§ 33-202.11. RU-RH site plan changes.


Latest version.
  • The Director may authorize certain changes in a site plan for an individual rowhouse unit after an internal site plan review provided the changes meet the requirements of this Code; such changes are limited to screen enclosures, patio slabs, new fascia or trim work, open porch additions with or without wood or metal roofs, trellis or garden amenities, such as awnings, Jacuzzis, swimming pools, decks and hot tubs, provided that:

    (1)

    Written approval is obtained from the official, authorized body designated in the rowhouse development to approve architectural changes in the rowhouse community; and

    (2)

    Written approval of the immediate adjacent rowhouse owner(s) is obtained. If the applicant is unable to contact an adjacent property owner for such approval, the applicant may present proof that he or she has mailed the request for approval to each adjacent unit owner, by certified mail, return receipt requested, at each adjacent property owner's mailing address as listed in the most current Miami-Dade County tax roll, and that the notice has been returned undeliverable; and

    (3)

    No additional variances are necessary to accomplish the proposed changes.

    (4)

    Exceptions. The installation of temporary storm panels approved under the Florida Building Code shall be permitted as a matter of right and shall not be subject to homeowners' association approval, nor shall such installation be subject to adjacent rowhouse owners' approval. However, homeowners' association approval shall be required for the installation of permanent storm shutters. For the purposes of this subsection, temporary storm panels shall be defined as detachable protection devices that are installed temporarily over building openings in the event of an approaching hurricane or tropical storm.

    The Director shall approve the change if it is determined that the change will be in harmony with and compatible with existing development in the area, and will not destroy the theme or character of the development in the area.

    All adverse decisions of the official, authorized body designated in the rowhouse development to approve architectural changes in the rowhouse community shall be appealed solely pursuant to the provisions of the official documents of the rowhouse community. The official authorized body is required to afford the applicant, within sixty (60) days of receipt of the request, (1) written notice of the time and place of the hearing, (2) a full hearing, and (3) a decision in writing which is furnished to the applicant. Relief from this section shall be permitted only pursuant to the standards and requirements of Section 33-311(A)(4)(a) of this Code.

(Ord. No. 06-96, § 1, 6-20-06)