§ 33-112. Permitted features described.

Notwithstanding any other provision of this article, entrance features in compliance with each of the standards enumerated below shall be permitted:

(a)

Entrance features that are placed on private property shall be continually and properly maintained by the owners. To assure the proper maintenance of entrance features:

(1)

An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to the Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits.

(b)

Entrance features may be placed within public rights-of-way provided:

(1)

Prior approval is granted by the Miami-Dade County Public Works Department; and

(2)

A bond is submitted to the Public Works Department in an amount to cover the removal of said features if deemed necessary at a later date by the Public Works Department. The bond shall have an initial ten-year life and shall be renewed for five-year periods thereafter; and

(3)

An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to Miami-Dade County Public Works Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits.

(c)

Entrance features shall be placed so as not to encroach upon utility lines or traffic control devices whether such lines or devices be located overhead or underground; and where a conflict is indeed encountered, the developer or designated property owner shall be responsible for the removal or relocation of the said features or a part thereof.

(d)

Entrance features shall be placed so as not to cause a visual obstruction and thereby create a traffic hazard, and should the use of illumination be incorporated in said features, such illumination shall be placed so as to be unobtrusive to moving traffic lanes or adjacent properties.

(e)

The character and scale of entrance features shall be of a design such that said features are complementary to the identified development and compatible with the immediate neighborhood insofar as its overall impact is concerned.

(f)

All structures within entrance features shall meet all standards of the South Florida Building Code and any other applicable standards, and all water bodies with depths greater than eighteen (18) inches shall meet all applicable standards of this chapter, applicable to reflecting pools and water features, standards.

(g)

Applications for permits for entrance features shall be made by the fee owner of the property in question and shall be submitted to the Department. Applications shall include an accurately dimensioned plot use plan identifying all structures and landscaping incorporated in said features and identifying all setbacks and elevations of the same.

(h)

Upon receipt of all necessary information, the County's plat division shall review the same, and in turn, the joint directors of the County's plat division shall review the information, including staff's report, and render a decision either approving, modifying, or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or modifications shall not be effective until fifteen (15) days after the directors' decision is published in a newspaper of general circulation. The decision of the directors shall be recorded on the official zoning maps of Miami-Dade County.

(i)

The applicant, or any aggrieved property owner in the area, may appeal the decision of the joint directors to the Community Zoning Appeals Board, in the manner provided for appeals of administrative decision (Section 33-311(c)(2) of the Code of Miami-Dade County).

(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 89-4, § 1, 1-17-89; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98)