9.1.1 Purpose

This Article sets forth the agencies and boards and the application review procedures required for obtaining development orders, and certain types of permits. This Article also specifies the procedures for appealing decisions and seeking legislative action.

9.1.2 Withdrawal of Applications

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

9.1.3 Development or Development Activity

Any of the following activities:

A.

Construction, clearing, filling, excavating, grading, paving, drilling or otherwise significantly disturbing the soil of a site.

B.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

C.

Subdividing land into three or more parcels.

D.

A tree removal for which authorization is required under this Code.

E.

Erection of a permanent sign unless expressly exempted by Article VII of this Code.

9.1.4 Procedures for Processing Variances and Land Use Applications

1.

All land use applications shall be submitted in writing, in a form provided by the Village Clerk.

2.

All land use applications shall be accompanied by all of the following:

A.

A true and correct copy of the deed to the property;

B.

A survey of the property showing the boundaries and all construction existing on the property, including a notation of:

1.

the exact amount of total square footage comprising the property,

2.

the total square footage of existing construction and impervious surfaces, and

3.

the percentage of impervious surface and non-impervious surfaces;

C.

A survey depicting the proposed construction, use, or specific area affected by the land use sought; and

D.

A full set of plans and specifications for the proposed projects.

3.

All land use applications shall be reviewed by the building official for compliance with relevant building and land use codes, rules, and regulations, prior to proceeding to any hearing before the Planning and Zoning Board.

4.

All land use application must be reviewed by the Village Attorney for compliance with relevant laws and land use regulations, prior to proceeding to any hearing before the Planning and Zoning Board.

5.

The Village Clerk shall send via United States Mail, a written notice explaining the proposed land use sought to all resident or property owners within five hundred (500) feet from the property affected by the proposed land use application. This notice shall be sent out no less than thirty (30) days prior to the date when the matter is scheduled to be before the Planning and Zoning Board, and shall advise the residents or property owners of the date, time, and place of the meetings of the Planning and Zoning Board and Village Council at which the matter will be considered, advising the residents or property owners of their right to voice their position on the proposed application.

6.

After review and approval for code and legal compliance and sufficiency, the application shall be placed on an agenda for hearing before the Planning and Zoning Board, which shall consider the application and recommend for either approval or denial for the requested land use. The recommendation shall be transmitted to the Village Council through the Village Clerk, and placed on the agenda of the next Council meeting consistent with the notice sent to the residents.

7.

All land use requests shall be adopted only by Ordinance, after two (2) hearings before the Village Council, adhering to the following procedure:

(1)

written notice explaining the proposed land use change, shall be published/advertised no less than thirty (30) days prior to the first public hearing on the proposed land use ordinance;

(2)

the Council shall hold two (2) advertised public hearings on the proposed land use ordinance, with an advertised notice at least five (5) days prior to the second hearing.

9.2.1 Village Agencies and Entities

A.

Meetings Of Village Council

Meetings of the Village Council with reference to zoning, variances and special exceptions shall be in accordance with the rules of procedure for regular Village Council meetings. This shall include, but not be limited to, the meeting being public, a record being made thereof and being on file with the Village Clerk, and a decisive vote shall be by the vote of a majority of Village Council members.

B.

Special Masters

Special Masters designated and determined to be qualified by the Village Council shall have the authority to adjudicate code and ordinance violations concerning the subject matter, as provided for by the Florida statutes; the charter and ordinances by the Village having the same power as code enforcement boards.

9.2.2 Boards

A.

Planning and Zoning Board

This Board shall have the duty to hear all matters concerning zoning and zoning variances. After hearing the matter before them, the Board shall make a written recommendation to the Village Council of the action they believe to be taken.

1.

The Planning and Zoning Board shall establish rules and regulations for its own operation not inconsistent with the provisions of applicable state statutes or this chapter.

2.

The Planning and Zoning Board shall meet at the call of the chairperson, at the written request of three or more regular members, or within 30 days after receipt of a matter to be acted on by the Board. Three members of the Board shall constitute a quorum. All meetings of the Board shall be public and a record of all resolutions, transactions, findings, and determinations shall be made, which shall be a public record on file in the office of the Village Clerk.

9.3.1 General

No development activity may be undertaken unless the activity is authorized by a development permit.

9.3.2 Prerequisites to Issuance of Development Permit

A development permit may not be issued unless the proposed development activity:

1.

Is authorized by a Final Development Order issued pursuant to this Code; and

2.

Conforms to the Miami-Dade County Chapter 28, Public Works Manual, Parts I and II, Standard Details and to the Miami-County Water and Sewer Department manual of standards and specifications, hereby adopted by reference.

