HomeMy WebLinkAboutO-11058J-92-855
11/23/92 11058
ORDINANCE
AN ORDINANCE OF THE CITY OF MIAMI AMENDING
THE CITY CODE BY AMENDING CHAPTER 62, SECTION
62-35; TO PROVIDE THAT THE ZONING BOARD CAN
RESCIND, MODIFY OR CHANGE ANY RESOLUTION
HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTED
A SPECIAL PERMIT, SPECIAL EXCEPTION OR
VARIANCE IF THE BOARD FINDS THAT THERE IS A
VIOLATION OF THE CONDITIONS, RESTRICTIONS OR
LIMITATIONS IN THE SUBJECT RESOLUTION;
CONTAINING AN EFFECTIVE DATE, A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 18, 1992, Item No. 6, following an advertised hearing
adopted Resolution 37-92 by a vote of seven (7) to zero (0),
RECOMMENDING approval of amending the City Code as hereinafter
set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the City Code of the City of Miami, Ordinance No. 9120, as
amended, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
11058
Section 1. The City Code of the City of Miami, Florida, as
amended, is hereby amended by in the following particularsi/
ARTICLE IV. ZONING BOARD:
Sec. 62-35. Powers and duties generally.
(b) In furtherance of its quasi-judicial
functions under section 62-33(2) of this article, the
zoning board shall have the following powers and
duties:
(1) Special exceptions: To hear and decide
such special exceptions as the zoning board is
specifically authorized to pass on under the terms of
the zoning ordinance of the city: to decide such
questions as are involved in the determination of
whether or not special exceptions should be granted;
and to grant special exceptions with appropriate
conditions and safeguards or to deny special exceptions
when not in harmony with the purpose and intent of the
zoning ordinance of the city.
(2) Variances: To authorize upon application
such variance from the terms of the zoning ordinance of
the city as will not be contrary to the public interest
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.
-2- 11058
where, owing to special conditions, a literal
enforcement of the provisions of the zoning ordinance
of the city would result in unnecessary and undue
hardship.
3) Recission: The zoning board, after
ublic hearina, may rescind, modify or change an
resolution heretofore or hereafter adopted granting a
special permit, special exception or variance, if upon,
application filed at any time, after the grant of
special permit, special exception or variance, by the
director, the zoning board finds that there has been a
violation of any conditions, restrictions or
limitations in the subject resolution; provided, such
ublic hearina shall not be held until published notice
(per section 62-55 of the Miami City Code) has first
been given; provided further, if the director, upon
written request of any aggrieved party, refuses or
fails to make such an application, such aggrieved party
may request the city commission, through the city
manager, to instruct the director to do so. Such
decision of the zoning board shall be final unless an
appeal is instituted to the city commission within the
time, and as prescribed for other appeals thereto.
fat Other matters: To authorize and
approve such other matters as shall be brought before
-3- 11058
the board pursuant to the city charter and this Code.
* * * it
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. 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.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 10th_ day of
rpecember , 1992•
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of March r 1993.
ATTE
MA TY HIRAI
City Clerk
PREPARED AND APPROVED BY:
LINDA KELLY REARS06N
Assistant City Attorney
LKK/pb/M965
AVIER UARE , MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUI JO , II
City Attor
-4- 11058
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MATTY HIRAI
City Clerk ...... 0...
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April 13, 1993
Mrs. Priscilla Domenech
Court Uperations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11048 11052 11053 11058
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
B Y_
DUTY CITY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0706/(305) 250-5360
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AN
of M
,
MATTY HIRAI
'3
City Clerk
Gf ro t+-°a
April 13, 1993
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
Tallahassee, FL 32304
Dear Ms. DeNeve:
CESAR H. 01310
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11048 11052 11053 11058
If I can be of any further assistance, please do not hesitate to
call.
Very truly yo rs,
1
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O, Box 330701&/Miami, Florida 33233-0706/(305) 2WS360
kjt#v of �ianti
C of
MATTY HIRAI 93
City Clerk '
r�fCoYF��p`a
April 13, 1993
Katherine Fernandez Rundle, Esq.
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Rundle:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11048 11052 11053 11058
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk /
B Y :
DEPUTY CITY
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
PLANING FACT SHEET PZw17
APPLICANT City of Miami Planning, Building and Zoning Department
REQUEST/LOCATION Amendment to Chapter 62 of the City Code
0
LEGAL DESCRIPTION N/A
PETITION Consideration of vending the City Code of the City of Miami, as amended, by
ascending Chapter 62, Sec. 62.35(3), to authorise the Zoning Board to rescind,
modify or change any resolution which granted a special permit, special
exception or variance, if the Board finds that there is a violation of the
conditions, restrictions or limitations in the subject resolution.
