HomeMy WebLinkAboutO-10877a
J-90-967
11/19/90
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 16,
ENTITLED "SPECIAL EXCEPTIONS; DETAILED
REQUIREMENTS," BY AMENDING SECTIONS 1600 AND
16051, AND ADDING A NEW SUBSECTION 1605.1;
ARTICLE 19, ENTITLED "APPLICATION FOR
VARIANCE FROM TERMS OF ORDINANCE," BY
AMENDING SECTION 1901 AND SUBSECTION 1903.2;
AND FURTHER BY AMENDING ARTICLE 22, ENTITLED
"AMENDMENTS," BY AMENDING SUBSECTION 2215.1;
ALL OF SAID CHANGES TO CLARIFY APPLICATIONS
FOR SPECIAL EXCEPTION AND VARIANCES AND TO
UNIFORMLY REFERENCE PROCEDURES FOR CHANGES TO
ORIGINAL APPLICATIONS; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 7, 1990, Item No. 2, following an advertised public
hearing adopted Resolution No. PAB 73-90 by a vote of 8 to 1,
RECOMMENDING APPROVAL of amending Ordinance No. 11000 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
Ordinance No. 11000 as hereinafter set forth;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, is hereby amended by
amending the text of said ordinance as follows:/
"ARTICLE 16. SPECIAL EXCEPTIONS;
DETAILED REQUIREMENTS
Sec. 1600. Regulations applying.
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.
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Issuance, issuance with conditions and safeguards
attached, or denial of Special Exceptions, is governed
by regulations applying to special permits generally as
set out in article 13 of this ordinance, regulations
applying to particular uses or occupancies appearing in
the official schedule of district regulations.
regulations applying to particular uses and occupancies
that may be set out elsewhere in this zoning ordinance,
and regulations set out in this article.
It is the intent of this zoning ordinance that a
grant of Special Exception is adequate and sufficient
to the particular circumstances and that no application
for a variance will be accepted which would attempt to
alter the terms or dimension specified in this zoning
ordinance for the use governed b-Y a grant of Special
Exception:-; it being understood that an application for
a variance to relax other term-s limited to: height,
Lot coverages dimensigns of yards, parkin othe
_i�g r- oAen
spaces and�or loading requirements, may be accepted
Sec. 1605. Changes in ori.gina1 aRplicationa• Notices;
hearings.
1605.1 Regtiirements concerning changes in original
pQ_ica ions after processing begins
Changes may be made in the original application
only by following the requirements of section 2215
1605.i7--2:,-, Notice on Special Exceptions.
ARTICLE 19. APPLICATION FOR VARIANCE FROM TERMS OF
ORDINANCE
Sec. 1901. Variance defined; limitations.
'! A variance is relaxation of the terms of the
ordinance where such action will not be contrary to the
public interest and where, owing to conditions peculiar
to the property and not the result of actions of the
applicant, a literal enforcement of fh4 a ,,,-,a;,,,---
would result in unnecessary and undue hardship on the
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property. As used in this ordinance, a variance is
authorized only for height, lot coverage, dimensions of
yards, parking, other open spaces and/or loading
requirements.
It is the intent of this zoning ordinance that a
grant of Special Exception, under article 16 of this
ar hicl - zoning ordinance is adequate and sufficient to
the particular circumstances and that no application
for a variance will be accepted which would attempt to
alter the terms or dimensions specified in this zoning
ordinance for the use governed by a grant of Special
Exception-; it being understood an application for a
variance to relax other terms limiter; to., height lot
coverage-, dimensions of Yards, harking, other open
space and%or loading requirements, may be accepted
A variance is not a special permit.
1903.2. Changes in original applications: Notice of
public hearing.
Changes may be made in the original application
only by following the requirements of Section 2215
Notice of public hearing shall be given as set out in
Section 62-55(1) through (4) of the Miami City Code.
* * *
ARTICLE 22. AMENDMENTS
Sec. 2215. Requirements concerning changes in original
applications after processing begins.
The following limitations and requirements apply
where changes are made in original applications for
amendment after processing begins:
2215.1. Substantial changes defined: changes prior to
notice of public hearing.
