The purpose of this article is to provide mechanisms for obtaining relief from the provisions of this code.

7.01.01. Generally.

A.

Granted by planning and zoning board. The planning and zoning board may grant a variance from the strict application of articles IV, V and VI of this code if the following procedures are followed and findings made.

B.

Variances to be considered as part of development review. Any person desiring to undertake a development activity not in conformance with article IV, V or VI of this code may apply for a non-use variance in conjunction with the application for site plan review. A development activity that might otherwise be approved by the zoning director must be approved by the planning and zoning board if a variance is sought. The variance shall be granted or denied in conjunction with the application for site plan review.

C.

Where a non-use variance has been previously granted but where a subsequent, substantial modification to a site plan requires a new site plan review, the previously granted non-use variance shall continue in full force and effect, provided always that the substantial modification that required the new site plan review is wholly immaterial to the underlying need for or conditions of the non-use variance. The determination of materiality shall be made administratively by the building department.

D.

Public notice of such hearing before the city's planning and zoning board shall be given in accordance with the City's Code of Ordinances.

(Ord. No. 2981, § 7(7.01.01(C)), 8-12-2002; Ord. No. 3681, Art. 1, 7-2-2012)

7.01.02. Limitations on granting non-use variances.

A.

Required findings. The planning and zoning board shall not vary the requirements of any provision of articles IV, V or VI of this code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

1.

The variance requested will not be detrimental to the neighborhood.

2.

The proposed variance will not increase the danger of fire, or other hazard to the public.

3.

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

4.

The effect of the proposed variance is in harmony with the general intent of this code and the specific intent of the relevant subject areas of the code.

B.

Imposition of conditions. In granting an approval involving a non-use variance, the planning and zoning board may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the variance.

(Ord. No. 2981, § 7(7.01.02(A), (B)), 8-12-2002)

7.01.03. Non-use variance expirations and extensions.

A.

A non-use variance granted under the provisions of this code shall automatically expire under the following conditions:

(a)

For variances granted with violation.

1.

If a building permit application and plans have not been submitted and accepted to the building and zoning department within six months from the date of granting of the non-use variance (or date of any final court order granting or modifying the variance), in accordance with specific plans for which that variance was granted.

2.

If a building permit is issued within the required time period, if work has not been completed and a certificate of occupancy has not been issued under that permit, upon the expiration of the building permit.

(b)

For variances granted without violation.

1.

For construction of development on vacant property. The approval of any variance shall automatically expired if no building permit application has been submitted to the building and zoning within 18 months from the date of granting of the non-use variance (or date of any final court order granting or modifying the variance), in accordance with specific plans for which that variance was granted.

2.

For construction of development to existing buildings. The approval of any variance shall not expire and run with the land as additional property rights.

3.

Variances are subject to plans and conditions specified in the approved ordinance or resolution. Any changes to the plans or conditions approved in the ordinance or resolution are subject to substantial compliance review by the zoning director.

4.

If changes to the plans or conditions approved under the ordinance or resolution do not meet the standards for substantial compliance, a new request to modify the previously approved plan shall be required.

B.

Extensions to expiring variances may be made by the planning and zoning board for up to one-year period Such extension shall be made by the applicant upon receipt of written to the department not less than 45 days before the expiration date of the approved variance, stating the reasons for the extension request.

C.

Any property having an expired variance as per the conditions in this section shall be required to reapply and comply with the existing regulations and fees under this code. In the event that the reapplication request address the same variance and project as originally requested, a credit of 50 percent shall be applied to the reapplication fee. Provided that the reapplication is made within six months of the original date that the variance was granted and that no other refunds or extensions have been made.

(Ord. No. 3683, Art. 1, 7-2-2012; Ord. No. 4630, § 2(Exh. A), 6-3-2020)

7.01.04. Non-use variance applications. Applications for a non-use variance shall include the following information:

(a)

Address, location and legal description of the subject property.

(b)

Existing zoning of property.

