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Home My WebLink AboutO-10896J-91-408 5/20/91 10896 0896 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, By DELETING IN ITS ENTIRETY SECTION 2105 ENTITLED "STATUS OF DEVELOPMENT PERMITS OR CERTIFICATES OF USE ISSUED PRIOR TO ADOPTION OR AMENDMENT OF ORDINANCE," AND SUBSTITUTING A NEW SECTION 2105 ENTITLED "STATUS OF APPLICATIONS FOR DEVELOPMENT PERMITS"; PROVIDING CRITERIA FOR EVALUATING AND DETERMINING STATUS OF DEVELOPMENT PERMIT APPLICATIONS AND DEVELOPMENT PERMITS ISSUED PURSUANT TO PRIOR AND CURRENT ZONING ORDINANCES, AND EXTENDING THE TIME LIMITS FOR OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND OCCUPANCY PURSUANT TO SAID ORDINANCES; FURTHER, BY AMENDING SECTIONS 2208.1 AND 2208.2 TO EXTEND THE TIME LIMITS FOR BOARD RECOMr',N[ TNi TIONS TD THE CITY COMMISSION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 15, 1991, Item No. 3, following an advertised hearing adopted Resolution No. PAB 33-91 by a vote of six to one (6 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 MU MI, 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:l/ * * * ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES * * * 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. .••iLir.: i■■r.� ■ =■■ .• .0 • • • .• ti •■ ■ •.. n ■ • s i ■ .r• LIA w . • �■■. ■ . .� ti :� .. 2 10896 j � � I :�=s.i.r ••��$:.�=r:•>_aGiiri �3wiiiui� �' �il�r.i��'.�.i�:i.w�%i:w •� ii..:■�:�il:w�� • • . • • •1 • . . ■ • • VIVA OL.All.• LwWk I. • • ■ ■ :■ .� • .• . • . ti ..:. .ram .. . .. . _. - r. . ■ ■ .. . 1�1liota.�•}ll��./1►�1•/IIM1}�•/!t`iill� �/�I+�/I�ni/!■■!l• wit/ 1��■ ■lf./■lR-�l•li■�■r�a �.�w� tns:■�■•nli:.lti•■�w■t.�.l•�.at��[+w�.nl.■w■■�I.�:..Ir.■■■�g�t•�In��w.wnil_�:nla _ • • M. • • i • • • • ■■ t •■■ rrl • ME .r .I . . • Y ■'. • Y .. It r_ • •1� •I . .. • . • . it -' �. ■. .. •� r w. ti . w ■ ..• r• Ip- Y �.. •� .._ ■ .m ti Y . wit lv.L.1 wy ilk Y • Y • . - .. - • . • - • ■ t Y II w -a ZgJLLW l�l !•I 1*�•I.l�AYf■IRrT•�41�..f��?�■�t.tl�f�14�r.7•lf�l_'�w Aw■w■.r•r.�.�q�,.r�•i•■w�•._ e:ve=_:e. - • • - ti - Y■ - . i• .� . • • . !A•�-�•\R�i-t.IrI..■�•�•l.*wq ■w•�•�.:�ilill■R.fN7 ��I �.f�frrl•fr�4r •..I. .1 � OmitiWmwll.�•}...l�r_T��l��!•��..:dm&./.1.I.P ■�c��r�9•Pew!•w��.J�C-�lf1.1!\�•�ln.!•-}A.�■ln ��rl:1�t♦ -5- 10896 rhearrease be. in the event an appeal is (.$) -er--e lioeer Sec . 2105 . Stat Oft i rat i nn5 for deve rv^n+cni � tx�rmi o f-� 4, 19401 2105.1.1. awful deyelnt phi 4- of Occupancy have been 'ss»ad prior t0 S pt 11 Y' 4. 1990: nothing in this ordina ce shall ]%oh d tO require a chance in the puns, construction or designated use of the bui �� g or structu_rp or portion thereof under actual construction provided said construction is continuous and without interniption (except for lust cause) as s;fied in the South Florida Building Code 2105.2.. Statu4 Of appl i rat i nnG„o for 1 oune_nt• nPrmi is and cer'tiflcates filed before the effect* dat of_Zmina Ordinance TJr, 1100 (�� nm4�ar 4r 1_g901� All such anplirat;nos (except for building pe�ttits) shall be reviewed in accordance with provisions of Ordinance No 95nc� (or m_accordance with this ordinance, at the discretion of the =licantl An application shall be reviewed totally under the old regulations or totally under the new but not un er both Except as specified in section 2105 2 1 and 2105 3 herein ccm- ete applications for the building peMi.ts (including all building Plans, drawinas surveys and legal documents req i� �.i.red by amlicable law ordinance, statute or regt�l ation)_ y be filed and acce ed in accordance with the provisions of inanre No 95nn a_L until December 1 1991• b) up to 180 days frogn the final ec's'on on sa' a lication for a develgrffignt 't or ecision -6- 10896 lirt- - ON 1 wt, _ _ .!. _ • !._ --!i� • __ �.! • .!.__ !!.' l ' • i�!L_. __ice! J - - 9! _ _ � _ • } I►.z x _ l.