Florida > Local County > Miami-Dade > Department Of Planning And Zoning
Administrative Modification Application - Florida
| Administrative Modification Application Form. This is a Florida form and can be used in Department Of Planning And Zoning Miami-Dade Local County . |
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ADMINISTRATIVE MODIFICATION APPLICATION FOR ZONING HEARING CONDITIONS, AGREEMENTS AND REFORMATIONS WITH INSTRUCTIONS AND CHECKLIST FILING ADMINISTRATIVE MODIFICATION APPLICATIONS must be filed in person with the Zoning Administrative Review of the Miami-Dade County Department of Regulatory and Economic Resources, located on the 11th floor of the Stephen P. Clark Center, 111 N.W. First Street, Miami, Florida. Applications may only be filed with an appointment with a Zoning Hearings Analyst. Applicants should meet with staff prior to filing to ensure applications are complete and in order at the time of filing. Appointments are required. Call (305) 375-2640 to schedule appointments to file applications or arrange for a pre-filing review. Incomplete applications will be rejected. DOCUMENTS The attached application form must be completed and executed and must be accompanied by any required documents including affidavits as specified under Standards and Review Criteria below. If the application involves a restrictive covenant, the application shall demonstrate that any procedural or other consent or approval requirements to modify or eliminate the restrictive covenant have been satisfied. (Example: If the text of the covenant requires signatures from neighboring property owners, those signatures are required at time of filing). Please see the attached Applicant's Check List for a more detailed list of documents and fees required for submittal. REVIEWS Applications accepted by the Zoning Hearings Section will be reviewed for sufficiency and forwarded to the appropriate offices for further review which may include: Division of Environmental Resources Management/Public Works/Waste Management and Fire Department. Once approved by the Director, the result will be published in the newspaper of general circulation (the Miami Daily Business Review) and a 30-day appeal period will commence. Additionally, notices will be mailed to the property owners in the area advising them of the decision and the appeal process. IMPORTANT: Applications to modify or eliminate a Restrictive Covenant or part thereof may not be filed under this Administrative Modification process if the covenant requires a public hearing. Site plans may not be modified under this provision if the modification or elimination of conditions or restrictive covenants were imposed simultaneously with a district boundary zone change. American LegalNet, Inc. www.FormsWorkFlow.com STANDARDS AND REVIEW CRITERIA Applicant must give a full, detailed explanation of compliance with the applicable section listed below. Sec. 33-310.1. Administrative modification or elimination of conditions and restrictive covenants. A Standards The Director is authorized to consider and approve applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution, and to modify or eliminate any restrictive covenant, or part thereof, accepted at public hearing, where the requirements of at least one of the following subsections has been demonstrated. Upon demonstration that such requirements have been met, an application may be approved as to a portion of the property encumbered by the condition or the restrictive covenant where the condition or restrictive covenant is capable of being applied separately and in full force as to the remaining portion of the property that is not a part of the application and both the application portion and the remaining portion of the property will be in compliance with all other applicable requirements of prior zoning actions and of this chapter. II. Reformation of Resolutions to Correct Clerical or Scrivener's Errors. (A) The Director shall approve an application to reform a clerical or scrivener's error in a prior zoning action, including an error in an application or notice, which error causes the zoning action not to accurately reflect the board's intent, and where it is demonstrated that all of the following requirements are met: 1. 2. the reformation shall not include a change of judgment, policy, or prior intent of the board; prior to the conclusion of the public hearing at which the zoning action for which reformation is sought was taken, the current applicant either did not know of the error, or knew of the error and made it known to the adopting board; the reformation of the previous resolution is essential to insure that the zoning action reflects the intent of the adopting board; the record, including but not limited to the staff recommendation, minutes, and motion, evidences the clear intent of the board; the substance of the decision of the board was evident at the time of the adoption of the zoning action, and there was no intent to deceive the public or the board on the part of the current applicant at any time; failure to approve the reformation would lead to an unjust result; the error in the prior zoning action did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and any errors related to public notice did not affect the legal sufficiency of the required notice. 3. 4. 5. 6. 7. 8. (B) Notwithstanding the foregoing provisions, the Director, within thirty (30) days of the transmittal of a resolution, may reform a clerical or scrivener's error in a zoning action without public notice, if: 1. 2. the error is not related to public notice, and the error causes the resolution as written to inaccurately reflect the clear decision of the board. III. Modification or Elimination of Conditions and Restrictive Covenants Associated with Voluntarily Abandoned Zoning Actions. The Director shall approve an application to American LegalNet, Inc. www.FormsWorkFlow.com modify or eliminate a condition or part thereof, or a restrictive covenant or part thereof (except where the covenant requires a public hearing), where it is demonstrated by the following that the condition, restrictive covenant or part thereof was imposed to mitigate the adverse impacts of a zoning action which has been entirely and voluntarily abandoned, in that: (A) the applicant has provided a sworn affidavit stating that the applicant has sufficient title and authority to abandon the development rights under the zoning action for the property for which the modification or elimination is sought, that the applicant intends to abandon the zoning action and all rights there under, and that no material changes to the character or use of the land have ever been u
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