(c)

Proof of ownership acceptable to the city; or if applicant is a tenant, provide owner's sworn to consent affidavit.

(d)

Disclosure of interest (on form provided by city).

(e)

A statement as to the reasons for the requested variance.

(f)

A certified survey, prepared within one year from date of application, which shall include:

1.

An accurate legal description of the subject property; and

2.

A computation of the total area of the property in square feet and to the nearest tenth of an acre.

(g)

Recommendation of the zoning director.

(h)

A complete list of all property owners, mailing addresses and legal descriptions for all property within 300 feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse. Such list shall be accompanied by an affidavit stating that to the best of the petitioner's knowledge said list is completed and accurate.

7.02.01. Generally.

A.

Granted by city commission. The city commission may grant a use variance from the strict application of any provision in article II (Zoning) that pertains to permitted uses, if the following findings are made.

B.

Variances to be considered as part of development review. Any person desiring to undertake a development activity not in conformance with the provisions in article II (Zoning) that pertain to permitted uses may apply for a use variance in conjunction with the application for site plan review. A development activity that might otherwise be approved by the zoning director must be approved by the city commission if a use variance is sought. The variance shall be granted or denied in conjunction with the application for site plan review.

7.02.02. Limitations on granting use variance.

A.

Public hearing. The city commission shall schedule a public hearing upon receipt of an application for a use variance to be held within 31 days after receipt of same. Public notice of such hearing before the city commission shall be given in accordance with the Code of Ordinances of the City of Sweetwater. Upon conclusion of such public hearing, the city commission may consider the said application and, if it chooses to grant same, it shall do so by resolution of five-sevenths of its members.

B.

Required findings. The city commission shall not vary the requirements of any provisions in article II (Zoning) that pertain to permitted uses, unless it makes a positive finding, based on substantial competent evidence, on each of the following:

1.

That the proposed use variance will maintain the functional design and integrity of the adjacent neighborhood.

2.

That the use variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the neighborhood.

3.

Literal interpretation of the provisions of this code works unnecessary and undue hardship on the petitioner.

4.

That the use variance will not alter the essential character of the district in which is located the property for which the use variance is sought.

5.

That the use variance will be in compliance with the city's comprehensive master plan.

6.

That the use variance will be in harmony with and will not weaken the spirit and purposes of the zoning code.

7.

That the use variance, if granted, will not adversely affect the public health, safety or welfare of the city or its citizens.

C.

Imposition of conditions. In granting an approval involving a use variance, the city commission may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the use variance.

7.02.03. Use variance expirations and extensions.

A.

A use variance granted under the provisions of this code shall automatically expire under the following conditions:

(a)

For variances granted with violation.

1.

If a building permit application and plans have not been submitted and accepted to the building and zoning department within six months from the date of granting of the non-use variance (or date of any final court order granting or modifying the variance), in accordance with specific plans for which that variance was granted.

2.

If a building permit is issued within the required time period, if work has not been completed and a certificate of occupancy has not been issued under that permit, upon the expiration of the building permit.

(b)

For use-variances granted without violation.

1.

For construction of development on vacant property. The approval of any variance shall automatically expired if no building permit application has been submitted to the building and zoning within 18 months from the date of granting of the non-use variance (or date of any final court order granting or modifying the variance), in accordance with specific plans for which that variance was granted.

2.

Variances are subject to plans and conditions specified in the approved ordinance or resolution. Any changes to the plans or conditions approved in the ordinance or resolution are subject to substantial compliance review by the zoning director.

[3.]

If changes to the plans or conditions approved under the ordinance or resolution do not meet the standards for substantial compliance, a new request to modify the plans the previously approved plan shall be required.

B.

Extensions to expiring variances may be made by the planning and zoning board for up to one-year period, upon receipt of written request from the applicant not less than 45 days before the expiration date of the approved variance, stating the reasons for the extension request.

C.

Any property having an expired variance as per the conditions in this section shall be required to reapply and comply with the existing regulations and fees under this code.

