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HomeMy WebLinkAboutO-09642ok 0 ORDINANCE•; NU. ` °' AN (;riKRGE'NCY ONDINANCF AMENDING 'r►iK TEXT OF ORDINANCE NO. 9500, Tl-i'-, ZONING ORLIINANCE OF THE* CITY OF MIAMI, FLORIDA, l;Y AMENDING SECTION 100 E;N'ITTLED "REPEAL OF ORDINANCE, NO. 6871, Are 1\11EN0ED" OF ARTEC[A-] 1 hN'PITLhD "INTRODUCTION", AND SECT [CAN s40'� ENTI`I'LE'0 "STATUS OF KOILDING PE,K iI'rS OR CERTIF'ICATI-S OF USE P►'.IOk TO ADOPTION OR APIf.'iif)P•1lSN'E' OF 0kD1NANC ", OF !',RTICLf 34 ENTI11'L1_-;F) "AOMINISTRATIUN, ENVORC hMENT, VIGLATION, ANU PE;NAL'i'IEsS", BY PROVIDING FOR VI 0RIC,I`I'Y OF t'I,f�'I'AIN APPLICATIONS FOR BUII:,JIN43 11ERNITT5, VARIANCES, (70N1)IIf, 10NAL USES AND Ptip LIC HEARINGS UNDER OkDINANCK NO, 6871 SUBSEQUENT 0) THE EFFECTIV1E DAT[- OF :SAID ORDINANCIE NO, 9500; BY REP[,ALING ALL ORDIINANCES, CODE SECTIONS, OR PARTS 1'IiF,Rh;i)F IN CONFLICT; AND CONTAININ6 A SEVERABILITY CLAUSE. WhEREAS, the Zoninq Ordinance of the City of Miami, Ordin- ance No. 9500, was passed on second reading 23, 1982, anh shall hecome effective late on June 27, 1083; and WHEREAS, Ordinance No. 9560 currently provl6es For continua- tio" of projects that have been initiated under Ordinance +vo. 6871; and WHEREAS, the City Commission wishes to impleoent a transi- tional period for development of land use projects comirlenced prior to the effective date of Ordinance No. 9500; and WHEREAS, certain applications for building permits, variances, conditional uses, and public hearings may its necessary under Ordinance No. 6871 in order to implement said land use projects; ant? WHEREAS, the City Commission has determined that it is in the best interest_ of the City to allow said projects to be considered under_ Ordinance No. 6871; .NOW, THEREFORE, BE IT ORnAIMEU BY TBK COMMISSION OF THE CITY OF MIAMI, hLORIDA: Section 1, Ordinance- No. 9506, adopted Sente:nber 23, 1982, as amended, the Zoning Ordinance of the City of i4 ami, th F1>rida, is hereby amended in the Cc)llowinq part ic,llars: "Arti.c-l� 1. I�'I ROi:�tJC'I'Tniv SECTION 100. REPEAf., OF ORi)IN.�1C!CE; NO. 6871, AS AMENDRF). Urdinanc e No. 6871 of the City of Miami, Florida, adopted the 3rd day of Miay, 1961, and all amendments to Ordinance No. 6371 adopted subsequent thereto, are hereby repealed; and the following Joninq Ordinance is substituted thereCor.- except as provided in Article 3405 below. Article 34. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PCNALTI.I;S SECTION 3405. STATUS OF BUILDING PE1 NiITS OR CER'PIF.1- CATE"3 OF US; CSSUPI) PRIOR TO ADOPTION OR AMENDMENT OF ORDINANCE,. 3405.1. Completion of Lawful Actions Initiated Prior to Adopt ion or P' inendinent o t Ordinance; Tine Limits for tompletion of Actions. 3405.1.1 'Construction and Occupancy. If actual construction is not under way, new building permits or certificates of use shall be required where previous documents have become void, and shall be in accord with any new regulations established by adoption or amendment of this Ordinance. Applications for building permits shall be considered in accordance with the provisions of Ordinance No. 5871 for a period of 180 days from the effective date of Ordinance No. 9500, provided that complete applications (including all building plans, drawings, surveys and legal documents required by applicable law, ordinance, statute or regulation) have been filed with the appropriate City department prior to the effective date of Ordinance No. 9500. Applicants for building permits shall be permitted to make changes in the building plans and drawings only when so require! by the City as a result of its review of the applications, but no building permit shall be issued pursuant to this paragraph after 180 days from the effective date of Ordinance No. 9500 unless an appeal from the decisi::)n of the Director of the Department of Fire, Rescue and Inspection Services has been filed with the City manager. Applications for ,public hearings for review of variances, conditional uses or other requests-,ihich require review and approval by the City Commission, Zoning hoard, Planning Advisory Board, Heritage Conservation Board, or Urban Development Review Y�oard shall be reviewed in accordance with the provisions of 2 t 4 2 Ord in_,�nr�� P��,, 6,t 71., provided that coof>lete �applica- t�io11 haNT( bec�nyfi.l.ed f:'ric)r to the effective date o1: Ordinancca Nio. '350U.