A.

Who may file. An application for approval of a development permit may be filed only by the fee simple owner of the land affected by the development permit or a contract purchaser or lessee, if applicable, of said land authorized by the fee simple owner to file such an application. Fourteen days prior to hearing, all contracts for purchase or leases must be presented or the application and any action taken thereon shall be considered null and void. Evidence of ownership of title must be presented to, and deemed legally sufficient by, the City. In the case of an amendment to the Comprehensive Plan or Official Zoning Map, an application may be filed by the property fee simple owner or the City of Sunny Isles Beach.

B.

Application requirements. Every application for a development permit shall be in a form specified by the City and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. (Professional fees shall be charged to the applicant in accordance with Ch. 267, Zoning Fees, Art. II, Zoning Application Professional Fees, as may be amended from time to time, after the hearing on the application and must be collected prior to permitting as more specifically described in Subsection M hereinbelow.) The application shall also be accompanied by the required notice. The applicant shall submit 10 copies of the application, accompanied by plans, data, or documents specified by the application form. The applicant, at its sole expense, shall timely supply such other additional copies as may be required by the City.

C.

Preapplication conference. The Development Services Director and Planning consultants, their successors or assigns (hereinafter referred to as "Director") shall schedule and hold preapplication conferences for the purpose of reviewing the proposed development, prior to the formal submission of an application for development approval. Formal application or filing of a complete application and plans with the Director is not required for the preapplication conference. Failure of staff to identify any requirements at a preapplication conference shall not constitute waiver of the requirement by staff or the decision making body.

D.

Filing of applications.

(1)

The Director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the Development Services Department shall be reviewed in the presence of the Director and City Attorney, at minimum, to determine whether the application is complete. No time schedule set forth in this Chapter may be waived in order to ensure the integrity and correctness of this process.

(2)

If an application is incomplete, the Director shall notify the applicant in writing of the deficiencies within five working days of receipt of the application. Upon determination that the application is complete, the Director shall distribute said application to the City Manager, the City Attorney, Planning Consultants, Building Official, landscape architect, traffic engineers, and other appropriate county and state agencies including, but not limited to, Fire, DERM, WASA, Army Corps, FDOT and other appropriate review agencies.

(3)

Review agencies within the control of the City shall provide their initial report to Director within 14 working days. The Director shall submit the review agency's initial report to the applicant.

(4)

The applicant has 90 days to correct or amend application after receipt of review agency comments, or decline to so respond. Should development plans be substantially amended, or should the application require further review and analysis by staff as a result of such correction or amendment, staff shall have an additional 21 days to review changes. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review.

(5)

Upon a determination by the Director that the applicant has addressed all review agency comments or indicated s/he is declining to respond, the Director shall submit full recommendations to the City Manager and City Attorney prior to its issuance to the applicant and the public.

(6)

Once the City Manager and City Attorney review said recommendation, they shall advise the Director that a public hearing shall be scheduled for the next available zoning agenda meeting, but in any case, not less than 30 days after submittal of recommendation to the applicant.

E.

Public hearing and notices procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. § 163.3184(11) for a change to the City's adopted Future Land Use Map, F.S. § 166.041 for adoption of ordinances and resolutions, and the City's quasi-judicial legislation as may be amended. Written recommendations of the City Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection. Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in accordance with the provisions of F.S. Ch. 50, not less than ten days prior to the public hearing. A notice containing substantially the same information set forth in the published notice shall be mailed to the property owners of record located within a radius of 300 feet of the property described in the application not less than ten days prior to the public hearing. The property shall be posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the application, including but not limited to the applied for zoning action and the time and place of the public hearing. All costs of advertising, mailing and posting shall be borne by the applicant. Modifications made to the application and site plan (regardless of cause or reason for those changes) subsequent to the issuance of the recommendation from the Director shall cause the matter to be deferred until such time that the changes have been reviewed in accordance with the procedures set forth herein and in any case, not less than 30 days after such modifications have been submitted to the City.

F.

Rescheduled meeting dates and withdrawal. Public hearings for applications may be deferred or continued, by and at the discretion of the City Commission, to a meeting date certain. If a zoning applicant requests a deferral or continuance in excess of 30 days, the zoning applicant at its own expense shall be required to re-notice their zoning application to all property owners of record located within a radius of 300 feet of the property described in the application not less than ten days prior to the re-noticed public hearing, pursuant to Section 265-11.E of the City Code. If a deferral is either not elected or not granted, the City Commission, within its discretion, may grant a withdrawal of the zoning application with or without prejudice. If a zoning applicant is provided with an opportunity to withdraw its application without prejudice, the application which is subject to said withdrawal may be refiled at any time. If, however, a zoning applicant is allowed to withdraw its application with prejudice, that application shall not be resubmitted for reconsideration to the City Commission for a period of one year after the date the withdrawal with prejudice is granted by the City Commission. In the event an application in whole or in part has been twice or more denied or withdrawn, a period of two years must run prior to the filing of any subsequent application. In any case, the applicant shall bear the costs associated with either the withdrawal or refiling.

G.

Resubmission of applications after denial. An application for development approval may not be resubmitted for reconsideration to the City Commission for a period of one year after the date on which an application for substantially the same development approval has been denied by City Commission.

H.

Reliance on information presented by applicant. The City and its departments, boards and agencies shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant or his agent, in review of an application for development approval issued.

I.

Application annulment. If an applicant fails to act upon a submitted application within a 90-day period after receiving written comments from the Development Services Director, the application will be deemed null and void.

J.

Restriction upon variance and other development applications.

(1)

Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, conditional use, temporary use, new use or site plan approval (the "approval") related to such construction work or to such use may be considered by the City Commission unless the violation which resulted from the conduct of such construction work or the establishment or conduct of such use is halted so as to remedy the violation of the City's LDRs. Cessation of activity is required prior to the application being submitted for review.

(2)

Under those circumstances in which a permit or development order was issued for the conduct of construction work or the establishment or conduct of a use, but which nevertheless gives rise to the necessity for an approval application because of noncompliance with permit or development order conditions or otherwise, no application shall be accepted for review until the violative activity has ceased.

K.

Quasi-judicial proceedings. The following applications are quasi-judicial and shall comply with the City's quasi-judicial legislation:

(1)

Site specific rezoning.

(2)

Conditional use applications.

(3)

Variances.

(4)

Development of regional impact.

(5)

Plats.

(6)

Site plans, except site plans for government facilities exempted pursuant to § 265-18.C(7).

(7)

Any other development approval deemed to be quasi-judicial by the City Attorney.

L.

Time limit. Within two years after the Commission takes affirmative action approving an application for a variance, conditional use, other quasi-judicial zoning approval (other than a rezoning) or site plan approval (the "approval"), the approval must be utilized in accordance with its terms. In the event that the approval is not timely utilized, the approval by the Commission shall automatically expire and shall be considered void and of no effect. When taking affirmative action to approve an application, the Commission may extend the time limitations set forth above, by specifically authorizing a longer period of time for utilization of the approval. Additionally, the Commission may grant a time extension for utilization of the approval upon a showing of good cause in an application for extension of time filed prior to the expiration of the initial time period. An approval shall be deemed to be utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon and the development to which such approval is an integral part is progressively and continuously carried to conclusion.

M.

Fees and bonuses. Upon final approval of the application, and after the Building Department has reviewed and approved the plan, no building permit shall be issued, or if issued, shall be deemed valid, unless and until all professional fees charged in accordance with Ch. 267, Zoning Fees, Art. II, Zoning Application Professional Fees, as may be amended from time to time, and all bonus amounts in accordance with these Land Development Regulations have been paid and collected in full.

N.

General development provisions.

(1)

Time periods/expiration—Completed application. A completed application (as determined by the Development Services Director) for a development order submitted after the effective date of these LDRs shall be valid for a period of six months. The application shall expire on the six-month anniversary of the submission date of the application in the event a development order based upon said application has not been obtained by said date. The application shall expire earlier in the event of the final denial of the application prior to the expiration of the six-month period.

(2)

Time periods/expiration—Development order. Each and every development order issued by the City pursuant to these LDRs shall be valid for a period of 24 months from the date of issuance of the development order and a building permit must be obtained during said 24-month period (and construction begun and continue thereunder) except in the event a different time period to obtain a building permit is expressly authorized by the City Commission and set forth in the development order. The foregoing sentence shall apply to development orders for all developments, inclusive of multiphase projects. A development order shall expire earlier in the event any condition or requirement of the development order containing a specific time period for performance is not timely satisfied as provided therein. In the event a building permit is not timely obtained or thereafter expires (or due to noncompliance with express conditions) and a development order expires, as provided above, it shall be deemed null and void and a new development order shall be required prior to development consistent with the LDRs then in effect. This subsection shall not apply to land use plan amendments or rezoning.

(3)

Extensions of time. If a developer desires additional time (beyond the 24-month or other specified period), the developer may request an extension from the City Commission by completing an application for extension prior to the expiration of the 24-month period or other specified period. The City Commission shall consider any such request on a case-by-case basis and may grant an extension for a period of time deemed reasonable by the City Commission if the developer clearly established good cause for the extension and that the need for the extension is based substantially on events or occurrences beyond the control of the developer; provided, however, that, while the inability to obtain financing, volatility in the economy and/or changes in the market conditions affecting a project, as examples, may not constitute circumstances beyond the control of the developer, two or more of these factors combined and/or in combination with other relevant factors may be sufficient, as determined by the City Commission, to establish the need for the extension. Notwithstanding any provision in this Code, the City Commission has the authority to create administratively a voluntary program to provide additional time for development approvals based solely on the economy and market conditions. The voluntary program shall be administered by the City Manager or his/her designee. The City Manager has the authority to establish guidelines to administer the voluntary program.