PWMI Ills
RECOMP NDATION Approval.
V41MOO M AND The proposed amendment to Chapter 62 (Sec 62-35(3), of the City Code, which
ANALYSIS describes the powers of the Zoning Board, is necessary in order to enable the
Zoning Board, subsequent to a hearing and in accordance with the precepts of
due process, rescind, modify or chang* any previously issued resolution which
granted a special permit, special exception or variance.
PLANNING ADVISORY At its stetting of November 18, 1992, the Planning Advisory
BOARD Board adopted Resolution PAS 37-92, by a vote of 7-0. re—
cosmending approval of the above.
CITY CowassIon
At its meeting of Decambes 10, 1993, the City Commission
passed the above on First Reading.
At its meeting of January 28, 1993, the City Commission continued
the above.
At its meeting of February 25, 1993, the
the above. City Commission continued
11058
'93 RF i _ (1 -5
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CITY'MIAMI~ REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 11058
In the .............. X . X . X ................... Court,
was published in said newspaper in the issues of
April 1, 1993
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade unty, Florida, for a period of one year next preceding
thefjfd
ublication of the attached copy of advertisement; and
afflther says that she has neither paid nor promised any
perrm or corporation any discount, rebate, commission
of for the purpose of securing this advertisement for
pubn in tkp said newspaper.
Sworn to and subscribed before me this
.1 St . day of ...
(SEAL)
Sookie Williams personally
....:�4,1rs.44A.D. 19...9 j
4,
Ao��
OFFICIAL NOTARY 5ML
CRISTINA INGELMO
COMMI%ION NO. CCI010811
MY COMMt" GXP. APiL SAVIS
CITY
CHAPTER 54,
1
AN ORDINANCE AMENDING ARTICLE VI, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
1
"STREETS AND SIDEWALKS", "SIDEWALK CAFES", BY
All interested pet
ADDING DEFINITIONS; ALLOWING NEW SIDEWALK CAFES
March, 19Z, the C
IN CONJUNCTION WITH A "FOOD ESTABLISHMENT --
following titled ord
TAKE OUT ONLY", PROVIDED SUCH ESTABLISHMENT PRO-
VIDES REQUIRED OFF-STREET PARKING OR PAYS A MITI -
AN EMERGENCI
GATION FEE IN LIEU THEREOF; MORE PARTICULARLY BY
OF THE CODEI;
AMENDING SECTIONS 54.109, 54.111, AND 54.113;
AMENDED, BY A
CONTAINING A REPEALER PROVISION, A SEVFRA$ILITY
IDA STATE STAT
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
IDA STATE ST
ORDINANCE 140. 11064
287.055(10)(b) AIN
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AS SAID PROVI
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
ODS AND PRO
MIAMI, FLORIDA, BY AMENDING THE TEXT OF "ARTICLE
BUILD" PROJEC
6, SECTION 614, SPECIAL DISTRICT 14, 14.1 AND 14.2, LATIN
INITIONS TO S
QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL -
SECTION 18-52.
DISTRICTS" TO REFLECT MODIFICATIONS AND UMiTA-
AWARDS OF SA
TIONS N THE PERMITTED PRINCIPAL USES AND STRIIC-
PROVISION, SE
TURFS, CONDITIONAL PRINCIPAL AND ACGESEORY
AN EFFECTIVE
PERMITTED USES, PROPOSED SIGN LIMITATIONS AND
SPECIAL PERMITS; CONTAINING A REPEALER PROVISION,
AN ORDINANCE
SEVERASILITY CLAUSE AND PROVIDING FOR AN EFFEC-
OF ORDINANC
TIVEDATE.
COMPREHENSI
THE PROPER
ORWNANCE NO.11055
AVENUE, MIA
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE
DESCRIBED HE
OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO.
IGNATION FRO'
11000, AS (AMENDED, THE :ZONING ORDINANCE OF THE
'FOR
DENTIAL TOR
CITY OF MIAMI, FLORIDA, THE AREA GENERALLY
INGKNOWN
INS
AS SPECIAL. DWAICT 14, 14.1 AND 14.2-LATIF
THIS;
THIS ORDINAN�
QUARTER COMMERCIAL4USIDENTIAL AND RESIDENTIAL
_
A REPEALER p�F`
DISTRICTS, [ E PARTICUlARLY,DESORIBED ON
PROVIDING FOtfi
.,A„ ATTACHED HERETO, TO REFLECT-A.DELETION'OF THE
SO-14.1 COMMERCIAL -RESIDENTIAL -DISTRICT AND
AN ORDINANCES
CHANGING THE SIP14.4 RESIDENTIAL DISTRICT TO READ ,
NANCE N0.1100fQJ
AS Sb-14.1 RESIDIENTIIAL DISTRICT; CONTAINING A
OF THE CITY a
REPEALER PROVI801Y, SEVERABILITY CLAUSE, AND PRO-
401, SCHEDULEVIDING
FOR AN EFiCTNVE RATE.
