(A)

City Commission.

(1)

Establishment, membership and organization of the City Commission shall be in accordance with the City Charter and the Code of Ordinances of the City.

(2)

Powers and Duties.

(a)

The City Commission shall have all such powers and duties as are granted and conferred by state law, the Code of Ordinances of the City and this Code.

(b)

The City Commission shall provide for the health, safety, convenience and general welfare of the citizens of South Miami through the regulations contained in this Code.

(c)

The City Commission shall receive recommendations from the Planning Board and the Design Review Board, and shall be guided by such boards.

(d)

The City Commission shall act in compliance with and furtherance of the City's adopted Comprehensive Plan.

(e)

The City Commission may:

i.

Amend the provisions of the adopted Comprehensive Plan and this Code;

ii.

Change zoning district boundaries;

iii.

Authorize home occupational licenses;

iv.

Grant variances from the provisions of this Code;

v.

Permit the continuation of nonconforming uses;

vi.

Authorize special uses;

vii.

Make final judgment on appeals of Appealable Decisions as that term is defined in Section 20-6.2;

viii.

Review and approve all Initial Site Plans and Major Changes within the Downtown SoMi (DS) district;

ix.

Review and approve all Master Signage Plans within the DS district; and

x.

Review and approve all sign permit applications not substantially conforming with an approved Master Signage Plan within the DS district.

(f)

The City Commission shall have the power and the duty to hear and decide the above matters in accordance with the provisions of this Code.

(3)

Procedures.

(a)

Voting. All ordinances and resolutions that require more than one reading for passage or enactment shall be passed on first reading by a majority vote.

i.

Except for those items listed in ii below, not less than three (3) affirmative votes of the City Commission shall be required to pass or enact an agenda item.

ii.

Four (4) affirmative votes of the City Commission shall be required for final approval of a change to the adopted Comprehensive Plan, a rezoning, a variance, a special use, a special exception, or a planned unit development, and to enact an amendment to land use and development regulations in any manner to make them less restrictive in all areas of the City. An amendment is "less restrictive" if any one of the following occurs:

a.

The amendment increases density, intensity, floor area ratio or building height.

b.

The amendment allows lesser setbacks or building separation requirements.

c.

The amendment allows greater building coverage or impervious coverage than the maximum, or less coverage than the minimum, allowed by existing regulations.

d.

The amendment adds a use to a zoning district that has a higher intensity than any of the existing uses. The intensity of a use shall be determined by projected trip generation rates, as set forth in the Institute of Transportation Engineers, Trip Generation Manual, last amended edition.

iv.

An amendment is not less restrictive if it decreases density, intensity, floor area ratio or building height, if it requires greater setbacks or building separation requirements, if it provides for less building coverage or lot coverage, or if it adds a use to a zoning district that has the same or a lower intensity than any of the existing uses. The intensity of a use shall be determined by projected trip generation rates, as set forth in the Institute of Transportation Engineers, Trip Generation Manual, last amended edition.

(b)

Public Hearings.

i.

The City Commission shall hold public hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, approving special exceptions, granting variances and permitting nonconforming uses. All other items shall not require a public hearing for Commission action.

ii.

Actions upon site plans, variances, administrative appeals, planned unit developments, nonconforming uses, special exceptions and special uses shall be by resolution. All other actions shall be by ordinance.

(c)

The City Commission may defer action on any application or other matter before it, for cause, for a reasonable period of time.

(d)

The City Commission may refer a matter back to the Planning Board for further consideration and recommendation.

(e)

Notwithstanding anything to the contrary contained in the City's Code of Ordinances or this Land Development Code, when any request or application ("application") requiring a public hearing before the Planning Board has been submitted to and voted upon by the City Commission and denied or failed to pass, such application, in the same or similar form, may only be addressed a second time by the City Commission if, within six (6) months from the date the request was last voted upon, either of the following events occur:

(1)

A member of the Commission instructs the Clerk to add the application to the City Commission agenda for reconsideration without the introduction of any new evidence or argument of the proponent or the opposition. In such event, the City Commission may reconsider the request and it may do so without a public hearing.