(4)

Building permit validity and expiration. Upon issuance of a building permit to effectuate development approved by a development order, the rules and regulations of the Florida Building Code, as amended by Miami-Dade County or City of Sunny Isles Beach, if applicable, shall determine the period of validity of the permit, subject to the City's completion date requirements as set forth in these LDRs. However, in the event a building permit expires and becomes null and void, the development order for which the permit was issued shall contemporaneously expire and become null and void. This subsection shall not apply to land use plan amendments or rezoning.

(5)

Completion date. All development authorized by a development order pursuant to these LDRs shall be complete and shall have satisfied all requirements for issuance of a certificate of occupancy or certificate of completion, as applicable, within 24 months from the date of issuance of the building permit authorizing development as approved in the development order, except in the event a different time period to obtain a certificate of occupancy or certificate of completion, as applicable, is expressly authorized by the City Commission and set forth in the development order. If additional time (beyond the 24-month period or other specified period), is desired by a developer, the developer may request an extension from the City Commission as more particularly set forth in Subsection N(3), above.

O.

Zoning clearance shall be required for all buildings and structures hereinafter erected, constructed, altered, or repaired within any zoning district established by the Land Development Regulations, and for the use of vacant land or for a change in the character of the use of land within any district established by the Land Development Regulations. No building permit shall be issued until a zoning clearance memorandum has been issued by the Development Services Director or designee.

P.

Charter schools/private educational facilities. Notwithstanding any other provision in the City Code, charter schools or private educational facilities with a student population of 40 or more students shall be required to submit a site plan for a public hearing in accordance with the provisions of § 265-11 of this article. For the purpose of this subsection, "charter school" shall mean an educational institution which is authorized and maintained in accordance with the provisions of Chapter 1002, Florida Statutes, as same may be amended from time to time. For the purpose of this subsection, "private educational facility" is an educational facility which is not considered a public school or a charter school or a day-care facility under state law. Development approval may be issued administratively for charter schools or private educational facilities with a student population of 39 students or less, except where the City Manager or designee has decided that the review of the City Commission is required.

(Amended 9-18-2003 by Ord. No. 2003-178; 11-18-2004 by Ord. No. 2004-217; 1-13-2005 by Ord. No. 2005-219; 10-18-2007 by Ord. No. 2007-288; 3-20-2008 by Ord. No. 2008-299; 1-21-2010 by Ord. No. 2010-342; Ord. No. 396, § 2, 12-20-2012; Ord. No. 2021-562, § 34, 3-18-2021; Ord. No. 2024-620, § 2, 9-19-2024)

A.

Purpose. Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the Comprehensive Plan. These uses are permitted as of right, subject to the required permits and procedures described in this section. Permitted uses require final site plan review and approval for compliance with the standards applicable to a particular permitted use as provided in these LDRs.

B.

Permits required. Except as explicitly provided herein, no use designated as a permitted use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits.

A.

Purpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole, require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed, as well as the imposition of individualized conditions in order to ensure that the use is compatible with the surrounding neighborhoods and appropriate at a particular location.

B.

Applications requirements. No use designated, as a conditional use shall be established until after such use has received approval under the provisions of this section and has received all other permits required by these LDRs. An application for conditional use approval shall be filed with the Development Services Director on forms provided and run concurrent with site plan approval. The application shall include:

(1)

A site plan, meeting the technical requirements for a final site plan.

(2)

An application fee, as may be established from time to time by the City Commission.

(3)

A written and graphic summary of the proposed project.

(4)

Ownership affidavit and owner's sworn to consent, if applicable.

(5)

Current certified survey.

C.

General standards of review. In addition to the standards set forth in these LDRs for the particular use, all proposed conditional uses should meet each of the following standards:

(1)

The proposed use shall be consistent with the Comprehensive Plan;

(2)

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare;

(3)

The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use;

(4)

Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs;

(5)

Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets;

(6)

The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and

(7)

The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria.

D.

Reviews by City Commission. The Development Services Department shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable development regulations. The Development Services Director shall transmit to the City Manager a copy of the written staff report summarizing the facts of the case including all relevant documents and recommendations. The City Manager shall schedule the proposed conditional use application for the next available Commission meeting providing the required notice procedures are met.

(1)

Public hearing. The City Commission shall hold one public hearing on the proposed conditional use request.

(2)

Action by City Commission. In considering a conditional use request the City Commission shall review the proposed conditional use, the general purpose and standards of review set forth in this section, the report and recommendation of the administration and any oral and written comments received at the public hearing or submitted for the record. Based upon the record developed prior to and at the public hearing, the City Commission may, by resolution:

(a)

Approve the proposed conditional use with or without conditions;

(b)

Deny the proposed conditional use.

(3)

Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards set forth in the general standards of review and to prevent or minimize, or address adverse effects on other property in the neighborhood. The City Commission may also require formal approval of a final site plan prior to the issuance of building permits.

E.

Effect of approval or denial.

(1)

Eligibility to apply for building permit, etc. Approval of the application for conditional use by the City Commission authorizes the applicant to proceed with any necessary applications, building permits and other permits which the City may require for the proposed development. No permit shall be issued for work, which does not comply with the terms of the conditional use approval.

(2)

Expiration of conditional use approval. Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit for the proposed development within 24 months after the date of the approved resolution. An applicant who has obtained conditional use approval may request an extension of this time period by filing, prior to expiration within the 24-month period a letter stating the reasons for the request. The City Commission may, by resolution at a regular meeting, grant one extension of up to six months for good cause shown by the applicant.

F.

Amendments and alterations to approved conditional uses.

(1)

Except as provided under § 265-13.F(2) herein below, any expansion to an approved or existing conditional use shall require the same application, review, notice and public hearing and approval under the procedures set forth in § 265-11 hereinabove.

(2)

Minor changes in the site plan or design details of an approved conditional use which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, may be approved by the City Manager or his designee without obtaining additional approvals. The determination of whether a change is deemed minor is in the sole discretion of the City Manager or his designee. Such minor changes will be submitted at building permit application in the form of a revised site plan, and any other appropriate documents along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the intensity, density or creation of variances or change in use or noncompliance with a condition required by the conditional use shall be considered a minor change for the purposes of this section.

(Ord. No. 2021-562, § 34, 3-18-2021)

A.

Permit required. No temporary use or structure which is not otherwise treated as a permitted use or conditional use in a particular zoning district and which is not otherwise prohibited shall be conducted or erected without a temporary use or structure permit. This section shall not override, and shall not substitute for, any other section of the LDRs, which requires another type of permit, certificate, or approval.

B.

Reviews and approval. An application for temporary use shall be submitted and reviewed in conformance with the procedures contained in § 265-11, hereinabove. Notice and public hearing requirements contained in § 265-11 shall not apply to temporary use or structure permits. The payment of an application fee, established by the City Commission, shall be included with the application for a temporary use permit. Applications for a temporary use or structure permit shall be reviewed and approved by the City Manager or his designee, who may impose reasonable conditions upon the temporary use or structure permit.

(1)

The establishment of the following uses shall require a temporary use, structure permit or special events permit issued by the City:

(a)

Construction of on-site offices for a development project with final site plan approval.

(b)

Construction materials storage, processing and fabrication on-site for a development project with final site plan approval.

(c)

Construction equipment storage on-site for a development project with final site plan approval.

(d)

Temporary sales centers and model homes established for the express purpose of marketing a real estate development project with final site plan approval. The sales office or center and model homes shall be located on and limited to the property, which is being marketed for sales, except a sales office may be permitted as a conditional use (requiring hearing and site plan approval of such sales office) prior to final site plan approval for the real estate development project to be sold if the property where the proposed sales office is to be located abuts Collins Avenue or Sunny Isles Beach Boulevard and the owner of said property owns contiguous property abutting Collins Avenue or Sunny Isles Beach Boulevard, as the case may be. The sales office or center may be permitted subject to the following conditions:

[1]

The sales office shall be removed if site plan approval for the main real estate development project is not granted within one year from the date the building permit for the sales office is issued.

[2]

The property owner shall post a bond or comparable instrument acceptable to the City Manager and in amount sufficient, in the sole opinion of the City Manager, to pay for the cost of demolition and removal of the temporary sales office from the site. Said instrument shall be from a surety company or financial institution acceptable to the City Manager and shall be in a form approved by the City Attorney.

[3]

The sales office shall meet all Land Development Regulations pertaining to the underlying zoning on the site or for office use, whichever is more stringent, including Commission approval of a site plan for the temporary sales office.

(e)

Garage sales.

(f)

Seasonal sales lots offering Christmas trees, pumpkins, flowers and the like; however, no temporary permit shall be issued for sales within public rights-of-way, and fireworks sales shall be subject to Fire Department approval.

(g)

Sidewalk or parking lot sales by City-licensed businesses.

(h)

Non-City-sponsored fireworks displays and shows.

(i)

Carnivals, fairs, concerts, circuses or similar events.

C.

Maximum time limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and structures related to real estate development projects shall not be maintained longer than the time necessary to complete the construction of the project. All temporary uses shall be removed within 90 days of issuance of the final certificate of occupancy.

D.

Revocation of permits. Any temporary use, which becomes a nuisance, violates the conditions of the permit or is in violation of the LDRs, shall be revoked by the City Manager. Any temporary use, which endangers the public health or safety, shall be revoked immediately by the City Manager.

E.

Exemptions. No permit for temporary use or structure will be required when such use or structure is part of a construction project by or for the City.

F.

General criteria and limitations for temporary use permits.

(1)

The temporary use must be compatible with the surrounding land uses;

(2)

A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for his/her site.