(Ord. No. 4630, § 2(Exh. A), 6-3-2020)

7.02.04. Variance applications. Application for a use variance shall include the following information:

(a)

Address, location and legal description of the subject property.

(b)

Existing zoning of property.

(c)

Proof of ownership acceptable to the city; or if applicant is a tenant, provide owner's sworn to consent affidavit.

(d)

Disclosure of interest (on form provided by city).

(e)

A statement as to the reasons for the requested variance.

(f)

A certified survey, prepared within one year from date of application, which shall include:

1.

An accurate legal description of the subject property; and

2.

A computation of the total area of the property in square feet and to the nearest tenth of an acre.

(g)

A statement as to how the requested variance adheres to the review standards set forth in section 7.02.02.

(h)

Recommendation of the zoning director.

(i)

A complete list of all property owners, mailing addresses and legal descriptions for all property within 300 feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse. Such list shall be accompanied by an affidavit stating that to the best of the petitioner's knowledge said list is completed and accurate.

7.03.01. Generally.

A.

Granted by city commission. The city commission may grant a conditional use approval for those commercial uses noted with the (cu) prefix in article II of this code.

B.

Conditional uses to be considered as part of development review. Any person desiring to undertake a development activity which requires a conditional use approval may apply for a conditional use approval in conjunction with the application for site plan review. A development activity that might otherwise be approved by the zoning director must be approved by the city commission if a conditional use approval is sought. The conditional use approval shall be granted or denied in conjunction with the application for site plan review.

7.03.02. Limitation on granting conditional use approval.

A.

Public hearing. The city commission shall schedule a public hearing upon receipt of an application for a conditional use approval to be held within 31 days after receipt of same. Public notice of such hearing before the city commission shall be given in accordance with the Code of Ordinances of the City of Sweetwater. Upon conclusion of such public hearing, the city commission may consider the said application and, if it chooses to grant same, it shall do so by resolution of five-sevenths of its members.

B.

Review standards. Application for conditional uses shall be reviewed, with consideration given to the following:

1.

That the use is compatible with the existing natural environment and other properties within the neighborhood.

2.

That the use will create no substantial detrimental effects on property values in the neighborhood.

3.

That there will be adequate provisions for the traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.

4.

That there are adequate setbacks, buffering and general amenities in order to control any adverse effects of noise, light, dust and other nuisances.

5.

That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.

6.

Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent and general welfare, including but not limited to:

a.

Limitations on the hours of business operations.

b.

Limitations on the number of occupants of any building at any one time.

C.

Imposition of conditions. In granting a conditional use approval, the city commission may impose such conditions and restrictions upon the premises benefitted by the approval as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the conditional use.

7.03.03. Conditional use applications. Applications for a conditional use shall include the following information:

a.

Address, location and legal description of the subject property.

b.

Existing zoning of property.

c.

Proof of ownership acceptable to the city; or if applicant is a tenant, provide owner's sworn to consent affidavit.

d.

Disclosure of interest (on form provided by city).

e.

A statement as to the reasons for the requested variance.

f.

A certified survey, prepared within one year from date of application, which shall include:

1.

An accurate legal description of the subject property; and

2.

A computation of the total area of the property in square feet and to the nearest tenth of an acre.

g.

A statement as to why the requested conditional use will not create any adverse effects upon surrounding properties, and how it adheres to the review standards set forth in section 7.03.02.

h.

Recommendation of the zoning director.

i.

A complete list of all property owners, mailing addresses and legal descriptions for all property within 300 [feet of the subject parcel as recorded in the latest] official tax rolls in the county courthouse. Such list shall be accompanied by an affidavit stating that to the best of the petitioner's knowledge said list is completed and accurate.

(a)

Purpose and intent. The purpose of this section is to provide a procedure for property owners to obtain minor administrative variances or waivers of the land development code regulations pertaining to setbacks, height, lot coverage, parking and landscape open space regulations provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying regulations.

