§ 33-161. Previously approved public charter schools.

It is not the intention of this article to require any changes in any public charter school facilities that prior to the effective date of this article have received final approval from the School Board of Miami-Dade County of a final charter contract specifying the charter school's site. Further, the provisions of this article shall not be applicable to the establishment of any new charter school upon demonstration of the following circumstances: (a) prior to the effective date of this article the proposed new charter school was presented during a public zoning hearing as a part of a development plan to the applicable Community Zoning Appeals Board or the Board of County Commissioners; (b) prior to or at the public hearing, the zoning applicant presenting such development plan provided a declaration of restrictive covenants or other recordable assurances binding the applicant or successor to provide a charter school at a specified location, with a specified maximum number of students and specified grade levels; and (c) within two years after the effective date of this article, the proposed new charter school receives a favorable recommendation for site plan approval from the Developmental Impact Committee and a final charter contract from the School Board of Miami-Dade County approving the charter school at substantially the site specified at the zoning public hearing.

Any charter school lawfully established prior to the effective date of this article and any charter school established pursuant to this article, which ceases operations for 36 months or longer, shall be re-established only upon approval after public hearing in accordance with this article. Any expansion or modification of the previous approval for any charter school lawfully established prior to the effective date of this article and any charter school established pursuant to this article shall only be approved after public hearing in accordance with this article.

With the exceptions noted above, all public charter school facilities shall comply with the requirements of this article.

(Ord. No. 04-108, § 1, 6-8-04)