(A)

Permit Required. No person shall obtain a building permit or engage in any activity requiring such permit unless such permit is for construction or other activity consistent with zoning and other requirements and with the terms and conditions of any reviews and approvals under this Code.

(B)

Consistency Required. After the effective date of this Code, no person shall change the use of land or a building, obtain a business license or obtain any other approval unless the proposed use, business or activity is consistent with zoning and other requirements and with the terms and conditions of any reviews and approvals under this Code.

(A)

Reviews Generally. Projects may require completion of various separate but related procedures in order to secure final approval. Compliance with all applicable procedural and application requirements set forth in this article is required for the following types of applications:

(1)

Rezoning and Text Amendments.

(2)

Special Uses.

(3)

Variances.

(4)

Home Occupational Licenses.

(5)

Site Plan Reviews.

(6)

Planned Unit Developments.

(7)

Building Permits.

(8)

Certificates of Occupancy.

(9)

Certificates of Use.

(10)

Sign Permits.

(11)

Historic Designations.

(12)

Demolition of Designated Sites.

(13)

Minimum Housing Conditions.

(14)

Off-site Parking.

(15)

Special Exceptions.

(B)

Review Process for Certain Applications. The following procedures shall apply for the following applications:

(1)

Rezoning. Rezoning applications shall be reviewed by the Planning Board which shall make a recommendation to the City Commission for final action as set forth in this Code and State law.

(2)

Special Uses, Variances, Special Exceptions, and any other discretionary approval requiring public hearing, except Initial Site Plan review in Downtown SoMi. The site plan for any special uses, variances, special exceptions, and any other discretionary approval, except Initial Site Plan review in Downtown SoMi, shall first be reviewed by the DRB in accordance with Section 20-5.11, which shall make a recommendation to the Planning Board and City Commission. The Planning Board and City Commission shall review the application in accordance with Section 205.5.

(3)

Site Plans. Site plans that do not require other discretionary approvals shall be reviewed in accordance with Section 20-5.11.

(Ord. No. 17-94-1567, § 6, 11-1-94; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

Editor's note— Ord. No. 13-24-2498, § 3(Exh. B), adopted May 7, 2024, amended the title of § 20-5.2 to read as herein set out. The former § 20-5.2 title pertained to multiple reviews.

A separate application shall be required for each request for a rezoning, a variance or a special use. All other applications required under this Code may be combined with one or more other applications.

(Ord. No. 32-91-1496, 12-17-91)

(A)

Completeness Determination. An application for any review under this Code shall be submitted in the appropriate format and shall contain all information required by this article. Upon receipt of an application, the Director of the Planning and Zoning Department (hereinafter referred to in this Section as "Director") shall review such application for completeness.

(1)

If the Director finds that such application is not complete, he or she shall return it to the applicant with a specific list of missing items or other deficiencies.

(2)

If the Director finds that such application is complete, he or she shall submit it for processing in accordance with this Code.

(B)

Filing Fee Required. No application shall be considered complete unless accompanied by the proper filing fee.

(Ord. No. 15-16-2248, § 1, 6-21-16)

All required public hearings shall be published ten (10) days before the public hearing. The following procedures set forth in this Section 20-5.5 shall be followed for all applications requiring a public hearing before the Planning Board and City Commission, including all applications for rezoning, text amendments, special uses and variances.

(A)

Preapplication Conference. Prospective applicants shall first schedule a preapplication meeting with the Director of the Planning and Zoning Department (hereinafter referred to in this Section as "Director") to discuss and analyze the proposed application request. No statements made or information given during such preapplication conference shall be binding upon the City or prospective applicant.

(B)

Required Submittal. At least thirty (30) calendar days prior to the first scheduled public hearing date on the application, the applicant shall file a formal application with the Planning and Zoning Department. At the time of this filing, the applications shall include:

(1)

A property survey by a registered surveyor;

(2)

A map which reflects all properties and a corresponding list of the names of all property owners within a five-hundred-foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting under oath that the applicant gave notice of the proposed application to all the property owners within the noted five hundred-foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts or the method of proof provided by the U.S. Postal Service bulk proof of delivery service.

(3)

Three (3) sets of mailing labels containing the name and address of all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, within a five-hundred-foot radius of the property which is subject to public hearing. The applicant shall also provide a sworn affidavit attesting to the validity of the mailing lists;

(4)

A site plan showing the proposed project and all required yard setbacks and other requirements; and

(5)

The appropriate filing fee.

(6)

(a)

Transportation impact analysis, will be required for all applications consisting of more than twenty-five (25) residential units, or more than ten thousand (10,000) sq. ft. of commercial space, unless the applicant secures a waiver as provided below. The transportation impact analysis may be required to determine, among other things and without limitation, the transportation impacts that a project will create, with a traffic methodology approved by the Director, and ways to mitigate both the number of vehicle trips and the vehicle miles travelled to and from the project proposed in the application including drawings of such mitigation proposals when required by the Director. The analysis shall be discussed with the Director or designee at the Pre-Application Conference. and a Memorandum of Understanding shall be entered into which defines the methodology and parameters of the transportation impact analysis.

(b)

The Director may require a transportation impact analysis for applications consisting of less than the thresholds set forth in subsection (6)(a) above, if he determines in his sole discretion that the application presents the possible introduction of roadway or transportation impacts that justify such an analysis as part of the application process. Alternatively, the Director may waive the requirement of a transportation impact analysis if an application proposes a project generating less than seventy-five (75) vehicle trips per day, or he determines that any roadway or transportation impacts could be resolved during concurrency review, or will produce de minimis impact.

(c)

The City Commission, Planning Board. City Manager or designee, shall have the same authority as the Director to require a transportation impact analysis when an application is presented to them for review.

(d)

The Planning and Zoning Department shall prepare a set of guidelines for the preparation of transportation impact analvses dealing with all modes of transportation. Trip generation rates shall be taken from professionally recognized sources. Transportation impact analvses shall be conducted pursuant to the following guidelines, unless modified by the Planning Director or designee for good cause:

(C)

Planning Board Notice Requirements. Upon receipt of a complete application, the Planning and Zoning Department shall prepare a Notice of Public Hearing and a location map of the subject property. At least ten (10) calendar days prior to the scheduled public hearing by the Planning Board on the application, the Planning and Zoning Department shall:

(1)

Mail a copy of the public hearing notice and location map to all property owners within a five-hundred-foot radius of the subject property;

(2)

Post a sign on the subject property which identifies the nature of the pending application, time of scheduled hearing and telephone number for further information;

(3)

Publish a legal notice with the scheduled hearing date, location of subject property and nature of application request; and

(4)

Notify the applicant of the scheduled public hearing date before the Planning Board.

(D)

Planning Board Staff Report. A staff report shall be prepared by the Planning and Zoning Department prior to the scheduled Planning Board public hearing which includes (i) DRB's recommendation, (ii) its findings of fact relating to the application, and (iii) a statement as to the compliance of the application with this Code.

(E)

Planning Board Public Hearing. The applicant or applicant's representative shall appear at the scheduled Planning Board public hearing and verbally present the application request. After presentation of the staff report and an opportunity for input and comments on the application by the public present, the Board shall make a recommendation to approve, deny or modify the application and transmit said recommendation to the City Commission, except that if the Board determines it needs additional information in order to make its recommendation, it may defer or continue the item to a future time at the same meeting, or the next regularly scheduled or special meeting, subject to specifically identifying the required information and the requirements of Section 20-6.l(B)(4). A deferral or continuance until the next meeting for the purpose of obtaining additional information as described above shall extend the forty-five-day limitation under Section 20-6.l(B)(4)(a)(iii) to allow such infonnation to be obtained and presented to the Board at the next available meeting, and a decision or recommendation to be made at that next meeting.

(F)

City Commission Staff Report. After the Planning Board public hearing, the Planning and Zoning Department shall prepare a revised staff report for the City Commission which incorporates DRB's recommendations, the Board's recommendation, minutes of the public hearing and any adjustments or changes to its initial report that it deems appropriate as a result of testimony presented during the Planning Board public hearing.

(G)

Commission Meeting Notice Requirements. At least ten (10) calendar days prior to the scheduled public hearing by the City Commission on the application, the City Clerk shall:

(1)

Mail a copy of the hearing notice and map to all property owners within a five hundred-foot radius of the subject property in the application;

(2)

Post a sign on the subject property which identifies the nature of the pending application, time of scheduled public hearing and telephone number of the Planning and Zoning Department for further information;

(3)

Publish a legal notice with the date, time and location of the scheduled hearing, and the location of subject property and nature of application request; and

(4)

Notify the applicant of the date, time and location of the scheduled public hearing before the City Commission.

(H)

City Commission Public Hearing. The applicant shall appear at the scheduled public hearing before the City Commission and verbally present the application request. After the public hearing, the City Commission shall approve, deny or modify the application, except that if the Commission determines it needs additional information in order to make a decision on the application, it may defer or continue the item to a future time or meeting.

