HomeMy WebLinkAboutLegislation 3consent, or by duly authorized agents, evidenced by a
written power of attorney, if the agent is not a
member of the Florida Bar. Only applications which the
Zoning Board and the City Commission are authorized to
consider and act upon shall be accepted for filing.
(b) Statement describing in detail the character and
intended use of the development or activity.
(c) General location map, showing relation of the
site or activity for which special permit is sought to
major streets, schools, existing utilities, shopping
areas, important physical features in and adjoining
the project or activity and the like.
(d) A site plan containing the title of the project
and the names of the project planner and developer,
date, and north arrow and based on an exact survey of
the property drawn to a scale of sufficient size to
show:
(1) Boundaries of the project, any existing streets,
buildings, watercourses, easements, and Section lines;
(2) Exact location of all buildings and structures;
(3) Access and traffic flow and how vehicular traffic
will be separated from pedestrian and other types of
traffic;
(4) Offstreet parking and offstreet loading areas;
(5) Recreation facilities locations;
(6) All screens and buffers;
(7) Refuse collection areas; and
(8) Access to utilities and points of utilities
hookups.
(e) Tabulations of total gross acreage in the project
and the percentages thereof proposed to be devoted to:
(1) The various permitted uses; and
(2) Ground coverage by structures.
(f) Tabulation showing:
(1) The derivation of numbers of offstreet parking
and offstreet loading spaces shown in (d) above; and
(2) Total project density in dwelling units per acre.
(g) If common facilities (such as recreation areas or
structures, private streets, common open space, etc.)
are to be provided for the development, statements as
Page 125 of 186
to how such common facilities are to be provided and
permanently maintained. Such statements may take the
form of proposed deed restrictions, deeds of trust,
homeowners' associations, surety arrangements, or
other legal instruments providing adequate guarantees
to the City that such common facilities will not
become a future liability of the City.
(h) Storm drainage and sanitary sewerage plans.
(i) Architectural definitions for buildings in the
development; exact number of dwelling units, sizes,
and types, together with typical floor plans of each
type.
(j) Plans for signs, if any.
(k) Landscaping plan, including types, sizes and
locations of vegetation and decorative shrubbery, and
showing provisions for irrigation and future
maintenance.
(1) Plans for recreation facilities, if any,
including location and general description of
buildings for such use.
(m) Such additional data, maps, plans, or statements
as may be required for the particular use or activity
involved.
(n) Such additional data as the applicant may believe
is pertinent to the proper review for compliance and
consideration of the site and development plan.
Items (c), (d), (k), and (i) above shall be prepared
by a registered surveyor, engineer, architect,
landscape architect or certified planner as may be
appropriate to the particular item.
1304.2.2. Application forms; completion before
processing.
For purposes of establishing time limitations on
processing, no application shall be deemed to
have been filed unless and until the applications
shall have been completed; all plans, reports or
other information, exhibits, or documents
required by this zoning ordinance or
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administrative rules adopted pursuant hereto
shall have been provided; and all fees due at
time of filing shall have been paid.
1304.2.3. Application forms; supplementary
materials.
During processing of any application, if it is
determined by the designated agent, agency, or
body of the City that in the particular
circumstances of the case additional information
is required to make necessary findings bearing on
its approval, denial, or conditions and
safeguards to be attached, such information may
be requested. Failure to supply such
supplementary information may be used as grounds
for denial of the permit.
.gec 3-05. C-onsidcrationo general
consi-dcrat
concerning thc clans or kind of permit being conaidcrcd.
cncieo, or boardo cha
following matters ao arc applicable in thc arc, oha11
thc record, and shall be guided by ouch conoidcrationc and
otandardo in their dccioions ao to ioouance of permito,
with or
applicationo.
cgrcoo to the property and structure and uoco thereon,
loading.
Page 127 of 186
Rcvicw for adequacy shall bc givcn to offotrcct
otrccto, with particular rcfcrei �"
pedestrian safety and convenience,
internal traffic
flew and control, arrang
casc of fire or other cmergen , Qn,a - - coning and
landscaping.
1305.3. Rcfuac and service arc a.
Rcvicw for adcquaey shall bc givcn to thc location,
service a et ivi i c-s , a a
such matters relate to thc location
on adjoining propertico and to the location and
charactcr of adjoining public ways.
1305.4. Signs and lighting.
and naturc of usco
size, charactcr, location, and orientation of proposed
oigno, and of proposcd lighting for signs and
premisc0, with particular rcfcrcncc to traffic oafcty,
glare, and compatibility and harmony with adjoining
and nearby property and thc charactcr of thc arca.
1305.5. Utilities.
rcquircd, with particular rcfcrcncc to availability
potentially advcrac appearance or other advcroe
effects on adjoining and -nearby property and the
charactcr of thc arca.
1305. .
Rcvicw for adequacy shall bc given to provision for
drainage, with particular rcfcrcncc to effect on
adj-oining and ncarby propertico and on general
th-ainagc syotcmo in thc arca. Where major drainago
eonaiderati-eat
Page 128 of 186
retention with gradual diochargc, or other rcmcdial
casurco.
1305.7. Preservation of natural featurca.
for thc prcacrvation of existing vegetation and
gGe1ogi ff oat oo circYi-or po. :i ,l e-
1305.8. Con-relef crsc cffccto
generally.
T addit'
above, ao appropriate to the particular cla-e- or kind
of special permit and thc circumatancco of thc
particular case, review for appropriatencoo oha11 be
Bets generally on
adjoining and nearby properties, thc ar a, thc
neighborhood, or thc City, of thc uoc occupancy ao
proposed, or ito location, conotruction, dcoign,
ekaractcr, scale or manner of operation. Whcrc much
potentially advcroc cffccto arc found, conoidoration
shall be
given to opccial rcmcdial measures
appropriate in the particular circumotancoe of 'the
came, including screening or buffering, la-ndocping,
control of manner or hours of operation, alteration of
relocation of propoocd open space or alteration of uoc
eliminated or
-minimized to
the maximum extent
will be compatible and harmoniouo with other
development in thc arga to a degree whre - id
oubotantial depreciation of the value of nearby
property.
Sec. 1305. Considerations generally; criteria; standards;
findings and determinations required.
The City agent, board, or commission that is charged with
decisions concerning each of the special permits shall
review the proposal before them and shall make, or cause to
be made, written findings and determinations inaccordance
with the established applicable criteria set forth in this
zoning ordinance and the City Code. Such findings shall be
used to approve, approve with conditions, or deny the
Page 129 of 186
pending application.
Approvals shall be issued when such application complies
with all applicable criteria.
Conditional approvals, shall be issued when such
applications require conditions in order to be found in
compliance with all applicable criteria.
Denials of applications shall be issued if after conditions
and safeguards have been considered, the application still
fails to comply with all applicable criteria.
1305.1. Temporary use/occupancy; criteria and
mandatory referrals.
Sec. 1305.1.1. Referrals.
As appropriate to the nature of the
temporary use and/or occupancy of the special
permit involved and particular circumstances of
the case, the following conditions enumerated in
this sub -Section in addition to any other
specific consideration(s) set forth elsewhere in
the City Code, this zoning ordinance, or any
other applicable regulation(s) shall apply:
Referrals: The zoning administrator shall make
referrals as specified herein based on the nature
of the application.
Zoning. Review by zoning for compliance with
applicable zoning regulations.
Fire. Referral to the Fire Rescue and Inspection
Services department for review of fire safety
controls as determined by the department.
Police. Referral to the Police Department for
review of traffic safety, including provisions of
traffic monitors; crowd control measures; and any
other life/safety issues as determined by the
department.
NET. Referral to the appropriate NET Service
Center Office for review and approval of
operational plan, which shall include: number of
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trash receptacles and locations, frequency of
trash pick-up, name and 24-hour telephone number
of contact person responsible for handling
maintenance and/or emergency issues, noise
control measures, and any other specific
considerations that the NET Administrator deems
necessary in order to make an informed
recommendation based on the nature of the
application.
Other. Referral to other governmental agencies
with the necessary expertise that the Zoning
Administrator requires based on the nature of the
application in order to make an informed
decision.
TEMPORARY USEIOCCUPANCY
ZONING
FIRE
POLICE
NET
OTHER
Subject to permissibility as specified within the district regulations.
Balloons
X
X
X
X
X
Development signs
X
X
X
Community or neighborhood bulletin boards or kiosks
X
X
X
Christmas tree sales on a vacant lot or portions of a lot
X
X
X
Sale of goods pertaining to a national legal holiday
X
X
X
Outdoor display of produce and foods.
x
X
X
Aluminum recycling machines
X
X
Curbside delivery receptacles other than US Mail
X
X
X
Temporary special event
X
A
X
X
X
Temporary carnival, festival, fair or special event
X
X
X
X
X
Special access for emeraencv vehicles through private residential districts.
X
X
X
X
X
Pedestrian and cyclist access through private residential districts
X
X
X
X
X
Temporary offstreet offsite parking for construction crew
X
X
X
Offsite parking for portions of SD-2
X
X
X
Sec. 1305.1.2. Criteria
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Approvals of Class I Special Permits for
temporary activities by the Zoning Administrator
shall be based on the criteria utilized by the
different agencies upon which referrals were
made. Such criteria shall be as determined by
each of the technical agencies and as regulated
by other applicable laws. The Zoning
Administrator shall review comments as provided
by each agency to determine whether the proposed
request for temporary activity complies with all
of the individual criteria. A recommendation of
denial by any particular agency shall be
accompanied by specific findings from such agency
which enumerates how the request does not comply
with their individual criteria. The duration of
each such temporary use/occupancy shall be
clearly stated within the approved Class I
Special Permit.
Sec. 1305.2.Design review criteria.
As appropriate to the nature of the special
permit involved and the particular circumstances
of the case, the following considerations and
design criteria as specified on the following
table shall apply to issues related to design,
character and compatibility of the proposed
application in addition to any other specific
consideration(s) set forth elsewhere in this
zoning ordinance, the City Code, or any other
applicable regulation(s). Special consideration
shall also be given to redevelopment activity
within Community Revitalization Districts and/or
where a plan is in place. For the purposes of
this Section a "plan" shall mean a master plan,
Design Guides and Standards or special zoning
district.
DESIGN REVIEW
INDUSTRIAL
LIBERAL
RESTRICTED
OFFICE AND
MULTIFAMILY
LOW DENSITY
CRITERIA
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
RESIDENTIAL
RESIDENTIAL
1. Site & Urban
_Planning:
111 Respond to the physical
X
X
X
X
X
X
contextual environment
taking Into consideration
urban form and natural
features.
(21 Siting should minimize
X
X
X
X
X
X
the impact of automobile
parking and driveways on
the pedestrian environment
and adlacent properties.