(3)

An applicant may not receive a temporary use permit for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property more than three times within a calendar year.

(Amended 1-15-2004 by Ord. No. 2004-191)

A.

Purpose, definitions, scope. A variance is a relaxation of the terms of the LDRs where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of these LDRs would result in unnecessary and undue hardship on the property.

B.

Limitations. Under no circumstances shall the City Commission grant a variance to increase or permit a floor area ratio, density or use not permitted under the terms of this chapter in the zoning district involved.

C.

Nonconformities not grounds for grant of variance. Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of lands structures or buildings in any other district shall not be considered grounds for the granting of a variance.

D.

Application requirements. An application for a variance shall be filed by the owner of the property or his designated representative pursuant to the procedures set forth in Section § 265-12 hereinabove.

E.

Staff review. The Development Services Department shall review the application to evaluate whether the application is complete and whether the proposed variance complies with the general purpose and standards set forth in this section for the granting of variances. The Development Services Director shall compile a written staff report summarizing the facts of the case including all relevant documents. The complete application and staff report prepared pursuant to this section shall be transmitted to the City Manager as provided herein.

F.

Review by City Commission. The City Manager shall schedule the proposed variance application for the next available Commission meeting providing the required notice procedures are met.

(1)

Public Hearing. The City Commission shall hold one public hearing on the proposed variance.

(2)

Action by City Commission. In considering whether to approve, approve with conditions or deny the application, the City Commission shall review the application, the general purpose and standards set forth in this section for the granting of variances, staff reports, and any oral and written comments received at the public hearing.

G.

Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

(2)

The special conditions and circumstances do not result from the actions of the petitioner;

(3)

Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant;

(4)

The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs;

(5)

Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district;

(6)

The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and

(7)

The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity.

H.

Conditions and safeguards. In granting a variance, the City Commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this section and to prevent or minimize adverse effects on other property in the neighborhood. Violation of such conditions and restrictions, when made a part of the terms under which the variance is granted, shall be deemed a violation of these LDRs and grounds for revocation of the variance.

I.

Expiration of approval. The approval of a variance shall be void if the recipient does not obtain a building permit or other development order for the proposed use within 24 months after the granting of the variance. An applicant who has obtained approval of a variance may request an extension of this time period by filing, prior to expiration within the 24-month period, a letter stating the reasons for the request. The City Commission may, by resolution at a regular meeting grant one extension for good cause shown by the applicant.

J.

Amendments and alterations to approved variances:

(1)

Except as provided under § 265-15.J(2) hereinbelow, any expansion of an approved variance shall require the same application, review and approval as required under the procedures set forth under § 265-15.G hereinabove.

(2)

Minor changes in the site plan or design details of an approved variance which do not result in additional external impacts, such as a minor shift in the location of a building or structure, the realignment of parking spaces and aisles, the relocation of a driveway and the like, and landscape changes may be approved by the City Manager or his designee without obtaining additional approvals. The determination of whether a change is deemed minor is in the sole discretion of the City Manager or his designee. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the originally approved site plan, clearly indicating the proposed minor changes. No increase in the approved variance, creation of variances or change in use shall be considered a minor change for the purposes of this section.

(Ord. No. 2021-562, § 34, 3-18-2021)

A.

Purpose. The purpose of this section is to provide a uniform procedure concerning the review of and proposals for amendments to these regulations and zoning designations, to provide for the continued integrity of these regulations; to adapt to changes in the community; and to allow the public an adequate opportunity to be heard concerning issues arising under or incidental to these regulations and amendments hereto. Whenever the public necessity, convenience, general welfare or good zoning practice and planning techniques require, the City Commission may, by ordinance duly adopted in accordance with the procedures set forth herein, amend and/or supplement the LDRs, the zoning district boundaries or classifications of property now or hereafter established or by amendment hereto. All amendments of the LDRs or Official Zoning Map shall be consistent with the adopted Comprehensive Plan.

B.

Initiation. The City Manager or the City Commission may initiate an amendment to the text of the LDRs. Any affected person may apply to the City to amend the text of the LDRs. An amendment to the Official Zoning Map may be initiated by the City Manager, City Commission or by any person owning property within the area proposed for change on the Official Zoning Map subject to the payment of an application fee to cover the cost of processing the application.

C.

Application requirements. Applications for amendment to the Zoning Map and text of the LDRs shall be on an application form specified by the Development Services Director. The information in the application shall address the standards of §§ 265-16.F and G.

D.

Reviews by staff. The Development Services Department shall review applications for amendment to the text of the LDRs and amendments to the official zoning map and compile a written report which summarizes the facts of the case including all relevant documents, and evaluates the proposed amendment with the general purpose and standards set forth in this section. The Development Services Director shall transmit a copy of the staff report to the City Manager.

E.

Reviews by City Commission. The City Manager shall schedule the proposed amendment for the next available City Commission meeting providing the required notice procedures are met. The City Commission shall review all amendments to the Official Zoning Map and amendments to the text of the Land Development Regulations.

(1)

Public hearing. In order to adopt an ordinance the City Commission shall comply with the notice and procedures set forth in F.S. ch. 166 and the public hearing shall be conducted in accordance with the provisions of this chapter.

(2)

Action by City Commission. In considering an amendment to the text of the LDRs or the Official Zoning Map, the City Commission shall review the proposed amendment, the general purpose and standards set forth in this section, the report and recommendation of the administration, and any oral and written comments received at the public hearing. Based upon the record developed at the public hearings, the City Commission may:

(a)

Adopt the proposed amendment with or without modifications; or

(b)

Deny the request.

F.

Standards for reviewing proposed amendments to the Official Zoning Map. In deciding whether to recommend approval of a proposed amendment, the Administration and the City Commission shall determine whether or not:

(1)

The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan.

(2)

The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses.

(3)

The subject property is physically suitable for the uses permitted in the proposed district.

(4)

There are sites available in other areas currently zoned for such use.

(5)

If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan.

(6)

The proposed change would adversely affect traffic patterns or congestion.

(7)

The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected.

(8)

Whether the proposed change would have an adverse environmental impact on the vicinity.

(9)

Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole.

G.

Standards for reviewing proposed amendments to the text of the LDR. In deciding whether to recommend approval of a proposed text amendment, the administration and the City Commission shall consider whether or not:

(1)

The proposed amendment is legally required.

(2)

The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan.

(3)

The proposed amendment is consistent with the authority and purpose of the LDRs.

(4)

The proposed amendment furthers the orderly development of the City.

(5)

The proposed amendment improves the administration or execution of the development process.

H.

Zoning in progress, applicability, temporary hold on permits and licenses.

(1)

Purpose. The zoning in progress doctrine ("zoning in progress") generally allows the City to apply, on a retroactive basis, changes to zoning regulations or to the zoning district status of property, to previously approved or currently in process development applications. Additionally, the zoning in progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress, that would affect the permit or license.

(2)

Temporary hold on development applications. When an amendment in the LDRs or in the application of any particular zoning district classification to land is being considered, the City may impose a temporary hold on any development applications pending before the City with respect to the area or the zoning regulatory text which is the subject of the amendment. The hold shall commence upon the date that that the City Commission directs staff to investigate or when staff advises the City Commission that it is pursuing an amendment to these LDRs. And shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations.

(Ord. No. 2021-562, § 34, 3-18-2021)

A.

Purpose. The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177.

B.

Plat required.

(1)

Whenever land is subdivided in the City a plat must be recorded in the official records of Miami-Dade County. No plat of subdivision lying within the City of Sunny Isles Beach shall be recorded in the official records of Miami-Dade County until the City Commission approves the plat. No building permit shall be issued unless the City Commission has approved a final plat and recorded. Furthermore, no certificate of occupancy shall be issued prior to the final plat, including the parcel or parcels of land on which a building will be constructed, has been recorded in the official records of Miami-Dade County.

(2)

A building permit may be issued for an essential governmental facility after plat review where the City Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the City determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. A certificate of occupancy shall not be issued until the plat is recorded.

C.

Conformity to comprehensive plan. The City shall consider no plat application unless the proposed plat is in conformance with the City's adopted Comprehensive Plan.

D.

Preliminary plat, advice and comments at developers option. Upon request of the applicant and payment of an application fee, a preliminary plat may be reviewed by the Development Services Department. The comments and advice of staff, however, shall not be binding on the City or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission.

E.

Final plat review. All final plats must be submitted to the City Commission for approval. No final plat, however, shall be scheduled for said approval until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the authority contained in this chapter. No application for final plat will be accepted by the City without approval of a corresponding tentative plat by Miami-Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to City and Miami-Dade County requirements. The Development Services Director shall submit the report to the City Manager, for transmittal to the City Commission. The City Commission shall approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations.

(1)

Format of final plats. A land surveyor registered in the state shall prepare the final plat. The final plat shall be clearly and legibly drawn to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than 1/8 of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws dealing with the preparation of plats.

(2)

Final plat application requirements. The final plat and application shall be filed with the Development Services Department on forms provided by the Department. The application shall be submitted along with the required number of copies and an application fee as established by the City. The recording costs for legal documents and fees for notification shall be paid prior to and as a condition for the plat to be submitted for public hearing before the City Commission. The following information shall be part of the final plat unless waived by the Director:

(a)

Name of the subdivision. The plat shall have a title or name. The title of the plat shall include the name of the City and the section, township and range of which such platted land is a subdivision. The Development Services Department shall disapprove any name or title, which is similar to the name of any previously, approved plat in the City and which may cause confusion.

