§ 33-36.1. Administrative adjustment procedure.

(a)

Purpose. The purpose of this section is to provide a procedure for certain residential property owners to obtain minor administrative adjustments to the setback, lot coverage and building spacing requirements specified in the underlying zoning district regulations, provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying district regulations.

(b)

Applicability. Notwithstanding any other provisions of this chapter to the contrary, the Director shall, by administrative decision, approve applications for limited adjustments from setback, lot coverage and building spacing requirements for single-family residence, duplex, townhouse and accessory residential uses located in RU and EU districts, and for single-family residential and accessory residential uses in the AU or GU districts.

(c)

Limitations and exclusions. Applications for administrative adjustment shall be subject to the following limitations and exclusions:

(1)

Administrative adjustment approvals shall be limited to those lots within an area where at least seventy-five (75) percent of the lots in the immediate vicinity, as defined in section 33-1(58.1), have already been developed or platted.

(2)

A setback shall not be adjusted below fifty (50) percent of that required by the underlying district regulations.

(3)

Lot coverage for a principal and/or accessory structure shall not be increased by more than ten (10) percent of that required by the underlying district regulations.

(4)

Spacing between structures on the same lot may be reduced; provided, however, in no event shall such spacing be less than 5 feet.

(5)

Unless specifically permitted by the underlying zoning regulations, no accessory building shall be placed in front of the front building line of the principal building.

(6)

Under this section, no application shall be made for nor shall approval be granted for an adjustment to canopy carport regulations.

(d)

Application.

(1)

Filing. An application for administration adjustment shall be made by one of the following:

(a)

The owner of the property on a form prescribed by the Department. For the purposes of this section the term "owner" shall mean the person who owns and resides at, or owns and intends to reside at, the subject premises; or

(b)

Qualified developers participating in "The Infill Housing Initiative" pursuant to Article VII, Chapter 17 of this Code. A declaration of restrictive covenants in recordable form and approved by the Director shall be submitted by such qualified developer, together with the application for administrative adjustment. Such declaration of restrictive covenants shall certify that the subject property shall be sold in accordance with "The Infill Housing Initiative;" or

(c)

The developer of six (6) or fewer residences within an existing platted subdivision, provided that only one such application may be filed by any developer within the same subdivision.

(2)

The application shall include:

(a)

a certified land survey, performed in accordance with Florida Administrative Code, dated within one year proceeding the filing date of the administrative adjustment application, providing such survey reflects all current conditions of the subject property;

(b)

accurately dimensioned plans showing the location of the proposed construction in relation to the existing structure(s) and the general location and use of existing structures on property adjacent to the subject property;

(c)

additional plans as may be required by the Director; and

(d)

a letter of intent explaining the reason and justification for the proposed administrative adjustment. It is provided however, that such survey shall not be required to depict municipal boundaries as required by Section 33-304(a).

Except as otherwise provided in this subsection, the application shall be accompanied by the signed consent of all contiguous property owners, including those located across the street(s) from the subject site, shall be submitted by the applicant on a form prescribed by the Director, and on the site plan submitted for consideration. Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consents be required when a body of water completely separates the subject parcel from another parcel.

If the applicant for an administrative adjustment is unable to obtain either the signed consent or objection of a neighboring property owner, the signed consent of that owner shall not be required when the following conditions have been met:

(a)

Written notice of the request for administrative adjustment is provided to the neighboring property owner. Such notice shall be deemed sufficient if it accurately describes the adjustment requested, if it informs the neighboring property owner of the consequences of a failure to respond, and if such notice is sent first class mail, return receipt requested, to the property owner of record, as reflected on the Miami-Dade County Property Appraiser's tax roll, as updated; and

(b)

The applicant for the administrative adjustment shall present proof acceptable to the Department that a notice meeting the requirements of (a), above, has been sent, and that one of the following two events has occurred:

(i)

After 90 days from receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond; or

(ii)

The United States Postal Service has returned the notice as undeliverable.

(e)

Inspection. Upon receipt of the application for an administrative adjustment, the Director, prior to making a decision, may have a staff member inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative adjustment will have on the adjoining lots.

(f)

Review standards. The following standards shall be applied in considering an administrative adjustment:

(1)

No more than two sides of the encroaching construction shall be considered for a setback adjustment (all prior setback variances, administrative adjustments and alternative site development options shall count toward this limitation); and

(2)

No prior setback, lot coverage or building spacing variance(s), administrative adjustment(s) or alternative site development option(s) shall be further changed by administrative adjustment; and

(3)

The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property; and

(4)

The plan shall clearly illustrate water runoff solution(s) for the encroaching construction area; and

(5)

The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holder(s) is obtained and submitted prior to permit issuance; and

(6)

The applicant provide written certification from a registered architect or engineer that the existing encroaching construction complies, or can be made to comply with all applicable construction codes, including, but not limited to, the Florida Building Code, the applicable Fire Prevention Code and other zoning regulations; and

(7)

Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance; and

(8)

The proposed accessory building or structure is a normal and customary accessory residential use; and

(9)

The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with the Code of Miami-Dade County and the Florida Building Code.

(10)

Notwithstanding the foregoing, no proposed administrative adjustment shall be approved where the Director determines that the proposed construction or addition:

(i)

Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property; or

(ii)

Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian- vehicular conflicts, or heightened risk of fire; or

(iii)

Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations.

(f)

Conditions and safeguards. In granting an administrative adjustment, the Director may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to:

(1)

Landscape materials, walls, and fences as required buffering.

(2)

Modification of the orientation or deletion of any openings.

(3)

Modification of site arrangements.

(4)

Modification of plans.

(g)

Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff report, the Director shall review the information and render a decision, either approving, approving modified or denying the administrative adjustment request. A copy of said decision shall be published in a newspaper of general circulation. No approvals or modifications shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal of the Director's decision as provided in subsection (h) herein has been filed with the Department. If a timely appeal of the administrative adjustment is filed, no approvals or modifications shall be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial review.

(h)

The applicant, or any aggrieved property owner in the area, may appeal the decision of the Director to the appropriate Community Zoning Appeals Board in the manner provided for appeals of administrative decisions (Section 33-311 of the Code). In the event an appeal is made by an aggrieved property owner in the area, the Director may stop or suspend any construction authorized by the adjustment, until a decision has been made on the appeal. In the event the Director should determine that the suspension of the construction could cause imminent peril to life or property he or she may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances.

(i)

Recording. The decision of the Director shall be recorded on the official zoning maps of Miami-Dade County.

(Ord. No. 77-12, § 1, 2-15-77; Ord. No. 78-15, § 1, 3-21-78; Ord. No. 83-12, § 1, 3-1-83; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-60, § 1, 5-5-98; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 98-174, § 1, 12-3-98; Ord. No. 02-231, § 2, 11-19-02; Ord. No. 07-34, § 1, 2-6-07; Ord. No. 14-24, § 1, 3-4-14)