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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fk.us File Number: 05-01508 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 12, SECTION 1201, DUTIES OF CITY COMMISSION, IN ORDER TO CLARIFY THAT CITY COMMISSION REVIEW OF ZONING BOARD DECISIONS 1S BY HEARING DE NOVO; FURTHER AMENDING ARTICLE 20, STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY CITY COMMISSION; COMMISSION POWERS, ETC., TO PROVIDE GUIDELINES FOR A HEARING DE NOVO BEFORE THE CITY COMMISSION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 7, 2005, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 118-05 by a vote of seven to zero (7-0), recommending APPROVAL of amending Zoning Ordinance No. 11000, as amended, 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 amended, 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 12. FUNCTIONS AND RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS IN RELATION TO ZONING GENERALLY * Sec. 1201 Duties of city commission. Under this zoning ordinance, the city commission shall have only --the following duties, including, without limitation: * (4) Reviewing and considering , in accordance with the applicable provisions of this Zoning Ordinance, City of Miami Page 1 of 3 Printed On: 1/9/2006 File Number: Q5-01508 upon request, by hearing de novo, decisions of the zoning board when it serves in a review capacity with respect to decisions of either the zoning administrator or the directors of planning, building and zoning ; and (5) Reviewing, and considering in accordance with the applicable provisions of this Zoning Ordinance; upon request, by hearing de novo, decisions of the zoning board on variances and Special Exceptions. ARTICLE 20. STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY CITY COMMISSION; COMMISSION POWERS; EXHAUSTION OF ADMINISTRATIVE REMEDIES AND JUDICIAL REVIEW * * Sec. 2004. City commission powers on review; hearing de novo. The city commission shall conduct a hearing de novo, as a body of original jurisdiction, upon any appeal and/or review from an appealable decision under the terms of this zoning ordinance, as amended. New evidence or materials may be received by the city commission where such evidence or materials are pertinent to a determination of the appeal. The city commission may hear the testimony of witnesses and/or any other evidence offered by any person aggrieved or by any officer, board or agency of the City affected thereby or by any interested party having an interest in the appeal under Florida law and may, in conformity with this ordinance and other applicable laws, rules and regulations, render its decision . The city commission on review shall have full power to affirm, reverse, modify, in whole or in part, with or without conditions, the action of the zoning board or other appealable decision pursuant to this zoning ordinance. 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: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: City of Miami Page 2 of 3 Printed On: 1/4/2006 File Number: 05-01508 {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 3 of 3 Printed ©n:1/4/2006