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Palmetto Bay City Zoning Code

DIVISION 30

20.- DECISION-MAKING AND ADMINISTRATIVE BODIES

Sec. 30-20.1.- Village council as the local planning agency.

In addition to any authority granted to the village council by state law or by provisions of the Village Code, the village council shall have the powers and duties listed herein concerning this Land Development Code. The village council's authority shall include, but not be limited to approval, approval with conditions, modifications, or denial. Specifically, but without limitation, the village council shall have the authority to:

(a)

Take such action deemed desirable and necessary to implement the provisions of the Land Development Code and the comprehensive plan, including acting as the local planning agency for the village under F.S. § 163.3174. As the local planning agency shall have the powers and duties as provided in the referenced statute, including but not limited to:

(1)

Prepare and recommend to the village council amendments to the adopted comprehensive plan;

(2)

Monitor the effectiveness and status of the comprehensive plan;

(3)

Review land development regulations and changes to the official zoning district map and make recommendations to the village council as to the consistency of the regulation or change with the adopted comprehensive plan;

(4)

Serve as the land development regulation commission, pursuant to F.S. § 163.3164; and

(5)

Perform any other such duties as required by the Local Government Comprehensive Planning and Land Development Regulations Act.

(b)

Adopt and amend the official zoning map in accordance with the procedures outlined herein;

(c)

Adopt amendments to the text of this Land Development Code;

(d)

Review and approve applications for site plan approval;

(e)

Review and approve applications for conditional uses;

(f)

Review and approve applications for accessory uses;

(g)

Review and approve preliminary plats, and review and approve final plats;

(h)

Hear and decide appeals from any decision of the planning board;

(i)

Review applications for development approval for developments of regional impact (DRI) and to issue development orders therefore;

(j)

Enter into development agreements;

(k)

Grant, deny, or grant with conditions, variances to the following specified requirements: set back lines; height limitations; lot size restrictions; yard and/or landscaping; fence and/or wall; lot coverage; frontage; impervious surface ratio, parking and open space, frontage and signage; and

(l)

Hear and decide appeals with regard to administrative interpretations or decisions;

(m)

Appeal of administrative interpretations or decisions. The village counsel shall hear and decide appeals with regard to administrative interpretations or decisions.

(o)

Issue recommendations for amendments to the official zoning district map of the village, including zoning district classifications assigned to specific properties;

(p)

Assist the village manager and village attorney in the study of and proposed ordinances for potential Land Development Code amendments for consideration by the village council; and

(q)

Other planning, land development, and related plan implementation matters.

(Ord. No. 07-17, § 1, 6-18-2007)

Sec. 30-20.2. - Administrative official.

The administrative official shall be the village manager or his/her designee, who shall provide technical support and advice for the preparation and implementation of the comprehensive plan and this Land Development Code, and shall perform such other functions as requested by the village council and authorized by this Land Development Code, and consistent with the Florida Building Code. Specifically, and without limitation, the administrative official shall have the following duties:

(1)

Prepare and provide application forms for the development approvals authorized by this Land Development Code, and establish procedures for the processing of all applications, including setting required application filing deadlines to meet public hearing requirements;

(2)

Provide administrative interpretations of this Land Development Code;

(3)

Conduct pre-application conferences with applicants for development approval as required by this Land Development Code or as necessary or appropriate;

(4)

Review and approve building permits for zoning compliance;

(5)

Review and approve applications for site plan approval for permitted uses for zoning compliance;

(6)

Issue building permits for uses that have received necessary approvals by the village council pursuant to this Land Development Code;

(7)

Review and prepare recommendations for the village council's review of site plan applications for zoning compliance for all those applications which requires public hearings;

(8)

Review and approve certificates of occupancy and certificates of use for zoning compliance;

(9)

Approve minor zoning changes to approved site plans consistent with this Land Development Code;

(10)

Issue plat approval(s);

(11)

Prepare written orders of action by the village council regarding variance decisions;

(12)

Prepare the record upon which each final decision of the village council is based, for purposes of any appeal to the circuit court of the Eleventh Judicial Circuit in and for Miami-Dade County;

(13)

Approve administrative variances;

(14)

Approve sign permits for zoning compliance;

(15)

Review and approve stormwater drainage requirements for zoning compliance.

(Ord. No. 07-17, § 1, 6-18-2007)