§ 33-310. Notice and hearing prerequisite to action by the Community Zoning Appeals Boards or Board of County Commissioners.  


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  • (a)

    When an application as prescribed by Sections 33-304 and 33-309 has been filed hereunder the Director shall, no later than thirty (30) days after filing, at the cost of the applicant, provide mailed courtesy notice of such filing as provided in Section 33-310(d); provided, however, that the failure to mail or receive this courtesy notice shall not affect any action or proceeding taken hereunder. The courtesy notice shall include the applicant's name, the processing number, the property size, the location (and street address, if available) of the property, a general description of the action requested in the application, and 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. The notice shall additionally state and make clear that any interested person is entitled to discuss the application with the County employees processing and reviewing the application to the same extent as the applicant is so entitled and that the application may change during the hearing process. The person or persons mailing the courtesy notice provided, herein shall attach an affidavit or affidavits thereof to the application's file setting forth the compliance with this subsection. The courtesy notice provided in this paragraph shall not be required for appeals filed in conjunction with Section 33-313 or 33-314 of the Code.

    (b)

    Applications filed hereunder shall be promptly transmitted to the appropriate board, together with the written recommendation of the Director. Where applicable the Developmental Impact Committee shall issue its recommendation, which shall 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 zoning action on those conditions. Before reaching a conclusion, each recommendation shall list all known factors both in favor of and against each application. 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 staff 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.

    (c)

    No action on any application shall be taken by the Community Zoning Appeals Boards or the Board of County Commissioners on any appeal, until a public hearing has been held upon notice of the time, place and purpose of such hearing, the cost of said notice to be borne by the applicant. Notice shall be provided as follows:

    (1)

    Said notice shall be published twice in a newspaper of general circulation in Miami-Dade County, as follows: (A) a full legal notice, to be published no later than twenty (20) days and no earlier than thirty (30) days prior to the public hearing, to contain the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application, including all specific variances and other requests; and (B) a layman's notice, to be published in the newspaper of largest circulation in Miami-Dade County, no later than twenty-five (25) days and no earlier than thirty-five (35) days prior to the public hearing, to contain the same information as the above described full legal notice except that the property's legal description may be omitted and the nature of the application and requests contained therein may be summarized in a more concise, abbreviated fashion. The layman's notice may be published in a section or a supplement of the newspaper distributed only in the locality where the property subject to the application lies. In the event that any time periods specified in this subsection shall conflict with any applicable provision of the Florida Statutes, the provision of the Florida Statutes shall govern.

    (2)

    Mailed notice containing general information, including, but not limited to, the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application shall be sent as provided by Subsection 33-310(d) no sooner than thirty (30) days and no later than twenty (20) days prior to the hearing. For properties with more than one frontage, the advertisement shall include both the mailing address and identification of the street or intersection of any additional frontage.

    (3)

    The property shall be posted no later than twenty (20) days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information including, but not limited to, the applied for zoning action, 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.

    (d)

    Mailed notice shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, within the following radius of the property described in the application, or such greater distance as the Director may prescribe:

    (1)

    Approvals of or modifications to Developments of Regional Impact ("DRI"), including substantial deviation determinations or modifications thereof, one (1) mile.

    (2)

    For applications, other than for Developments of Regional Impact, required to be reviewed by the Development Impact Committee; for district boundary changes, use variances, special exceptions, or unusual uses unless the foregoing are specifically itemized in subsection (d)(3) or (d)(4); for any modification of a covenant accepted or condition imposed in connection with a prior district boundary change or use variance; but this subsection shall not apply to residential uses of less than five (5) units, one-half (½) mile.

    (3)

    For modification or elimination of conditions or restrictive covenants, or parts thereof, after public hearing, mailed notice shall be accomplished by placing in the United States mail a written notice to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, within the same radius of the property as required to be noticed for zoning action imposing or accepting the condition or restrictive covenant sought to be modified or eliminated, or such greater distance as the Director may prescribe.

    (4)

    For district boundary change involving a change of prefix within BU (Business) or IU (Industrial) and use variance involving such a use prefix change; for unusual use for outdoor patio dining, outdoor display, adult congregate living facility, day nursery, convalescent home, day camp, home for the aged, institution for the handicapped, kindergarten, nursing home, retirement village, entrance feature, mobile home as watchman's quarters, bathing beach; for special exception for resubdividing/refacing of platted lots, servant's quarters in RU-1 district, convalescent home, eleemosynary and philanthropic institution in RU-4 districts, dude ranch in AU district, temporary farm labor housing in AU district; and for all other applications for zoning action not specified in Subsections (d)(1), (2), (3) and (4), five hundred (500) feet.

    A courtesy notice shall also be mailed to 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; provided, however, that the failure to mail or receive this courtesy notice shall not affect any action or proceeding taken hereunder. 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.

    (e)

    The person or persons responsible for providing the notices provided in Subsection (c) above shall attach to the application file a sworn affidavit or affidavits setting forth that they have complied with said subsection. Failure to provide the newspaper notices as provided, or failure to mail the required written notices as provided, or failure to post the property as provided renders voidable any hearing held on the application. The failure to send out courtesy notices shall not render a hearing voidable.

    (f)

    The Director shall have the discretion to expand any of the notice provisions contained in this section to provide more information if deemed appropriate.

    (g)

    If the notices described in Subsection (c)(1) above are published, and the affidavits required by Subsection (e) are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal from a resolution of an administrative or quasijudicial tribunal as provided in the Florida Rules of Appellate Procedures.

(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-30, § 1, 7-21-64; Ord. No. 64-65, § 3, 12-15-64; Ord. No. 74-20, § 3, 4-3-74; Ord. No. 74-40, § 2, 6-4-74; Ord. No. 75-47, § 4, 6-18-75; Ord. No. 87-29, § 1, 5-19-87; Ord. No. 89-129, § 1, 12-19-89; Ord. No. 94-200, § 1, 11-1-94: Ord. No. 95-26, § 1, 2-7-95; Ord. No. 95-180, § 1, 10-5-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 35, 9-4-96; Ord. No. 98-175, § 1, 12-3-98; Ord. No. 00-31, § 2, 2-24-00; Ord. No. 03-93, § 2, 4-22-03; Ord. No. 09-76, § 2, 9-1-09; Ord. No. 11-86, § 3, 11-15-11; Ord. No. 13-16, § 6, 2-5-13; Ord. No. 14-38, § 1, 4-8-14)