(2)

A member of the City Commission instructs the Clerk to add a resolution to the City Commission agenda calling for a rehearing of new evidence concerning the application. In such event, the application shall only be reheard if the resolution calling for rehearing is approved by a majority of the City Commission. The resolution approving the rehearing shall set the date and time when the application will be reheard and the rehearing shall be at a duly noticed public hearing. A rehearing under this subsection shall be limited to new evidence and a closing statement by the applicant or the applicant's representative.

If no member of the City Commission timely instructs the Clerk to place the application on the agenda for reconsideration or for rehearing, then a new application shall be filed with the Planning and Zoning Department.

(f)

Financial Interest.

i.

Any member of the City Commission who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner.

ii.

Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the City Commission.

(B)

Planning Board.

(1)

Establishment and Membership.

(a)

There is hereby created a local planning agency to be known as the South Miami Planning Board.

(b)

The Board shall be comprised of seven (7) members who reside in the City.

i.

In accordance with the City Charter, Article II, Section 8.A, each City Commissioner shall appoint one person to serve as a representative on the Board and all other members of the Board shall be appointed by three (3) affirmative votes of the City Commission based on nominations submitted by any City Commissioner.

ii.

Planning Board members shall be appointed for a two-year term.

iii.

Vacancies shall be filled for the remainder of any unexpired terms.

iv.

Any member of the Board shall automatically be removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve (12) month period.

v.

The Director of Planning and Zoning shall keep a record of meetings missed and advise the City Commission and the member being removed that such member has been automatically removed.

(2)

Organization.

(a)

The Board organization, procedures, meeting notice and meeting conduct shall be in accordance with bylaws adopted by the Board.

(b)

The Board shall elect from its membership a chairman and vice-chairman for one year non-successive terms.

i.

The chairman shall normally preside at all meetings of the Board.

ii.

In the absence of the chairman, the vice-chairman shall preside.

(c)

A temporary chairman may be elected at any meeting when both the chairman and vice-chairman are absent.

(d)

Meetings.

i.

The Planning Board shall hold one regular meeting at [a] time set by the Board but no earlier than 6:00 p.m. and no later than 8:00 p.m., on the second Tuesday of each month unless the meeting falls on a legal holiday or an election day, in which event it shall be rescheduled to a date when a quorum of the Board is available to meet either before or after the regularly scheduled meeting. Meetings need not be held if there are no scheduled agenda items. All regular meetings shall be held at City Hall either in person or remotely using Communication Media Technology (CMT).

ii.

Two (2) or more members of the Board may hold a Sunshine meeting in the same manner and under the same procedures as such meetings are scheduled by the City Commission.

(e)

The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting if there are items or applications that require Board action, or due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to the City Commission, Board members, applicants, and posted at City Hall not less than three (3) working days prior to the meeting date.

(3)

Powers and Duties.

(a)

The Board shall have all such powers and duties as are granted and conferred by state law and this Code.

(b)

The Board shall have the authority to investigate and recommend to the City Commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid application submitted to it.

i.

In arriving at its recommendations, the Board shall consider factors including, but not limited to: neighborhood character, suitability of particular uses, conservation of property values, the city's adopted Comprehensive Plan and availability of adequate public facilities and services.

ii.

The Board shall investigate and make recommendations to the City Commission on matters affecting redevelopment, rehabilitation, conservation and renewal progress toward the alleviation of slum and blight areas and such other conditions as may injuriously affect the city.

(c)

The Board shall review and make recommendations on all applications for a change in zoning district boundaries.

(d)

The Board shall periodically review and make recommendations relating to the provisions of this Code, including the district map, and shall offer recommendations to the City Commission as to the sufficiency thereof in implementing the City's adopted Comprehensive Plan.

(e)

The Board shall have the power and the duty to hear and decide matters, specifically prescribed by and in accordance with the terms of this Code.

(f)

The Board shall review and make recommendations relating to the determination and continuance of nonconforming uses.

(4)

Procedures.

(a)

Quorum and voting.

i.