Page 132 of 186
L31 Buildings on corner lots
should be oriented to the
corner and public street
fronts_
11. Architecture and
Landscape
Architecture:
;1) A pro{ect shall be
designed to comply with all
applicable landscape
ordinances.
f 2) Respond to the
neighborhood context,
13) Create a transition in
bulk and scale.
;4) Use architectural styles
and details (such as roof
lines and fenestration),
colors and materials
derivative from surrounding
area.
;5) Articulate the building
facade vertically and
horizontally in intervals that
conform to the existing
structures in the vicinity.
111. Pedestrian
Oriented
_Development.;
1.1) Promote pedestrian
interaction.
;2) Design facades that
respond primarily to the
human scale,
(3) Provide active, not blank
facades, Where blank walls
are unavoidable, then
should receive design
treatment,
IV. Streetscape and
Open Space:
11) Provide usable open
space that allows for
convenient and visible
pedestrian access from the
_public sidewalk.
f2) Landscaping, including
plant material, trellises,
special pavements, screen
walls, planters and similar
features should be
appropriately incorporated
, to enhance the protect..
DESIGN REVIEW CRITERIA
V. Vehicular Access
and Parkins:
;1) Design for pedestrian and
vehicular safety to minimize
conflict pointg.
(2) Minimizejhe number and
width of driveways and curb
cuts,
;3) Parking adiacent to a
street front should be
minimized and where possible
should be located behind the
X
x
X
X
X
INDUSTRIAL_
X
X
X
x
X
X
X
X
X
x
X
X
LIBERAL
COMMERCIAL
X
X
X
X
X
x
X
X
X
X
X
x
X
X
RESTRICTED
COMMERCIAL
X
X
X
X
X
x
X
X
X
X
X
X
OFFICE AND
INSTITUTIONAL
X
X
X
x
X
X
X
X
X
MULTIFAMILY
RESIDENTIAL
X
X
X
X
LOW DENSITY
RESIDENTIAL
Page 133 of 186
building,
(4) Use surface narking areas
as district buffer,
VI. Screening:
(1)'Provlde landscaping that
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture.
(2) Building sites should locate
service elements like trash
clumsier, loading docks, and
mechanical equipment away
from street from where
possible. When elements
such as dumpsters, utility
meters, mechanical units and
pervice areas cannot be
located away from the street
front they should be situated
and screened from view to
street and adjacent properties.
(3) Screen parking garage
structures with program uses,
Where program uses are not
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
VR. Siugane &
Llahtlna:
—(1) Design signage
appropriate for the scale and
character of the proiect and
Immediate neighborhood.
(2) Provide lighting as a
design feature to the building
facade, on and around
landscape areas, special
building or site features,
and/or sigmas.
(3) Orient outside lightingto
minimize glare to adiacent
properties.
(4) Provide visible slonage
Identifying building addresses
at the entrancefs) as a
functional and aesthetic
consideration.,
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Page 134 of 186
DESIGN REVIEW CRITERIA
INDUSTRIAL
LIBERAL
RESTRICTED
OFFICE AND
MULTIFAMILY
OW DENSITY
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
RESIDENTIAL
RESIDENTIAL
VIII. Preservation of
Natural Features:
�(11 Preserve existing
X
X
X
X
X
X
vegetation and/or geological
features whenever ossible,
IX. Modification of
Nonconformities:
See sec. 1105 of this zoning
ordinance for specific
regulations,
In addition to the applicable
criteria as set forth by the
Director of the Planning and
Zoning Department per sec.
1105, the following criteria
shall apply in making
determinations for Class II
Special Permits:
(11 For modifications of
X
X
X
X
X
X
nonconforming structures, no
increase in the deoree of
nonconformity shall be
allowed.
f 2) Modifications that conform
X
X
X
X
X
X
to current regulations shall be
designed to conform to the
scale and context of the
nonconforming structure,
1305.2.1. Status of prior development and
application for development.
All development in existence, or any
complete application for development filed prior
to January 1, 2004 that does not comply with the
criteria specified in Section 1305.2 shall not be
considered a non -conformity for purposes of
Article 11 and all other applicable Sections of
this ordinance.
1305.3. Use and occupancy criteria.
As appropriate to the nature of the special
permit involved and the particular circumstances of
the case, the following considerations and criteria as
specified below shall apply to issues related to use
and occupancy of the proposed application in addition
to any other specific consideration(s) set forth
elsewhere in this zoning ordinance, the City Code, or
any other applicable regulation(s).
Page 135 of 186
1305.3.1. Manner of operation.
Review for adequacy shall be given to the
manner in which the proposed use will operate
given its specific location and proximity to less
intense uses. Particular consideration shall be
given to protecting the residential areas from
excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover
effect of light.
1305.3.2. Design.
Applicable design review criteria as specified in
Section 1305.2 shall apply.
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the City designated by this
zoning ordinance as having responsibility for issuance or
denial of each of the classes of special permits set out in
this Article 13 shall have authority to attach to the grant
of any such special permit such conditions and safeguards
as may be necessary for the purposes of this zoning
ordinance in the particular case.
Such conditions and safeguards, if attached to grant of
special permit, shall be based upon and consistent with
considerations and standards applicable to the class or
kind of special permit involved as set out in the
applicable Section 1305 of this ordinance, Concidcrationo
, and in
other provisions relating to the particular class or kind
of permit. The requirement for any such conditions or
safeguards shall be supported by stated reasons, based upon
such considerations and standards, and no such condition or
safeguard shall establish special limitations and/or
requirements beyond those reasonably necessary for the
accomplishment of the purpose for which the condition or
safeguard is attached.
Failure to comply with conditions and safeguards, when
attached to grant of special permit, shall be deemed a
violation of this zoning ordinance. See Section 2108,
Action on violations; remedies for violations on Class I or
Page 136 of 186
Class II special permits; and Section 2109, Penalties for
violations on Special Exceptions and Major Use Special
Permits.
Sec. 1307. Notice and hearing generally; availability of
recommendations; records.
It is the intent of this zoning ordinance that requirements
set out for notice and hearing, whether formal or informal,
for the several types of special permits are to be deemed
sufficient for meeting the standards of due process for the
specific permit for which application is made.
1307.2. Information on which decision is based to be
public and available to applicant.
Each agent, agency, or body of the City responsible
for decision on special permits shall afford to the
applicant full information on which the decision of
the agent, agency, or body of the City is based; and
full opportunity shall be given to the applicant,
prior to reaching final adverse or conditional
decision, to provide additional information of a
rebuttal nature. All information on which the decision
of the agent, agency, or body of the City is based in
addition to the decision shall be available to the
public in accordance with state law.
1307.2. Required record of formal hearings, informal
conferences.
Records shall be maintained of any formal or informal
hearing or conference in connection with special
permits, and the same shall be a public record. Such
records shall include, but not be limited to, all
material necessary for decisions, supporting
conditions, and safeguards, if any, attached to
special permits, and to any agreements established in
relation thereto, or to any disagreements and reasons.
On payment of any costs involved in reproduction,
copies of all or portions of such records shall be
made available to applicants and other interested
parties on request.
Sec. 1308. Actions following decisions on special permits.
Page 137 of 186
Following decisions on special permits, the following
actions shall be taken promptly:
1308.1. Notification of decisions.
Where special permits are approved, with or without
conditions, or denied, applicants shall be so informed
in writing, with a summary of the reasons and notice
that complete records on the case are available in a
location specified, and are public records.
1308.2. Notification of affected agencies or officials
of decisions; actions following such notification.
Where special permits are approved or denied, affected
agencies or officials shall be informed, by copy of
the permit, including any conditions and attached.
As appropriate to the circumstances of the case, upon
such notification, such agencies or officials shall
proceed to decide concerning any building permit,
occupancy permit, or other action dependent upon
issuance of the special permit, without further action
by the applicant, and/or shall make such entries or
records as are necessary for efficient performance of
their duties with regard to administration,
inspection, or enforcement in the case.
Sec. 1309. Permits apply to property, not person.
When granted, a special permit under any of the classes of
special permits set out in Section 1301 of this ordinance
above, together with any conditions or safeguards attached,
shall apply to the land, structure, or use for which it was
issued, and shall be binding upon heirs and assigns, unless
abrogated or altered in the manner set forth in this
ordinance.
Sec. 1310. Withdrawal of application for certain classes of
permits; effect of withdrawal.
An application for a Class I or a Class II Special Permit
may be withdrawn by the applicant at any time prior to
decision without limitation on resubmittal, but if
withdrawn after the final decision has been issued,
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substantially the same application shall not be considered
within twelve (12) months of date of withdrawal. An
application for a Special Exception or a Major Use Special
Permit may be withdrawn at any time, but if withdrawn after
the public hearing has been convened at which it was to be
considered by the City Commission, substantially the same
application shall not be considered within twelve (12)
months of date of withdrawal.
Sec. 1311. Appeals from decisions on special permits.
Any person or persons, jointly or severally, aggrieved by
the decision of any agent, agency, or body of the City in
granting, granting with conditions or safeguards, or
denying a special permit, or any officer, department,
board, commission, or bureau of the City, may seek review
of such decision in the manner set out in this ordinance
and the applicable laws of Florida for the permit involved.
1311.1. Review of decisions for Class I or II Special
Permits.
Review of decisions made for Class I or II Special
Permits shall be by appeal to the Zoning Board in the
manner set out in Articles 18 and 20 of this zoning
ordinance.
1311.2. Review of decisions for Special Exceptions.
Review of decisions made by the Zoning Board for
Special Exceptions shall be in the manner set out in
Article 20 of this zoning ordinance.
1311.3. Review of decisions for Major Use Special
Permits.
Review of decisions made by the City Commission for
Major Use Special Permits shall be in the manner set
out in Article 20 of this zoning ordinance.
ARTICLE 14. CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS
Sec. 1400. Regulations applying.
Issuance, issuance with conditions and safeguards attached,
Page 139 of 186
or denial of Class I Special Permits, is governed by
regulations applying to special permits generally as set
out in Article 13 of this ordinance. regulations applying
Class I Special Permits shall apply to issues related to
particular temporary uses specified within different
Sections of this zoning ordinance and the City Code. The
governing criteria shall include the applicable
considerations enumerated in Section 1305.1 in addition to
any other specific criteria and/or considerations e
oecupancieo appearing in thc official ochedulc of district
pp ••, g to particular u3co and
set out elsewhere in the City Code,
and regulations set out in this.
that may be
this zoning ordinance,
Article.
Sec. 1401. Informal notice and hearing.
Permits; informal noticc ar Wig;
Clawo I Special
1401.1. No formal public notice or hearing.
No formal public notice and hearing are required in
connection with Class T Special Permit procedures.
