HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00363zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND
NONCONFORMITIES", ADDING A PROCESS FOR APPEALS TO THE CITY
COMMISSION FOR WAIVER PERMITS, CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; and
WHEREAS, on January 28, 2010, the City Commission extended the implementation date to
May 20, 2010, Ordinance No. 13138; and
WHEREAS, the Miami 21 Code establishes procedures for waiver applications; and
WHEREAS, an appeal to the City Commission process is being established for Waiver
applications; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.3,
following an advertised public hearing, adopted Resolution No. PAB-10-011 by a vote of eight to zero
(8-0), recommending APPROVAL of an amendment to Ordinance No. 13114, as amended; 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 citizens to amend its Zoning
Ordinance 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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications in the following particulars: {1}
"ARTICLE VII Procedures and Nonconformities
7.1.1.5 City Commission
City of Miami Page 1 of 3 File Id: 10-00363zt (Version: 3) Printed On: 5/2/2011
File Number: 10-00363zt
e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of a
zoning interpretation, planning determination, Waiver, Warrant, Variance or Exception.
7.1.2.5 Waiver
*
* * *
e. Appeal to the Planning, Zoning and Appeals Board
Appeals of the determination of the Zoning Administrator shall be de novo and taken to the
Planning, Zoning and Appeals Board within fifteen (15) calendar days of the posting of decision on the
City's website. The appeal shall be filed with the Hearing Boards Office.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City
Commission, de novo, and must be filed with the Office of Hearing Boards within fifteen (15) calendar
days of the Board's issuance of its ruling. The filing of the appeal shall state the specific reasons fur
such appeal, together with payment of any required fee.
7.1.5 Appeals
* * *
* * *
e. Fifteen (15) days from the decision of the Planning, Zoning, and Appeals Board on a zoning
interpretation appeal, planning determination appeal, Waiver appeal, or Warrant appeal: to the City
Commission.
Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may
be renumbered or reentered and that the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 10-00363zt (Version: 3) Printed On: 5/2/2011
File Number: 10-00363zt
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 3 of 3 File Id: 10-00363zi (Version: 3) Printed On: 5/2/2011