§ 33-314. Direct applications and appeals to the County Commission.  


Latest version.
  • (A)

    The County Commission shall have jurisdiction to directly hear the following applications:

    (1)

    Applications for development approval of Developments of Regional Impact ("DRI"), modification thereof or substantial deviation determination or modification thereof, including applications for modifications to restrictive covenants related thereto, after hearing and recommendation by the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the entire Development of Regional Impact. Where an application substantial deviation determination or for development approval of a DRI, modification thereof or substantial deviation determination also contains a request for any other action under this chapter requiring a public hearing or where there is pending on any property an application of or development approval for a DRI and an application for any other action under this chapter requiring a public hearing (related requests), except applications for essentially built out determinations, all such applications shall be heard in their entirety by the Board of County Commissioners after hearing and recommendation of the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the application or applications. Where an application requests a modification or elimination of a condition or restrictive covenant not constituting a substantial deviation, and where such application does not contain a request for any other action under this chapter requiring a public hearing apart from modifying the DRI development order, then such application shall be heard directly by the Board of County Commissioners after recommendation of the Developmental Impact Committee. Where practicable, all such items shall be acted upon at the same public hearing. Hearings pursuant to this subsection shall be noticed in the same manner as applications filed before the Community Zoning Appeals Boards. The procedural requirements of Section 33-311(F) and 33-311(G) shall apply to hearings held pursuant to this section.

    (2)

    Any application encompassing property located in more than one Community Zoning Appeals Board as set forth in Section 33-309.

    (3)

    When as a result of municipal incorporation or annexation, a Community Zoning Appeals Board (CZAB) does not have enough members in office to hear and decide zoning applications, the Board of County Commissioners shall hear and decide all zoning applications in the remaining jurisdiction of the CZAB. Zoning actions advertised for hearing before the Board of County Commissioners shall be heard and decided by the board, and neither the subsequent appointment or election of additional CZAB members, nor the reconfiguration of the affected CZAB, shall divest the board of jurisdiction to hear such advertised applications. If prior to the mailing of the final notice of hearing pursuant to Section 33-310, new members of the affected CZAB have been appointed or elected, or the affected CZAB has been reconfigured, such that the CZAB has enough members to act, applications within the CZAB's jurisdiction shall be heard and decided by that CZAB upon notice pursuant to Section 33-310.

    (4)

    Any application encompassing property located within a municipality when jurisdiction is vested in Miami-Dade County pursuant to applicable zoning regulations or municipal charter or interlocal agreement.

    (5)

    Applications which would normally be heard by a Community Zoning Appeals Board, but which have been postponed due to lack of quorum of the applicable Community Zoning Appeals Board on at least two consecutive occasions. Such jurisdiction by the County Commission shall be at the option of the applicant, and under these circumstances the cost of providing notice of an application before the County Commission shall be borne by the County.

    (6)

    Any application for district boundary change to, or modification of: an Employment Center Planned Area Development District (ECPAD), subject to the requirements of article XXXIIID.1; or a Retail Entertainment District Planned Area Development District (REDPAD), subject to the requirements of article XXXIIID.2.

    (7)

    Any application for a zoning action that is accompanied by a development agreement, as provided in section 33-310.3.

    (8)

    Any application for a development agreement, or modification thereto or revocation thereof, as provided in section 33-310.3.

    (9)

    Any application relating to a Corridor District (CD), subject to the requirements of section 33-470.

    (10)

    Applications requesting variances from regulations pertaining to kiosk signs, as set forth in section 33-96, 33-107, or 33-284.87.

    (B)

    The County Commission shall have jurisdiction to hear appeals from decisions of the Community Zoning Appeals Boards as follows:

    (1)

    Applications for district boundary changes on individual pieces of property or on a neighborhood or area-wide basis.

    (2)

    Applications for district boundary changes which also contain requests for unusual use, new use, variance or special exception which is incidental or related thereto, or where there is pending on the same property or portion thereof more than one (1) application for district boundary change, variance, special exception, unusual or new use. When possible an appeal containing such requests shall be acted upon at the same public hearing.

