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J-88-1110
2/23/89
ORDINANCE NO. •06*4-
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, SUBSECTION 2104.6, BY
PROVIDING THAT DISCONTINUANCE OF A
NONCONFORMING USE IN PART OF A BUILDING,
AFTER A TIME CERTAIN, WILL NECESSITATE ZONING
DISTRICT CONFORMANCE FOR FUTURE USES;
ARTICLES 26 AND 31, TO PROVIDE THAT VARIANCE
APPLICATIONS WILL NOT BE ACCEPTED WHICH WOULD
ATTEMPT TO ALTER A PRIOR GRANT OF SPECIAL
EXCEPTION; SUBSECTIONS 2802.3 AND 2802.5 TO
PROVIDE MORE SPECIFIC TIME LIMITS FOR
PLANNING DIRECTOR'S RECEIPT OF MAJOR USE
SPECIAL PERMIT REFERRAL COMMENTS AND
TRANSMITTAL OF RECOMMENDATIONS; SECTION 2803,
TO PROVIDE THAT MAJOR USE SPECIAL PERMITS
SHALL BE EFFECTIVE FOR TWO YEARS, WITH TWO
YEAR RENEWAL PERIODS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 2, 1988, Item No. 4, following an advertised hearing
adopted Resolution No. 87-88 by a vote of 7 to 1, RECOMMENDING
APPROVAL, of amending Ordinance No. 9500, as amended, 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. 9500, as amended, as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 9500, the Zoning Ordinance of the
City of Miami, Florida, as amended, is hereby further amended by
amending the text of said ordinance as follows:-/
"ARTICLE 21: NONCONFORMITIES
Sec. 2104. Nonconforming uses of major structures, or of
structures and premises in combination.
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.
1..0624�
2104.6. Discontinuance.
If any such nonconforming use of a major
structure, Or any portion thereof or major structure
and premises in combination, is discontinued for any
reason (except where governmental action impedes access
to the premises) for a period of more than one hundred
eighty (180) consecutive days any subsequent use shall
conform to the regulations for the district in which
the use is located.
ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL EXCEPTIONS;
DETAILED REQUIREMENTS.
Sec. 2600. Regulations applying.
Issuance, issuance with conditions and safeguards
attached, or denial of Class D special permits or
special exceptions, is governed by regulations applying
to special permits generally as set out in Article 23,
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.
E3
ARTICLE 28. MAJOR USE SPECIAL PERMITS: DETAILED
REQUIREMENTS.
Sec. 2802. Procedures.
2802.3. Application; referrals.
Unless otherwise required by state law where the
application is a development of regional impact, or
unless a longer time be mutually agreed upon by the
director and the applicant in writing, the director
shall give notification in each referral made that any
comments, analysis, or recommendation must be received
in the office of the director not fewerr more than
twenty (20) working days from the date of the letter to
the applicant set out in the preceding paragraph.
2802.5. Application; recommendations of director of
department of planning.
Upon notification of sufficiency of application,
or upon remedying by the applicant of deficiencies in
the application, or upon the applicant's request that
the application go forward, the director of the
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10624i
department of planning shall, within not more less than
twenty (20) UUIL(-104 days of the date thereof prepare a
report and written reoommendation(s) in the matter of
the application. The director shall include any
recommendations made by referenced agencies or
officers, indicating agreement or disagreement with
such recommendations and the reason therefor. A copy
of the director's report and recommendations shall be
furnished to the applicant not fewer than five (8)
working days prior to the meeting of the planning
advisory board required by section 2802.6.
Sec. 2803. Commission disposition of application;
consideration of recommendations; findings
required.
E3
When a final application for major use special
permit is approved as submitted, or approved with
attached modifications, conditions, or safeguards, the
action of the commission shall specify clearly and
order any changes in the adopted Miami Comprehensive
Neighborhood Plan; any changes in zoning classification
or other city ordinances or regulations; any further
implementing actions and if so, their nature and
requirements; and specifications as to timing of
development under the major land use special permit.
