HomeMy WebLinkAboutCC Legislation (Version 1)City of Miami
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tit Legislation
60
Ordinance
File Number: 09-01345zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING," TO CONFORM THE PROVISIONS RELATED TO THE
CREATION OF A PLANNING AND ZONING APPEALS BOARD TO THE MIAMI 21
ZONING ORDINANCE, BY AMENDING BY AMENDING ARTICLES I THROUGH IV
AND REPEALING ARTICLE V; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that certain provisions related to Chapter 62 within the
Code of the City of Miami, Florida, as amended ("City Code"), should be revised to reflect the creation
of the Planning and Zoning Appeals Board, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code, is amended in the following particulars: {1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE 1. IN GENERAL
Sec. 62-1. Oath required when testifying on zoning matters.
Any person wishing to testify before the city commission during its consideration of a matter arising
from or under the provisions of Ordinance No. 11000, as amended, therp for zoning ordinance of the
city, and Miami 21, the zoning ordinance of the City of Miami effective February 19, 2010 before
testifying shall declare that he or she will testify truthfully by taking an oath or making an affirmation to
be administered by the city clerk in substantially the following form: "Do you swear or affirm that the
evidence you are about to give will be the truth, the whole truth, and nothing but the truth?"
Sec. 62-2. Reconsideration of zoning and comprehensive plan amendments.
Notwithstanding any city Code provision to the contrary, actions of the city commission related to the
denial or approval of applications pertaining to amendments to the zoning cede ordinance,
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comprehensive plan, or elements thereof shall not be the subject of a motion to reconsider which is
made subsequent to the first regularly scheduled city commission meeting following the date such
actions have been taken.
ARTICLE ll. COMPREHENSIVE PLANNING
Sec. 62-27. Establishment of the Planning, Zoning and Appeals Board
generally.
(a) To meet the responsibilities under the continuous comprehensive planning program required by
state statutes and this chapter, certain boards are established and given authority and responsibility as
set out in this chapter and elsewhere in this Code. The boards -so established is aro to be GIGRG i'iiRated
mss:
(1)
(2) The ZoRi; ;g board the of G t the Planning, Zoning and Appeals Board
VI IIfV
(b) The city commission may by resolution create additional committees or instruments to serve in
advisory or consultative capacities to the Planning, Zoning and Appeals
Board or to the zGR'Rg beard
Sec. 62-28. Administration generally.
Administrative authority and responsibility for the preparation, conduct and implementation of the
continuing comprehensive planning program shall be as set out in state statutes, this chapter and
elsewhere in this Code. Under the authority of the city manager, the planning, building and zoning
departments, as established by section 2-201 et seq., shall work in close coordination with the
the —ZR'Rg beard Planning, Zoning and Appeals Board and other
appropriate city boards and departments in the preparation, conduct, review and implementation of the
continuing comprehensive planning program.
Sec. 62-29. Effect of previously adopted comprehensive plan.
Any comprehensive plan or portiones eF peptiens thereof previously adopted by the city, shall remain in
full force and effect until superseded by any plan, or portion thereof, adopted under this chapter.
Sec. 62-30. Preparation of the comprehensive plan.
(a) The planning, building and zoning departments shall prepare comprehensive and coordinated
plans for the development of the city, or a geographical or functional classification thereof, for review
and recommendation by the plaRRiRg advisGry beard Planning, Zoning and Appeals Board. Such
plans, or substantial portions of plans as may relate to geographical or functional classifications
thereof, shall be based on existing and anticipated needs, showing existing and proposed
improvements and stating the principles according to which future development should proceed and
the manner in which such development should be controlled. The plans, or portion thereof, shall be
made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious
development of the city, or a geographical or functional classification thereof, which will, in accordance
with existing and future needs, best promote public health, safety, comfort, order, appearance,
convenience, morals and the general welfare and which will contribute to efficiency and economy in
the process of development and future maintenance. The planning program shall include plans for
future land use and may include plans for transportation, housing, recreation, utilities, community
facilities, a long range financial program for public improvements, instruments for encouragement of
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cooperation between private groups and government, measures for implementation and such other
matters as may be deemed necessary by the Planning, Zoning and Appeals
Board and the city commission for the purpose of meeting the objectives of this chapter.
(b) The planning, building and zoning departments shall keep the Planning,
Zoninq and Appeals Board informed of the progress and status of the work involved in the continuous
planning program and shall work closely with, consult with and seek the advice of the planniRg
advises—Planning, Zoning and Appeals Board and other appropriate city boards and
departments in the preparation of plans or portion thereof under the continuing planning program.
Sec. 62-31. Procedures for amending the comprehensive plan.
(a) Types of comprehensive plan amendments. Comprehensive plan amendments may be any of
the following:
(1) Comprehensive plan update or comprehensive amendment to a major portion thereof, pursuant to
F.S. § 163.3161 (2009 1
(2) Five-year comprehensive plan amendment, resulting from and accompanied by an evaluation and
appraisal report, pursuant to F.S. § 163.3191 (4-9� 2009).
(3) Semiannual plan amendment, pursuant to F.S. § 163.3187 (41J97 2009).
(4) Plan amendments, which are exceptions from state review, pursuant to F.S. § 163.3187 (2009
4-c - ).
f5) Any other plan amendments as described in F.S. � 163 3187 as amended
Data summaries and planning studies, amplifying and clarifying policies that are consistent with the
comprehensive plan, are not plan amendments.
(b) Applications for plan amendments. Applications may be made by:
(1) The city commission which may by motion,Ldirect the planning, building and zoning departments
to prepare an amendment for submission and review by the the Planning,
Zoning and Appeals Board, with or without regard for the semiannual schedule in the next full
paragraph of this section.
(2) The planning, building and zoning departments.
(3) Any other department or agency of the city.
