HomeMy WebLinkAboutO-10626J-89-177
2/14/89
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 3006 OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, TO PROVIDE THAT A
CONCURRING VOTE OF FIVE (5) MEMBERS OF THE
ZONING BOARD SHALL BE REQUIRED TO REVERSE ANY
DECISION OF AN ADMINISTRATIVE OFFICIAL OR TO
DECIDE IN FAVOR OF THE APPELLANT IN ANY
MATTER BEFORE SAID BOARD.
WHEREAS, Section 62-34(d) of the Code of the City of Miami,
Florida, as amended, provides that each item before the Zoning
Board shall require the affirmative vote of at least five (5)
members of the board for passage; and
WHEREAS, Article 30, Section 3006 of Ordinance No. 9500, the
Zoning Ordinance of the City of Miami, Florida, as amended,
provides that the concurring votes of four (4) members of the
Zoning Board shall be necessary to reverse any decision of an
administrative official, or to decide in favor of the appellant;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 1, 1989, Item No. 7, following and advertised hearing
adopted Resolution No. PAB 10-89, by a 9 to 0 vote, RECOMMENDING
APPROVAL of an amending 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. Article 30, Section 3006, of Ordinance No.
9500, the Zoning Ordinance of the City of Miami, Florida, as
amended, is hereby amended in the following particulars:1
"ARTICLE 30. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF THE DEPARTMENT OF PLANNING
Sec. 3006. Hearing; powers of Zoning Board.
I/ 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
The Zoning Board shall conduct the public hearing
on the appeal. Any person may appear by agent or
attorney. All materials transmitted to the zoning
board upon the notice of appeal shall be a part of the
record in the case. New materials may be received by
the Zoning Board where such materials are pertinent to
the determination of the appeal.
In exercising authority to review the decision of
the administrative official, the Zoning Board may, in
conformity with the provisions of law and this zoning
ordinance, reverse or affirm, wholly or partly, or may
modify the decision appealed from and may make such
decision as ought to be made. To that end, the zoning
board shall have all of the powers of the officer from
whom the appeal is taken. The concurring votes of four
f4-? five L5 1 members of the Zoning Board shall be
necessary to reverse any decision of such
administrative official, or to decide in favor of the
appellant."
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 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 fit_ day of July , 1989.
ZATT SfT
1
MA HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
50.
L CMG'
0 L E. MAXW L
A SISTANT CI Y ATTORNEY '
JEM/db/M455
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XAVIER L. SU*EZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
11,46-,al
JORGE L. FERNANDEZ
CITY ATTORNEY
106 C
l
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
January 11, 1989
PETITION 7. Consideration of amending Ordinance 9500 as
amended, the Zoning Ordinance of the City of
Miami by amending ARTICLE 30. APPEALS FROM
DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR
OF THE DEPARTMENT OF PLANNING, Section 3006.
Hearing, Powers of Zoning Board, to increase
from 4 to 5 the number of concurring votes
necessary to decide an appeal from a decision of
an administrative official.
REQUEST To require 5 concurring votes of the Zoning
Board to decide an appeal from a decision of an
administrative official.
ANALYSIS In 1984, at the time that the membership of the
Zoning Board was increased from 7 to 9 members,
the requirement for a quorum and a concurring
vote for zoning items was increased from 4 to 5.
This amendment will make a corresponding change
(from 4 to 5 votes) in order to decide an appeal
from the decision of an administrative official.
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of February 1, 1989, the Planning
Advisory Board adopted Resolution PAB 10-89, by a
9 to 0 vote, recommending approval of the above.
CITY COMMISSION At its meeting of March 23, 1989, the City
Commission continued the above to its meeting
of April 27, 1989.
At its meeting of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
At its meeting 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 2/1/89
Item #7
Page 1
RECEIVED
19M r,uG 29 mi. 9' 47
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CITY CLI'I'OK
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. 10626
In the ..... :.. X.. X...I....................... Court,
was published In said newspaper in the Issues of
August 28, 1989
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 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 co y of advertlsement; and
afflant further says that she has a paid nor promised any
person, firm or corporation discou t, rebate, commission
or and for the purpos .curing this advertisement for
nubile on in th said s ep r.
worn to and s'ubsb�bei� before me this
�.8%. delay o`T ... �:..�b/�j� .•.... 91.D. 19.... 8 9
.ryl H. M>trmer........
Nol{efy®u6110, tits of 1'loride at Large
(SEAL)
My Commission �dkplydbbgl�t?� ��•
MR 114 ���1"Oftf?91111'��
110