    (3)

    All zoning applications by State and municipal entities and agencies.

    (4)

    Applications for unusual uses or amendments or modifications thereto described in Section 33-13(e) when said unusual uses, amendments or modifications in connection with a class I or class IV permit application, as defined in Section 24-58.1.

    (5)

    Any appeal filed by the Director from any action of the Community Zoning Appeals Boards.

    (6)

    Notwithstanding any provision contained in any section of this Code, the Board of County Commissioners shall have appellate jurisdiction whenever it is contended that a decision of a Community Zoning Appeals Board constitutes a taking or deprivation of vested rights and administrative remedies of Section 2-114 have been exhausted.

    (7)

    Applications for appeals of administrative decisions pursuant to Section 33-311(A)(2).

    (8)

    Applications for development approval or modifications thereof for projects located within the Downtown Kendall Urban Center District.

    (9)

    Applications for development approval or modifications thereof for projects located within the Center or Edge sub-districts of the Naranja Community Urban Center District and all other Urban Center zoning districts.

    (10)

    Administrative determinations concerning mobile home parks pursuant to Section 33-311(2)(a) of this Code.

    (C)

    The County Commission shall have jurisdiction to directly hear other applications as follows:

    (1)

    Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Impact Committee Executive Council or its Chairman in the discharge of its duties as defined in Sections 2-114.1, 2-114.2, 2-114.3, 2-114.4 and Chapters 28, 33-303.1(D)(3), 33E, [Section] 33G-6, 33H, 33I and 33J and 33K of the Code. The Board of County Commissioners shall also hear and decide appeals or other matters as provided by Sections 2-114.2, 2-114.3, and 2-114.4 of the Code.

    (2)

    Applications for developmental resolutions for which the applicant or the executive council of the DIC has invoked the administrative remedy set forth in Section 2-114.1, Code of Miami-Dade County, Florida and to which the procedure of Section 33-311(E)(1) applies.

    (3)

    Applications to modify or eliminate any provision of restrictive covenants, or part thereof, accepted at public hearing, where the covenant provides that only the Board of County Commissioners may modify or eliminate the provisions of such covenant.

    (4)

    Applications for non-use variance from the requirements of Section 33-35(c) of this Code as to any structure subject to the provision of Article XXXIII(I) that is existing at the effective date of this ordinance or approved as described in Section 33-284.64.

    (5)

    Applications for variances from the provisions of this chapter to permit development described in ground leases with the County in existence as of the effective date of this ordinance. Any variance granted pursuant to this provision shall satisfy the general intent of this chapter.

    (6)

    Applications for appeals of administrative decisions. Upon application for, hear and decide appeals where it is alleged there is an error in the any order, requirement, decision or determination made by an administrative official in the interpretation of any portion of the regulations, or of any final decision adopted by resolution, except appeals of administrative site plan review, or appeals of administrative variances pursuant to the provisions of Section 33-36.1 of the Code, said appeals first being under the jurisdiction of the Community Zoning Appeals Board. It is provided, however, that where zoning requests which would ordinarily be heard before the Community Zoning Appeals Board are joined with a request for an appeal of an administrative decision, the zoning requests shall remain pending before the Community Zoning Appeals Board until the appeal of the administrative decision has been determined by the Board of County Commissioners.

    (7)

    Applications to amend any Urban Center or Urban Area District regulating plans, as provided in Section 33-284.89.3 of this chapter, or for any zoning action for any property located within the Downtown Kendall Urban Center District or Palmer Lake Metropolitan Urban Center District or to modify or delete declarations of restrictive covenants or conditions of zoning actions addressing property wholly located within the Downtown Kendall Urban Center District, as defined in Section 33-284.55 of this Code.

    (8)

    Any application seeking a variance from adult entertainment establishment spacing requirements imposed by State Statute, as specified in Section 33-259.1.

    (9)

    Upon application for, hear and decide appeals of decisions of the Rapid Transit Developmental Impact Committee pertaining to site plan approvals and related zoning actions issued pursuant to Section 33C-2(D)(2)(d) and (2)(e), Section 33C-9, or Section 33C-10.