�: - J! _ _ � _ - i�!L__... i=_Ili ! • _ !._ . •.1.--_!building peoLit or certificate of cunancv shall b,-- issued •filed afte. accgrdjW to section 2105.4. 2105,2,1, Phased Projects, Phased develgLMM - projects which have been reviewed and approved in accordance with the provisions of Ordinance No. 9500 s all be entitled to building permits) pursuant to Qrdinance Nos. 6871 or 9500, provided the entire project has been reviewed and approved prior to the effective date of Ordinance No. 11000 The buil inc hermit for the initial stage of construction shall be subject to the time limitations in section 210 1 1 Approval of building permits in accordance with the provisions of -7- 10896 - has17t. . .2 • • 11 • •-=�lL'.!. ,_•t' t w.,- r E4 A ��- i GPA - !1. -!e-South • •. 1- !� •� - •MUt Elonaff-In 2105-3. Status of =• •!� Where d9129%=S were made or conditions�safeauards and _is!L iremnts attached to g!_ :lits • - s _ - ! - •.IL_ • aRpn•J % of clusters or —similar • - C loments under- • • ---l. ! QLil._n- !. Nog. 6871 and 9500 or i_ . • i! - ! ggrggmMts. onditionsL safe such zoning is mWaled or aTmnded , exceat-- where -current zoning sWgifically removes Ss! jr-Sty or _m _ • I)rOvided h,. accordina -to— the South Flori-da Building Code: -b) cgMtruction ha_e • - -• or - • - unit of • l . -• project been ccmleted. These •rs= { only be amended conformance ordinance by - auth • • .•- y • issued the oriainal oennit. Where the city has ipreviously issued a develoamnt order or • • • let —ter of •- eanination under •ll - or •.. • •isions of - • SI 1. • •. •under the • •sions Of Prior Zan-IncrOrdinance No. 6871, effective 2, 1961 or under the-p—rovisions of prior Zomincr Ordinance No. 9500, effective - 27, 1983, pertainina mgional iumct,said amroval shall- in • -effect • the provisions of ardumme shall be deemed n• • ' S g said 4 el2f=e the- develqpLnp= order or to intergre . _ - - • {4." .1 i• " _. S4 ! " Sli ! ! =�� , _ _.1 • - ills! termsof d •xdinance as 1• ! _s the_ ii{Sl_. • 1. •{l__!L' 1 -- _•1 SI 1. _ deve shall ' Sl" _t.!l{L: • . _ � ��: _ • �S{i^,1 • _L -_. � ��'ll.�! J _I. - �.{li{-- - • ! • not be deemed • •n- —WE --- - •v !! or •aLlo-nment under_ the terms of -c io-n 1101hereof. lawful representative thereof who prior to the effective date of any legislation r pe lint or modifying regulations which activity, ly filed all a come the Tested ete amlicatim for a develo rent p { t (s) with the app�pr� ate city department. is hereby authorized to proceed with such amlicationlsl regardless of the subs gent repeal of regulations relevant to such recruested activity unless the contra_ry is specifically decreed In no case shall an application be accepted subsequent to the effective date of an ordinance which precludes the approval or action applied for Applicants for said development permits shall be allowed to mak changg= in their aml i cation (s) only when so rerni the City as a result of its review of the application s 1 10896 wY s�4/It ARTICLE 22. AMUMMEN'rS Sec• 2208• Hearings of boards and report to City Ccanission; time limits. -10- 10896 2208.1. zoning board. Public hearings required before the Zoning Board shall be held within sixty (60) days from the date the application for amendment is filed in the hearing boards division of the Planning, Building and Zoning Department. Unless a longer time be mutually age upon in the matter by the Zoning Board and the City Commission, the Zoning Board shall file its reccamiendation within Y—(367 forty-five (45) days, or lacking a quorum, within ioA VT57 sixty (60) days after the public hearing has been scheduled before the Zoning Board, (See section 2208.3 below.) 