§ 33G-3. Definitions.  

Latest version.
  • Except as otherwise provided in this chapter, the following definitions shall apply to this chapter.


    Capacity. A quantitative measure of the ability of a public service or facility to provide for use of the service or facility.


    Capital Improvements Element (CIE). The Capital Improvements Element of Miami-Dade County's adopted Comprehensive Development Master Plan.


    Certificate of use (CU). A certificate of use, required pursuant to Section 33-8, Code of Miami-Dade County, Florida.


    Certificate of occupancy (CO). A certificate of occupancy, required pursuant the Florida Building Code, adopted by reference in Section 8-1.


    Chapter 163 Development Agreement. An agreement as provided for in Chapter 163, Florida Statutes and as further specified in Section 33G-8 herein.


    Concurrency statements. Written reports issued by concurrency review agencies summarizing existing and anticipated levels of service for those public services and facilities potentially affected by a proposed development subject to a request for development order. The concurrency report shall analyze:


    Whether public facilities and services meet or exceed the standards established in the Capital Improvements Element of the Comprehensive Development Master Plan; and


    Whether the requested development order, if approved, would result in a reduction in the level of the service for affected public services and facilities below the level of service standards provided in the Comprehensive Development Master Plan. This report may be included in any other timely report or recommendation of the agency which is required by statute, ordinance or regulation.


    De minimis impact. An impact on improved property: (1) that would not exceed more than 0.1 percent of the maximum volume at the adopted level of service standard of the affected transportation facility or facilities; and (2) that is caused by an increase of less than or equal to twice the density or intensity of the existing land use within a single ownership. On vacant land, proposed residential development at a density of less than one (1) dwelling unit per quarter acre or for non-residential uses, proposed development with a floor area ratio of 0.1 or less shall be considered de minimis. De minimis exceptions shall be permitted within the Urban Service Area. The cumulative total of the deminimis impacts, from both improved and vacant properties, shall not exceed three (3) percent of the maximum volume at the adopted level of service standard of the affected transportation facility.


    Development. Any construction, structures, creation of structures or alteration of the land surface, or use of land or natural resources which requires authorization by Miami-Dade County through issuance of a development order as defined in this section.


    Development order (D.O.). Any initial development order, intermediate development order, final development order, or certificate of use (CU) as defined in this section.


    Director. The Director of the Department of Regulatory and Economic Resources or successor agency, or the Director's designee.


    Enforceable development agreement. Any Chapter 163 development agreement or any agreement or development order issued pursuant to Chapter 380, Florida Statutes, or any agreement or covenant accepted or entered into by the Board of County Commissioners.


    Final development order. Any final plat or waiver of plat approved subsequent to July 1, 1989; or any site plan approval as specified in 33G-3 of this section; or any building permit(s) authorizing construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or modifications to an existing building or site to accommodate a change in use for which a new certificate of occupancy will be required; or any certificate of use authorizing a change in the use or authorizing the initial use of a parcel or structure or portion thereof where there is no other final development order in effect, reviewed and approved in accordance with this chapter, authorizing said use; or any site plan recommendation by the Executive Council of the Developmental Impact Committee for any new public educational facility or expansion of an existing public educational facility.


    Funded and programmed. An improvement included in the current County Capital Budget.


    Initial development order. Any zoning district boundary change, use variance, new use, unusual use, special exception, site plan approval (other than as defined in 33G-3 of this section), Board of County Commissioners approval of governmental facilities pursuant to Section 33-303, modification of zoning covenant or conditions, any non-use variance or administrative variance, which variance would effectively increase the potential floor area or number of dwelling units allowed in any building or on any parcel, and any recommendation by the Executive Council of the Development Impact Committee for public educational site acquisitions.


    Improved property. Any property that has been developed with a building as defined by Section 33-1 of the Code of Miami-Dade County and which possesses a valid certificate of occupancy.


    Intermediate development order. Any final plat or waiver of plat approved prior to July 1, 1989, any tentative plat, or any permit authorizing the alteration of land topography required pursuant to Chapter 24 or Chapter 28, Code of Miami-Dade County.


    Level of service (LOS) standards. The standards for minimum acceptable levels of service contained in the capital improvements element of Miami-Dade County's adopted Comprehensive Development Master Plan.


    Other service provider. Any State, regional, municipal or other non-Metro-Miami-Dade County agency having construction, operational or maintenance responsibility for public services or facilities as defined herein.


    Programmed. An improvement that is included as a proposed project in the Capital Improvements Element (CIE). Such improvements are unfunded unless in the current year of the Capital Budget.


    Programmed for construction. A proposed project that is included in the Capital Improvements Element and scheduled for construction. Such improvements are unfunded unless in the current year of the Capital Budget.


    Public services and/or public facilities. Services for which level of service (LOS) standards are included in the Comprehensive Development Master Plan (CDMP), whether such services or facilities are provided by government, quasi-public or private providers. Such services and facilities are roadways (traffic circulation), mass transit, local recreation open space, potable water supply, sanitary sewer, solid waste disposal, public schools, and flood protection.


    Reservation. The act of setting aside a portion of available infrastructure capacity necessary to accommodate valid intermediate or final development orders.


    Service impact mitigation measures. Measures, other than provision of services or facilities as defined herein, which will demonstrably reduce the impact of the prospective development on said services or facilities.


    Site plan approval. Those site plans approved pursuant to Chapter 33 of the Code of Metropolitan Miami-Dade County for development on lands having final plat approval prior to July 1, 1990 and located within the Urban Infill Area.


    Special part-time demand. A project that does not have more than two hundred (200) scheduled events during any calendar year, and does not affect the one hundred (100) highest yearly traffic volume hours.


    Transportation Improvement Program (TIP). An official document adopted by the Miami-Dade County Metropolitan Planning Organization (MPO) specifying proposed transportation improvements to be implemented over the coming five (5) years.


    Urban Development Boundary (UDB). The Urban Development Boundary identified on the adopted land use plan map of the Comprehensive Development Master Plan.


    Urban Infill Area (UIA). The area of Miami-Dade County located east of, and including Northwest and Southwest 77 Avenue and the Palmetto Expressway (SR 826), excluding the area north of SR 826 and west of I-95, as identified in the Comprehensive Development Master Plan.


    Urban service area. An area inside the UDB which is already built-up and where public facilities and services are already in place.


    Under construction. A public facility improvement is considered to be under construction from the date the applicable construction permit is issued by the appropriate State, regional, County, municipal, or other service provider. When the improvement is the responsibility of the developer, approval of such permit shall require proof of sufficient bonding or letter of credit securing construction.

(Ord. No. 89-66, § 1, 7-11-89; Ord. No. 91-24, § 1, 2-19-91; Ord. No. 91-60, § 1, 5-21-91; Ord. No. 92-47, § 1, 6-2-92; Ord. No. 93-84, § 1, 7-29-93; Ord. No. 94-80, § 1, 5-5-94; Ord. No. 95-90, § 1, 5-18-95; Ord. No. 17-43, § 8, 7-6-17)