Notwithstanding any other provision of the City Code or the City's Comprehensive Plan,
and as to the City, properties within the S District shall have vested rights for
any development, structures, uses (including but not limited to ancillary or intermittent
activities associated with such uses), landscaping, parking, or other land use entitlements
that are in existence as of January 1, 2017 or that were approved, whether at public
hearing or administratively, by Miami-Dade County prior to January 1, 2017. Any development
approved by a development permit, as defined by Chapter 163.3164, Florida Statutes
(including but not limited to any zoning resolution, DRI development order, administrative
site plan approval, plat, or building permit) shall be vested against later action
by the City without the need for the owners and/or developers of such properties to
have taken any affirmative act in reliance upon such prior development permits. Such
vested development may be completed and maintained in accordance with the landscaping,
buffering, and signage regulations under which it was approved, and is not subject
to the requirements of Section 34-62(5) of the City Code relating to amortization
of landscaping nonconformities, or any other applicable regulation relating to the
amortization of nonconformities of landscaping adopted by the City. To the extent
not otherwise enumerated in this article, properties within the S District may also
be used for all uses permitted in the BU-2 zoning district of the Code of Miami-Dade
County, as of January 1, 2017, with the limitations and exceptions provided in section 33-452 of this article. Nothing herein shall limit any vested rights that may otherwise
exist by operation of common law, by the City Code or the County Code.
Procedure for vested rights determination. For properties within the S District, a
request for vested rights determination may be filed with the City pursuant to Section
34-62 of the City Code without regard to the one-year time limitation therein; any
action by the City Council on appeal of such determination may thereafter be appealed
to the Board of County Commissioners in accordance with the procedures set forth in section 33-463 of this article.