(b)

Deed description. There shall be printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

(c)

A sealed current topographic survey ("plat survey"). The plat survey shall cover the entire area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The plat survey shall contain at a minimum the following information:

[1]

Property boundaries;

[2]

Existing watercourses, canals and bodies of water within or adjacent to the plat limits;

[3]

Existing easements within or adjacent to the plat limits and the purposes for which the easements have been established;

[4]

Existing streets and alleys on or adjacent to the tract, including name and right-of-way width;

[5]

All encumbrances and restrictions specified within the owner and encumbrance report.

(d)

Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features.

(e)

Names of adjacent subdivisions.

(f)

Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well as similar facts regarding property immediately adjacent.

(g)

The width and location of any street or other public ways or places shown on the City or County Future Transportation System Plan within or adjacent to the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer.

[1]

All plat boundaries.

[2]

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.

[3]

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

[4]

Accurate location of all monuments.

[5]

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

(h)

Date of field survey, north point and geographic scale.

(i)

Legal description and plan of proposed layout made and certified by a Florida licensed land surveyor along with a lot parcel analysis, including the smallest lot size, largest lot size, number of lots, acreage in each parcel, and number of parcels.

(j)

Where lots are located on a curve or when side lot lines are at angles less than 87° or more than 93°, the width of the lot at the front building setback line shall be shown.

(k)

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

(l)

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

(m)

A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way.

(n)

Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; resubdivision of parcels as "platted," and restrictions of similar nature.

(o)

Written confirmation from all utilities franchised to operate in the City relative to the adequacy of proposed easements shown on the plat and their ability to coexist with other utilities, which may be placed within the easement.

(p)

Schematic subdivision improvement plans for the improvements necessary to bring water, sewer and public access to the project, including all off-site improvements required by the platting process, shall be submitted in conformance with this Code.

(q)

Legal documents in draft form ensuring perpetual maintenance of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas.

(r)

An original title certificate or an attorney's opinion of title, and a tax letter or receipt from Miami-Dade County.

(s)

Miami-Dade County DERM environmental review and resulting comments.

(t)

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.

(u)

The dimensions of all lots and angles or bearings.

(v)

Location, dimension and purpose of any easements.

(w)

Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.

(x)

An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, purpose of closing must be stated on the plat.

(3)

Additional required information. In addition to the plat and application form, the applicant shall submit the following information:

(a)

A complete and current ownership and encumbrances report.

(b)

The applicable base flood elevation information.

(c)

A list of all easements and rights-of-way to be vacated.

(d)

Copies of all land development and environmental licenses and permits applied for including water management, and dredge and fill permits.

F.

Endorsement of final plat. Upon approval of the final plat by the City Commission, the final plat shall be executed by the City Manager and attested to by the City Clerk. The Development Services Director shall forward the signed original of the final plat to the applicant for County approval.

(1)

Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest all legal and equitable interests in the parcels of land so dedicated, to be held by the City in trust and the approval of the plat by the City Commission shall have the force and effect of an acceptance of said legal and equitable interest. Dedications to the City and the public for public purposes shall vest legal and equitable title in the City. However, nothing herein shall be construed to create any obligation on the part of the City to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the City and only for such period of time that the City elects to continue said maintenance.

G.

Requirements for final City signature. Prior to final City signature upon a plat for recordation the developer shall have executed approved agreements if required by the City concerning the payment of the developer's share of required public facilities and any other requirements of the final plat approval. The subdivider shall also provide one or more copies of the final plat, to the City in a format deemed acceptable by the City Engineer.

H.

Time limitations of final plat approval. The burden is on the property owner to either record the plat within 12 months of City Commission approval or request from the City Commission, prior to expiration, one extension. The burden is also on the property owner to record the plat within the time specified by Miami-Dade County. Failure to record within the time specified by either the City of Sunny Isles Beach or Miami-Dade County shall render the approval of said plat null and void.

I.

Enforcement provisions.

(1)

Recording of plat. No plat shall be recorded in the public records of Miami-Dade County or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the City Commission. In the event any such unapproved subdivision is recorded it shall be considered invalid and the City may institute proceedings to have it stricken from the public records of Miami-Dade County, Florida, at the property owner's cost.

(2)

Permits. The City's Chief Building Official shall not issue any building permit for any structure to be constructed within the City unless and until said official receives a reproducible Mylar of the duly recorded plat.

(3)

Revision of plat after approval.

(a)

After approval by the City Commission but prior to recording any plat in the public records of Miami-Dade County, the petitioner shall provide to the Development Services Director a copy of the subject plat reflecting all corrections and/or modifications, which may have been made subsequent to the plat approval by the City Commission.

(b)

The Development Services Director shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the City Commission.

(c)

After review, the Development Services Director will provide the petitioner with a letter, which will either authorize recordation of the revised plat or require that the revised plat be returned to the City Commission.

(4)

Failure to satisfy conditions of approval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the City Manager. If upon written notice by the City Manager the applicant fails to correct the failures the City Commission shall be notified. The City Commission upon notice to the property owner shall hold a public hearing. If the City Commission finds that the conditions have not been satisfied, the City Commission shall take immediate corrective action to ensure compliance.

J.

Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the Development Services Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this Code:

(1)

The dedication of land or any interest in land to any governmental agency, entity or political subdivision.

(2)

The division of a duplex-zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions.

(3)

The combination of lots and/or portions of lots to create a common building site provided that the property owner presents a unity of title recordable in the public records of Miami-Dade County, Florida and in a form acceptable to the City Attorney identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use and structures exists. Such instrument cannot be amended or modified without City approval. No combination shall be approved where approval would allow violation of any other provision of these LDRs.

(4)

The division of a nonresidential-zoned platted parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Development Services Department and Engineering Division may require that any or all of the following items be provided and approved for all parcels:

(a)

Current survey.

(b)

Sketch plat.

(c)

Master parking plan.

(d)

Secondary access plan.

(e)

Alley, access, drainage, utility, planting, or other easements.

(f)

Paving and drainage plan.

(g)

Sewer and water plans.

K.

Recorded plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section.

(Ord. No. 2021-562, § 34, 3-18-2021)

A.

Required. Except as provided in § 265-18.C below, application for site plan approval for all developments shall be submitted to the Development Services Department for review and approval prior to the issuance of building permits. The Development Services Department shall evaluate the site plan as it relates to conformance to the LDRs and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrounding area, general layout of the site, architectural design of the structures, and whether the development as presented will enhance the quality of life in the City of Sunny Isles Beach and promote the health, safety and welfare of its citizens. Site plans shall be submitted to the City Commission for final consideration at a public hearing in accordance with the procedures set forth in § 265-11 hereinabove.

B.

Application required. Application for site plan review and approval shall be submitted to the City in writing by the property owner or authorized representative on forms provided by the Development Services Department. A fee as established by the City Commission shall be paid by the applicant.

C.

Exempt development. The following activities shall not require submission of a site plan pursuant to this section:

(1)

The deposit and contouring of fill on land.

(2)

Construction of a single-family home on an existing single-family lot.

(3)

Construction of a single residential duplex on an existing residential duplex lot.

(4)

Land clearing activity done in compliance with a valid land-clearing permit issued pursuant to the LDR and a City engineering permit.

(5)

Demolition.

(6)

Storage sheds on single-family residential lots, gazebos and tiki huts provided all other requirements of these LDRs are met.

(7)

Site plans for government agency facilities that are consistent with the development standards of the zoning district, including any such government agency facility constructed or permitted after December 19, 2002.

D.

General site plan application requirements. All site plans must be prepared, signed and sealed by one or more of the following professionals:

(1)

A landscape architect registered by the State of Florida.

(2)

An architect registered by the State of Florida.

(3)

A civil engineer registered by the State of Florida.

(4)

A land surveyor registered by the State of Florida.

E.

Site plan submission requirements. An application for site plan review shall include 15 sets of folded and collated plans containing the following:

(1)

Sealed current survey prepared by a Florida registered land surveyor, certified as to meeting the requirements of Chapter 21HH-6, Florida Administrative Code. At a minimum the survey shall show the property's topography, water bodies, easements, rights-of-way, existing structures and paved areas. This survey shall be based upon current ownership and encumbrance report and shall so be stated on the survey itself.

(2)

A tree survey is required if there are indications of existing native tree species or mature trees or palms not on the Miami-Dade County list of exotic or invasive species on the site when development is proposed within City areas of particular concern as identified in the City's Comprehensive Plan. The tree survey shall comply with the following minimum standards:

(a)

Tree surveys shall be prepared by and bear the seal of a registered land surveyor licensed to practice in the State of Florida. Tree species shall be identified by a registered landscape architect licensed to practice in the State of Florida.

(b)

Surveys shall delineate property boundaries, easements, and rights-of-way, bodies of surface water, and protected trees or groupings of trees. The species of trees to be removed or relocated shall be identified. In the case of a grouping of trees, the predominant species mix and estimated number shall be identified. Trees or areas of vegetation, which are required to be preserved, shall be delineated. Areas infested with prohibited or controlled plant species shall also be delineated and identified. Surveys shall also indicate such other information as may be required by the Development Services Department that is reasonable and necessary for the adequate administration of this section.

(3)

Site development plans (Scale to be one inch equals 20 feet unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following:

(a)

Location, size and height of all principal and accessory structures, including buildings, wall, fences, walkways, driveways, parking areas, including garage and loading areas.

(b)

The building and floor plan, including roof plan.

(c)

Location, character and enclosure of all outside facilities for waste storage and disposal and/or outdoor storage, if any.

(d)

Exterior elevation with material, color designation, architectural finish treatments, surface treatments and curbing proposed for parking and loading areas including ingress and egress drives.

(e)

Landscaping plan (signed and sealed by a Florida registered landscape architect and planting schedule). Plans shall include required and provided quantities of plant materials.

(f)

Location, size, character, height and orientation of all signs.