    (10)

    Hear application for and, upon recommendation of the Developmental Impact Committee, grant or deny those special exceptions for public charter school facilities permitted by the regulations only upon approval after public hearing, provided the applied for special exception, in the opinion of the Board of County Commissioners, is found to be in compliance with the standards contained in Article XI and Section 33-311(A)(3) of this Code.

    (11)

    Notwithstanding the provisions of Section 33-13(e) of this Code, applications for unusual uses for lake excavations to expand bona fide rockmining operations, as defined in Section 33-422(3) of the code, onto property contiguous and immediately adjacent to existing bona fide rockmining operations; associated Class I and Class IV permit applications as defined in Section 24-48.1; and all applications for uses ancillary to bona fide rockmining pursuant to Section 33-422(c) of this article.

    (12)

    Hear application for and, upon recommendation of the Airport Developmental Impact Committee Executive Council, grant or deny applications for those special exceptions and variances pursuant to Article XXXVII of this Code (Miami International Airport (Wilcox Field) Zoning).

    (13)

    Applications to approve, expand, or modify:

    (a)

    Public charter school facilities; or

    (b)

    Notwithstanding any provision of this Code to the contrary, private elementary, middle, and/or senior high schools (grades K to 12) where the proposed school will serve 500 or more students and have more than 100,000 square feet of building facilities.

    (14)

    Applications to modify or delete declarations of restrictive covenants encumbering property wholly located within any Urban Center or Urban Area zoning district, as defined in this Code, where and to the extent that modification or elimination of the declaration of restrictive covenant or part thereof is necessary to allow development conforming in all respects to the applicable Urban Center or Urban Area District regulations.

    (15)

    Applications for zoning action on the property that is subject to a deed restriction or a restrictive covenant placed on the property in connection with its conveyance by the County, or in connection with a subsequent modification or release by the County of such restriction or covenant.

    (16)

    Except where permitted in the IU-3 District, applications for unusual use pertaining to electric power plants and ancillary uses.

    (17)

    Hear application for and grant or deny Director's applications for single-family and duplex lots owned by Miami-Dade County which have been designated for development under "The Infill Housing Initiative" pursuant to Article VII, Chapter 17 of this Code.

    (18)

    Applications for zoning action located within:

    (a)

    Areas conveyed to the County as part of the reuse of either former military bases or other federal properties.

    (b)

    Areas designated as Zoo Miami Entertainment Area in the Comprehensive Development Master Plan.

    (19)

    Applications for zoning action for:

    (a)

    Office buildings or office complexes involving in excess of 125,000 square feet.

    (b)

    Processing, manufacturing, or motion picture studios involving 50 or more acres.

    (20)

    Applications for special exception for a general site development plan within the Government Center Subzone of the Rapid Transit Zone, pursuant to Section 33C-11.

    (21)

    Applications for approval of self-service mini-warehouse storage facilities where public hearing is required.

    (D)

    The Board, after hearing why the application should or should not be granted, shall consider the matter in accordance with the criteria specified in this chapter, and shall by resolution either grant or deny the application. In granting any variances, special exceptions, new uses or unusual uses, the Board of County Commissioners may prescribe any reasonable conditions, restrictions and limitations it deems necessary or desirable in order to maintain the plan of the area and compatibility therewith. Such action of the Board of County Commissioners shall be final provided, no such action shall be taken until notice of time and place of the meeting at which the Board of County Commissioners will consider and take final action on the application has been first published as provided in Section 33-310 hereof. Anything in this article to the contrary notwithstanding, when an application for a district boundary change or special exception, new use, unusual use or variance is filed by the Director it will only be decided by the County Commission after receiving the recommendation of the Director and after the required noticed public hearing, and such decision shall then be final. Notwithstanding anything in this article or the Code of Miami-Dade County to the contrary, the Board of County Commissioners may reconsider its action upon a zoning application only in accordance with Section 33-319(k) of this Code or only at the same meeting at which the action was taken and solely for the purpose of avoiding a manifest injustice. Except as otherwise specified hereby, if a motion to reconsider is adopted, no further affirmative action shall be taken until notice of such reconsideration and time and place of final action is provided in accordance with Section 33-310 hereof; provided, however, that such affirmative action may be taken before the next item on the zoning agenda is called for consideration or before a recess or adjournment is called, whichever occurs first.

