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PROPOSED AMENDMENT
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.3.5 Modifications to Applications Requiring Public Hearing
d. Modifications to special permits and variances approved under a
previous code.
3. The expiration date for any Class Ill Special Permit, Major
Use Special Permit or Variance approved under the Zoning
Ordinance 1100 in effect immediately prior to the date of the
adoption of this Miami 21 Code, upon application to the
Director by the owner, be extended from its original
expiration date as follows:
a. Class II Special Permits, Special Exceptions and Variances
shall be permitted no more than one (1) two 2 time
extension for a period not to exceed twelve (12) months
b. Major Use Special Permits shall be permitted no more than
two (2) time extensions for each time extension period not to
exceed twenty-four (24) months.
C. Extensions beyond the time limits described above, for any
Major Use Special Permit, Special Exception, Class II
Special Permit, or Variance shall require approval by the
Planning, Zoning and Appeals Board after public hearing.
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEWI-r, ON
020?5_- SGI b071 a r - faro 0 Sed `i enJm4m�
CURRENT CODE
Sec. 1704. Effect of city commission approval of
application.
The Major Use Special Permit as approved, or
approved with attached modifications, conditions, or
safeguards by the City Commission (the "approved
Major Use Special Permit" or "MUSP") shall be
binding upon the applicant or applicants and any
successors in interest, so long as the Major Use
Special Permit remains in effect.
Major Use Special Permits shall he issued for a
period of two (2) years, subject to renewal for
subsequent two-year periods.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 12467, § 21
12-18-03)
Submitted into the public
record in connection with
item PZ.S on 10-22-09
Priscilla A. Thompson
City Clerk
MIAMI-DADE COUNTY CODE
ZONING
any judicial appeals. Notwithstanding anything;
to the contrary contained in this chapter, the
Board of County Commissioners shall have orig-
inal administrative jurisdiction over any remand
or director's application pursuant to this para-
graph.
(Ord, No. 60-14, 4-19-60; Ord. No. 61-30, § 1,
6-27-61; Ord. No. 62-48, § 1F, 12-4-62; Ord. No.
64-65, § 6, 12-15-64; Ord. No. 65-I1, § 2, 2-16-65;
Ord. No. 66-66, § 5, 12-20-66; Ord. No. 76-74, § 1,
7-20-76; Ord. No. 78-52, § 2, 7-18-78, Ord. No.
79-91, § 1, 10-16-79; Ord. No. 94-37, § 4, 3-3-94;
Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, 3
38,9-4-96)
See. 33-317. Limitation on issuance of per-
mits.
The Department shall not issue any type of
permit or certificate based.upon any action of the
Community Zoning Appeals Board which the
County Commission has jurisdiction to review
until a final decision has been rendered on the
application by the County Commission as pro-
vided by this chapter; provided, however, a tem-
porary conditional permit or certificate may b;
issued prior to such final decision if the Director
should first determine that the withholding of the
same would cause imminent peril to life or prop-
erty and then only upon such conditions and
limitations, including the furnishing of an appro-
priate bond, as may be deemed proper by the
Director.
Upon application of the Director, any variance,
special exception, new use, special permit or un-
usual use heretofore or hereafter granted that is
not utilized within the three-year period following;
the date of its grant or approval, may be termi-
nated by the Board of County Commissioners
after the required noticed public hearing or hear-
ings, if it is determined that there have been
sufficient changes in circumstances in the neigh-
borhood and area concerned that to permit the
same to be used would be detrimental to the area
and incompatible therewith; provided, a variance
shall not be terminated if the guidelines for
granting the same exist. The foregoing provision
shall not apply if the resolution granting the
variance, special exception, new use, special per-
mit or unusual use establishes a specific time
Supp. No. 19 5447
§ 33-319
limitation for utilizing the same. In such in-
stances, the time limitation established by such
resolution shall prevail.
In the event application is made for a change of
zoning on property which possesses any variance,
special exception, new use, special permit or un-
usual use not yet utilized, no permits or certifi-
cates shall be issued for such variance, special
exception, new use, special permit or unusual use
untilthe hearing has been concluded. If the
application for change of zoning is approved, the
variance, special exception, new use, special per-
mit or unusual use shall terminate, unless con-
tinued by the rezoning resolution; otherwise such
variance, special exception, new use, special per-
mit or unusual use shall remain in full force and
effect, unless terminated by other provisions in
this section.
A variance, special exception, new use, special
permit or unusual use shall be deemed to have
been utilized if the use pursuant thereto shall
have been established, or if a building permit has
been issued, acted upon, and the development to
which such variance, special exception, new use,
special permit or unusual use is an integral part
is progressively and continuously carried to con-
clusion.
(Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1,
6-27-61; Ord. No. 73-104, § 1, 12-18-73; Ord. No.
96-127, § 38, 9-4-96)
Sec. 33-318. Reserved.
Editor's note -Section 33.318, pertaining to pending ap-
plications, has been deleted as obsolete. It was derived from
Ord. No. 60-14, adopted April 19, 1960 and Ord. No. 61-30, § 1,
adopted June 27, 1961.
Sec. 33-319. Administrative building mora-
toria.
(a) Whenever it shall be made to appear to the
County Manager that it is in the public interest to
make a comprehensive determination as to whether
existing County zoning districts applying to a
portion of the area of Dade County are appropri-
ate, and it is further made to appear to him that
the said existing zoning districts may be detri-
mental to the said area should they continue to
remain.applicable and building permits be issued
predicated thereon the County Manager shall
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