(g)

Placement, height, and fixture design of all major exterior lighting fixtures, including hours of operation illumination and shielding of exterior lighting, certification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the footcandle levels at the adjacent private property lines.

(h)

Off-site sketch map including, but not limited to, location of structures, utilities, rights-of-way and curb cuts within 300 feet of the subject property and other pertinent features.

(i)

Information as to all perimeter buffer requirements for adjacent properties.

(j)

A master site plan is required for all phased development.

(k)

Site data information including but not limited to zoning districts, permitted and proposed FAR, lot coverage, open space, parking, building height, density, setbacks and lot size information.

(l)

Details of all types of parking spaces and parking and truck loading areas showing ingress and egress.

(m)

Estimated construction schedule.

(n)

All signage locations, types and details.

(o)

Engineering plans (scale to be one inch equals 20 feet unless prior approval is received otherwise) including water, sewer, paving and drainage and utility locations.

(p)

Locations and details of all entry features (if applicable).

(q)

The location and owners of all adjoining lands as shown on the latest tax records, copies of all existing and proposed deed restrictions or covenants applying to the property, including covenants and agreements restricting the use, establishing future ownership and maintenance responsibilities for recreation and open space areas, existing zoning and prior zoning approvals and any other legal agreements documents and information required by the Development Services Director or the City Commission.

(r)

Other elements integral to the proposed development as considered necessary by the City Commission.

(s)

Estimated construction cost of the entire development project.

(t)

Artwork appraised value.

(u)

Staging plan for the demolition and construction of the entire development project inclusive of demolition and construction of sales center. The staging plan shall include all requests that may require governmental approvals including, but not limited to, extended work hours, closure of beach access, and construction parking.

F.

Site plan review. The Development Services Department Staff and consultants shall review all elements of the site plan and shall issue a preliminary recommendation to the City Commission to assist the Commission in their site plan review and approval process.

G.

City Commission Review.

(1)

Except for plans qualified for exception under § 265-18.C, upon a determination by the Development Services Director that a site plan complies with the review criteria stated in § 265-18.E, all site plans will be placed on the quasi-judicial portion of the City Commission agenda for final City Commission action in accordance with the objective standards set forth below.

(2)

Action.

(a)

On acting on site plan applications, the City Commission shall consider:

[1]

The review and recommendations of the Development Services Department staff and all outside consultants who render reports with respect to the site plan under review;

[2]

Conformity of the site plan with the restrictions and requirements of the land development regulations and consistency with the goals, policies and objectives of the Comprehensive Plan. The City Commission's review shall include, but not necessarily be limited to, the general considerations set forth hereinbelow as well as all items contained in the submission list and set forth in § 265-18.E(3) hereinabove and determine whether or not these considerations conform to the requirements of the land development regulations in each category:

[a]

Location, arrangement, size and general site compatibility of buildings, lighting and signs;

[b]

Acceptability and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls;

[c]

Location, arrangement, appearance and sufficiency of off-street parking and loading;

[d]

Acceptability and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience;

[e]

Acceptability of stormwater and drainage facilities;

[f]

Acceptability of water supply and sewage disposal facilities;

[g]

Acceptability, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's adjoining lands, including the maximum retention of existing vegetation;

[h]

Acceptability of fire lanes and other emergency zones and the provision of fire hydrants;

[i]

Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

[3]

If applicable, that the utilization of "bonuses," and "transferable development rights" as authorized throughout the LDRs, comply with all requirements of the LDRs and is consistent with the goals, policies and objectives of the City's Comprehensive Plan.

(b)

The City Commission's review shall be conducted at a public hearing.

(3)

Action by the City Commission shall consist of one of the following:

(a)

Continue or table, pending further review by staff and consultants.

(b)

Deny the site plan if the City can find it does not meet the criteria contained herein, and/or the site plan, as presented, is adverse to the public interest.

(c)

Approve or approve with conditions providing that upon action by the City Commission, submission and review by Development Services staff for Applicant's compliance with conditions of approval by the City Commission, and upon payment by the applicant of all fees and reimbursable costs to the City within 30 days of Commission action as verified by the Development Services Staff then and that event the Building Official may approve issuance of a permit. Failure of an applicant to pay such fees and reimbursable costs shall become and be a lien upon the land involved and shall be added to and result in an immediate expiration of site plan approval within ten days written notice to applicant. No permit shall issue without payment of same, in any case.

H.

Approved plans. An approved site plan shall remain valid for a period of 24 months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void. Additionally, if at anytime building permits lapse the site plan shall be considered null and void. An extension may be granted by the City Commission if the applicant shows good cause in the delay in obtaining building permits if requested prior to expiration.

I.

Site plan revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section, the fee for processing the revision shall be established by the City Commission. All other revisions shall require a minor modification processing fee as established by the City Commission.

(1)

Major modification. Any change to an approved site plan that does not meet the criteria for review as a minor modification shall be deemed a major modification. All major modifications shall be processed in the same manner as an original site plan.

(2)

Minor modification. The City Manager shall administratively approve "minor" changes and deviations from an approved site plan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved plan. An amendment shall be considered a minor modification if in compliance with each of the following limitations:

(a)

The modification does not change lot overage, setbacks, height increase or decrease, as well as density or intensity calculations set forth in a previously approve site plan. Notwithstanding the foregoing or any other provision in this section, a decrease in density and intensity of an approved site plan shall be considered a minor modification, which does not require the approval of the City Commission, where such modification results in a decrease of density or intensity of no more than five percent of the approved density or intensity calculations in the site plan;

(b)

The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach;

(c)

There is no change in the location, size and general site compatibility of building, lighting and signs;

(d)

There is no increase in the number of average daily trips;

(e)

The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site;

(f)

The changes does not substantially decrease the value of or substantially change the character or location of any improvement or amenity;

(g)

Change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or his/her designee due to availability or site conditions; and

(h)

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

(3)

Upon considering whether a modification has met the criteria to be deemed a minor modification, the City Manager or his/her designee, shall render a decision as to whether the modification shall be reviewed. The City Manager or his/her designee may require the City Commission to review any modification deemed a minor modification.

(4)

The City Manager shall file a written report to the City Commission advising of any minor modifications to a previously approved site plan.

J.

Engineering plans. No building permit shall be issued for any approved site plan unless and until all final engineering plans for water, the City's Engineer approves sewer, roadway and drainage systems and a permit for it has been issued. Prior to the issuance of a building permit the applicant shall provide a copy of the approved site plan, on disc, in a format compatible with the City's engineering applications.

K.

Mylar copy of approved site plans required. Following City sign off, but prior to the issuance of a building permit, a Mylar copy of the approved site plan shall be submitted to the Development Services Department. The Mylar shall be in the same scale and identical to the approved site plan.

L.

Conformance with approved site plans. Prior to the issuance of a Certificate of Occupancy, two as-built surveys shall be submitted to the Development Services Department. The as-built surveys shall be in the same scale as the approved site plan Mylar. In case of any conflicts the approved site plan shall prevail.

(Ord. No. 2003-167, 3-20-2003; Ord. No. 2005-240, 12-8-2005; Ord. No. 2010-342, 1-21-2010; Ord. No. 397, § 2, 1-17-2013; Ord. No. 2014-440, § 2, 11-20-2014; Ord. No. 2015-450, § 2, 4-16-2015; Ord. No. 2015-460, § 2, 9-17-2015; Ord. No. 2021-562, § 34, 3-18-2021)

A.

Purpose. The review of engineering plans and subdivision plans by the City and the issuance of the appropriate permits is required to ensure that all work is performed in conformance with accepted engineering standards and practices, and City specifications; and that all work is completed in a timely manner.

B.

Engineering construction permit. No land development activity including, without limitations: clearing and grubbing; filling or excavation work; road construction; underground utility installation and/or rehabilitation; and/or other development, construction or improvement activity shall commence without first obtaining engineering plan approval, an engineering construction permit, and paying the appropriate fee and bond as required.

C.

Engineering excavation permit. No excavation shall commence without first obtaining engineering plan approval of the excavation activity, an engineering excavation permit, and paying the appropriate fee and bond as required.

D.

Annual permit for excavation. An annually renewable engineering permit issued in accordance with the regulations of this chapter shall not be transferable and shall be obtained prior to commencing any excavation or resource extraction activity pursuant to this chapter. Said permit shall be renewed on the first day of each calendar year, subject to compliance with all City requirements and regulations and the payment of any required fees and bond as required.

E.

Engineering right-of-way crossing permits. No right-of-way crossings that involve the cutting or removal of pavements shall commence without first obtaining plan approval, an engineering right-of-way crossing permit, and paying the appropriate fee and bond as required.

F.

Revocation of engineering permits.

(1)

The City may revoke an engineering permit pursuant to any of the following situations:

(a)

City final plat approval has expired.

(b)

The security posted with the City to guarantee the construction of the subdivision improvements is in default or has expired.

(c)

Failure to commence engineering construction within one year of the date of the engineering permit issuance and/or lapse of the engineering work on the site for a period of greater than three consecutive months when there is no active City building construction permit in effect on the site.

(d)

The absence of a designated developer's engineer of record for a period of seven consecutive calendar days. Said engineer shall be as defined in F.S. ch. 471, representing the developer, in responsible charge of the permitted engineering work at all times. (Any successive developer/builder's engineer for the job shall be able to document and produce, upon request, evidence that he or she has, in fact, repeated all the work done by the original engineer, per the requirements of Chapter 61 G15 - 27.001 of the Florida Administrative Code.)

(e)

Failure to maintain a safe building site as determined by the Chief Building Official in accordance with City Code.

(2)

The Public Works Director or his designee shall notify the developer in writing that he intends to revoke an engineering permit.

A.