(4) The owner or agent or attorney for the owner of property, pursuant to subsections (a)(3) and (4)
based on the advice of the planning, building and zoning departments that a plan amendment is
necessary.
With the exceptions noted in paragraphs (b)(1) and (e)(1) through (6) of this section, applications for
plan amendments, as described in paragraph (a) of this section, can only be filed semiannually with
the planning, building and zoning departments up to October 1 and up to April 1 of the following year
which, if accepted, will be scheduled for the Plannina, Zoning and Appeals
Board public hearing in November and May, respectively, unless no applications have been filed by
October 1, in which case, applications can be filed during the period October 1 to April 1, for an
ensuing the Planning, Zoning and Appeals Board agenda without regard for
the aforementioned dates, with the objective of utilizing the two plan amendment opportunities in a
calendar year. For the exceptions noted in paragraphs (b)(1) and (e)(1) through (6) of this section, the
planning, building and zoning departments will schedule the amendment on an agenda of plaRRiRg
advisery be the Planning, Zoning and Appeals Board within 60 days of the acceptance of the
application, except for the month of August. This procedural scheduling restriction shall not apply to
applications by the City.
All applications for plan amendments shall be submitted in writing to the planning, building and zoning
departments. Applications under subsection (b)(4) shall contain a notarized statement by the owner of
the property, his agent or his attorney, that the facts as represented on the application are true and
correct to the best of the owner's knowledge or that of his attorney or agent. Applications shall be
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accompanied by all pertinent information required by this article and which may be required for proper
consideration of the matter, including an owner's affidavit, financial disclosure and a certified list of
owners of all properties within 375 feet of the subject property along with payment of all fees and
advertising charges. Applications shall not be deemed as accepted by the planning, building and
zoning departments unless all appropriate information is supplied to the satisfaction of the planning,
building and zoning departments.
No private application will be accepted unless, as required, a companion application for a change of
zoning is also filed. Where companion applications are filed for both plan amendments and zoning
amendments for the same property, pursuant to subsections (a)(3) and (4), only one set of owner
affidavits, financial aid disclosure forms and property owners' list must be filed.
Where companion applications are filed for both plan amendments and zoning amendments pursuant
to subsections (a)(3) and (4), the plan amendment will be scheduled on an agenda of the plaRRiRg
adviseFy beard Planning, Zoning and Appeals Board such that the public hearing occurs prior to the
public hearing by the Planning, Zoning and Appeals Board ZORing beard on the zoning amendment.
(c) Review and recommendation by the planning, building and zoning departments. All plan
amendments shall be reviewed and recommended by the planning, building and zoning (:epartments.
This finding will consider whether the land use, densities and intensities proposed are compatible with
and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan,
provided further that the comprehensive plan shall be construed broadly to accomplish its stated
purposes and objectives. Recommendations must be on file for public review ten days prior to public
hearing. Applications will not be permitted to be revised within the ten LLO) —day period prior to the
public hearing (and subsequently) unless the revision is made in public hearing with full disclosure.
(d) Review and recommendation by the Planning, Zoning and Appeals
Board. The piaRRiRg adyisGpy beard Planning, Zoning and Appeals Board, the local planning agency
for the city, will conduct a public meeting. Notice shall be given of the public hearing as set out in
section 62-129(1) and (4); in addition, the Planning, Zoning and Appeals
Board may, for the particular hearing involved, give such additional notice as it may deem proper to
the subject of the hearing and circumstances therein involved.
Upon completion of such hearing, the Planning, Zoning and Appeals Board
may recommend to the city commission by not less than five affirmative votes, the adoption by the city
commission of the plan update, or portion thereof or plan amendment, upon which the public hearing
was held. The board resolution of recommendation shall refer expressly to the maps, descriptive
material and other data intended by the Planning, Zoning and Appeals Board
to form the whole or the part of the plans upon which the public hearing was held. Where the
recommendation of the Planning, Zoning and Appeals Board is not in accord
with earlier recommendations of the planning, building and zoning departments, the planning, building
and zoning departments shall submit to the city commission its recommendation in the matter. When a
plan update has been recommended, pursuant to subsection (a)(1) and (2), the action taken and the
recommendation made by the Planning, Zoning and Appeals Board shall be
recorded on the recommended plan, together with the signature of the executive secretary of the
Planning, Zoning and Appeals Board which shall be affixed thereto as
certifying to the action taken and the recommendation made and the date of such action and
recommendation; and the signature of the directors of the departments of planning, building and
zoning shall be affixed as certifying that the requisite hearing or hearings were held on the dates
certified. The recommended copy of the plan update, or portion thereof or plan amendment, shall be a
part of the permanent and public records of the Planning, Zoning and Appeals
Board.
(e) Adoption by the city commission. The city commission shall hold at least two (2) advertised public
hearings on the proposed plan amendment. The first public hearing upon the updated plan or portion
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thereof or plan amendment shall be held within 60 days from the date of the plaRRiRg advisory board
Planning, Zoning and Appeals Board public hearing, unless the plan amendment is sponsored by the
city. Notice of such public hearing by the city commission shall be given as set out in section 62-129(1)
and (4) of this chapter no less than ten (10) days in advance of the public hearing. Except as provided
below, the first public hearing shall be held for the purpose of transmitting or not transmitting the plan
amendment, as recommended by the city commission to that state land planning agency, allowing a
minimum of 90 days for review and written comment. The intention to hold a second public hearing
shall be announced, and the city commission shall establish a date certain for the second public
hearing. Except as provided in paragraphs (b)(1) and (e)(1) through (6) of this section, the city
commission shall consolidate all proposed plan amendments into a single submission for each of not
more than two (2) plan amendment adoption times during the calendar year. The exceptions are:
(1) In the case of an emergency, as defined by F.S. § 163.3187(1)(a) (200940.
