§ 28-4.2. Same—Administrative prohibition of action on or approval of tentative plats and waivers of plats in unincorporated Miami-Dade County and vested rights procedure.

(a)

Administrative prohibition of action on or approval of tentative plats and waiver of plats.

(1)

Whenever any zoning hearing for a district boundary change within the unincorporated area is initiated by the Director of the Department of Planning and Zoning, the County Manager may order that no tentative plat or waiver of plat, pertaining to any or all property involved in the application shall be acted upon or approved until the hearing upon said application has been finally concluded in accordance with the provisions of this Code. No such order shall issue unless the County Manager first determines that the processing and approval of tentative plats and waiver of plats would create a risk of land use contrary to the zoning which is most appropriate for the area. Said order shall not prevent processing and approval of a tentative plat or waiver of plat which would be permissible if the Director's application were granted.

(2)

Should the County Manager issue an order pursuant to this section, administrative personnel shall schedule the zoning application for the first public hearing date after appropriate legal notice. The Manager's order shall expire upon final action upon the zoning application. If the application for zoning change is not decided at the hearing for which it is first scheduled, the Board of County Commissioners shall at said time decide whether the Manager's order shall remain in effect and the Board shall review the continued effectiveness of the order at any subsequent hearing to which the application is deferred and not decided.

(b)

Vested rights.

(1)

Any property owner claiming a vested right to obtain action upon or approval of a tentative plat or waiver of plat contrary to this section may submit an application for a determination of vested rights to the Miami-Dade County Plat Division.

The application shall have attached an affidavit setting forth the facts upon which the applicant bases his claim for vested rights. The applicant shall also attach copies of any contracts, letters and other documents upon which a claim of vested rights is based. The mere existence of zoning shall not vest rights.

(2)

The Miami-Dade County Plat Division shall review the application and determine whether the applicant has demonstrated:

a.

An act of development approval by an agency of Metropolitan Miami-Dade County,

b.

Upon which the applicant has in good faith relied to his detriment,

c.

Such that it would be highly inequitable to deny the landowner the right to obtain action on or approval of a tentative plat.

(3)

Any appeal of the Miami-Dade County Plat Division's determination shall be made following the procedures outlined in Section 28-7(f) Code of Metropolitan Miami-Dade County.

(4)

The provisions of this subsection (b) shall not prohibit the Board of County Commissioners from considering the issue of vested rights during other hearings where such rights are in issue, provided that a decision upon a claim of such rights shall be a final determination thereof and further administrative hearings thereon shall be neither required nor permitted.

(Ord. No. 84-94, § 1, 12-4-84; Ord. No. 91-121, § 1, 9-16-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 1, 9-3-98)