Purposes and applicability. The building permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by the LDR must be applied for and obtained before an application for a building permit may be considered for approval by the City. The Florida Building Code, as amended, is hereby adopted as the regulation governing the construction of buildings and structures in the City. Any qualified applicant desiring a permit to be issued by the Building Official as required, shall file an application in writing on a form provided by the Development Services Department for that purpose. No development shall occur until and unless the Building Department has issued a building permit.

B.

Application requirements. Each application shall describe the land on which the proposed work is to be done, by legal description and address; shall show the use or occupancy of the building or structure; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the Chief Building Official and the Florida Building Code to describe the proposed work; and shall be attested by the qualified applicant and property owner.

C.

Action by building department. The Chief Building Official shall review all applications for building permits or certificates of occupancy for compliance with the provisions of the LDRs, the City Code and the Florida Building Code, as amended. The Building Department shall issue a building permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes and is in compliance with any and all development orders issued in connection with the project and that all fees have been paid.

D.

Permit card. Upon approval of plans, specifications and application for permit and the payment of the required fee, the Chief Building Official shall issue a permit. With each permit, the Chief Building Official shall issue a permit card which shall bear the description of the property, the nature of the work being done, the name of the owner and contractor and other pertinent information; and such card shall be maintained in a conspicuous place on the front of the premises affected thereby during the hours of work in progress and available on demand for examination by the Chief Building Official.

E.

Spot survey. During the construction of a residential or commercial building, the holder of a permit card or building permit shall submit to the Building Official a spot survey of the building slab in place to be checked by the Building Department and the Development Services Department before any construction work can be continued above the slab. Additional spot surveys shall be submitted to the Building Official for multi-floor or multi-level buildings at every four stories constructed before any work can be continued. It shall be the duty of the permit holder to submit the required spot surveys before proceeding with construction of the vertical structure of a building. A final spot survey must be submitted to the Building Official before issuance of Certificate of Occupancy. For the purpose of this subsection, a spot survey is a survey showing the locations, sizes, shapes, and measurements of the building on the lot.

The Building Official may issue a stop work order against the permit holder if the following occurs:

(1)

Failure to submit the required spot surveys prepared by professional land surveyor whose signature and seal must bear the survey; or

(2)

Continuation of construction without the approval and acceptance of the spot survey by the Building Department and the Development Services Department.

(Ord. No. 2016-477, § 1, 4-21-2016; Ord. No. 2021-562, § 34, 3-18-2021)

A.

Purpose and effect. No new building or structure shall be used or occupied unless and until a certificate of occupancy or completion has been issued by the Building Department. No addition or structural alteration to any existing building or structure, other than a single-family detached dwelling, shall be used or occupied until and unless a certificate of occupancy or certificate of completion has been issued by the Building Department. No new nonresidential use, and no change in the occupancy of an existing nonresidential use, shall be established until and unless a certificate of occupancy or completion has been issued by the Building Department.

B.

Standards and review. A certificate of occupancy shall be issued only after the premises have been inspected and found to comply with the building code and all applicable standards and requirements for the zoning district in which it is located, and that the use or structure conforms to the plans and specifications for which the building permit was issued.

C.

Action by building department. The certificate of occupancy or completion shall be issued, or notice shall be given to the applicant specifying the reasons a certificate of occupancy or completion cannot be issued, no later than 14 days from the date the application is made by the qualified permit holder requesting issuance of certificate of occupancy or completion. No certificate of occupancy or completion shall be issued until all required City and county departments have approved all inspections. The certificate of occupancy or completion may be issued in the following forms:

(1)

Partial certificate of occupancy. A certificate of occupancy for less than the entire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for and that all requirements of the development order and the building code are satisfied.

(2)

Conditional/temporary certificate of occupancy. In situations where the Chief Building Official or his designee determines that life-safety concerns are not at issue, a certificate of occupancy conditioned upon the completion of specific enumerated items may be issued.

D.

Contents of certificate. Every certificate of occupancy or completion shall be dated, shall state the use or occupancy of the land or structure involved, shall state that the use or occupancy complies with the terms of this chapter, shall state any conditions that may be applicable and shall be approved by and signed by the Chief Building Official.

E.

Combining condominium units. Subsequent to the issuance of a certificate of occupancy an owner of a condominium unit may combine two adjacent condominium units into a single-dwelling unit. The City Manager or designee may approve request to combine condominium units if the following conditions are satisfied:

(1)

An owner must submit a letter indicating that condominium association has approved the request to combine the units;

(2)

Owner must submit floor plans to confirm that the units are physically connected;

(3)

Owner must submit proof that the Property Appraisers Office has approved the request;

(4)

The request to combine the units must be consistent with the Building Code and the Land Development Regulations.

F.

Revocation and suspension.

(1)

All certificates of occupancy including a temporary certificates issued under this Section may be revoked or suspended by the City's Building Official in accordance with Section 111.5 of the Florida Building Code, upon the following grounds:

(a)

The certificate of occupancy was issued by mistake of law or fact.

(b)

The certificate of occupancy was issued upon a misrepresentation by the applicant.

(c)

The certificate of occupancy is for a land use or occupancy type that violates any Ordinance of the City, or State or Federal law, rule or regulation.

(d)

The work was not performed in accordance with the City of Sunny Isles Beach Code of Ordinances.

(e)

Wherever it is determined that the building or structure of portion thereof is in violation of the Florida Building Code, as amended, the City of Sunny Isles Beach Code of Ordinances, the Miami Dade County Code of Ordinances, or any state or federal statute, rule, code or regulation applicable thereto.

(2)

It shall be unlawful for the owner or any other person with knowledge of such revocation or suspension to occupy the building unless said certificate of occupancy is reinstated by the City's Building Official or a new certificate of occupancy is issued.

(Ord. No. 2010-354, § 2, 10-14-2010; Ord. No. 2015-467, § 2, 11-19-2015)

A.

Purposes and applicability. This section is intended to provide for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LDRs or from any written order, requirement, decision, determination, or interpretation made by an administrative official or the City Commission in the enforcement of these regulations. Any person aggrieved by a decision made by an administrative official or the City Commission may file an appeal under this section.

B.

Appeal of administrative decisions. All appeals of administrative actions shall be made to the City Manager, within 14 days of the administrative decision. The City Manager shall then determine within 14 days whether to refer the matter back to the administrative official or to reject the appeal and shall notify the applicant, in writing, who may then appeal to the City Commission for final action. Any appeal to the City Commission shall be in writing and filed with the City Clerk within 30 days of the date of the City Manager's determination. The City Clerk shall schedule a public hearing regarding the appeal within 60 days.

C.

Action by the City Commission. A public hearing shall be held by the City Commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The City Commission shall review the application, the report and recommendation of the administration and consider the evidence and testimony provided at the hearing. After the public hearing is held, the City Commission shall issue a written decision and order granting the relief sought in the application, with or without conditions, or denying the appeal.

D.

Appeal of an order of the City Commission. Appeals from any decision of the City Commission made pursuant to the LDRs shall be in accordance with Rule 9.190, Florida Rules of Appellate Procedure.

A.

Purposes and applicability. This section is intended to provide for greater flexibility in the pattern of development by allowing for the transfer of development rights (unused floor area and density) from one parcel to another where the City Commission determines that:

(1)

Such transfers will assist in the renewal, rehabilitation, and redevelopment of commercial, Town Center and beachfront property; and

(2)

Preservation and enhancement of open space, natural resources, and historical and archeological resources; preservation of view corridors; concentration of public parking; and provision of educational or other public purpose objective may be achieved through such shifts in the development pattern.

B.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATOR — The Development Services Director.

BANK STATEMENT — The statement used to record deposits and withdrawals from the TDR Bank, as herein defined, in accordance with this section.

COMPREHENSIVE PLAN — The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as adopted October 2000.

LDRS — Land Development Regulations of the City of Sunny Isles Beach, adopted December 10, 2002, as the same may be amended from time to time, consistent with the Comprehensive Plan of the City of Sunny Isles Beach.

RECEIVING SITES (ALSO REFERRED TO AS "RECEIVER SITES") — Areas within the corporate boundaries of the City that are permitted to receive transferable development rights as defined in the Comprehensive Plan.

SENDING SITES (ALSO REFERRED TO AS "SENDER SITES") — Any areas within the corporate boundaries of the City that are permitted to transfer development rights as permitted by and as set forth herein provided that such site shall be deemed by the City Commission to be appropriate or advisable for use as open space, parks, park amenities or recreational facilities or parking for those facilities (hereinafter individually and collectively referred to as "a park" or "parks" as the case may be). Any site to be used for any purpose other than a park may not be treated as a sender site as defined herein, and no transferable development rights may be calculated and transferred therefrom.

SEVER — The removal of a development right from property rights possessed by an owner of real property. The term connotes a removal or separation, in perpetuity, as distinguished from a restriction or limitation, which may be overridden, deleted or is subject to a time frame.

TDR BANK — The record maintained by the City for the deposit and withdrawal/purchase of TDRs.

TRANSFERABLE DEVELOPMENT RIGHTS — A development right is an appurtenant right of land ownership that has an economic value separate from the land itself, subject to reasonable regulation by local government under its police power, and that may be transferred from the land from which the right is severed (sender site) to another piece of land (receiver site). Once severed, all TDRs are technically deemed deposited in the TDR Bank but thereafter, if only a portion of the development rights attributable to a sender site is transferred to a receiver site, the remaining development rights remain deposited in a TDR Bank in accordance with the provisions of this section. Transferable Development Rights means the maximum floor area ratio (square footage) and density (dwelling units) exclusive of variances that would be permitted to be transferred by the property's zoning on the date of the transfer approval which will be calculated and allocated by a formula developed by the City. These rights are sometimes referred to herein as "TDRs".

