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Ordinance: 13158
File Number: 09-01345A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2010
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 ZONING AND APPEALS BOARD TO THE MIAMI 21
ZONING ORDINANCE, BY AMENDING ARTICLES I THROUGH V; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY
20, 2010.
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 and their enumerated duties;
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 effective May 20, 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 eode ordinance,
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.
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ARTICLE II. COMPREHENSIVE PLANNING
Sec. 62-27. Establishment of advisory and peliGy boards 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 are Lobe
denominated as: —
(1) The planning advisory hoard of the pity; and
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(2) The zeninn hoary! of the Gity. the Planning, Zoning and Appeals Board
(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 zening hoard!
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
planning advisory beard, the zening hoary! 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 or portions 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 planning advisory board. 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 cooperation between private groups and government, measures for
implementation and such other matters as may be deemed necessary by the planning advisory board
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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,
Zoning 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 planning
advisery board 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 19
(2) Five-year comprehensive plan amendment, resulting from and accompanied by an evaluation
and appraisal report, pursuant to F.S. § 163.3191 (4987 2009).
(3) Semiannual plan amendment, pursuant to F.S. § 163.3187 (4987 2009).
(4) Plan amendments, which are exceptions from state review, pursuant to F.S. § 163.3187 (2009
4987).
Data summaries and planning studies, amplifying and clarifying policies that are consistent with the
comprehensive plan, are not plan amendments.
(5) Any other plan amendments as described in F.S. � 163.3187, as amended.
(b) Applications for plan amendments. Applications may be made by:
(1) The city commission which may by motion.direct 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 Planning, 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 planning
advisery board 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
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correct to the best of the owner's knowledge or that of his attorney or agent. Applications shall be
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 planning
advisery board Planning, Zoning and Appeals Board such that the public hearing occurs prior to the
public hearing by the Planning, Zoning and Appeals Board zen;ng board 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 departments.
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 (10) —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 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 (5) 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.
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(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 thereof or plan amendment shall be held within 60 days from the date of the planning ad i
beard 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) (200947).
(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) (4987 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) (4997 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 s bseGtien (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.
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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 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 planning
advisery board 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 advisory beard
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 advisery board
Planning, Zoning 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 Planning, 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 Planning, 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
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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
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 quasi -public 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
therefore. Within 30 days after the request for such report has been received by the planning
advisery 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 Planning, Zoning and
Appeals Board to act shall be deemed an 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
planning advisery 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 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) Metropolitan Miami -Dade County comprehensive development master plan protects potable
water well fields (reference: The Code of Metropolitan Miami -Dade County, Florida, as amended);
(4) Coastal management element of the Miami comprehensive neighborhood plan and by reference;
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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, providiD e 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
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 monies and any other sums wich
may be made available through fees, gifts, state or federal grants, state or federal loans r there
sources shall be extended in accordance with the established budgetary and fical 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
planning advisery beard. The planning adyisery board shall Gensist of nine voting members, ep
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alternate member to be appointed On the manner hereinafter set out on artiGle V of this
one ex GffiGiG, non voting rner ber wed by td!he cnhool beard. "' 7 member,
The SGheel beard
serving as an ex GffiGiG, non voting
shall be invited to attend
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granted, inGrease residential density. The SGheel beard appointee shall not be GOunted on dete i i -
+hic nh�nfor
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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
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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
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 Planning, 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
advisery Planning, 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
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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
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 judgment, 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. aualifications of members and the alternate member shall be as follows:
(a) Eleven (11) members and one alternate, shall be from the electorate of the Ci
of Miami with demonstrated knowledge and interest in the appropriate growth
and development of the city.
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, mob, 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 seq. 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 year he shall remain a member or alternate member of the board.
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Failure to meet this requirement each and every year after assuming board membership or alternate
membership may be arounds for removal.
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.
(b) 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 Citv 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 vear shall be brouaht 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. 62-64. Proceedings of Planning, Zoning and Appeals Board
Officers and votina. The Plannina. Zonina 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 Plannina. Zonina and Appeals Board.
Rules of procedure. The Plannina. Zonina and Appeals Board shall establish rules of
procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable
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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; 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 Dublic hearinas shall be filed with the Citv 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
Planning, 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 sittina later be Dresent.
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
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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 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 reauest.
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.
Drnnoorlings
members,(a) QffiGer-s and voting. The planning advisery beard shall se!eGt a Ghairrnan and ViGe Ghairman
frern arneng its members and may Greate and foil SUGh other OffiGes as it may determine. All
er an alternate member sitting On the plaGe of a membershall be required to vote E)n0
0
this seGtien and appliGable Florida Statutes. -The direr--tex of the planning, building and zonlqg
departmentsall harr-be he-exeGUtizrve seGre-t f the planning adyisery hry--beard—
(b) Rules and pr-GGedure. The planning advisery beard shall establish rules Of PFC)Gedure neGessary
affairs, ,
Charter,to its governing and the Gc)ndUGt of its
On keeping with the appliGable provisions of Florida
the Gity
erdinanGes and resolutions. SUGh rules Of PFC)Gedure shall be available On written
form to persons appearing before the planning advisery beard and to the publiG upen request.
