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Ordinance
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Miami, FL 33133
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File Number: 10-00391zt Final Action Date: 5/12/2011
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, SECTION 7.1.3.5 ENTITLED
"MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING
THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED
UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL
FOR ANY EXTENSION; 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 extends expiration dates for Special Permits and Variances
under Zoning Ordinance No. 11000; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.2,
following an advertised public hearing, adopted Resolution No. PAB-10-010 by a vote of eight to zero
(8-0), recommending APPROVAL with modifications of an amendment to Ordinance No. 13114, as
amended as follows: 4(b) shall be modified to two (2) years for original permit approval with one (1)
time extension for twelve (12) months to be given administratively and one (1) time extension for
twelve (12) months to be approved by the City Commission following a public hearing; and
WHEREAS, expiration dates extensions are to be reduced and will require approval by the
City Commission; 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
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7.1.3.5 Modifications to Applications Requiring Public Hearing
d. Modifications to special permits and Variances approved under a previous code.
4. The expiration date for any Class II Special Permit, Special Exception, Major Use Special
Permit or Variance approved under the Zoning Ordinance 11000 in effect immediately prior to
the date of adoption of this Miami 21 Code may, upon application by the owner to the Director
to the City Commission by the owner, be extended from its existing expiration date as follows:
a. Class II Special Permits, Special Exceptions and Variances shall be permitted no more
than one (1) time extension for a period not to exceed twelve (12) months, if approved by
the City Commission following a public hearing.
b. Major Use Special Permits shall be permitted no more than three (3) one (1) time
extensions for each time extension not to exceed twenty four (24) twelve (12) months.-, if
approved by the City Commission following a public hearing.
*11
Section 3. 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 4. 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 5. 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
Footnotes:
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{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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