(b)

Authorized administrative variances and waivers. Notwithstanding any other provisions of this chapter to the contrary, the administrative official shall have the authority to, by administrative decision, approve, approve with conditions, or deny applications for the following administrative variances and waivers:

(1)

A reduction in the setback of principal structures for not more than 25 percent of that required by the underlying zoning district.

(2)

A reduction in the setback of accessory structures for not more than 50 percent of that required by the underlying zoning district.

(3)

An increase in building heights, and lot coverage of the principal structure, not to exceed 25 percent above that permitted by the underlying zoning district.

(4)

A waiver of dimensional standards for off-street parking spaces that are provided in excess of the number required in section 4.03.02 of the land development code.

(5)

A reduction of the landscape open space and buffering requirements of not more that 30 percent of that required by the underlying zoning district.

(c)

Exceptions. The following are exceptions where administrative variances or waivers shall not be authorized:

(1)

Administrative variances or waivers shall not be allowed within the University District, commercial, industrial, semi-professional office and trailer park zoning districts.

(2)

Variance or waiver of canopy carport regulations.

(3)

Variation of setbacks for more than two sides of a building or structure.

(4)

Where an administrative variance and/or waiver, if granted, would further a previously approved variance or waiver.

(5)

Where an administrative variance and/or waiver would result in creating a nonconformity of regulations and/or create an additional noncompliance with this chapter.

(d)

Applications, and signed consent of neighboring property owners, mailed notices.

(1)

The applicant must file a request to the building and zoning department in a form approved by the administrative official containing all the information necessary for the administrative official to make an administrative decision, which shall include, but is not limited to, identification of the specific provisions of this chapter from which an administrative variance or waiver is sought; the nature and extent of the variance or waiver; and the grounds relied upon to justify the approval of the variance or waiver.

(2)

Such application shall be accompanied by the required submittal documents and fee as determined by the administrative official, which may include, but shall not be limited to one of the following:

a.

A survey not older than one year.

b.

Site plan and elevations.

c.

Fee of $400.00.

d.

Signed consent of neighboring property owners.

1.

The signed consent of all contiguous property owners, including those located across the street from the subject site, shall be submitted by the applicant on a form prescribed by the administrative official, and on the site plan submitted for consideration.

2.

Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consents be required when a body of water completely separates the subject parcel from another parcel.

3.

If the applicant for an administrative variance or waiver is unable to obtain either the signed consent or objection of a neighboring property owner, the signature of that owner shall not be required if the applicant demonstrates section 7.04.00(2)(e), (f) has been complied with.

e.

Mailed notices. The applicant shall provide written mailed notice of the request for administrative variance or waiver to the abutting property owners. Such notice shall be deemed sufficient if it accurately describes the adjustment requested, if it informs the abutting property owners of the consequences of a failure to respond within a specified time, and if such notice is sent first class mail, return receipt requested, to the property owners of record, as reflected on the county property appraiser's tax roll, as updated; and the applicant for the administrative variance or waiver shall present proof acceptable to the administrative official one of the following two events has occurred:

1.

After 30 days from receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond; or

2.

The United States Postal Service has returned the notice as undeliverable.

f.

Exceptions. The administrative official may, where it is deemed that mail notice is not appropriate, may waive the requirements of signed consent of neighboring property owners, and mailed notices set forth in this section.

(e)

Inspection. Upon receipt of the application for an administrative adjustment, the administrative official, prior to making a decision, may inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative variance or waiver will have on the adjoining lots.

(f)

Criteria for granting an administrative variance or waiver. The administrative official shall review for the following standards when considering granting an administrative variance or waiver:

(1)

The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property;

(2)

The plan shall clearly illustrate water runoff solutions for the encroaching construction area;

(3)

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

(4)

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

(5)

Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance;

(6)

The proposed accessory building or structure is a normal and customary accessory to a residential use;

(7)

The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with this chapter and the Florida Building Code;

(8)

Notwithstanding the foregoing, no proposed administrative variance or waiver shall be approved where the administrative official determines that the proposed construction or addition:

a.

Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property;

b.

Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian-vehicular conflicts, or heightened risk of fire;

c.

Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations; or

d.

Will not be inconsistent or in conflict with the express purpose and intent of the regulations being varied or waived.

(g)

Conditions and safeguards. In granting an administrative variance or waiver, the administrative official may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to:

(1)

Landscape materials, walls, and fences as required buffering.

(2)

Modification of the orientation or deletion of any openings.

(3)

Modification of site arrangements.

(4)

Modification of plans.

(5)

Declaration of restrictive covenants limiting the use of the property.

(6)

Limitations on time or duration of approval of said variance or waiver, or for compliance.

(h)

Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff report, the administrative official shall review the information and render a decision, approving, approving with conditions, or denying the administrative variance or waiver request. No approvals or modifications shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal of the administrative official's decision as provided in subsection (i) of this section has been filed with the department. If a timely appeal of the administrative decision is filed, no approvals or modifications shall be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial review.

(i)

Appeals of decision. The applicant, or any aggrieved property owner in the area, may appeal the decision of the administrative official to planning and zoning board in the manner provided for in the code. In the event an appeal is made by an aggrieved property owner in the area, the administrative official may stop or suspend any permits, construction authorized by the approval, until a decision has been made on the appeal. In the event the administrative official should determine that the suspension of the construction could cause imminent peril to life or property he or she may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances.

(Ord. No. 4627, § 2(Exh. A), 6-3-2020; Ord. No. 4999, § 2(Exh. A), 10-16-2023)

7.05.01. Generally.

A.

Granted by city commission. The city commission may grant a special exception and/or unusual use from the strict application of any provision in article II (zoning) that pertains to permitted uses, if the following findings are made.

B.

Special exception or unusual use to be considered as part of development review. Any person desiring to undertake a development activity not in conformance with the provisions in article II (zoning) that pertain to permitted uses may apply for an application for site plan review. A development activity that might otherwise be approved by the zoning director must be approved by the city commission if a special exception or unusual use is sought.

7.05.02. Limitations on granting special exception of unusual use.

A.

Public hearing. Public notice of such hearing before the city commission shall be given in accordance with the Code of Ordinances of the City of Sweetwater. Upon conclusion of such public hearing, the city commission may consider the said application and. if it chooses to grant same, it shall do so by resolution.

B.

Required findings. The city commission shall not vary the requirements of any provisions in article II (zoning) that pertain to permitted uses, unless it makes a positive finding, based on substantial competent evidence, on each of the following:

1.

The development or proposed use would not have an unfavorable effect on the economy of City of Sweetwater or will not substantially or permanently injure the appropriate use of adjacent conforming property in the neighborhood.

2.

The development or proposed use would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction.

3.

That the development or use, if granted, will not adversely affect the public health, safety or welfare of the city or its citizens.

4.

That the development or use will not provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for exception or use in relation to the present and future development of the area concerned and the compatibility of the applied for exception or use with such area and its development.

5.

That the development or use will not alter the essential character of the district in which the property is located and for which the special exception and/or unusual use is sought would not generate or result in excessive noise or traffic.

6.

That the special exception or unusual use will be in harmony with and will not weaken the spirit and purposes of the zoning code.

C.

Imposition of conditions. In granting an approval involving a special exception or unusual use, the city commission may impose such conditions and restrictions upon the premises as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the use variance.

(Ord. No. 4739, § 1(Exh. A), 7-12-2021)

(a)

Prohibited in residential district. Any use of premises in a residential district which conflicts with normal and expected use in the district is prohibited.

(b)

Unusual and new uses.