However, at the time of initial application, tho
applicant ohall notify in writing thc officia-1
rcprcocntativc of all known neighborhood and/or home
owner a000ciation3 potentially affected by tho
,eique-st-cd, and shall Submit with thc application paid
ac caoc of 3igno whcrc no
noticc is required.
1401.1. Notice required by applicant to adjacent
property owners. At the time of initial application,
the applicant shall notify all abutting property
owners including those across a street or alley, in
approved City form, by certified mail, and shall
submit with the application said certified receipt(s),
except in the case of signs, where no notice is
required.
In the case of adjacent condominiums, only one (1)
notice to the condominium association will be sent.
1401.2. Required courtesy notice to registered
neighborhood and/or homeowner associations. All
Page 140 of 186
neighborhood and/or homeowner associations that wish
to receive a courtesy notice of Class I Special Permit
applications in their areas shall register with their
Neighborhood Enhancement Team (NET) Office on a yearly
bases. Such registration shall consist of a letter to
the applicable NET office in which the association
shall request such notification and shall specify the
name, address and telephone number of the official
representative of the association designated to
receive said notice and a list of all the officers of
said association.
At the time of initial application, the applicant
shall obtain the list of all registered neighborhood
and/or homeowner associations pertaining to the
applications in question from the Department of
Planning and Zoning and shall notify the official
representatives of all such registered associations in
writing, by certified mail, of the application; the
applicant shall submit with the application said
certified receipts, except in the case of applications
for signs, in which case no notice is required.
Sec. 1402. Referrals; time limitations; effect.
1101.2. Chao z Special rcrmito; mandatory referrals;
time limi to on rcturn3 .
within five (5) alcndar days of receipt of
applications for Class I Special Permits by thc zoning
administrator, thc zoning administrator shall make thc
referrals to other officcrn, agencies, or department°
rcguir y t i3-s--z-en-i-ng ordinance. Thc applicant ohall
bc notified in writing of thc rcason3- for ouch
referral°, and thc oamc shall bc a part of thc
permanent record in thc caoc.
Reviews, analyocs, and/or technical findings requested
by ouch referrals shall be returned to the zonins
n. tra ithin ten--(10)—oal� ard-ays of —
reference, unless thc appli ant and thc zoning
administrator shall mutually agree to a time extension
in writing and for good cause shown; in which aoc tho
extension and ito length shall bc noted on thc
referral.
Scc. 1402. Mandatory referrals.
Page 141 of 186
1402.1. Reports required from other officials or
departments; time limitations.
Regulations set out in this zoning ordinance, or
administratively adopted pursuant to it and in
accordance with its terms and purposes, require
referral of the application for a Class I Special
Permit and related materials, or appropriate parts, to
other officials or departments for review, analysis,
and/or technical findings and determinations and
reports, relating to their fields of specialization.
Within five (5) calendar days of receipt of
applications for Class I Special Permits by the zoning
administrator, the zoning administrator shall make
such referrals to such other officers, agencies, or
departments as are thug required in the case by this
zoning ordinance or which are, in the zoning
administrator's judgment, necessary to proper
disposition of the application; and no Class T Special
Permit shall be granted without all reports required
in the particular case. The applicant shall be
notified in writing of such referrals, and the same
shall be a part of the permanent record in the case.
Effect of such reports upon the final decision of the
zoning administrator is governed by Section 1402.2 of
this ordinance.
Reviews, analyses, and/or technical findings requested
by such referrals shall be returned to the zoning
administrator within ten (10) calendar days of the
reference, unless the applicant and the zoning
administrator shall mutually agree to a time extension
in writing and for good cause shown; in which case the
extension and its length shall be noted on the
referral.
2402.2. Effect of required reports on issuance or
denial of Class I Special Permits; on attachment of
conditions and safeguards.
Where a report based on required review, analysis,
and/or technical determination indicates that granting
the special permit in accord with the application,
with or without conditions and safeguards, would be
contrary to the terms, requirements, or purposes of
Page 142 of 186
this ordinance, the zoning administrator shall deny
the application. Any application which does not comply
with all of the requirements or criteria specified in.
Section 1305.1 shall be denied.
Where such report indicates that the application is in
conformity with the terms, requirements, and purposes
of this ordinance, or that specified conditions and
safeguards, if attached, would result in such
conformity, the zoning administrator may grant the
special permit, but shall include any conditions and
safeguards specified. It is expressly provided,
however, that favorable reports from any or all of the
officials or departments to which mandatory referrals
are made shall not require issuance of a Class 1
Special Permit if the zoning administrator determines
that there remains just and adequate cause for denial
based on the failure to meet the required standards.
1401.3. Claoo I Epccial Permits; notifi ation
concerning intended decisions; time limits when
referrals Modem
Sec. 1403. Time limitations; conferences; notification of
decision.
1403.1. Notifications concerning intended decisions.
Where referrals are made, the zoning administrator
shall notify the applicant in writing of the intended
decision and the reasons within fifteen (15) calendar
days of the receipt of the application for Class I
Special Permit unless a longer period is specified by
mutual consent in writing and for good cause shown by
the applicant and the zoning administrator, but in no
event shall such notification of intended decision be
made before the reports, analyses, and/or technical
findings required by this zoning ordinance of the
referenced officers, agencies, or departments have
been received by the zoning administrator.
1403.2. 1401.4. Request by applicant for conference;
time limitation; applicant to have access to record.
Within five (5) calendar days of receipt of such
notification, under Sections 1402 and 1403 1401.2 or
1401.3 of this ordinance as the case may be, the
Page 143 of 186
applicant may request a conference between the
applicant and/or the applicant's agent and the zoning
administrator and such representatives of the
referenced officers, agencies, or departments as the
applicant desires, for the purpose of presenting
additional facts, argument, information, or data in
support of the applicant's position.
Prior to such conference, the applicant shall be given
full opportunity to examine all reports submitted on
referrals in the case, as provided at Section 1307.1
of this ordinance. Information on which decision is
based to be public and available to applicant.
1403.3. 1401.5. Zoning administrator to arrange
conference; conference to be convened; effect of
failure to appear.
Upon request for such a conference, the zoning
administrator shall be responsible for informing
representatives of those referenced officers,
agencies, or departments indicated by the applicant,
and for setting a mutually agreeable time for such
conference.
If any of the designated representatives fail to
appear, the zoning administrator shall enter such fact
in the record on the case and proceed, with any other
designated representatives present, to hear the
applicant, unless the applicant requests a
postponement.
If the applicant fails to appear, the zoning
administrator shall enter such fact in the record on
the case, and may either arrange another conference if
the zoning administrator finds adequate cause for the
absence or proceed to make his decision as though the
conference had been held.
1403.4. 1401.6. Decision of zoning administrator; time
limitations; further action on permits.
Within five (5) calendar days after such conference
or, if no conference is requested, within ten (10)
calendar days after notification of intended decision,
unless a longer period is specified by mutual consent
in writing and for good cause shown between the
Page 144 of 186
applicant and the zoning administrator, the zoning
administrator shall reach a final decision and shall
notify the applicant of such decision, with reasons,
and proceed as set forth at Section 1308 of this
ordinance, Actions following decisions on special
permits.
Secs. 1404-1419 Reserved.
Sec. 1420. Scc. 1403. Appeals.
Appeals of Class I Special Permits shall be filed pursuant
to Sec Article 18.
ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED
REQUIREMENTS
Sec. 1500. Regulations applying.
Issuance, issuance with conditions and safeguards attached,
or denial of Class II Special Permits, is governed by
regulations applying to special permits generally as set
out in Article 13 of this ordinance. Class II Special
Permits shall apply to issues related to design, character,
and compatibility of a proposed application as specified
within different Sections of this zoning ordinance and the
City Code. Where a use is permissible by Class II Special
Permit, the purpose of the Class II Special Permit shall be
for design review. The governing criteria shall include
the applicable criteria and considerations enumerated in
Section 1305.2 in addition to any other specific criteria
and/or considerations , regulation❑ applying to particular
uoco or occupancies appearing in the official ochcdulc of
district rcgulationr, regulation° applying to particular
uacs -and occupancicn that may be set out elsewhere in the
City Code, this zoning ordinance, and regulations set out
in this Article.
Sec. 1501. Informal notice and hearing.
No formal public notice and hearing are required in
connection with Class II Special Permit procedures except
as follows:
1501.1.
Notice required by applicant to adjacent
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property owners.
At the time of initial application, the applicant
shall notify in writing all abutting property owners
including those across a street or alley, in approved
City form, by certified mail, and shall submit with
the application said certified receipt(s), except in
the case of signs, where no notice is required.
In the case of adjacent condominiums, only one (1)
notice to the condominium association will be sent.
1501.2. Required courtesy notice to registered
neighborhood and/or homeowner associations.
All neighborhood and/or homeowner associations whe
that wish to receive a courtesy notice of Class II
Special Permit applications in their areas shall
register with their Neighborhood Enhancement Team
(NET) Office on a yearly bases. Such registration
shall consist of a letter to the applicable NET office
in which the association shall request such
notification and shall specify the name, address and
telephone number of the official representatives of
the association designated to receive said notice and
a list of all the officers of said association.
At the time of initial application, the applicant
shall obtain the list of all registered neighborhood
and/or homeowner associations pertaining to the
applications in question from the Department of
Community Planning and Zoning Rcvitalization and shall
notify the official representative of all such
registered associations in writing, by certified mail,
of the application; the applicant shall submit with
the application said certified receipts, except in the
case of applications for signs, in which case no
notice is required.
Sec. 1502. Referrals; time limitations.
Within seven (7) calendar days of receipt in the office of
a complete application for package for Class II Special
Permit, the Director of the Department of community
Planning and Zoning M vita ' "lion shall make referrals to
such other officers, agencies, or departments as are
Page 146 of 186
required in the case by this zoning ordinance or which are,
in the Director's judgment, necessary to proper disposition
of the application; all Class II Special Permit
applications shall be referred to the applicable
Neighborhood Enhancement Team (NET) Office. Reviews,
analyses, and/or technical findings in such cases shall be
returned to the office within fifteen (15) calendar days' of
the date of the Director's referral, except on referrals to
any City board where referrals shall be returned to the
office within seven (7) calendar days after the date of
said board meeting, unless the applicant and the Director
shall mutually consent to a longer time period specified in
writing for good cause shown.
The Director shall give full consideration to advice or
information received as a result of such referrals in
arriving at his decision.
Sec. 1503. Time limitations; conferences; notification of
decision.
1503.1. Notification concerning intended decisions;
time limitations.
The Director of the Department of community Planning
and Zoning revitalization shall notify the applicant
of the intended decision within the following time
limits, except where a longer period is specified by
mutual agreement between the applicant and the
Director, in writing and for good cause shown.
1503.1.1. Notifications concerning intended
decisions; time limits with no referrals to any
City board.