2208.2. Planning Advisory Board, Public hearings required before the Planning Advisory Board shall be held within sixty (60) days after the proposal for amendment has been filed in the hearing boards division of the Planning, Building and Zoning Department. Where reports of other departments of the city are requisite to proper consideration of the matter, the proposal for amendment shall not be set for public hearing and the time requirement of this paragraph shall not run until such reports have been certified by the appropriate city department head as being completed or ready for use in the matter. Unless a longer time be mutually agreed upon in the matter by the Planning Advisory Board and City Commission, the Planning Advisory 'Board shall file its recommendations with the City Commission within forty-five W days, or lacking a quoriun, within (451) sixty (60) daysafter the public hearing has been scheduled before the Planning Advisory Board, except for City initiated legislation, in which case there shall be no time limit. (See section 2208.3 below.) 2208.3. Exception to time limits. The time limits set out in sections 2208.1 and 2208.2 shall not include any day of the month of August. -11- 10896 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 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 2 3rd day of May , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 20th day of June 1991. G"Gc�-R-..• ATI'ES XAVIER L. S Z, R Z;;jj" MATTY H RAI, CITY CLERK PREPARED AND APPROVED BY: E. MAXWELL )EKEF ASSISTANT ITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: - 12 - 10896 3 PzW1 PLANNING FACT SHEET APPLICANT City of Miami Planning, Building and Zoning' Department: April-24, 1991 PETITION 3. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 21 Administration, Enforcement, Violations and Penalties, Section 21051 by changing the title and revising the text of the section to extend the time limits for obtaining building permits and certificates of use and occupancy pursuant to Ordinance 6871, 9500 and 11000; and by amending Article 22 Amendments, Section 2208.1 and 22b8.2, to extend the time limits for Board recommendations to the City Commission. REQUEST To amend Coning Ordinance 11000 by extending previous deadlines. PLANNING RECOMMENDATION Approval, BACKGROUND Now Zoning Ordinance 11000 was adopted March 0, 1990 and took effect September 4, 1990; applicants were given 180 days (until March 2, 1991) to obtain all their necessary permits under prior Zoning Ordinance 9500. Certain applicants were unable to obtain their permits by that deadlino, 13 THU P . 0 3 ANALYSIS These amendments would extend time frames in the following manner: I. 1he 1Aa�c, � Section 2105 has been Sepa into two procedures a) the time frames for the transition from prior Zonin Ordinances 6871 and 9500 to 11000 and b? time frames for amendments to 11000. 2. For those-aulica jons tg_�evelonment r its and certificates of occupancy filed a series of, -alt&rnatiyg deadlines to obtain building pgrMjts under prior Zoning Ordinance 95000 is - established. 3. A new WIDOW Qf . opurtld!]iU would be rovided up 19 M y 1992 to obtain under prior Zoning Ordinance 9600 provided the an.jjcation was filed and accepted by December 3I ,� i1921 and provided the initial19 , applic for development permit (e.g. variance) was filed by 3sct� ember j, 11990. 4. Where prior approvals have been granted for permits and variances for PUDI-s' PUN's M's,. cl ,a ilrs, and --the like-- under_ Rrj� Z,=ing_ rdinances 6871 a„9500, they shall remain in effect, unless current zoning ,gloves the limitations and provided =struction has gommenced (at date o� Agg t i W-1 5. The time frame for Zonin Board and Planning Advisory Board recommg lations to be filed with the City Commi ss'ion has been aAt=Ap& qlacking a or m,! f m 45 days t RECOMMENDATION PLANNING ADVISORY BOARD At its meeting of May 15, 1991, the Planning Advisory Board recommended approval of the above, as amended, by a 6 to 1 vote. CITY COMMISSION At its meeting of May 23, 1991, the City Commission passed the above on First Reading. 1089 1