(i)

Unless approved upon public hearing, the following unusual uses or uses similar as determined by the zoning director or designee thereto shall not be permitted in any district

(ii)

Residential complex. A complex of buildings used or intended to be used as one private home and residence containing the usual sleeping quarters, cooking, living, sanitary, ventilating, lighting and heating facilities where there is but one kitchen and dining facility, both contained in the same building, although other residential rooms may be in separate buildings but so planned and situated as to be used only as a residence by one family and not as separate rental units, may be permitted if approved after public hearing; and if so approved, an exception may be granted to the requirements for the spacing between the buildings of the complex, and to the setbacks from the property lines where the same abuts a waterway, body of water, park, playground, golf course, railroad right-of-way and similar open spaces.

(iii)

New uses. Those uses or enterprises similar to those enumerated in the commercial or industrial districts will be permitted in the commercial or industrial districts which permits one or more similar uses; provided the director finds that such new use is not more objectionable than the enumerated uses in such district, is similar thereto and will be compatible therewith. No use that is enumerated in any commercial or industrial district will be permitted in a more restrictive district.

(iv)

Excavation accompanied by class I or class IV permit. A public hearing for the following unusual uses or uses similar thereto within coastal or freshwater wetlands, as defined in section 24-3 of the Code of Miami-Dade County, shall be held by the city commission and shall include a simultaneous public hearing for class I or class IV permit applications as provided pursuant to section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested); Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(v)

Amendments or modifications to previously approved excavations accompanied by class I or class IV permit. The permit applicant shall obtain a public hearing before the city commission for amendments or modifications to the following previously approved unusual uses or uses similar thereto, said public hearing to be held simultaneously to the public hearing required for a class I or class IV permit application, as provided pursuant to section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested); Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(c)

Exception for sewer lift stations and pumping stations. Notwithstanding the requirements of section 33-13(e) or any other sections of this chapter, sewer lift stations and pumping stations, including generators in connection with such stations and any other structures necessary to their operation, shall not be considered an unusual use requiring a public hearing in any zoning district where:

(1)

Stations and accessory structures including generators in connection with such stations are required by the Miami-Dade County Water and Sewer Department or other service providers as a condition of service;

(2)

Stations and accessory structures including generators in connection with such stations are located and required to serve development(s) within the Urban Development Boundary (UDB) as indicated on the Comprehensive Development Master Land Use Plan Map (LUP);

(3)

A landscape plan for such stations has been submitted to and approved by the director, indicating hedges (a) a minimum of three feet in height when measured immediately after planting; and (b) planted and maintained to form a visual screen around the site within one year after the time of planting, except that openings shall be required for providing adequate ingress, egress, and maintenance to the site for the purpose of maintaining said stations and accessory structures; and

(4)

All fencing is to be provided on site in accordance with the requirements of section 33-11(g).

Additionally, where the requirements of this subsection have been met, lift stations and pumping stations, including generators and any other structures necessary to their operation, may be placed upon a site without regard to lot width, lot area, lot coverage or setback requirements established in this chapter [section} for the applicable zoning district.

(d)

Circuses or carnivals may be operated on Commercial or industrial districts greater than five acres in size, and on properties having a current certificate of use for church or school use without a public hearing as prescribed in the above paragraph, provided:

(1)

Written waivers of objection for the specific use and length of time that the carnival or circus will remain in the location are obtained from 50 percent of all property owners within 250 feet.

(2)

Written waivers of objection are obtained from 40 percent of homeowners and residential building owners and residential tenants within 500 feet and subsequent investigation by the director does not determine other objections, and provided further that no such use shall be for more than 15 days.

(3)

Carnival and circus use on school, church or shopping center premises shall be limited to four events per calendar year. The first two of such events shall not be subject to the restrictions listed in (g)(1) and (g)(2), provided that no such event shall be for more than 15 days.

(4)

The necessity for waivers of objection as enumerated in (d)(1) and (2) above shall be waived by the director on developed shopping center sites containing not less than 60 acres where the rides, tents and booths associated with the event are set back a minimum of 500 feet from any residential structure, providing subsequent investigation by the Director does not determine any objections related to health, safety, or welfare.

