§ 33-36. Variances and conditional permits.

The Director, as herein provided, shall have the power to grant variances in the application of any provision of this chapter, where no adjoining property rights are interfered with, under the conditions stated in this section, and to issue conditional permits therefor for the following purposes. Each conditional permit shall state a time limit for the fulfillment of the condition governing its issue and shall be revokable where said conditions are not met, and a reasonable bond may be required to assure fulfillment of such conditions.

(a)

Pending zoning changes. Use of a lot or lots in any subdivision pending the amendment of district boundaries within said subdivision in accordance with recommendations of the Director, provided a map of such subdivision has been approved by the Director subsequent to the passage of this Code and is duly recorded in the Office of the Clerk of the Circuit Court of Miami-Dade County.

(b)

In GU, Interim District. Use of land in undeveloped sections of the GU Interim District, before placing structures thereon or making other new uses therefor, provided:

(1)

Such uses are consistent with and not in contravention with the requirements of this chapter and the present and probable future uses of the neighborhood, and

(2)

That where the area of land involved is less than five (5) acres the area and shape of said land shall be such as would be acceptable for platting, and

(3)

Application is made at the same time, in a form acceptable to the Director, to establish boundaries for a suitable district to cover the area where a new use or change of use is intended, and

(4)

A plat shall be submitted and tentative approval of the Director obtained thereon for any use involving three (3) or more buildings to be used for residential or commercial purposes other than farming, and

(5)

That for land to be used for a structure or use connected with farming, the area, setback and other requirements of this chapter shall be complied with, and a plat will not be required.

(c)

Temporary field offices. Use of a lot or lots for temporary field sales or construction office during specified periods of time, provided map of said subdivision has been approved by the Director. Plans for any such temporary building or buildings shall also require approval of the Director.

(d)

Property split by district boundary. Extension of a district when its boundary splits a privately owned lot.

(e)

Setbacks; lot area. Variation, the purpose of which is to conform to front line requirements of the rest of the block; to allow a reduction in the minimum lot area requirements or setback where the shape of the building lot or location of existing nearby buildings justifies such variance.

(f)

Pending survey to verify distances. Issuance of a permit conditional upon the owner's submitting a certified survey to verify distances shown on the plans filed with the application.

(g)

Special uses. Other special types of special usage, such as temporary stands, landing fields, public buildings or structures for temporary use, temporary refuse dumps, etc. For other special or unusual uses permitted herein, where any question exists regarding the possibility of said special or unusual use conflicting with or encroaching upon other legally existing uses in any district.

(Ord. No. 57-19, § 38, 10-22-57)