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November 8, 2005
Octavio Robles
3109 Grand Avenue, #342
Miami, FL 33133
Re: NCD-3 legislation
Dear Mr. Robles:
Pursuant to your letter received October 1, 2005 requesting verification for the above, please be advised
of the following.
The NCD-3 (Coconut Grove Neighborhood Conservation Overlay District) was signed and attested by the
City Clerks office on April 5, 2005. The effective date is May 5, 2005 complying within six (6) months
of the effective date.
Pursuant to Article 21, Section 2105.4.1 it states the following:
"Any property owner or lawful representative thereof, who, prior to the effective date of any legislation
repealing or modifying regulations which allow the requested activity, has properly filed a complete
application for a development permit(s) with the appropriate city department, is hereby authorized to
proceed with such application(s) regardless of the subsequent repeal of regulations relevant to such
requested activity, unless the contrary is specifically decreed. In no case shall an application be accepted
subsequent to the effective date of an ordinance which precludes the approval or action applied for.
Applicants for said development permits shall be allowed to make changes in their application(s) only
when so required by the city as a result of its review of the application(s). The necessary building
pelf it(s) or certificate(s) of use, whichever is first required, when reviewed under expired regulations,
shall be obtained a) within one hundred eighty (180) days of the effective date of the expired regulations;
a) within one hundred eighty (180) days of the effective date of the expired regulations; b) within one
hundred eighty (180) days from the date of special permit approval by the appropriate department, or final
public hearing approval as the case may be. In the event an appeal is taken to the courts, said building
permit(s) or certificate(s) shall be obtained within one hundred eighty (180) days from the date the final
court decision is rendered, whichever provides the longer period of time."
Since a complete application has been submitted to the City of Miami prior to the effective date of May 5,
2005, the answer to your question is in the affirmative as long as you abide by the 180 days provision of
obtaining a pei mit.
For your reference, I am enclosing a copy of the said regulations. If further zoning infoiiiiation is
required on this matter, please contact our zoning information counter at (305) 416-1499.
r
vary truly: you `s, ;'
rlando Tolefdo,/
Zoning Admini trator
DEPARTMENT OF ZONING
444 S.W. 2nd Avenue, 4='Floor. ,Mami, FL 33130 (305) 416-1499 Teleco1ier (305) 416-1490
Mad 8 g Address: P.O. Box 330708 Miami, Florida 33233--0706
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALT... Page 1 of 1
2105.4. Status of applications for development permits or certificates of occupancy under
Ordinance No, 11000 when Ordinance No. 11000 has been amended.
2105.4.1. Applications and Permits. Any property owner or lawful representative, who,
prior to the effective date of any legislation repealing or modifying regulations which
allow the requested activity, has properly filed a complete application for a development
permit(s) with the appropriate City department, is authorized to proceed with such
application(s) regardless of the subsequent repeal of regulations relevant to such
requested activity, unless the contrary is specifically decreed. In no case shall an
application be accepted subsequent to the effective date of an ordinance which
precludes the approval or action applied for. Applicants for said development permits
shall be allowed to make changes in their application(s) only when so required by the
City as a result of its review of the application(s). The necessary building permit(s) or
certificate(s) of use, whichever is first required, when reviewed under expired
regulations, shall be obtained:
a) Within one hundred eighty (180) days of the effective date of the expired
regulations;
httn://librarytestmunicode.com/mce/DoeView/11251/1/3/25?hilite=2105 4 1;; 11/8/2005