    (E)

    If an application is before the Board of County Commissioners pursuant to this article, be it by way of appeal, recommendation or otherwise, it shall have authority to consider and take final action upon any and all matters and requests contained in the application, any other provisions in this article notwithstanding. In making any final decisions, the Commission shall be guided by the standards and guides applicable to the Community Zoning Appeals Boards or as otherwise specified in this chapter. It shall consider all relevant and material evidence offered to show the impact of the development upon Miami-Dade County. The procedural requirements of Sections 33-311(F) and 33-311(G) shall apply to hearings held pursuant to this section.

    (F)

    Reserved.

    (G)

    The following additional procedures shall apply to zoning hearings before the County Commission:

    (1)

    Deferrals. The County Commission may defer action on any matter before it in order to inspect the site in question, to remand to the Community Zoning Appeals Boards, or for any other justifiable and reasonable reason. Whenever a deferral is approved at the request of the applicant, the applicant shall be required to pay a deferral fee in the amount of round-trip public transit fare for each person present at the hearing in opposition to the application, or two hundred fifty dollars ($250.00), whichever is greater. The Clerk of the Board shall prepare and have available at the hearing appropriate voucher forms, in duplicate, to be filed under oath by persons present to oppose the application in question. Each objector presenting a completed voucher to the Clerk shall be given two (2) transit tokens. At the end of the meetings at which the deferral was requested, the Clerk shall, for each deferral, total the number of vouchers issued, determine the value of transit fares represented by the tokens, and submit the deferral fee to the applicant, or his attorney. The applicant requesting the deferral shall pay the deferral fee to the Department, which shall then pay an amount equal to the value of the transit fares to the transit agency. Except for that portion of the deferral fee paid to the transit agency, all monies collected by the Department as deferral fees shall be deposited into a separate account and shall be expended only for purposes of administering and enforcing the provisions hereof. In the event that the applicant does not pay the deferral fee prior to the date of the scheduled deferred hearing, the application shall be deemed to have been voluntarily withdrawn without prejudice, the applicant shall be deemed to be in violation of this provision, and enforcement may be effectuated through all available means including, but not limited to, Chapter 8CC of the Code of Miami-Dade County, Florida. Notwithstanding the foregoing, the County Commission shall, at the time of approving a deferral, have the discretion to waive the provisions of this section upon a showing of good cause for the deferral.

    (2)

    Record. When any final action has been taken by the Board of County Commissioners, its record, together with a certified copy of its minutes and resolutions pertaining to such action shall be transmitted to the Department for filing, and the same shall be open to the public for inspection at reasonable times and hours.

    (3)

    Voting Requirements. Save and except as otherwise provided by ordinance, all actions taken by the Board of County Commissioners under this article shall be by a majority vote of all members present. When there is an insufficient number of votes to either affirm or reverse a Community Zoning Appeals Boards' resolution or on a direct application there is an insufficient number of votes to either approve or deny an application, the result shall be deemed a tie vote. Whenever a tie vote occurs, and no other available motion on the application is made and approved before the next application is called for consideration or before a recess or adjournment is called, whichever occurs first, the matter shall be carried over to the next regularly scheduled meeting.

    (H)

    The procedures set forth in Section 33-311(D) and (E) shall be applicable to hearings held pursuant to this section.

    (I)

    The chair, or vice-chair or acting chair, may administer oaths and compel the attendance of witnesses in the same manner prescribed in the circuit court.

