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Ordinance
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File Number: 04-00462 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLES 9 AND 25, MORE SPECIFICALLY SECTION
915.2 AVIATION HAZARDS; AND SECTION 2502 SPECIFIC DEFINITIONS, IN
ORDER TO MODIFY THE PROVISIONS FOR SPECIAL PERMITS FOR AVIATION
HAZARDS AND THE DEFINITION OF "LODGING UNIT"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of April 21, 2004, Item No. 7,
following an advertised hearing, adopted Resolution No. PAB 48-04 by a vote of 9-0,
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is amended by amending the text of said Ordinance as follows: {1}
"Article 9. General and Supplementary Regulations
91 5.2. Aviation hazards.
In addition, when the zoning administrator shall find, in relation to a particular
application, that there is reasonable doubt concerning aviation hazards with regard to a
proposed use or structure, a
letter authorizing clearance from appropriate
authorities shall be required prior to the issuance of any building permits for the proposed
structure or certificates of use for the proposed use.
Exceptions approving construction of an educational facility within the delineated Miami
International Airport (MIA) clear area shall only be granted by Special Exception Permit. As part
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File Number: 04-00462
of this review process the Planning and Zoning Director shall make specific findings detailing
how the public policy reasons for allowing the construction outweigh health and. safety
concerns prohibiting such a location subject to approval by the school board and/or any other
appropriate authorities.
ARTICLE 25. DEFINITIONS
*
Section 2502. Specific Definitions
*
*
*
Lodging unit. Attached or semidetached living quarters comprised of furnished room(s) of
approximately two hundred (200) gross square feet or Less more in area, including sanitary facilities
but with only limited kitchen facilities, if any; not qualifying as a dwelling unit or efficiency apartment;
occupied by transients on a rental or lease basis for limited periods of time.
*
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this. Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. 'This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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