C.

Establishment of sender sites; transfer of TDRs.

(1)

Establishment of sender sites. Any property in any zoning district, upon the approval of the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending site, subject to the terms, conditions and limitations of this section.

(2)

TDRs transferred from City-owned sender sites. The City shall deposit all development rights (in terms of square footage and dwelling units) from its sender sites, as they are defined hereunder, in the TDR Bank for distribution and transfer in accordance with all of the procedures and limitations of this section except the five-year limitation set forth in § 265-23.C(3)(f) below and specifically as limited by the following:

(a)

All monies received by the City in connection with the transfer of development rights from City-owned sites shall be utilized for capital outlays and improvements only.

(b)

In no case shall the transfer of any TDRs from a City-owned site currently designated as park sites interfere with the use of those public parks, and said parks shall forever remain as public parks.

(c)

TDRs may not be transferred from any parks that existed within the boundaries of the City on the date of the City's incorporation; provided, however, TDRs from properties acquired by the City subsequent to the date of incorporation and which were or will be developed and utilized as parks shall be calculated based on the underlying zoning existing at the time of the City's acquisition of said parks, and may be severed and transferred from those such sites acquired by the City to the TDR Bank for subsequent sale or use by the City.

(3)

Privately-owned sender sites.

(a)

Application process for sender sites. The owner of a prospective sender site shall submit a complete application to the Administrator. A complete application shall include, but not be limited to: the applicable fee; names, addresses and signatures of all fee simple owners of the prospective sender site (which shall require disclosure of ownership as more fully set forth in § 265-23.F(1) of this section); a certificate of resolutions and agreements from Miami-Dade County, a current survey; current environmental audit; a deed conveying good, marketable and insurable title; and a commitment of title insurance, all in a form acceptable to the City Attorney, and such other materials that staff may reasonably request. After all required documentation and all required fees have been submitted to the City in a timely fashion, staff shall review the complete application, prepare written findings and recommendations, and place the application on the City Commission agenda for its consideration at a public hearing. The application shall be subject to the same notice and hearing requirements required by the LDRs for zoning applications.

(b)

Establishment of TDRs.

[1]

The City shall determine the floor area ratio and density including bonuses on the proposed site based on the existing zoning at the time the application is filed.

[2]

In cases where a privately owned sender site within the Town Center or a site abutting Collins Avenue is offered to the City as a sender site, the City Commission, in its sole discretion, may consider accepting said sender site and may provide to the owner the maximum density of 80 units per acre and a maximum floor area ratio of 3.75, provided that:

[a]

The application of this provision shall not increase the overall density on any given site in violation of the terms of the Comprehensive Plan; and

[b]

The owner of the sender site shall, as a condition of and no later than the actual transfer of the TDRs, either commit to provide public improvements in accordance with a design approved by the City Commission or shall fund those improvements and pay all required bonus payments associated with the site.

(c)

Public hearing. After a public hearing, the City Commission shall determine, in its sole discretion, whether the proposed sending site is acceptable for use by the City, in accordance with the expressed intent of this section.

(d)

Conveyance of privately owned sender sites to City. Upon approval by the City Commission, the sender site shall be conveyed to the City unencumbered, free and clear of any or all liens and mortgages, after correction of title defects and outdoor code violations, if any, and payment of any outstanding fines or fees owed to the City, all in a manner and form acceptable to the City Attorney. All taxes, fees and all other charges, including but not limited to assessments, on an approved sender site shall continue to be paid by the owner until the date the title is conveyed to the City. After title to the approved sender site has been conveyed to the City in the manner described in this subsection, the City shall authorize the release of the TDRs and shall record such release in its records and in the public records of Miami-Dade County, Florida, as set forth herein. No use shall be made of the TDRs from the approved sender site until documentation evidencing such release of TDRs has been recorded.

(e)

Development limitations on privately owned sender sites. The approved sender site shall then remain undeveloped forever except as a park.

(f)

Limitation on use of TDRs from approved sender sites. The owners, successors, heirs or assigns of approved sender site shall be required to bank, in accordance with § 265-23.G hereunder, all TDRs from the sender site. The banked TDRs may be withdrawn only in compliance with the provisions of this section within a period of no more than five years from the date of the City Commission meeting at which the subject site was approved as a sender site. At the expiration of the five-year period, the TDRs from the approved sender site shall expire and become extinguished and unusable.

D.

Establishment of receiver sites.

(1)

Eligible receiver sites. All property within the Town Center, the Business District abutting Collins Avenue and the Mixed Use High-Density/Resort Zoning Districts are herewith established as receiver sites. receiver sites (a) may be developed as otherwise permitted by the Land Development Regulations, as may be amended from time to time, in combination with the development rights available to the site, provided that the overall density achieved is consistent with, and does not exceed, the overall density and intensity allowable by the Comprehensive Plan and subject to § 265-23.D(2) hereinbelow. If an approval was granted prior to the adoption of this section, pursuant to which a permit has been issued, that site shall not be available as a receiver site, unless the prior approval is revoked or abandoned by the applicant and a new development order is secured hereunder.

(2)

Development limitations upon receiving sites.

(a)

Development rights on a receiving site shall be limited by a combination of the underlying zoning regulations, approved bonuses and allowable development rights transferable to the land in the receiving sites. Notwithstanding anything to the contrary, and in accordance with the Comprehensive Plan, neither the transferable density or intensity of permitted uses shall exceed 30% of the maximum residential density permitted on the receiver site, and in no case shall the resulting density bonus increases on any given receiver site exceed the number of dwelling units attainable on the sender site(s) under these plan provisions so as to assure no net increase in City-wide residential dwelling unit Comprehensive Plan capacities. Furthermore, the maximum amount of undeveloped floor area that may be transferred from a sender site to a receiving site shall not exceed 30% of the base floor area ratio plus bonuses allowable on the receiving site pursuant to the LDRs in effect at the time application is filed.

(b)

Parking and all other requirements of the LDRs shall be required in accordance with any additional density acquired through the transfer of development rights.

(c)

All TDRs purchased or transferred shall be used within 24 months from the date of rendition of the authorizing City Commission resolution, or all such TDRs shall thereafter be fully extinguished and there shall be no refunds from the City.

(d)

The transfer of development rights to a receiving site shall not decrease required open space, buffers, or setbacks or cause a request for variances or any other adverse impact to surrounding sites or any increase to allowable height, if applicable.

(e)

No property upon which a prior zoning approval was granted may apply for TDRs unless a site plan application is made for the entire site.

(f)

In no event shall a site plan on a receiver site be approved with any structure exceeding the height restrictions of the Federal Aviation Administration.

(g)

The foregoing is subject also to all other requirements of this section.

(3)

Land ineligible for consideration as receiving sites. No TDRs shall be assigned or transferred to any land outside the Town Center, the Business District abutting Collins Avenue and the Mixed Use High-Density/Resort Zoning Districts or for any land which has received a density or floor area variance.

(4)

Fees. Application fees for consideration of applications for establishment of sender sites and receiver sites and for TDRs shall be established by the City Commission. The applicant shall be responsible for all applicable application fees. Hiring of consultants to review data including engineering, planning, legal, appraisal, technical or environmental issue, shall be chargeable to the applicant in accordance with Ordinance No. 2001-132 (see Ch. 267, Art. II, Zoning Application Professional Fees).

E.

Calculation and costs.

(1)

Calculation of density and intensity for TDR Bank calculation. The square footage of a transferable development right for a unit shall be calculated and determined by dividing the permitted floor area of the sending site by the permitted density on said sending site. This calculation will yield a square-foot-per-unit constant. Withdrawals from the TDR Bank shall result in a simultaneous decrease in square footage and units so that both square footage and density will reach zero at the same time. Only whole units may be purchased and transferred to the receiving site. The foregoing, however, is subject to all limitations set forth herein and in the Comprehensive Plan.

(2)

Cost of transferable development rights from city-owned sites:

(a)

Appraisal. At the time of approval of the TDRs, the City Commission shall consider the acceptance of the appraised land value for the receiving site as follows: the cost for a square foot of development right shall be determined by the market value of the receiving site as determined by a current real estate appraisal (updated no more than three months from the date the application is heard at a public hearing) prepared for the City by an appraiser, selected by the City Manager, but paid for by the owner of the receiving site. The appraisal amount shall then be divided by the permitted floor area ratio, including bonuses on the receiver site. Since the issuance of City-owned TDRs shall be from a TDR Bank, as described herein, the formula to be applied shall be the totality of the banked square footage divided by the allowable density based on the underlying zoning.

(b)

Nonrefundable deposit. Approval of a receiving site shall be subject to payment of a nonrefundable deposit of 10% of the cost of City-owned TDRs, which shall be paid within three working days of the date of City Commission approval of the application. Failure to make such deposit within the prescribed time frame shall result in an automatic voiding of the City Commission approval.

(3)

Cost of transferable development rights issued by private owners from privately owned sender sites. The price of TDRs from approved privately-owned sender sites shall be determined by the private owners.

F.

Procedures pertaining to the approval of development rights for use on a potential receiving site.

(1)

Application.

(a)

No receiver site, or site plan on that receiver site, may be approved by the City Commission unless a sender site has first been identified and approved by the City Commission, and the owner of the receiver site commits to purchase TDRs from the City in accordance with § 265-23.D(2) above or the owner of the receiver site commits to purchase TDRs already deposited in the TDR Bank from a privately owned sender site. The formal approval by the City Commission of the transfer of the TDRs, whether from City-owned TDRs or TDRs from a privately owned sender site, already deposited in the TDR Bank, shall occur simultaneously with the approval of the receiver site's site plan, although the actual transfer may occur later, but in no event may a building permit on the receiver site be issued until such transfer has actually occurred and been documented as provided hereinbelow.