ING THE ZONIN4
OIDRiANCE NO.11050
MEDIUM-DENS1
AN ORDNANCE AMENDING ORDNANCE NO. 11000, AS
THE PROPER .
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
AVENUE, MIA
MIAMI, BY AMENDING: "ARTICLE B, SPECIAL DISTRICTS
DESCRIBED HS
GENERAL PROVISIONS", TO ALLOW AUTO CARE SERVICE
EAST, WEST, ANI
CENTERS BY SPECIAL EXCEPTION IN SD-14 AND SD-14.1
TO SEPARATE -n
LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICTS
"DEFINITIONS"
ERTIES ON THE
TES,.
AND AMENDING ARTICLE 25 -TO AMEND
ALLTHEN
THE DEFINITION FOR AUTO CARE SERVICE CENTERS;
ZONING ATLAS
CONTAINING A REPEALER PROVISION, SEVERABILITY
AND A SEVERAII
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.11057
AN ORDINANCI
AN ORDINANCE OF THE CITY OF MIAMI AMENDING ORDI-
AMENDED, THE
NANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
MIAMI, FLORIDA
OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTI-
SD-2COCONUT j.
CLE 13, SECTION 13D8, ARTICLE 19, SECTION 1904, AND
AND 6.17. BOAT
ARTICLE 21, SECTION 2109; TO PROVIDE THAT THE ZONING
TRICT, TO CLAD
BOARD AND CITY COMMISSION, AS THE CASE MAY BE,
SHARED OFFST,
CAN RESCIND, MODIFY OR CHANGE ANY RESOLUTION
VISION THAT PR
HERETOFORE OR HEREAFTER ADOPTED WHIICH QRANTED
OF REQUIRED +
A SPECIAL PERMIT, SPECIAL EXCEPTION OR VARIANCE IF
PUBLIC RIGHTS
THE BOARD OR COMMISSION FINDS THAT THERE IS A
AND DINING AR
VIOLATION OF THE CONDITIONS, RESTRICTIONS, OR LIM-
CULATIONS USd
ITATIONS IN'THE SUBJECT RESOLUTION, PROVIDING FOR
REQUIREMENTS
REVIEW OF COVENANTS AND REMEDIAL ACTION;
A PROCEDURE 1
CONTAINING A REPEALER PROVISION, SEVERABILITY
LIEU OF PROVID
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
NON-RESIDENT(
ORDINANCE N&L"
AND BY AMEND
DEFINITION; Cd
AN ORDINANCE OF THE CITY 13F MIADING THE
3-M,
A SEVERABILIt
CITY CODE BY AMENDING CHAPTER 62, SECTION
TO PROVIDE THAT THE ZONING BOARD CAN RESCIND,
EFFECTIVE DAT
MODIFY OR CHANGE ANY RESOLUTION` HERETOFORE OR
HEREAFTER ADOPTED WHICH GRANTED A SPECiIAL , .
AN ORDINANCE
PERMIT, SPECIAL EXCEPTION OR VARIANCE IF THE BOARD
OF THE CITY O
FINDS THAT THERE IS A VIOLATION OF THE CONDITKINS,
TLED "MOTOR V
RESTRICTIONS OR LIMITATIONS IN THE SUBJECT RESO-
NEW ARTICLE
LOTION; CONTAINING AN EFFECTIVE ]DATE, A REPEALER
IMPROVEMENT
PROVISION AND A'SEVERABILITY CLAUSE.
LISHMENT OF
Said ordinmwes may be ►nspected by the public at the Office of
MENTS FOR P
the City Clerk, 3500 Pan American Drive, Miami, Florida. Monday
PARKING AND
through Friday, excluding holidays, between the hours of 8:00
SETTING FORT
am. and 5:00 p.m.
SE DEPOSITED, r
ITURES FROM
MATTY HIRAI
GROVE -PARKIN
ULARLY BY ADD
:
CITY CLOW
AND 35.194;
SEVERABiL11Y
MIAMI, FLORIDA
TIVE DATE.
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