Words and terms not defined shall be interpreted in accord with the Florida Building Code, Chapter 8 of the Miami-Dade County Code, and Division 30-20 of the village's Land Development Code relating to definitions. If no definition is provided in any of these identified sources, then the normal dictionary meaning and customary usage of the word shall apply.

Chapter 30 of this Code is not intended to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties, or to repeal any other provisions of the village's Code. When there are different regulations, one liberal and one more specific, both of which may apply to a given ruling, the more specific shall govern.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Building permit required. To obtain a permit, the applicant shall submit all the necessary application(s) with appropriate supportive information, plans, and applicable fees, as shows in Appendix "A" (attached hereto). A building permit shall issue after the applicant obtains all necessary development approvals required under the Code. The Miami-Dade County Building Code is hereby adopted by reference, as amended from time to time. Chapter 30 shall be supplemental to the Florida Building Code and no approval shall be granted pursuant to Chapter 30 that is inconsistent with the Florida Building Code.

(b)

The following development applications are subject to public hearing:

(1)

Conditional use permit(s);

(2)

Site plan approval(s) for certain developments as provided under subsection 30-30.5(f);

(3)

Variance(s);

(4)

Official zoning district map amendments(s);

(5)

Text amendment(s) to Chapter 30;

(6)

Comprehensive plan amendment(s);

(7)

Plat approval(s);

(8)

Amendments/deletion of conditions/covenants to zoning resolution;

(9)

Zoning in progress;

(10)

Appeals to the village council; and,

(11)

Other applications as may be provided for in the Land Development Code.

(c)

Pre-application conference. The purpose of the pre-application conference is:

(1)

To provide a potential applicant(s) the opportunity to discuss conceptual development of the proposed project and to determine applicable public policy and regulatory procedures.

(2)

To inform the village of any site plans in progress together with the scale and character of the plan so that the village may recognize the proposed development in any of the village's physical or facility planning.

(3)

To inform the applicant of the village's informal response as to the scale and character of the proposed development and to alert the applicant to all applicable ordinances and regulations as well as any specific areas of concern that the village may have for that specific site or proposed plan.

(4)

To clarify and inform the applicant of the village's site plan review procedures.

(d)

Building permit application(s) and all other development order application(s). A development order application is an action pursuant to Chapter 30, taken after public hearing or an administrative development review as provided under this Division 30-30. All applications for development shall be filed with the appropriate department, and shall be reviewed by all the various departments needed as per the applicable regulating authority, including Miami-Dade County and village public works, building, parks, and all outside agencies, including but not limited to the Miami-Dade County School Board, Miami-Dade County Fire Department, PERA, or the South Florida Water Management District (SFWMD). The application shall be accompanied by a fee as is established from time to time by the village council. No application shall proceed to public hearing without final sign off by the above applicable agencies where appropriate. All applicable state, county, and village codes and ordinances shall be complied with at all times. Where a conflict exits in the applicable code(s), the more restrictive shall prevail.

(1)

All applications shall include the following documents:

a.

Original executed application signed by the applicant and by the property owner, plus two copies of all necessary supportive construction drawings and documents.

b.

Location map including geographic coordinates at a scale not less than 1″ = 1,000′.

c.

Identification of applicable key persons, including, owner(s); owner's authorized agent(s); contracted buyer for owner's property; architects, engineers, landscape architects; and/or any other representative(s) or professional(s) involved in the application, if any.

(2)

A verified statement disclosing the name of each person having a legal or equitable ownership interest in the subject property. If the owner is a private corporation, or partnership trust, the name of each person holding an interest and percentage of interest in the entity shall be disclosed. If the owner is a publicly held corporation, the stock of which is traded on a nationally recognized stock exchange, the names and addresses of the corporation and principal executive officers shall be disclosed, together with the names of any stockholder owning ten percent or more of the stock.

(3)

The application shall be executed and sworn to by the owner(s) the property, or by the tenant(s) with the owner(s) sworn consent.

(4)

A survey that is no more than one year old, which accurately depicts site conditions, at a scale of not less than one inch equals 30 feet (1″ = 30′), certified by a state registered land surveyor. If a notarized affidavit of no change is provided, the survey may be older than one year, but no more than three year's old.

(5)

Sealed elevation plans showing all four elevations (north, south, east and west), and shall include heights, distances, and dimensions of existing and proposed new building conditions.

(6)

Sealed floor plans of all existing buildings (cross-hatched), and proposed additions. Revisions shall be "clouded."

(7)

The site plan shall include the information as required by section 30-30.5, and shall include a detailed parking legend. The legend will include a table showing all uses currently established at the location, and shall provide a parking breakdown indicating the number of spaces required for each business, based on the indicated uses. For new uses the number of parking spaces and calculation shall be based upon section 30-70.8. For existing uses the calculation shall be based upon the original development parking ratio that was established at the time of original construction. Parking legend shall be signed and sealed by architect of record and by Village of Palmetto Bay Planning and Zoning Director.

(8)

Copies of all prior approved variances, comments, declaration of restrictions, development orders and/or zoning resolutions applicable to the site.

(9)

Copies of all permits required by other agencies to be obtained within the time period required under subsection 30-30.2(k).

(10)

Legal description.

(11)

Other information as required by the village as may be necessary to determine conformance with and enforcement of the requirements of Chapter 30.

(12)

Proof of land ownership of property by warranty deed or other instrument.

(13)

The village may require a property owner to file supporting legal instruments as outlined below:

a.

Restrictive covenant. A restrictive covenant shall mean a binding document executed by the property owner that runs with the land and recorded in the public records. The restrictive covenant shall address specific conditions, concerns, easements, maintenance requirements, or other legal conditions on the use and/or maintenance of the property, and shall specifically provide an enforceable encumbrance on the use of the land.

b.

Unity of title. A unity of title, or other similar agreement or covenant, shall be required to be submitted on a form approved for legal sufficiency by the village attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives, assigns, and upon all mortgagees or lessees and others having any interest in the property. No permits shall be issued until the covenant/unity of title is recorded.

c.

Maintenance of common areas and facilities. A homeowners' association, master association or similar type of association, shall be created for the entire development (total property), which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase of development of a project so as to maintain buildings and other common areas provided however these associations, or the members thereof, are later made members of the master association. Alternatively, the property owner shall execute and record in the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land.

d.

Reciprocal rights or cross-easements (declaration of restrictions in lieu of unity of title). Recordable documents may be required to establish reciprocal rights or covenants for cross-easements in order to effectively provided for and maintain infrastructure. These cross-easements include water and sewer line, common parking area, street, driveway, entrance, exit, and other similar improvements provided for the common benefit. A declaration of restrictive covenants shall be approved for legal form and sufficiency by the village attorney, which declaration shall run with the land and be binding upon the heirs, successors, personal representatives, assigns, all mortgagees, lessees, and others having any interest in the property. The declaration shall contain the following necessary elements:

i.

That the property will be developed in substantial accordance with the approved site plan; that no modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought; and the village confirms that the modification would not: generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, tend to provoke a nuisance, or be incompatible with the area concerned, when considering the necessity and reasonableness of the modification in relation to the present and future development of the area. Should the village withhold approval, the then owner(s) of that phase or portion of the property for which modification is sought shall be permitted to seek a modification of the plan or covenant by public hearing application before the village council.

ii.

That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan.

iii.

That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he/she will not convey portions of the subject property to other parties unless and until the owner and the other party (parties) have executed and mutually delivered, in recordable form, an instrument to be known as an "easement and operating agreement," which shall contain, among other things:

A.

Easements for the common area of each parcel for ingress to and egress from the other parcels;

B.

Easements for the common area of each parcel for the passage and parking of vehicles;

C.

Easements for the common area of each parcel for the passage and accommodation of pedestrians;

D.

Easements for access roads across the common area of each parcel to public and private roadways;

E.

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each parcel;

F.

Easements on each parcel for construction of buildings and improvements in favor of each other parcel;

G.

Easements upon each parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

H.

Easements on each parcel for attachment of buildings;

I.

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon the parcel from adjoining parcel, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

J.

Appropriate reservation of rights to grant easements to utility companies;

K.

Appropriate reservation of rights to road rights-of-way and curb cuts;

L.

Easements in favor of each parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads;

M.

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities; and

N.

In addition, the easement and operating agreement(s) shall contain provisions with respect to the operation, maintenance and development of the property despite having several owners ensuing that the property(ies) will be constructed, conveyed, maintained and operated in accordance with the approved site plan.

These provisions or portions thereof may be waived by the village if they are not applicable to the subject property. An easement and operating agreement shall not be amended without prior written approval of the village attorney. Nonuse variances created solely by separate ownership, may be waived by the village. Waiver shall be approved by the planning and zoning director and village attorney.

iv.

The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the document is recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the owners and the village, upon the demonstration and affirmative finding that the covenant is no longer needed to preserve and protect the property for the purposes intended.

v.

Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.

e.

Breach of agreements; fines/enforcement of covenants and restrictions. The recording of separate mortgages on each phase subsequent to the recording of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development. The village shall require an enforcement mechanism on all covenants, declaration of restrictions, and/or declaration of restrictive covenants in lieu of unity of title documents requiring a $500.00 per day fine for violations of the conditions contained in the declaration.

f.

Staff shall periodically review all recorded covenants for compliance and/or enforcement and shall create a policy relating to periodic review.

(14)

Each application shall also contain the additional documents as may be required by specific provisions of this Code.

(15)

The administrative official may make a written determination to waive required documents if in his/her determination they are not necessary to protect the public interest or adjacent properties; they bear no relationship to the proposed project or its impacts on the environment, public facilities or adjacent land uses; or they are impractical based on the characteristics of the proposed use.

(16)

A proposed construction timetable is required for all development applications anticipated to exceed 24 months for completion of construction. {Cross-reference with subsection (k), infra}. The time table shall be included as part of the public hearing application and/or administrative site plan review. If approved, the time table shall be imposed as a covenant running with the land.

(e)

Review for completeness. Upon receipt of an application, the village shall have 15 business days to determine whether the application is complete (accepted) or deficient (rejected). The village shall notify the applicant in writing of his/her determination and shall provide written findings as to any deficiencies. The village shall not be required to take further action on the application until the deficiencies are remedied. Once the application is determined to be complete, it shall be reviewed in accordance with the applicable provisions of Chapter 30. Every modification to the application shall require an additional completeness determination which may delay processing, review or action on the application.

(f)

Official review and recommendation of an application. Each application shall be reviewed by the village planning department. The village may retain specialists, or expert consultants to assist in the review of an application, if the nature and content of the application requires professional expertise of one or more disciplines. The cost of retaining the consultants shall be borne by the applicant. Any extraordinary review by legal counsel shall also be borne by the applicant.

(1)

Application conferences. One or more conferences between the applicant and administration may be held. The conferences shall be informal and address the following:

a.

To inform the village planning staff, and developer/applicant of any related development approvals in order to facilitate village planning for the efficient management of issues related to public facilities and service impacts and any area-wide land use impacts.

b.

To inform the applicant of the village's planning policies and potential issues surrounding the scale and character of the proposed development, including related land use and infrastructure concerns, as well as impacts on schools and other public services. Village staff will alert the applicant to applicable ordinances and regulations as well as specific issues regarding the site and proposed plan for its development.

c.

To clarify and inform both the applicant and the village concerning the development approval procedure.

(2)

In cases where the village is to provide a review and recommendation to the village council, the village shall issue a written staff report, together with recommendations for denial, approval, or approval with conditions and shall include the conditions that the village deems advisable. The village shall schedule required public hearings and shall advise the applicant(s) as to any public notice requirements related to the quasi-judicial hearing.

(g)

Withdrawal or denial of development applications.

(1)

Withdrawal. The applicant shall be entitled to a continuance or withdrawal, without prejudice, of an application for development approval if the request is made in writing, prior to issuance of the public hearing required mailed notice requirement of subsection 33-30.11(o). If withdrawn timely, without prejudice. An application may be filed, or refiled after three months of the withdrawal. Requests for a continuance or withdrawal received thereafter; shall only be granted by the village council, with or without prejudice. The presumption shall be that the application is withdrawn with prejudice, unless specifically ruled otherwise by the village council. No application may be withdrawn after final action has been taken by the village council. If withdrawn with prejudice, an application may be filed or refiled six months after the withdrawal. Additionally, if the village has taken final action on an administrative waiver, the applicant may not thereafter withdraw the administrative application.

(2)

Denial. When an application for development approval is denied with prejudice, the item may not be brought forward again for one year. If denied, without prejudice, the matter may not be brought forward for six months. However, if the application is materially different from a prior proposal, then, there is no time prohibition to hearing the development application. An application for development approval shall be considered materially different if it involves a change in use, or a change in intensity or density of use of 25 percent or more. The village council shall resolve any questions concerning the similarity of the modified application.

(h)

Issuance of building permit(s)/display of permits.