(2) Any plan amendments directly related to a proposed development of regional impact, including
changes which have been determined to be substantial deviations and including Florida quality
developments pursuant to state statute as defined by F.S. § 163.3187(1)(b) (49,97 2009) may be
initiated by the Planning, Zoning and Appeals Board and considered by the
city commission at the same time as the application for development approval using the procedures
provided for plan amendments, without regard to limits on the frequency of consideration of plan
amendments. Nothing in this subsection shall be deemed to require favorable consideration of a plan
amendment solely because it is related to a development of regional impact.
(3) Any local government comprehensive plan amendments directly related to proposed small scale
development activities as defined by F.S. § 163.3187(1)(c) (4-9� 2009).
(4) Corrections, updates and modifications concerning costs; revenue sources; acceptance of
facilities pursuant to dedications which are consistent with the plan; or the date of construction of any
facility enumerated in the capital improvements element may be accomplished by ordinance and are
not required to follow these procedures. Corrections, updates or modification of current costs which
were part of the comprehensive plan may be accomplished by ordinance and are not required to follow
these procedures.
(5) Irrespective of the notice requirements in sections 62-128 and 62-129, small scale development
activity plan amendments pursuant to this paragraph require only a legal advertisement in a
newspaper of general circulation.
(6) Any other exceptions as may be defined by state law.
The city commission, upon receipt of written comments from the state land planning agency, shall hold
a second public hearing for the purpose of adopting the plan amendment in the months of June and
December, and shall take legislative action within 60 days of receipt. It shall be held on a weekday
approximately ten days after the day that the second advertisement is published. The city commission
shall review the written comments, if any, submitted by the state land planning agency and any other
person, agency or government.
Upon such public hearing, the city commission may thereafter adopt the comprehensive plan
amendment pursuant to an evaluation and appraisal report in subsection (a)(2) as recommended by
the Planning, Zoning and Appeals Board, or modify the plan or portion
thereof. Other plan amendments pursuant to subsections (a)(1), (3) and (4) may be adopted, adopted
with modifications or rejected. Any comprehensive plan update, or portion thereof or plan amendment
or modification thereto, shall become effective only upon adoption by ordinance by the affirmative vote
of not less than three (3) members of the city commission.
The city clerk shall transmit the comprehensive plan update or portion thereof or plan amendment, as
adopted, to the state land planning agency within five (5) working days of adoption.
The effective date of the adopting ordinance shall be 45 days from the date of adoption to allow the
state land planning agency to issue a notice of intent to find the comprehensive plan update or portion
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thereof or plan amendment, as adopted, is in compliance or not in compliance with state statutes.
Upon receipt of a notice of intent from the state land planning agency finding that the comprehensive
plan or plan amendment is not in compliance with state statutes or upon receipt of an administrative
order from the Florida Administrative Commission finding that the comprehensive plan or plan
amendment is not in compliance and specifying remedial action, such order shall be listed as a public
hearing item on the next available city commission agenda with ten days' public notice. The city
commission may either undertake amendments by ordinance or refer the item to the
beard Planning, Zoning and Appeals Board for recommendation. In either instance, no transmittal is
required to the state land planning agency following first reading; any amendment shall not be counted
toward the limitation on annual plan amendments and only ten (10) days' notice shall be required. The
city clerk shall transmit the final action of the city commission to the Florida Administrative Commission
within five (5) days of the second reading.
Sec. 62-32. Periodic review of the adopted comprehensive plan and adoption of evaluation and
appraisal report.
(a) Periodically, but not less often than once in five years or more often than once in two years, the
comprehensive plan shall be reviewed, evaluated and appraised by the
Planning, Zoning and Appeals Board to determine whether changes in the amount, kind or direction of
development and growth of the city or area thereof, or other reasons, make it necessary or beneficial
to make additions or amendments to the comprehensive plan. The planning, building and zoning
departments shall prepare an evaluation and appraisal report for the
Planning, Zoninq and Appeals Board which shall evaluate the comprehensive plan pertaining to the
major problems of development, physical deterioration and the location of land uses and the social and
economic effects of such uses; the status of each element of the comprehensive plan; the objectives
of the comprehensive plan compared to actual results and the extent to which unanticipated and
unforeseen problems and opportunities occurred; all as compared between the date of adoption and
the date of the report. The report shall suggest changes needed to update the comprehensive plan
including reformulated objectives, policies and standards.
(b) The Planninq, Zoning and Appeals Board may recommend the report as
presented, modify the report or reject the report in duly noticed public hearing pursuant to the
procedures in section 62-31.
(c) The city commission shall adopt, or adopt with changes, the report or portions thereof by
resolution in public hearing within 90 days after the Planninq, Zoning and
Appeals Board date of recommendation. The city commission shall thereafter amend the
comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of
the report and recommended amendments to the plan may be made simultaneously pursuant to
section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for
adoption of the recommended amendments within one year.
Sec. 62-33. Applicability of comprehensive plans after adoption.
(a) After a comprehensive plan or element or portion thereof has been adopted in conformity with
state statute, all development undertaken by and all actions taken in regard to development orders by
city agencies in regard to land covered by such plan or element shall be consistent with such plan or
element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the adopted
comprehensive plan or element or portion thereof, and any land development regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan or element or
portion thereof shall be amended so as to be consistent. If an existing land development regulation is
inconsistent, the city commission shall adopt a schedule for bringing the land development regulation
into conformity with the provisions of the most recently adopted comprehensive plan or element or
portion thereof.
(c) A development order or land development regulation shall be consistent with the comprehensive
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plan if the land uses, densities and/or intensities, and/or other aspects of development permitted by
such order or regulation are compatible with and further the objectives, policies, land uses, and
densities or intensities in the comprehensive plan and if it meets all other criteria.
