(a)

Provisions of this division relating to public charter school facilities as defined herein shall be applicable in the incorporated area of the village.

(b)

The purpose of this division is to provide standards for considering approval of public charter school facilities. Any use proposed for a public charter school site, other than the public charter school facility use provided for in this division, shall be subject to all other applicable provisions of the Code.

(c)

As used in this division, the term "public charter school" or "charter school" shall mean an educational institution which is authorized and maintained in accord with the provisions of F.S. ch. 1002, as same may be amended from time to time, and as authorized by the Miami-Dade County School Board. The terms "child," "student," "pupil," and their plurals are used interchangeably in this division. For purposes of this division, student educational opportunities within a public charter school shall include one or more of the following:

(a)

Kindergarten. Preschool programs for children ages four through six years old.

(b)

Elementary school. Educational programs for children in grades one through five.

(c)

Middle school. Educational programs for children in grades six through eight.

(d)

Senior high school. Educational programs for children in grades nine through 12.

(Ord. No. 07-23, § 1, 7-2-2007)

The establishment, expansion or modification of a charter school facility in existing or new buildings, is authorized in zoning districts that allow such use as a permitted use, after public hearing and upon a determination that the standards established in this division have been met.

(Ord. No. 07-23, § 1, 7-2-2007)

All public charter school facilities shall submit the following information to the village's department of community development for review by the department and for consideration at a public hearing:

(1)

Written information:

a.

Total size of the site.

b.

Maximum number of students to be served.

c.

Grades or age groups that will be served.

d.

Maximum number of teachers, administrative and clerical personnel.

e.

Maximum number of classrooms and total square footage of classroom space.

f.

Total square footage of nonclassroom, administrative office space.

g.

Total square footage of nonclassroom, student activity space.

h.

Amount and location of exterior recreational/play area in square footage.

i.

Maximum number and type of vehicles that will be used in conjunction with the operation of the facility.

j.

Number of parking spaces provided for staff, visitors and operations vehicles and justification that those spaces are sufficient for the facility.

k.

Number of drop-off and pick-up spaces provided for automobile and/or bus use and justification that those spaces/areas are sufficient for the transportation needs of the facility.

l.

Days and hours of operation; weekly and annually.

m.

An explanation of any such activities anticipated to be conducted in association with the charter school but typically conducted outside of the hours of operation of the charter school.

n.

Means of compliance with requirements of the Florida Building Code, the National Uniform Building Code; and the departmental requirements of the Miami-Dade County Fire Department, Miami-Dade County Department of Public Health, the Florida Department of Health and Rehabilitative Services, and any Federal or State regulations applicable to the specific application and occupancy.

o.

A copy of the charter approved by the Miami-Dade County Public School Board.

p.

Traffic impact study, conducted by the village with reimbursement of cost by the applicant.

(2)

Graphic information. The following graphic information shall be prepared by a Florida registered design professional:

a.

A plan indicating existing zoning on the site and adjacent areas.

b.

A site plan indicating the following:

i.

Location of all structures.

ii.

Parking layout, automobile/bus stacking areas (parent pickup, school bus delivery/pickup, and special needs locations) drives and circulation.

iii.

Walkways.

iv.

Location of recreation areas and play equipment which shall include surrounding fences and/or walls.

v.

Any other features which can appropriately be shown in plan form.

c.

Floor plans and elevations of all proposed structures.

d.

Landscape plan listing quantities, size, and names of all plants.

(Ord. No. 07-23, § 1, 7-2-2007; Ord. No. 2018-07, § 1, 5-7-2018)

All charter school facilities shall meet the minimum requirements included herein:

(a)

Outdoor areas. Outdoor recreation/play areas are not required. Where provided, the outdoor recreation/play area shall, whenever possible, be located so that the recreation/play area is not immediately adjacent to single family residences or section line roads, nor create incompatible impacts on other immediately adjacent properties. Adequate screening in the form of a wall or fence and landscaping shall be provided wherever the outdoor/play area abuts a property under different ownership.

(b)

Signs. Signs shall comply with district regulations as contained in the Code; provided, however, that the total square footage of all signs in any residential district shall not exceed six square feet in size.

(c)

Automobile stacking. Stacking space, defined as that space in which pickup and delivery of children can take place, may be provided in the form of specified parking stalls and/or areas clear of vehicular drive aisles. Stacking space shall be provided for a minimum of two automobiles for charter schools with 20 to 40 children; schools with 41 to 60 children shall provide four spaces; thereafter there shall be provided a space sufficient to stack five automobiles.