(1)

A building permit shall be issued only after the village determines that the structure, building site and proposed use thereof comply with the requirements of, and have received all development approvals granted pursuant to this chapter, Florida Building Code, Chapter 8 of the Miami-Dade County Code and all applicable regulations. The burden of demonstrating compliance shall rest with the applicant. The issuance of a permit shall not be deemed to permit any violation of Chapter 30 or any other applicable laws or regulations. Nor shall the issuance of a building permit or any extension thereof, be deemed to allow contravention of, or supersede, the development application expiration deadline of 24 months pursuant to subsection 30-30.2(k).

(2)

Required display of building permit. A building permit or copy thereof shall be kept on the premises affected, in a conspicuous location visible from the public right-of-way and protected from the weather, whenever construction work is being performed thereon. No work shall be perform upon any building unless a building permit covering the work is issued and displayed as required by this division. No work shall be performed at a site upon receipt of notice that the building permit has been revoked.

(i)

Posting of bond for public improvements/record of action. For all public improvements, the village shall require the applicant to post a bond, letter of credit or cash bond, which shall cover 125 percent of the cost of the required improvements. The bond requirement is to protect the public interest, to ensure the development and proper completion of drainage systems, potable water systems, wastewater disposal, roadway improvements, sidewalks, landscaping or other requisite public improvements.

(1)

Record of action. One copy of the development approval and its component parts, including all application materials, shall be returned to the applicant after the village has marked the copy approved or disapproved and attested to same by the village's signature on the copy. The village shall maintain a master record of the development approval order and associated building permits.

(j)

Inspections. During construction or during the life-span of a valid a development approval order and associated permits, village planning and building staffs shall be authorized to inspect the subject premises to determine site conformity with the approved plans, compliance with Florida Building Code, Chapter 8 of the Miami-Dade Count Code and Chapter 30 of the Village's Code.

(1)

Development approval order/permit/code compliance review fees. For the purpose of determining compliance with the Florida Building Code, laws and regulations the village may require:

i.

Re-inspection (conduct a completion inspection) of the property for the purpose of issuing an occupancy license, certificate of use, or certificate of occupancy;

ii.

Inspections for possible code violation;

iii.

Re-inspections, as necessary, in order to discharge the village's official duties;

iv.

Re-inspections because the original inspection request occurred when the work had not been completed or inspection was premature; or

v.

Re-inspections for (a) violation(s) which existed in another building which the general contractor, builder, and/or owner had constructed, controlled or maintained an ownership interest in and had received notice of a violation. Should an unnecessary or premature inspection or re-inspection be required, the village may assess a development approval order/permit/code compliance fee as provided for in the village's fee schedule against the general contractor, builder and/or the owner for each inspection or re-inspection.

(k)

Development approval expirations.

(1)

Development approvals (administrative and/or through public hearing) shall be valid for 24 months from the date of approval. The 24-month period shall not apply to those developments that obtained a different timetable for construction during the public hearing process before the village council pursuant to subsection 30-30.2(d)(16). This expiration timetable requirement is exclusive of the Florida Building Code and Chapter 8 of the Miami-Dade County Code as to any building permit and the expiration provision of this subsection shall not be superseded by any Code.

(2)

Should a building permit not be issued and substantial completion not be obtained within the 24-month period, or applicable timetable described above at subsection (k)(1), the development approval shall be deemed null and void, and automatically terminate. Substantial completion shall mean the date the project, that is the subject of a development approval, is ready for beneficial occupancy by obtaining temporary certificate occupancy (TCO) or certificate of occupancy (CO).

(3)

An extension may be obtained prior to the expiration of the 24-month period or timetable described above at subsection (k)(1), provided the applicant request and obtain from the administration an extension not to exceed six months.

(4)

Any additional extension requests require a quasi-judicial public hearing before the village council. The village council may grant an extension(s) to the applicant for good cause. Good cause shall mean a determination by the village council that the request would not be economically, environmentally, or physically detrimental to the area; would not be incompatible with the development patters and community vision, based upon prior representations and timetables proposed by the applicant for the site specific development; and a finding of extenuating circumstances require the provision of additional time, which extenuating circumstances are not caused by the applicant due to negligence, or failure to diligently utilize the variance, conditional use, special permit or other development approvals within the time frame. Lack of financing may be a factor in determining a good cause extension request, provided, however, the applicant can demonstrate that financing was actively and timely sought with proper diligence.

(5)

Once begun, construction of a project shall continue to substantial completion without interruption, as required under the Florida Building Code. Where a building permit expires, is abandoned or is suspended, the village may require the filing of a new application that shall include any necessary revisions to achieve compliance with the most current provisions of Chapter 30 and other applicable laws that may have been enacted after the original approval. The timetable provisions provided herein shall not be superseded by any other Code.

(6)

A modification or revision to an administratively reviewed or public hearing site plan shall require application of the then existing Land Development Code regulations, as adopted at the time of the request for revision or modification.

(l)

Certificate of occupancy. No real property shall be occupied nor any building or structure shall be erected, altered, extended, used, moved, or use changed until the village issues a certificate of occupancy and/or a certificate of use. The certificate shall state that the building, structure or proposed use thereof complies with the adopted building codes. Where a certificate of occupancy is not applicable, a certificate of use or a certificate of completion shall be issued.

(m)

Certificate of use for new or altered structures and uses. No person shall use or permit the use of any structure and/or premises hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, until a certificate of use reflecting the use, extent of use, location, and other matters related to Chapter 30 shall have been issued to the owner or tenant. Where a building permit is involved, provision for the certificate of use shall be part of the building permit. The certificate shall show that the structure, use or the affected part hereof, are in conformity with the provisions of Chapter 30. It shall be the duty of the village to issue the certificate (or to approve its issuance where final responsibility for issuance lies with other officers and agencies) if the village finds that all the requirements of Chapter 30 have been met, and to withhold the certificate (or to prohibit its issuance) unless the village finds that all of the requirements of this chapter have not been met.

(1)

Certificates of use for temporary uses. A temporary certificate of use may be similarly applied for, issued, approved for issuance, or denied in accordance with general rules or regulations concerning temporary certificates for temporary uses to include, but not be limited to: construction staging, and temporary parking uses. The certificates may be issued for all or part of a building or premise, may establish duration of occupancy, and the conditions and safeguards as are necessary to protect the safety of occupants and the general public. Where a building permit is involved, provision for the certificate shall be part of the building permit as provided under Section 107, of the Florida Building Code.

(2)

Certificates of use for commercial uses; annual renewal and inspections. Any owner or tenant engaged in existing use of structures or premises (other than a nonconforming uses) shall apply for a certification that the use is lawful under existing zoning regulations. Upon application, and after inspection it shall be the duty of the village to issue the certificate, if the village finds the use lawful, or to withhold the certificate and take remedial action as is appropriate in the circumstances of the case, if the village finds otherwise. All commercial properties/uses shall be required to annually renew their certificate(s) of use. Applications for certificates shall be made to the village and shall cover the period from January 1 through December 31, and are to be renewed annually. Prior to issuance certificates of use, the village shall conduct an inspection of the site to ensure compliance with the provisions of this Code.

(3)

Certificates of use for buildings accessory to dwellings. Where buildings or other structure(s) accessory to dwellings are completed under the same building permit as the dwelling and are to be used for purposes normally accessory to dwelling use, no separate certificate of use shall be required. However, a certificate of use or certificate of completion shall not issue until all the work provided for under existing permits have been closed.

(4)

Where buildings or other structures accessory to dwellings are completed under different building permits from the permit for the dwelling, a separate certificate of use shall be required.

(5)

In the event there is a question as to the legality of a use, the planning and zoning director may require inspections, affidavits and such other information s/he may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued, or after the use is called into question. Additionally, the department shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid certificate of use, and to ensure compliance with the terms and conditions under which a certificate of use was issued. No certificate of use shall be utilized in a manner contrary to the regulations contained in this chapter.

(6)

Failure to allow inspection of the premises for compliance with the certificate of use conditions or approval shall result in termination of the use and a civil citation for $50.00 per day.

(n)

Condition precedent to issuance of a certificate of occupancy, certificate of completion or certificate of use. Stormwater contributing to or causing recurrent ponding in all new construction, substantial remodelings or additions to residential or commercial developments shall be eliminated through proper filling, elevating, drainage, or grading of the site. The ground shall be graded away from the building and foundation, but not so as to cause water to drain onto adjoining property(ies) or public rights-of-way. Property owners shall be required to maintain adequate swales, exfiltration drains, or other mechanisms to ensure that stormwater does not drain onto adjoining properties or public rights-of-way. Failure to comply with this provision shall result in the denial of a certificate of occupancy, certificate of completion, or certificate of use until such time as sufficient proof is provided to the village to document compliance with this condition precedent.

(o)

Permits may be revoked. Where a permit has been issued that is subsequently found to violate any local or state codes, and/or development order, the permit may be revoked upon reasonable notice to the applicant. The applicant is entitled to submit for review revision(s) to correct the violation(s).

(p)

Denial, revocation and suspension of zoning approvals relating to certificates, development orders, administrative decisions or any other order as authorized by Division 30-20. The village may deny, revoke or suspend a zoning approval relating to certificates, development orders, administrative decisions or any other order as authorized by Division 30-20, where not prohibited by state statute or county ordinance, under this division if the village determines that the applicant has:

(1)

Violated any provision of this Chapter 30;

(2)

Misrepresented or concealed a fact on the application, renewal application or replacement application for a registration certificate;

(3)

Aided or abetted a person who has failed to obtain a certificate in order to evade or avoid the provisions of this division;

(4)

Engaged in any conduct as part of the performance of a contract for service which constitutes fraud;

(5)

Violated any condition, limitation, or restriction of a certificate imposed by a village;

(6)

Failed to comply with the terms of a cease and desist order, notice to correct a violation, written assurance of compliance, or any other lawful order of the village;

(7)

Is found in violation of, or convicted of a violation of this division; or

(8)

If permit, certificate, development order, administrative decision or any other order as authorized in Division 30-20, is the subject of an appeal.

Except as provide for at section 30-30.14, no revocation or suspension of a certificate development order, administrative decision or any other order as authorized by Division 30-20, by the village shall be effective until the rendition of the appeal, if any, of the revocation or suspension, or until the time period for filing an appeal has expired, whichever is later.

(q)

Civil fines/citations. In addition to any other judicial or administrative remedies or penalties provided by law, rule, or regulation, any person who violates any of the provisions of the certificate requirements, any cease and desist order of the village, any notice to correct a violation, or any assurance of compliance, with respect to the matters regulated herein, or any other lawful order of the village, or any condition, limitation, or restriction of a certificate issued by the village, shall be subject to the imposition and recovery of a civil fine/infraction in an amount of not more than $250.00 per offense in conjunction with the village's fee schedule. Each day during any portion of which the violation occurs or continues to occur constitutes a separate offense. The funds recovered by the village shall be deposited in the village's code compliance fund to be used for code compliance purposes.

Appeals of civil fines/citations shall be to the special master pursuant to section 2-205 of the Village's Code of Ordinances.

(r)

Criminal penalties. In addition to any other judicial or administrative remedies or penalties provided by law, rule, or regulation, if any person willfully violates, fails, or refuses to obey or comply with any provision of this division, or any lawful order, any cease and desist order any notice to correct a violation, any assurance of compliance, or any condition, limitation, or restriction of a certificate issued by the village, that person, upon conviction of any offense, shall be punished by a fine not to exceed $500.00 or imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each day or portion thereof of continuing violation shall be deemed a separate offense.

(s)

Enforcement of development agreements. Certain development approvals shall require a development agreement to be recorded against the property in the public records in and for Miami-Dade County. The developer shall submit a biennial report on compliance with the terms and conditions of the development order and any associated timetable as required under subsection 30-30.2(k), and any associated development agreement to the planning and zoning department director in alternate years on the date specified in the development agreement, unless the development order by its terms requires more frequent monitoring. If the department does not receive the report, the director shall request in writing that the developer submit the report within 30 days. The failure to submit the required report within 30 days of the deadline shall result in the temporary suspension of the development order and shall result in enforcement as provided in the development agreement. If no additional development pursuant to the development order has occurred since the submission of the previous report, then a letter from the developer stating that no development has occurred shall satisfy the requirement for a report. Failure to comply with the timetable of subsection 30-30.2(k), and/or a development order and any associated development agreement shall result in the automatic expiration of the development order and shall trigger the enforcement provisions of any associated development agreement. The development agreement shall, at a minimum require a fine of $500.00, a day, per violation. Additionally, the development agreement shall provide that the village may seek injunctive relief to enforce the terms and conditions of the development agreement and associated development order. Moreover, failure to comply with the timetable imposed by the development order and agreement shall result in the expiration of the development order. The village shall be entitled to injunctive relief to cure any deficiencies and/or demolish any uncompleted structures, at the expense of the property owner.

