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File Number: 05-00144 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 ARTICLE 17, MAJOR USE SPECIAL PERMITS, MORE
PARTICULARLY SECTION 1706; IN ORDER TO MODIFY PROVISIONS RELATED
TO MODIFICATIONS OF MAJOR USE SPECIAL PERMITS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of February 2, 2005, Item No. 5,
following an advertised hearing, adopted Resolution No. PAB 14-05 by a vote of five to zero (5-0),
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 hereby
adopted by reference thereto and incorporated herein 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 hereby amended by amending the text of said Ordinance as follows: {1}
"ARTICLE 17. MAJOR USE SPECIAL PERMITS
Sec. 1706. Changes in approved Major Use Special Permit.
Changes in a MUSP may be permitted after application to the director of the department of planning,
building and zoning by the original applicant or successors in interest. Upon receipt of such an
application for change, the director of the department of planning, building and zoning shall, in the
case of developments of regional impact pursuant to chapter 380.06, Florida Statutes, as amended,
prepare a statement demonstrating whether or not the proposed changes should be considered to be
substantial deviations, as set forth in the Florida Statutes and follow the procedures as defined in
Chapter 380.06, Florida Statutes, as amended, provided that the determination of substantial deviation
requires the recommendations of the director of the department of planning, building and zoning and
the planning advisory board and approval of the city commission, following public notice and hearing
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File Number: 05-00144
as required by the Florida Statutes.
In the case the proposed change to a Major Use Special Permit is not a DRI, the director of the
department of planning, building and 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. Pursuant to this section, if the zoning administrator determines that the proposed changes
are substantial, the director of the department of planning, building and zoning shall prepare a
statement demonstrating whether or not such changes would meet the same requirements as for the
original approval. The director shall transmit such statement, together with recommendations on the
proposed changes, to the planning advisory board. Such a statement on substantial changes, as
defined, shall require formal public notice and hearing before the planning advisory board. An officer or
agent designated by the city manager shall notify the applicant, by registered mail posted not less than
ten (10) calendar days prior to the hearing of the planning advisory board at which the application for
substantial change is to be considered, of the date, time and place of the hearing, and indicating
further where the applicant may inspect, and copy if desired, the recommendations of the director of
the department of planning, building and zoning. The officer or agent shall similarly notify by regular
mail, posted on the same date as the registered communication to the applicant, any other person and
persons who have signified in writing their interest in the matter.
Upon the transmittal of recommendations of the planning advisory board to the city commission, the
commission may take such action as is appropriate in the matter pursuant to the same criteria set forth
in Articles 13 and 17 of this zoning ordinance as per a new Major Use Special Permit; provided, if the
shall be deemed to have been approved.
If the zoning administrator determines that the proposed changes are nonsubstantial, the planning,
building and zoning director shall be responsible for review and approval or denial, or approval with
conditions of the amendments.
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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.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
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{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.
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