(Ord. No. 21-99-1695, § 1, 11-16-99; Ord. No. 12-00-1714, § 4, 4-18-00; Ord. No. 20-09-2012, § 1, 8-18-09; Ord. No. 20-13-2167, § 1, 9-3-13; Ord. No. 15-16-2248, § 2, 6-21-16; Ord. No. 02-24-2487, § 3(Exh. B), 2-6-24; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

General Requirements. All applications shall be submitted and processed pursuant to the requirements of this Code and shall be submitted by the owner of the property or an authorized agent of such owner on application forms available in the Planning and Zoning Department. The Director may require reasonable proof of agency from any agent.

(B)

Application Deadlines. The deadline for the filing of a complete application shall be noon of the Monday three (3) weeks prior to the public hearing date requested. Late or incomplete applications shall not be accepted for that agenda due to required public notice requirements.

(C)

Exemptions. Application requirements shall not apply to city-initiated amendments to the adopted Comprehensive Plan or this Code or any rules or regulations regarding Chapter 163, Florida Statutes.

(D)

Withdrawal of a Petition. Any application for an amendment, supplement or change may be withdrawn by request, in writing, from the applicant at any time before a decision of the commission, but if withdrawn after advertisement for a public hearing or posting of the property, the same or substantially similar application governing the same property shall not be resubmitted for a period of at least one year except at the request of a majority of the commission it can be heard after a period of six (6) months after the date established for the prior hearing. Filing fees shall not be refunded upon any withdrawal.

(E)

Notification to Defer an Application Scheduled for Public Hearing Before the Planning Board and City Commission:

(1)

An application requiring public hearing which has been posted, advertised or notice mailed to property owners within the required five hundred (500) feet of the subject property may be deferred by an applicant or applicant's representative if written notification is provided to the planning department and the city clerk office no later than seven (7) working days prior to the scheduled public hearing. After the notice to defer is filed in written form with the planning department and the city clerk office, the planning director or city clerk shall immediately re-notify by mail the property owners within the five hundred-foot radius and post public notice at the site advising the public of the deferral.

(2)

If the applicant or applicant's representatives formally request within the time frame stated above the deferral of an application scheduled for public hearing, the application shall not be scheduled for public hearing for a minimum period of sixty (60) days from the date of the meeting at which the deferred application was set for public hearing. An additional fee equal to twenty-five (25) percent of the original application filing fee must be submitted before the Planning Board or City Commission public hearing is re-scheduled.

(3)

Failure to provide proper and timely notification as set forth in subsection 20-5.6(E)(1) above will require the applicant or applicant's representative to appear before the planning board or city commission in order to formally request a deferral of the application. A motion for deferral may be adopted by the planning board or city commission. If the application is approved for deferral it will be scheduled for public hearing no sooner than sixty (60) days from the date of the meeting at which the deferred application was set for public hearing. An additional fee equal to twenty-five (25) percent of the original application filing fee must be submitted before the planning board or city commission public hearing is re-scheduled.

(4)

A request for deferral made by the city manager, planning director, planning board, city manager or city commission and shall not be subject to the requirements set forth above in subsections 20-5.6(E)(1)(2)(3).

(Ord. No. 11-90-1451, 8-21-90; Ord. No. 23-07-1924, § 1, 8-21-07; Ord. No. 15-16-2248, § 3, 6-21-16)

(A)

Multiple Properties. Multiple properties in any single application for a rezoning shall be contiguous to one another or accompanied by a unity of title agreement.

(B)

City Initiated Applications. An application for a rezoning or text amendment may be initiated by the City Commission, or alternatively, may be recommended to the City Commission by the Planning Board, Design Review Board, or City administration. A text amendment shall be discussed by the City Commission prior to an ordinance being placed on a Planning Board agenda.

(C)

Intergovernmental Notice. When an application for a proposed rezoning involves a property located within five hundred (500) feet of the jurisdictional limits of the county or City of Coral Gables, notice of such application, specifying the date, time and place of any scheduled public hearings, shall be transmitted to the planning departments or governing bodies of said jurisdictions.

(D)

Rezoning Reapplication. No reapplication for a rezoning shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a change in zoning involving the same or substantially the same property, unless evidence is submitted to and accepted by the city commission which justifies such reconsideration.

(E)

Application Requirements. With the complete application, applicants shall also submit a letter of intent, a property survey by a registered surveyor and a document indicating the written sworn consent of the owners of at least seventy-five (75) percent of the subject property or persons with a contract to purchase conditioned on rezoning approval. Such consent may be given by duly authorized agents of owners and agency shall be evidenced by a proper written power of attorney.

(F)

Neighborhood Awareness. All applications for a rezoning shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts.

(Ord. No. 11-90-1451, 8-21-90; Ord. No. 18-09-2010, § 1, 8-18-09; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use Schedule (Section 20-3.3(D)) with an "S" designation in the appropriate district column.

(B)

Required Conditions.

(1)

Prior to approving a special use, the city commission shall find that such use meets the conditional requirements set forth in Section 20-3.4 and that it:

(a)

Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use;

(b)

Will not be detrimental to the public welfare or property or improvements in the neighborhood; and

(c)

Complies with all other applicable Code provisions.

(2)

Additional Conditions. The city commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements.

(C)

Expiration of Special Use Approvals. An approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause.

(D)

Extension of Special Use Approvals. Four (4) affirmative votes of the city commission may grant an extension for a previously approved special use if a proper and timely request is made by the applicant prior to the expiration of the approval period.

(E)

Reserved.

(F)

Application Requirements. An application for a special use shall include:

(1)

A property survey by a registered surveyor;

(2)

A letter of intent;

(3)

A site plan for any nonresidential use showing the information required for site plan review approval in Section 20-5.11;

(4)

Where the use includes a vehicular use area or landscaped buffer, a proposed landscape plan and information regarding permanent maintenance arrangements;

(5)

A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site;

(6)

All information required for any other type of application which is being processed simultaneously or for any other type of application; and

(7)

Any other information necessary to demonstrate that the proposed special use will conform fully with the requirements of this Code.

(G)

Abandonment of Special Use. Failure to continuously operate a special use for a period of six (6) months shall be considered an abandonment of the use and render the special use status null and void.

(Ord. No. 15-09-2007, § 1, 8-4-09; Ord. No. 01-16-2234, § 1, 1-5-16; Ord. No. 17-17-2287, § 1, 9-28-17)

(A)

Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after one year if no building permit has been applied for in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown.

(B)

Extension of Variance Approvals. Four (4) affirmative votes fo the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the one-year period.

(C)

Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based.

(D)

Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor.

(E)

Neighborhood Awareness. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts.

(F)

Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request.

(G)

Permitted Variance Requests. Applications for variances shall be restricted to the following:

(1)

Yard setbacks.

(2)

Lot size.

(3)

Lot coverage.

(4)

Building height.

(5)

Fences and walls.

(6)

Impervious coverage.

(7)

Off-street parking.

(8)

Open space.

(9)

Signs.

(10)

Landscaping.

(11)

Spacing requirements for Medical Marijuana Retail Centers, and requirements for spacing, drive-in/drive-through, and hours of operation for Pharmacies.

(H)

All variance decisions shall be based on an affirmative finding as to each of the following criterion:

1.

The variance is necessary to relieve particular extraordinary conditions relating to a specific property;

2.

Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions;

3.

The extraordinary conditions and circumstances do not result from the actions of the applicant;

4.

The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure;

5.

That the approval of the variance will be in consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 11-90-1451, 8-21-90; Ord. NO. 11-08-1946, § 1, 3-18-08; Ord. No. 20-08-1955, § 1, 6-3-08; Ord. No. 19-09-2011, § 8-18-09; Ord. No. 04-20-2358, § 3, 1-21-20)

Editor's note— Ord. No. 25-08-1960, § 1, adopted July 29, 2008, deleted § 20-5.10 in its entirety. Former § 20-5.10 pertained to administrative waiver approvals and derived from Ord. No. 15-94-1564, § 1, adopted Oct. 4, 1994; and Ord. No. 4-95-1577, § 1, adopted Apr. 4, 1995.

(A)

Applicability. Site plans shall be submitted for review and approval by the Design Review Board (DRB) prior to the issuance of a permit for:

(1)

Any new building or other structure which is visible from any public or private street; and

(2)

Any material alterations to an existing building or other structure which is visible from any public or private street.

(B)

Design Review of Single-Family Site Plan. All site plans for new single-family development shall be reviewed by the DRB following staff review for confirmation that the proposal meets zoning requirements. The design review must be based on sound and clearly articulated design principles, subject to the criteria in this section. The DRB shall review and make comments within sixty (60) days of the application's placement on DRB agenda. All comments shall be transmitted to the Planning Director, who shall be authorized to act on a building permit without final need for further DRB review. The DRB's recommendations shall be memorialized in the building permit comments for the project. The written determination shall be filed with the Planning and Zoning Department for inclusion in the project record.