(t)

Easements not to be adversely affected by permits. Where real property is encumbered by one or more easements (i.e., for drainage purposes, canal maintenance, water, sewage, gas, telephone, power lines, fire lanes, or similar purposes) and the easement is of record, by deed, survey, plat, land use map, or otherwise, and is of notice to the village, no permit shall issue for any development that would encompass even a portion of the easement area unless the applicant secures from the easement owner a written statement that the proposed use, building or structure, if installed in the proposed manner, will not interfere with the owner's reasonable use of the easement or that the structure, if built, may be required by the easement holder to be removed at the owner's expense.

(u)

Placement and removal of construction materials/site grading. Construction materials and equipment shall not be deposited on any premises, lot, or proposed building site prior to obtaining applicable development approvals and/or building permit(s). Only those materials and equipment applicable to the permitted work at the site shall be placed on the site. A site shall not be graded, nor trees removed until the appropriate permit(s) is/are issued. Surplus materials, construction debris, and construction equipment shall be removed from the premises by the owner/applicant if the job is interrupted, abandoned or delayed. In any event, the materials, debris, and equipment shall be removed before a certificate of occupancy, or use is approved.

(v)

[Presentation before general public regarding a proposed development project.]

(1)

Presentations required. A private developer of residential project which is greater than five units or a commercial project in excess of 15,000 square feet which requires Council approval to develop shall make a presentation to the general public between two and four weeks prior to Council deliberations. At the meeting for the presentation, traffic studies, plans, characteristics, parameters, architectural presentations and any and all other pertinent information by professionals working on the project shall be presented to the public for public discussion.

(2)

Notice. The developer shall schedule the meeting for the presentation with the village clerk and notice of the meeting shall be placed on the official website of the Village of Palmetto Bay at least seven calendar days prior to the meeting.

(3)

Meeting procedure. The meeting for the presentation shall take place on the evening of a regular semester school day of the Miami-Dade County Public Schools. No meetings shall be scheduled during Miami-Dade County Public Schools spring or winter breaks and the period of June 15 to August 15, federal holidays or when the village has zoning-in-progress or a moratorium in effect. The meeting shall allocate equal time to the developer and the public, for a minimum of 15 minutes for the presentation of the developer, and 15 minutes for questions and comments by the public, whereby the developer and any village staff present will attempt to answer all relevant questions from the public to the best of their ability. The meeting shall be facilitated by the village's public information officer.

(4)

Exemption. This subsection shall not apply to: (i) Any development that can be administratively approved by the planning and zoning department; (ii) exigent circumstances as determined by the village council.

(5)

All presentations shall be held at village hall.

(Ord. No. 09-28, § 1, 12-7-2009; Ord. No. 2012-06, § 1, 3-12-2012; Ord. No. 2012-23, § 1, 11-5-2012; Ord. No. 2015-06, § 2, 6-1-2015; Ord. No. 2017-09, 5-1-2017; Ord. No. 2020-06, § 3, 6-1-2020; Ord. No. 2021-23, § 2, 12-6-2021)

(a)

Administrative approval. The planning and zoning director shall have the authority to review and act on any application for development approval for a permitted use, unless a public hearing is required, in the zoning district in which a development is proposed. Every permitted use, except as exempted below, shall receive administrative site plan review. After reviewing all staff comments, the department shall act to approve, approve with conditions, or disapprove the site plan based on the criteria for site plan approval contained in section 30-30.5. The department shall provide written comments documenting any conditions to approval. If the site plan is denied, the department shall specify in writing the reasons for the denial. Where, in the department's opinion, the proposed site plan has a design, intensity, or scale that may produce potential area-wide impacts, the department shall forward the item to the village council for review and action during a public hearing. The department shall not have the authority to approve site plan applications for those uses that require conditional use or variance approvals, unless an administrative variance process applies. These approvals shall require village council approval, after public hearing.

(b)

Improvements exempted from site plan review. The department shall have the authority to review and act on the following improvements that are exempted from site plan review:

(1)

Individual single family dwellings, duplex, complying with code and not requiring public hearing;

(2)

Changes in plant species that do not decrease landscaped or pervious area, or in any fashion violate the village tree ordinance;

(3)

Deck(s) or walkway(s) which do not exceed 12 inches above existing grade and do not reduce the landscaped or pervious area below the minimum requirements;

(4)

Utility sheds not exceeding 100 square feet per property;

(5)

Fences;

(6)

Flag poles, provided Division 30-60, relating to telecommunications is complied with and Division 30-90, relating to same is complied with;

(7)

Docks, davits and boat-lifts. Exemption of any items listed above shall not eliminate any of the enumerated items from the requirements of the site plan review process if the item is a part of a proposed project or improvement that is subject to site plan review;

(8)

Signs, unless the sign(s) is/are part of a new building or development which requires site plan approval; and,

(9)

Alteration(s) or remodeling of existing buildings which affect less than 50 percent of the floor area of the principal building or use, or the cost of said alterations or remodeling is less than 50 percent of the fair market value of the improvement of the structure on the site prior to the alteration(s) or improvement(s); provided however, the alteration or remodeling complies with the current zoning and building code requirements. If the zoning and building code requirements are not complied with, site plan review shall be required.

(c)

Substantial compliance. Any changes or amendments to an approved site plan shall require a re-submission in accordance with the provisions of this division. However, if the department determines that the requested site plan change is minor, as delineated below, the department shall have the authority to review and approve the minor change with or without conditions. The department shall give written notice of his/her preliminary determination regarding the substantial compliance determination and shall hear any objections regarding the preliminary determination during a subsequent 30-day period. The planning determination shall be advertised in a newspaper of general circulation, advising the community of the 30-day deadline for an appeal. The village shall also provide notice as provided under subsections 30-30.11(l) and (o). At the conclusion of the 30-day period the department shall approve, approve with conditions, or deny the substantial compliance determination by written order.

(1)

Does not violate the minimum requirements of Chapter 30.

(2)

Does not violate any conditions of approval.

(3)

Does not violate concurrency requirements.

(4)

Properly considers land use compatibility, buffering, screening and landscape.

(5)

Decreases floor area ration (FAR), and lot coverage by ten percent, or less.

(6)

Decreases height, intensity and/or density by ten percent or less.

(7)

Does not require a variance.

(8)

Allows for a change in the location, size and general site compatibility of the structure, façade, lighting, signage, or general redistribution of square footage amongst structures by ten percent or less.

(9)

Does not increase the number of average daily trips from the site.

(10)

Does not alter the location of any points of ingress, egress, access for vehicular and pedestrian patterns to the site.

(11)

Does not substantially decrease the value of or substantially change the character or location of any improvement or amenity on the site.

(12)

Does not materially alter the landscape material, location, planting techniques, species, or size of trees, or in any fashion violate the village tree ordinance.

(13)

Does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved.

(14)

Increase in setbacks by up to ten percent.

Prior to the release of a certificate of occupancy, a certificate of use or a release of bond, the applicant shall file with the village an "as-built" site plan showing all approved constructed changes.

(15)

Does not increase the number of stories, or building height.

(16)

In the case of a public safety concern or maintenance concern when the variance being applied for encroaches in the public right of way, an administrative variance can be granted if the variance does not exceed two feet, within the public right of way, and does not interfere with the public right of way. Such request shall be submitted to the Planning and Zoning Director for review and final determination.

(d)

Live Local Act Compliance. Projects that seek administrative approval consistent with F.S. § 166.04151(7), shall demonstrate a commitment to affordable housing at the time of administrative site plan review submission.

(1)

Definitions. For the purposes of this subsection, the following definitions are provided for terminology not defined in Florida Statutes with respect to implementation consistent with the Village of Palmetto Bay Land Development Regulations:

Allowed as used in F.S. § 166.04151 shall mean as allowed under the provisions of the village land development regulations at the time of a proposal is submitted for development subject to F.S. § 166.04151.

Commercial as used in F.S. § 166.04151 shall mean only the commercial zoning districts of the village which are only properties zoned B-1 limited business district, B-2 business district, and Old Cutler Neighborhood Commercial District and no other zoning district.

Height within one mile as used in F.S. § 166.04151 shall mean one mile as can be traveled by human beings along the public streets of the village within the normal permitted lanes of travel from the center point of the proposed development site and shall not mean a straight-line distance as a bird might be able to travel.

Highest allowed density as used in F.S. § 166.04151 shall mean 54 units per acre as this is the highest residential density currently allowed and is expressed in units per gross acre and shall not mean density as used elsewhere in F.S. Ch. 166 when referring to intensity terminology applied to floor area ratio.

Highest currently allowed height as used in F.S. § 166.04151 shall only mean such height allowed by right within the village and not heights allowed if such height would require special approval under the village land development regulations of the proposed project under the Live Local Act.

Industrial as used in F.S. § 166.04151 shall not apply in the village, as no industrial zoning district exists within the village.

Mixed use as used in F.S. § 166.04151 shall mean only the mixed use zoning districts of the village which are only properties zoned downtown and village mixed use and no other zoning district.

(2)

Process for approval. The approval process for a qualifying development located within an eligible zoning district, shall include payment of a fee, and if application is not made by the owner of record, then a contract or agreement to purchase (that permits black-out of the financial purchase details) but is clear as to dates of effectiveness and due diligence periods, an application on a form provided by the village, site development plans, and affidavit of commitment to Miami-Dade County's Affordable Housing standards for income qualification, monitoring, and inspection during the full minimum 30 years of operation including acknowledgement of the auditing requirements for eligibility of all tenants living within the designated affordable housing units in order to establish compliance with the provisions of the Live Local Act and penalties for non-compliance as further outlined below. Upon application, the village shall complete a sufficiency review of the materials submitted and provide a response that the application is complete or specifically what items are still required at a date 60 days after submittal. The applicant shall then provide the items that are required for the sufficiency review which shall then begin another sufficiency review period that shall be completed at a date 60 days following re-submittal and so on until a complete application is provided. A contract to purchase must be in full force and effect during the sufficiency and review periods established within this section. If any due diligence period or other contract matter expires within such time periods, then the village shall not begin or complete the sufficiency review or application review.

(3)

Minimum requirements. The minimum requirements for certification of compliance with the Live Local Act are as follows:

a.

Site development plan that meets the requires of section 30-30.2, General application requirements.

b.

An affidavit confirming a 30-year commitment to provide affordable housing and monetary cap on all rent charges including any and all other fees as may be assessed to the occupants of units deemed to be affordable consistent with F.S. § 420.0004; an affidavit attesting to agreement and acceptance as to the annual audit requirements by a certified public accounting firm selected from a list provided by the village and paid for by the petitioners, or its successors, attesting to satisfaction of the such income and total rental fees and affidavit attesting to agreement and understanding that violations of such commitments shall be subject to a fine of no less than $5,000.00 per day for each violation determined by the annual audit and for each day the annual audit is not received by the village after March 1 of every year and affidavit agreement that any such fines shall constitute a lien on said property if not paid to the village within 60 days of receipt of the audit by the village by March 1 of every year and agreement to reimburse the village for any legal expenses in the enforcement of these provisions.

c.

An affidavit indicating the petitioners' commitment to comply with specific chapters of the Village Code applicable to the project (i.e., tree and landscaping, green building standards, public art, etc.) at the time of permitting.

d.

Compliance with all land development regulations applicable to the zoning district in which the project is proposed, except only as otherwise preempted by the Live Local Act with respect to height and density.

e.

Project narrative. The application shall contain a narrative which demonstrates compliance with section F.S. § 166.04151(7)(a)—(g).

f.

Affidavit of commitment and restrictive covenants. As a condition of approval and prior to any site or building permits for the project being requested or obtained, the applicant (and the property owner, if different from the applicant) must execute and have recorded in the public records of Miami-Dade County, Florida, an affidavit of commitment and restrictive covenants, first approved by the village attorney to ensure compliance with all code requirements. Such affidavit of commitment and restrictive covenants shall: (i) have terms acceptable to the village, (ii) run with and be binding upon the land for no less than 30 years from the issuance of a certificate of occupancy for the last principal structure of the project (iii) be enforceable by the village; (iv) detail the affordable housing and project conditions and restrictions required by this section, the Live Local Act and on the approval of the project; (v) provide for monitoring, and compliance requirements; and (vi) provide for the village's enforcement remedies. Mortgage holders will be required to execute and record a subordination of their lien interest to such affidavit of commitment and restrictive covenants prior to or simultaneously with the recording of the affidavit of commitment and restrictive covenants. The village will provide the monitoring and compliance forms upon submittal of the application, deemed complete and sufficient.

g.

Agent authorization. An affidavit with the property owner's notarized authorization.

(4)

Timeframe for review and issuance of approval: Upon receipt of a complete application, the village will complete its review and provide a response 60 days from receipt of such materials as required by this subsection.

(5)

Fee: The fee for a qualifying development will be $2,500.00 plus: $750.00 per acre or portion thereof and $250.00 per ten units or portion thereof and $225.00 per 5,000 square feet or portion thereof or as otherwise amended within the adopted fee schedule from time to time by the village council at public hearing.

