Policy Text
CODE
PART III - LAND DEVELOPMENT
INTRODUCTION
INTRODUCTION
Sec. I-1. Title.
This code shall be known hereinafter as the City of Hialeah Land Development Code.
Sec. I-2. Authority.
In conformity with the Local Government Comprehensive Planning and Land Development Regulation Act,
F.S. ch. 163, part II, the land development code adopts and establishes the standards and regulations that meet the
minimum requirements of F.S. § 163.3202 and F.A.C. 9J-24.003.
Sec. I-3. Purpose.
The land development code is to provide land development regulations in order to implement the goals,
objectives and policies enunciated in the City of Hialeah Comprehensive Plan, as amended from time to time. The
primary objective of this code is to ensure that decisions permitting development and the use of property within
the city comply with the planned growth provided in the Hialeah Comprehensive Plan 2003-2015, as amended
from time to time, and reflected on the Future Land Use Map.
(Ord. No. 99-52, § 2, 4-27-1999; Ord. No. 2010-30, § 2, 5-25-2010)
Sec. I-4. Development orders.
(a)
Definitions.
(1)
Development order is the granting, denying or granting with conditions an application for any building
permit, zoning permit, subdivision approval, rezoning, certification, special exception, special use
permit, variance or any other official action having the effect of permitting the development of land.
(2)
Initial development order shall mean any development order other than a final development order.
(3)
Final development order shall mean any development order that contains a specific plan for
development, including the densities and intensities of the development, as specified in the
Concurrency Management Systems Manual. A final development order for transportation may also be
satisfied through fair share mitigation for transportation.
(b)
Development cycle.
(1)
Step 1: Planning includes the research and analysis of land use and economic development criteria to
produce a comprehensive plan, future land use maps, development regulations and related ordinances
and procedures.
(2)
Step 2: Zoning involves the administration of land uses in a manner consistent with the comprehensive
plan and the enforcement of the regulations concerning uses permitted within each zoning district or
area.
a.
Initial development orders including zoning approvals, rezoning approvals, conditional use
permits, special use permits, and use and nonuse variances.
(3)
Step 3: Platting is the process of the division of land into building lots, easements and rights-of-way
consistent with subdivision regulations and the comprehensive plan.
a.
Initial development orders include approvals of tentative plats.
Ordinances
Hialeah, Florida, Code of
b.
Final development orders include approvals of a final plat or replat.
(4)
Step 4: Building involves the coordination of all aspects of construction in compliance with the land
development code, zoning code, South Florida Building Code and other related codes, standards and
regulations.
a.
Final development order is the building permit.
(Ord. No. 99-52, § 2, 4-27-1999; Ord. No. 2007-87, § 1, 10-9-2007)
Sec. I-5. Vesting.
The city shall determine vesting during the development cycle as follows:
(a)
Nonvesting properties.
(1)
Properties in vacant acreage zoned "A" (agricultural) or G-U (interim district).
(2)
Properties submitting a preliminary or tentative plat.
(3)
Properties submitting individual subdivisions.
(b)
Vesting properties until new development occurs.
(1)
Properties with the final plat accepted by the city for approval, as of the date of acceptance.
(2)
Properties with final plat already approved and recorded.
(3)
Properties with unexpired building permits.
(4)
Properties with a certificate of occupancy.
PROCEDURES2
REGULATION NO. 1 LAND DEVELOPMENT
2Editor's
note(s)—The land development regulations are supplements to the Code of Ordinances of the City of
Hialeah. The land development regulation is not the sole source of information. The Code of Ordinances
should also be consulted prior to taking development action.