HomeMy WebLinkAboutBuilding Permit AppealPLANNING FACT SHEET
LEGISTAR FILE ID: 10-00380zt
APPLICANT
REQU EST/LOCATION
LEGAL DESCRIPTION
PETITION
BACKGROUND AND
ANALYSIS
April 7, 2010 Item # P.7
Carlos A. Migoya, City Manager on behalf of the City of
Miami
Citywide
N/A
A RESOLUTION OF THE MIAMI PLANNING ADVISORY
BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 BUILDING PERMIT APPEALS IN CERTAIN
TRANSECTS, CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20,
2010.
This will amend the Miami 21 Code to add a process for
appeals of building permits to the City Commission in the T5
and T6 Transect Zones.
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1400
Date Printed: 3/26/2010 Page 1
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00380zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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 BUILDING PERMIT APPEALS IN CERTAIN TRANSECTS,
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE OF MAY 20, 2010.
WHEREAS, On October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ord. 13114; and
WHEREAS, On January 28, 2010, the City Commission extended the implementation date to
May 20, 2010, Ord. 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 building permit
applications in the T5 and T6 Transect Zones ; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.7,
following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- (---),
recommending ---- of an amendment to Ordinance No. 13114, as amended
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,
FLORI DA:
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 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications in the following particulars, {1}:
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File Number: 10-00380zt
ARTICLE VII Procedures and Nonconformities
7.1.3.3 For By Right permits, the applicant shall also provide a complete set of plans,
signed and sealed as required by the Florida Building Code, which should include:
f. Required notice for Building Permits in the T5 and T6 Transect Zones
At the time of submitting the application to the Building Department, the applicant shall
notify all Abutting property owners, including those across a street or alley, by certified mail.
In the case of Abutting condominiums, only one notice to the condominium association
needs to be sent.
Additionally, at the time of submitting the application, the applicant shall obtain from the
Building Department the list of all registered Neighborhood and homeowner associations
within the NET office that is applicable to subject property and shall notify the NET office,
and official representatives of all such registered associations, by certified mail, of the
application. Neighborhood and homeowner associations who wish to receive such notice
must register on an annual basis at their local NET office.
The applicant shall submit the certified receipts from all notices to the Building Department
at the time of application.
q. Appeals to the City Commission
The issuance of a Building Permit in the T5 and T6 Transect Zones may be appealed to the
City Commission, and must be filed with the Office of Hearing Boards within fifteen (15)
calendar days of the issuance of the permit. The filing of the appeal shall state the specific
reasons for such appeal, together with payment of any required fee.
7.1.5 Appeals
Appeals to the appropriate appellate body from the following decisions shall be made as
follows:
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h. Fifteen (15) days from the issuance of a Building Permit: to the City Commission.
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. 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 relettered and that the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 6. These amendments shall be implemented no earlier than May 20, 2010. {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.
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