(6)

Duration of approval: An approval received through this process shall have three months from the date of approval to apply for a building permit with the village. The application process and certification of compliance with the Live Local Act shall begin again if a building permit has not been issued by the village within six months of submittal of a building permit. This approval made be extended for an additional three months at the discretion of the community and economic development director for one time based on building permit application sufficiency.

(e)

Administrative (de minimis) variances. When the literal or strict enforcement of the provisions of the village's Land Development Code cause practical difficulties or injustice because of the size of the tract, parcel or lot, the topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions, and these conditions or difficulties do not result from the actions of the applicant, the planning and zoning director may grant an administrative variance for lot coverage, setback, height, buffer, lot dimension and/or floor area ratio (FAR) requirements in accordance with the following requirements:

(1)

Any development subject to a site plan that was either adopted at, or requires public hearing, shall not be eligible for an administrative (de minimus) variance.

(2)

An administrative variance granted under this section shall not exceed ten percent or two feet for properties other than single-family residences and 25 percent or five feet for single-family residence properties, whichever is less in either case, into any setback for height buffer, separation, and lot dimension. Accessory structures, uses and pools for single-family residence properties shall not exceed ten percent or 7.5 feet, whichever is less, into any front setback for height buffer, separation, and lot dimension. All other requests for lot coverage or floor area ratio shall not exceed ten percent of the permitted maximum for properties other than single-family residences and 25 percent percent for single-family residences.

(3)

An administrative variance shall be submitted to the planning and zoning director, his/her designee in the form of a written application and accompanied by the filing fee.

(4)

All administrative (de minimus) variance applications shall include written consent from the adjacent property owners. Failure to obtain the consent of all property owners immediately adjacent and across from the applicant's site, shall require denial of the administrative variance and the applicant may seek a variance as provided under section 30-30.6.

(5)

To approve an administrative variance application, the planning and zoning director shall consider the factors below, given each their due weight; however, no single factor shall be dispositive:

a.

There exists a practical difficulty or injustice because of the size of the tract, parcel or lot, the topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions.

b.

The administrative variance is not contrary to the public interest, and compatible with the Village Comprehensive Plan.

c.

The essential character of the neighborhood would be preserved with the variance.

d.

Substantial detriment to adjoining properties would not be caused by the variance.

e.

The plight of the applicant is due to unique circumstances of the property and/or applicant which would render conformity with the strict requirements of this chapter unnecessarily burdensome; and

f.

The special conditions and circumstances which exist are the result of actions beyond the control of the applicant. and these conditions or difficulties do not result from the actions of the applicant.

g.

No more than two sides of the encroaching construction shall be considered for a setback adjustment (all prior setback variances, administrative adjustments and alternative site development options shall count toward this limitation). The front set back is precluded from using an administrative variance process.

h.

No prior approved setback, lot coverage or building spacing variance(s), administrative adjustment(s) or alternative site development option(s) shall be further changed by administrative adjustment.

i.

The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holder(s) is obtained and submitted prior to permit issuance.

j.

The applicant provides written certification from a registered architect or engineer that the existing encroaching construction complies or can be made to comply with all applicable construction codes, including but not limited to the Florida Building Code, the applicable fire prevention code and other zoning regulations.

k.

The proposed accessory structure is a normal and customary accessory residential use.

l.

The impacts associated with the deviation requested are adequately mitigated through alternative measures.

m.

Protection of natural features, including trees, wetlands, archeological sites and similar circumstances.

n.

Conditions and safeguards. In granting an administrative adjustment, the director may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to: Landscape materials, walls, and fences as required buffering; modification of the orientation or deletion of any openings; modification of site arrangements; and modification of plans.

(6)

Sheds and similar accessory structures that existed prior to December 19, 2012, that are 150 square feet in size or less which do not exceed eight feet in height, shall be granted an administrative variance provided the structure is located no closer than three feet to an interior or rear property line, that the request is consistent [with section] 30-30.3(d)(5) above, and that the application includes an affidavit(s) of approval from the property owner(s) that abut the property boundary where the reduction is requested.

(7)

The planning and zoning director shall give written notice of his/her preliminary determination regarding the administrative variance to the adjacent property owners and shall hear any objections regarding the preliminary determination during a subsequent 30-day period. Administrative (de minimus) variance request for non-residential uses and multifamily residential uses shall be noticed according to section 30-30.11(o) as per mailing radius for variances. At the conclusion of the 30-day period the village shall approve, approve with conditions, or deny the administrative variance by written order. Any written objection received from a property owner within the notice radius within the 30-day notice time period shall result in a denial of the request and the applicant may seek a variance as provided under section 30-30.6. Notice of intent to issue the administrative variance will be posted on the property and noticed on the village. Posting of the property and notice on the village web site shall be considered supplementary in nature and a complementary service to the public and shall in no way compromise the outcome of the final disposition of the preliminary decision.

(f)

Scrivener's errors. The director shall approve an application to reform a clerical or scrivener's error in a prior zoning action, including an error in an application or notice, which error causes the zoning action not to accurately reflect the village council's intent, and where it is demonstrated that all of the following requirements are met:

(1)

The reformation shall not include a change of judgment, policy, or prior intent of the board;

(2)

Prior to the conclusion of the public hearing at which the zoning action for which reformation is sought was taken, the current applicant either did not know of the error, or knew of the error and made it known to the village council;

(3)

The reformation of the previous error in the resolution/ordinance is essential to insure that the zoning action reflects the intent of the village council;

(4)

The record, including but not limited to the staff recommendation, minutes, and motion, evidences the clear intent of the village council;

(5)

The substance of the decision of the board was evident at the time of the adoption of the zoning action, and there was no intent to deceive the public or the board on the part of the current applicant at any time;

(6)

Failure to approve the reformation would lead to an unjust result;

(7)

The error in the prior zoning action did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and

(8)

Any errors related to public notice did not affect the legal sufficiency of the required notice.

(9)

Notwithstanding the foregoing provisions, the director, within 30 days of the transmittal of a resolution, may reform a clerical or scrivener's error in a zoning action without public notice, if:

(A)

The error is not related to public notice; and

(B)

The error causes the resolution as written to inaccurately reflect the clear decision of the village council;

(C)

A reformed zoning action shall relate back to the original zoning action and the effective date of the corrected language shall be deemed to be the same as the effective date of the previous resolution/ordinance.

(Ord. No. 09-28, § 1, 12-7-2009; Ord. No. 2012-07, § 1, 4-2-2012; Ord. No. 2014-01, § 2, 1-6-2014; Ord. No. 2014-04, § 2, 6-23-2014; Ord. No. 2019-09, § 1, 6-17-2018; Ord. No. 2022-04, § 2, 5-2-2022; Ord. No. 2024-02, § 2, 2-26-2024)

(a)

Generally. The purpose of this section is to ensure that a conditional use, issued after a quasi-judicial hearing, shall only be permitted on specific sites where the proposed use may be adequately accommodated without generating material adverse impacts on properties and land uses within the immediate vicinity. The immediate vicinity shall be defined as the equivalent radius of the required mailed notice identified in section 30-30.11(o). A conditional use is one that would not be appropriate without restriction throughout the land use district, but, which, if controlled as to the area, location, hours of operation, and relation to the neighborhood or impacted vicinity, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity of the neighborhood. This section sets forth the procedures and criteria for approval conditional uses on specific sites. A conditional use shall be permitted only upon a finding that the proposed use satisfies the provisions of this section. Telecommunications conditional use hearings shall additionally comply with section 30-60.52[30], of this Code.

(b)

Review procedures.

(1)

Application and village review. The application for conditional use shall comply with section 30-30.5, relating to site plan review, and the applicant shall then seek the village council's approval of the site plan. An application for a conditional use shall describe how the specific land use proposed meets the criteria described below, and shall include a description of any measures proposed to mitigate against possible adverse impacts of the proposed conditional use on properties in the immediate vicinity. In addition, the application shall clearly describe:

a.

Scale and intensity of the proposed conditional use as measured by the following:

i.

Floor area ratio and impervious surface ratio;

ii.

Traffic generation;

iii.

Square feet of enclosed building for each specific use;

iv.

Proposed employment;

v.

Proposed number and type of service vehicles;

vi.

Off-street parking needs, as required under Division 30-70; and,

vii.

Compliance with the village's drainage requirements as provided for under subsection 30-30.2(n).

b.

On- or off-site improvement needs generated by the proposed conditional use and not identified on the preceding list to include the following:

i.

Utilities;

ii.

Accessory structures or facilities;

iii.

Roadway or signalization improvements, or other similar improvements;

iv.

Public facility improvements required to ensure compliance with concurrency management provisions provided in the Code; and,

v.

Other unique facilities or structures proposed as part of site improvements.

c.

On-site amenities proposed to enhance site and planned improvements. Amenities shall include some combination of mitigative techniques such as providing increased:

i.

Open space;

ii.

Setbacks from adjacent properties;

iii.

Screening and buffers;

iv.

Landscaped berms to mitigate against adverse impacts to adjacent sites; and,

v.

Mitigative techniques to abate smoke, odor, noise, water, flooding and other noxious impacts.

(2)

Action by village council. Upon receipt of the planning and zoning director's report and recommendations, and concurrent with its consideration of the site plan, the village council shall schedule a public hearing pursuant to subsection 30-30.9 of this Land Development Code. No conditional use shall be acted upon until the required public hearing has been held, with required notice. The village council shall conduct a quasi-judicial hearing, and shall issue a resolution approving, approving with conditions, or denying the conditional use. The resolution shall contain a written record of findings and any conditions of approval.

(c)

Specific criteria for approving a conditional use. A conditional use shall be permitted upon a finding by the village council that the proposed use, application, and site plan comply with the criteria specified herein. Telecommunications conditional use applications shall comply with the provisions of section 30-60.52[30], of this Code. A conditional use shall be denied if the village determines that the proposed use does not meet the criteria or is adverse to the public interest. The applicant shall demonstrate the following:

(1)

Land use compatibility. The conditional use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts shall be compatible and harmonious with adjacent land uses and shall not adversely impact land use activities in the immediate vicinity. Compatibility is defined as a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time so that no use condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility of land uses is dependent on numerous development characteristics which may impact adjacent or surrounding uses. They include the items listed above at subsection 30-30.4(b). Compatibility shall be measured based on the following characteristics of the proposed use or development in relationship to surrounding development in the immediate area:

a.

Permitted uses, structures and activities allowed within the land use category.

b.

Building location, size, scale, dimensions, height, and floor area ratio.

c.

Location and extent of parking, access drives and service areas.

d.

Traffic generation, hours of operation, noise levels and outdoor lighting.

e.

Alteration of light and air.

f.

Setbacks and buffers such as fences, walls, landscaping and open space treatment.

(2)

Sufficient site size, site specifications, and infrastructure to accommodate the proposed use. The size and shape of the site, the proposed access and internal circulation, and the design must be adequate to accommodate the proposed scale and intensity of conditional use requested. The site shall be of sufficient size to provide adequate screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, drainage, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use on the immediate vicinity.

(3)

Compliance with the Village's Comprehensive Plan and Chapter 30. The conditional use and site plan shall comply with environmental, zoning and other applicable regulations of Chapter 30, and shall be consistent with the comprehensive plan.

(4)

Proper use of mitigative techniques. The conditional use and site plan shall incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not unduly burdened with adverse impacts detrimental to the general public health, safety and welfare.

(5)

Hazardous waste. No conditional use which generates hazardous waste or uses hazardous materials shall be located in the village unless the specific location is consistent with the comprehensive plan, Chapter 30, and does not adversely impact wellfields, aquifer recharge areas, or other conservation resources, as may be applicable now or in the future. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation unless the village council approves conditions requiring mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. The plan shall provide for appropriate identification of hazardous waste and hazardous material, and regulate its use, storage and transfer consistent with best management principles and practices.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Purpose. The purpose of site plan review is to ensure that:

(1)

The development of individual sites is consistent with all applicable land use regulations and all other applicable standards and requirements prior to the issuance of a development permit(s);

(2)

The development approvals are based upon the provision and availability of adequate public facilities and services coincident with the impact of the development;

(3)

The development and supportive facilities and services further the public health, safety, comfort, order, appearance, convenience, morale and general welfare;

(4)

The development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site; and,

(5)

The development does not burden adjoining properties, or public rights-of-way by contributing to or causing recurrent stormwater ponding.

(b)

Development and uses requiring site plan review.

(1)

All permitted, conditional and accessory uses shall require site plan approval unless otherwise exempted from the approval by this division, or unless waived by the village council as provided below. No structure, parking area, part thereof, land, or water, shall be erected, increased, or used, or any change of use consummated, nor shall any building permit be issued therefore unless a site plan for the structure or use is submitted, reviewed and approved pursuant to the provisions of this division.

(2)

All buildings, building or structural alterations or remodeling, where the alterations or remodeling affects 50 percent or more of the floor area of the principal building or use, or the cost of the alterations or remodeling exceeds 50 percent of the fair market value of the improvement of the site prior to the alterations or improvements, shall require site plan approval.