(C)

Design Review of Development Other than Single-Family. The DRB shall review all site plans for development other than single-family pursuant to this section:

(1)

If the proposed development does not require a variance, special exception, or other discretionary approval, the DRB shall review and approve, approve with conditions, or deny, within sixty (60) days of the application's placement on a DRB agenda following staff review for confirmation that the proposal meets zoning requirements. Upon the lapse of sixty (60) days, any comments will be transmitted to the Planning Director who shall be authorized to act on a building permit without need for DRB approval. Notwithstanding the above, administrative site plan applications in Downtown SoMi shall only be presented to the DRB for recommendation at the option of the Planning Director.

(2)

If an application requires a variance, special exception, or other discretionary approval, the DRB shall review and make recommendations to the Planning Board and City Commission on the site plan proposed as part of the application within sixty (60) days of the application's placement on a DRB agenda following staff review for confirmation that the proposal, but for the requested approval, meets zoning requirements. Notwithstanding the above, development in Downtown SoMi shall be processed as set forth in Section 20-12.3 of this Code.

(D)

Standards and Guidelines for All Development.

(1)

The DRB shall consider and apply the following as part of its review:

(a)

Scale, color, texture, appropriateness, and aesthetic quality of all proposed buildings and other structures;

(b)

Quantity, quality and arrangement of all proposed landscaping and open space features;

(c)

Overall compatibility of the proposed development with the existing and desired character of the property and neighborhood in which located; and

(d)

The installation of sidewalks along all arterial roadways and compliance with the City's sidewalk policies and requirements.

(e)

Proposed development shall be designed in such a manner so as to preserve and protect existing environmentally-sensitive lands and natural resources, such as and including soils, ground water, surface water, shorelines, vegetative communities, fisheries and wildlife habitats.

(f)

Natural landscaping shall be retained, insofar as is practical, and additional landscaping shall be added, if necessary, to improve the overall visual quality of the proposed development.

(g)

Buildings and Other Structures. Proposed structures shall be related harmoniously to the natural terrain, existing buildings and surrounding neighborhood.

(h)

With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas.

(i)

Such areas shall be safe and convenient and not detract from the design of proposed buildings and neighboring properties.

(j)

Exposed storage utility areas, utility buildings and structures and similar accessory areas and structures shall be subject to such placements, screen plantings or other screening methods as shall be required to prevent their being incongruous with existing or contemplated environment or surrounding properties.

(k)

Ensure that utilities are coordinated and location of other building, utility, or public infrastructure that could adversely impact the right-of-way, or the project's integration with the right-of-way, are reviewed to safeguard the relationship between the building and pedestrian realm.

(2)

Designs should use a mix of articulation, architectural elements and exterior finishes reducing the perceived scale and bulk of buildings, including low to moderately pitched roofs and recesses under roof creating indoor/outdoor living spaces (terraces). In considering the design of the building, the DRB shall consider and apply the standards and guidelines in subparagraph (D)(1), and determine the adequacy of the elements in the design concept including, but not limited to:

Trim

Shutters

Awnings and canopies

Windows (Fenestration)

Doors

Texture of surface

Colors

Roofs (materials, color, slope and overhang)

Planters

Window boxes

Walls, height, location, materials, design

Height of building

Location of structure on site

Site circulation in regard to pedestrian travel, parking, services, grades and landscaping

Location of exposed piping, conduits and rain water leaders

The impact on adjacent properties of continuous two-story walls

All lighting (height, location and style)

(3)

In applying the criteria, the DRB shall consider the height, scale, massing, separation between buildings, and style in regard to how buildings and structures relate to each other within a specified area, allowing for differences in height, scale, massing, and separation between buildings and style, when such differences contribute to the overall harmony and character of the area. The DRB shall not take into consideration existing buildings and structure that are out of context with the area when considering whether a new building or structure or a substantial addition to an existing building or structure is in context with both sides of the street on the block where it is located and surrounding properties.

(4)

Historic Preservation Board Review. Development in the City's Historic District or on a historically designated site shall be reviewed by the Historic Preservation Board and the Design Review Board prior to design review in accordance with the regulations set forth in this section. The Historic Preservation Board shall review the application for consistency with the City's historic preservation guidelines, requirements set forth in this section, and the standards for the issuance of a Certificate of Appropriateness set forth in the Land Development Code. The Board shall also determine compatibility with the guidelines in the specific Historic Designation Report.

(5)

Late Stage Site Coordination Review. For all development exceeding forty thousand (40,000) square feet of floor area, Planning staff shall present to the DRB for review each permit package prior to building permit issuance to ensure that from conceptual design to construction documents, utility coordination and location of other building, utility, or public infrastructure that could adversely impact the right-of-way, or the project's integration with the right-of-way, are reviewed to safeguard the relationship between the building and pedestrian realm. The DRB shall make recommendations to Planning staff within thirty (30) days of presentation of plans, and Planning shall condition the building permit as necessary based on such recommendations.

(E)

Review Exception. Notwithstanding any other regulations of this Code, the DRB shall not review Initial Site Plans within the Downtown SoMi (DS) District nor any Major or Minor Changes made to approved Initial Site Plans within the DS District.

(F)

Application Requirements.

(1)

General Requirements.

(a)

Plans and supporting data as specified in this section and applications maintained by the Planning and Zoning Department shall be submitted with each application.

(b)

Required information shall include the title of the project, name of developer, name of planner, architect, engineer, north arrow, date, scale and legal description of the property.

(c)

The architectural plans for construction of new buildings must be signed and sealed by a Florida registered architect, and all landscape plans shall be signed a Florida registered landscape architect.

(2)

Existing Site Characteristics. Information shall be shown reflecting the following existing features of the subject property:

(a)

Property survey by registered surveyor;

(b)

Rights-of-way and easements;

(c)

Structures and uses;

(d)

Photographs of surrounding properties; and

(e)

Zoning districts.

(3)

Proposed Site Plan. The following information, indicating the proposed character of the developed property, shall be submitted.

(a)

Name, address and phone of owner and designer;

(b)

Property lines;

(c)

Rights-of-way and easements;

(d)

Structures and uses;

(e)

Parking spaces, accessways, driveways, sidewalks, wheel stops and curbs;

(f)

Curb cuts and median openings;

(g)

Lighting and irrigation systems;

(h)

Fences and walls;

(i)

Storm sewers;

(j)

Dumpster locations;

(k)

Locations of all utilities, and building infrastructure including fire rooms, Siamese connections; and

(l)

Any additional information required by the Planning Director.

(4)

Proposed Landscape Plan. In addition to the requirements of Section[s] 20-4.5 and 20-4.5.1, the following landscaping information shall be submitted:

(a)

Proposed trees, shrubs, grass and other vegetation including their location, height, shape, size and type by both common and botanical classifications.

(b)

Proposed berms, water courses and topographic features, including their location, height, size and shape.

(5)

Proposed Buildings and Structures. All proposed structures, fences and walls shall be shown in elevation drawing reflecting their location, size, color, height and construction material.

(6)

Tabular Summary. A tabular summary, as required by the building and zoning department, shall be submitted.

(7)

Neighborhood Analysis. The applicant shall provide a comprehensive neighborhood analysis consisting of photos of the site, a statement explaining how its consistent with the architectural style of its surrounding, and photos of all abutting properties on both sides of street.

(G)

Expiration. Where DRB has the authority to approve or deny, an approval by DRB shall expire if a building permit for building foundation or vertical construction is not obtained within one year of approval.

(H)

Required Affirmation from Applicant. All applications shall include a signed statement that states that the applicant understands that approval of an application does not waive zoning requirements, including as to matters that may have been shown on the plans where noncompliance was not discovered in the process of review.

(Ord. No. 12-90-1452, 7-24-90; Ord. No. 3-94-1552, § 1, 3-1-94; Ord. No. 12-96-1612, § 7, 7-30-96; Ord. No. 19-96-1619, § 8, 10-1-96; Ord. No. 10-08-1945, § 1, 3-18-08; Ord. No. 26-08-1961, § 1, 7-29-08; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 15-19-2328, § 10, 4-23-19; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

Review Procedures. Upon receipt of a complete application for the approval of a planned unit development, the Building and Zoning Department shall review the application and submit its findings and recommendations to the Design Review Board (DRB). All procedures and requirements specified below shall apply to applications for planned unit developments.

(B)

DRB Review.

(1)

The DRB shall formally meet and consider the preliminary development concept plan for the proposed planned unit development.

(2)

The DRB shall make a recommendation on the application at least seven (7) calendar days prior to the date of the scheduled Planning Board public hearing.

(C)

Planning Board Action.

(1)

Within forty-five (45) calendar days after receipt of an application, the planning board shall hold a public hearing on the application.

(2)

Notice of such hearing shall comply with all requirements of state law and this Code.

(3)

Within fifteen (15) calendar days after such public hearing, the planning board shall transmit its recommendations to the city commission.

(D)

City Commission Action.

(1)

Within ninety (90) calendar days of receipt of the recommendations of the planning board, the city commission shall hold a public hearing on an application for a planned unit development.

(2)

Notice of such hearing shall comply with all requirements of state law.

(3)

The city commission shall approve, deny or approve with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the planned unit development regulations contained in Section 20-3.7 of this Code.

(E)

Final Plans and Reports.

(1)

Final plans shall be in accord with preliminary plans as approved by the city commission.

