HomeMy WebLinkAboutO-12614City of Miami
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Ordinance: 12614
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00740 Final Action Date: 11/18/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE VI/SECTION 62-159 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING AND
PLANNING FEES/WAIVER OF FEES," TO ALLOW FOR WAIVER OF VARIANCE
FEES IN INSTANCES WHEN A VARIANCE IS SOUGHT BY AN OWNER AT THE
WRITTEN REQUEST OF THE CITY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VI of Chapter 62 of Code of the City of Miami, Florida, as amended
("City Code"), currently allows for the waiver of fees outlined therein by the Director of the Department
of Planning and Zoning for entities and agencies of the City of Miami ("City"); and
WHEREAS, from time to time instances may arise when the City may request, from a property
owner, the dedication of a portion of the owner's property for right-of-way purposes; and
WHEREAS, in such instances where the City's request requires the adjustment of a structure
previously approved pursuant to a special permit and triggers the need for the subject property owner
to secure a variance, the City wishes to provide the property owner relief in light of the public benefit
garnered as a result of the dedication;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62/Article VI/Section 62-159 of the City Code, entitled "Zoning and
Planning/Zoning & Planning Fees/Waiver of Fees," is amended in the following particulars: {1}
"CHAPTER 62
ZONING & PLANNING
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-159. Waiver of fees.
(a.)The fees required under this chapter may be waived by the director of planning
City of Miami
Page 1 of 2 File Id: 04-00740 (Version: 1) Printed On: 10/14/2016
File Number: 04-00740 Enactment Number: 12614
for entities and agencies of the City of Miami-i
(b.)The director of planning and zoning may waive the variance fee(s) set forth in
Sec. 62-156 in instances where a variance is sought by the owner at the written
request of the City to allow for the dedication of a portion of the subject property for
right-of-way purposes and where said request requires the adjustment of a structure
previously approved pursuant to a special permit.
*11
Section 3. All of Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of a 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 have a retroactive effective date of January 1, 2004, after final
reading and adoption thereof.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 04-00740 (Version: 1) Printed On: 10/14/2016