(3)

All land improvements, site alterations, building expansions of any nature whatsoever, shall comply with these site plan regulations, shall also ensure compliance with subsection 30-30.2(n), relating to stormwater drainage, and comply with section 30-100.6.

(c)

Waiver. The village council shall have the authority to waive site plan requirements for modifications to existing structures that are necessary in order to comply with the requirements of applicable life safety codes.

(d)

Application. All site plan applications shall be reviewed and approved in accordance with the provisions herein prior to obtaining a building or other development permit.

(e)

Exemptions from site plan review. No site plan review shall be required under this section for the improvements as listed under subsection 30-30.3(b). However, these exemptions shall be included as part of any development project otherwise requiring site plan review.

(f)

Site plans requiring a quasi-judicial public hearing. Site plans review at public hearing shall be required for parcels encompasses five or more acres of land, proposes 20 or more dwelling units and/or 40,000 square feet of nonresidential and/or commercial building area outside of the mixed use districts. The village's two mixed-use districts shall comply with administrative site plan review, unless a specific requirement within those districts requires a public hearing.

(g)

Site plan application.

(1)

Village review.

a.

The village may retain consultants to assist in the review of a site plan application review when it is required due to the nature and content of the application, and the professional expertise is not held by one or more professions working for the village.

b.

The village's cost of retaining (a) consultant(s) shall be borne by the applicant.

(2)

Submission requirements. Applications for site plan review shall be accompanied by the following information and processed by the village only after the applicant has complied with the requirements below:

a.

The initial application shall include two copies of all site plans and required supporting documentation together with an original application signed by the owner of record. If it is determined by the village that the site plan application requires approval by the village council then ten copies of all site plans and required supporting documentation shall be submitted before a public hearing can be scheduled. Each application shall be accompanied by the application fee and a formatted CD ROM or DVD version of all the documents submitted. No application will be accepted nor reviewed until the fee is paid.

b.

Any portion of a site plan involving architecture, landscape architecture, engineering or surveying shall be certified by the individual responsible for that portion of the site plan and shall bear the seal, registration number, name and address of said individual.

c.

Site plans shall be prepared at a scale not smaller than one inch equals 30 feet and shall be submitted on sheets 24 inches by 36 inches. If a more specific site plan requirement(s) is(are) identified within a zoning district, the applicant shall additionally comply with the more stringent requirement(s).

d.

All site plans submitted for review and approval shall include the following information for all existing and proposed improvements:

i.

Location map at a scale of not less than one inch equals 1,000 feet, indicating state plane coordinates, if available.

ii.

The site plan shall show the name and address of the owner and/or developer, the county, state, legal description, north arrow, date and scale of drawing and number of sheets. In addition, it shall reserve a blank space on the front page; three inches wide and five inches high for use by the village.

iii.

A boundary survey, including legal description of the tract, at a scale of one inch equals 40 feet, showing the location and type of boundary evidence. The boundary survey shall be related to the state plane coordinate system, if available.

iv.

Deed, title abstract, and verified statement showing each and every individual person having a legal or equitable ownership interest in the subject property, except publicly held corporations, in which case the names and addresses of the principal, corporate officers, affiliates, partners or associates shall be included.

v.

All existing and proposed street right-of-way reservations and easements, canals and watercourses, their names, numbers and widths; as well as the owner, existing zoning and present use of all adjoining properties and zoning district boundaries.

vi.

The density or intensity of land use to be allocated to all parts of the site to be developed together, with tabulations by area and percentages thereof. The allocations shall include, but not be limited to:

• Total site area;

• Density (dwelling units per acre) or intensity (units per acre or ratio of gross floor area to total site area);

• Total floor area by floor, existing/proposed, and usage associated;

• Percentage of site covered by building(s);

• Pervious space and landscaped area(s);

• Ground floor coverage of impervious material;

• Irrigation plan;

• Ground elevations;

• Vehicular circulation and parking area(s);

• Location, area and use of all other portions of the site; i.e. setbacks, building height, etc.; and,

• Grading plan.

e.

The location, size and character of any common open space, and the form of organization proposed to own and maintain any common open space.

f.

The proposed location, general use, number of floors, height and the net and gross floor area and setbacks for each building to include outside display areas, and where applicable, the number, size and type of dwellings.

g.

Location, type, material, and size of vehicular entrances to the site.

h.

Location, type, size and height of fencing, walls and screen planting where required under the provisions of Chapter 30.

i.

Required parking, loading spaces and walkways, indicating type of surface, size, angle and width of stalls and aisles, together with a schedule showing the number of parking spaces provided and the number required by the provisions of Division 30-70.

j.

All proposed signs and exterior lighting.

k.

The provisions for the disposition of open space and a landscape and irrigation plan indicating the location, type, size and description of all proposed landscape materials including the limits or extent of tree removal or tree protection pursuant to Division 30-100.

l.

Identification and location of all existing and proposed utilities, including, but not limited to:

i.

Water and sanitary sewer or on-site septic tank;

ii.

Telephone, electric, gas and other utilities;

iii.

Solid waste disposal facilities including containers or other equipment; and,

iv.

Fiberoptic cable.

m.

Provisions for the adequate disposition of natural and stormwater in accordance with the adopted design criteria and standards of the village, indicating the location, size, type and grade of ditches, catch-basins and pipes and connections to the existing drainage system on site system; and Miami-Dade County Environmental Resources Management (DERM) criteria.

n.

Elevation in relation to mean sea level of the proposed lowest floor, including basement to the top of roof and/or parapet of all buildings.

o.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed, if required.

p.

Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria and detailed plan documenting scope of work to ensure compliance with subsection 30-30.2(n), subsection 30-100.6, and the Florida Building Code.

q.

Description of the extent to which any watercourse will be altered or relocated as the result of proposed development.

r.

Survey by a profession surveyor and/or mapper to locate lowest elevation point, and spot elevations.

s.

Certified geotechnical percolation testing to establish water drainage through soil.

t.

Detailed plans documenting the existing stormwater drainage condition of the site, the adjoining properties, and rights-of-way.

u.

A 125 percent of estimated cost performance bond for public right-of-way improvements.

v.

Development, with proper expert testimony and analysis, of a maintenance of traffic (MOT) plan, which plan shall be provided prior to construction, to ensure safe passage of both pedestrian and motorist traffic adjacent to proposed drainage work.

w.

Provisions for the adequate control of dust, erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

x.

Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent, in which case either one foot contours or spot elevations shall be provided where necessary, but not more than 100 feet apart in both directions.

y.

Proposed finished grading by contours supplemented where necessary by spot elevations and in particular at those locations along lot lines.

z.

All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the nearest one-tenth of a foot; and all bearings in degrees, minutes and seconds to the nearest second.

aa.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for building permits are intended to be filed in compliance with subsection 30-30.2(k).

bb.

Any additional data, plans or specifications which the applicant believes is pertinent and will assist in clarifying the application.

cc.

All requested variances that would require approval of the village, and shall be obtained prior to submittal of the site plan application.

dd.

Concurrency compliance facilities and other utilities or services as required under this Code.

(h)

Submission and review procedures.

(1)

An application for a site plan review shall be made to the village prior to an application for a building or development permit and will only be accepted if the application complies with all applicable laws, regulations and Codes.

(2)

Except as may otherwise be required by law or administrative procedure, all required county, regional, state or federal agency approvals shall be obtained within the development approval period provided under subsection 30-30.2(k). In cases where intergovernmental coordination efforts are incomplete, the applicant shall provide evidence of good faith efforts towards resolving intergovernmental coordination issues.

(3)

Upon receipt of a site plan application, the village shall have 15 working days to determine its appropriateness and completeness and accept or reject the application. As soon as practical after the acceptance of the application, the village shall either approve the site plan or refer the application, together with all supporting documentation and staff recommendations to the village council for its review and action.

(i)

Public hearing. The village council shall hold a quasi-judicial public hearing on any site plan requiring same, at which time all interested parties shall be heard. Notice of the public hearing shall issue as provided in section 30-30.11.

(j)

Findings.

(1)

If a public hearing is required, then the granting or granting with conditions, modifications of approval by written resolution shall include findings of fact and conclusion of law related to the specific proposal. The resolution shall set forth with particularity in what respects the plan would or would not be in the public interest including, but not limited to the following:

a.

In what respects the plan is or is not consistent with the comprehensive plan and the purpose and intent of the zoning district in which it is located.

b.

In what respects the plan is or is not in conformance with all applicable regulations of the zoning district in which it is located.

c.

In what respects the plan is or is not in conformance with the village subdivision regulations and all other applicable village requirements including the design and construction of streets, utility facilities and other essential services.

d.

In what respects the plan is or is not consistent with good design standards in respect to all external relationships including but not limited to:

i.

Relationship to adjoining properties.

ii.

Internal circulation, both vehicular and pedestrian.

iii.

Disposition of open space, use of screening, buffering and/or preservation of existing natural features, including trees.

iv.

Building arrangements between buildings in the proposed development and those adjoining the site.

e.

In what respects the plan is or is not in conformance with the village policy in respect to sufficiency of ownership, guarantee for completion of all required improvements and the guarantee for continued maintenance.

f.

Upon the granting of approval, either as submitted or with changes and/or special conditions, the village shall upon application, issue a building permit for a portion, or all of the proposed development after it is found that the application is in compliance with the approved site plan, Florida Building Code, and all other village, county, state and federal requirements.

g.

If it shall appear, at any time, to the village, that the application and accompanying plans and documentation are, in any material respect, false or misleading, or that work is being done upon premises that differ materially from approved plans, the village may revoke the building permit, consistent with the Florida Building Code. Thereupon, it shall be the duty of the person holding the permit to surrender it to the village.

h.

Expiration of site plan development approval. Compliance with subsection 30-30.2(k) is required.

i.

Modifications. Any changes or amendments to an approved site plan shall require a re-submission in accordance with the provisions of this division.

j.

Appeals. Within 30 days of action taken by the village council, the applicant may appeal the decision pursuant to section 30-30.14.

k.

Transferability. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval may be transferred. However, submittal of a new/modified application shall result in the expiration of the old application that had not yet been constructed.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Generally. A variance is a relaxation of the terms of Chapter 30, due to an unnecessary and undue hardship when relaxation of terms is not contrary to the public interest and results from conditions peculiar to the property and not the result of the actions of the applicant that may result from a literal enforcement of Chapter 30.

(b)

Permitted variances. A variance is authorized to be granted by the village council, after quasi-judicial public hearing, only for setback lines; lot width; street frontage; lot depth; lot coverage; landscape or open space requirements; height limitations; yard regulations; fences and wall regulation; signs, parking; flood regulations approved under section 30-100.6, of the code of ordinances, and other matters specifically permitted as variances pursuant to this division. Administrative setback variances shall be permitted pursuant to subsection 30-30.3(d). Cross-reference with the FT&I Zoning District requirements found at Division 30-50.

(c)

Prohibited variances. The village council may not grant a variance to allow a prohibited use, or one that is contrary to the comprehensive plan or this chapter. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district or because of prior variances granted. Similarly, a variance shall not be granted which increases nor has the effect of increasing density or intensity of a use beyond that permitted by the comprehensive plan or Chapter 30.

(d)

Application. The applicant shall submit an application for a variance pursuant to the general procedures outlined in section 30-30.2. A "complete application" shall include the application form, the fee, a current survey, building elevations, a site plan, and a landscape plan, a signature approval card signed by contiguous neighbors (preferred), as well as all supplemental information required by the village and necessary to render determinations related to the variance request. Opinions expressed on signature card are for information purposes only and not determinative of the outcome. New or amended site plans shall not be accepted on a pending application after notification has been issued for the public hearing on the variance.

(e)

Village council action and criteria for approval. After the hearing, the council shall adopt a development order approving, approving with modifications and/or conditions, or denying the variance request.

(1)

Practical difficulty. The application may be considered under the requirements of practical difficulty as set forth herein. Any approval or approval with modifications and/or conditions, of a variance based on practical difficulty shall require a majority vote of the members of the council present at the meeting. In order to authorize any variance application from the requirements of this chapter on the basis of practical difficulty, the council shall balance the rights of property owners in the village as a whole against the need of the individual property owner to deviate from the requirements of this chapter based on an evaluation of the factors below. All of the factors should be considered and given their due weight; however, no single factor is dispositive:

a.

Whether the village has received written support of the specifically identified variance requests from adjoining property owners;

b.

Whether approval of the variance would be compatible with development patterns in the village;

c.

Whether the essential character of the neighborhood would be preserved;

d.

Whether the variance can be approved without causing substantial detriment to adjoining properties;

e.

Whether the variance would do substantial justice to the property owner as well as to other property owners justifying a relaxation of this chapter to provide substantial relief;

f.

Whether the plight of the applicant is due to unique circumstances of the property and/or applicant which would render conformity with the strict requirements of this chapter unnecessarily burdensome; and

g.

Whether the special conditions and circumstances which exist are the result of actions beyond the control of the applicant.

h.

No variance shall be granted without the concurrence of the owner of property contiguous to the property line requiring the variance, unless a hardship exists.

