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA) shall have the lowest floor elevated no lower than the level of the base flood elevation.

(e)

Proposed buildings and site shall be compliant with the Americans with Disabilities Act (ADA) and Miami-Dade County Code of Ordinances.

(f)

Proposed buildings shall be compliant with the Fair Housing Act as required.

(6)

Signs: Shall be reviewed in the context of Article XIII.

(7)

Crime Prevention Through Environmental Design: All proposed development shall be designed to discourage and reduce the possibility of nuisance and criminal activity. Towards that goal, all applications for site plan approval shall be reviewed by the Police Department to assess areas or elements which may encourage crime and to insure opportunities for police surveillance. The Police Department shall analyze and make recommendations regarding all factors that affect crime prevention including, but not limited to, the following: Location, traffic, visibility, windows and doors, security lighting, parking lot lighting, use of digital security cameras, especially in parking areas and other common areas, including ingress and egress areas, and address numbers. In making recommendations, the Police Department shall apply generally accepted standards of environmental design calculated to promote crime prevention.

(8)

Landscaping: All locations of plant materials shall be coordinated with the location of other elements of the site plan, particularly lighting fixtures and light poles. Landscaping and lighting shall not be placed in such a way as to cause the diminishment of illumination due to the placement of the lighting poles and plant materials or the future growth of the plant materials.

(9)

Lighting: Placement of the lighting fixtures shall be coordinated with the placement of landscape materials, as noted above.

(H)

Final Site Plan Approval. All applications for final site plan approval shall be submitted and reviewed in the following manner:

(1)

Department: The applicant shall submit his application site plan to the Department of Community Development at least three (3) weeks prior to the technical review of applications for development (TRAD) at which the application is to be reviewed.

(2)

Technical Review of Applications for Development (TRAD): City staff from various departments related to land development shall, under the direction of the City Planner discuss and make recommendations to the applicant regarding matters related to infrastructure, capacities, overall design and layout, zoning, comprehensive planning, engineering, landscaping and other relevant matters based upon the review standards in paragraph (G) above. The applicant shall change the plans for the application to the degree necessary to accommodate the comments from TRAD. Those topics discussed during TRAD shall form the basis of the staff report that will accompany the application to the Planning and Zoning Board and the City Commission.

(3)

Planning and Zoning Board: After a public hearing, the Planning and Zoning Board shall vote to recommend approval or denial of the application to City Commission, based upon the review standards in paragraph (G) above.

(4)

City Commission: The City Commission may, by majority vote, either approve or overrule the recommendation of the Planning and Zoning Board, based upon the review standards in paragraph (G) above.

(5)

Reserved.

(I)

Expiration. An approved site plan shall remain valid for a period of eighteen (18) months from the date of approval with a master building permit issuance required. if a master building permit is not issued within an eighteen (18) month time period, the site plan approval, including any development right entitlements and any subsequent phasing, shall be considered null and void. If a site plan expires, a new submittal shall be required with board approvals. Minor site plan modifications which do not require board approvals would still be required to adhere to the original site plan approval expiration date. Major site plan modifications which require board approvals will receive a new eighteen (18) month period starting from the date of the modified final site plan approval. Site plan applications received prior to the effective date of this ordinance shall adhere to the previous expiration regulations. Additionally, if at any time a building permit lapses, the site plan, including all phases thereof, shall be considered null and void. All extension requests may be extended administratively for good cause for up to two (2), six (6) month periods by the City Manager or designee upon the payment of the appropriate fee, otherwise reapplication is necessary. Such extension must be administratively documented and filed with the appropriate department. This period may be extended by the Mayor and City Commission for good cause once the application and appropriate fees are paid, only when the applicant is not eligible for any more administrative extensions for the project.

(J)

Variance. No approval shall be given for a site plan containing features in conflict with this Code or any other current City ordinance. Any such conflict must be resolved through proper variance procedures, and no building permit shall be issued unless all necessary variances are so obtained.

