This code shall be entitled the "Zoning and Land Development Regulations" and may be referred to herein as the "Code."

This Code is enacted pursuant to the requirements and authority of Section 163.3202, Florida Statutes, (the Local Government Comprehensive Planning and Land Development Regulation Act), the City of Virginia Gardens Charter effective in 1947.

1.3.1 The Revision of the Zoning Code

A.

This integrated Code is enacted to replace the zoning code with amendments that had been adopted piecemeal over the years and which were scattered throughout Chapter 16. Those scattered and in some instances redundant regulations lacked coordination and were difficult to find, administer and understand. The replacement of those regulations with a code whose topics are clearly identified and sequenced should greatly enhance the efficiency and effectiveness of land development regulation by the City.

B.

The Village of Virginia Gardens which may be referred to herein as the "Village" is essentially "built-out". This Code applies to renovations and code enforcement as well as to new developments or constructions.

C.

Where cited in parenthesis, previous ordinances are not rescinded and supplement in greater detail this Code.

D.

Fee amounts have been deleted from this Chapter and are now given elsewhere in the Code of the Village of Virginia Gardens.

1.4.1 Specific Findings Relating to the Various Subject Areas of this Code The Village of Virginia Gardens Council finds:

A.

Administration

1.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

2.

All development proposals should undergo a development review process to assure compliance with the requirements of this Code.

3.

A mandatory pre-application concept review conference requirement enhances communication and understanding between the City and the Developer thereby improving the efficiency of the development review process.

4.

Developments of large potential impact on the community should go through a more rigorous review process than others.

5.

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

6.

A quick, efficient and non-political avenue of appeal should be available for all ministerial and administrative decisions.

7.

Enforcement of development orders and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

With regard to this Code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the Village of Virginia Gardens Council:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in the Village.

B.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the Village in accordance with the Comprehensive Plan.

C.

To adopt a development review process that is:

1.

Efficient, in terms of time and expense;

2.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

3.

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the Village.

D.

To implement the Village of Virginia Gardens Comprehensive Plan.

E.

To provide specific procedures to ensure that development and modification orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency).

Florida law (Section 163.3194(1)(b), Fla. Stat. 1985) requires that all land development regulations be consistent with the comprehensive plan of the enacting local government. A land development regulation "shall be consistent with the comprehensive plan if the land uses, densities and intensities, or other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." This adopted Code meets this standard of consistency.

1.7.1 General

The provisions of this Code shall apply to all development in the Village of Virginia Gardens. No development shall be undertaken without prior authorization pursuant to this Code.

A.

Consistency With Plan

Nothing in this Code shall be construed to authorize development that is inconsistent with the Village Comprehensive Plan.

1.8.1 Technical Construction Standards

The Florida Building Code, the Public Works Manual of Miami-Dade County, and the standards of Miami-Dade County Water and Sewer Department, all of the latest issue, are here incorporated into this Code by reference.

1.8.2 Maps

The Village of Virginia Gardens Future Land Use Map, of latest issue, is here incorporated into this Code by reference and is attached as Appendix I. There is no zoning map.

1.8.3 Other Materials

Reserved.

1.9.1 General

In the interpretation and application of this Code all provisions shall be:

(1)

considered as minimum requirements;

(2)

liberally construed in favor of the objectives and purposes of the Village; and

(3)

deemed neither to limit nor repeal any other powers granted under state statutes.

1.9.2 Responsibility for Interpretation

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the Village Chief Building Official in consultation with Village Attorney Engineer shall be responsible for interpretation and shall look to the Village Comprehensive Plan for guidance. Responsibility for interpretation by the said official shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any council, board or official named in other sections or articles of this Code.

1.9.3 Specifically

The language of this Code shall be interpreted according to the following rules unless that interpretation would be inconsistent with the manifest intent of the Village of Virginia Gardens Council.

A.

Computation Of Time

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

B.

Delegation Of Authority

Whenever a provision appears requiring the head of a department or some other Village officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

C.