(2)

Conditions and safeguards may be imposed. In granting any variance, the council may prescribe appropriate modifications and/or conditions, including a variance approval expiration date or expiration event, to mitigate the proposed variance and to ensure safeguards in conformity with the Comprehensive Plan and this Code or any other duly enacted ordinance. Upon the expiration of any variance approval pursuant to an expiration date or expiration event prescribed by the council the property shall be required to conform to the requirements of this chapter in existence at the time of the variance expiration. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code and shall nullify the variance.

(3)

Time limit shall be imposed. The council shall prescribe a reasonable time limit within which the action for which the variance is required shall begin, and such time shall not exceed 365 days from the date of the development order, after which a new variance application must be made unless an application for development permit has been filed.

(f)

Resolution. Action by the village council upon the variance shall be announced by the mayor immediately following the vote determining the action and shall be embodied in a written resolution. The resolution shall be recorded in the public records of Miami-Dade County.

(g)

Effect and limitation of variance. A resolution granting a variance shall be deemed applicable to the development for which it is granted and not to the individual applicant, provided that no resolution granting a variance shall be deemed valid with respect to any use of the premises other than the use specified in the application for a variance development approval.

(Ord. No. 09-28, § 1, 12-7-2009; Ord. No. 2019-13, § 1, 6-17-2019; Ord. No. 2019-16, § 1, 7-1-2019)

(a)

Application. Application for an amendment to the text of this chapter or to the official zoning map shall follow the general procedures of section 30-30.2, except that the village or its representatives shall not be required to submit an application. The application shall be approved by the adoption of an ordinance reflecting the map or code change and comply with F.S. § 166.041. The application shall contain at least the following information:

(1)

A statement identifying the text or map area proposed to be amended.

(2)

An explanation of the text of the amendment desired.

(3)

An explanation of the need and justification for the proposed change.

(4)

For an amendment to the official zoning map, the application shall also include the following information:

a.

A legal description and a description by street address of the property whose zoning designation is proposed to be changed.

b.

Current and proposed comprehensive plan land use map designation for the subject property.

c.

The existing and proposed zoning designation for the subject property.

d.

The existing and proposed use of the subject property, if applicable.

(b)

Process and criteria for review. All proposed amendments, regardless of the source, shall be evaluated by the department of planning and zoning, the local planning agency and the village council. In evaluating proposed amendments, the village council shall consider the following criteria:

(1)

Whether the proposal is consistent with the comprehensive plan, including the adopted infrastructure minimum levels of service standards and the village's concurrency management program.

(2)

Whether the proposal is in conformance with all applicable requirements of Chapter 30.

(3)

Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations, and whether the changes support or work against the proposed change in land use policy.

(4)

Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved, the impact on adjacent or neighboring properties, consistency with existing development, as well as compatibility with existing and proposed land uses.

(5)

Whether, and the extent to which, the proposal would result in demands on transportation systems, public facilities and services; would exceed the capacity of the facilities and services, existing or programmed, including: transportation, water and wastewater services, solid waste disposal, drainage, recreation, education, emergency services, and similar necessary facilities and services.

(6)

Whether, and to the extent to which, the proposal would result in adverse impacts on the natural environment, including consideration of wetland protection, preservation of groundwater aquifer, wildlife habitats, and vegetative communities.

(7)

Whether, and the extent to which, the proposal would adversely affect the property values in the affected area, or adversely affect the general welfare.

(8)

Whether the proposal would result in an orderly and compatible land use pattern. Any positive and negative effects on land use pattern shall be identified.

(9)

Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and intent of Chapter 30.

(10)

Other matters which the local planning agency or the village council in its legislative discretion may deem appropriate.

(c)

Final action by the village council. The applicant shall be advised of the time and place of the village council meeting. The notice and hearings on the proposed amendment shall be provided pursuant to this chapter, F.S. ch. 163 and F.S. § 166.041. After the necessary public hearing(s), the village council shall take action to deny, approve the application, or approve it with modifications or conditions. If denied, the applicant may re-submit the application as provided for under section 30-30.2.

(d)

Official zoning map. Each amendment to zoning district boundaries or other zoning requirement as portrayed on the official zoning map shall be entered promptly on the official zoning map after the amendment has been approved by the village council. The village shall be responsible for assuring that the physical updating and amendment of the official zoning district map is carried out in a timely manner.

(e)

Zoning in progress, hold on permits or certificate of uses. When an amendment to Chapter 30 or a rezoning of a parcel of land has been approved on first reading by the village council, no development application pending before the village with respect to the area or text which is the subject of the proposed amendment shall be approved unless the development application would be in conformity with both the existing legislation and the proposed legislation for a period of six months from the date of the approval on first reading by the village council. This period may be extended one time for an additional three months by resolution of the village council.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Application. An application for an amendment to the text of the comprehensive plan or to the future land use map of the plan shall follow the general procedures of subsection 30-30.2(a)—(f), except that the village or its representatives shall not be required to submit an application. An amendment to the comprehensive plan shall be by ordinance and comply with the requirements of F.S. § 166.041.

(1)

The application shall contain at least the following information:

a.

A statement identifying the section proposed to be amended.

b.

An explanation of the text of the amendment desired.

c.

An explanation of the need and justification for the proposed change, including the data and analysis that supports the amendment.

d.

An explanation of the how the proposed amendment meets the requirements of F.S. § 163.3161, et seq., "The Local Government Comprehensive Planning and Land Development Regulation Act."

(2)

For an amendment to the future land use map, the application shall also include the following information:

a.

A legal description and a description by street address of the property whose land use designation is proposed to be changed.

b.

Current and proposed future land use map designation for the subject property.

c.

The existing and proposed zoning designation for the subject property.

d.

The existing and proposed use of the subject property, if applicable.

(b)

Process and criteria for review. All proposed amendments, regardless of the source, shall be evaluated by the department of planning and zoning, the local planning agency and the village council. If the amendment is proposed by the village, the village shall prepare the necessary information for the amendment to be reviewed pursuant to the requirements of F.S. § 163.3161. In evaluating proposed amendments, the village council shall consider the following criteria:

(1)

Whether the proposal is internally consistent with the comprehensive plan, including the adopted infrastructure minimum levels of service standards and the concurrency management program.

(2)

Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing comprehensive plan, and whether the changes support or work against the proposed amendment.

(3)

Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved, the impact on adjacent or neighboring properties, consistency with existing development, as well as compatibility with existing and proposed neighboring property land use.

(4)

Whether, and the extent to which, the proposal would adversely affect the property values in the affected area, or adversely affect the general welfare.

(5)

Whether the proposal would result in an orderly and compatible land use pattern. Any positive and negative effects on such pattern shall be identified.

(6)

Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of the comprehensive plan.

(7)

Whether the proposed amendment meets the requirements of F.S. § 163.3161, entitled "The Local Government Comprehensive Planning and Land Development Regulation Act."

(8)

Other matters which the local planning agency or the village council, in its legislative discretion, may deem appropriate.

(c)

Final action by the village council. The applicant shall be advised of the time and place of the village council meetings. The notice and hearings on the proposed amendment shall comply with the requirements of this chapter, F.S. ch. 163 and § 166.041. After the necessary public hearing(s), the village council shall take action to deny or approve the application, or approve it with modifications or conditions for purposes of transmittal to the Florida Department of Community Affairs (DCA) pursuant to F.S. § 163.3161.

(1)

If denied, the applicant may resubmit the application as provided under section 30-30.2.

(2)

If approved for purposes of transmittal, the village shall thereafter provide the necessary administrative support for the department of community affair's review process required under F.S. § 163.3161 et seq., the village council shall have the legislative discretion to adopt, adopt with conditions, or not adopt the amendment once the state review process has been completed.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

An application for quasi-judicial public hearing may be filed to amend or delete, in whole or in part, that portion of a resolution which accepts or requires a restrictive covenant by condition or otherwise, hereinafter the covenant proviso. An application to amend or delete a covenant proviso may seek effectively the same relief that could have been sought by modification or release of the restrictive covenant. Notice shall be provided pursuant to section 30-30.11. Original jurisdiction over applications under this section shall be with the village council.

(b)

No application under this section shall be filed and accepted unless (1) the applicant states under oath that the applicant has complied with all known requirements which would have pertained to the modification or release of the covenant had that covenant been recorded pursuant to the covenant proviso of the resolution; whether an extension of time is required, and basis for such extension of time to comply with the covenant or restriction. The rational for any extension request has to be based upon good cause and not due to unreasonable intent to circumvent the regulations. Financial hardship may be a factor, provided, evidence is provided of due diligence to obtain/maintain all necessary financing. The applicant shall identify specifically whether the covenant or restriction is moot, obsolete or due to material changed circumstances, beyond the control of the applicant, the conditions of the site and adjoining area have been substantially modified by at least 25 percent, thus requiring elimination of the covenant provision and/or restriction.

(c)

In considering an application pursuant to this section, the village council shall consider the following in determining whether to approve the application to modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof, where it is demonstrated by the following that the condition, restrictive covenant or part thereof either is satisfied or is moot:

(1)

The extent to which the village, the applicant and the applicant's predecessor(s) in title are responsible for the failure of the covenant to be timely recorded (if applicable), including whether the failure to record the covenant is a result of clerical or other error;

(2)

Whether there was an intent to deceive or mislead the village in connection with the prior resolution containing the covenant proviso; and

(3)

Any detriment which the granting of the application may cause to the village, or the public, including the area affected. The consideration of detriment shall include, but not be limited to (a) whether granting relief will impair the village's ability to obtain compliance with the covenant proviso by the applicant or other property owners to the extent that the covenant proviso may remain in effect after a revision; and (b) whether the applicant will proffer a new, recordable covenant addressing the concerns that were to have been addressed by the prior covenant.

(d)

An appeal shall be as provided under section 30-30.14.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

The village manager in conjunction with the village's planning and zoning director may file a request with the village council for a "zoning in progress resolution." The request shall be made in writing and shall be accompanied by a village staff report summarizing the need for revising these regulations and the area or areas within the village that will be affected. The report shall contain a determination concluding the need for a resolution of the village council declaring "zoning in progress" and for the adoption of a formal moratorium. The village council may consider a "zoning in progress resolution" on its own initiative.

(b)

Village council zoning in progress resolution review and decision.

(1)

The village council shall review the zoning in progress resolution at the next available regularly scheduled meeting following the submittal of the zoning in progress request.

(2)

The village council shall make preliminary findings and accordingly approve or deny the proposed zoning in progress resolution.

(3)

Should the village council determine that a moratorium pending the preparation of a detailed and comprehensive analysis of the area in question is reasonably necessary or desirable, it shall approve the zoning in progress resolution; and order a fixed time, not to exceed 90 calendar days, within which village staff shall report to the village council with its report, a proposed ordinance amending these regulations, and recommendations relating to a potential moratorium.

(4)

The zoning in progress resolution shall be for a period not to exceed the first regularly scheduled village council meeting after 120 calendar days, unless an extension not exceeding 60 days is ordered pursuant to subsection (6) below.

(5)

The village council on its own motion or otherwise may extend any zoning in progress resolution for a longer period of time if reasonably necessary and the public interest requires.

(6)

Should village staff be unable to report back to the village council within the time prescribed by its order, upon timely request by village staff and after public hearing on the need, the village council may extend the time limitation one time for a period not to exceed 60 days.

(7)

Upon adoption of the zoning in progress resolution, the village clerk shall publish the adopted resolution in a newspaper of general circulation published in the village, or Miami-Dade County, Florida within ten days following the date of adoption.

(c)

Effect of zoning in progress resolution.

(1)

During the period of time that the village is considering a moratorium ordinance, no permit(s) or development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the moratorium, text amendment, or zoning district change be finally enacted by the village council.

(2)

The period of time of the moratorium on permits shall begin on the earlier of:

(A)

Village council adoption of zoning in progress resolution; or

(B)

Notice has been given as required by law of the initial public hearing before the village council on the amendment to these regulations.

(d)

Village staff review, report and recommendation.

(1)

In the event the village council determines a moratorium is necessary to give village staff sufficient time to complete planning studies or other analysis prior to instituting an amendment to the regulations the village council, as part of the zoning in progress resolution, shall direct village staff to prepare a moratorium ordinance.

(2)

Within the time fixed by the village council, village staff shall report to the village council with its ordinance, amending these regulations and recommendations regarding the moratorium and its scope.

(3)

Village staff shall provide a detailed report indicating the necessity for zoning changes; provide a recommendation as to whether the proposed moratorium ordinance should be approved, approved with conditions or denied; schedule the moratorium ordinance for hearing before the village council, and provide notice of the hearing, as provided under subsection 30-30.11(o).

(e)

Village council review and recommendation.

(1)

Upon receipt of the report and recommendation of the village staff, the village council shall review the report, recommendations, and draft ordinance at two public hearing.

(2)

The village council shall read the moratorium ordinance by title, in full, on the first public hearing following receipt of the village staff's recommendation.