(d)

Bus stacking. Stacking space shall be provided to accommodate the transportation needs of the children to the facility without causing back up on to adjacent public rights-of-way or substantial disruption to adjacent uses.

(e)

Parking requirements. Parking requirements shall be as required by the Miami Dade County Public School Board for the type and size of school proposed.

(f)

Height. The building height shall not exceed the height permitted for the underlying zoning district.

(g)

Landscaping. Landscaping and trees shall be identified and provided in accordance with Division 30-100 of this Code for the underlying zoning district.

(h)

Charter school facilities as described herein shall be prohibited from operating on property abutting or containing a water body such as a pond, lake, canal, irrigation well, river, bay, or the ocean unless a safety barrier is provided which totally encloses or affords complete separation from such water hazards. Swimming pools and permanent wading pools in excess of 18 inches in depth shall be totally enclosed and separated from the balance of the property so as to prevent unrestricted admittance. All such barriers shall be a minimum of 48 inches in height and shall comply with the following standards:

(1)

Gates. Gates shall be of the spring back type so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safety lock and shall be locked when the area is without adult supervision.

(2)

Safety barriers. All safety barriers shall be constructed in accordance with the standards established in the Code, except that screen enclosures shall not constitute a safety barrier for these purposes.

(i)

Lot coverage and floor area ratio. The charter school facility shall not exceed the lot coverage and floor area ratio allowed by the underlying zoning district.

(j)

Building setbacks. The charter school facility shall comply with the setbacks established in section 30-60.6 of this Code for buildings of public assemblage as allowed by the underlying zoning district.

(Ord. No. 07-23, § 1, 7-2-2007)

The owners of property where a charter school facility is proposed to be located shall at time of public hearing application submit a document in a form approved by the director suitable for recording in the public records assuring the following:

If the charter school facility is established, but fails to begin operation and/or the charter school fails after establishment, the property owner within 36 months shall cause:

(a)

The operation to be transferred to another charter school operator or the school board, approved through applicable processes of the Miami-Dade County School Board, or

(b)

The operation to be converted to an allowable use within the zoning district.

(Ord. No. 07-23, § 1, 7-2-2007)

(a)

Scale. The scale of the facility shall be compatible with the scale of surrounding uses.

(b)

Compatibility. The design shall be compatible with the design, types of uses, and intensity of uses of the facility site, surrounding buildings, and/or adjacent uses. The applicant shall provide an explanation regarding any activities anticipated to be conducted in conjunction with the charter school.

(c)

Buffers. Buffering elements shall be utilized for visual screening and substantial reduction of noise levels at all property lines where necessary to comply with section 30-60.11 of this Code.

(d)

Landscaping. Landscape shall be preserved in its natural state insofar as is practicable by minimizing the removal of trees or the alteration of favorable characteristics of the site. Landscaping and trees shall be provided in accordance with this Division 30-100 of this Code for the underlying zoning district.

(e)

Circulation. Pedestrian and automobile/bus circulation shall be separated insofar as is practicable. All circulation systems shall adequately serve the needs of the facility and be compatible and functional with circulation systems outside the facility. Automobile and bus stacking spaces shall be provided to accommodate the drop-off and pick-up needs without causing substantial disruption to adjacent rights-of-way or the surrounding uses.

(f)

Service areas. Wherever service areas are provided, they shall be screened and so located as to be compatible with the adjacent properties.

(g)

Parking areas. Parking areas shall be screened and so located as to be compatible with the adjacent properties.

(h)

Operating time. The operational hours shall be compatible with the activities of other adjacent properties.

(i)

Fences and walls. Outdoor recreation and/or play areas shall be enclosed with fences and/or walls at a minimum height of five feet.

(j)

Traffic impact. Village's adopted roadway level of service is not exceeded.

(Ord. No. 07-23, § 1, 7-2-2007; Ord. No. 2018-07, § 2, 5-7-2018)

The certificate of use shall automatically renew annually by the village upon compliance with all terms and conditions including maintenance of the facility in accordance with the approved plan and adopted zoning resolution. Said certificate of use is subject to cancellation upon violation of any of the conditions contained in this division or upon notification from the school board of revocation of the charter of the public charter school.

(Ord. No. 07-23, § 1, 7-2-2007)