(d) A development approved or undertaken by city agencies shall be consistent with the
comprehensive plan if the land uses, densities or intensities, capacity or size, timing and other aspects
of the development are compatible with and further the objectives, policies, land uses, and densities or
intensities in the comprehensive plan and if it meets all other criteria.
(e) Whenever a comprehensive plan update for the city as a whole, or for geographical or functional
classifications thereof, has been finally adopted as set out in section 62-31 above, then and
thenceforth no public street or park, other public way, ground, place, or space, public building or public
structure or activity, or quasipublic structure or activity not in conformity with the adopted
comprehensive plans or portion thereof shall be constructed, altered or authorized in the city unless
the location and extent thereof shall have been submitted to the Planning,
Zoning and Appeals Board for a report and its statement of approval or disapproval and the reasons
therefor. Within 30 days after the request for such report has been received by the plaRRiRgd'i
beard Planning, Zoning and Appeals Board or within such other time limits as may be agreed upon,
the report shall either be made or failure of the Planninq, Zoning and Appeals
Board to act shall be deemed approval. The Planning, Zoning and Appeals
Board 's report under this section may be overruled by the vote of three members of the city
commission. In the event of an emergency declared by the city manager, a matter in question under
this section may be considered directly by the city commission without reference to the plaRiRg
adviser d Planning, Zoning and Appeals Board.
(f) After comprehensive plans for the city or a portion of such plans corresponding generally with a
geographic or functional classification of the city have been adopted in the manner herein set out, no
zoning ordinance, subdivision regulation or other land use control regulation shall be adopted,
repealed or amended until such question has been referred to the Planning,
Zoning and Appeals Board acting as the local planning agency and local land development regulation
commission, for review and recommendation to the city commission; provided that this
recommendation shall be made in a reasonable time not to extend beyond two regularly scheduled
meetings of the plaRRiRg advisery bGard. Planning, Zoning and Appeals Board, otherwise the city
commission may act on adoption, and provided, however, that this provision shall not apply to those
hearings required to be held by the zoning board under other city ordinances.
Sec. 62-34. Land development regulations.
The land development regulations of the City of Miami are as follows:
(1) Subdivision regulations (chapter 55 of this Code);
(2) Zoning ordinance of the City of Miami, Florida, which regulates signage, the use of land and
water, ensures compatibility of adjacent uses and provides for open space;
(3) Metr-epelitMiami-Dade County comprehensive development master plan protects potable water
well fields (reference: The Code of MetrePelitan Miami -Dade County, Florida, as amended);
(4) Coastal management element of the Miami comprehensive neighborhood plan and by reference;
the State of Florida coastal construction control line and the federal coastal construction control line
and the Federal Emergency Management Agency (FEMA) flood criteria maps regulate areas subject
to seasonal and periodic flooding;
(5) Stormwater element: Miami comprehensive neighborhood plan; stormwater utility, section 18-291
et seq., and the downtown development, chapter 14, article IV of this Code, providinge for drainage
and stormwater management;
(6) Section 3(mm) of the Charter of the City of Miami, Florida, as amended (Waterfront Charter
Amendment); conservation element, Miami comprehensive neighborhood plan and chapter 17,
Environmental Preservation of this Code ensure the protection of environmentally sensitive lands
designated in the Miami comprehensive neighborhood plan;
(7) The capital improvement element, Miami comprehensive neighborhood plan; chapter 13, impact
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fees; and downtown development, chapter 14 article IV of this Code, provide that public facilities and
services that meet or exceed the standards established in the capital improvements element of the
Miami comprehensive neighborhood plan are available when needed or that permits are conditioned
on the availability of these services; no development order or permit shall be issued which results in a
reduction of the level of service for the affected public facility below the level of service provided in the
Miami comprehensive neighborhood plan; and
(8) Chapter 2, section 2-265, off-street parking guides and standards and section 2-205(b)(8),
parking guides and standards; chapter 14, downtown development; and section 35-121 et seq., public
off-street parking of this Code and the zoning ordinance of the City of Miami provide for safe and
convenient traffic flow considering needed vehicle parking.
Sec. 62-35. Appropriations, fees and other expenses.
The city commission may provide appropriations for salaries, fees and expenses necessary in the
conduct of the work of the boards established by this chapter and for the departments and employees
necessary in the conduct of the continuing planning program Such mones and any other sums which
may be made available through fees, gifts, state or federal grants, state or ederal loans r other
sources shall be exended in accordance with the established budgetary and fiscal procedures and
practices of the city.
ARTICLE III.
PLANNING ADVISORY BOARD THE PLANNING, ZONING AND APPEALS BOARD
Sec. 62-61. Establishment.
There is hereby established a board, to be known as the city Planning, Zoning and Appeals Board
Sec. 62-62. Functions, powers and duties generally.
(a) The Planning, Zoning and Appeals Board is an integral part of the total
process of planning for the future development and growth of the city. The board is to serve as an
instrument of advice and recommendation in all phases and aspects of the comprehensive planning
program authorized by section 38 of the city Charter. With the assistance of the planning, building and
zoning departments, the functions, duties and powers of the Planning, Zoning
and Appeals Board in the city's continuous comprehensive planning program shall be, in general:
(1) To acquire and maintain such information and materials as are necessary to an understanding of
past trends, present conditions and forces at work to cause changes in these conditions. Such
information and material may include, but is not to be limited to, maps and photographs of manmade
and natural physical features of the city, statistics on past trends and present conditions with respect
to population, property values, economic base, environmental factors, land use and such other
information as is important or likely to be important in determining the amount, direction and kind of
development and growth to be expected and planned for the city in the future.
(2) To review and to recommend to the city commission for adoption and from time to time
recommend amendments and revisions to comprehensive and coordinated general plans, or portions
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Sec. 62-62. Functions, powers and duties generally.
