All applications for variances of floating structures and fixed structures prohibited
by Sections 24-48.23 and 24-48.24 of this Code shall be heard and ruled upon by the Board of County Commissioners.
Any person requesting said variance shall submit a standard form class I coastal construction
application and application fee to the Department, which shall review said application
and make a recommendation to the Board of County Commissioners for approval, denial
or approval subject to conditions, limitations or restrictions for the proposed variance.
The Board of County Commissioners shall hold a public hearing concerning the proposed
variance. A notice of the time and place of said public hearing shall be published
in a newspaper of general circulation in Miami-Dade County a minimum of seven (7)
days prior to the public hearing. Said notice shall include a brief description of
the proposed work and the location of the proposed work. A courtesy notice containing
substantially the same information set forth in said published notice shall be mailed
to those parties whose names appear on the application as the owners of all riparian
or wetland property within three hundred (300) feet of the proposed work. Failure
to mail or receive said courtesy notice shall not affect any action or proceeding
taken thereunder. The Director, when making the Director's recommendation to the Board
of County Commissioners, and the Board of County Commissioners, when considering the
variance request, may consider any or all of the following factors: Visual or physical
access by the general public to Biscayne Bay and its adjacent tidal waters, historical
significance, the need for covered vessel repair facilities, environmental impact
or cumulative environmental impact, navigation, public safety, aesthetics, the provisions
of Section 258.397 F.S., which established the Biscayne Bay Management Plan (Section 33D-1 through 33D-4), the Biscayne Bay Aquatic Preserve Act (Section 258.397 F.S.), the Rules of the
Biscayne Bay Aquatic Preserve (Chapter 18-18 F.A.C.) as well as the evaluation factors
contained within Section 24-48.3. The Board of County Commissioners shall, after holding the public hearing, approve,
deny or approve subject to conditions, limitations or restrictions, the variance proposed
under the application.
If the Board of County Commissioners approves a variance, the procedures concerning
issuance of a permit contained within Section 24-48.5 shall be followed.