If no referrals to any City boards are involved
in connection with the application, the Director
of the Department of community Planning and
Zoning revitalization shall give written notice
of the intended decision, stating the reasons, to
the applicant within thirty (30) calendar days of
the receipt of the complete application package
in the office.
1503.1.2. Notification concerning intended
decision; time limits with referrals to any City
Page 147 of 186
board.
Where referrals to any City board are made, the
Director of the Department of community Planning
and Zoning rcvitalization shall give written
notice of the intended decision stating the
reason, to the applicant within ten (10) calendar
days after said board meeting; in cases of no
quorum, the Director may waive review by said
board.
1503.2. Request by applicant for conference; time
limitation; applicant to have access to record.
Within five (5) calendar days of receipt of such
notification, the applicant may request a conference
between the applicant and/or the applicant's agent and
the Director of the Department of Planning, building
and Zoning and such representatives of the referenced
officers, agencies, or departments as the applicant
desires, for the purpose of presenting additional
facts, arguments, information or data in support of
the applicant's position.
Prior to such conference, the applicant shall be given
full opportunity to examine all reports submitted on
referrals in the case, as provided at Section 1307.1
of this ordinance.
1503.3. Director of Department of Planning, building
and Zoning to arrange conference, secure attendance;
conference to be convened; effect of failure to
appear.
Upon request for such a conference, the Director of
the Department of Planning, building and Zoning shall
be responsible for securing attendance of
representatives of those referenced officers,
agencies, or departments indicated by the applicant,
and for setting a mutually agreeable time for such
conference.
If any of the designated representatives fail to
appear, the Director shall enter such fact in the
record of the case and proceed, with any other
designated representatives present, to hear the
Page 148 of 186
applicant, unless the applicant requests a
postponement. The Director shall note the fact for the
record and make the record otherwise required for
discussion, with the absence of the official
constituting possible basis for reaching final
decision.
If the applicant fails to appear, the Director shall
enter that fact in the record on the case, and may
either arrange another conference or proceed to make
the decision as though the conference had been held.
1503.4. Decision of Director of Department of
Planning, building and Zoning; time limitations;
further action on permits.
Within ten (10) calendar days after such conference
or, if no conference is requested, within ten (10)
calendar days after the applicant receives
notification of intended decision, the Director of the
Department of Planning-, building and Zoning shall
reach a decision, unless the applicant and the
Director shall mutually consent to a longer period
specified in writing for good cause shown, and shall
notify the applicant of such decision in writing, with
reasons, and proceed as set forth at Section 1308,
Actions following decisions on special permits.
All Class II Special Permits shall expire one (1) year
after issuance.
Sec. 1504. Time extensions.
1504.1. Upon a written request to the Director of the
Department of community Planning and Zoning
rcvitalizotion, accompanied by the appropriate fee as
specified in the Code of the City of Miami (Section 62-
61), an approved Class II Special Permit shall be
permitted no more than one (1) time extension for a
period not to exceed twelve (12) months.
Sec. 1505. Changes in original applications after final
approval.
2505.1. Requirements concerning changes in original
applications after final approval.
Page 149 of 186
Changes in an approved Class II Special Permit may be
permitted after application to the Director of the
Department of community Planning and Zoning
by the original applicant or successors
in interest. Upon receipt of such an application, the
Director of the Department of community Planning and
Zoning revitalization shall refer the application to
the zoning administrator, who shall determine whether
such changes are substantial changes, as defined in
Section 2215.1 of this ordinance.
If the proposed changes are determined to be
substantial, the changes shall be treated as a
proposed new application for Class II Special Permit.
If the proposed changes are determined to be
nonsubstantial, the Director of the Department of
community Planning and Zoning revitalization shall,
upon receipt of a fee for "nonsubstantial
modification" of a Class II Special Permit, as
specified in Section 61 of the Code of the City of
Miami (Section 62 C1), be responsible for review and
approval, or denial, or approval with conditions of
the amendments.
Sec.1506. City Commission review and approval.
When a Class II Special Permit requires City Commission
review and approval, the Planning and Zoning Director shall
follow the Class II Special Permit requirements set forth
in this ordinance and upon completion of said process shall
present the application and serve in an advisory capacity
to the City Commission.
Secs. 1506 1507-1509. Reserved.
Sec. 1510. Class II Special Permit for preservation of
natural or archaeological features.
1510.1. Intent.
The preservation of natural features of land such as
trees, vegetation, geological, and other
characteristics and the preservation of features of
Page 150 of 186
archaeological significance are declared to be in the
public interest. If the requirements set out are met,
said preservation justifies the relaxation of certain.
otherwise applicable zoning regulations by granting a
Class II Special Permit for their preservation.
1510.2. Standards.
In addition to other applicable standards required to
be met for the issuance of a Class II Special Permit,
the Director of the Department of Planning, building
and Zoning shall determine that the tree(s),
vegetation, other natural characteristic(s), or
archaeological feature(s) are in the buildable area of
the site and not in yard or setback areas required for
the development of the site before reaching decision
to grant a Class II Special Permit for the
preservation of natural or archaeological features:
1510.2.1. Limitations on types of regulations
that may be relaxed.
The requested Class II Special Permit will be
granted only for the relaxation of zoning
regulations pertaining to yards, required
offstreet parking, height envelope, light plane
or open space requirements only.
1510.3. Procedures.
A written application shall be submitted for Class II
Special Permits. In addition, the following shall also
be submitted:
1510.3.1. Demonstration of justification.
A written statement justifying the requested
relaxation of otherwise applicable zoning
regulations and providing evidence that the
natural or archaeological feature sought to be
preserved cannot be relocated.
1510.3.2. Notification of adjoining property
owners.
The applicant shall obtain from all owners of
property adjacent to or abutting the subject
Page 151 of 186
property a signed statement demonstrating that
the signer knows what the applicant is
requesting. In cases where the applicant is
unable to obtain such signed statement, the
applicant shall notify and enclose a statement
for the abutting or adjoining property owner(s)
by certified mail, return receipt requested. Such
statements or requests for same are a part of the
application for the Class II Special Permit, and
the application will not be deemed complete
without them. Adjacent or abutting property
owners may, in addition, indicate their objection
or approval of the application. Such objections.
or statements of approval shall be considered by
the Director of the Department of Planning and
Zoning in reaching decisions, but shall not be
binding upon the Director of the Department of
Planning, building and Zoning in its decision.
1510.3.3. Site plan.
A site plan indicating the existing natural or
archaeological feature(s) by exact size, location
on the site, common and botanical name (if any)
and a coded plant list (if any), and location of
all proposed improvements, including yard, and
setback lines.
Sec. 1511. Class II Special Permit required for any
development between Biscayne Bay and the first
dedicated right-of-way.
A Class II Special Permit shall be required for any
development on property located between Biscayne Bay and
the first dedicated right-of-way pursuant to any applicable
criteria, provisions and standards contained in Section
1305.2 and elsewhere in Ccction 13-05 of this ordinance
(unless a Special Exception Permit or Major Use Special
Permit ("MUSP") is issued pursuant to Article 13 of this
ordinance).
Sec. 1512. Class II Special Permit required for waiver of
design standards and guidelines.
Unless otherwise required by this zoning ordinance, as
Page 152 of 166
amended, the Code of the City of Miami, as amended, or ,Gebith Florida Building Code, as amended; all City of Miami
Design Standards and Guidelines, incorporated by reference,
may be waived by the Planning and Zoning Director pursuant
to a Class II Special Permit as specified below.
1512.1. Criteria to be considered in the granting of
waivers of Design Standards and Guidelines.
In addition to the considerations listed in Section
1305.2 and elsewhere in Section 1305 of this
ordinance, the following shall also apply to the
review of Class II Special Permits being reviewed
pursuant to this Section:
(a) Waivers of Design Standards and Guidelines may be
granted when, to do so promotes the intent of the
particular district where the proposal is located; and
help mitigate any potential adverse effect of a
specific proposal whose implementation is found to be
in compliance with the intent and findings of a
commission approved Planning study or conceptual plan
for the subject area.
(b) Waivers of Design Standards and Guidelines may be
granted when, the observance of applicable guides and
standards for which the waiver is being requested
would put the proposed project into a variance
situation which is against the public interest.
(c) Waivers of Design standards and Cuidclin
granted when, to do so will help minimize or mitigate
wont wL offcct of a specific, proposal
1512.2. Specific findings required.
Specific findings shall be made by the Department of
Community Planning and Zoning Revitalization which
establish how the above criteria are met.
Additionally, any conditions, restrictions and
limitations deemed appropriate by the Planning and
Zoning Director shall be implemented in order to
ensure compliance with the considerations set forth
above, as well as in Section 1305 of this ordinance.
Page 153 of 186
Sec. 1513. Reserved. Ccrtificatc of compliancc in licu of
a Claoo II Spccial Pcrmit.
1513.1. Intent.
effort to facilitate permitting procedure° for
proposals which fully comply with the applicable
opccial dcoign otandardo and guidclinco, created to
promote an cicvatcd quality of-dcoign and an cnhanccd
having special and oubotantial public intcrcot.
This proccdurc is intended to rcducc the timc nccdcd
to obtain- adminiotrativc approval for propooalcr
oubjcct to technical rcvicw by thc Department of
Community Planning and Revitalization.
1513.2. Rcquircmcnto.
A ccrtificatc of compliancc, in licu of a Clapp II
Cpccial Pcrmi Shall be awardcd to a proposal when thc
following conditions have bccn mct:
(a)- A ccrtificatc of compliancc in licu of Claoo II
Cpccial Pcrmit application ohall bc completed by the
applicant.
(b) Thc Zoning Divioion shall approve thc ccrtificatc
of compliancc in licu of Claoo II Cpccial Pcrmit
application and rcfcr it to thc Dcpartmcnt of
Community Planning and Revitalization-:
(c) Thc proposal ohall bc found to comply with the -
applicable opccial dcoign standard° and guidclinca,
upon rcvicw by thc Dcpartmcnt of Community Planning
and Zoning Revitalization.
1513.3. Effcct.
Upon compliancc with thc criteria liotcd in Ccction
- -.wand upon paymcnt are specified in Ccction 62
Cl of thc City Code, a ccrtificatc of compliancc °hall
bc awarded thc proposal and all Claoa II Cpccial
Perrni-tr remcnto-kr d 1 c
Page 154 of 186
Sec. 1514. Class II Special Permit required for development
on property adjacent to the Miami River.
A Class II Special Permit shall be required for any
development on property located between the Miami River and
the first dedicated right-of-way. In cases where a right-
of-way immediately abuts the Miami River, property fronting
those Sections of right-of-way abutting the Miami River
shall also require a Class II Special Permit for any
proposed development. Class II Special Permits under this
Section shall be reviewed pursuant to any applicable
criteria, provisions and standards contained in Section
1305.2 13015- of this ordinance (unless a Special Exception
Permit or Major Use Special Permit ("MUSP") is issued
pursuant to Article 13 of this ordinance).