A quorum shall be four (4) members.

ii.

A majority vote of the members present in person or who are attending from a remote location using Communication Media Technology (CMT) shall be required to pass upon any matter on which the Board is required to act under this Code.

iii.

Recommendations on all items before the Board shall be transmitted to the City Commission within forty-five (45) calendar days of the time that the item first appears on a regularly scheduled Board agenda. If the Board has not reached a decision on the item during said forty-five (45) day period, or if the Board has reviewed the application and is deadlocked, then the item shall be transmitted forthwith to the City Commission with a "No Comment" recommendation.

(b)

The Board shall keep a permanent record of all proceedings before it, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record.

(c)

Meetings of the Board shall be public and notification of such meetings shall be in accordance with city ordinances and state law.

(d)

All Board actions shall be by motion.

(e)

All matters brought before the Board shall be accompanied by a staff report which shall include basic facts.

(f)

Financial interest.

i.

Any member of the board who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner.

ii.

Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the city commission.

(g)

The Chair of the meeting may make motions and vote on all motions made by any member of the Board.

(C)

Design Review Board (DRB).

(1)

Membership.

(a)

The DRB shall be comprised of seven (7) members who reside or work in the City, except as provided in paragraphs (ii) and (iii) below:

i.

In accordance with the procedure set forth in City Charter, Article II, Section 8.A, each City Commissioner shall appoint one person to serve as a representative on the Board and all members of the Board in excess of five (5) shall be appointed by three (3) affirmative votes of the City Commission based on nominations submitted by any City Commissioner, with at least five (5) of the seven (7) members appointed from the following list of professionals:

1.

Florida-licensed general contractor or a construction management professional with at least three (3) years of professional experience as a construction project manager, construction superintendent or construction estimator.

2.

Florida licensed PE or a civil, mechanical, electrical, chemical or environmental engineer with a baccalaureate degree in engineering and three (3) years of professional experience.

3.

Certified planner (AICP) or a planning professional with a graduate degree in planning from a program accredited by the Planning Accreditation Board with at least three (3) years of professional planning experience or a bachelor's degree in planning from a program, accredited by the Planning Accreditation Board (PAB) with at least three (3) years of professional planning experience.

4.

Florida-licensed landscape architect with at least three (3) years of professional experience.

5.

Registered interior designer with at least three (3) years of professional experience.

6.

Florida-licensed attorney with at least three (3) years of professional experience.

7.

Florida-licensed architect.

8.

Education and/or experience in sustainability and resiliency, which may include environmental science.

9.

Real estate developer with at least three (3) years of professional experience, either as the principal or executive.

10.

Active Florida-licensed real estate broker or realtor with at least three (3) years of professional experience.

ii.

Additionally, an appointee from Fairchild Botanical Garden may serve as an ex-oficio non-voting member of the Board provided the appointment is confirmed by the City Commission. The residency requirement shall not apply to such member.

iii.

If it is determined by the City Commission that a position cannot be filled by a qualified individual who resides or works in the City, the residency requirement may be waived by the Commission and the position may be filled by a qualified individual who does not reside or work in the City.

iv.

Members of the Board may not work for the City or be employed by any company that has contracts with the City.

v.

Members shall serve for a term of two (2) years or until a successor is appointed and may be reappointed at the end of their term.

(b)

Any member of the Board shall be automatically removed for missing three (3) regular meetings in a row, or six (6) meetings in a twelve-month period.

i.

The Planning and Zoning Director shall keep a record of meetings missed.

ii.

The Planning and Zoning Director shall advise the City Commission and the member being removed that such member has been automatically removed.

(2)

Organization.

(a)

>Meetings.

i.

The Board shall hold one regular meeting each month, on the third Tuesday of each month unless it is a holiday or election day, in which event it shall be rescheduled to a date when a quorum of the Board is available to meet as soon thereafter as possible.

ii.

Meetings shall not be held if no plans, specifications or items are submitted for review.

iii.

Agendas of all meetings shall be posted at City Hall not less than three (3) working days prior to any meetings.

iv.