Substantial changes affect the essential part of
the application, not just the form of the application
A-s_ are determined by the Zoning Administrator, upon a
request to review proposed modifications to
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applications for variances, Special Exceptions, Major
Use Special Permits or zoning atlas amendments by
persons defined in section 2202.1(e), using the
following criteria:
a) the requested change exceeds the zoning
regulations:.
b) the footprint of the building is proposed to
be moved by more than ten (10) feet in any
horizontal direction;
c) the height of the building or any portion
thereof is proposed to be increased by more
than five (5) feet, or five (5) percent of
the height of the building whichevenr j&
greater, in a vertical direction; or
d) any other change, which in the evaluation of
the Zoning Administrator, has not been part
of the prior application, has not been
reviewed and evaluated by the staff, and has
a serious effect on the project proposed by
the application.
By mutual agreement between the Director of the
Department of Planning, Building and Zoning and other
affected parties, substantial changes in original
applications may be made prior to publication of notice
of hearing; provided, that where such changes require
major alteration of Department of Planning, Building
and Zoning reviews and recommendations already prepared
and based on the original application, a second
application fee shall be required.
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 this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
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t-IN\
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day
of March , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of April , 1991.
ATT T
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
I /i 0 in i /�j//
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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 VAIllams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a dally
(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
Legal Notice
Re: Ordinance No. 1:0877
Inthe ... ...........x.X.X............ Court,
was published In said newspaper In the Issues of
May 6, 1991
Afflant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and thhat the said newspaper has heretofore been continuously
published In sold Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami In said
Dade Co ty, Florida, for a period of one year next preceding
the firs pu lication of the attached copy of advertisement; and
affiant turth r says that she has neither paid nor promised any
perso It or corporation any discount, rebate, commission
or re nd or the purpose of securing this advertisement for
publl at n in the id newspapper.
o-" pRY •s
w'swum to %bacribed before me this
i
6th.. Day of ...... ... w.......
A.D. 19...91.
(SEAL) `�„*OF
"OFFICIAL NOTARY SEAL"
CHERYL H. MARKER
MY COMM. EXP. 4/12/92
(SEE ATTACHED)
Page 1 of 2
of 2
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PLANNING FACT SHEET
APPLICANT
City of Miami Planning Department:
October 17, 1990
PETITION
2. Consideration of amending Ordinance No. 11000,
as amended, the new Zoning Ordinance of the City
of Mimi, Article 16 Special Exceptions:
Detailed Requirements, by amending Section 1600
.and by adding new subsection 1605.1; Article 19
Application for Variance from Terms of
Ordinance, by amending Section 1901 and
subsection 1903.2;' Article 22 Amendments, by
amending subsection 2215.1; all to clarify
applications for special exceptions and
variances and to uniformly reference procedures
for changes to original applications.
REQUEST
To amend the toning Ordinance to clarify
restrictions between applications for special
exceptions and variances and to uniformly
reference procedures for changes to original
applications.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
ANALYSIS These amendments would:
1. Clarify, in both Articles 16 and 19, that
while no application for a varies will be
04 accepted which would alter the terms of a
grant of special exception; an aRR ication
for a variance to relay other terms will be
accepted. Example: certain cgMnitX-based
residential facilities are required to be
2500 feet apart; no application for variance
will be accepted which would attempt to
change the 2500 foot dimension. However, an*
application for vari anee may be accepted
which would seek to reduce other terms such
as the side Xar�ui based on the
hardship test.
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2.. Reference the groge ure for consideration of
changes in griginal applications
for
variances, soecial exceptions and changes of
zoning now contained in section 2215 (Zoning
Amendments). This section also should be
referenced appropriately in section 160A
(Special Exemption) and section 1903.1
(Variances). This section (2215) is already
referenced in section 1706 (Major Use
Special Permits).
RECOMMENDATION
PLANNING ADVISORY BOARD At its meeting of November 7, 1990, the Planning
Advisory Board adopted Resolution PAB 73-90 by a
8 to 1 vote, recommending approval of the above.
CITY COMMISSION At its meeting of January 24, 1991, the
City Commission continued the above:
r
At its meeting of February 28, 1991, the
City Commission continued the above.
At its meeting of March 28, 19911 the City
Commission passed the above on First
Reading.
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