HomeMy WebLinkAboutO-12035J-01-167
2/15/01
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 62, SECTION 62-129 (4) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "COURTESY NOTICE", IN ORDER
TO INCREASE THE RADIUS FOR COURTESY NOTICE.OF
PUBLIC HEARINGS TO BE RECEIVED BY PROPERTY
OWNERS FROM 375 FEET TO 500 FEET; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has been determined that a 375 foot courtesy
notice radius may be insufficient to adequately notify property
owners of zoning applications which may affect their areas; and
WHEREAS, the existing City Code provisions should be
modified to extend the notice radius to 500 feet to ensure
courtesy notices within the areas affected by zoning
applications;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
•
Section 2. Chapter 62 of the Code of the City of Miami,
Florida, as amended, is hereby amended to read as follows:l'
"Chapter 62.
ZONING AND PLANNING
ARTICLE V. APPOINTMENT OF MEMBERS AND
ALTERNATE MEMBERS OF THE PLANNING ADVISORY
BOARD AND ZONING BOARD
Sec. 62-129. Same - Types.
The requirements for the types of public notice
are as follows:
(4) Courtesy Notice. Courtesy notice
,is not required when the city, or
its designee, initiates (a) a
comprehensive plan, or zoning
ordinance encompassing the entire
city or (b) a comprehensive plan
amendment, change of plan
designation, zoning ordinance
amendment or change of zoning
classification of private property
which deals with more than five
percent of the total land area of
the city. If required, notice of
the time and place of the public
hearing by the planning advisory
board, zoning board,, or city
commission, as the case may be,
shall be sent at least ten days in
advance of the hearing by mail to
all owners of property within 3:7S
500 feet of the property lines of
the land for which the hearing is
required. The applicant shall be
1' Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
Page 2 of 4
12013*5
charged the appropriate fee for the
mailing. For the purpose of this
requirement, the names and
addresses of property owners shall
be deemed those appearing on the
latest tax rolls of the city. The
director of the planning, building
and zoning department, or his/her
designee, shall certify at the time
of the public hearing that notice
as herein required was given to the
persons as named and with addresses
shown on his certification by the
placing in the mail system of the
United States on the date certified
the courtesy notice; the
certification shall be conclusive
of the giving of courtesy notice;
in the case of condominiums, each
individual condominium unit owner
shall be notified as described
herein. No action taken by the
planning advisory board, zoning
board, or the city commission, as
the case may be, shall be voided by
the failure of an individual
property owner to receive such
courtesy notice.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Page 3 of 4 12035
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.2�
PASSED ON FIRST READING BY TITLE ONLY this
February 2001.
22nd day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 29th day of March , 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated placrovided, said legislation nevi
becomes effective with the elapse of to (10) s Ule Commis ' ction
ATTEST: regarding same, without the Mayor erci
wafter em ity Clei*
WALTER J. FOEMAN
CITY CLERK .®
APPROVED AS
ALEJAN V
CI'Ih> TOad
018 :,MT: B S S
RRECTNESS:
iz1V
z This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 4 of 4
® PZ -25
SECOND READING
APPLICANT
REQUEST/LOCATION
LEGAL DESCRIPTION
PLANNING FACT SHEET
City of Miami Planning and Zoning Department
Consideration of amending Chapter 62 of the Code of the City of
Miami
N/A
PETITION Consideration of amending Chapter 62, Section 62-129 of the
Code of the City of Miami, Florida, by amending subsection (4)
Courtesy Notice, in order to increase the radius for courtesy
notice of public hearings to property owners from 375 to 500 feet.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The attached ordinance would require that courtesy mail
ANALYSIS notices be sent to individual property owners, on zoning items, for a
radius of 500 feet from the subject property (versus the 375 feet
fiyt presently required). The administration supports this ordinance in
that a greater number of property owners would receive notice of
upcoming zoning items that have potential effects on their area.
PLANNING ADVISORY BOARD: N/A VOTE: N/A
CITY COMMISSION Passed First Reading on February 22, 2001.
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 2/15/2001
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