(Ord. No. 91-22, § 2, 8/6/91; Ord. No. 2008-22 §§ 2, 3, 12/16/08; Ord. No. 2012-11, § 2, 8-7-12; Ord. No. 2019-06, § 2, 11-19-19; Ord. No. 2021-12, § 2, 12-14-21; Ord. No. 2023-02, § 2, 9-17-24)

(A)

Evaluation requirements. The Community Development Department shall evaluate the site plan as it relates to conformance to the Zoning and Land Development Regulations and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, the general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the City of North Miami Beach and promote the health, safety, and welfare of its citizens.

(B)

Definitions.

Administrative major site plan modification means minor changes to major site plans, architectural plans, or a combination thereof that were approved by the City Commission and can be approved administratively by the Community Development Director upon submission of a letter of intent, complete application, and fees paid. If at any time the Community Development Director has determined that the scope of the administrative site plan application is beyond minor, the request can be denied, and a regular site plan application would need to be applied for by the applicant. The City Manager and/or the Community Development Director and/or their designees shall not substantially alter, amend, or dilute the legislative intent and/or approved plans or site plans as passed by Ordinance or Resolution by the Mayor and City Commission. Site plan modifications for safety, to comply with Americans with Disability Act requirements, or to address floodplain or FEMA requirements may be approved under an administrative major site plan modification application.

Administrative site plan approval means an administrative approval in accordance with Section 24-172.1 (F) by the Community Development Director of a site plan modification.

Major modification means any modification that is a substantial alteration to the character of the approved site plan. Substantial changes are:

a)

A change in the use of the proposed development.

b)

Any increase in density or intensity where the limits on intensity or density was a condition, requirement or basis for approval.

c)

A reduction in required open space greater than ten (10%) percent.

d)

A change in setbacks or lot coverage by more than ten (10%) percent, provided the resulting setback or lot coverage does not exceed that allowed by the land use district.

e)

Significant changes affecting drainage design concepts and details due to:

1.

A decrease in site storage capacity.

2.

A decrease of site retention or detention area.

3.

An increase of impervious area or decrease of pervious area.

4.

A change in method of stormwater runoff disposal.

f)

A change in the type and/or location of accessways, drives or parking areas affecting off-site traffic to a condition or approval that could have a detrimental effect on adjoining properties.

g)

Any other proposed change where the criteria to qualify as a minor modification as defined in Section 24-172.1 (B) is not satisfied.

Minor modification means minor internal or external modifications to floor plans, architectural elevations, landscape plans, or site plans with no increase in density, which are insubstantial and do not change the intent of the City Commission approved site plan or resolution conditions, prior zoning actions and this Code. For the purpose of this section, Single Family homes and Two-family site plan variances shall be considered minor modification(s) and may be processed administratively by the Community Development Department.

Minor internal modification includes, but is not limited to, minor changes to a floor plan such as moving walls, adding furniture, painting, adding finishes (i.e., flooring, lighting, etc.), addition or removal of mezzanines (below the square foot threshold of a story), subdividing of tenant spaces, or increases of internal square footage not to exceed ten (10%) percent of the current square footage.

Minor external modification includes but not is not limited to exterior color changes, minor façade alterations that do not exceed fifteen (15%) percent in change (i.e., adding or removing windows, doors, columns, façade articulations, parapets etc.), or adding, removing, relocating, or replacing landscaping, roof color, awning, canopies, handrails, guard rails, exterior furniture, and door and window replacements. An increase in building footprint not to exceed ten (10%) percent of the approved building footprint so long as there is not an increase in density or creation of a non-conformity, including with setback regulations. Movement of the building(s) footprint shall not exceed ten (10) feet in any horizontal direction, and must adhere to setback regulations. Modifications to comply with Accessibility or Resiliency Standards (i.e., increasing elevations to meet FEMA requirements or adjustments to meeting ADA standards) shall be consider minor modifications.

Public Entity Site Plan review means site plans provided by public entities such as utility providers, federal agencies, and other government entities, etc., which may be exempt from some or all local zoning regulations as indicated in the Florida Statutes or federal regulations. They may be reviewed and approved administratively upon adequate proof provided by the applicant that the site plan is exempt. Administrative site plan applications shall not include variances which are processed under Section 24-176.

Site Plan approval means a site plan application which has been approved by the City Commission with a resolution or ordinance.