The City Manager or designee may call a special meeting.

v.

Two (2) or more members of the Board may hold a Sunshine meeting in the same manner and under the same procedures as such meetings are scheduled by the City Commission.

(b)

Reserved.

(c)

The board shall elect from its membership a chair and vice-chair for a one-year non-successive term, respectively.

i.

The chair shall normally preside at all meetings of the Board.

ii.

In the absence or recusal of the chair, the vice-chair shall preside.

(d)

A temporary chair may be elected at any meeting when both the chair and vicechair are absent or recused.

(3)

Powers and Duties. The Board shall have all such powers and duties as are granted by this Code, including specifically the review, comment, recommendation and determination powers set forth in Section 20-5.2, Section 20-5.5, and Section 20-5.11.

(4)

Procedures.

(a)

Quorum and voting.

i.

A quorum shall be four (4) members.

ii.

An affirmative vote of a majority of the members present in person or who are attending from a remote location using Communication Media Technology (CMT) shall be required to pass upon any matter on which the Board is required to act under this Code.

(b)

The Board shall keep a permanent record of all proceedings before it.

(c)

Meetings of the Board shall be public and notification of such meetings shall be given in accordance with Code provisions. If any scheduled meeting is not held (whether for lack of quorum or otherwise), then all applications scheduled for such meeting shall be heard and decided by the Planning and Zoning Director of the Building, Zoning, and Community Development Department (or the Director's designee) no later than the end of the next business day after the scheduled meeting was to have been held. The Director's decision, if for approval, shall constitute DRB approval. The seven-day appeal period begins the day after the Director's decision.

(d)

All approved plans and specifications shall bear the official signature of the chair presiding at the meeting at which such plans and specifications are approved.

(e)

If a set of plans is denied, or modification is recommended, the Board shall, to the greatest extent possible, make specific findings as to the reasons for denial and modification, and recommend appropriate changes, if possible.

(f)

Financial interest.

i.

Any member of the Board who has a special financial interest, direct or indirect, in any matter before the Board shall make that interest known and shall abstain from participation therein in any manner.

ii.

Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the City Commission.

(g)

The person in charge of the meeting may make motions and vote on all motions made by any member of the Board.

(D)

Historic Preservation Board.

(1)

Establishment and Membership.

(a)

A Historic Preservation Board is hereby created which shall consist of nine (9) members who reside or work in the City.

i.

Each City Commissioner shall appoint one person to serve as a representative on the Board, and all remaining members of such Board or committee in excess of five (5) shall be appointed by three (3) affirmative votes of the City Commission based on nominations submitted by any City Commissioner. Reappointments and/or replacements are to be made in the identical manner as the original appointments.

Reappointments and/or replacements are to be made in the identical manner as the original appointments if the entire Board is to be replaced, otherwise, any commission member may nominate a member for a vacancy by way of a proposed resolution.

ii.

All members shall be familiar with the purposes of preserving and protecting districts, structures or sites having historic or archeological worth.

iii.

Board membership shall include not less than one registered architect licensed to practice in the State of Florida. If it is determined by the city commission that the positions of architect cannot be filled by a qualified individual who resides or works in the city, the residency requirement may be waived by the commission and the position of architect may be filled by a qualified individual who does not reside or work in the city. If an architect cannot be appointed, then an architectural historian shall be appointed. The Board shall include one member who is a licensed Florida attorney ("attorney/member"). If it is determined by the City Commission that the position of attorney cannot be filled by a qualified individual who resides or works in the city, the residency requirement may be waived by the commission and the position of attorney may be filled by a qualified individual who does not reside or work in the city. If the City cannot locate a qualified attorney who is willing to sit on the Board, then the City Commission may fill the attorney/member seat by appointing a real estate professional. Other board members shall consist of historians, art historians, engineers, archaeologists, owners of historically designated sites or properties within historic districts, or other individuals from the business, financial, or other segments of the community who, by virtue of their professions, community involvement, or businesses, demonstrate knowledge of or concern for historic preservation.

iv.

Members shall serve for a term of two (2) years.

