Miami Beach |
Code of Ordinances |
SubPart B. LAND DEVELOPMENT REGULATIONS |
Chapter 118. ADMINISTRATION AND REVIEW PROCEDURES |
Article IV. CONDITIONAL USE PROCEDURE |
§ 118-194. Compliance with conditions.
(a)
No occupational license, certificate of use, certificate of occupancy, or certificate of completion shall be issued until all conditions of approval have been met. The establishment of a conditional use without complying with the conditions of approval shall constitute a violation of these land development regulations and shall be subject to enforcement procedures as set forth in section 114-8, and as provided herein.
(b)
Within a reasonable time after a conditional use application or amendment has been approved, the applicant shall record the planning board's action and conditions in the public records of the county. No building permit, certificate of use, certificate of occupancy, certificate of completion or occupational license shall be issued until this regulation has been complied with.
(c)
The board may revoke or modify a conditional use approval pursuant to the following procedures:
(1)
The planning director shall notify the applicant by certified mail of the failure to comply with the conditions of the approval;
(2)
If, after expiration of a 15-day cure period commencing on the date of the notice, the applicant fails to comply with the conditions, or the applicant has exhibited repeated or intermittent noncompliance with the conditions prior to the cure period and the planning director is concerned about further repeated or intermittent noncompliance, the planning director shall advise the board at the next meeting and the board may consider setting a public hearing for the purpose of examining the noncompliance issues;
(3)
If the board elects to set a public hearing, the planning director shall place the matter on the board's agenda in a timely manner and all notice requirements imposed for conditional use applications as set forth in section 118-193 shall be applicable, with the addition of notice to the applicant; and
(4)
The board shall hold a public hearing to consider the issue of noncompliance and the possible revocation or modification of the approval, and, based on substantial competent evidence, the board may revoke the approval, modify the conditions thereof, or impose additional or supplemental conditions.
(d)
In determining whether substantial competent evidence exists to support revocation, modification or the imposition of additional or supplemental conditions to the approval, intermittent noncompliance with the conditions, as well as the frequency, degree and adverse impact of such intermittent noncompliance, may be considered by the board.
(e)
In the event the board takes any of the enforcement actions authorized in this section, the applicant shall reimburse the planning, design and historic preservation division for all monies expended to satisfy notice requirements and to copy, prepare or distribute materials in anticipation of the public hearing. The applicant shall not be permitted to submit a new application, for related or unrelated matters, nor shall an application be accepted affecting the subject property, for related or unrelated matters, for consideration by the board of adjustment, planning board, design review board, historic preservation board, or the design review/historic preservation board until repayment in full of all monies due and payable pursuant to the foregoing sentence.
(f)
In addition to all other enforcement actions available to the board, based upon a board finding that the applicant has failed to comply with the conditions of the approval, the board may recommend that the code compliance director (or his/her successor in interest with respect to the issuance of occupational licenses and certificates of use), in his/her discretion, revoke or suspend the certificate of use for the subject property and/or the applicants occupational license applicable to the business conducted at the subject property.
(Ord. No. 89-2665, § 17-4(D), eff. 10-1-89; Ord. No. 96-3047, § 2, 7-3-96; Ord. No. 2001-3314, § 2, 7-18-01)