(C)

Application Procedure. Applications for Administrative Site Plan Review shall be submitted to the Community Development Department by the property owner or authorized representative with the required application fee(s). Additional fees may be added after submission for cost recovery in accordance with Section 24-170 if outside consulting services are required.

(D)

Administrative Site Plan Application Requirements:

(1)

Additional information may be requested when necessary to determine if the proposed site plan modification(s) is a major or minor site plan modification. The following plans, forms, and documents may be required for administrative site plan applications. The Community Development Director or designee may require the following documentation identified below depending on the scope of the request.

(a)

Letter of intent.

(b)

Warranty deed.

(c)

Property survey.

(d)

Site plans.

(e)

Landscape plan.

(f)

Tree disposition plan.

(g)

Architectural elevations.

(h)

Microfilm.

(i)

Civil plans.

(j)

Utility provider form.

(k)

Concurrency form.

(l)

Traffic Impact statement.

(m)

Drainage calculations.

(2)

Administrative site plan applications shall not include any variances which are separately granted in accordance with Section 24-176 but may include administrative waivers in accordance with Section 24-176.-1.

(E)

Administrative Site Plan Review Criteria.

(1)

Administrative site plan applications are subject to full or partial TRAD review depending on scope as determined by the Community Development Director or designee.

(2)

City staff shall review administrative site plan applications for:

(a)

Compliance with the City of North Miami Beach Zoning and Land Development Code (ZLDC), Code of Ordinances, and Comprehensive Plan.

(b)

Compliance with the site plan approval resolution, conditions of approval, certified plans of record, and easements or covenants, as applicable.

(c)

Compatible with the existing environment, adjacent properties, and harmony neighborhood.

(d)

Complies with parking regulations.

(e)

Internal site vehicular circulation.

(f)

No increase in non-conformities.

(g)

Adequate setbacks, buffering, drainage, and general amenities in order to control any adverse effects of noise, light, dust, and other nuisance.

(3)

Conditions may be imposed by the Community Development Director, City Manager, or designee to improve a project or property to further the code's compliance and intent.

(4)

Upon review, the Community Development Director, may, at any time, convert the administrative site plan modification to a standard application in accordance with Section 24-172 if the scope is determined to be a major modification instead of a minor modification.

F.

Administrative Site Plan Approval and Conditions.

(1)

Upon review of a complete application submittal and demonstrating compliance with review criteria listed in Section 24-172.1 (E), the Community Development Director may approve the administrative site plan application.

(2)

The Community Development Director shall provide notification of all administrative approvals to the City Manager or City Manager's designee.

(3)

The approval shall be valid for twelve (12) months for minor site plan modifications and eighteen (18) months for public entity and city owned site plan applications, or until a master building permit application has been applied for the scope of work, whichever is less. An administrative site plan approval may be extended in accordance with Section 24-172 (I) but shall not conflict with the expiration date of any previously approved resolutions, development agreements, or executive order extension.

(4)

The approval shall be valid for twelve (12) months for minor site plan modifications and eighteen (18) months for public entity and city owned site plan applications, or until a master building permit application has been applied for the scope of work, whichever is less. An administrative site plan approval may be extended in accordance with Section 24-172 (I) but shall not conflict with the expiration date of any previously approved resolutions, development agreements, or executive order extension.

(5)

The Community Development Department shall keep a copy of the certified approved plans on file and provide a digital copy to the applicant.

(Ord. No. 2023-02, § 3, 9-17-24)

No

certificate of occupancy shall be issued until application for same has been made and a fee has been paid by the applicant in accordance with the Land Development Code Fee Schedule to the Building Department of the City of North Miami Beach to defray inspection and clerical costs. A copy of a certified survey shall be submitted with the application. Certificates of occupancy shall be issued upon confirmation of satisfactory completion of building work in accordance with the Florida Building Code and the North Miami Beach Code of Ordinances, and a record thereof shall be kept on file in the office of the Building Department of the City of North Miami Beach. No certificate of occupancy is required for utility sheds, screen enclosures, screen rooms, greenhouses or structures under one hundred (100) square feet.

