HomeMy WebLinkAboutO-12775City of Miami
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Ordinance: 12775
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01508 Final Action Date: 2/23/2006
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 IS 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
City of Miami
Page 1 of 2 File Id: 05-01508 (Version: 1) Printed On: 1/13/2017
File Number: 05-01508 Enactment Number: 12775
Ordinance, 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}
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: 05-01508 (Version: 1) Printed On: 1/13/2017