(b)

Any member of the Board shall be automatically removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve-month period.

i.

The Planning and Zoning Director shall keep a record of meetings missed.

ii.

The Planning and Zoning Director shall advise the City Commission and the member being removed that such member has been automatically removed.

(2)

Organization.

(a)

Meetings.

i.

The Board shall hold one regular meeting each month on the last Monday of each month, except in June. In the event a regular meeting falls on a legal holiday, or an election day, it shall be rescheduled to a date when a quorum of the board is available to meet as soon thereafter as possible.

ii.

Meetings shall not be held if no designation reports, plans, specifications or scheduled matters are to be submitted and/or initiated by the Board for review.

iii.

Agendas of all meetings shall be posted at City Hall not less than three (3) working days prior to any regularly scheduled meetings, excluding workshops.

iv.

The Planning and Zoning Department Director may call a special meeting if, in the Director's sole discretion, the Director determines that such a meeting is necessary.

v.

Two (2) or more members of the Board may hold a Sunshine meeting in the same manner and under the same procedures as such meetings are scheduled by the City Commission.

(b)

The Board shall elect from its membership a chair and vice-chair for a one-year non-successive term, respectively.

i.

The chair shall normally preside at all meetings of the Board.

ii.

In the absence of the chair, the vice-chair shall preside.

(c)

A temporary chair may be elected at any meeting when both the chair and the vice-chair are absent or recused.

(3)

Powers and Duties.

(a)

The Board shall have all such powers and duties granted by state law, Miami-Dade County Code and this Code.

(b)

The Board shall review and recommend approval, disapproval or modification of all applications for final approval by the City Commission of historic district and historic site designations, and site plans and specifications, and Certificates of Appropriateness, as required under this Code.

(c)

The Planning and Zoning Department shall maintain and update files from the Miami-Dade County Historic Survey within the city for the purpose of determining and promoting those districts and sites of special historic or archeological value or interest.

(d)

The Board shall make recommendations to the City Commission on the designation of historic districts and sites, and archeological sites, pursuant to this Code.

(e)

The Board shall endeavor to improve and expand the Miami-Dade County Historic Survey with additional sites, information, oral histories and any other material as may be available, and periodically, to reevaluate the survey to determine whether changing times and values warrant recognition of new or different, historic and/or archeological districts and sites.

(f)

The Board shall, in reference to specific historic districts or sites, or archaeological sites, recommend to the City Commission the use of preservation incentives, including tax incentives and advantages.

(g)

The Board shall make recommendations to the City Commission concerning application for and the utilization of grants from federal and state agencies, or from private groups and individuals, and utilization of city funds to promote the preservation of historically significant districts and sites and archaeologically significant sites.

(h)

The Board shall recommend contact of public and private organizations and individuals, engage in historic and archeological preservation education, and undertake all reasonable and proper means to promote preservation of historically and archaeologically significant properties which are proposed for, or under threat of, demolition, destruction or significant degradation.

(i)

The Board shall evaluate and comment upon decisions by request of other public agencies affecting the physical development and appearance of historically significant districts and sites and archaeologically significant sites, or upon the request of the City Commission.

(j)

The Board shall recommend approval of historic and archeological markers for properties within the City.

(k)

The Board shall advise the City Commission on matters related to the use, administration and maintenance of City-owned historically significant properties.

(l)

The Board shall promote and encourage communication and exchange of ideas and information between the Board and owners of historically and archaeologically significant properties, potential developers, public officials, financial institutions, and other interested persons.

(m)

The Board shall have the responsibility to advise the City administration and City Commission on various matters, in accordance with the terms of this Code.

(n)

The Board shall conduct any other function which may be designated or assigned by act of the City Commission.

(4)

Procedures.

(a)

Quorum and voting.

i.

A quorum shall be three (3) members.

ii.

An affirmative vote of a majority of the members present in person or who are attending from a remote location using Communication Media Technology (CMT) shall be required to pass upon any matter on which the Board is required to act under this Code.

iii.