(A)

Applications. Applications for a change in zoning district boundaries shall include the following information; see Sections 24-179 and 24-180 for review procedures:

(1)

Address and location of the subject property;

(2)

Existing and proposed zoning of the property;

(3)

An accurate legal description of the property to be rezoned, and a computation of the total area of the property in square feet and to the nearest tenth ( 1/10 ) of an acre;

(4)

A statement of the applicant's interest in the property, including verification that he is the legal owner, a prospective owner having a bona fide purchase contract, or a duly qualified attorney retained by said owner or prospective owner;

(5)

A statement of the reasons or justification for the requested rezoning, and how the request adheres to the review standards and guidelines set forth below.

(6)

If the application is City-initiated, it may be signed by the Community Development Director and shall be exempt from the requirements of paragraphs (3) and (4) above.

(7)

The Community Development Director or designee in reviewing such application may require additional submittal documents, studies, or seek professional consulting services as reasonably necessary to enable review of such application and are subject to cost recovery fees pursuant to Section 24-170.

(B)

Rezoning Review Standards.

(1)

The proposed change would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan.

(2)

The proposed change would be compatible with the established neighborhood land use pattern.

(3)

The proposed change would not create an isolated district unrelated to adjacent or nearby use districts (spot zoning).

(4)

The proposed change would not alter the population density pattern and thereby have an adverse impact upon community facilities including, but not limited to, schools, streets, parks and utilities.

(5)

The proposed change would correct illogically drawn existing use district boundaries.

(6)

The proposed change would accommodate changed or changing conditions.

(Ord. No. 2020-02, § 2, 2-18-20)

(A)

Applications. Applications for a conditional use shall include the following information; see Sections 24-179 and 24-180 for review procedures:

(1)

Address and location of the subject property;

(2)

Existing zoning of the property;

(3)

An accurate legal description of the subject property, and a computation of the total area of the property in square feet and to the nearest tenth ( 1/10 ) of an acre;

(4)

A statement of the applicant's interest in the property, including verification that he is the legal owner, a prospective owner having a bona fide purchase contract, or a duly qualified attorney retained by said owner or prospective owner;

(5)

A statement as to why the requested use will not create any adverse effects upon surrounding properties, and how it adheres to the review standards and guidelines set forth below.

(B)

Conditional Use Review Standards.

(1)

The proposed use will be compatible with the existing natural environment and other properties within the neighborhood;

(2)

The proposed use will create no substantial detrimental effects on neighborhood property values;

(3)

The proposed use can be accommodated by adequate community facilities such as schools, streets, parks, and utilities;

(4)

The proposed use will have adequate provisions for vehicular and pedestrian traffic movement, both internal to the use and in the area which will serve the use;

(5)

The proposed use will have adequate drainage systems to service the use with particular attention to the necessity for on-site retention systems to alleviate runoff and pollution problems;

(6)

The proposed use will have adequate setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust, and other nuisances;

(7)

The proposed use will be located on property which is sufficient, appropriate and adequate for any reasonably anticipated expansion thereof; and

(8)

Any other conditions as may be stipulated and made a requirement in granting any conditional uses, when it is considered necessary to further the intent and general welfare, including, but not limited to:

(a)

Limitations on the hours of commercial or industrial operations,

(b)

Limitations on the number of occupants of any building at any one time.

(9)

Medical marijuana dispensary/medical marijuana treatment centers.

No medical marijuana dispensaries/medical marijuana treatment centers shall be located within five hundred (500') feet of the real property that compromise a public or private elementary school, middle school, or secondary school.

(C)

Expiration. A Business Tax Receipt must be obtained within one (1) year of the issuance of a certificate of occupancy or within one (1) year of conditional use approval, whichever is longer. This may be extended administratively for good cause for one six (6) month period by the City Manager or designee. This period may be extended by the Mayor and City Council for good cause.

(Ord. No. 2012-11, § 3, 8-7-12; Ord. No. 2017-12, § 5, 1-16-18)

(A)

Variance (Note: See separate variance procedure for signs in Article XIII). Applications for variances shall include the following information:

(1)

Address and location of the subject property;

(2)

Existing zoning of the property;

(3)

An accurate legal description of the subject property, and a computation of the total area of the property in square feet and to the nearest tenth ( 1/10 ) of an acre;

(4)

A statement of the applicant's interest in the property, including verification that he is the legal owner or a prospective owner having a bona fide purchase contract;

(5)

A statement as to the reasons for the requested variance;

(6)

A statement as to how the requested variance adheres to the review standards and guidelines set forth below.