ARTICLE 16. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS
Sec. 1600. Regulations applying.
Issuance, issuance with conditions and safeguards attached,
or denial of Special Exceptions, is governed by regulations
applying to special permits generally as set out in Article
13 of this ordinance. Special Exception permits shall
apply to issues related to uses or occupancies of a
proposed application as specified within different Sections
of this zoning ordinance and the City Code. The governing
criteria shall include the applicable criteria and
considerations enumerated in Section 1305.3 in addition to
any other specific criteria and/or considerations
appearing in the official achcdulc of diotrict rcgulationo,
rcgulationo applying to partieu ±se
that may be set out elsewhere in the City Code, this zoning
ordinance, and regulations set out in this Article.
It is the intent of this ordinance that a grant of Special
Exception is adequate and sufficient to the particular
circumstances and that no application for a variance will
be accepted which would attempt to alter the terms or
dimensions specified in this zoning ordinance for the use
governed by a grant of Special Exception; it being
understood that an application for a variance to relax
other terms limited to: height, lot coverage, dimensions of
yards, parking, other open spaces and/or loading
Page 155 of 186
requirements may be accepted.
Sec. 1601. Reserved.
Sec. 1602. Referrals; time limitation.
All applications for a Special Exception shall be referred
to the Director of the Department of Planning, building and
Zoning, and within ten (10) calendar days of receipt of the
application, the Director shall make such referrals to
other officers, agencies, or departments as are required in
the case by this zoning ordinance or which are, in the
Director's judgment, necessary to the preparation of proper
recommendations to the Zoning Board concerning disposition
of the application.
Any reviews, analyses, and/or technical findings requested
by such referrals shall be returned by the referenced
agencies to the office of the Director of the Department of
Planning, building and Zoning within ten (10) working days
of the date of the Director's referral, unless the
applicant and the Director shall mutually agree to a time
extension in writing and for good cause shown; and the
referral shall note this requirement and the length of the
extension, if any.
Sec. 1603. Responsibility for recommendations; preparation
of recommendations; time limitations.
1603.1. Responsibility of Director of Department of
Planning, building and Zoning; Zoning Board
consideration.
The Director of the Department of Planning, building
and Zoning shall prepare recommendations and submit
them to the Zoning Board on each application for
Special Exception, and the Zoning Board shall give
full consideration to his recommendations.
1603.2. Preparation of recommendations and time
limitations.
The Director of the Department of Planning, building
and Zoning shall have thirty (30) calendar days from
the date of receipt of the application for Special
Exception to prepare recommendations and to cause the
Page 156 of 186
application and accompanying recommendations to be
placed on the agenda of the Zoning Board for
consideration. Referrals to other officers, agents, or
departments shall not be cause for extending this time
limitation, unless the applicant and the Director
shall mutually agree to a time extension in writing
and for good cause shown.
1603.3. Standards.
The recommendations of the Director shall be based
upon applicable guides and standards as required
generally by this ordinance and for the activity or
situation proposed, and shall contain written reasons.
Sec. 1604. Submission of complete record to. Zoning Board;
availability for public inspection.
The Director of the Department of Planning, building and
Zoning shall submit to the Zoning Board the application,
written recommendations and reasons, and all reviews,
analyses, and/or technical findings related to the case
received during the referral process.
All such materials shall be a permanent part of the written
and public record in the case and shall be available for
inspection, copying and written answer by the applicant, if
desired, not less than ten (10) calendar days prior to the
meeting at which the matter is to be considered by the
Zoning Board. During this period and upon request, any
other person or any officer, agency, or department of
government shall have access to the record.
Sec. 1605. Changes in original applications; notices;
hearings.
1605.1. Requirements concerning changes in original
applications.
1605.1.1. Requirements concerning changes in
original applications after processing begins and
prior to a final approval.
Changes may be made in the original application
only by following the requirements of Section
Page 157 of 186
2215.
1605.1.2. Requirements concerning changes in
original applications after final approval.
Changes in an approved Special Exception may be
permitted after application to the Director of
the Department of community Planning and
revitalization Zoning by the original applicant
or successors in interest. Upon receipt of such
an application, the Director of the Department of
community Planning and rcvitalization Zoning
shall refer the application to the zoning
administrator, who shall determine whether such
changes are substantial changes, as defined in
Section 2215.1 of this ordinance.
If the proposed changes are determined to be
substantial, the changes shall be treated as a
proposed new application for Special Exception
Permit.
If the proposed changes are determined to be
nonsubstantive, the Director of the Department of
community Planning and revitalization Zoning
shall be responsible for the review and
subsequent approval, denial or approval with
conditions of the proposed modification(s), upon
submittal by the applicant of:
(1) A letter of intent clearly stating the
proposed modification(s).
(2) Plans or supporting materials clearly
showing the proposed modifications.
(3) Proof of certified notification regarding
the request for modification to adjacent property
owners.
(4) A fee for "nonsubstantive modification" of a
Special Exception Permit as specified in the Code
of the City of Miami (Section 62-61).
1605.2. Notice on Special Exceptions.
Formal public notice and hearing, as provided in
Section 62 of the Code of the City of Miami, Scction
62 55, 3 (1), (2), (3) and (1) shall be required in
connection with Special Exceptions, and a public
Page 158 of 186
hearing shall be held by the Zoning Board.
Sec. 1606. Findings; decision; time limitations; further
actions.
1606.1. Findings.
In its decision to grant an application for Special
Exception, to grant with conditions and safeguards, or
to deny the application, the Zoning Board shall give
full consideration to the recommendations of the
Director of the Department of Planning, building and
Zoning and shall make written findings that the
applicable requirements of this zoning ordinance have
or have not been met, and the Board shall act in
accordance with Section 1303 of this ordinance, Special
permits to be issued or denied in accordance with
procedures, standards, and requirements of this
ordinance.
1606.2. Time requirements; limitations on extensions.
In granting any Special Exception, the Zoning Board
shall, as a condition, specify a reasonable limitation
of time within which action under such special permit
shall be begun or completed, or both. Failure to meet
such time limitations shall result in cancellation of
the special permit unless, on application to the Zoning
Board and on due cause shown, the Board shall extend
the time limitations originally set. Application for
such extension shall be filed not less than thirty (30)
days prior to the date of the expiration. The
application for extension of time shall not require
formal public notice, or public hearing, but shall be
considered by the board only in open meeting and as
part of a previously prepared agenda. If denied, the
Board shall state written reasons for the denial.
No original limitation shall be for more than one (1)
year nor less than sixty (60) days. No extension shall
be granted for more than one (1) year, and not more
than one (1) extension may be granted for any Special
Exception.
1606.3. Time for reaching decision.
Page 159 of 186
The board shall reach a decision at the meeting where
the application for Special Exception is heard and
considered; provided, the board may delay a decision
for not to exceed thirty-two (32) calendar days when it
deems it necessary to require additional information on
which to base a decision; provided, further, time
limits set out involving action by the Zoning Board
shall not be applicable during the thirty-one (31) days
of the month of August.
Upon reaching a decision, actions shall be taken as
required by Section 1308 of this ordinance, Actions
following decisions on special permits.
1606.4. Time limitation on further applications after
denial of Special Exceptions.
When applications for Special Exceptions have been
denied, the Zoning Board shall not consider an
application for the same type of Special Exception on
all or any part of the same property within one (1)
year from date of denial.
Sec. 1607. Reserved.
£cc. 1G07. Appcalo.
Any peroon or persons, jointly or severally, or any board,
agency, or officer of thc City aggrieved by a decision of
the Zoning Board on an application for Special Exception
thc applicable lawn of Florida.
Sections 1609-1619. Reserved
Sec. 1620. Appeals.
Any person or persons, jointly or severally, or any Board,
agency, or officer of the City aggrieved by a decision of
the Zoning Board on an application for Special Exception
may seek review of such decision by the Zoning Board in the
manner set out in Article 20 of this zoning ordinance and
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the applicable laws of Florida.
ARTICLE 17. MAJOR USE SPECIAL PERMITS; DETAILED
REQUIREMENTS
Sec. 1700. Intent.
Because of their magnitude, character, or location, certain
developments or redevelopments as defined, have a
substantial effect upon the health, safety, and general
welfare of the citizens and residents of the City, it is
declared to require consideration and authorization by the
City Commission before building permits to approve
construction are issued. It is the intent of this Section
that the detailed requirements set out for Major Use
Special Permit and as may be set out for particular Major
Use Special Permits in the official schedule of district
regulations or elsewhere in this zoning ordinance be
applicable to such developments or redevelopments in
addition to, requirements and authority set out in Article
13 applying to special permits generally. It is further the
intent of this Article that the Major Use Special Permit
shall be an instrument for comprehensive consideration by
the Planning Advisory Board, including all changes which
may be necessary in the adopted comprehensive plan, and
upon the recommendation by the Zoning Board of all changes
in zoning district classifications, variances or special
permits that would otherwise be necessary to the
accomplishment of the objectives sought in the application
for Major Use Special Permit.
Sec. 1701. Definition.
A Major Use Special Permit is one which must be secured in
the manner set out in this zoning ordinance prior to
obtaining a building permit for:
(1) Any residential development involving in excess of two
hundred (200) dwelling units;
(2) Nonresidential uses involving in excess of two hundred
thousand (200,000) square feet of floor area;
(3) Hotels involving in excess of three hundred fifty
(3 5 0) rooms;
(4) Hospitals involving in excess of four hundred (400)
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beds;
(5) Cemeteries involving in excess of five thousand
(5,000) crypts;
(6) Recreational, cultural, or entertainment facilities
involving in excess of fifteen hundred (1500) offstreet
parking spaces;
(7) Any single use or combination of uses requiring or
proposing to provide in excess of five hundred (500)
offstreet parking spaces; any project, which due to a
change in tenant mix within two (2) years of completing the
construction of the building, exceeds ten (10) percent of
the above established threshold, shall be authorized by
Major Use Special Permit only.
(8) Any increased development bonus pursuant to Section
914 of this ordinance;
(9) Any Planned Development District;
(10) Any development which, by the terms of this zoning
ordinance, is required to secure Major Use Special Permit
approval; and
(11) Any individual phase of a multiphase project which in
the aggregate with other phases (not previously permitted
by a MUSP), reaches the above established thresholds taking
into account only those portions built after June 27, 1983,
shall only be authorized by Major Use Special Permit and
furthermore, every time a new phase, individually, or in
the aggregate, reaches the next established MUSP threshold,
a separate MUSP must be obtained for said phase and
previous aggregated phases not permitted by a MUSP.
Sec. 1702. Procedures.