3.

Is located on a platted lot, except that the Village Council may waive platted lot compliance in accordance with Section 28-4 of the County Code.

4.

Provides that public facilities and services to be furnished shall be guaranteed in an enforceable agreement.

9.3.3 Exceptions to Requirement of a Final Development Order

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code.

A.

The construction or alteration of a one or two family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this Code. Compliance with development standards in this Code is not required if in conflict with the previously r approved plat.

B.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site, and it conforms to the standards given in Article VI.

9.3.4 Post-Permit Changes

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the Village.

If development is not commenced within one year from the date of approval of the site plan, the approval shall become null and void and the site may not be developed in accordance with the plan. If development is permitted in stages, subsequent stages may be commenced within 18 months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plat and the approval shall be null and void. Commencement of construction shall include, where necessary, substantial site improvements which shall include, but not be limited to, active and continuous road improvements, excavation, grading and leveling, installation of utilities, and the like.

9.5.1 Site Plan Review

A.

All new development and subdivision of real property into three or more lots or units shall be subject to site plan review. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Planning and Zoning Board shall review plans for compliance with land use regulations and development standards of this Code for compliance with the site plan review criteria. The recommendations of the Planning and Zoning Board shall be transmitted to the Village Council for their consideration.

9.5.2 Review Procedure for Developments

A.

Application

Applications for all permitted uses with site plan review shall require the submission of a site development plan in accordance with the provisions of this section. No certificate of occupancy shall be issued for any building or buildings unless all facilities included in the approved site plan have been provided.

B.

Consultants Review

The Village may, if in its opinion it is necessary, retain consultants to assist in the review of an application for site plan review. The cost of retaining the consultants shall be borne by the applicant in the manner set forth within a separate ordinance concerning permit fees.

C.

Submission Procedure

An application for a site plan review shall be made to the Review Coordinator prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the Village where a public hearing is required have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to the submission of an application for site plan review. The Planning and Zoning Board shall, as soon as possible, but within 60 days of the original acceptance date by the Village, review the Preliminary Plat application and recommend to the Village Council approval as submitted; approval with changes or special conditions; or disapproval. After review by the Planning and Zoning Board, the written recommendations of the Board shall be transmitted to the Council and a public hearing shall be conducted before the Council, who shall deny, approve, or approve the Preliminary Plat subject to certain conditions.

D.

Public Hearing

A public hearing before the Council is required as set forth in division C above; however, any public hearing required by other provisions of this Code or other ordinances of the Village shall be held prior to site plan review.

9.5.3 Findings

The Village Council granting or denial of approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without changes or special conditions, or for the disapproval. The resolution shall set forth with particularity in what respects the plan would or would not be in the public interest including, but not limited to findings of fact and conclusions on the following:

1.

In what respect the plan is or is not consistent with the Comprehensive Plan and the purpose and intent of the land use district in which it is located.

2.

In what respect the plan is or is not in conformance with Development Design and Improvement Standards, Article VI, or other Articles or provisions of this Code.

9.5.4 Submission Requirements

Any application for Preliminary Plat approval shall include the following information:

A.

The location and size of the site, including its legal description and a current certified survey.

B.

The recorded ownership interests including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

C.

The relationship of the site to existing development in the area including streets, utilities, residential and commercial development, and physical features of the land including pertinent ecological structures.

D.

The density or intensity of land use to be allocated to all parts of the site to be developed.

E.

The location, size, and character of any common open space and the form of organization proposed to own and maintain any common open space.

F.

The use and the number of stories and approximate height, bulk, and location of all buildings and other structures.

G.

The requirements as set forth in Article VI of this Code, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

H.

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.

I.

In the case of plans which call for development over a period of years, a schedule showing the approximate times within which applications for building permits are intended to be filed.

J.

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

K.

A demonstration that the proposed development does not degrade adopted levels of service in the Village (see Article V).

9.6.1 Plat Requirements

All plats, replats, or petitions for waiver of plat shall comply with the following requirements:

A.

The provisions of Chapter 28 of the Miami-Dade County Code of Ordinances and the provisions of this Code.

B.

The final plat shall have incorporated all changes or modifications as required to make the Tentative Plat conform to the requirements of this Code. Otherwise, it shall conform to the Tentative Plat, and it may constitute only that portion of the approved Tentative Plat which the developer proposed to record and develop at the time, provided that such portion conforms with all requirements of this Code.

C.