In instances when the Board considers a designation report, a quorum shall consist of three (3) members, at least one of whom shall be an architect.

(b)

The Planning and Zoning Department shall keep a permanent record of all proceedings before it.

(c)

Meetings of the Board shall be public and notification of such meetings shall be given in accordance with Code provisions. If any scheduled meeting is not held, then all applications scheduled for such meeting, except designation reports, shall be heard and decided by the Director of the Planning and Zoning Department (or the director's designee) no later than the end of the next business day after the scheduled meeting was to have been held. The director's decision, if for approval, shall constitute Historic Preservation Board approval.

(d)

All approved designation reports shall bear the official signature of the chair presiding at the meeting at which such reports are approved.

(e)

Reserved.

(f)

Financial interest.

i.

Any member of the Board who has a special financial interest, direct or indirect, in any matter before the Board shall make that interest blown and shall abstain from participation therein in any manner.

ii.

Willful failure to disclose such financial interest shall constitute malfeasance in office and shall render the action voidable by the City Commission.

(g)

The City's staff, the Director of the Miami-Dade County Office of Historic Preservation, and private parties may make recommendations to the Board for the initiation of designations of historic districts and individual historic sites, whether residential, commercial, industrial or other types of sites. The recommendation shall be addressed to the Board and delivered to the City Clerk by United States mail, facsimile transmission, or e-mail. The Board, in its discretion, may make its own recommendation to the City Commission for the adoption, amendment to or rejection of such suggestions which shall be treated as an application. See Chapter 16-A: Sec. 16-3.1(4)(a)(2). In such event, the Board shall notify the Planning Director who shall provide due notice to affected parties.

(h)

The Chair of the meeting may make motions and vote on all motions made by any member of the Board.

(Ord. No. 11-90-1451, 8-21-90; Ord. No. 20-93-1546, §§ 1, 2, 11-16-93; Ord. No. 18-95-1591, § 1, 10-5-95; Ord. No. 6-96-1606, § 2, 5-7-96; Ord. No. 9-96-1609, § 1, 5-21-96; Ord. No. 12-96-1612, §§ 1, 6, 7-30-96; Ord. No. 19-96-1619, § 5, 10-1-96; Ord. No. 17-97-1638, § 1, 6-3-97; Ord. No. 12-00-1714, § 5, 4-18-00; Ord. No. 8-03-1792, § 1, 5-20-03; Ord. No. 10-03-1794, § 2, 5-20-03; Ord. No. 04-04-1811, § 1, 5-4-04; Ord. No. 06-04-1813, § 1, 6-8-04; Ord. No. 20-05-1842, § 1, 6-14-05; Ord. No. 22-07-1923, § 1, 8-21-07; Ord. No. 20-08-1955, § 2, 6-3-08; Ord. No. 33-09-2025, § 1, 12-8-09; Ord. No. 24-10-2049, § 1, 9-7-10; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 42-11-2115, § 1, 12-6-11; Ord. No. 06-12-2122, § 1, 5-15-12; Ord. No. 12-12-2128, § 1, 8-21-12; Ord. No. 3-13-2150, § 1, 1-8-13; Ord. No. 9-13-2156, § 1, 3-19-13; Ord. No. 03-14-2181, § 1, 3-18-14; Ord. No. 27-14-2205, § 1, 11-6-14; Ord. No. 24-16-2257, § 1, 9-20-16; Ord. No. 30-16-2263, § 1, 11-15-16; Ord. No. 32-16-2265, § 1, 11-15-16; Ord. No. 34-16-2267, § 1, 11-15-16; Ord. No. 17-17-2287, § 2, 9-28-17; Ord. No. 18-18-2307, § 1, 10-16-18; Ord. No. 15-19-2328, § 11, 4-23-19; Ord. No. 20-20-2374, § 2, 7-7-20; Ord. No. 34-20-2388, § 2, 11-17-20; Ord. No. 05-22-2426, § 2, 3-1-22; Ord. No. 10-22-2431, § 3, 4-19-22; Ord. No. 12-23-2463, § 2, 8-15-23; Ord. No. 30-23-2481, § 2, 12-5-23; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

[Appealable Decisions:] All decisions of any Board having authority to make a final decision on an application ("Appealable Decisions") must be in writing, delivered to the applicant and they are subject to review by appeal to the City Commission. Where DRB has the authority to make a final decision, such decision shall be provided in writing to the applicant or any substantially affected party, and the decision may be appealed by filing a written notice of appeal within thirty (30) days of the decision and payment of applicable fees for a public hearing application. The City Commission shall review the application de novo.