Application for Major Use Special Permit shall be submitted
and the following procedures shall be followed and
requirements met:
1702.1. Preapplication conference.
Before submitting an application for Major Use Special
Permit, the prospective applicant shall confer with
the zoning administrator or his/her designee and the
Director of the Department of Planning-, building and
Zoning or his/her designee to obtain information and
guidance before initiating the process. No statement
made or information exchanged during such pre -
application conferences shall be binding on the City
or the applicant. The Director shall ensure that
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representatives of potentially affected City
departments or agencies are present at such
conferences and shall, if deemed necessary, extend
invitations to attend and participate in such
conferences to potentially affected agencies or
officers of Dade County, other special governmental
units in Dade County, the state or the federal
government.
Insofar as possible at the pre -application conference
or conferences that may be held, efforts shall be made
for determining: (1) any referral to other
governmental officers or agencies that may be.
necessary either before or after filing application
for Major Use Special Permit; (2) any required
comprehensive plan amendments and/or zoning changes;
(3) any special permits or variances which would
ordinarily be required for such a project; and (4) any
other matters that are deemed pertinent to the
application for Major Use Special Permit.
1702.2. Application; content.
Upon completion of the preapplication conference or
conferences, the prospective developer may file an
application for Major Use Special Permit with the
officer or agent designated by the City Manager in the
manner herein set out. In order to properly address
any impacts created by the proposed developments,
additional data may be required by the City, through
its boards, officers, agents, or the City Commission,
upon showing of need for proper decision making
purposes.
Materials to be submitted with applications for Major
Use Special Permit shall include maps, plans, surveys,
studies, and reports that may reasonably be required
to make the necessary determinations called for in the
particular case, in sufficient copies for referrals
and records. More specifically, all of the following
shall be required before the application for Major Use
Special Permit shall be considered to be filed for
processing:
1702.2.1. General report. A general report which
covers:
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(1) Property ownership or ownerships and
beneficial interest within the boundaries of the
area proposed for Major Use Special Permit;
(2) The nature of the unified interest or
control;
(3) Survey of the proposed area showing property
lines and ownership; existing features, including
streets, alleys, easements, utilities lines,
existing land use, general topography, and other
physical features;
(4) Materials to demonstrate the relationship of
the elements listed in (3) preceding to
surrounding area characteristics; and
(5) Existing zoning and adopted comprehensive
plan designations for the area on and around the
lands proposed for Major Use Special Permit;
(6) Analysis demonstrating consistency and
concurrency with the adopted comprehensive
neighborhood plan.
(7) Comprehensive listing of all applicable
subordinate permits and approvals required.
1702.2.2. Major Use Special Permit design and
development plan conccpt plan. The following
topics or items shall be required in a concept
plan as they may be related to the proposed
development:
(a) The design and development plan conccpt p3an
shall demonstrate functional internal
relationships within the area to be encompassed
and in particular the relationships of the
concept plan to surrounding existing and proposed
uses, activities, systems, and facilities
(transportation, recreation, view corridors,
pedestrian systems, service systems, and similar
uses) .
(b) As a part of the supporting data and
material for the design and development plan
conccpt plan, the applicant shall demonstrate how
the concept affects existing zoning and adopted
comprehensive plan principles and designations
and whether any changes are required in the
existing zoning and comprehensive plan. In
addition, such materials shall demonstrate any
relationships to any special permits, variances,
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or special exceptions from this zoning ordinance
or other special exemptions from City regulations
that are required in order to construct the
development for which the Major Use Special
Permit is requested. No separate application for
variances and/or special permits shall be
required so long as the applicant provides
adequate supporting data demonstrating
incorporation of any recommendations of the
zoning administrator and/or Planning Director.
However, separate application shall be made for
any required comprehensive plan amendments and
zoning changes.
(c) Any additional information to aid in
determining whether or not the proposed
development meets the requirements of this zoning
ordinance, and such information shall be provided
before further processing proceeds.
(d) Design development plans which consist of a
minimum of:
(1) Site Plan(s)
(2) Landscaping Plan(s)
(3) Floor Plan(s)
(4) Elevations
(5) Two Cross -Sections minimum, one in each
direction.
(6) Context Plan consisting of three-
dimensional rendering(s) and\or model
of the proposed project shown to scale
and within the context of the existing
neighborhood for a three block radius.
These shall include existing structure
and proposed projects within the area.
Pursuant to Section 1304.2 other supplementary
materials may be required as deemed reasonably
necessary to make the appropriate findings in the
case.
1702.2.3. Developmental impact study.
The applicant shall submit a development impact
study which shall demonstrate whether the impact
of the proposed development is favorable,
adverse, or neutral on the economy, public
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services, environment, and housing supply of the
City. However, no development impact study is
required if the development activity for which
Major Use Special Permit is sought constitutes a
"development of regional impact," as defined by
chapter 380, Florida Statutes; provided, a copy
of the submissions for approval of development as
a "development of regional impact" shall be filed
as a part of the application for Major Use
Special Permit.
1702.3. Application, referrals.
Upon receipt of a complete application for Major Use
Special Permit by the officer or agent designated by
the City Manager it shall be referred promptly to the
Director of the Department of Planning, building and
Zoning. The Director shall make any referrals required
by this zoning ordinance; by state law if the
application is also one which is a development of
regional impact under state law, and such additional
referrals to officers or agencies, both City'and non -
City, as the Director may deem necessary for proper
review and consideration of the complete application.
Furthermore, at the discretion of the Director of the
Department of Planning and Zoning, the large scale
development (LSD) committee may be convened to
consider the proposal and offer comments and
suggestions. This committee shall be composed of
officers and representatives of agencies the Director
may deem necessary. All materials received by the
Director of the Department of Planning, building and
Zoning and the large scale development committee, as a
consequence of referrals, shall be part of the public
record in the matter.
Unless the application is a development of regional
impact, or unless a longer time be mutually agreed
upon by the Director and the applicant in writing, the
Director shall request that any comments, analysis, or
recommendations must be received in the office of the
Director not more than thirty (30) calendar days from
the date of the letter to the applicant set out in the
following paragraph. Failure to respond to referrals
will not be deemed to interrupt the process.
1702.4. Application; notification of sufficiency of
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application.
Unless a longer time be mutually agreed upon by the
Director and the applicant, the Director shall, within
thirty (30) calendar days of receipt of the
application for Major Use Special Permit from the
officer or agency designated by the City Manager
notify the applicant in writing of the sufficiency of
the application and its supporting data or state to
the applicant the deficiencies of the application and
the measures necessary to correct those deficiencies.
The applicant shall respond in writing in order for
the application to continue the process.
1702.5. Application; recommendations of the Director
of Department of Planning, building and Zoning.
Upon notification of sufficiency of application, or
upon remedying by the applicant of deficiencies in the
application, the Director of the Department of
Planning, buil-ding and Zoning shall, within twenty
(20) calendar days of the date, prepare a report and
written recommendation(s) in the matter of the
application. The Director shall include any
recommendations made by referenced agencies or
officers received in a timely manner, indicating
agreement or disagreement with such recommendations
and the reasons. A copy of the Director's report and
recommendations shall be furnished to the applicant
not fewer than five (5) calendar days prior to the
meeting of the Planning Advisory Board required by
Sections 1702.6 and 1702.7 of this ordinance.
1702.6 Applications involving zoning changes, Special
Exceptions, and/or variances; process.
For applications involving zoning changes, Special
Exceptions and/or variances the Director of the
Department of Planning and Zoning shall submit his/her
recommendations first to the Zoning Board and then to
the Planning Advisory Board at properly noticed
regularly scheduled public hearings of the boards.
Upon consideration of the application, the Zoning
Board and the Planning Advisory Board may recommend
approval or denial of the application and further
concur or disagree with any or all of the
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recommendations of the Director of the Department of
Planning and Zoning, and such actions of the board
shall be included as part of the record for
transmission to the City Commission.
1702.7. Applications not involving zoning changes,
Special Exceptions and/or variances; process.
For applications not involving zoning changes, Special
Exceptions and/or variances, the Director of the
Department of Planning and Zoning shall submit his/her
recommendations to the Planning Advisory Board at
regularly scheduled public hearings of the Board.
Public notice and hearing shall be required for
Planning Advisory Board consideration of an
application for Major Use Special Permit. Upon
consideration of the application, the Planning
Advisory Board may recommend approval or denial of the
application and further concur or disagree with any or
all of the recommendations of the Director of the
Department of Planning and Zoning, and such actions of
the Board shall be included as part of the record for
transmission to the City Commission.
1702.8. Application; hearing by City Commission.
Upon transmission to the City Commission of the
recommendations of the Director of the Department of
Planning and Zoning, the Zoning Board and/or the
Planning Advisory Board, the hearing boards division
shall set a date or dates for public hearing on the
application, in the manner set out in Section 62-
55 (1) , (2) , (3) , and (4) of the Code of the City of
Miami, and any amendments. If the approval of the
application involves a change in the adopted Miami
Comprehensive Neighborhood Plan, notice shall also be
given in accord with the applicable provisions of
Sections 163.3184 and 163.3187, Florida Statutes, as
amended, and any amendments or revisions. If the
proposed development is one of regional impact under
Chapter 380, Florida Statutes, as amended, notice
shall also be given as required by Section 380.06,
Florida Statutes, as amended, and any amendments or
revisions.
Sec. 1703. Commission disposition of application; criteria;
Page 168 of 186
consideration of recommendations; findings
required.
Sec. 1703.1. Criteria.
The applicable criteria and standards enumerated in
Sections 1305.2 and 1305.3 of this zoning ordinance
shall apply to review of all Major Use Special
Permits.
Consideration shall also be given to additional
criteria that may be applicable for Major Use Special
Permit applications that consists of additional
subordinate requests, including any specific
considerations that may applied to the applications
being reviewed.
Sec. 1703.2. Consideration of application;
recommendations, findings required.
The City Commission may approve an application for
Major Use Special Permit as submitted, deny the
application as submitted, or approve the application
with attached modifications, conditions, or
safeguards, giving full consideration to the
recommendations of boards, agencies, and/or
departments.
In reaching a decision on the application as
submitted, the commission shall make a determination
as to whether:
(a) The development will be in conformity with, or
necessitate a change in, the adopted Miami
Comprehensive Plan; and
(b) The development is in accord with, or will
necessitate a change of, the district zoning
classification.