� All.-911ch�af-,f.)licatio rs n-,ust com},1y with Article T.V, Sect--ion-41, of_ O rdinancr Qca. 6671. Ap6pTIcaat t.s for I)TAh LC h e a C S11c?1.1 f)� i>F'rlllttP.�� to make changes in the apolicalions only when so required by trl- e City as a result cif its revs w of th(--, appli.ca- tT ns. The l)u-Ildina t:)ermit(s) or certiEi- sates of use, Whichever is LLrit required, Shall. he obtainer wl tlll.n 90 days front the date of final. c�.lblic hears n� approval (anu, in the (-went and appeal. 7 taken to the courts, within U() . `y --f r,)+r th(, -late the final decisLon is r_Pndered) (Dr witfhin lttt) clays from t-he effective date (-)f c5r(linance No. G500, hichF,vet provic_ies the lon(jer peric)tl c_f: time. Ph ase(I develoI)metit r-)r_,-iects which have been reviewed and approved in accordance with the provisions of Ordinance No. h871 shall r)- entitles-; to buiildinq permit ( s ) pursuant to nr.dinance :Nc,. h871, Provided tine entire project I)as 'been reviewed and a1pproved f rLor t� t e effective mate c)f c)rt�Ltlance i�0. y500. T �Ui1Qing permit for the initial stage of constroction shall. oe applied for and obtained within 90 days_ _fr.oin the effective slate of Ordinance No. 9500. Approval of buile,ing pertr,its in accordance with the provisions of Ordinance N(:). 6871 for subsechuent stages of constructLnn shall remain vali : only if developtflent of the entire or overall project is continuaus pursuant to the South Florida Ruildinq ^o(-ie. Section 2. A.11. Or(iinances, Code Section, (-)r ()arts thereof in conflict herewith are herel)v repealed insofar as they are in conflict. Section 3. Should any cart or provision of this Ordin- ance be declares., iDv a court of competent jurisdiction to b- invalid, the same shall not affect the validity of the Ordinance as a whole. Section 4. This ordinance is hereby declared to be an emergency treasure on the grounds of urgent public need for the preservation of_ peace, health, safety, and property of the City of Miami, and upon the further around of the necessity to provide for the smooth and orcier.ly transition fr_ortl Ordinance No. 6071 to Zoning Ordinance No. 9500 which bF-comes effective June 27, 1963, and to carry on the functions and duties of municipal affairs. Section 5. The re.juirerjent of readinq this ordinance on two separate days is hereby dispensed with 'by an affirmative vote of n,-)t legs than four -fifths of the lrteobers of the Commission. 3 J 9, r-, 4 0 0 I -) r PASS,FD AND AOOPTED ('ay ( - l9b3. A TT h*ST : 9'ALPfl ONGIE city Clerk PREPARED AND Aj?[?[Z(DVI-,L) BY: i. G. MIRIAM KAER Assistant City Attorney maurice A. Ferre. MIAURICE A. FERRI;], Mayor. APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA City Attorney ';Nim/wpc/076 4 9 Gp 4 P, 72 0• 20 Ho�,'ard V . G;11-v Cl tv 1`anage r r7 0 lZodrig .rector anning Department VV .June "' . 1983 Emergency Ordinance For Transition Period of Zoning Ordinances In response to the Cite Commission's request at their meeting of. June 31, 1983, attached is an emergency ordinance to provide for a transition period between Zoning Ordinance No. 6871 and No. 9500. The attached ordinance would amend Ordinance No. 9500 to provide for a grace period of 180 days during which completed applications for public hearings and building permits accepted by the Citv before the effective date of Ordinance No. 9500, shall be governed by the pertinent provisions of Zoning Ordinance No. 6871, and that any such applications timely filed which are appealed to the City Commission or to the courts shall have a period of ninety (90) days from the date the final decision is rendered to pull a building permit or begin construction under Zoning Ordinance No. 6871. This ordinance is scheduled for the City Commission meeting of June 9th as an emergency ordinance due to the rapidly approaching effective date (June 27, 1983) of Ordinance No. 9500. SR/RO[J/vb Attachment *Y OF MIAMI LEGAL NOTICE MIAMI REVIEW AND DAILY RECORD 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 Wllllams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review and Daily Record, 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 f,1IA111I Re: ORDINANCE NO. 9642 Inthe ....... ..