(e)

Farmers' markets may be operated on commercial and industrial sites having five acres or greater and on properties having a current certificate of use and shall submit a special event permit

(1)

Farmers' markets shall not operate more than once a week, from sunrise to sunset. A farmers' market operator seeking hours past sunset shall require city commission approval.

(2)

Farmers' markets sales shall be limited to the following:

(i)

Edible farm products including, but not limited to, fruits and vegetables, provided that a majority of the agricultural products offered for sale are grown in Miami-Dade County.

(ii)

Plants.

(iii)

Teas and spices.

(iv)

Locally prepared food such as jams, jellies, breads, cakes and similar products.

(v)

The on-site preparation of juices, smoothies, coffee, and similar items is allowed.

(vi)

Except as provided herein, the on-site cooking of food shall be prohibited. It is provided, however, that microwaves, hot plates, Sterno, or other similar warming devices may be used to warm pre-cooked foods.

(vii)

At least 51 percent of the products sold shall be fruits, vegetables and plants.

(3)

Farmers' markets may host healthy living, educational sessions, including healthy cooking demonstrations.

(4)

No permanent structures shall be erected, except that, where an existing structure is permitted for the primary use allowed on the property, the farmers' market may be conducted within that structure.

(5)

If the director determines that the farmers' market use becomes a hazard to health, safety, or welfare, the farmers' market use shall be discontinued.

(6)

A certificate of use shall be obtained for the farmers' market on an annual basis.

(i)

A certificate of use (CU) package for farmers' market sites shall be obtained, completed and submitted to the building and zoning department. The completed package shall include all of the following:

(a)

Notarized letter from property owner of record authorizing the farmers' market described in the application.

(b)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.

(c)

Verification that a majority of the farm products offered for sale are grown in Miami-Dade County.

(d)

The maximum number of vendors. This maximum number shall be indicated on the certificate of use.

(e)

Site plan or survey indicating the following:

(1)

General placement of the individual vendors.

(2)

Location of refuse facilities.

(3)

Location of on-site and off-site parking areas.

(4)

Rights-of-way, internal circulation and ingress and egress.

(5)

Class A (temporary signs) shall meet the requirements for special event signage, location, number and size shall be indicated on the site plan.

(7)

Farmers' markets located at city parks, shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(Ord. No. 4854, § 2(Exh. A), 8-1-2022)

7.07.01. Generally.

A.

Purpose. There is created or established a use variance to be known as a special use permit. Petitions for special use permits may be granted in individual cases where literal interpretation and strict enforcement of zoning and land use regulations would result in undue or unnecessary hardship to the petitioner; provided, however, that the special use permit will provide substantial justice and will not be contrary to the public interest.

B.

Granted by city commission. Upon petition of a property owner or authorized agent or representative, special use permits may be granted by the city commission. The city commission may require appropriate covenants and safeguards as a condition of granting any special use permit. Violation of such covenants and safeguards shall be deemed a violation of this Code and enforced in the same manner as other Code violations. Special use permits run with the land in the absence of any covenant or condition to the contrary.

7.07.02. Limitations on granting special use permits.

A.

Public hearing. Public notice of such hearing before the city commission shall be given in accordance with the Code. Upon conclusion of such public hearing, the city commission may consider the said application and, if it chooses to grant same, it shall do so by resolution.

B.

Required findings. In order to grant a special use permit, the city commission must review and make a determination based on the following criteria:

1.

The development resulting from the granting of such special use permit shall be in harmony with the general purpose and intent of this chapter and the land development code.

2.

The development resulting from the granting of the special use permit shall be consistent with the comprehensive plan.

3.

The granting of the requested special use permit will provide substantial justice and will not be contrary to the public interest.

4.

The granting of the requested special use permit shall not adversely affect the use and development of neighboring properties in accordance with the uses permitted within designated zoning districts.

(Ord. No. 4999, § 2(Exh. A), 10-16-2023)