In arriving at such determinations, the City
Commission shall consider, where applicable, the
standards and criteria set forth in Section 1305 of
this ordinance, and the standards set by this
ordinance applicable to the particular actions or
changes proposed, as well as the following standards:
Page 169 of 186
(1) Whether the development will have a
favorable impact on the economy of the City
based on an economic impact analysis
provided by the applicant;
(2) Whether the development will efficiently use
public transportation facilities and
roadways based on a traffic study which,
when possible promotes use of public
transportation;
(3) Whether the development will favorably
affect the need for people to find adequate
housing reasonably accessible to their
places of employment based on a housing
impact analysis to be provided by the
applicant;
(4) Whether the development will efficiently use
necessary public facilities based on a site
utility study to be provided by the
applicant;
(5) Whether the development will have a favorable
impact on the environment and natural
resources of the City based ' on an
environmental impact analysis to be provided
by the applicant; and;
(6) Whether the development complies with the
applicable criteria set forth in Section 1305
of this ordinance. will advcrocly affect
living conditiono in thc neighborhood; and
(7) For Major Public facilities, whether the
development will adversely affect public
safety based on a public safety plan to be
provided by the applicant.
Before approving the application, the commission shall
state that, based on its determinations, the public
welfare will be served by the proposed development;
and shall clearly list its findings on the proposed
development derived from Section 1305 and (1) through
(7) above.
Whcn a complete —application fer Major Uoc Special
Permit is approved as submitted, or approved with
attached modificationo, conditiono, or oafcguards, the
action of thc commission shall specify clearly and
order any change° in thc comprchcnoivc plan; any
changco in zoning claooification or othcr City
ordinanceo or regulationo; any further implementing
Page 170 of 186
actions and if ao, their nature and requirements; and
3pccificationa ao to timing of development under the
Major Land Ucc Spccial Permit.
When the City Commission approves a Major Use Special
Permit and development order such approval shall if
necessary include separate approvals as companion
items for any necessary amendments to the Miami
Comprehensive Neighborhood Plan and zoning
classification.
Sec. 1704. Effect of City Commission approval of
application.
The Major Use Special Permit as approved, or approved with
attached modifications, conditions, or safeguards by the
City Commission (the "approved Major Use Special Permit" or
"MUSP") shall be binding upon the applicant or applicants
and any successors in interest, so long as the Major Use
Special Permit remains in effect.
Major Use Special Permits shall be issued for a period of
two (2) years, subject to renewal for subsequent two-year
periods.
Sec. 1705. Construction permits.
Permits for construction under Major Use Special Permit
shall conform to the approved application and the terms on
which it was granted. Final construction plans shall
conform with the application as granted.
Sec. 1706. Changes in approved Major Use Special Permit.
Sec. 1707-19. Reserved.
Sec. 1707 1720. Review of commission actions.
Review of actions of the City Commission in approving Major
Use Special Permits, denying Major Use Special Permits, or
approving or denying changes in previously approved Major
Page 171 of 186
Use Special Permits shall be by a court of appropriate
jurisdiction, as provided by law.
ARTICLE 19. APPLICATION FOR VARIANCE FROM TERMS OF
ORDINANCE
Sec. 1901. Variance defined; limitations.
A variance is relaxation of the terms of the ordinance
where such action will not be contrary to the public
interest by such petition demonstrating compliance with
the requirements, limitations and criteria specified below,
and where, owing to conditions peculiar to the property and
not the result of actions of the applicant, a literal
enforcement of this ordinance would result in unnecessary
and undue hardship on the property. As used in this
ordinance, a variance is authorized only for height, lot
coverage, dimensions of yards, parking, other open spaces
and/or loading requirements.
It is the intent of this zoning ordinance that a grant
of Special Exception under Article 16 of this zoning
ordinance is adequate and sufficient to the particular
circumstances authorized by such Special Exception, and
that no application for a variance (that might otherwise
have been required) will be accepted which would attempt to
alter the terms or dimensions specified in this zoning
ordinance for the use governed by a grant of Special
Exception; it being understood that an application for a
variance to relax other terms, limited to height, lot
coverage, dimensions of yards, parking, other open space
and/or loading requirements, may be accepted.
A variance is not a special permit.
1901.1. Use, and specific conditions of use, and floor
area ratio variances prohibited.
Under no circumstances shall the Zoning Board
grant a variance to permit a floor area ratio or a use
not permitted under the terms of this zoning ordinance
in the zoning district involved, or any use expressly
or by implication prohibited by the terms of this
zoning ordinance in the said zoning district, or to
relax any specific condition(s) of use referred to in
the schedule of district regulations under the
Page 172 of 186
principal uses and structures and accessory uses or
under Section 906 of this ordinance, Accessory uses.
1901.2. Nonconformities not grounds for grant of
variance.
Nonconforming use of neighboring lands,
structures, or buildings in the same zoning district,
and permitted use of lands, structures, or buildings
in any other district shall not be considered grounds
for the granting of a variance.
Sec. 1902. Zoning administrator not authorized to vary
terms of ordinance; variance authority vested in Zoning
Board.
It is the intent of this zoning ordinance that the
zoning administrator has no authority to relax the terms of
this ordinance. (See, generally, Section 2101.2 of this
ordinance.) Authority to grant variances is lodged in the
Zoning Board, subject to procedures and standards set out
in this zoning ordinance and applicable Florida law.
Sec. 1903. Requirements and procedures.
A variance from the terms of this zoning ordinance
shall not be granted by the Zoning Board unless and until
every mitigating measure to offset the impact of the
relaxed requirement has been taken and:
1903.1 Application forms; materials that may be
required.
Where applicable to the activity for which the
variance is requested and where necessary to decision
on the application for variances, the following may be
required: Statements of ownership and/or control of
the property, executed and sworn to by the owner or
owners of one hundred (100) percent of the property
described in the application, or by tenant or tenants,
with owner's written sworn -to consent or by duly
authorized agents, evidenced by a written power of
attorney, if the agent is not a member of the Florida
Bar. Only applications which the Zoning Board and City
Commission are authorized to consider and act upon
shall be accepted for filing.
Applicant shall show proof of any pending code
enforcement actions or municipal liens on the
property.
Page 173 of 186
1903.2. Written petition criteria for review.
A written petition for a variance is submitted to
the officer or agent of the City specified by the City
Manager demonstrating all of the following:
(a) Special conditions and circumstances exist
which are peculiar to the land, structure,
or building involved and which are not
applicable to other lands, structures, or
buildings in the same zoning district;
(b) The special conditions and circumstances do
not result from the actions of the
petitioner;
(c) Literal interpretation of the provisions of
this zoning ordinance deprives the applicant
of rights commonly enjoyed by other
properties in the same zoning district under
the terms of this zoning ordinance and works
unnecessary and undue hardship 'on the
petitioner;
(d) Granting the variance requested conveys the
same treatment to the individual owner as to
the owner of other lands, buildings, or
structures in the same zoning district;
(e) The variance, if granted, is the minimum
variance that makes possible the reasonable
use of the land, building, or structure; and
(f) The grant of the variance is in harmony with
the general intent and purpose of this
zoning ordinance, and is not injurious to
the neighborhood, or otherwise detrimental
to the public welfare by demonstration of
compliance with the following additional
criteria related to impact, character and
design:—
1. The variance, if granted, would
result in a project that is consistent
with the applicable criteria as set
forth in Sections 1305.2 and 1305.3 of
this zoning ordinance, as such design
relates to the particular location for
which the variance is being sought.
Page 174 of 186
Sec.1903.3. Support materials.
Documents, reports, studies, exhibits, or other
written or graphic materials, if any, to be used by
petitioner in support of the petition and in
demonstration of any or all of the above requirements
shall be submitted with the petition.
1903.4. 1903.3. Changes in original applications;
notice of public hearing.
Changes may be made in the original application
only by following the requirements of Section 2215.
Notice of public hearing shall be given as set out in
Scction G2 c5 (1) through (1) of the Miami City Code.
1903.5. 1903 4. Public hearing.
A public hearing shall be held by the Zoning
Board.
1903.6. 1903.5. Findings required.
The Zoning Board shall make findings that all of
the criteria requirements and standards of Section
1903.2 of this ordinance have been demonstrated by the
petitioner for variance.
Sec. 1904. Conditions and safeguards.
1904.1. Board may prescribe conditions and safeguards.
In granting any variance, the Zoning Board may
prescribe appropriate mitigating conditions and
safeguards in conformity with this zoning ordinance.
Violation of such conditions and safeguards, when made
a part of the terms under which the variance is
granted, shall be deemed a violation of this zoning
ordinance and grounds for revocation of the variance.
See Section 2109, penalties.
1904.2. Time limitations.
In granting a variance, the Zoning Board shall as
a condition or safeguard specify a reasonable
limitation of time within which application for
building permit shall be made. In addition, the Zoning
Board may prescribe a reasonable limitation of time
within which construction shall be commenced or
completed, or both. Failure to meet such time
limitations shall result in the cancellation of the
permit for variance unless, on application to the
Page 175 of 186
Zoning Board and on due cause shown, the board shall
extend the time limitations originally set. Such
application shall be filed not less than thirty (30)
days prior to the date of permit expiration with the
officer or agent of the City specified by the City
Manager. The application for extension of time shall
not require formal public notice, or public hearing,
but the same shall be considered by the Zoning Board
in open meeting and as a part of a previously prepared
agenda. If the application for extension of time be
denied by the Zoning Board, it shall state in writing
its reasons for the action of denial. No original time
limitation shall be for more than one (1) year nor for
less than sixty (60) days; and no extension of time
limitation shall be granted for more than one (1)
year. No more than one (1) extension of time may be
granted for a specific variance.
Sec. 1905. Time limitations on refiling of petitions for
variance denied.
Whenever action has been taken on a petition for
variance on any property, the Zoning Board shall not
consider a petition for the same type of variance on all or
any part of the same property for a period of one (1) year
from the date of last decision.
Sec. 190G. Rcvicw of decisions of Zoning Board -on
Rcvicw of decisions -of the Z
ahall be as oe eu --in r i-eke-20 of-t its oni :g .ra�..�_ e.
Sec. 1906-1919. Reserved.
Sec. 1920. Review of decisions of Zoning Board on
variances.
Review of decisions of the Zoning Board on variances
shall be as set out in Article 20 of this zoning ordinance.
Page 176 of 186
*
ARTICLE 22. AMENDMENTS
* *
*
Sec. 2215. Requirements concerning changes in original
applications after processing begins.
The following limitations and requirements apply where
changes are made in original applications for amendment
after processing begins:
2215.1. Substantial changes defined; changes prior to
notice of public hearing.
Substantial changes affect the essential part of
the application, not just the form of the application,
as determined by the zoning administrator and the
Planning and Zoning Director. Such determinations
shall be made upon a request to review proposed
modifications to applications for variances, Special
Exceptions, Major Use Special Permits or zoning atlas
amendments by persons defined in Section 2202.1(e),
using the following criteria:
(a) The requested change exceeds the zoning
regulations;
(b) The footprint of the building is proposed to
be moved by more than ten (10) feet in any
horizontal direction;
(c) The height of the building or any portion is
proposed to be increased by more than five
(5) feet or five (5) percent of the height
of the building, whichever is greater, in a
vertical direction; or
(d) Any other changc which, in thc cvaluation of
thc zoning administrator, hao not bccn part
of thc prior application, hao not been
reviewed and cvaluatcd by thc staff, and harp
a scriouo effect on thc project proposed by
thc application.
