HomeMy WebLinkAboutO-12852City of Miami
Legislation
Ordinance: 12852
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01209zt1 Final Action Date: 9/28/2006
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE III/ SECTION 62-63 ENTITLED "ZONING AND PLANNING/PLANNING
ADVISORY BOARD/PROCEEDINGS," TO CHANGE THE VOTING REQUIREMENT
FOR PLANNING ADVISORY BOARD RECOMMENDATIONS FOR APPROVAL OF
COMPREHENSIVE PLAN ADOPTION, AMENDMENT, MAJOR USE SPECIAL
PERMITS OR OTHER MATTERS LISTED IN SAID SECTION, FROM FIVE
MEMBERS TO A MAJORITY OF THE MEMBERS PRESENT; CONTAINING A
REPEALER PROVISION, PROVIDING FOR A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board ("PAB") who serves as the local planning agency for the
City of Miami ("City") and makes recommendations to the City Commission for various planning
functions; and
WHEREAS, its duties currently require a concurring vote of at least five members to recommend
comprehensive plan amendments and certain other matters to the City Commission; and
WHEREAS, the City Commission decides to adopt or not adopt these same items by a majority
vote of its members and the PAB should not have a more stringent or different voting requirement
than the City Commission whom they advise on such matters;
NOW ,THEREFORE, BE IT ORDAINED BY THE CITY 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 IV, Section 62-63 of the Code of the City of Miami, Florida, is
amended in the following particulars:{1}
"Chapter 62
ZONING AND PLANNING
ARTICLE III. PLANNING ADVISORY BOARD
City of Miami
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Sec. 62-63. Proceedings.
(a) Officers and voting. The planning advisory board shall select a chairman and vice-chairman from
among its members and may create and fill such other offices as it may determine. All members, or
an alternate member sitting in the place of a member, shall be required to vote on matters before the
planning advisory board, subject to the provisions of subsections (e) and (f) of this section and
applicable Florida Statutes. The director of the planning, building and zoning department shall be the
executive secretary of the planning advisory board.
(b) Rules and procedure. The planning advisory board shall establish rules of procedure necessary
to its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law,
the city Charter, ordinances and resolutions. Such rules of procedure shall be available in written form
to persons appearing before the planning advisory board and to the public upon request.
(c) Meetings. The planning advisory board shall hold at least two regularly scheduled meetings
each month, except the month of August, on days to be determined by the board. Other regularly
scheduled meetings may be set by the board, and additional meetings may be held at the call of the
chairman and at such other times as the planning advisory board may determine. Meetings that are
not regularly scheduled shall not be held without at least ten days' written notice to each member and
alternate member, provided that upon concurrence of the chairman of the planning advisory board
and the city manager, an emergency meeting may be called at any time. The planning advisory board
shall have the power to take testimony under oath.
(d) Quorum; public records. The planning advisory board shall keep minutes of its proceedings,
showing the vote of each member or alternate member, if sitting for a member, or if absent or failing
to vote under subsections (e) and (f) below, indicating such fact. It shall be the responsibility of the
director of the department of administration for planning advisory and zoning boards to handle all
procedural activities for all public hearings required to be held by the planning advisory board,
including the preparation of detailed minutes and official records of such hearings. The official records
of such public hearings shall be filed with the city clerk. It shall be the responsibility of the executive
secretary of the planning advisory board to maintain records of other public meetings of the board.
Records of such meetings shall be maintained in the office of the planning, building and zoning
department. A quorum for the transaction of business shall consist of five members; any but no
action to recommend adoption or amendment of comprehensive plans or portions thereof, to
recommend the amendment of the zoning ordinance as set out in article 22 of the zoning ordinance,
or to recommend approval of a major use special permit ("MUSP"), or a site and development plan
shall be taken without the approval by majority concurring votes of the members of the board present
*I1
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 immediately upon its adoption and signature of
the Mayor.{2}
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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.
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