(B)

Variance Review Standards.

(1)

A non-use variance to the terms of this Code that will not be contrary to the public interest may be recommended by the Planning and Zoning Board, and except as provided in Section 24-176.1, granted by the City Commission in compliance with the requirements of the City Charter in this Code, upon a showing by the applicant that the nonuse variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. For the purpose of this subsection, the term "non-use variances" involves matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question.

(2)

Appropriate conditions and safeguards, in conformity with the Code, may be prescribed as a condition of the granting of the variance, and violation of such conditions shall be deemed a violation of this Code.

(3)

The nonconforming use of adjacent lands, structures, or buildings shall not be considered grounds for the authorization of a variance.

(4)

A variance granted under the provisions of this Code shall automatically expire under the following conditions:

(a)

If a permit has not been applied for within one (1) year from the date of granting of a variance (or date of any final court order granting or modifying the variance), in accordance with the specific plans for which that variance was granted, or

(b)

If a permit issued within the required time period shall expire or be revoked pursuant to the Florida Building Code, and if the time period for originally obtaining a permit has expired, the variance shall automatically expire.

(Ord. No. 94-14, § 2, 6/21/94; Ord. No. 2012-11, § 4, 8-7-12; Ord. No. 2019-06, § 2, 11-19-19)

(A)

Purpose and Intent. The purpose of this section is to provide a procedure for property owners of existing developments to obtain minor administrative "non-use waivers" of regulations pertaining to dimensional development standards such as setback lines, frontage requirements, height limitations, lot size restrictions, and other minor waivers, provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying regulations.

Variances from subdivision and floodplain standards, as well as sign regulations, shall solely be governed by the variance procedures set forth in Article X and Article XIII, respectively.

(B)

Authorized Administrative Waivers. Notwithstanding any other provisions of this chapter to the contrary, the Director of the Department of Community Development or designee shall have the authority to, by administrative decision, approve, approve with conditions, or deny applications for the following administrative waivers:

(1)

A decrease or increase of any numerical requirements for not more than twenty-five (25%) percent.

(C)

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

(1)

New development that is subject to the site plan approval process provided in Section 24-172.

(2)

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

(3)

Variation of setbacks for more than two (2) sides of a building or structure.

(4)

Minimum required parking spaces.

(5)

Variances or waivers of density.

(6)

Where an administrative waiver, if granted, would expand or otherwise increase a previously approved variance or waiver.

(7)

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

(D)

Applications, and Signed Consent of Neighboring Property Owners, Mailed Notices.

(1)

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

(2)

Such application shall be accompanied by the required submittal documents and fee as determined by the Director or designee, which may include, but shall not be limited to, one (1) of the following:

(a)

Signed Consent of Neighboring Property Owners.

1.

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

2.

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

3.

If the applicant for an administrative adjustment is unable to obtain the signed consent of a neighboring property owner or, a neighboring property owner objects, the signature of that neighboring property owner shall not be required upon the applicant demonstrating compliance with this section.

(b)

Mailed Notices. The applicant shall follow the procedures promulgated by Department of Community Development governing written mailed notice to the abutting property owners. Such notice shall be deemed sufficient if it complies with the following:

1.

Accurately describes the adjustment requested;

2.

Informs the abutting property owners of the consequences of a failure to respond within a specified time; and

3.

Sent certified mail, return receipt requested.

(c)

Exceptions. The Director or designee may, after completing an inspection as provided in subsection (E), deem that mailed notice is not appropriate, and may waive the requirements of signed consent of neighboring property owners and of mailed notices set forth in this section, after a finding that the requested adjustment is so de minimis in nature, that it will not materially affect the abutting property owners' property rights or value.

(E)

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

(F)

Criteria for Granting an Administrative Waiver. The Director or designee shall review for the following standards when considering granting an administrative waiver:

(1)

The strict application of the code requirements would cause undue and unnecessary hardship to the property owner;

(2)

The waiver, if granted, shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

Notwithstanding the foregoing, no proposed administrative waiver shall be approved where the Director or designee determines that the proposed waiver:

(a)

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

(b)

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

(c)

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

(d)

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

(G)

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

(1)

Landscape materials, walls, and fences as required buffering.