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Seotion 4. This Ordinanoe shall become effeotive 30 days
after final reading and adoption hereof, pursuant to law.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
May , 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 31st day of July 1989.
XAVIER L. SUARtZ, MA
AT S,
ATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
('. A 56 &'0/
'L E. MAXWE
A SISTANT CIT ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
+cTG F ANDEZ
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PLANNING FACT SHEET
APPLICANT
City of Miami Planning Department:
September 30, 1988
PETITION
4. Consideration of amending Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami, ARTICLE 21. NONCONFORMITIES, Section
2104. Nonconforming Uses of Major Structures,
or of Structures and Premises in Combination,
Subsection 2104.6. Discontinuance, by adding a
phrase that even discontinuance of a
nonconforming use in a part of a building after
a time certain will trigger the requirement to
conform; ARTICLE 26. CLASS D SPECIAL PERMITS
AND SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS
and ARTICLE 31. APPEALS FOR VARIANCE FROM TERMS
OF ORDINANCE, to provide the intent that a grant
of special exception is adequate and sufficient
to the circumstances and that no application
for a variance will be accepted which would
attempt to alter a grant of special exception;
ARTICLE 28. MAJOR USE SPECIAL PERMITS; DETAILED
REQUIREMENTS, Section 2802. Procedures, by
amending both Subsections 2802.3. Application;
Referrals and 2802.5. Application;
Recommendations of Director of Department of
Planning and Section 2803 Commission disposition
of application; consideration of
recommendations; funding required, to provide
time limits for 'receipt of referrals,
transmittal of recommendations and for the
permits, respectively.
REQUEST
To amend Zoning Ordinance 9500 to a) address
small nonconformities, b) eliminate variances on
top of special exceptions, and c) align the time
limits for processing major use special permits.
BACKGROUND
Department's concerned with development i.e.
Planning, Public Works and Building and Zoning
meet periodically to evaluate revisions to
correct language and procedures in Zoning
Ordinance 9500.
ANALYSIS These amendments would, if enacted:
1. State that discontinuance of a nonconforming
use for over 180 days in even a part' of a
building will trigger the requirement to
conform any proposed use to the ' use
PAB 11/2/88
Item #4
Page 1
1()(;24;
regulations of the particular zoning
district.
2. Provide the intent that a grant of special
exception is adequate and sufficient to the
circumstances; no apolication for a variance
will be accepted which would attempt to
alter a grant of special exception.
3. Provides more specific time limits for
receipt of referrals and transmittal of
recommendations by the Planning Director,
pertaining to Major Use Special Permits.
4. Provide that Major Use Special Permit would
be issued for a two-year ep riod, subject to
renewal for subsequent two-year periods.
RECOMMENDATIONS
PLANNING-DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of November 2, 1988, the Planning
Advisory Board adopted Resolution PAB 87-88, by
a 7 to 1 vote, recommending approval of the
above.
CITY COM94ISSION At its neetina of December 15, 1988, the City
Commission did not take up the above.
At its meeting of January 26, 1989, the City
Commission continued the above to its meeting
of February 23, 1989.
At its meeting of February 23, 1989, the City
Commission continued the above to its meeting
of March 23, 1989.
At its meeting of March 23, 1989, the City
Commission continued the above to its meeting
of April 27, 1989.
At its meetinv of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
At its meetina of May 25, 1989, the City
Commission passed the above on First Reading.
At its meeting of June 22, 1989, the City Commission
did not take up the above.
PAB 11/2/88
Item #4
Page 2
RECEIVED
19P)9 AUG 2.9 P11 n- 4 7
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VIA
CITY Ct_'-lt,i
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
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor 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. 10624
In the .... ,X.. X.. N ........................... Court,
was published in said newspaper In the Issues of
August 28, 1989
Afflant 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 mall matter at the post office In Miami In said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has er id nor promised any
person, Irm or corporation a count rebate, commission
or rel for the purpose a uring 1 Is advertisement for
pub atlr In the -aid ne a r. A
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