(a) The Planning, Zoning and Appeals Board is an integral part of the total
process of planning for the future development and growth of the city. The board is to serve as an
instrument of advice and recommendation in all phases and aspects of the comprehensive planning
program authorized by section 38 of the city Charter. With the assistance of the planning, building and
zoning departments, the functions, duties and powers of the Planning, Zoning
and Appeals Board in the city's continuous comprehensive planning program shall be, in general:
(1) To acquire and maintain such information and materials as are necessary to an understanding of
past trends, present conditions and forces at work to cause changes in these conditions. Such
information and material may include, but is not to be limited to, maps and photographs of manmade
and natural physical features of the city, statistics on past trends and present conditions with respect
to population, property values, economic base, environmental factors, land use and such other
information as is important or likely to be important in determining the amount, direction and kind of
development and growth to be expected and planned for the city in the future.
(2) To review and to recommend to the city commission for adoption and from time to time
recommend amendments and revisions to comprehensive and coordinated general plans, or portions
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thereof, for meeting present requirements and such future requirements as may be foreseen.
(3) To establish principles and policies for guiding action affecting future development in the city.
(4) To prepare and recommend to the city commission ordinances, regulations and other proposals
promoting orderly development along the lines indicated as necessary and desirable by the
comprehensive planning program.
(5) To conduct such public hearings as may be required to gather information and public reaction
necessary for the drafting, establishment, maintenance and recommendation to the city commission
for adoption of comprehensive plans or portions thereof and to conduct such public hearings as may
be required on ordinances, codes and regulations related to plans made and their implementation; and
to establish public committees or task forces when deemed necessary for the purpose of collecting
and compiling information necessary to the planning program; or for the purpose of promoting and
implementing the accomplishment of comprehensive plans in whole or in part.
(6) To make or cause to be made any necessary special studies on the location, adequacy and
conditions of specific facilities in the city. These may include, but are not limited to, studies on housing,
commercial and industrial conditions and public facilities, recreation, public and private utilities,
conservation of natural resources, roads and traffic, transportation, parking and the like.
(7) When duly authorized by ordinance, to determine whether specific proposed developments
conform to the principles and requirements of the planning program.
(8) To serve as an instrument for informing the city commission, other city departments and agencies
and the public of the continuing comprehensive planning program and its purposes and status.
(9) To perform such other duties in connection with the comprehensive planning program as may
lawfully be assigned to it.
(10) To review and make recommendations to the city commission on all developments of regional
impact, in accordance with F.S. § 380.06.
(11) To act as the local planning agency pursuant to F.S. § 163.3174 and serve as the local land
development regulation commission pursuant to F.S. § 163.3194(2).
(b) All city departments and employees shall, under the direction of city manager and upon request
and within a reasonable time, furnish to the planning, building and zoning departments such available
records or information as may be required in the work. The Planninq, Zoning
and Appeals Board or representatives of the planning, building and zoning departments may, in the
performance of official duties, enter upon lands and make examinations or surveys in the same
manner as other authorized city agents or employees and shall have other powers as are required for
the performance of official functions in carrying out the purposes and responsibilities of the planning
advisory bsard-Planninq, Zoning and Appeals Board and the comprehensive planning program.
Sec. 62-63. Appointments; qualifications.
1. No appointment shall be made by the City Commission to membership or alternate membership on
the Planning, Zoning and Appeals Board until the City Clerk has given at least thirty (30) days notice
of the vacancies in a newspaper of general circulation in the city of the vacancies The ' City
Commission shall solicit and encourage the public professional and citizen organizations within the
area having interest in and knowledge of the purpose and functions of the Planning Zoning and
Appeals Board to submit names of persons and their qualifications for consideration as prospective
appointees to the board. At least five (5) days prior to the making of any appointment the City Clerk
shall publicly notice that the list of names thus submitted and the names of candidates submitted by
the City Commission, together with a short statement of the qualifications of each person is prepared
and available for public inspection and consideration. No person shall be appointed to the Planning,
Zoning and Appeals Board whose name and qualifications have not been made publicly available in
the manner set out herein. In reaching a decision on an appointment the City Commission shall give
due consideration to the qualifications thus submitted.
2. Nomination. Each City Commissioner shall nominate candidates to serve the terms of two
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File Number.' 09-01345zt
members of the Planning, Zoning and Appeals Board taking into consideration the required
qualifications for membership as provided herein.
3. Terms of office. The terms of office shall be the later of those terms provided under section 2-885
of the City Code.
4. Qualifications. It is intended that members and alternate members of the Planning Zoning and
Appeals Board be persons of knowledge experience mature iudgment and background: having
ability and desire to act in the public interest; and representing insofar as may be possible the
various special professional training, experience, and interests required to make informed and
equitable decisions concerning preservation and appropriate development of the physical
environment. To that end, qualifications of members and the alternate member shall be as follows:
(a) One (1) member shall be an architect registered in the state.
,(b) One (1) member shall be a landscape architect registered in the state.
One (1) member shall be a historian or architectural historian qualified by means of education or
experience and having demonstrated knowledge and interest in county history or architectural history
One (1) member shall be an experienced real estate broker licensed by the state.
.( One (1) member shall be experienced in urban planning.
Six (6) members shall be citizens with demonstrated knowledge and interest in the appropriate
growth and development of the city, and may also qualify under any of the above categories
(q) One (1) alternate member shall qualify under one of the above categories.
5. The City Commission shall appoint the board members from the nominations made by each City
Commissioner, for ten members of the Planning, Zoning and Appeals Board. The mayor shall appoint
one member and the alternate member. Appointees shall be persons in a position to represent the
public interest, and no person shall be appointed having personal or private interests likely to conflict
with the public interest. No person shall be appointed who has any interest in the profits or
emoluments of any contract, job, work, or service for the City. No person shall be appointed who
holds any elective office or is employed in a full-time capacity by any governmental authority in the
county or the City. Before making any appointment the City Commission shall determine that the
person so appointed satisfies the requirements of sections 2-611 et seg of the City Code and no
person shall be confirmed in appointment who has not filed the statement required by section 2-615
of the City Code. In addition, the code of ethics of Miami -Dade County shall apply to members and
the alternate member of the Planning, Zoning and Appeals Board.