(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1E, 12-4-62; Ord. No. 73-46, § 1, 5-1-73; Ord. No. 74-20, § 7, 4-3-74; Ord. No. 74-40, § 5, 6-4-74; Ord. No. 74-69, § 1, 9-3-74; Ord. No. 75-47, § 6, 6-18-75; Ord. No. 75-100, § 2, 11-4-75; Ord. No. 77-55, § 1, 7-19-77; Ord. No. 83-70, § 16, 9-6-83; Ord. No. 84-70, § 1, 9-4-84; Ord. No. 87-6, § 1, 2-17-87; Ord. No. 88-112, § 2, 12-6-88; Ord. No. 89-10, § 6, 2-21-89; Ord. No. 90-26, § 3, 3-20-90; Ord. No. 90-31, § 3, 4-3-90; Ord. No. 90-36, § 1, 4-17-90; Ord. No. 90-59, § 3, 6-19-90; Ord. No. 90-76, § 4, 7-24-90; Ord. No. 92-84, § 2, 7-21-92; Ord. No. 95-79, § 3, 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-62, § 1, 5-7-96; Ord. No. 96-123, § 1, 7-18-96; Ord. No. 96-127, § 35, 9-4-96; Ord. No. 97-9, § 2, 2-4-97; Ord. No. 97-16, § 3, 2-25-97; Ord. No. 97-131, § 1, 7-22-97; Ord. No. 97-198, § 2, 11-4-97; Ord. No. 98-2, § 2, 1-13-98; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 98-175, § 3, 12-3-98; Ord. No. 99-3, § 1, 1-21-99; Ord. No. 99-118, § 2, 9-21-99; Ord. No. 99-166, § 5, 12-16-99; Ord. No. 00-31, § 2, 2-24-00; Ord. No. 00-51, § 2, 4-11-00; Ord. No. 01-121, § 2, 7-24-01; Ord. No. 01-161, § 1, 10-23-01; Ord. No. 01-227, § 6, 12-20-01; Ord. No. 02-23, § 7, 2-12-02; Ord. No. 02-56, § 2, 4-23-02; Ord. No. 02-77, § 2, 5-7-02; Ord. No. 03-93, § 5, 4-22-03; Ord. No. 03-113, § 1, 5-6-03; Ord. No. 03-120, § 2, 5-6-03; Ord. No. 03-272, § 1, 12-16-03; Ord. No. 04-108, § 4, 6-8-04; Ord. No. 04-163, § 3, 9-9-04; Ord. No. 04-203, § 16, 11-30-04; Ord. No. 04-217, § 13, 12-2-04; Ord. No. 05-143, § 12, 7-7-05; Ord. No. 06-09, § 1, 1-24-06; Ord. No. 06-23, § 2, 2-21-06; Ord. No. 06-66, § 1, 5-9-06; Ord. No. 06-190, § 1, 12-19-06; Ord. No. 07-37, § 1, 2-20-07; Ord. No. 09-81, § 6, 9-1-09; Ord. No. 10-09, § 1, 2-2-10; Ord. No. 10-58, § 11, 9-21-10; Ord. No. 11-62, § 3, 8-2-11; Ord. No. 13-16, § 10, 2-5-13; Ord. No. 14-15, § 1, 2-4-14; Ord. No. 14-37, § 8, 4-8-14; Ord. No. 13-106, § 1, 11-5-13; Ord. No. 13-119, § 2, 12-3-13; Ord. No. 15-129, § 1, 11-3-15; Ord. No. 16-91, § 31, 9-7-16; Ord. No. 17-43, § 7, 7-6-17; Ord. No. 17-91, § 2, 11-21-17; Ord. No. 18-3, § 2, 1-23-18; Ord. No. 18-66, § 6, 6-5-18; Ord. No. 18-81, § 5, 7-24-18; Ord. No. 18-136, § 2, 11-8-18)

Editor's note

Section 1 of Ordinance No. 97-9, adopted February 4, 1997, which amended previous provision § 33-314(c), shall apply to zoning applications filed with the Department of Planning, Development and Regulation prior to February 4, 1997. Section 2 of this ordinance shall apply to zoning applications filed with the Department of Planning, Development and Regulation on or after February 4, 1997.