(G) Meetings. The planning advisery board shall hold at least twe regularly SGheduled rneetk4gs.
eaGh eXGept the menth of
en days to be determined by the beard. Other regularly
0 August,
beard,SGheduled meetings may be set by the and additional meetings may be held at the Gall C)
member,Ghairrnan and at SUGh other times as the planning advisery beard may determine. Meetings that are
not regularly SGheduled shall not be held without at least ten days' written netiGe to eaGh rnernbe
and alternate provided that upen GenGUrrenGe of the Ghairrnan of the planning advise-ry
manager,beard and the Gity
an ernergenGy meeting may be Galled at any time. The plan i g
adyisery beard shall have the power to tako testimeny under oc�--ea h.
(d) Quorum, publiG reGords. The planning advisery beard shall keep minutes of its 0
member,showing the vote of eaGh member er alternate Of sitting for a
member,
to vete under subseGtiens (e) and
indiGating SUGh faGt. it shall be the responsibility of the dire
0
board,of the department of administration for planning advisery and zoning beards to handle all PFC)Gedural
aGtivities for all publiG hearings required to be held by the planning advisery OnGluding the
thereof,preparation of detailed minutes and OffiGial reGGrds Of SUGh hearings. The OffiGial FeGerds of SuGh
publiG hearings shall be filed with the Gity Glerk. it shall be the responsibility E)f the exeGutive
seGretary of the planning advisery beard to rna ntain reGE)rds of other publiG meetings of the beard.
ReGGrds Of SUGh meetings shall be maintaine the efke� of the planning, building and zening
departmentf,j. A querurn for the transaGtien of business shall ensist of five members any aGtien tG
to reGC)Fnrnend the
amendment of the zening ordinanGe as set out on aFtiGle 22 of the zening er to
0
reGC)Fnrnend approval of a major use speGial permit n n
0
or a site and development plan shall
be taaken with the approval by majority dote of the members b f the beard present.
(e) Status of alternate member, in the temporary absenGe er disability E)f a member, er on an
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Sec.62 94-62-65–Powers and duties generally.
(a) in aGGE)rdaRGe with the general statement of seGtion 62 92(i), the zoning beard shall have the
power to hear appliGations fer the rezening Of PaFtiGUlar properties and tG make reGOmmendations-
thereon to the pity nommission as cot out in aFtinlo 22 of the zoning ordinanno
kb)—
In furtherance of its quasi-judicial functions under section 62-92(2) of this article, the zoning board
shall have the following powers and duties:
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(1a)Special exceptions.- o hears and deGide S, Gh spec+aleXGep+� as the—wing beard
speGifiGally autherized to pass on under the terms of the zening ordinaGe of the Gity; to deGide
SUGh questions as are involved On the determination of whether or not speGial eXGeptiep's
should a granted; to grant special exceptions with appropriate conditions an safegards or
to deny special exceptions when not in harmony with the purpose and intent of the zoning
ordinance of the city.
(2b) Variances: 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 f 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 hange any
resolution heretofore or hereafter adopted granting a special permit, special exception or variance, if,
upon application filed at any time, after the grant of special permit, special exception or variance, b
he 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. 62-95-66-62-120. Reserved.
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ARTICLE IV. NOTICE GENERALLY
Sec. 62-128. Public notice --Generally.
Where public notice is required, the administration of the GOMprehensiye planning program as set
out in seGtion 72 of the City Charter and ordinanGes onaGted 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.
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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 the 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
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 planning
advisery board the 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 (ZONING_ BOARD,
CITY COMMISSION or the Planning, Zoning and Appeals Board) OF THE
CITY OF MIAMI. CALL (phone number) FOR INFORMATION."
Or
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"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, zoning bear', 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
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 advisory board
Planning, Zoning and Appeals Board, zening board 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 planning advisery beard Planning, Zoning and Appeals Board, zening bearcl, 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, zening beafd, 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 zening beam!
, ninnninn advisery beard
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.
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Issuance of a special permit will not be precluded by reason of the failure of an adjacent property
owner to receive an administrative notice.
ARTICLE V. COVENANTS AND AGREEMENTS BEFORE THE PLANNING, ZONING AND
APPEALS BOARD
Section 62-130 The Plannina. Zonina and Appeals Board is authorized to entertain volun
covenants/ agreements proffered by applicants. 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 Dublic records after final acceptance by the Citv
of Miami.
Secs. 62-1381--62-155. Reserved.
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 no earlier than May 20, 2010. {2)
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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