(2)

Minor changes may be permitted by the city manager, if such changes meet the same physical design requirements as the approved final plans.

(F)

Changes in Final Plans and Reports.

(1)

Major Changes.

(a)

Any proposed change which would have the effect of increasing densities or redistributing square footage or altering the height or use of a development is a major change.

(b)

An applicant for a major change shall schedule a preliminary conference with the building and zoning department. The department may accept the application, recommend changes to the application or deny the application.

(c)

Upon acceptance, the application shall be further considered at another preliminary conference with members of the DRB, a representative from the department and the applicant.

(d)

The application shall then be completed and submitted to DRB for consideration. The DRB shall submit recommendations for approval, approval with conditions or denial to the Planning Board within seven (7) calendar days of its review.

(e)

The planning board shall receive a complete application and the department shall post and publish public hearing notices. Public hearings shall be held before both the planning board and city commission.

(2)

Minor Changes.

(a)

Applications for a minor change shall be submitted to the building and zoning department. If the director agrees that the change is minor, he or she shall report on the application to the city manager.

(b)

The city manager shall make a final decision on the application and communicate the decision to the applicant. The director shall place a copy of the application and decision in the planned unit development file. If the city manager approves the application, notice of the approval also shall be transmitted to the city commission.

(c)

The City Manager's decision shall become effective fifteen (15) days after transmittal to the City Commission.

(G)

Application Requirements. Applications for approval of a planned unit development shall include:

(1)

Required Documents. All plans, maps, designs, studies and reports which may reasonably be required to make the determinations required by these regulations.

(2)

Ownership Report. A report identifying all property ownership and beneficial interest within the boundaries of the proposed planned unit development and giving evidence of unified control of the entire area.

(a)

The report shall state agreement of all owners or holders of beneficial interest to proceed with the proposed development according to the terms of any final special permit approving the planned unit development, including such modifications as may be set by the city commission; and

(b)

The report shall conform in the process of development to the preliminary development concept plan and to proposals for staging of development.

(3)

Property Survey. A survey of the proposed development showing property lines and ownerships; and existing features, including streets, alleys, easements, utility lines, existing land use, general topography and physical features.

(4)

Preliminary Concept Plan. A preliminary concept plan which shall include:

(a)

Names of proposed development, developer and planner.

(b)

Scale (1″ = 20′), date, north arrow.

(c)

Location, height, floor area, residential density of existing structures, if any; and location, orientation, height, floor area, residential or other density, and use of proposed structures or portions of structures.

(d)

Conceptual site plan, floor plan and elevations of all buildings, uses and improvements as intended to be located, constructed and used.

(e)

Points of egress and ingress for pedestrian, vehicular, transit and service traffic, and circulation patterns within and around the proposed development.

(f)

Location, character and scale of parking and service facilities (area and number of off-street parking spaces, character of mass transit related facilities, location of principal service areas for major structures or complexes, etc.).

(g)

Relation of adjacent land uses and zoning districts to the proposed planned unit development, including, where view protection is an objective, location of principal public view points into or through the proposed planned unit development.

(h)

Existing lots or blocks, if any, and general pattern of proposed lots or blocks, if any.

(i)

Location of existing and proposed systems for pedestrian use or common enjoyment (excluding automotive uses); scale of such systems; indication of open space, open air and internal components.

(j)

Where determined necessary, a professional market analysis and an analysis of the economic impact of the proposed development may also be required.

(k)

Any additional information deemed necessary.

(5)

Special Reports. Special surveys, approvals, preliminary approvals (as appropriate to the particular case) or reports (such as a report for a Development of Regional Impact) required by county, state or federal governments where a proposed planned unit development is dependent upon such special surveys, approvals or preliminary approvals or reports.

(6)

Phasing Reports. Where a planned unit development is to be constructed in stages, indications as to the nature of the planned unit development, uses, location and floor areas, residential or other densities to be developed, and timing of beginning of development of the first stage; and similar information on succeeding stages; provided, that in lieu of an indication of specific timing, initiation of succeeding stages may be made dependent upon completion of all or substantial portions of earlier stages.

(7)

Common Area Reports. Proposals concerning the establishment of areas, facilities and improvements for the common use of the occupants or employees of or visitors to the planned unit development shall give adequate assurances to the city that such areas, facilities and improvements will be continued, operated and maintained without future expense to the taxpayers of the city.

(8)

Restrictive Covenants. Proposals concerning restrictive covenants, if any, to be recorded with respect to property included in the planned unit development.

(9)

Submittal Requirements. Materials submitted with an application for a major change or a minor change to a previously approved planned unit development shall include:

(a)

Letter of intent containing statement of need and justification for changes.

(b)

Copy of approved final plan and report.

(c)

Copy of proposed final plan and report.

(H)

Revocation of Planned Unit Developments Approval.

(1)

Revocation Procedures and Standards.

(a)

Revocation procedures: Planned unit development approvals may be revoked by resolution of the city commission. Prior to passing a resolution revoking a planned unit development approval, the city commission shall hold at least one public hearing which shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20-5.12(D)(2). Prior to holding a public hearing to revoke a planned unit development approval, the city commission shall request a recommendation from the planning board which shall hold its own public hearing on the subject prior to giving its recommendation. The planning board's public hearing shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20-5.12 (C)(2). In addition, the owner(s) of record of the subject property shall be notified by registered mail at least sixty (60) days prior to the planning board's first hearing on the subject. If the planning board fails to hold a public hearing or fails to give a recommendation within one hundred twenty (120) days of being requested by the city commission to do so, then the city commission may proceed to advertise and hold its own public hearing and to take action without the planning board's recommendation, provided that the owner(s) of record of the subject property have been notified by registered mail at least once and at least sixty (60) days prior to the city commission's first public hearing.

(b)

Revocation standards: In considering a planned unit development revocation, the planning board and the city commission shall evaluate all relevant information which may come to their attention. A planned unit development approval which meets all requirements for approval under existing comprehensive plan and zoning designations applicable to the subject property shall not be revoked. However, there shall be no vested interest in a planned unit development approval per se and any planned unit development approval that is inconsistent with existing comprehensive plan or zoning designations may be revoked; indeed, such inconsistency may be deemed sufficient grounds for revocation of any planned unit development approval. The phrase "any planned unit development approval" in the preceding sentence shall include approvals for projects which have been fully or partially constructed. In the case of such projects, the revocation of the planned unit development approval shall not in any way cancel any vested right which may apply to the already completed buildings and structures themselves.

(Ord. No. 12-90-1452, 7-24-90; Ord. No. 3-93-1532, 5-4-93; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

General Provisions.

(1)

No person shall erect, construct, reconstruct, excavate for a foundation, alter or change the use of any structure or improvements of land except in conformity with this Code and upon issuance of a building permit indicating what is to be allowed.

(2)

No construction material and equipment shall be placed on any premises, lot or proposed building site prior to building permit issuance.

(3)

Regulation enactment or amendment.

(a)

No building permit, lawfully issued prior to the effective date of this Code or any amendment thereto and in full force and effect at said date, shall be invalidated by passage of this Code or any such amendment.

(b)

Such permit shall be valid, subject only to the following:

i.

Building permit provisions;

ii.

Applicable codes, ordinances, rules and regulations in effect at the time the permit was issued; and

iii.

Expiration of the permit is not less than sixty (60) days from the effective date of this Code, unless actual construction has begun and continued pursuant to permit terms.

(B)

Procedures. Building permits and applications shall be regulated by the Florida Building Code, as amended, and procedures of the Building Department.

(Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

Certificate Required. No land shall be used or occupied and no structure shall be altered, erected, moved, used or changed until a certificate of occupancy has been issued by the building and zoning department stating that the structure or use complies with this Code and the Building Code.

(B)

Procedures.

(1)

A certificate of occupancy shall be issued only after construction has been completed and final inspections have been conducted and approved.

(2)

A certificate of occupancy shall be issued within ten (10) working days after completion of construction of such structure, subject to:

(a)

Inspection by the building official to determine compliance with all applicable provisions of this Code; and

(b)

Compliance with the Building Code and all other applicable regulations.

(3)

In the event of a question concerning the legality of a use, the director may require affidavits and such other information as deemed necessary before issuance of a certificate of occupancy.

(4)

A record of all certificates of occupancy shall be kept on file in the building and zoning department.

(A)

Certificate of Use Required. A certificate of use confirming that a property or structure has the appropriate zoning for its proposed use shall be required for all new businesses, a change in ownership of an existing business or a change in the character of occupancy of any existing business. Such certificate shall be obtained from the building and zoning department prior to the issuance of a local business tax receipt, and prior to doing business within the City limits.

(1)

It is hereby deemed unlawful for any person to open or operate any business, occupy any structure within the City limits, and/or use any land or body of water without first obtaining a certificate of use therefore from the city manager or designee as may be required herein.

(2)

The certificate of use shall be valid so long as a business tax receipt is kept current for the property.

(3)

A separate certificate of use shall be obtained for each place of business and for each corporation and/or legal entity within each place of business.

(B)

Fees. The certificate of use application shall be accompanied by a fee as set forth in the City's Schedule of Fees.