`.'.............................. Court, was published in said newspaper In the Issues of ,Tune 20, 1983 Atflant further says that the said Miami Review and Daily Record 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 pest office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertise t; and afflant further says that she has neither Paid nor misad any person, firm or corporation any discount, rebate, o mission or refund for the purpose of securing this advertisy� ent for publication in the s Id/newspaper. Sworn to and subscribed before me this 20t?l83 . day of ....... '......,. June ........ A.D. 19. ..... Tema Franco Notary Public, State of Florida at Large (SEAL) My Commission expires Dec. 21, 1986. All interested will take notice that on the 91h day of June, 1983. the City Commission of Miami. Florida adopted the following titlec ordinances: ORDINANCE NO 9631 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPE- CIAL REVENUE FUND ENTITLED "COMMUNITY DEVELOP- MENT BLOCK GRANT JOBS PROGRAM" AND APPROPRIAT. ING $2.761.000 FOR THE EXECUTION OF SAID PROGRAM, CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 9632 AN EMERGENCY ORDINANCE AMENDING SECTIONS 35.91, 35.92 AND 35.93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ESTABLISHING RATES AT CER TAIN ON -STREET PARKING METERS AND CERTAIN OFF- STREET LOTS; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES; FURTHER PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1983 FOR THE HEREIN RATE INCREASES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER PROVID- ING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COP- IES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; FURTHER AUTHORIZING THE OFF- STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND TO INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR. CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9633 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534. ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30. 1983, AS AMENDED. BY ESTABLISHING UNANTICIPATED INTEREST EARNED AS A RESOURCE IN THE CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $633.900 AND APPROPRIATING THIS AMOUNT TO GOVERNMENT CENTER PARKING GARAGE FURTHER TRANSFERRING SAID RESOURCE AND PROJ- ECT FROM THE CAPITAL IMPROVEMENT FUND TO THE GOVERNMENT CENTER PARKING GARAGE ENTERPRISE FUND TO INCREASE APPROPRIATIONS FROM $10,400.000 TO $11,033.900. ITEM XII.B.1.: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9634 AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND MAINTENANCE OF GUSMAN CULTURAL CENTER AND THE OLYMPIA BUILDING OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1983 AND ENDING SEPTEMBER 30. 1984; AND ALSO APPROV- ING THE ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ORDINANCE NO. 9635 AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1. 1983 AND END- ING SEPTEMBER 30,1984 BY THE DEPARTMENT OF OFF- STREET PARKING: FURTHER AUTHORIZING THE OFF-STREET PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUC- TURES AND TO INITIATE RATES FOR NEW FACILITIES DUR- ING THE FISCAL YEAR; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9636 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, AS AMENDED BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN — 1983", AND APPROPRIAT- ING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $133,532, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9637 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT PROGRAM — 1983/CETA VI"; APPROPRIATING FUNDS FOR THE OPERATION OF SAID TRUST AND AGENCY FUND IN THE AMOUNT OF $800,000; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE. ORDINANCE NO. 9638 AN ORDINANCE AMENDING SECTION 2.47 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH DEALS WITH FEES FOR THE PREPARATION AND ISSU• ANCE BY THE CITY CLERK'S OFFICE OF COPIES OF RESOLUTIONS, ORDINANCES AND OTHER PUBLIC RECORDS, BY PROVIDING FOR AN INCREASE IN SAID FEES; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 9639 MR 134 AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO, 8719 ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND, ENTITLED COMMU- NITY DEVELOPMENT BLOCK GRANT (NINTH YEAR); AND APPROPRIATING $10,003,000 FOR THE EXECUTION OF SAME; AND CONTAINING A SEVERABILITY PROVISION.