(3)

The village council shall hold a second public hearing and following the hearing adopt or deny the proposed moratorium ordinance.

(4)

The village council may, upon request by the village staff, amend the scope and timing of the moratorium, as needed.

(5)

The village shall consider such amendments to these regulations as are appropriate in accordance with the provisions of section 30-30.7 (section relating to rezoning).

(f)

Waivers. If the village council has provided for waivers in the ordinance adopting a moratorium, the building official, in consultation with the planning and zoning director and village manager may grant a waiver of the moratorium where the applicant can show the following: That the proposed development complies with the existing land development regulations; and that the proposed development satisfies the objective of the village council in ordering a moratorium. For example, if the village council is considering increasing the minimum setback in a residential zoning district by two feet, and the applicant demonstrates that it complies with the proposed modification of the setback, the planning and zoning director may grant a waiver of the moratorium. The waiver will not hinder the intent of the village council in its proposed amendment to these regulations.

(g)

Exemptions. Notwithstanding the adoption of a moratorium ordinance, the building official may authorize the issuance of building permits for nondeleterious items including, but not limited to: fences, repairs and similar matters, where he determines that such permit(s) will not affect the outcome of the planning study; provided, however, that with regard to any particular moratorium, the village council may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsibility for acting upon requests for exemptions in the planning and zoning director, with the input of the village manager and building official.

(h)

Conditional uses, variances, change in land use, change of zoning or tentative plats during moratorium. During the existence of any moratorium, of applications for conditional uses, variances, changes in land use, changes of zoning, development orders or tentative plats within the affected area shall be acted upon by the village council, except as provided in subsections 30-30.010(f) and (g), or unless otherwise specifically provided by the village council by ordinance with regard to a specific moratorium.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Generally. All zoning hearing applications shall be filed and accepted for filing by the village on the first and third Wednesday of each month, unless such date is a legal holiday. An administrative adjustment may be filed at any time. When an application for development approval is subject to a public hearing, the village shall ensure that the necessary public hearing is scheduled for the decision-making body reviewing the application and that proper notice of the public hearing is provided, as set forth herein. No action shall be taken by the village council on applications for development approval that is subject to the public hearing requirement, until a public hearing has been held upon notice of the time, place, and purpose of such hearing. The cost of the notice shall be borne by the applicant. All notices for public hearings shall include the following information:

(1)

Identify the applicant.

(2)

Indicate the date, time, and place of the public hearing.

(3)

Describe the property involved by street address or by legal description, and area of the subject property. A map may be substituted for the legal description or as required by state law.

(4)

Describe the nature, scope and purpose of the proposal being noticed.

(5)

Identify the village department(s) where the public may inspect the application, staff report and related materials during normal business hours.

(6)

Include a statement that affected parties may appear at the public hearing, be heard and submit evidence with respect to the application.

(7)

Include other information as may be required by law.

(b)

Mailed notice.

(1)

When the provisions of this division require that mailed notice be provided, the applicant shall be responsible for acquiring and providing the list of all property owners within the required radius from the subject property that are to be notified (including the subject property).

(2)

The applicant shall be responsible for mailing the notice at no cost to the village.

(3)

Notice shall be deemed mailed by its deposit in the United States mail and a certified/return notice mailed by the applicant to the village clerk shall be required.

(4)

The applicant shall provide an affidavit to the village stating the date notices were mailed.

(5)

Notice by mailing is a courtesy only and no action taken by the village shall be voided by the failure of any individual property owner to receive such notice. However, failure of the applicant to mail the written notice shall render voidable any hearing held on the application.

(6)

The property owners required to be provided notice by this section shall be determined from a certified copy of the most recent county tax roll.

(7)

Distances for purposes of mailed notice requirements shall be measured from the perimeter of the property subject to development approval, except that where the owner of the subject property owns contiguous property, the distance shall be measured from the perimeter of the boundary of the contiguous property.

(8)

Mailed notice shall be mailed at least 30 calendar days prior to a public hearing.

(9)

If, after the initial notice is mailed, the application is changed in a manner such that additional land area is encompassed within the application, then the notice mailing requirements of this subsection shall be repeated by the applicant, for the revised application, at the applicant's expense.

(c)

The following notice information must be provided by the applicant:

(1)

Two copies of a list, with the names and addresses of all property owners of land located within the required radius from the exterior boundary of the subject property. If the subject property constitutes only a portion of a contiguous ownership parcel, the exterior boundary from which the required radius is to be projected will be the exterior boundary of the entire contiguous ownership parcel. Labels can be no older than six months by the time the public hearing is heard.

(2)

Two copies of a list with the legal description of land owned by each property owner (lot number, block number and subdivision).

(3)

Two copies of a map of the subject area showing the required radius with the subject property highlighted.

(4)

Original certified letter plus one copy stating that the ownership list and map is a complete and accurate representation of the real estate property and property owners within the required radius from the subject property and that all persons listed were mailed proper notice, and identify the date of mailing. This letter must be dated and give the address of the subject property and its legal description, subdivision and plat book number and page. Also state the source for this information. (If prepared by a professional data research company, the preceding information should automatically be included. If prepared by the applicant, this letter must be signed by the applicant and notarized). The village maintains, in the application package for public hearings, a list of names and telephone numbers of local companies which the village believes are capable of producing the required mailing labels and accompanying maps, legal descriptions and certified letter for this application requirement.

(5)

Nine copies of the site plan for the public hearing zoning item to be heard.

(6)

Six CD ROMs/DVDs containing a copy of all the images scanned on to the CD of the entire application, mailing radius labels, affidavit of compliance, maps, site plants, etc., as required under this Code.

(d)

Staff recommendations. Applications requiring public hearing shall be promptly transmitted to the village council together with a written recommendation of the planning and zoning director and appropriate staff persons and professionals. All recommendations shall state all facts relevant to the application, including an accurate depiction of know living, working, traffic and transportation conditions in the vicinity of the property that is the subject of the application, and also a description of all projected effects of the proposed zoning action on those conditions. Before reaching a conclusion, each recommendation shall list all known factors both in favor or and against each application. All such recommendations shall be signed and considered final no earlier than 20 days prior to the public hearing to give the public an opportunity to provide information to the staff prior to the recommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the departments evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons.

(e)

Published notice. When the provisions of this Land Development Code require that notice be published, the applicant shall be responsible for the cost of preparing the content of the notice and for the cost of publishing the notice in the non-legal section of the local newspaper of general circulation that has been selected by the village.

(1)

This notice shall be published at least 30 days prior to the required public hearing, and no earlier than 45 days prior to the required public hearing, except where provided otherwise in this division. The notice shall contain the date, time, and place of the hearing, the property's location and street address (if available), legal description, nature of the applications, including all specific variances and other requests. The notice shall additionally state and make clear that any interested person is entitled to discuss the application with the village staff processing and reviewing the application to the same extent as the applicant, and that the application may change, be modified, during the hearing process.

(2)

A second, layman's notice may, at the discretion of the village be published in a newspaper of general circulation no earlier than ten days prior to the hearing and no later than one day prior to the hearing. The layman's notice shall contain the same information as the full legal notice, except that the property's legal description may be omitted and the nature of the application and requests contained therein may be summarized in a more concise, abbreviated fashion. The layman's notice may be published in a section or supplement of the newspaper distributed only in the locality whether the property subject to the application lies.

(f)

Website notice. The applicant is to provide the village clerk with a CD ROM containing a copy of all the images scanned onto the CD of the entire application, mailing radius, labels, affidavit of compliance, maps, site plans, etc. as provided under this code. The village clerk shall use the information from the CD ROM and place the notice on the website at the same time as the advertising. The attachments shall be placed on the village's official website in a downloadable format accessible to the general public at least three days prior to the public hearing. The clerk shall not be required to post non-ADA materials on the website until the village shall require all new applications to be ADA compliant.

(g)

Posted notice. When the provisions of this Land Development Code require that notice be posted on the property subject to the application, the village shall be responsible for posting the property, and shall:

(1)

Place the signs on the property that is the subject of the application for at least 20 days prior to the public hearing, and not more than 30 days prior to the public hearing.

(2)

Place the signs along each street that is adjacent to or runs through the subject property at intervals of not more than 200 feet in a manner that makes them clearly visible to adjacent residents and passers-by.

(3)

Place the signs no more than 25 feet from the street so that the lettering is visible from the street. Where the land does not have frontage on a street, signs shall be erected on the nearest street, with an attached notation indicating generally the direction and distance to the property subject to the application.

(h)

Affidavit of notice; re-noticing. An affidavit and photographic evidence shall be provided by the applicant before the public hearing demonstrating that the applicant has complied with the applicable notice requirements set forth in this division. Failure to comply with the applicable notice requirements shall result in the postponement and re-noticing of the public hearing. All costs of re-noticing a public hearing shall be borne by the party failing to comply with the applicable notice requirements.

(i)

Comprehensive plan. Notice for public hearings on applications for amendments to the comprehensive development plan shall be noticed as follows:

(1)

Text or map amendments initiated by the village shall be noticed by publication in accordance with the provisions of F.S. § 163.3184. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(2)

Text or map amendments initiated by a property owner or governmental agency other than the village shall be noticed by publication in accordance with the provisions of F.S. § 163.3184, and by posting of the property subject to the application. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(j)

Land Development Code, Chapter 30. Notice for public hearings on applications for amendments to Chapter 30 and the official zoning district map shall be noticed as follows:

(1)

Text or map amendments initiated by the village shall be noticed by publication in accordance with the provisions of F.S. § 166.041. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(2)

Text or map amendments initiated by a property owner or governmental agency other than the village shall be noticed by publication in accordance with the provisions of F.S. § 166.041, and by posting of the property subject to the application. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(k)

Other development. Public hearings on applications for development permit approvals other than rezoning, including, but not limited to variances, conditional uses, site plans for conditional uses, elimination or modification of restrictive covenants, and plats shall be noticed as follows:

(1)

Posting of the property subject to the application.

(2)

Mailed notice to the neighboring property owners of record based upon the following radii:

i.

If the subject property is less than or equal to one acre, then 500 foot notice is required.

ii.

If the subject property is greater than one acre and less than five acres, then 1,500-foot notice is required.

iii.

If the subject property is greater than or equal to five acres, then 2,500-foot notice is required.

(3)

Courtesy publication in the non-legal section of the local newspaper of general circulation that has been selected by the village.

(l)

Notice of administrative determination under 30-30.3(c).

(1)

Posting of the property subject to the application in accordance with the provision of this code, and the chart found at subsection (o). Mailed notice shall issue within five days of the administrative decision to the neighboring property owners of record based upon the following radii:

i.

If the subject property is less than or equal to one acre, then 500-foot notice is required.

ii.

If the subject property is greater than one acre and less than five acres, then 1,500-foot notice is required.

iii.

If the subject property is greater than one acre or equal to five acres, then 2,500-foot notice is required.

The property shall also be posted and advertised in accordance with the provisions of 30-30.11(o).

(2)

Appeals of administrative action. An applicant seeking an appeal of the action provided for under 30-30.3(c), shall be responsible for notice of the appeal by mailed notice to the neighboring property owners of record based upon the following radii:

i.

If the subject property is less than or equal to one acre, then 500-foot notice is required.

ii.

If the subject property is greater than one acre and less than five acres, then 1,500-foot notice is required.

iii.

If the subject property is greater than or equal to five acres, then 2,500-foot notice is required

The property shall also be posted and advertised in accordance with the provisions of 30-30.11(o).

(m)

Applicant bears burden of cost. All costs of publication, mailing and posting shall be borne by the applicant. Applicant shall also bear the cost of providing the village clerk with a CD ROM containing a copy of all the images scanned on to the CD of the entire application, mailing radius labels, affidavit of compliance, maps, site plans, etc., as provided under section 30-30.9. The notice radii provided herein shall be complied with, regardless of the village's municipal district boundary line.

(n)

Provisions of Florida Statutes. Where provisions of the Florida Statutes conflict with provisions of Chapter 30, the Florida Statutes shall prevail.

(o)

Table of notice requirements with citation to authority.

NOTICE REQUIREMENTS

(p)

Notice and appeals. If the notices provided under section 30-30.9, are made and published, and the affidavits of compliance are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal from a resolution of an administrative or quasi-judicial hearing, as provided in the Florida Rules of Appellate Procedures.

(Ord. No. 09-28, § 1, 12-7-2009; Ord. No. 2012-07, § 1, 4-2-2012; Ord. No. 2020-01, § 1, 1-6-2020)

(a)

No document prepared or relied upon by an expert shall be admitted into evidence at a public hearing unless such document shall have been filed with the director of planning and zoning at least 15 days prior to the public hearing. No expert opinion testimony shall be admitted into evidence at a public hearing unless a written summary of the testimony setting out the substance and basis of such testimony shall have been filed with the director at least 15 days prior to the public hearing. The village shall provide written notice of any retained experts a minimum of ten days prior to the public hearing and provide all the information required below, at subsection (b).