(C)

Inspections. Inspections of the applicant's business premises shall be scheduled at the convenience of both the compliance officer/inspector and the business owner. If the business owner fails to be present at the time of the scheduled inspection or if the compliance officer/inspector is denied and/or unable to gain access to the business premises to conduct the requisite inspection, the business owner may be subject to being charged a reinspection fee per reinspection at the discretion of the City manager or designee. Additionally, after three (3) such attempts and/or denials of access to the premises the City manager or designee may pursue the revocation of any existing certificate(s) of use issued to the subject premises.

(D)

Other Approvals.

(1)

Obtaining a certificate of occupancy prior to issuance of certificate of use. All businesses required to obtain a certificate of occupancy pursuant to the Florida Building Code, must do so prior to the issuance of a certificate of use. Any certificate of occupancy issued by Miami-Dade County shall be honored by the City, provided that the occupancy for which the certificate was issued remains the same.

(2)

State license, certification, registration required. All businesses and professions regulated by the state must submit a copy of their current state license, certification, and/or registration prior to the issuance of their certificate of use thereafter each year at time of renewal. Only the state license itself, or in the case of the state hotel and restaurant commission, the receipt issued by the state, shall constitute proof of current state license.

(3)

Grease trap registration required. All restaurants are required to obtain a grease trap permit from the Miami-Dade County Department of Environmental Resources Management and shall provide a copy of said permit to the City manager or designee prior to the issuance of any certificate of use.

(4)

County approvals. To the extent required by the Miami-Dade County Code, all businesses that require an annual inspection from any Miami-Dade County Department shall submit a copy of the county inspection report or any such form indicating that said business was inspected and passed the requisite inspection; prior to the issuance of any certificate of use.

(E)

Grounds for Denial or Revocation.

(1)

The City manager or designee, as appropriate, shall have the authority to deny an application for a certificate of use, or revoke a previously issued certificate of use on the following grounds:

(a)

That the applicant desiring to engage in the business, as described in the application, has selected a proposed site or type of business activity, which does not comply with the City's zoning ordinance or other laws of the City.

(b)

That the applicant has failed to obtain a certificate of occupancy as required by the Florida Building Code.

(c)

The certificate of occupancy for the proposed business location has been denied, suspended, or revoked for any reason.

(d)

The certificate holder does not engage in the business as described in the application or has changed the use without authorization.

(e)

The certificate holder allows the premises to be utilized for solicitation for prostitution, pandering, lewd and lascivious behavior, sale, distribution or display of obscene materials or conduct; sale or possession of any controlled substances or narcotics.

(f)

The issuance of a certificate of use is based on the applicant's compliance with specific provisions of federal, state, City or county law, with respect to the specific zoning use, and the applicant has violated such specific provisions.

(g)

The applicant has violated any provision of this section and has failed or refused to cease or correct the violation within fifteen (15) days after notification thereof.

(h)

The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human occupancy.

(i)

The applicant is delinquent in the payment of any certification fee imposed under this division; code compliance lien; special assessment lien and/or any other debt or obligation due to the City under state or local law.

(j)

The applicant has been denied a City business tax receipt, or the applicant's business tax receipt has been revoked within the last twelve (12) months.

(k)

The applicant fails to permit inspection by the City as required and prescribed herein.

(2)

Any person, whose application has been denied as provided herein shall have the right to apply for a variance and/or public hearing to the extent that such relief is otherwise available under the Land Development Code. Such application shall be governed in accordance with any City or local ordinance or law.

(F)

Display of Certificate. Each certificate of use issued by the City shall be displayed conspicuously at the place of business and in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the City. Failure to display the certificate in the manner provided for in this section shall subject the owner/operator to applicable code compliance procedures and/or any other remedies as permitted by law.

(G)

Examination of Records. It shall be unlawful for any person and/or business to refuse to allow the department to investigate and examine relevant records for the purpose of determining whether such person and/or business has a certificate and/or whether such person and/or business shall be issued a certificate.

(H)

Obtaining Certificate by False Statement. Any certificate of use obtained under the provisions of this division upon a misrepresentation of a material fact shall be deemed null and void and the certificate holder who was thereafter engaged in any business under such certificate shall be subject to compliance action for doing same without a certificate of use with the same effect and degree as though no such certificate had ever been issued.

(I)

Illegal Activity Not Approved by Certificate. The issuance or possession of a valid certificate of use obtained under the provisions of this division does not constitute an approval of any offense, illegal activity or act prohibited by law.

(J)

Procedure for Revocation; Right to Appeal.

(1)

The revocation of a business tax receipt pursuant to Chapter 13 shall result in the automatic revocation of the corresponding certificate of use for the same business and same premises.

(2)

Where a business tax receipt has not been revoked, the following procedure shall apply for the revocation of a certificate of use:

(a)

Notice of violation; right to appeal; order to cease and desist business. Whenever the city manager determines that any of the grounds for revocation set forth in (E) have occurred, except for the revocation of a business tax receipt pursuant to Chapter 13, or that there is a violation of any provision of this chapter or any other applicable state statute, ordinance, rule or regulation, the city manager, or the manager's designee, shall give notice of such violation to the person or persons who are responsible for either obtaining the required certificate of use. Such notice of violation shall:

(i)

Be in accordance with the provisions set forth in F.S. ch. 162;

(ii)

Inform the person to whom it is directed of his or her right to apply for an appeal hearing before the city commission; and

(iii)

Instruct the responsible person(s) identified in the violation to immediately cease and desist all business, occupational, or professional activities on the premises.

(b)

If such violation is not corrected within fifteen (15) days after receipt of the notice of violation, the city manager may revoke the certificate of use. Prior to taking such action, the city manager shall provide the holder of the certificate of use the opportunity to present evidence at an informal meeting held by the city manager as to why such action should not be taken. If the city manager determines due to the imminent threat of harm to the public health, safety or welfare, that emergency corrective action must be immediately taken, a shorter period for corrective action may be directed (less than fifteen (15) days), and/or the opportunity to present evidence may follow the revocation of the certificate of use. The city manager shall prepare a written order of his actions stating the facts upon which he relies. The violator may appeal the order revoking the certificate of use to the city commission.

(K)

Procedure for Appeals.

(1)

An appeal to the city commission may be filed with the city clerk upon a form prescribed by the city clerk. An appeal must be filed within fifteen (15) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s).

(2)

An appeal stays all proceedings in furtherance of the action appealed from, unless the city manager certifies to the city commission, after notice of appeal has been filed, that because of the facts stated in the certificate, a stay would, in the city manager's opinion, cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter.

(3)

If certification occurs in accordance with subsection (b) above, proceedings may not be stayed, except by a temporary injunction issued by a court of competent jurisdiction.

(4)

The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing such appeal, and shall provide due notice of the appeal to the parties.

(5)

The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from, and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances.

(6)

When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of this section relating to certificates of use, so that the spirit of this section is observed, public safety and welfare secured, and substantial justice done.

(Ord. No. 01-24-2486, § 1, 2-6-24)

A Unity of Title, as defined in Section 20-2.3, shall be required as specified below and shall be a prerequisite to the issuance of a building permit.

A Unity of Title, as defined in Section 20-2.3, shall be required as specified below and shall be a prerequisite to the issuance of a building permit.

(A)

Required. A Unity of Title is required in the following cases:

(1)

Whenever the building site consists of more than one lot or parcel and the main building is located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site.

(2)

Whenever the building site consists of more than one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements.

(3)

Whenever a Unity of Title is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the City Commission.

(B)

Submittal. A Unity of Title must be submitted to the planning and zoning department if the unification is required by the Land Development Code.

(C)

Approval. The Unity of Title must be approved by the City Attorney as to form and content if the unification is required by the Land Development Code. The City Attorney may review and approve a Unity of Title when requested by a land owner provided the owner pays for cost recovery of such service.

(D)

Recording. Whenever a Unity of Title is required by this section, it must be recorded in the public records of Miami-Dade County prior to the issuance of any building permit for the properties required to be unified. The Unity of Title must run with the land and must be binding upon the property owner, his/her successors and assigns. The owner must pay the fee as required for recording a Unity of Title in the public records of Miami-Dade County.

(E)

Release. Any Unity of Title required by this section may not be released except upon approval by resolution passed and adopted by the City Commission, after a public hearing, and executed by the City Manager and the City Clerk. The release of the Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally required the execution of the subject Unity of Title.

(Ord. No. 23-99-1697, § 2, 11-16-99; Ord. No. 04-07-1905, § 1, 2-20-07; Ord. No. 25-10-2050, § 1, 9-7-10; Ord. No. 23-20-2377, § 2, 7-21-20)

Editor's note— Ord. No. 42-11-2115, § 4, adopted Dec. 6, 2011, amended and renumbered § 20-5.17 as § 20-11.2. Former § 20-5.17 pertained to designation of historic sites and derived from Ord. No. 12-96-1612, § 3, adopted July 30, 1996; and Ord. No. 11-04-1818, § 2, adopted Oct. 5, 2004.