6. Persons appointed shall be electors of the City and otherwise meet the requirements of Chapter 2
Article XI of the City Code.
7. No member or alternate member of the Planning Zoning and Appeals Board shall be confirmed in
his appointment until he signs a statement agreeing to participate in at least one seminar on planning
or zoning to be held in Florida or elsewhere and approved by the City, during the course of each
calendar \/ear he shall remain a member or alternate member of the board. Failure to meet this
requirement each and every year after assuming board membership or alternate membership may be
grounds for removal.
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8. Vacancies
(a) Vacancies in the membership or alternate membership of the Planning Zoning and Appeals
Board shall be filled by the City Commission and mayor by appointment in the manner herein set out
and for the unexpired term of the member or alternate member affected provided the City
Commission may appoint an alternate member of the Planning Zoning and Appeals Board to a
vacancy as a full member of the board without resort to the procedural requirements of paragraph (1)
above.
The executive secretary of the Planning Zoning and Appeals Board shall notify the City Clerk
within ten days after a vacancy occurs and the City Clerk shall promptly transmit such information to
the City Commission for appropriate commission action as set out herein
9. Removal
(a) Members and alternate members of the Planning Zoning and Appeals Board may be removed
for cause by the City Commission upon the votes of not less than three members of the commission
upon written charges and public hearing if the member and the alternate member affected requests
such public hearing.
,(b) There is hereby established a point system. Each member and the alternate member of the
Planning, Zoning and Appeals Board who arrives after the beginning of the first agenda item or
leaves before the termination of the last agenda item at a regularly scheduled meeting of the board
shall receive two points. Any member and the alternate member of the board who accumulates more
than fifteen (15) points in one calendar year shall be brought to the attention of the City Commission
for its consideration of removal of the member.
(c) Notwithstanding paragraph (b) above, any member or alternate member of the Planning
Zoning and Appeals Board who is absent for whatever reason from more than five (5) meetings in
one calendar year shall be brought to the attention of the Citv Commission for its consideration of
removal of the member.
10. Compensation. Members and alternate members of the Planning Zoning and Appeals Board
shall receive a remuneration of $1.00 per year. The City Commission shall make provision for the
payment of actual and necessary expenses in accordance with City policy, for the attendance of
each member and alternate member of the board at one City -authorized planning or zoning seminar
or conference each calendar year to be held in Florida.
Sec. 63-91. Proceedings of Planning, Zoning and Appeals Board
1. Officers and voting. The Planning Zoning and Appeals Board shall select a chairman and
vice-chairman from among its members and may create and fill such other offices as it may
determine. All members or the alternate member sitting in the place of a member, shall be required
to vote on matters before the Planning Zoning and Appeals Board subject to the provisions of
subsections (e) and (f) of this section and applicable Florida Statutes The Planning Director shall
attend all meetings of the board. The Office of Hearing Boards or its successor, shall be the
executive secretary of the Planning Zoning and Appeals Board
2. Rules of procedure. The Planning, Zoning and Appeals Board shall establish rules of procedure
necessary to its governing and the conduct of its affairs in keeping with the applicable provisions of
Florida law, and the City charter, ordinances and resolutions Such rules of procedure shall be
available in written form to persons appearing before the board and to the public upon request
Quasi-judicial procedures as provided in the zoning ordinance and as required by state law shall
apply to its decisions and recommendations including rezoning; Special Area Plans: Exceptions:
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File Number: 09-01345zt
Variances; and appeal decisions by the board.
3. Meetings. The Planning, Zoning and Appeals Board shall hold at least two regularly scheduled
meetings each month, except the month of August on days to be determined by the board Other
regularly scheduled meetings may be set by the board and additional meetings may be held at the
call of the chairman and at such other times as the board may determine Meetings that are not
regularly scheduled shall not be held without at least ten (10) days written notice to each member and
the alternate member, provided that upon concurrence of the chairman of the Planning, Zoning and
Appeals Board and the city manager, an emergency meeting may be called at any time and with
appropriate notice.
4. Quorum; public records. Quorum requirements are governed by the provisions of section 2-887 of
the City Code. However, no action to recommend adoption of amendments to the city Comprehensive
Plan, or to recommend the amendment of the text of the Miami 21 Code rezoning or Special Area
Plan, or to approve an Exception shall be taken without the concurring votes of at least seven
members of the Board. The Executive Secretary of the Planning Zoning and Appeals Board shall
keep minutes of board proceedings showing the vote of each member or alternate member, if sitting
for a member, or if absent or failing to vote under paragraphs five (5) and six (6) below, indicating
such fact. It shall be the responsibility of the executive secretary of the Planning Zoning and Appeals
Board to handle all procedural activities for all public hearings held by the board including the
preparation of detailed minutes and official records of such hearings The official records of such
public hearings shall be filed with the City Clerk,
5. Status of alternate member. In the temporary absence or disability of a member, or in an instance
where a member is otherwise disqualified to sit on a particular matter, the chairman of the Planninq_
Zoning and Appeals Board, or the vice-chairman in his absence shall designate the alternate
member to sit as a board member to obtain a full membership of eleven or, as nearly as possible a
full membership. When so acting the alternate member shall have full rights of participation and
voting as members; his vote shall be deemed that of a member in reaching a decision on a matter. In
instances where the alternate member is not sitting as a member, he shall have the right to
participate in board discussions and to ask questions but he shall have no right to vote or make
motions. Where the alternate member has been duly designated to sit as a member on a particular
matter and consideration of that matter has begun the alternate shall continue to sit as a board
member through disposition of the matter; and he shall not be replaced should the member in whose
stead he is sitting later be present.