(b)

Based upon the foregoing, the village requests all interested groups, of which it is aware, (applicant, those opposing a zoning hearing application and those supporting a zoning hearing application) to comply with this disclosure requirement. The opinion disclosures should be specific as to the facts and positions to be taken by the expert. Each expert is to provide curriculum vitae as to their expertise in the field identify. The expert witness statement shall not be a general statement. It shall specifically identify the person's areas of expertise, criteria used, and basis for the profession opinion being made. Failure to comply with this requirement shall result in the testimony not being admitted into evidence.

(c)

Additionally, each party filing any expert testimony shall provide the following additional information 15 days prior to the public hearing:

1.

Identify, number and provide a copy of all proposed exhibits.

2.

Identify the list of witnesses - the team for each group presenting, including expert witnesses.

3.

Identify the list of instructions requested by the party for the council and public hearing process (if any).

4.

Approximate amount of time needed for presentation, including presentation of position and rebuttal time for the applicant.

5.

Identify any physical resources requested from staff for the hearing, for example: electrical wiring, power source, speakers, computer/PowerPoint, screen, projector, and easels.

6.

Identify the name and address of the court reporter, if any, to be used during the zoning hearing.

7.

Identify any and all demonstrative aids and provide a copy to the village within the time requirements contained herein.

(d)

Furthermore, the applicant is to comply with the village's ethics code, specifically, Section .17A, which states in relevant part:

.17A. Supplemental public hearing disclosure requirements. The following supplemental provisions related to disclosures shall be made by principals at public hearings:

(a) All persons or entities seeking any approval, contract, concession, license or any other relief that requires a public hearing before the village council are required to comply with the instant disclosure requirements. Provided however, that in cases in which the relief sought is related to a land use application, disclosure shall be required only by the applicant for such relief. Except to the extent such disclosure is prohibited by a confidentiality order from a court of competent jurisdiction, such persons or entities shall:

(1) In all items requiring a public hearing, including land use matters, disclose in writing to the village clerk or verbally on the record at such public hearing, all compensation paid or offered to a person(s) or entity to support or not object to a matter which is set for a public hearing. Disclosure shall be required whether compensation was paid or offered to the person or entity or to a third party. Compensation includes money, property, services or any other commodity having any economic value or any promise or agreement to provide the same in the future. The disclosure shall include the name of the person or entity offered the compensation, the specific compensation offered, what the person was requested to do or refrain from doing in exchange for said compensation, and whether and to whom the compensation was paid; and,

(2) In all items requiring a public hearing, including quasi-judicial proceeding (land use matters), disclose in writing to the village clerk or verbally on the record at such public hearing, all compensation as defined above, sought or requested by a person(s) or entity to support or not object to a matter which is set for a public hearing. Disclosure shall be required whether compensation was requested for or paid to the requester or a third party. The disclosure shall include the name of the person or entity seeking the compensation, the specific compensation sought, what the person offered to do or refrain from doing in exchange for said compensation, and whether the compensation was actually paid and to whom.

(Ord. No. 09-28, § 1, 12-7-2009)

A temporary conditional permit or certificate may be issued prior to the final decision if the building department should first determine that the withholding of same would cause imminent peril to life or property and then only upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper by the village.

(Ord. No. 09-28, § 1, 12-7-2009)

(a)

Stay pending appeal.

(1)

Rezoning actions. In the event an application is made for a change of zoning on property which possesses any variance, conditional use, site plan review, or administrative determination as provided by Division 30-20, no permits or certificates shall be issued for such variance, use, special permit, or administrative determination as provided by Division 30-20, until the order on the application becomes final and any appeal proceeding is concluded. If the application for change of zoning is approved, the variance, conditional use, special permit or plan review shall terminate, unless continued by the rezoning resolution; otherwise such prior approval shall terminate with the approval of the rezoning application. No plans may be submitted to the building department until the application for zoning hearing has been approved, or approved with modifications, and has not been appealed.

(2)

During an appeal of a development order approved by the village council pursuant to authority provided herein at Division 30-30, zoning approvals relating to that development order being appealed shall be issued upon the request of the applying property owner, on condition that:

a.

The applying property owner submits an affidavit that he/she will conform as necessary to any subsequent changes mandated as a result of the appellate process by the court or by the village council; and

b.

Other applicable requirements of law are met.

(3)

A variance, conditional use, new use, special permit, or unusual use shall be deemed to have been utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, and the development to which such variance, conditional use, or special permit is an integral part is progressively and continuously carried to conclusion.

(b)

Exhaustion of remedies required; rendition of development orders. No person aggrieved by any resolution/ordinance relating to rezoning, order or determination of the village or the village council pursuant to Chapter 30 may apply to the court for relief unless that person has first exhausted the remedies provided for herein. It is the intention of the village council that no application shall be made to the court for relief except from resolution or ordinance on rezoning adopted by the village council. Development orders of the village council shall be reviewed by the filing an appeal as provided for under the Florida Rules of Appellate Procedure in the appropriate court. A development order is final for purposes of filing an appeal or writ of certiorari to the appropriate court only upon the order's execution by the village clerk.

(c)

Appeals from actions, decisions or determinations of the village administration. Any person regulated by this division who is aggrieved by any action, decision or determination of the village administration due to an administrative review, as provided in this division, may request a quasi-judicial public hearing before the village council to appeal the action, decision or determination of the village review which resulted in the grievance. Appeal by quasi-judicial hearing of the final administrative action, decision or determination complained of shall be accompanied by filing a written request with the village within 15 calendar days of the date of the action, decision or determination complained of. The written notice of appeal shall set forth the nature of the action, decision or determination to be reviewed and the basis for the quasi-judicial hearing. Customers or the business or use regulated shall not be deemed to be persons regulated by this division for the purposes of this section. The appeal shall clearly state that the denial of the application constitutes an error by the village in its interpretation or implementation of any portion of the regulations or criteria set forth that are applicable to the application. The request for appeal shall be set for hearing on the earliest practicable regularly scheduled hearing date. An appeal of the final administrative action, decision or determination shall be a de novo, quasi-judicial public hearing and final determination by the village council shall be by written determination approving, approving with conditions, or denying the request related to the administrative action, decision or determination. The decision of the village council shall be final and no rehearing shall be permitted. Nothing herein shall be construed to prevent or prohibit the village from instituting any civil or criminal action or proceeding authorized by this division at any time. No administrative development orders shall be issued to a property subject to the appeal of an administrative action, decision, or determination.

(d)

Judicial review. The village, the village council, or any person regulated by this division who is aggrieved by any decision of the village council may appeal a final order by filing a notice of appeal in the Circuit Court in and for Miami-Dade County, Florida, in accordance with procedures and within the time provided by the Florida Rules of Appellate Procedure for review of administrative action. The review shall not be a de novo review, but shall be a review based upon the established record. The words "action," "decision" and "determination" as used herein shall not include the filing or institution of any action, conference or proceeding by the village in any court or otherwise. Customers shall not be deemed to be persons regulated by this division for the purposes of this section.

(e)

Copy of the record. For the purposes of review by the court, the village shall make available for public inspection and copying the record upon which each final decision of the village council is based. Prior to certifying a copy of any record or portion thereof, the village shall make all necessary corrections in order that the copy is a true and correct copy of the record. The village may make a reasonable charge commensurate with the cost of furnishing the record or any portion thereof.

(f)

Decision of the village council. It is the intent of the village council that no decision under this division shall constitute a temporary or permanent regulatory taking of private property ("taking") or an abrogation of vested rights ("vested rights abrogation").

(1)

In the event that any court shall determine that a decision of the village council under this division constitutes a taking or vested rights abrogation, such decision of the village council is declared to be nonfinal and the court is hereby requested to remand the matter to the village council, which shall reconsider the matter in a properly noticed public hearing.

(2)

In the event that a court fails to remand a matter to the village council after finding that a taking or vested rights abrogation has occurred, the village is instructed to forthwith file an application to remedy such taking or vested rights abrogation, which application shall be heard directly by the village council in a properly noticed public hearing.

(3)

The village council may elect to request that any remand or review of a development application be deferred until a later point in the litigation, including the completion of any judicial appeals.

(Ord. No. 09-28, § 1, 12-7-2009; Ord. No. 2012-06, § 1, 3-12-2012; Ord. No. 2016-01, § 2, 1-4-2016)

(a)

Intent and purpose. The intent of this section is to permit and regulate the transfer of development rights (TDR) within the village in a manner that is consistent with and complimentary to the goals, objectives and policies of the village's Comprehensive Plan. Transfer of development rights may be used to preserve environmentally sensitive lands, to increase available park land, to achieve a stated goal, objective or policy of the village's Comprehensive Plan, to facilitate appropriate redevelopment and revitalization, to facilitate economic development, or to provide for affordable housing.

(b)

General. Except as provided below in section 30-30.15(c), the provisions provided within section 30-30.15 do not replace and shall not be applied in lieu of the transfer of development rights program that is exclusive to the Downtown Urban Village zoning district as provided within section 30-50.23. Approval of a transfer a development right pursuant to section 30-30.15 shall permit the transferal of residential units and/or commercial floor area not to exceed 25 percent of the maximum permitted on the receiving property. Any property owner(s) seeking to apply for a transfer of development right must first submit a written request to the village for a "determination of development right" verifying maximum residential units and/or commercial floor area development potential of the sender site and the receiver site.

(c)

Eligibility. All lands within the village are eligible to be a sender site. Receiver sites shall be limited to those lands zoned VMU, DUV, B-1, and B-2. With respect to any TDR from a Downtown Urban Village (DUV) sender site, the receiver site must also be within the DUV.

(d)

Specific definitions. For the purpose of section 30-30.15, the following words and phrases shall have the meanings as defined below:

Determination of development right means an official zoning letter issued by the village which verifies the maximum residential and/or commercial development potential of a particular property. The letter does not guarantee such potential development right can be fully achieved on any given property.

Receiver site means the designated lot which receives residential units and/or commercial floor area that is transferred from a lot designated as a sender site.

Sender site means the designated lot that transfers residential units and/or commercial floor area to a lot designated as a receiver site.

Transfer of development rights means the process by which development rights may be transferred from one lot within the village to another lot within the village.

(e)

Transfer process.

(1)

Public hearing required. All requests for transfer of development rights shall require a public hearing. Those requests which involve the transfer of development rights from one property to another shall require a quasi-judicial public hearing and be reviewed in conjunction with a site plan application request pursuant to section 30-30.5.

(2)

The owner(s) of the sender and receiver sites are encouraged to meet with village staff prior to submission of an application for transfer. The purpose of the meeting is to discuss the development and/or redevelopment of the sender and receiver sites and to understand any limitations that may be imposed upon the sender and receiver sites.

(3)

The owner(s) of the sender and receiver sites shall submit an application for the request of the transfer of the development right(s) on a form provided by the village, and provide such information requested by the village to approve the transfer. At a minimum, the information shall include the following:

a.

A survey of the sender and receiver sites;

b.

Proof of ownership of the receiver site and the sender site;

c.

A "determination of development right" letter issued by the village for both the sender site and the receiver site;

d.

For a request which transfers development rights from one property to another, a complete site plan application of the receiver site must be submitted and reviewed pursuant to section 30-30.5.

(4)

Deed of transfer: Upon approval by the council, the sender site and the receiver site shall record within 30 days a copy of the approving resolution in the chain of title in the public record of Miami-Dade County, and provide a copy thereof to the village.

(f)

Review criteria. In order to authorize any transfer of development rights as provided in section 30-30.15, the village council must determine whether the following criteria have been met:

1.

That the property(s) subject to the transfer of development right is eligible pursuant to section 30-30.15(c).

2.

That the transfer of development right is consistent with the goals, objectives and policies of the village's Comprehensive Plan.

3.

That the transfer of development rights preserves environmentally sensitive lands, increases available park land, facilitates appropriate redevelopment and revitalization, facilitates economic development, or results in providing for affordable housing.

4.

That for transfers of development rights from one property to another property, the request is incorporated into and accompanied by an approved site plan pursuant to section 30-30.5 or as otherwise approved by the village council.

5.

That for transfers of development rights from one property to another property, the number of residential units, commercial lot coverage and/or commercial floor area does not exceed 25 percent of the maximum permitted at the receiving site.

6.

That there are no active code violations on the sender or receiver site.

(g)

All bonds, assessments, back village taxes, fees and liens (other than mortgages) affecting the parcels shall be paid in full prior to consideration by the council.

(h)

For TDR's that grant an increase of less than ten percent, no additional floor shall be granted. For TDR's that grant an increase over ten percent, only one additional floor shall be permitted. For TDR's that grant an increase over 20 percent, only two additional floors shall be permitted.

(i)

Public notice. Public notice in the form of mailers and posting shall be provided 14 days in advance of a hearing that considers a receiving property's request for a TDR. Procedures for posting and mailing notices shall be as provided for at section 30-30.11.

(j)

Transfer of development rights shall not have an expiration date.

(Ord. No. 2015-17, § 2, 12-7-2015)