(b)

An applicant for the transfer of development rights to a potential receiving site shall file a complete application with the Administrator, together with a complete site plan application and all requirements contained in § 265-18 including but not limited to the following. Every application shall contain, as applicable:

[1]

The names, addresses and signatures of all fee simple owners of all properties included in the receiving site. "Fee simple owner" for the purpose of this requirement shall be defined as all parties having a financial interest, either direct or indirect, in the subject matter of the application. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in all properties involved;

[2]

The street address, folio number and legal description of each parcel of land included in the potential receiving site, a description of adjacent lands, including land uses, densities, circulation systems, public facilities and the impact, if any, of the requested transfer of development rights;

[3]

A current certified survey, plans, including but not limited to a site plan elevation, landscaping, an area analysis of surrounding properties including, but not limited to, street elevations, height of buildings, surrounding floor area ratio and density and construction schedules;

[4]

A site conditions map including a three-dimensional model of the proposed development potential (site plan) without TDRs and a separate three-dimensional model showing the development potential utilizing the proposed transfer of development rights (both models shall be constructed of balsa wood, foam board, corrugated or like material);

[5]

Status of financing, if applicable; evidence of ownership;

[6]

Amount of consideration, including purchase price of the property, an executed closing statement or an executed copy of the purchase and sale contract if the applicant is a contract purchaser;

[7]

A general description of the manner in which the project shall be constructed; impact, if any, of the transfer of development right to adjacent properties; and copies of any covenants affecting the receiving site(s); and

[8]

Any other agreements required by the LDRs and this section or that may be reasonably requested by the City Manager or other reviewing agencies.

(2)

Review by Administrator.

(a)

The Administrator shall review the application and shall forward it to the City Commission together with all site plans.

(b)

The application shall be subject to the same notice and hearing requirements applicable to zoning applications under the Land Development Regulations.

(3)

Scheduling of hearing. Prior to the scheduling of a hearing to consider the transfer of development rights to a receiver site, all required documentation and all required fees, as described in this section, shall have been submitted to the City in a timely fashion and reviewed and approved by City staff.

(4)

Review and approval by City Commission. The City Commission after reviewing the application, may, in its sole discretion, approve with modifications or conditions or approve less than the full amount of requested TDRs, in which case the applicant shall return to the City Commission with revised site plan for its further consideration or deny the application for transfer of development rights.

(a)

It is understood that until a transfer of development rights is so approved by the City Commission, said TDRs have no intrinsic or inherent value and cannot be considered as a "matter of right" in the valuation of any potential sender or receiver site. Further, such transfers are subject to all the terms and limitations of this section. It is solely the final approval by the City Commission, in its complete discretion, and based on the criteria set forth herein, that gives rise to any value for TDRs.

(b)

A resolution authorizing the withdrawal and transfer of TDRs from the TDR Bank must be issued prior to such transfer, but, once adopted, the transfer shall automatically change the TDR Bank statement to reflect the approved transaction subsequent to the mandatory recording of such resolution by the City in the official records of Miami-Dade County, Florida, designed to both evidence and ensure the severance of said zoning rights from the sender site and the accrual and accumulation of those development rights to the receiver sites or deposit of same in the TDR Bank. If the TDRs are purchased directly from the TDR Bank, the procedures set forth in § 265-23.G(1)(b) shall be followed. The issuance of a resolution approving such transfer shall automatically change the TDR Bank statement.

(c)

The City Commission shall review the application for TDRs based on the following criteria; provided, however, that approval of the application, in whole or in part, is solely within the City Commission's discretion:

[1]

The project is consistent with the Comprehensive Plan and will not reduce the levels of service set forth in the plan.

[2]

The project is consistent with the intent of this section entitled "Purposes and applicability."

[3]

The project meets all other criteria set forth in the LDRs.

[4]

The transfer of development rights is desirable on the receiver site being considered for purposes of enhancing overall development.

[5]

The development on the receiving site shall be designed to produce an environment of desirable character and harmony with the neighborhood, resulting in a superior quality of development and open space relationships with high standards for recreational and parking areas.

(5)

Recording of documents. Prior to issuance of a building permit, documentation evidencing the transfer shall be recorded against the titles to both the sending and receiving sites, as may be applicable, in the public records of Miami-Dade County, Florida and an irrevocable covenant running with the land, which shall include the additional FAR (TDR), required parking and all other conditions, restrictions, and obligations imposed as conditions of the approval by the City Commission and the LDRs, shall be recorded against the title to the receiving site, in the public records of Miami-Dade County, Florida. The covenant and all other documents recorded pursuant to this section shall include a warning that the approval of the TDRs shallbe extinguished, become null and void and shall be of no further force or effect in the event no building permit is issued for the receiving site within 24 months from the date the resolution is rendered, and shall contain a statement by which the owner(s) of the receiver site shall agree to bind itself, its successors and assigns with regard to all conditions, restrictions, and obligations contained therein, and, further, shall include a statement prohibiting any changes, amendments, modifications or releases to the document without the prior written approval of the City Manager and the City Attorney after approval by the City Commission at a public hearing. All documents recorded pursuant to this section shall be in a form acceptable to the City Attorney and shall be recorded at the expense of the applicant. Copies of documents recorded pursuant to this section shall be delivered to the City by the applicant.

(6)

Zoning in progress. Notwithstanding Section 2 hereinbelow or any other provision to the contrary in the Land Development Regulations, all applications for transfers of development rights shall be subject to all of the terms and provisions of the TDR Ordinance in effect at the time the application is filed. (Section 2 of Ord. No. 2005-230 stated that transfers of previously approved TDRs would be accomplished in accordance with the terms of the ordinance in effect at the time of said transfer.) Notwithstanding the foregoing, with respect to bank calculations, unless a site plan has already received Commission approval, all applications (even if filed) shall be subject to the methods of calculating TDRs described in this amendment (5/13/05) after first reading of said amendment.

G.

Establishment of TDR Bank; limitations.

(1)

TDR Bank. The City Commission may by resolution adopt procedures for the establishment of a TDR Bank which shall be maintained and operated by the City Manager or designee, for the deposit and withdrawal/purchase by private developers of development rights and shall be retroactive to all TDR transactions.

(a)

An annual fee shall be established by resolution to be paid to the City by the depositor of privately owned TDRs, to extend the time frame for withdrawals from the TDR Bank.

(b)

The TDR Bank statement attached as Exhibit A to each City Commission resolution authorizing the TDRs and the deposit or withdrawal of development rights shall reflect approved sites and the units of TDRs attributable to each site. The TDR Bank statement shall be amended administratively and dated each time transfers are made in accordance with this section.

(c)

A purchaser may withdraw TDRs from a private TDR Bank pursuant to the original City Commission approval of a Receiver and sender site. The adoption of this withdrawal and transfer resolution is ministerial and may not be withheld by the City Commission in accordance with this section unless the terms and conditions of the original approvals have not been met (or otherwise waived) or the City has not received a written and notarized authorization from the owner of the sender site (and seller of all TDRs severed therefrom) and an indemnification and hold harmless of the City from both seller and purchaser as to any and all claims that may arise between the private parties as a result of such transaction. With respect to a purchase of TDRs from the City, a purchaser may withdraw same from the TDR Bank pursuant to a City Commission resolution issued by the City Commission in its sole discretion in accordance with this section.

(d)

The City Commission may extend payments due for purchase of TDRs upon the recommendation of the City's Finance Director; provided, that the payment extension does not negatively impact the financial standing of the City and such extension is beneficial to the City. Any payment extension shall be subject to approval by the City Commission. The term of an extension and interest rate shall be recommended to the City Commission by the Finance Director or designee.

(2)

Time limitations on private TDR transactions. All privately owned development rights shall be deposited in the TDR Bank as provided in this subsection. Withdrawals of TDRs from the TDR Bank must occur no later than five years from the date of the City Commission action approving the applicable sending site in accordance with § 265-23.C(3)(f) hereinabove, unless the time frame for withdrawals is extended pursuant to § 265-23.G(1)(a). Private TDRs shall be utilized within five years from the date of withdrawal from the TDR Bank provided that no extension is granted.

(Ord. No. 2003-179, 9-18-2003; Ord. No. 2004-193, 2-19-2004; Ord. No. 2004-200, 4-15-2004; Ord. No. 2004-218, 11-18-2004; Ord. No. 2005-230, 6-9-2005; Ord. No. 2006-243, 1-19-2006; Ord. No. 2008-300, 3-20-2008; Ord. No. 2009-319, 4-16-2009; Ord. No. 2011-377, § 4, 11-17-2011; Ord. No. 2012-389, § 2, 7-19-2012; Ord. No. 2014-425, 5-15-2014; Ord. No. 2021-562, § 34, 3-18-2021)

A.

In the event that private parties enter into a transaction where one party purchases the air rights of a second party in order to restrict the development potential of a property, and such purchase does not follow the procedures of § 265-23 herein, the transaction shall not be considered to be a part of the TDR program. The party which sells such air rights immediately shall record a notice of the sale of air rights in the property records of Miami-Dade County and provide a copy of the notice to the City Clerk. For purpose of this section, air rights means the unused development rights above an existing structure located on a lot.

B.

Purchase of air rights by one party shall not entitle the party to the further use of the air rights for development purposes under the land development regulations of the City. If an air rights agreement is terminated by either party, a notice of termination of such agreement shall be required to be filed in the property records of Miami-Dade County and provide a copy of the notice to the City Clerk.

(Ord. No. 2011-370, § 2, 10-20-2011)