(d) The zoning administrator shall refer the
proposed change to the Director of the
Planning and Zoning Department in order to
apply the applicable criteria as set forth
in Section 1305, where at such time the
Page 177 of 186
Planning and zoning Director shall determine
if the proposed changes result in
substantially the same project and are still
in compliance with the findings in the
original application.
Once the criteria set forth in (a) through (d) above
have been applied, the Planning and Zoning Director
shall make a written determination as to weather the
proposed modifications are substantial or non -
substantial. Based on this determination, the
application will be processed accordingly.
By mutual agreement between the Director of the
Department of Planning and Zoning and other affected
parties, substantial changes in original applications
may be made prior to publication of notice of hearing;
provided that, where such changes require major
alteration of the Department of Planning and Zoning
reviews and recommendations already prepared and based
on the original application, a second application fee
shall be required.
2215.2. Changes subsequent to notice of hearing; prior
to hearing, or at hearing.
After notice
Planning Advisory
Commission, as the
change shall be made in the original application for
zoning amendment which would have the effect of
creating substantial differences between the matter
advertised and the matter upon which hearing is
actually held.
2215.3. Changes during Planning Advisory Board, Zoning
Board, or City Commission consideration.
Upon completion of the public hearing by the
Planning Advisory Board, Zoning Board, or City
Commission, as the case may be, no proposed amendment
shall be recommended or adopted, as the case may be,
which is substantially at variance with the proposal
upon which the public hearing was held.
2215.4. Procedure where substantial changes are
proposed.
of public hearing before the
Board, Zoning Board, or City
case may be, has been given, no
Where substantial changes are proposed:
Page 178 of 186
(a) Subsequent to the notice of public hearing,
prior to public hearing, or at the public
hearing; or
(b) After the public hearing, but before
recommendation or adoption, as the case may
be, has been made;
such proposed changes are to be treated as a proposed
new amendment and subject to the applicable procedures
and standards of this Article as for proposed new
amendments or, in the case of developments of regional
impact or Major Use Special Permits, subject to the
procedures set forth in Article 17.
*
*
ARTICLE 25. DEFINITIONS
* * * *
Sec. 2502. Specific definitions.
Archery range. Recreation facility devoted to the practice
of shooting with a bow and arrow.
Architectural features. Prominent or significant parts or
elements of a building or structure.
Architectural style. The characteristic form and detail of
buildings from a particular historical period or school of
architecture.
* * * *
Broadcast studios. A building used for licensed
transmissions of radio or television programming.
Buffer. An area of land, including landscaping, berms,
walls, fences, and building setbacks, which is located
between land uses of different characters and is intended
to mitigate negative impacts of the one intense use on a
residential or vacant parcel.
* * * *
Bulletin board. An outdoor display device accessory to and
on the premises of places of worship, schools, or other
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institutions, auditoriums and the like for providing public
notice identifying the premises and indicating nature and
hours of events, names of principal officers, and the like.
As employed in relation to these and other principal uses,
the term is also intended to include outdoor display
devices serving as Directories and giving guidance as to
the location of persons or uses on the premises.
Bulk. The size of buildings or structures, and their
relationship to each other and to open areas and lot lines,
and includes: (1) the size of a building or structure; (2)
the area of the lot upon which a building or structure is
located, and the number of dwelling units within such a
building or structure in relation to the area of the lot;
(3) the shape of a building or structure; (4) the location
of exterior walls of a building or structure in relation to
lot lines, to other walls of the same building or
structure, to legally required windows, or to other
buildings or structures; and (5) all open areas relating to
a building or structure and their relationship.
Change of occupancy or change of use. The terms "change of
occupancy" or "change of use" shall mean a discontinuance
of an existing use and the substitution of a use of a
different kind or class. Change of occupancy or change of
use is not intended to include a change of tenants or
proprietors unless accompanied by a change in the type of
use.
Character. Special physical characteristics of a structure
or area that set is apart from its surrounding and
contribute to its individuality.
* * * *
Community theater. An enclosed space suitable for a variety
of cultural arts performances, permanently available, and
managed and promoted on a nonprofit basis; principal use of
the space shall be for public performing arts
presentations, although incidental use for private
meetings, exhibits and presentations shall be permitted.
Compatibility. (1) Having harmony in design and/or
appearance between two or more attributes of the structure;
(2) Having harmony in design and/or appearance between two
or more structures; (3) Having harmony in design and/or
appearance between two or more attributes of a
neighborhood; or (4) Having harmony in use or function
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between two or more attributes of a neighborhood or area.
* * *
Container yards. Facilities for the outdoor storage,
stacking and processing of containers intended for
shipment.
Context. The characteristics of the buildings,
streetscape, and landscape that supports or surround a
given building, site, or area. (predominance of:
architectural period, building materials, architectural
features, landscaping patterns, and the like).
* * * *
Fabrication of custom-made jewelry. See Handmade products.
Facade. Any exterior face(s) or wall(s) of a building,
usually the front, distinguished from other faces by
architectural embellishments.
Employment office. An office, other than a hiring hall as
defined, offering individual job recruitment by
specification of job qualifications and conduct individual
interviews by placement specialists onsite to meet those
job specifications.
Entertainment facilities. An establishment with or without
food service that provides diversionary entertainment to
the public by way of video and skill games similar to an
indoor amusement center. For the purpose of this zoning
ordinance this definition does not include pool halls,
billiard parlors, major sports facilities and movie
theaters.
* * * *
Miscellaneous antennas. See Antennas, miscellaneous.
Mitigation. Measures taken to eliminate or minimize
damages from development activity.
* * * *
Multifamily use; multiple -family use. For purposes of
determining whether a lot is in multifamily or multiple -
family use, the following considerations shall apply:
(1) Multifamily uses may involve dwelling units intended
to be rented and maintained under central ownership or
management, or cooperative apartments and condominiums.
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2) Where an undivided lot contains more than one (1)
building, and the buildings are not so located that lots
conforming to requirements for one- or two-family dwellings
in the district could be provided, the lot shall be
considered to be in multifamily use if it contains three
(3) or more dwelling units, even though individual
buildings involved may each contain less than three (3)
dwelling units. An exception to this would be the addition
of one (1) unit to a duplex -zoned lot in instances where
lot size is sufficient to allow such addition.
(3) Any multifamily dwelling in which dwelling units are
available for rental or lease for periods of less than one
(1) week shall be considered a tourist home, motel, or
hotel, depending on the number of dwelling and/or lodging
units available for periods of less than one (1) week;
provided, however, that temporary living quarters for
guests of regular tenants may be provided in any
multifamily dwelling, with the number of such units limited
to ten (10) percent of the number of dwelling units, and
subject to other requirements of the district as to lot
area per unit, offstreet parking, and the like.
Natural features. Physical characteristics of the subject
property that are not man made.
*
*
Pawnshop. Establishments which provide loans upon delivery
of personal goods or other chattel as security and sell
those same items as a secondhand retail service.
Pedestrian Orientation. The characteristics of an area
where the location and access to buildings, types of uses
permitted on the street level, and storefront design are
based on the needs of persons on foot.
* * *
Phased project. A phased project is one which, due to its
magnitude, has to be developed in stages. Such project
shall contain a minimum of three (3) acres of land. Any
project which meets such requisite shall establish the
maximum development capacity for the subject property. At
the time of the qualification by the Director of the
Planning, building and Zoning Department, as required
below, such projects shall be owned by a single entity or
subsidiaries of one (1) entity and may occupy contiguous
lands, separated only by streets or alleys, and will be
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considered as one (1) project for the purpose of
calculating all zoning requirements. Individual phases of
such projects which reach the MUSP thresholds as
established in Article 17, shall also comply with all the
conditions contained in Section 1701(11).
A phased project must be qualified by the Director of the
Planning, building and Zoning Department, at the written
request of the property owner(s). The recipient of this
qualification shall be responsible for the distribution of
development rights within the boundaries of the subject
property, subject to the limitations of this Zoning
Ordinance.
*
Sail making. The making of nautical sails.
Scale. The spatial relationship among structures along a
street or block front, including height, bulk and yard
relationships. Proportional relationship of the size of
parts to one another and to the human figure.
* * * *
Schools, vocational. A secondary or higher educational
facility, recognized and licensed by the state, primarily
teaching usable skills that prepare students for jobs in a
trade.
Screening. Visually shielding or obscuring one abutting
nearby structure or use from another by fencing, walls,
berms, or densely planted vegetation.
* * * *
Stall/ber.th. The space within which vehicles are placed
during actual loading or unloading operations.
Streetscape. The visual character of a street as
determined by elements such as structures, access,
greenery, open space, views, and similar features. The
scene as may be observed along a public street composed of
natural and man-made components, including buildings,
paving, planting, street furniture, and miscellaneous
structures and features.
* * *
Unity of title. A written agreement executed by and between
a property owner and the City of Miami, Florida, whereby
the property owner for a specified consideration by the
City agrees that the lots and or parcels of land
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constituting the building site shall not be conveyed,
mortgaged and or leased separate and apart from each other
and that they shall be held together as one (1) tract. Such
unity of title shall be recorded in the Public Records of
Dade County, Florida and shall run with the land and shall
be binding upon the property owner(s), their successors and
assigns.
Urban design. The attempt to give form, in terms of both
beauty and function, to urban areas. Urban design is
concerned with the location, mass, and design of various
urban components and combines elements of urban Planning,
architecture, and landscape architecture.
Urban form. The spatial arrangement of a particular
environment, as defined by the connectivity of built mass
and form, the natural environment, and the movement of
persons, goods and information within.
* * * *
Visibility, material impediment to. Any material
obstruction to visibility which would result in concealment
of a child over two and one-half (21/2) feet in height
approaching an intersection, or would conceal an
approaching automotive vehicle or cyclist from such a
child. In determinations as to whether or not there is
material impediment to visibility, the speed, direction,
and duration of movement to point of potential collision or
contact shall be considered.
Visual impact. A modification or change that could be
incompatible with the scale, form, texture, or color of the
existing natural or man-made landscape.
* *„
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any Section, part of Section,
paragraph, clause, phrase or word of this Ordinance is
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declared invalid, the remaining provisions of this
Ordinance shall not be affected.
Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption.-2/
2/
This Ordinance shall become effective as specified 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, whichever is later.
Page 185 of 186
PASSED ON FIRST READING BY TITLE ONLY this
of November , 2003.
25th day
PASSED AND ADOPTED ON SECOND AND FINAL READING' BY
TITLE ONLY this day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:4Kw
ALEJANDRO VILARELLO
CITY ATTORNEY
W1554:GKW:et
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