6. Disqualification of members or alternate, If any member of the Planning Zoning and Appeals
Board or the alternate member called on to sit in a particular matter shall find that his private or
personal interests are involved in the matter coming before the board he shall prior to the opening of
the hearing on the matter, disqualify himself from all participation of whatsoever nature in the cause
Alternatively, he may be disqualified by the votes of not less than six (6) members of the board not
including the member or alternate member about whom the question of disqualification has been
raised. No member or alternate member of the Planning, Zoning and Appeals Board may appear
before the City Commission, Planning Advisory Board Zoning Board or Planning, Zoning and
Appeals Board as agent or attorney for any other person
e. All city departments and employees shall under the direction of city manager and upon request
and within a reasonable time, furnish to the Planning Department such available records or
information as may be required in the work of the Planning, Zoning and Appeals Board The city
manager shall assign a member of the Public Works Department Planning Department Zoning
Office, Neighborhood Enhancement Team the Code Enforcement Department and Fire -Rescue
Department, or their successors, to attend public hearings of the Planning, Zoning and Appeals Board
City of Miarni Page 12 of 21 Printed On. 1217/2009
File Number: 09-01345zt
and to advise the Planning, Zoning and Appeals Board when necessary, and to furnish information
reports and recommendations upon their request. The city attorney shall attend public hearings of the
Planning, Zoning and Appeals Board to advise the board when necessary and to furnish information
reports and recommendations upon their request.
f. The Planning, Zoning and Appeals Board or representatives of the Planning Department may, in
the performance of official duties, enter upon lands and make examinations or surveys in the same
manner as other authorized city agents or employees and shall have other powers as are required for
the performance of official functions in carrying out the purposes and responsibilities of the board
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and- to grant special exceptions with appropriate conditions and safeguards or to deny special
exceptions when not in harmony with the purpose and intent of the zoning ordinance of thecity. (2b)
Varianes: To authorize upon application such variance from the terms of the zoning ordinance of the
city as will not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of the zoning ordinance of the city would result in unnecessary and
undue hardship.
(3c) Rescission: The zoning board, after public hearing, may rescind, modify or change any
resolution heretofore or hereafter adopted granting a special permit, special exception or variance, if,
Cite of Miami Page 15 of 21 Printed On.: 1217/2009
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and- to grant special exceptions with appropriate conditions and safeguards or to deny special
exceptions when not in harmony with the purpose and intent of the zoning ordinance of thecity. (2b)
Varianes: To authorize upon application such variance from the terms of the zoning ordinance of the
city as will not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of the zoning ordinance of the city would result in unnecessary and
undue hardship.
(3c) Rescission: The zoning board, after public hearing, may rescind, modify or change any
resolution heretofore or hereafter adopted granting a special permit, special exception or variance, if,
Cite of Miami Page 15 of 21 Printed On.: 1217/2009
File Number., 09-01345zt
upon application filed at any time, after the grant of special permit, special exception or variance, by
the director, the zoning finds that there has been a violation of any conditions, restrictions or
limitations in the subject resolution; provided, such a public hearing shall not be held until published
notice (per section 62-129 of the Miami City Code) has first been given; provided further, if the
director, upon written request of any aggrieved party, refuses or fails to make such an application,
such aggrieved party may request the city commission, through the city manager, to instruct the
director to do so. Such decision of the zoning shall be final unless an appeal is instituted to the city
commission within the time, and as prescribed for other appeals thereto.
Other matters: To authorize and approve such other matters as shall be brought before the board
pursuant to the zoning ordinance, city Charter and this Code.
Secs. 62-95--62-120. Reserved.
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File Number- /• /
Sec. 62-128. Public notice --Generally.
Where public notice is required, the administrotinn r>f the nmmProhonoiVe r,!aRR;Rg n set eut
�ect'Gn�G��Charter
e Gityand GT�d!RaTRGGS GRaGted thereunder, the type and the manner of
public notice to be given shall be as set out in the zoning ordinance or section of the ordinance for the
matter involved and as set out in section 62-129.
Sec. 62-129. Same --Types.
The requirements for the types of public notice are as follows:
(1) Newspaper publication.
a. Publication of public notice in a newspaper shall consist of publication in a newspaper of general
paid circulation in the municipality and of general interest and readership in the community, not one of
limited subject matter. Such publications shall be made not less than ten days in advance of the public
hearing.
b. When the publication of public notice pertains to comprehensive plan update or portion thereof or
plan amendment, the advertisement shall state the date, time and place of the meeting, the subject of
the meeting, and the place or places within city boundaries where the proposed amendment may be
inspected by the public. The advertisement shall also advise interested parties that they may appear at
the meeting and be heard regarding the transmittal or adoption of the comprehensive plan update or
portion thereof or plan amendment.
c. Further, except for t_he Planning, Zoning and Appeals Board hearings, if
the proposed comprehensive plan update or portion thereof or plan amendment changes the existing
permitted land uses or changes land -use categories, the required advertisements shall be no less than
one-quarter page in a standard size or a tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and classified advertisements appear. The
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File Number., 09-01345zt
advertisement shall be published in a newspaper pursuant to this section.
d. The advertisement shall be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Miami proposes to change the use of land within the area shown in the map in this
advertisement.
A public hearing on the proposal will be held on (date and time) at (meeting
place).... "
e. The advertisement shall contain a geographic location map which clearly indicates the area
covered by the proposal. The map shall include major street names as a means of identification of the
area.