Gender

Words importing the masculine gender shall be construed to include the feminine and neuter.

D.

Number

Words in the singular shall include the plural and words in the plural shall include the singular.

E.

Shall, May

The word "shall" is mandatory; "may" is permissive.

F.

Tense

Words used in the past or present tense include the future as well as the past or present.

G.

Written, In Writing

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

H.

Year

The word "year" shall mean a calendar year, unless otherwise indicated.

I.

Day

The word "day" shall mean a calendar day, unless a working day is indicated.

J.

Boundaries

Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

1.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

2.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

1.11.1 Single-family and duplex dwellings certificate of re-occupancy

1.

No person, firm, corporation, or entity of any kind may buy, sell, convey, or otherwise transfer any single-family or duplex dwelling unit within the Village of Virginia Gardens without first obtaining a re-occupancy certificate issued by the director of code enforcement or the director's designee.

2.

No person, firm, corporation, or entity of any kind may close on the transfer or conveyance of any single-family or duplex dwelling unit owned by such person, firm, or corporation or entity, without first disclosing by written notice to the buyer, grantee, or transferee the fact that a certificate of re-occupancy is required by the code enforcement ordinance of the Village.

1.11.2 Application

Application for a certificate of re-occupancy shall be made by the owner, seller or other transferor, or the designated agent of such individuals or entities, upon a form provided by the Village.

1.11.3 Fee

The applicant shall pay a fee of $50.00 for the inspections and Certificate of Re-Occupancy.

1.11.4 Issuance of Certificate

Within ten (10) days of receipt of the application and fee, an inspector shall inspect the dwelling and, if such dwelling is found to be in compliance and in conformance with the provisions of the applicable zoning, occupancy, and safety code, rules, and regulations, a certificate of re-occupancy shall be issued. If the dwelling is not in compliance or conformance with such provisions, the director or the director's designee shall indicate by itemized list the corrective action required, and the certificate of re-occupancy shall be withheld unless and until the applicable provisions of the zoning and occupancy code are complied with, to the reasonable satisfaction of the director or the director's designee.

1.11.5 Contents of Certificate

The certificate of re-occupancy, if issued, shall state that the director or the director's designee inspected the dwelling and has determined that the dwelling is in compliance with the applicable provisions of the zoning, occupancy, and safety code, rules and regulations of the Village pertaining solely to the requirement that each individual unit is used, designed, or intended to be occupied and used for a single-family residential purpose only, as required by the zoning and occupancy code, rule, or regulations.

1.11.6 Restriction on Inspection

Information gained or conditions observed in the course of an inspection conducted pursuant to the authority of this "certificate of re-occupancy" ordinance shall not be utilized by the code enforcement officers of the Village as the basis for issuing, initiating, or otherwise pursuing any code enforcement violation proceedings other than for a violation of the relevant provisions of the health, safety, zoning, use, and occupancy code, rules, or regulations pertaining to single-family use and occupancy directly addressed by the inspection made under this ordinance. This shall not preclude other enforcement action brought upon the basis of information gained or violation observed by other lawful means.

1.11.7 Authority to Settle

The Chief Building Official in consultation with Village Attorney shall have authority to enter into Settlement Agreements and issue Conditional Certificates of Re-Occupancy which shall be executed by the Buyer and Seller. A Conditional Certificate of Re-Occupancy shall not be issued where life-safety violation exist on the property.

1.11.8 Penalty

Any person who violates any of the provisions of this Section 1.11 shall be subject to a fine which shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and which shall not exceed five hundred dollars ($500.00) per day for a repeat violation.

1.11.9 Cost

If it is determined that a violation of this Section 1.11 was committed, all cost associated with the investigation and enforcement proceedings shall be assessed against the violator.

1.11.10 Liens

Any fine imposed for violation of this Section 1.11 or any assessment of costs related to the enforcement proceedings shall constitute a lien against the property of the violator, in accordance with Section 162.09(3), F.S.