Editor's note— Ord. No. 42-11-2115, § 5, adopted Dec. 6, 2011, amended and renumbered § 20-5.18 as § 20-11.3. Former § 20-5.18 pertained to historic designation reports and derived from Ord. No. 12-96-1612, § 4, adopted July 30, 1996.

Editor's note— Ord. No. 42-11-2115, § 6, adopted Dec. 6, 2011, amended and renumbered § 20-5.19 as § 20-11.4. Former § 20-5.19 pertained to demolition of designated sites; demolition by neglect and certificates of appropriateness and derived from Ord. No. 12-96-1612, § 5, adopted July 30, 1996; and Ord. No. 28-10-2053, § 1, adopted Sept. 21, 2010.

(A)

Described and Designated. Any dwelling shall be declared by the city to be unfit for human habitation if it:

(1)

Is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested, that it creates a serious hazard to the health or safety of the occupants or of the public;

(2)

Lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or public;

(3)

Is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or public; or

(4)

If the owner or occupant fails to comply with such notices or orders issued pursuant to this Code.

(B)

Placarding Building Unfit for Human Habitation. Any dwelling which is declared unfit for human habitation as provided in this Code shall be so designated and placarded by the building official and shall be vacated within such time as may have been ordered by the building official, except in the cases in subsections (b) and (c) above, where the dwelling shall not be placarded unless ten (10) calendar days prior notice shall have been served upon the premises.

(C)

Vacation of Placard Order. No dwelling which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the building official, who shall do so whenever the defect or defects upon which the placarding action was based have been eliminated.

(D)

Placards Not to be Defaced. No person shall deface or remove the placard from a dwelling which has been declared unfit for human habitation by the building official except as provided herein.

(E)

Vacant Dwellings Made Secure. The owner, agent or operator of any dwelling which has been designated as unfit for human habitation and vacated, shall make such dwelling safe and secure in whatever manner the building official shall deem necessary, provided same is required by this Code. Any vacant building, open at the doors or windows, if unguarded, shall be deemed dangerous to human life.

(F)

Notice of Intent to Demolish. Whenever the Building Official designates a building unfit for human habitation, as provided in this Code, and determines that the cost necessary to correct the violation is not reasonable in relation to the value of the building, he or she shall include within the notice of violation a statement of intent to order the demolition of the structure. Service of this notice shall be effected as provided in this article. The owner may demolish such structure as provided herein or correct the violation regardless of cost but in compliance with the Building Code and this Code.

(G)

Agency to Make Repairs of Demolish. Whenever a notice or order to remove a violation or to secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the building official to constitute a nuisance, he or she may proceed to cause the structure to be demolished, repaired, altered, secured or vacated, or to take such other action as is necessary to abate the nuisance. Whenever the building official determines that such nuisance exists, he or she shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding. Abatement shall not commence until at least ten (10) calendar days after service of such notice.

(H)

Recovery of Expenses. The expenses incurred pursuant to this Code shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other matter. The building official shall file an affidavit stating with fairness and accuracy the items of city expense and the date of execution of actions authorized herein and the city attorney may institute a suit to recover such expenses against any person liable for such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.

(I)

Survey of Housing Conditions. The building official shall be authorized to make surveys in any area of the city designated by the city commission to determine the general condition of structures used for human habitation, lack of facilities, unsafe and unsanitary conditions, extent of overcrowding and other relevant factors.

(J)

Inspection of Dwellings. The building official shall be authorized to make inspections to determine the condition of dwellings in order to safeguard the health, safety, morals and welfare of the public. The building official shall be authorized to enter any such premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the sole purpose of performing his or her duties under this article.

(K)

Access to Dwellings. The owner, operator, agent or occupant of every dwelling shall give city staff access to such dwelling for the reasons and at the times set forth in this Code.

(L)

Notice of Violation. Whenever the building official determines that there is a violation of any provision of this Code or any other applicable rule or regulation, he or she shall give notice of such violation to the person or persons responsible therefor. Such notice shall:

(1)

Be in writing;

(2)

State the nature of the violation and the Code sections applicable thereto;

(3)

Provide a reasonable time for compliance;

(4)

Be served upon the owner, agent or occupant as the case may require. Such notice shall be deemed properly served if a copy is served upon him or her personally or if a copy is sent by registered mail addressed to the owner of the property as their names and addresses are shown upon the records of the Miami-Dade County Tax Assessor, and shall be deemed complete and sufficient when so addressed and mailed with proper postage prepaid; or, and only in the case of an occupant, of a dwelling where a violation exists, if a copy is served personally upon any person over the age of twenty-one (21) years who may be found present in the dwelling or otherwise in accordance with state law; and

(5)

Inform the person to whom it is directed of his or her right to apply for an appeal hearing.

(M)

Final Order. Any notice of violation shall, if unanswered within ten (10) calendar days, be followed by a second notice. The second notice shall automatically become a final order if written request for a hearing is not filed with the building official within ten (10) calendar days after service of the notice. A copy of this final order shall be served as provided in this Code.

(N)

Power to Act in Emergencies. Whenever the building official, at any stage of the proceedings instituted under the provisions of this Code, finds that a violation of this Code exists which, in his or her opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals, or welfare of the occupants of a building or of the public, he or she may, with city commission approval, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this Code, such an order shall be effective and complied with immediately upon service or as otherwise provided.

(O)

Agency to Abate Hazards in Emergencies. Whenever any violation of this Code which, in the opinion of the building official, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public has not been corrected in the time specified by the order issued pursuant to this Code, the building official may take such action as is necessary to abate the danger. Expenses incurred in the execution of such orders shall be recovered as provided in this Code. The building official shall give notice of his or her intention to take such direct action at a specified time.

(P)

Demolition as Compliance. Any owner of a building, receiving a notice of violation stating that such building does not comply with the provisions of this Code, may demolish such building, and such action shall be deemed compliance.

(Q)

Reinspection. At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the building official to cause to be made a reinspection of the dwelling and if compliance has not been established, appropriate legal action shall be instituted as specified in this Code, provided that additional notices of violation are not required.

(R)

Extension of Compliance Time. The building official may extend compliance time specified in any notice or order where there is evidence of intent to timely comply and such timely compliance was prevented for good and sufficient reason such as, for example, financial hardship.

(S)

Recording of Notices. The building official shall file with the city clerk a copy of any notice or order issued. Such recording shall constitute appropriate notice to any subsequent purchaser or lessee of the affected property.

(T)

Transfer of Ownership. No owner of any dwelling upon whom any notice or order has been served shall sell, transfer, mortgage, lease or otherwise dispose of such property until compliance of the provisions of such notice or order has been secured, or until such owner shall furnish to the purchaser, transferee, mortgagee or lessee, prior to such sale or lease, a true copy of such notice or order and at the same time give adequate notice of such proposed transaction to the building official. The subsequent party in interest shall be bound by the existing notice.

(Ord. No. 17-11-2090, § 1, 4-19-11)

(A)

Temporary Repairs Authorized. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent any temporary construction, reconstruction or other repairs to a building or site in the city, pursuant to an order of a government agency or court.

(B)

Disaster Waiver. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately and to rehabilitate it later under normal review procedures of this Code.

Notwithstanding anything to the contrary contained herein, the procedural requirements of this Code shall not apply to any city-initiated Comprehensive Plan amendments or zoning regulations implementing such plans or amendments, as required by Chapter 163, Florida Statutes, or any Florida Department of Community Affairs rules or regulations.

(A)

Satellite Earth Station Antennas. Except where exempt from local regulation under State law, plans of satellite earth station antennas shall be submitted with each application for a building permit, which shall include a site plan indicating the height, diameter, color, location, setbacks, foundation details, landscaping and screening, and that such plans shall be subject to approval by the Planning Director and that such antennas shall be subject to the following standards:

(1)

Location:

(a)

In all RS, RT-6 and RT-9 Districts only ground-mounted antennas shall be permitted and such antennas shall be located in the rear yard of that property or in the interior side yard and not visible from the street.

(b)

In all other districts, roof-mounted antennas shall be permitted, provided, however, that such antennas shall be screened from ground view by a parapet or some other type masonry wall or screening. The minimum height and design of such parapet, wall or screening shall be subject to approval by the Planning Director.

(c)

Ground-mounted antennas shall also be permitted in the RM-18, RM-24 and commercial districts subject to the applicable provisions of this section.

(2)

Landscaping:

(a)

Ground mounted antennas shall be screened by landscaping from view from the street and adjacent property owners so that such antennas are not visible between ground level and eleven (11) feet above ground level as shall be approved by the Planning Director.

(b)

In order to reduce the height of the required plant material, berms may be employed in conjunction with the landscaping plan. All plant material, size (at installation), quantity and spacing shall be specified on the landscaping plan or site plan.

(3)

Diameter:

(a)

The diameter of such antennas shall not exceed ten (10) feet in all RS, RT-6 and RT-9 Districts.

(b)

The diameter of such antennas shall not exceed fifteen (15) feet in all other districts.

(4)

Height:

(a)

Ground-mounted antennas shall be limited to a maximum height of eleven (11) feet above grade in all RS, RT-6 and RT-9 Districts and a maximum of fifteen (15) feet above grade in all other districts.