(2)

Modification of the orientation or deletion of any openings.

(3)

Modification of site arrangements.

(4)

Modification of plans.

(5)

Declaration of restrictive covenants limiting the use of the property.

(6)

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

(H)

Decision by Director of the Department of Community Development or Designee. Upon receipt of all necessary information, the Director or designee shall review the information and render a decision, approving, approving with conditions, or denying the administrative waiver request. Decisions by the Director or designee pursuant to this section are discretionary and may not be appealed. If a request for an administrative waiver is denied, or the applicant disapproves of the conditions imposed, the applicant may seek a variance pursuant to Section 24-176.

(Ord. No. 2013-8, § 2, 8-6-13; Ord. No. 2019-06, § 2, 11-19-19)

Editor's note— Ord. No. 2019-06, § 2, adopted Nov. 19, 2019, changed the title of § 24-176.1 from "Administrative Code Waiver Process" to read as herein set out.

(A)

Due to unique or special circumstances, in addition, but not limited to the standards contained in Sections 24-175(B) and 24-176(B), all of which shall also apply hereto, a Special Limited Conditional Use application may be made and considered for a land utilization not specifically enumerated for the B-1, B-2, B-3, B-4, MU/TC, MU/EC, MU/NC, MU/C, MU/NWF, MU/SWF, and MU/EWF zoning districts.

(B)

Notice of all pending Special Limited Conditional Use Applications before the City Commission shall be provided by newspaper publication and by mail to all property owners (and to residents and tenants, where possible) within five hundred (500) feet of the subject property, said notice to be at applicant's expense.

(C)

All variance application requirements and review procedures shall apply, including Planning and Zoning Board review and recommendation, except that a different application fee may be required for a Special Limited Conditional Use application.

(D)

An applicant for a Special Limited Conditional Use shall agree to all conditions, restrictions and limitations imposed by the City Council in consideration and granting of said extraordinary utilization.

(E)

All applications for a Special Limited Conditional Use shall meet all landscaping, signage, site development and other appropriate standards of the host zoning district.

(F)

The granting of a Special Limited Conditional Use shall not be considered or utilized as a re-zoning of the subject property.

(Ord. No. 2011-10 § 4, 9/6/11; Ord. No. 2016-6, § 2, 7-5-16; Ord. No. 2019-06, § 2, 11-19-19)

(A)

Plats in General. All plats shall be prepared in conformance with Chapter 28 of the Miami-Dade County Code of Ordinances.

(B)

Preliminary Plats.

(1)

Preliminary plats shall be submitted to the Director for review and comment by appropriate City officials.

(2)

Preliminary subdivision plats shall be submitted in triplicate to the Planning and Zoning Board at its regular meeting. One (1) copy of same, which shall be labeled "official" by the Director and shall remain at all times with the Director and another copy shall be made available to the Public Works Director.

(C)

Final Plat.

(1)

The final subdivision plat shall be drawn on tracing cloth or parchment in India ink; and in such form as is acceptable both to the City and County authorities for recording purposes.

(2)

Such proposed final plat shall be submitted to the Planning and Zoning Board for its approval or disapproval with respect to the Board's recommendations to the City Council. Such plat must be presented at least ten (10) days prior to the meeting date of the Planning and Zoning Board upon which such plat should be considered.

(3)

Documents to accompany plat:

(a)

All applicants for subdivision approval shall submit, with the tentative subdivision plot plan, tax receipts of all parcels included in the subdivision, together with a notarized statement that no lien or liens are imposed on such property, also an abstract report.

(b)

Any deed restrictions shall be submitted.

(c)

No plat will be accepted without conforming and contiguous street dedications.

(4)

Mandatory dedication of open space areas:

(a)

Requirement: With regard to lands comprising at least ten (10) acres total acreage to be developed and/or subdivided, the developer and owner shall dedicate or set out five (5%) percent of same for parks, playgrounds and/or recreational purposes, in a location with suitable public access within the said acreage, as selected and determined by the Planning and Zoning Board, after considering the recommendation of the developer.