(2) Posting. Posting is not required when the city, or its designee, initiates (a) a comprehensive plan
or zoning ordinance encompassing the entire city or (b) a comprehensive plan amendment, change of
plan designation, zoning ordinance amendment or change of zoning classification of private property
which deals with more than five percent of the total land area of the city.
a. Where posting of a property is required, it shall be done at least ten days in advance of the hearing
and shall consist of a sign to be posted on the such land which shall measure at least three square
feet in area, shall be of a color distinguishable from the surrounding landscape, and shall contain
substantially the following language:
"A PUBLIC HEARING CONCERNING THE REZONING OF THIS PROPERTY FROM TO
WILL BE HELD BY THE (ZONING BOARD CITY COMMISSION
OR the Planning, Zoning and Appeals Board,—OR THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD) OF THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING A VARIANCE ON THIS PROPERTY TO (short statement of nature
of variance requested) WILL BE HELD BY THE ZONING BOARD, (CITY COMMISSION OR plaRRiRel
tadvisGry be he Planning, Zoning and Appeals Board) OF THE CITY OF MIAMI. CALL (phone
number) FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING AN SPECIAL EXCEPTION ON THIS PROPERTY FOR THE
PURPOSE OF (short statement of nature of request) WILL BE HELD BY THE (ZQNI G BOARD,
CITY COMMISSION or the Planning, Zoning and Appeals Board) OF THE
CITY OF MIAMI. CALL (phone number) FOR INFORMATION."
Or
"A PUBLIC HEARING INVOLVING WARRANT ON THIS PROPERTY FOR THE PURPOSE OF (short
statement of nature of request) WILL BE HELD BY THE ( CITY COMMISSION OR the Planning
Zoning and Appeals Board) OF THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION."
b. The sign shall be erected in full view of the public on each street side of such land. Where the
property for which rezoning, variance or special exception, as the case may be, is sought is
landlocked, the sign shall be erected on the nearest street right-of-way, with an attached notation
indicating generally the distance and direction to the property for which rezoning is sought. Where
large parcels of property are involved with street frontages extending over considerable distances, as
many signs shall be erected on a street frontage as may be deemed adequate to inform the public.
c. It shall be a misdemeanor in the second degree, punishable pursuant to F.S. §§ 775.082 and
775.083 (1987) for any unauthorized person to tamper with or remove the signs posted pursuant to
this section.
(3) Mail notice. Mail notice is not required when the city, or its designee, initiates (a) a
comprehensive plan, or zoning ordinance encompassing the entire city or (b) a comprehensive plan
amendment, change of plan designation, zoning ordinance amendment or change of zoning
classification of private property which deals with more than five percent of the total land area of the
city. If required, notice of the time and place of the public hearing by the the
Planning, Zoning and Appeals Board, ZGRiRg bear 1, or city commission, as the case may be, shall be
sent at least ten days in advance of the hearing by mail to the owner of the subject property or his
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designated agent or attorney, if any.
(4) Courtesy notice. Courtesy notice is not required when the city, or its designee, initiates (a) a
comprehensive plan, or zoning ordinance encompassing the entire city or (b) a comprehensive plan
amendment, change of plan designation, zoning ordinance amendment or change of zoning
classification of private property which deals with more than five percent of the total land area of the
city. If required, notice of the time and place of the public hearing by the
Planning, Zoninq and Appeals Board, zeniRg beard or city commission, as the case may be, shall be
sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the
property lines of the land for which the hearing is required. The applicant shall be charged the
appropriate fee for the mailing. For the purpose of this requirement, the names and addresses of
property owners shall be deemed those appearing on the latest tax rolls of the city. The directors of
the planning, building and zoning departments, or his/her designee, shall certify at the time of the
public hearing that notice as herein required was given to the persons as named and with addresses
shown on his certification by the placing in the mail system of the United States on the date certified
the courtesy notice; the certification shall be conclusive of the giving of courtesy notice; in the case of
condominiums, each individual condominium unit owner shall be notified as described herein. No
action taken by the planRiRg advisery beard Planning, Zoning and Appeals Board, zc)Ring beard, or the
city commission, as the case may be, shall be voided by the failure of an individual property owner to
receive such courtesy notice.
(5) Additional and optional notice. The Planning, Zoning and Appeals Board,-
zep+ng Ceara or city commission, as the case may be, may give additional and optional notice as may
be deemed proper for the circumstances involved for the particular hearing, but such additional notice
shall not be deemed as legally required. Where such additional or optional notice is given, failure of an
individual property owner or groups of property owners or residents to receive or be aware of such
notice shall not void any action taken by the Z^n Rg baa;d-, pIaRRiRg adViSGFy bGard. Planning, Zoning
and Appeals Board, or the city commission, as the case may be.
(6) Administrative notice. In the case of special permits, the directors of the planning, building and
zoning departments may direct the applicant to send an informational notice to all immediately
adjacent property owners, including across a street or alley, by certified mail with return receipt
required. In the case of condominiums, only one notice will be sent to the condominium association.
Issuance of a special permit will not be precluded by reason of the failure of an adjacent property
owner to receive an administrative notice.
Secs. 62-130--62-155. Reserved.
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1) The Planning, Zoning and Appeals Board is authorized to entertain covenants/ agreements
However, notwithstanding the foregoing, no applicant or applicant's representative seeking a
recommendation for approval of a permit, zoning change or approval of a future land use plan
("FLUM") amendment to the comprehensive plan shall be permitted to argue or represent to the
Planning, Zoning and Appeals Board that the property which is the subject of the application will be
put to a specific use or uses or to exclude a use or uses authorized by the proposed land use
designation, unless the applicant has submitted a restrictive covenant committing to such
representation which has been submitted to the Planning Department and has received approval as
to legal form by the Office of the City Attorney. The Planning Zoning and Appeals Board may
recommend approval of such covenant/agreement to the City Commission relative to its
recommendation of the application. The Applicant shall be bound to the terms of the covenant and
shall record it in the public records after final acceptance by the City of Miami.
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File Number: 09-01345zt
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 thereof. {2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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