No building permit shall be issued for any structure on a lot within the Village unless the lot is a lot within a plat which has been approved and recorded in the manner prescribed by law unless the recording of the plat is not required, waived, or excepted by this Code. All applications for plat, replat or waiver of plat shall be submitted to the Planning and Zoning Board on such forms and with attachments, exhibits, and information required by the Village and the County.

D.

The Planning and Zoning Board shall determine the following:

1.

Whether or not the proposed plat, replat or waiver of plat conflicts in any respect with the Comprehensive Plan of the Village.

2.

If all documents required by law and this Code are attached to the application.

3.

Whether the application is accompanied by a deposit of costs of no less than the amount given in the Article on fees and payable to the Village to defray the cost of the Village incurred in checking the application for plat, replat or waiver of plat and investigating all representations prior to final approval including survey and legal expense. All amounts in addition to the said sum shall be paid to the Village prior to recording of the plat, replat or waiver of plat. The applicant shall pay all County charges or fees.

4.

Requires improvements for a major development and that a Performance Bond be posted guaranteeing satisfactory completion of the project within three years. The amount shall equal one hundred ten (110) percent of the cost of improvements of which one hundred (100) percent of the bond shall be released upon completion of the improvements and ten (10) percent retained for one year for maintenance or correction of defects by the developer.

5.

Requires dedications or reservations.

6.

May be submitted to the Planning and Zoning Board for advisory opinion by the Mayor.

7.

Upon approval by the Village Council, the applicant shall submit the proposed plat, replat or waiver of plat to the plat division of Miami-Dade County in accordance with law. Upon approval by the County Plat Division, the plat, replat or waiver of plat shall be recorded in the records of the office of the Clerk of the Circuit Court.

A.

Conversions

No single-family dwelling shall be converted to any other use except the use granted at the time a building permit was applied for, with the exception that a single-family dwelling may be rented as a single-family dwelling, but not as a multiple-family dwelling. Conversions of multi-family units from rentals to any form of individual ownership shall be in compliance with all provisions of this Code. Each dwelling shall have adequate light, air, heating, and plumbing facilities. All density and lot area requirements for the converted structure within the district in which it is located shall be complied with provided that each converted dwelling unit shall have at least 800 square feet of floor area.

B.

Requirements

The over-all density shall not exceed the maximum permitted in the district.

9.7.1 Additions to Single-Family Residences

A.

Building Permits

Prior to the issuing of any building permits for additions, the applicant or owner of the premises wherein said addition is to occur shall file an affidavit stating that the addition will not be used for rental purposes while the owner resides on the property and if the residence is rented in its entirety, no portion of said premises should be separated for rental.

The Village Council may, from time to time, amend, supplement, or repeal the regulations of this chapter after public notice and hearings provided by law and upon initiation on its own motion or on petition.

A.

Zoning and Land Development Regulations Powers of Village Council

The Village Council shall be empowered to act as the final body with regard to any and all powers and duties enumerated under Chapter 16 of the Code entitled "Zoning and Land Development Regulations". Its decision shall be final and all matters before it shall be deemed quasi-judicial in nature subject to its sole discretion and reviewable only to the extent of such action being arbitrary and capricious. It may at any time waive the requirements of Section 2-95 of the Village Code (Planning and Zoning Board) provided, however, no such waiver shall be effective unless there is a 4/5th vote of the Council. Notwithstanding recommendations made by the Planning and Zoning Board, the Council may consider any matter under Chapter 16 de novo and not be bound by such recommendation.

B.

Procedures to Appeal Zoning Decisions of the Village Council

Should any interested party desire to appeal any action of the Village Council with regard to any matter concerning Chapter 16 entitled "Zoning and Land Development Regulations", then such interested person shall file an appeal in accordance with the Florida Rules of Civil Procedure to the Circuit Court Appellate Division within Miami-Dade County, Florida, within thirty (30) days from the date final action is taken by the Village Council on any such matter.

Whenever the fee simple owner of any property desires a change in land use classification, a change of conditions or regulations of any district, or any other provision of this chapter, he shall make written application to the Village Clerk in a form as provided by the Village together with evidence that a deposit of the appropriate fee as set forth in a separate ordinance to cover the cost of notice for a public hearing therein has been made with the Village. The written application shall be signed by the owner or his agent. The application shall be accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and the applicable state law. The Planning and Zoning Board, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice but shall in any case if any change is to be considered by the Planning and Zoning Board, submit in writing its recommendations on the proposed change to the governing body for official action. The Village Council shall then proceed to amend, supplement, repeal, or leave unchanged the regulations in accordance with the applicable provision of local and state law.