This Code of the Village of Palmetto Bay Land Development Regulations shall be entitled and may be referred to as the Code ("Code").

(Ord. No. 09-18, § 1, 8-20-2009)

This Code is enacted pursuant to the requirements and authority of F.S. ch. 163, Part II (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in F.S. ch. 166, (Municipalities) and the Constitution of the State of Florida.

The purpose of this Code is to further implement the comprehensive plan of the village by establishing regulations, procedures, and standards for review and approval of all development and use of land and water in the village in addition to and in more detail than those in the plan. Further, this Code is adopted in order to foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, and progressive development of the village. It is the intent of this Code that the development process in the village be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and the consideration of the interests of the citizens of the village. The Land Development Code shall apply to all development, including redevelopment or changes in land use throughout the village. No development, redevelopment, or change in land use shall be under taken without prior authorization under this Code.

(Ord. No. 09-18, § 1, 8-20-2009)

(a)

General applicability. All development, redevelopment, alterations, changes of use, etc., shall comply with the requirements of the village comprehensive plan and the Code. A development order shall only be permitted if it complies with the goals, objectives, and policies of the comprehensive plan and Code. Except as expressly provided in this Code, no development and/or use of land shall be undertaken without prior approval of the village and the issuance of a development order pursuant to this Code. The fact that a development order, permit, or decision has been issued by an officer or employee with ostensible authority over the interpretation or enforcement of this Code shall not stop or otherwise prevent the village from strict enforcement of the provisions of the comprehensive plan and this Code.

(b)

Vested rights. A right that cannot be changed or altered by changes in the regulation. Existing land uses that were lawfully conforming uses prior to the adoption of the comprehensive development master plan or the Land Development Code shall continue as lawful uses and shall be subject to and regulated by vested rights policies contained in the Land Development Code.

(c)

Existing lots. All duly approved and recorded lots of record that existed as legal lots of record prior to adoption of this Code shall continue to be legal lots of record. This vested status may only be relinquished upon voluntary action by the vested entity.

(d)

Existing development order or administrative site plan approval time period/expiration. The provisions of this Code shall not affect, or be enforceable against, any development for which a development order was issued prior to the effective date of this Code. Any building or structure for which a lawful building permit was issued prior to adoption of this Code, as amended, and construction of which is in conformity with approved site plans and building plans shall not be affected by the changes to the Code, if the planned building or structure is built in full compliance with the land development regulations existing at the time of the issuance of the building permit. Notwithstanding the foregoing, for developments that previously obtained a development order, this exemption shall expire on the date applicable to the development orders as provided under subsection 30-10.4(c). This exemption shall expire earlier in the event any site specific condition or requirement. In the event the foregoing exemption expires as provided above, or the required building permit is obtained but thereafter expires, then the development order shall be deemed null and void and a new application for development shall be required. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of this Code, and any amendments hereto.

(e)

Existing building permits; time periods/expiration. The provisions of this Code shall not affect, or be enforceable against, any development for which a building permit was issued prior to the effective date of this Code and said permit was the only required development order, provided the building permit remains valid and construction has begun. Upon completion of a development exempted pursuant to this section, the development shall thereafter be subject to the provisions of this Code and any amendments hereto.

(f)

Completion date. Development authorized by a development order other than the building permit and exempted from the provisions of this Code hereof, shall be complete and satisfy all requirements for the issuance of a certificate of occupancy or certificate of completion, as applicable, within 24 months of the date of issuance of the development order.

(g)

Application approval. Development applications requiring a public hearing shall expire after 180 days if the applicant has not scheduled a community workshop and public hearing. Development applications seeking administrative approval shall become null and void after 120 days if the applicant has not provided a complete response to a determination of non-compliance consistent with section 30-30.3. A new application and fee shall be required and the submission shall conform to all the requirements of chapter 30 at the time of resubmission. The above time frames shall be extended once only for a maximum of 30 days, unless an extension is requested by the village.

(h)

Extensions of time. If additional time beyond the completion date under subsection 30-10.4(c) is desired by a developer, the developer may request an extension from the village council by filing an application for extension prior to the expiration of the development order. The village council shall consider any such request on a case-by-case basis and may grant an extension for a period of time deemed reasonable by the village council provided; however, the developer clearly establishes good cause for the extension substantially based upon events or occurrences beyond the control of the developer or inability to obtain financing, volatility in the economy, and/or changes in the market conditions affecting a project, standing alone shall and constitute circumstances beyond the control of the developer.

(Ord. No. 09-18, § 1, 8-20-2009; Ord. No. 2022-07, § 1, 3-21-2022; Ord. No. 2024-02, § 2, 2-26-2024)

(a)

Continuance of nonconforming uses. Nothing contained in this Land Development Code shall be construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement, or premises legally existing in the respective districts as of the adoption of this Code. Any modification of an existing lawful use shall conform to the regulations this Code.

(b)

Change in location of nonconforming building or structure. Should any nonconforming building or structure be moved, it shall be required to conform to the existing regulations for the district.

(c)

Rules for interpretation. Nothing in this Land Development Code shall be interpreted as authorization for, or approval of, the continuation of any illegal or unauthorized nonconforming use of a building and/or structure. The casual, intermittent, temporary, or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconformity.