(b)

Roof-mounted antennas shall be limited to a maximum height of five (5) feet above the roof line or radius of the "dish bowl" in RS, RT-6 and RT-9 districts with a maximum of fifteen (15) feet in all other districts.

(5)

Setbacks:

(a)

Ground-mounted satellite antennas in the most extended position shall conform to the following minimum setbacks:

i.

Rear and Side: In all RS, RT-6 and RT-9 Districts fifteen (15) feet and in all other districts, rear and side setbacks shall be provided as are required for the principal building on the building site.

ii.

Setbacks from Power Lines: Satellite antennas or any appurtenances thereto, shall be located not less than eight (8) feet from any powerline over two hundred fifty (250) volts.

(b)

In no case shall such satellite antennas be located closer to the front or side street of a lot or building site than the main or principal building.

(c)

Where such a satellite antenna is located on a building site which is fronting upon two or more streets, the antenna shall maintain the same setback as required for the principal building along each such street.

(6)

Impervious Coverage: The impervious coverage of such antennas shall be counted in computing the impervious coverage for auxiliary and accessory use structures located upon the building site.

(7)

Color: Such satellite antennas and their appurtenances shall be non-reflective black, green or the same color as the wall to which it is attached (if not freestanding) and, to the extent possible, shall be compatible with the appearance and character of the neighborhood.

(8)

Number Permitted: Only one satellite antenna shall be permitted for each principal building. Roof top antennas of three (3) feet or under shall not be limited, but they shall be screened from view with screening approved by the Planning Director.

(9)

Installation:

(a)

The installation or modification of all satellite antennas shall be in accordance with all applicable construction and safety codes and procedures and shall meet the requirements of the Florida Building Code.

(b)

Roof-mounted antennas shall be anchored to the roof and shall conform with the requirements of the Florida Building Code.

(c)

All antennas and appurtenances shall be so constructed and installed so as to withstand the forces due to wind pressure as provided for under the Florida Building Code, and all applications shall include signed and sealed drawings by a professional engineer.

(10)

Maintenance: Such satellite antennas, appurtenances, landscaping and screening shall be kept and maintained in good condition.

(11)

Existing Antennas: All antennas installed prior to February 5, 1991, will be grandfathered in under the following conditions and must be brought into compliance by May 5, 1991 (ninety (90) days):

(a)

A certified statement by a professional engineer be provided that the existing antenna is installed to the specifications of the Florida Building Code and not an undue hazard to the community; and

(b)

Appropriate screening shall be done as shall be approved by the city.

(Ord. No. 10-90-1450, 8-21-90; Ord. No. 4-91-1469 (a.k.a. Ord. No. 10-90-1450-A), 2-5-91; Ord. No. 24-98-1672, § 1, 11-17-98; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(1)

Legal Status. The City's Comprehensive Plan is the official long-range and comprehensive guide for the orderly growth and development of the City of South Miami, Florida, and is adopted to promote the public health, safety, convenience, prosperity and general welfare of City's citizens, business owners and visitors, by directing and achieving coordinated and compatible development and land use in a manner that will permit the planning for adequate community facilities and protect the ecological balance of the environment. In furtherance of these goals, it is hereby declared to be the City's policy and intent to evaluate and consider all its public actions involving development orders and land development regulations, as well as those actions affecting land use or development, including action on applications for zoning relief, to ensure that the actions are in conformity and consistent with the Comprehensive Plan. Pursuant hereto, all City actions, including, but not limited to, those for capital improvements, transportation, housing, health, parks, recreation, culture, and libraries will be coordinated with the Comprehensive Plan. In recognition that developmental actions and orders have been and will continue to be a major tool for the implementation of land use and development policies, it is henceforth required that applications for developmental actions or orders must further the attainment of the intent of the Comprehensive Plan (Plan), which embodies the essence of the community's development policy. It is the responsibility of the Department of Planning and Zoning to formulate recommendations for the resolution of any conflicts in the interpretation or application of the Comprehensive Plan in a manner that will best serve the spirit and intent of the Comprehensive Plan and it must include specific findings supporting the recommendation. Any decision of the City Commission relating to such conflict must contain specific findings in support of its decision.

(2)

Definitions. The following definitions apply to Sections 20-5.24 through 20-5.24.3:

Abrogation means the government's abolishment of a validly existing vested right or inordinately burdening, restricting, or limiting private property rights, or as otherwise defined under Florida law.

Developmental Action or Development Order means any action or order granting, denying, or granting with conditions an application for a Development Permit, which includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, special use, conditional use, variance, or any other official action of the City having the effect of permitting the development of land.

Director means the Director of the Planning and Zoning Department.

Consistent with and in conformity with means that all Developmental Actions or Developmental Orders must tend to further the Comprehensive Plan and will not inhibit or obstruct the attainment of the articulated policies contained therein. A development that is approved is consistent and in conformity with the Comprehensive Plan if the land uses, densities and intensities, capacity, size, timing, and all other aspects of the development are compatible with and further the objectives, policies, and land uses and requirements in the Comprehensive Plan.

Taking means the government's acquisition of private tangible and/or intangible property by seizing private property, in whole or in part, and ousting the private owner, by destroying the property or by restricting the owner's rights so much that the governmental action becomes the functional equivalent of a physical seizure, or as otherwise defined under federal or Florida law.

(3)

Legislative Intent.

(a)

No Implication of a Taking or Abrogation. Nothing in the Comprehensive Plan or Land Development Code may be construed or applied to constitute a Taking or Abrogation.

(b)

Finality of a Taking or Abrogation. Notwithstanding any contrary provisions that may be found in the City's Land Development Code (LDC), no Taking or Abrogation by legislative means, such as the enactment of or amendment to the Comprehensive Plan, Land Development Code, or other City regulation, or by any act or omission of the City's administration, such as the granting or denying of an application, is final until the following conditions have been met:

(i)

The person alleging a Taking or Abrogation has delivered competent substantial evidence to the Director of Planning and Zoning Department (Director) that affirmatively demonstrates the existence of the legal requisites of the Taking or Abrogation claim; and

(ii)

The person has first exhausted the administrative remedies provided in Section 20-5.24.1.

(c)

The Comprehensive Plan is intended to set general guidelines and principles concerning its purposes and contents. The Comprehensive Plan is not a substitute for land development regulations.

(d)

The Comprehensive Plan, as adopted by the City, is controlling and will prevail over any error contained in a reprinting of the Comprehensive Plan or any of its parts, provided, however, this does not preclude correction of scrivener's errors contained in the original documents.

(e)

The City recognizes that a particular application may bring into conflict, and necessitate a choice between, different goals, priorities, objectives, and provisions of the Comprehensive Plan. While it is the intent of the City that the land use element be afforded a high priority, other elements must be taken into consideration considering the City's responsibility to provide for the multitude of needs of a diverse community. This is especially true regarding the siting of public facilities.

(f)

The Comprehensive Plan is not intended to preempt the processes whereby applications may be filed for relief from land development regulations. To the contrary, it is the intent of the City that such applications be filed, considered, and finally determined by the City Commission as the legislative body of the City to make changes to the Comprehensive Plan, where a strict application of the Comprehensive Plan would contravene the legislative intent.

(Ord. No. 05-21-2395, § 2, 3-2-21)

(1)

Documentation of Claim.

(a)

Any claim alleging that the Comprehensive Plan, Land Development Code (LDC), or any regulation, act or omission of the City as applied to a particular Development Permit, order, or action, constitutes, or would constitute a Taking or Abrogation as defined in Section 20-5.24 and any person or entity claiming a potential Taking or Abrogation under this Code must affirmatively demonstrate the legal requisites of the claim by exhausting the administrative remedy provided in this section.

(b)

Claims of a Taking or Abrogation are limited solely to extreme circumstances rising to the level of a potential denial of rights under the Constitutions of the United States and the State of Florida or state statutes. The procedures provided herein for demonstrating such a Taking or Abrogation are not intended to be utilized routinely or frivolously, but only in the extreme circumstances described above. The claimant or the attorney for the claimant must exercise due diligence in the filing of any Sworn Statement and notice to invoke an administrative remedy or other claim for a Taking or Abrogation. The signature of the claimant or the attorney for the claimant upon any document in connection with a claim of a Taking or Abrogation will constitute a certification under penalties of perjury that the person signing has read the document and that to the best of the signatory's knowledge it is supported by good and sufficient grounds and that it has not been presented frivolously or for the purpose of delay. The claimant and the attorney for the claimant have a continuing obligation throughout the proceedings to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. If a claim of Taking or Abrogation is: (1) based upon facts that the claimant or the attorney for the claimant knew or should have known were not true; or (2) frivolous or filed for the purposes of delay, the Special Master or Magistrate, or at the City's option, the County Court, will make such a finding and the City may pursue any remedy or the Magistrate or Court may impose any penalty provided by law or ordinance.

(2)

Definitions.

Developmental Permit, for purposes of this section, means a Developmental Order or action that may be issued by an administrative official, or Board with or without a hearing on the application for said Development Permit (Application).

