§ 33-438. Variances.

(a)

Variance criteria. No variances from the provisions of this Article may be granted, except: where it would not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided that the variance will be in harmony with the general purpose and intent of the regulations, and that the same is the minimum variance that will permit the reasonable use of the premises. In addition, any variance of the requirements of this Article may only be granted by the Board of County Commissioners and only after a demonstration by competent substantial evidence:

(i)

that the variance is the minimum variance that will permit the reasonable use of the premises, and

(ii)

that the variance will not result in irreversible impacts to lands in Miami-Dade County that affect their designated or existing uses, including, at a minimum, an analysis of the following impacts:

1.

structural damage to buildings, foundations, or underground infrastructure resulting from induced seismic activity;

2.

impacts to public and private drinking water supplies and wastewater treatment facilities;

3.

increased demand on water resources; and

4.

leaking or leaching of chemicals or natural gas.

(b)

Notice and hearing prerequisites to action on variance application.

(i)

No action on any application for variance of this article shall be taken until a public hearing has been held before the Board of County Commissioners upon notice in accordance with this Section, the cost of said notice to be borne by the applicant.

(ii)

Recommendation. For every application filed hereunder, the Director shall prepare a written recommendation, which shall also include a statement of the Director as to the application's relationship to the Comprehensive Development Master Plan. All such recommendations shall state all facts relevant to the application, including an accurate depiction of known living, working, traffic, and transportation conditions in the vicinity of the property that is the subject of the application, and also a description of all projected effects of the proposed variance on those conditions. All such recommendations shall be signed and considered final no earlier than thirty (30) days prior to the public hearing to give the public an opportunity to provide information to the Director prior to the recommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the County departments evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons.

(ii)

Mailed notices. The Director shall mail written notice to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, within a one-mile radius of the subject property, as follows:

1.

Preliminary courtesy notice. Within thirty (30) days of the filing of an application for variance, a courtesy notice that includes: the applicant's name; the processing number; the subject property size; the location (and street address, if available) of the subject property; a general description of the action requested in the application; a statement that the application was filed and is being reviewed by the Department and that a future notice will be provided prior to the public hearing thereon; a statement that any interested person is entitled to discuss the application with the Department to the same extent as the applicant is so entitled; and a statement that the application may change during the hearing process. The failure to mail or receive this courtesy notice shall not affect any action or proceeding taken hereunder.

2.

Public hearing notice. No sooner than ninety (90) days, and no later than sixty (60) days, prior to the public hearing, a written notice containing general information, including the date, time, and place of the hearing, the subject property's location (and street address, if available), and the nature of the application.

(iii)

Published notices. The Director shall publish notices of an application for variance as follows:

1.

Within thirty (30) days of the filing of an application, a courtesy notice shall be published in the newspaper of largest circulation in Miami-Dade County, containing the same information as the mailed preliminary courtesy notice described above. The failure to publish this courtesy notice shall not affect any action or proceeding taken hereunder.

2.

No sooner than ninety (90) days, and no later than sixty (60) days, prior to the public hearing, a full legal notice shall be published in a newspaper of general circulation in Miami-Dade County, which shall contain the date, time, and place of the hearing, the subject property's location (and street address, if available), and the nature of the application, including all specific variances and other requests.

3.

No sooner than ninety (90) days, and no later than sixty (60) days, prior to the public hearing, a layman's notice shall be published in the newspaper of largest circulation in Miami-Dade County, which shall contain the same information as the full legal notice, except that the nature of the application and requests contained therein may be summarized in a more concise, abbreviated fashion.

(iv)

Additional courtesy notices. When written notice of a public hearing is mailed, courtesy notices containing the same information shall also be mailed to:

1.

Each city clerk, city attorney, and city manager for municipalities within Miami-Dade County, and the Executive Director of the Miami-Dade League of Cities, Inc.; and

2.

The president of any homeowners' association having any member who resides within the area of mailed notice described above when such residency is shown upon a current updated notice filed with the Director. The Director shall establish and maintain a process by which homeowners' associations may provide notice of the areas in which their members reside. Homeowners' associations shall keep these notices current by updating them in accordance with procedures to be prescribed by the Director.

3.

The failure to mail or receive these courtesy notices shall not affect any action or proceeding taken hereunder.

(v)

Posting of property. The subject property shall be posted no later than sixty (60) days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information including the variance request, application number, and the time and place of the public hearing. The property owner shall be responsible for ensuring that the sign is maintained on the site until completion of the public hearing and for removal of the sign within two (2) weeks following completion of the public hearing.

(vi)

For subject properties with more than one frontage, the notices and advertisements shall include both the mailing address and identification of the street or intersection of any additional frontage.

(vii)

For each type of notice and advertisement required by this Article, the person or persons for the mailing, posting, or publication shall attach an affidavit or affidavits thereof to the application file setting forth the compliance with the applicable requirement.

(viii)

The Director shall have the discretion to expand any of the notice provisions contained in this Section if deemed appropriate.

(ix)

If the notices described above are published, and the required affidavits are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal of a quasi-judicial action of a local government board, as provided in the Florida Rules of Appellate Procedure.

(x)

Conflicts. In the event of conflicts with any other provisions of this Chapter or applicable municipal regulations regarding notice and hearing prerequisites, the provisions of this article shall govern. In the event that any time periods specified in this subsection regarding notice and hearing prerequisites conflict with any applicable provision of the Florida Statutes, the Florida Statutes shall govern.

(c)

Municipal approval. Any municipal approval of the use of property in Miami-Dade County for oil and gas exploration or production through the use of well stimulation shall not be effective unless and until the Board of County Commissioners approves a variance pursuant to the procedures and requirements of this subsection and this Article.

(Ord. No. 16-106, § 1, 10-5-16)