(1)

Notice of Appeal and Standing: An appeal of an Appealable Decision, or the deferral of action or failure to provide a final decision by any Board subsequent to the matter being scheduled for Board action ("Failure to Act") may be taken to the City Commission by a person with standing to appeal if a request for appellate review ("Notice of Appeal") is delivered to ("served on") the City Clerk within thirty (30) days of receipt by the applicant of the Appealable Decision, or Failure to Act. All documents are deemed filed upon delivery of the document to the City Clerk. The appeal shall be filed with the City Clerk upon a form prescribed therefor by the City Clerk. Appeals may be filed by the person applying for action by the Board or, in the case of an Appealable Decision involving the use of land, any person affected by such Appealable Decision ("Affected Person") who has standing to appeal. The only persons who have standing to appeal, or to take part in an appeal of an Appealable Decision or Failure to Act are those who have applied for the Board action to be reviewed, the City Manager and an Affected Person who lives, or who owns property or a business located, within five hundred (500) feet of the property that is the subject of the appeal. The person filing the Notice of Appeal shall be designated as the appellant and if the appeal is filed by an Affected Person who has standing to appeal, the person applying for the Board action and the City Manager shall have standing to oppose the appeal and shall be designated as the appellee. The City Manager shall have standing to appeal any Appealable Decision or Failure to Act.

(2)

Record on Appeal: The evidence on appeal shall be limited to the documents that consists of the written decision, if any, of the Board or City official enforcing the land development regulations, a transcript of the proceedings, if it has been transcribed, the documents that were presented to the Board or City official enforcing the land development regulations, and any documents taken into consideration by that Board or City official enforcing the land development regulations ("record on appeal"). The City Clerk shall prepare the record on appeal. The City Commission may request a partial or full transcript of the Board proceedings if there is an audio recording or court reporter's shorthand notes of those proceedings. If the City Commission requests a transcript and the transcript is not already available, the Appellant shall have the transcript made and filed with the Clerk and it will be a prerequisite to a final decision regarding the appeal unless the City Commission subsequently withdraws this requirement.

(3)

Briefs: The appellant shall prepare a written statement of the issues and an argument ("brief") which shall be filed with the City Clerk and delivered to all parties to the appeal by hand, facsimile transmission, e-mail or other acceptable electronic transmission, at least twenty-six (26) days before the hearing on the appeal. The opposing party ("appellee") appellee, which may include the City, may also prepare a brief, if desired, which shall be filed with the City Clerk and served on the appellant at least six (6) days before the scheduled appellate hearing. The appeal shall be limited to the issues raised in the briefs and facts contained in the record on appeal.

(B)

Stay of Proceedings, Certification. An appeal stays all proceedings in furtherance of the action appealed from, unless the City Commission finds that there is competent substantial evidence to support the finding of facts and conclusions in the certificate of the officer, department director, City employee or board (hereinafter collectively referred to as "Officer") from whom the appeal is taken, that a stay would, in the Officer'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 the Code.

(C)

Restraining Orders. If certification occurs in accordance with subsection (B) above, proceedings may not be stayed except by a restraining order, which may be granted by the City Commission or by a court of competent jurisdiction on application, on notice to the Officer from whom the appeal is taken and on due cause shown.

(D)

Appeal Hearing. The City Commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing the Notice of Appeal, and shall provide due notice of the appellate decision to the parties provided the appellant has timely filed a transcript of the proceedings, if available and if required by the City Commission. If the City Commission requests a transcript of the proceedings that were recorded or for which there are short-hand notes of the underlying proceeding, the City Commission may defer the hearing and provide a time limit for the preparation of the transcript. In such event, the appeal will be dismissed if the transcript is not filed within the time required by the City Commission.