(b)

Access, use and ownership: All such lands may be retained in private ownership for public use, and shall be subject to such conditions as the City may establish concerning access, use, and maintenance of such lands, as deemed necessary to assure the preservation of such lands in perpetuity for their intended purposes and that the developer shall execute any and all documents necessary to effectuate the intended purposes.

(c)

Compliance: The City shall not issue any permit nor any certificate of occupancy until the developer and/or owner complies fully with this subsection.

(d)

Conveyance to City: Such lands may be offered to the City of North Miami Beach as a gift, and at the discretion of the City Council may be accepted upon recommendation by the Planning and Zoning Board.

(e)

Density bonus: In the event there is an actual direct conveyance by the owner and/or developer to the City of North Miami Beach by deed or other lawful conveyance, then in that event the developer and/or owner, at its option, may construct on the remaining portion of the said land and acreage, a ten (10%) percent increase in density as may be permitted by the Zoning and Land Development Code and the Comprehensive Plan of the City of North Miami Beach.

(f)

Payment by developer in lieu of dedication of property: The owner and/or developer shall have the further option to contribute and pay in cash to the City the market value of five (5%) percent of the total acreage to be developed and/or subdivided in lieu of dedicating or setting aside said amount of acreage for parks. Said payment shall be placed in a special trust account of the City and earmarked specifically for use for the development of parks, playgrounds, and/or recreational area or areas, which shall be used within a radius not exceeding three (3) miles from the lands being developed, and which shall be developed within five (5) years from the date of last payment into said fund; a tentative plan as to specific locations and the time-frames of development of such areas shall be prepared by the City Manager and submitted to the City Council for approval and/or modification within a period not exceeding ninety (90) days from the date of the developer's last payment to the City.

(Ord. No. 2008-22 § 5, 12/16/08)

(A)

Board Responsibilities. The Board shall review and make advisory recommendations to the City Commission on all applications for the following:

(1)

Rezonings;

(2)

Conditional uses;

(3)

Plats of subdivisions;

(4)

Changes to the Comprehensive Plan;

(5)

Changes to the Zoning and Land Development Code;

(6)

Variance, unless otherwise provided for herein;

(7)

Site plan;

(8)

Special Limited Conditional use.

(9)

Abandonment or vacation of public right-of-way.

(B)

Board Procedures.

(1)

All board meetings shall be open to the public and a public hearing shall be held on all cases listed in (A) above. Where applicable, State-mandated advertising requirements shall be met.

(2)

The Director or his representative shall be in attendance at all meetings to serve as secretary, to serve as an advisor, give evidence and make recommendations.

(3)

No action shall be taken on any application unless a quorum is present. No member shall be permitted to abstain from voting unless he has a conflict of interest as defined in accordance with Chapter 112, Florida Statutes as may be amended from time to time.

(4)

Minutes shall be kept of all meetings and procedures and shall include the vote of each member on each question, and the motion shall state the reason or reasons being based upon the prescribed guides and standards of good zoning and planning principles. If a member is absent or obtains from voting, the minutes shall so indicate.

(5)

The Board shall keep accurate record of its minutes which shall be filed, together with all resolutions, with the City Clerk and the same shall be open for public inspection at reasonable times and hours.

(6)

All applications before the Board or City Commission shall be represented by the legal owner, the prospective owner having a bona fide purchase contract or a duly qualified attorney retained by said owner or prospective owner.

(7)

All board recommendations shall be by motion.

(C)

Special Procedures for Variances.

(1)

Board vote: An affirmative vote of two-thirds (⅔) of the members present is required to approve a variance.

(2)

City Commission vote: A majority vote of the members present can approve a variance. However, a two-thirds (⅔) affirmative vote of the City Commission is required to overrule a board recommendation for denial of a variance. The City Commission may attach conditions to a variance approval. See also Section 106 of the City Charter.

(Ord. No. 2019-06, § 2, 11-19-19; Ord. No. 2024-16, § 2, 2-18-25)

(A)

Denials and Withdrawals.