Developmental Resolution, for purposes of this section, means a Developmental Order or Development Action that requires the approval of a City board or City Commission after a hearing on the Application for said Developmental Resolution prior to its issuance.

Sworn Statement, for purpose of this section, means the Sworn Statement described in Section 20-5.24.1(a), a notarized statement, sworn under oath, or a Declaration pursuant to Section 92.525, Fla. Stat., together with all accompanying documents, witness lists, items and things supporting the applicant's claim and an administrative fee established by administrative order of the City Manager or as set forth in the City's Schedule of Fees and Fines.

(3)

Invocation of Administrative Remedy.

(a)

The Sworn Statement alleging a Taking or Abrogation and concerning any Development Permit denied on the grounds of inconsistency with the Comprehensive Plan, or on any grounds that support a Taking or Abrogation, must state in writing that the permit has been denied on such basis. Any applicant seeking to appeal the denial of a Development Permit on the grounds set forth in Section 20-5.24.1(a) must file a notice of invoking administrative remedy with the Director on a form prescribed by the Director within fourteen (14) days of the denial of said Development Permit, with the exception of a claim under the Bert Harris Act (the Act) which must be filed at least one hundred eighty (180) days before the expiration of the Bert Harris Act limitation period for filing claims under the Act and before filing a claim under the Act. The applicant must file a complete Sworn Statement within ninety (90) working days of the filing of the notice of invoking administrative remedy. Failure to file the Sworn Statement within the time specified in this paragraph constitutes an irrevocable waiver of claim.

(b)

Any applicant alleging that the action of the City Commission or Historic Preservation Board (HPB) upon an Application for a Development Permit would constitute a Taking or Abrogation must file a complete Sworn Statement with the Director not later than forty-five (45) days after the first hearing on the Development Resolution. The Sworn Statement must demonstrate that a Taking or Abrogation has occurred. No oral testimony or written reports or documents in support of any argument that the denial of the Developmental Order would constitute a Taking or Abrogation will be considered as evidence at the public hearing unless the complete Sworn Statement has been timely filed pursuant to this paragraph; provided, however, that where an applicant has failed to timely file a Sworn Statement pursuant to this paragraph, the City Commission, HPB, or any other board taking action on a Development Permit may defer the hearing on an Application for a Developmental Resolution to avoid a manifest injustice and to provide adequate time for review of the Sworn Statement by the City Attorney or, in the event of an Application initiated by a party other than the property owner requesting the Development Permit, to provide adequate time for the property owner to invoke the administrative remedy and to adhere to the time schedules provided herein.

(4)

Review by City.

(a)

It is the duty and responsibility of the City Attorney to review all Sworn Statements timely filed with the Planning and Zoning Department pursuant to this section. The City Attorney has the authority to request additional information from the applicant.

(b)

If the City Manager and the City Attorney both believe that a denial of a Developmental Permit would result in a Taking or Abrogation, the City Manager may reverse or modify said denial with the consent of the City Commission. Otherwise, the City Manager must affirm said denial. An appeal by the applicant to the City Commission of the decision of the City Manager must be filed within fourteen (14) days of the decision, except for a claim under the Bert Harris Act (the Act), in which case it must be filed at least one hundred eighty (180) days before the expiration period for filing of claims under the Act and before filing a claim under the Act. All appeals to the City Commission must be in accordance with the procedure set forth in Section 20-6.2 of the Code.

(c)

Notwithstanding any other provision of the Code to the contrary, the City Commission has jurisdiction to review an appeal of a conflict, between the joint decision of the City Manager and the City Attorney (Joint Decision) regarding Development Permits made pursuant to this section and the decision of a City board. The appeal must be filed within fourteen (14) days of the Joint Decision and in accordance with the procedure set forth in Section 20-6.2 of the Code.

(d)

The City Staff must prepare a written recommendation to the appropriate City board regarding Sworn Statements filed in connection with an Application for a Developmental Resolution. The City Commission has exclusive jurisdiction to consider and act upon all Applications for Developmental Resolutions for which the applicant has invoked the administrative remedy set forth in this section unless the decisions are directly reviewable by an appellate court.

(e)

The appropriate City board may elect to first consider the primary Application rather than concurrently conduct a hearing upon a claim of Taking or Abrogation. If the Board's determination is that the primary Application should be denied in whole or in part, such determination is not a final decision and will be subject to a further determination of a claim of Taking or Abrogation. The Board may either directly hear the claim of Taking or Abrogation, may defer consideration of the claim to a subsequent hearing, or may refer the same to the City Manager and City Attorney for further review and recommendation prior to adopting a Development Resolution. If the Board decides that denial of the primary Application would result in a Taking or Abrogation, the Board may recommend appropriate relief which would avoid such result. The City Manager and City Attorney must review and make a recommendation to the City Commission. Upon a determination by the Board that denial of the primary Application would not affect a Taking or Abrogation, the preliminary determination to deny will become appealable to the City Commission.

(5)

Notwithstanding any contrary provision of the Code, a Developmental Resolution adopted by any City board in favor of an applicant may not be deemed to be a final order for any purpose if the City Manager has appealed said Developmental Resolution to the City Commission. Said appeal must be filed within fourteen (14) days of the date of the adoption of the Developmental Resolution, otherwise the Development Resolution will become final.

(6)

Exhaustion of Administrative Remedies. A Developmental Permit, Development Resolution or a City act or omission is not a final order in any court or quasi-judicial proceeding challenging the denial of the Development Permit or the City's act or omission as a Taking or Abrogation unless the remedies set forth in this section have been exhausted.

(Ord. No. 05-21-2395, § 2, 3-2-21; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(1)

No person aggrieved by any zoning resolution, or any order, requirement, decision, or determination of an administrative official or by any decision of any City Board or City Commission may apply to the Court for relief unless such person has first exhausted the remedies provided for herein and taken all available steps provided in Sections 20-5.24 and 20-5.24.1. It is the intention of the City Commission that all steps set forth in Section 20-5.24 and 20-24.1 must be taken before any legislative enactment or any administrative act or omission is final as it applies to the person who is making a Taking or Abrogation Claim.

(2)

All appeals to the City Commission to review a Taking or Abrogation Claim must follow the procedure set forth in Section 20-6.2. In the event that any court determines that a decision of City Commission or any City board constitutes a Taking or Abrogation, such decision of the Commission or board is declared to be non-final and the court is hereby requested to remand the matter to the City Commission, which must reconsider the matter after notice of the City Commission hearing. If a court fails to remand a matter to the City Commission after finding that a Taking or Abrogation has occurred, the City Staff may file an application to remedy such Taking or Abrogation, which application must be heard directly by the City Commission after notice of the public hearing is published at least ten (10) days prior to the hearing. The City Commission may elect to request that any remand or City's application be deferred until a later point in the litigation, including the completion of any judicial appeals. Notwithstanding anything to the contrary contained in the Code, the City Commission has original administrative jurisdiction over any remand or City's application pursuant to this paragraph.

(Ord. No. 05-21-2395, § 2, 3-2-21)

(1)

The City Commission has jurisdiction to hear Taking and Abrogation Claims defined in Section 20-5.24.

(2)

The City Commission, after a public hearing on the Taking or Abrogation claim, must consider the matter in accordance with the criteria specified in in Sections 20-5.24 through 20-5.24.3 and must either grant, deny or grant with conditions the relief being sought. In granting any re-zoning, variances, conditional use, special exceptions or special use, the City Commission may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable to maintain the Comprehensive Plan for the area and compatibility therewith. The action of the City Commission on the claim will be by resolution at a public hearing and it be final provided the subject matter of the resolution, and the time and place of the public hearing, is published at least ten (10) days prior to the hearing (Timely Published). Anything in Section 20-5.24 through 20-5.24.3 to the contrary notwithstanding, when an application for re-zoning, variances, conditional use, special exceptions, or special use, is filed with the Director it will only be decided by the City Commission and become final after the City Commission has received the recommendation of the City Manager and after the notice of public hearing has been Timely Published.

(3)

The following additional procedures apply to hearings before the City Commission:

(a)

Deferrals. The City Commission may defer action on any matter before it to inspect the site in question, to remand to the City Manager or any City Board, or for any other justifiable and reasonable reason. Whenever a deferral is approved at the request of the applicant, the applicant is required to pay a deferral fee in the amount of two hundred fifty dollars ($250.00). If the applicant does not pay the deferral fee prior to the date of the scheduled deferred hearing, the application will be deemed to have voluntarily withdrawn without prejudice, the applicant will be deemed to be in violation of this provision, and enforcement may be effectuated through all available means. Notwithstanding the foregoing, the City Commission has, at the time of approving a deferral, the discretion to waive the provisions of this paragraph upon a showing of good cause for the deferral.

(b)

Record. When any final action has been taken by the City Commission, its record, together with a certified copy of its minutes and resolutions pertaining to such action must be transmitted to the Department for filing, and the same will be open to the public for inspection at reasonable times and hours.

(4)

The Mayor, Vice-Mayor, or acting chair of the City Commission may administer oaths and compel the attendance of witnesses in the same manner prescribed in the circuit court.

(Ord. No. 05-21-2395, § 2, 3-2-21)