(E)

Commission Action. 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.

(F)

Modification Allowed. When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a Code provision, the City Commission may, in passing upon appeals, vary or modify any regulation or provision of the Code relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of the Code is observed, public safety and welfare secured, and substantial justice done.

(G)

Prior Denials. The City Commission shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application.

(Ord. No. 27-92-1522, 11-3-92; Ord. No. 10-93-1538, 7-20-93; Ord. No. 4-94-1553, § 1, 3-1-94; Ord. No. 12-09-2004, § 1, 7-21-09; Ord. No. 15-12-2131, § 1, 9-4-12; Ord. No. 19-19-2332, § 1, 5-7-19; Ord. No. 30-23-2481, § 2, 12-5-23; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

Any of the following shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Code and state law:

(A)

To engage in any development, use, construction, remodeling or other activity upon the land and improvements thereon subject to the jurisdiction of this Code without all required permits, certificates or other forms of authorization as may be set forth in this Code.

(B)

To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with any permit, certificate, or other form of authorization granted for such activity.

(C)

To violate, by act or omission, any term, condition or qualification placed by the governing body upon any required permit, certificate or other form of authorization for the use, development or other activity upon land or improvements thereon.

(D)

To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this Code, or amendment thereto, or any other regulation made under the authority conferred thereby.

(E)

To continue any of the above stated violations.

(A)

Any violation or attempted violation of this Code or of any requirement adopted pursuant hereto shall be dealt with by appropriate action which ends such violation.

(B)

Any party, aggrieved or adversely affected person, as defined herein, or the state land planning agency may file an action for injunctive relief in the circuit court for the city to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of Chapter 163, Florida Statutes.

(C)

This Code may be enforced by any one or more of the remedies authorized by this Code.

(D)

Each day's continuing violation is a separate offense.

(E)

The city may seek enforcement as provided by state law and this Code.

(1)

The city may withhold or deny any permit, certificate or other form of authorization on any land, structure or improvement in which there is an uncorrected violation of this Code or of a condition or qualification of a permit or certificate or other authorization previously granted.

(2)

The city shall have such other remedies as are and as may be provided for or allowed by state law.

(F)

Nothing herein shall be deemed to abolish or impair existing remedies of the city or its officers, relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary; but this Code shall be deemed and treated as an addition thereto, and cumulative of the powers therein.

(G)

All such remedies provided herein shall be cumulative and to the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation, such remedy shall remain available for other violations or other parts of the same violation.

(A)

In addition to other enforcement provisions contained in this Code, the city may exercise any and all enforcement powers granted to it by state law.

(B)

Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken pursuant to valid resolution and law.

(C)

Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(A)

No presently illegal use shall be deemed to have been legalized unless such use falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.

(B)

No offense committed and no liability, penalty or forfeiture, either civil or criminal, incurred prior to Code repeal shall be affected by such repeal.

(C)

Prosecution and suit for offenses, liabilities, penalties and forfeitures may be instituted or causes presently pending may proceed in all respects as if Code repeal has not occurred.

No officer, agent or employee of the city shall render him or herself personally liable for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this Code. Any suit brought against any officer, agent or employee of this city, as a result of any act required or permitted in the discharge of his or her duties under this Code, shall be defended by the city attorney until the final determination of the proceedings therein.

The city attorney, upon complaint of the director of building and zoning, or upon his or her own motion, shall institute appropriate action to restrain, prevent, enjoin, abate or correct any and all violations under this Code, and to take such other legal action as may be necessary to carry out the terms and provisions of this Code. Remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law. All remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.

(A)

Any person who shall knowingly and wilfully violate or assist in the violation of this Code shall upon conviction be punished as provided in the City Code of Ordinances.

(B)

Each day's violation of any of the terms of this Code shall be deemed and considered and is hereby specifically declared to be a separate and distinct violation of the terms of this Code and punishable as such.