(d)

Expanding or extending permitted nonconformity is prohibited, except under the following circumstances:

(1)

Restoration. Any nonconforming structure that has been damaged or made unsafe or unusable to an extent less than 50 percent of either the assessed value of the structure excluding the land recorded by the property appraiser's office, or the comparable property appraisal for the total market value of the structure, may be restored or reconstructed to its intended use, provided; however, the floor area of such use, building or structure shall not exceed the floor area requirements that currently exist under the Code. All repairs shall be substantially completed within one year of the sustained damages or such use shall not be restored. A nonconforming feature may not be increased or intensified. The one-year period may be extended by the building official, consistent with emergency repairs and extensions provided under the Florida Building Code.

(2)

Repairs. Normal maintenance and repair and incidental alteration of a nonconforming structure or a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered to improve interior livability; provided, however, that no structural alterations are made that would increase the number of dwelling units or otherwise increase a nonconforming feature of the structure.

(3)

Site alterations. Site alterations, including but not limited to the management of off-street parking or the enlargement of nonbuilding recreational facilities of a nonconforming use, are permitted provided that the proposed alterations do not increase the degree of nonconformity.

(4)

Single family dwellings. Restoration, repairs, and site alterations can be made to existing single family dwellings in districts that allow such single family dwellings, provided that such restorations, repairs or site alterations do not increase the number of dwelling units, increase density, increase the degree of the nonconformity, or result in a different type of nonconformity from that which is already considered to be grandfathered.

(5)

Nonconforming density. Existing residential dwellings that are nonconforming as to density shall not require a variance to permit the otherwise allowable addition or alteration to the building or site, provided that the density is not increased.

(e)

Effect of actual construction and application for certificate of use or building permit. To avoid undue hardship, nothing in this division shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to adoption of this Code and/or upon which actual building construction has commenced and continued in compliance with the building code and applicable provisions of this Land Development Code. "Actual construction" is defined to include the placing of materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be "actual construction," provided that all such acts have commenced and continued in compliance with the building code. In addition, nothing in this division shall be deemed to require a change in plans, construction, or designated use of any building on which a building permit or certificate of use and occupancy has been applied for prior to the date of the adoption of this Code. This division shall apply to any amendment to the Land Development Code in the same manner as the Code's original adoption. Where building permits or certificates of use and occupancy are sought in compliance with this division, the applicant shall have a period not to exceed six months after the effective date of these land development regulations, or applicable amendment thereto, within which to obtain a final building permit or certificate of use and occupancy.

(f)

Change in nonconforming uses without structural alteration. If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of a similar or higher (more restrictive) classification under the following conditions:

(1)

The change in use shall not intensify or enlarge the basic use of the building or premises by increasing the need for parking facilities; increasing vehicular or pedestrian traffic; allowing or increasing noise, vibration, fire hazard, smoke, dust or fumes; increasing hours of operation or number of employees; increasing ground coverage or adversely impacting drainage; otherwise resulting in a more intensive use of the building or premises; or changing the basic character of the building or premises unless such action would bring the use further into compliance with the current provisions of this Land Development Code.

(2)

When a nonconforming use of all or any part of a building, structure, or premises has been changed to a conforming use, that portion of the nonconformity shall be abandoned.

(3)

Abandonment of nonconformity. If a nonconformity is removed, abandoned, or ceases (except when government action impedes access to the premises), then any and every future use of the structure or premises shall be in conformity with the use provisions of the Land Development Code. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner. Additional structures that do not conform to the requirements of this Land Development Code shall not be erected in connection with such nonconformity. A nonconforming use shall be considered abandoned or having ceased when the land use has been discontinued for a period of 12 months as indicated by one or more of the following:

a.

Allowing licenses or certificate of use to lapse;

b.

Removing meters;

c.

Not maintaining structure in a habitable condition;

d.

Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent);

e.

Failure to perform actions pursuant to the terms of an active building permit; or

f.

Failure to occupy the site.

(Ord. No. 09-18, § 1, 8-20-2009)

The Village of Palmetto Bay is divided into zones or districts, as shown on the Official Zoning Map and described in the Code at Division 30-50. The zoning map, together with all explanatory matter thereon, is adopted by reference as Exhibit "A"†, and shall be considered a part of the Code. The zoning map is the official record of zoning status of property within the village. It shall be maintained by the village and shall be identified by the signature of the mayor, attested to by the village clerk and bear the seal of the Village of Palmetto Bay. A copy shall be maintained in the community development department.

(1)

Amendments to the zoning map. Amendments to the official zoning map shall be made in accordance with the procedures and standards of the Code.

(2)

Recording amendments to the zoning map. Within a reasonable period of time after any amendment to the zoning map, the change shall be posted on the zoning map.

(3)

Adoption of zoning map. The zoning map attached as Exhibit "A"† of this chapter is adopted as the official zoning map of the Village of Palmetto Bay, and all property within the village is hereby rezoned in accordance with the zoning map.

(Ord. No. 09-18, § 1, 8-20-2009; Ord. No. 2021-02, § 2, 1-25-2021; Ord. No. 2021-13, § 2, 7-19-2021)

†Note— Exhibit A is attached to Ord. No. 09-18 and is on file in the office of the village clerk.