§ 33-462. Procedures.

(1)

Application. All zoning inquiries and applications for zoning action for properties within the S District shall be submitted to the City of Miami Gardens.

(2)

Approval by City Council. If the City Council approves an application for zoning action by a property owner, or applicant authorized by the owner, after public hearing, then, upon the City's determination becoming final in accordance with the City's rules and regulations, it may only be reviewed by a court of competent jurisdiction.

(3)

Other Action by City Council. If the City Council denies an application for zoning action by an owner or such authorized applicant after public hearing, or approves an application for zoning action after public hearing with conditions that are not agreed to by the owner or authorized applicant, the owner or authorized applicant shall have the right to appeal the City Council's decision to the Board of County Commissioners for its review after public hearing.

(4)

Review by County Commission. On appeal by a property owner or authorized applicant, the Board of County Commissioners may affirm the decision of the City Council, alter the decision of the City Council and approve the application, or alter the decision of the City Council and approve the application with modifications, in each case by a majority vote of the total membership of the Board of County Commissioners, and upon such decision becoming final in accordance with the County's rules and regulations, it may only be reviewed by a court of competent jurisdiction.

(5)

Review of Other City Zoning Actions. If the City denies an application by a property owner or applicant authorized by the owner for zoning action other than public hearing actions, or approves an application for zoning action other than public hearing actions with conditions that are not agreed to by the by the owner or authorized applicant, then the owner or authorized applicant shall have the right to appeal that decision first to the City Council, which shall affirm, affirm with conditions, or alter the decision within 60 days of submittal of the appeal, and then to the Board of County Commissioners in accordance with the above procedures for review of City Council decisions. It is provided, however, that if the City Council does not issue a decision within 60 days of submittal of the appeal, then the owner or authorized applicant may proceed directly to the Board of County Commissioners in accordance with the procedures governing appeals of administrative actions set forth in section 33-314 of the County Code.

(Ord. No. 17-09, § 1, 2-22-17)