(1)

Upon the denial of an application for either a rezoning or variance, except for those provided pursuant to Section 24-176.1, a period of twelve (12) months must run prior to the filing of a subsequent application relating to the subject property. Such limitation shall not apply to applications filed by the Director. However, applications may be denied without prejudice and, in such event, there shall be no prohibition of the filing of a subsequent application.

(2)

An application may be withdrawn without prejudice by the applicant as a matter of right; provided, the request for withdrawal is in writing and filed with the Director prior to a formal final decision. The applicant shall not be entitled to the return of any application fee.

(B)

Notices.

(1)

Newspaper publication: Notice of all pending rezoning or land use variance applications before the City Council shall be advertised in a newspaper of general circulation within the City of North Miami Beach in accordance with statutory requirements.

(2)

Courtesy Letters:

(a)

All property owners within five hundred (500) feet of property which is the subject of a rezoning or land use variance request and within five hundred (500) feet of property which is the subject of a variance request and within five hundred (500) feet of commercial or multifamily property which is the subject of a site plan approval request shall be transmitted a courtesy notice by mail stating the following:

1.

Date, time and place of hearing;

2.

Type of petition to be considered; and

3.

Place and times the petition may be reviewed.

(b)

The names of the property owners shall be as listed in the most current edition of the Miami-Dade County Tax Rolls. Failure of a property owner to receive such courtesy notice shall not void any decision reached on the subject matter.

(c)

When a multifamily residential structure, which contains a legally constituted homeowners' or condominium association, is located within the distances in (2) above, an individual notice shall be sent to each fee simple property owner. Additionally, a single notice transmitted to the current president or officer in charge shall be posted in a public common area such as lobby, elevator, clubhouse or meeting room.

(3)

Large area rezonings: With respect to rezoning applications on property consisting of five (5%) percent or more of the total land area of the City, the requirements of Section 166.041, Florida Statutes, as the same may be amended from time to time shall be applicable in lieu of subsections (1) and (2) hereof.

(4)

Sign(s) posted on property: All properties that are the subject of a pending zoning or other land use application and scheduled for public hearing shall be posted by the owner/applicant at his/her expense with a sign(s) having the following criteria:

(a)

Sign(s) shall have dimensions of 48" × 48". Applications containing excessive text shall be 48" wide × 60" high. Signs pertaining to single-family residences shall be 24" × 24".

(b)

Bottom of sign shall be placed thirty-six (36) inches above grade, if ground mounted.

(c)

Sign shall be located as close to the front property line(s) as possible, or in other location approved by the Community Development Department Director in order to maximize visibility.

(d)

Corner properties shall require (2) such signs, one (1) each facing both streets.

(e)

Sign shall include the date and time and place of public hearing, applicant name, and the specific request(s).

(f)

Sign shall be posted ten (10) days prior to the Planning and Zoning Board public hearing, and be removed within forty-eight (48) hours after City Council action.

(g)

Sign shall be placed on the property prior to both the Planning and Zoning Board meeting and the City Council meeting.

(5)

[Reserved.]

(C)

Filing Fees. All applications shall be accompanied by an official filing fee which shall be used to defray expenses for administration, notices and advertisements, additional fees may be required pursuant to Section 24-170. The fees are specified in the Land Development Fee Schedule which is Appendix A of this Chapter.

(D)

Waiver Requirements for Replatting. Whenever the dimensions or description of an existing recorded plat are changed, the procedures of subsection (B) and (C) shall be complied with, except if:

(1)

The replat or resubdivision involved consists only of the dedication of a road, highway, street, alley or easement and due to unusual conditions and circumstances the Director 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 on a form furnished by the legal department, and may be subject to compliance with such conditions as may be deemed appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the City Council. Posting of bond may be required.

(2)

The land to be replatted or resubdivided is to be divided into no more than two (2) parcels.

(E)

Appeals. An appeal of a Planning and Zoning Board decision must be filed with the City Council office within ten (10) days of the board decision.

(Ord. No. 2008-22 § 4, 12/16/80; Ord. No. 98-13 §§ 1, 2, 11/17/98; Ord. No. 2013-14, § 2, 11-5-13; Ord. No. 2015-19, § 2, 11-17-15; Ord. No. 2019-06, § 2, 11-19-19)