§ 33-400. Permits.

Applications for permits under this article shall be obtained from the appropriate planning and zoning department or agency.

Approval of applications for permits for all construction, for adding height to any existing structures, and for all alterations, repairs, or additions that will change the use of the structure from the existing use to any commercial, industrial educational facility or residential use in any airport zone classification district lying within unincorporated and incorporated areas of Miami-Dade County, shall be obtained from the Director of the Department of Planning and Zoning, such application for permits shall include the height and location of derricks, draglines, cranes and other boom-equipped machinery, if such machinery is to be used during construction. No person shall operate such equipment until approval is obtained from the Director of the Aviation Department and Building Department.

All applications for permits made to appropriate municipal Planning and Zoning Departments or agencies for all construction or for adding height to any existing structure, and for all alterations, repairs, or additions that will change the use of structure from the existing use to any commercial, industrial educational facility or residential use in any airport zone classification district lying within a municipality for which airport zone classification district boundaries have been established herein, shall be approved by the Director of the Miami-Dade County Planning and Zoning Department and Building Official or by their duly authorized representatives prior to issuance of the permit by any municipal Planning and Zoning Department or agency for the purpose of assuring compliance with the minimum standards governing zoning as set forth in this article; provided, however, no approval by the Director and Building Official will be required for building and use permits from municipalities which have adopted by ordinance effective airport zoning regulations, the minimum standards of which are at least as restrictive as the minimum standards prescribed herein as such apply to the areas covered by this article. No approval by the Director of the Miami-Dade County Planning and Zoning Department and Building Official will be required for building and use permits from municipalities which have adopted by ordinance effective general zoning regulations, the minimum standards of which are at least as restrictive as the minimum standards prescribed herein as such apply to the areas covered by this article; providing, however, that no municipality may grant any variance to said general zoning regulations which would make said minimum standards less restrictive than the minimum standards prescribed herein.

Permits will be approved by the Director of the Miami-Dade County Planning and Zoning Department and Building Official or their duly authorized representatives unless the proposal fails to meet the requirements of all applicable zoning regulations and building codes including the provisions of this article.

Permits when applied for by applicants intending to use derricks, draglines, cranes and other boom-equipped machinery for such construction, reconstruction or alteration of any commercial, industrial, educational facility or residential use as is consistent with the provisions hereof, shall, when the boom operating height exceeds the height limitations imposed by this article, require applicant to mark, or mark and light, the machinery to reflect conformity with the Federal Aviation Administration's or the Miami-Dade County Aviation Department standards for marking and lighting obstructions, whichever is the more restrictive, and shall require the applicant in such cases to obtain approval from the Director of the Miami-Dade County Aviation Department for the location, height and time of operation for such construction equipment use prior to the issuance of a construction permit to the applicant.

Notwithstanding any provision of this ordinance, in granting any permit or variance under this article, the Director or the appropriate board shall require the owner of the structure or tree for which a permit or variance is being sought, to install, operate and maintain thereon, at the owners sole expense, such marking and lighting as may be necessary to indicate to aircraft pilots the presence of an obstruction, such marking and lighting to conform to the specific standards established by rule of the Department of Transportation.

Any decision of the Director of the Planning and Zoning Department of Miami-Dade County may be appealed as provided and prescribed under Article XXXVI, of Chapter 33, Code of Miami-Dade County, Florida.

(Ord. No. 69-40, § 11, 7-9-69; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 99-118, § 1, 9-21-99)