HomeMy WebLinkAboutO-12677City of Miami
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Ordinance: 12677
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00144 Final Action Date: 4/28/2005
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
City of Miami
Page 1 of 2 File Id: 05-00144 (Version: 1) Printed On: 11/8/2016
File Number: 05-00144 Enactment Number: 12677
and hearing 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 commission has not acted after two (2) regular meetings of the commission have been held
following receipt of application for change, the recommendations of the director of planning, building
and zoning 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.
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.
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.
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