§ 2-116.10. Area planning reports—Legal status.

Accepted area planning reports prepared or amended pursuant to Sections 2-116.2 through 2-116.9 are hereby declared to be nonbinding informational considerations available to the Board of County Commissioners, the County Manager and to county agencies, departments and personnel responsible for a) preparing recommendations for, or acting on, amendments to the Miami-Dade County Comprehensive Development Master Plan and applications for zoning relief, b) preparing or administrating land development regulations, or c) any other matter proposed as part of such area planning report. Area planning reports are declared to be informational only and not a part of the Miami-Dade County Comprehensive Development Master Plan. However, the acceptance of an area planning report pursuant to this process shall constitute a directive to the Department of Planning and Zoning to file official requests for the various implementing actions proposed in the report.

Notwithstanding any inconsistencies or ambiguities between any existing neighborhood study or area study adopted by the Board of County Commissioners as of the effective date of this ordinance, and the Comprehensive Development Master Plan (CDMP), the CDMP shall govern.

Furthermore, land uses permitted by the CDMP shall not be limited or constrained by the provisions of any area planning report or of any area study or neighborhood study adopted or accepted prior or subsequent to such effective date. It is provided, however, that this paragraph shall not limit the informational or advisory status of any area or neighborhood study as otherwise provided by ordinance.

No area planning report, nor any other planning study, shall in itself constitute a finding of land use or zoning inconsistency with the comprehensive development master plan. Such findings of inconsistency shall be made only by the Board of County Commissioners in conjunction with particular zoning actions. In furtherance hereof, the Board of County Commissioners declares its policy and intent to evaluate and consider its public actions involving or affecting land use and development, including action on applications for comprehensive development master plan amendments and for zoning action in relationship to area planning reports, if applicable, in addition to considering all other criteria established by ordinance or otherwise required for consideration by law.

(Ord. No. 92-46, § 1, 6-2-92; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 1, 9-3-98)