HomeMy WebLinkAboutFR Legislation DRAFTJ-03-893
11/06/03
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTERS 2 AND 62 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION AND ZONING AND PLANNING," TO
ABOLISH THE EXISTING PLANNING ADVISORY BOARD AND
ZONING BOARD, AND SUBSTITUTE IN LIEU THEREOF A NEW
BOARD TO BE KNOWN AS THE CITY OF MIAMI PLANNING
AND ZONING BOARD, SET FORTH THE BOARD'S PURPOSE,
POWERS, AND DUTIES, AND PROVIDE FOR COMPOSITION
AND APPOINTMENTS, TERMS OF OFFICE AND VACANCIES;
MEMBERSHIP ELIGIBILITY REQUIREMENTS; OFFICERS; OATH;
QUORUM AND VOTING; MEETINGS; ATTENDANCE
REQUIREMENTS; COUNSEL; AND PROVIDING FOR SUNSET
REVIEW; MORE PARTICULARLY BY AMENDING
SECTION 2-892, AND SECTIONS 62-1 THROUGH 62-35 AND
62-156 THROUGH 62-159 AND CREATING NEW SECTIONS
62-61 THROUGH 62-129 TO SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board of the City serves as
an integral part of the total process of planning for the future
development and growth of the City of Miami; and
WHEREAS, the Zoning Board of the City serves as an
instrument for the hearing of applications for zoning approvals
for the City of Miami; and
WHEREAS, the City Commission wishes to establish one board
to implement and advise the Mayor and City Commission in the
areas of land use and zoning;
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. Chapter 2/Article XI/Division 1, entitled
"Administration/Boards, Committees, Commissions/Generally" is
amended in the following particulars:1
"Chapter 2
ADMINISTRATION
*
Article XI. Boards, Committees, Commissions
Division 1. Generally
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each City board
shall be reviewed in the following manner:
*
*
(4) The following boards shall initially be reviewed
in the following years and shall be reviewed every
four years thereafter:
*
b. 1996:
*
*
1. Planning advio ry b ard.
2. Zoning b ard.
1. Street codesignation review committee.
4 2. Committee on ecology and beautification.
*
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.
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Section. 3. Chapter 62/Articles III, IV and V, Sections
62-61 through 62-129 of the Code of the City of Miami, Florida,
as amended, entitled "Planning Advisory Board -- Zoning Board --
Appointment of Members and Alternate Members of the Planning
Advisory Board and Zoning Board" are repealed in their entirety
and the existing Planning Advisory Board and Zoning Board are
abolished.
Section 4. Chapter 62/Articles I, 11 and V, Sections 62-
1 through 62-35 and 62-156 through 62-159 of the Code of the City
of Miami, as amended, are further amended to read as follows and
new Chapter 62/Articles III and IV, Sections 62-61 through 62-129
of the Code of the City of Miami, Florida, as amended, are
created to establish the Planning and Zoning Board, in the
following particulars:
"Chapter 62
ZONING AND PLANNING
*
ARTICLE I. IN GENERAL.
Sec. 62-1. Oath required when testifying on zoning
matters.
Any person wishing to testify before the city
commission or any board of the city, during its
consideration of a matter arising from or under the
provisions of Ordinance No. 11000, as amended, the
zoning ordinance of the city, before testifying shall
declare that he or she will testify truthfully by
taking an oath or making an affirmation to be
administered by the city clerk in substantially the
following form: "Do you swear or affirm that the
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evidence you are about to give will be the truth, the
whole truth, and nothing but the truth?"
Sec. 62-2.
Reconsideration of zoning and
comprehensive plan amendments.
Notwithstanding any city Code provision to the
contrary, actions of the city commission related to the
denial or approval of applications pertaining to
amendments to the zoning code, comprehensive plan, or
elements thereof shall not be the subject of a motion
to reconsider which is made subsequent to the first
regularly scheduled city commission meeting following
the date such actions have been taken. Motions to
reconsider actions of the city's planning and zoning
board related to their recommendation of denial or
approval of applications pertaining to amendments to
the zoning code, comprehensive plan, or elements
thereof are not permissible.
ARTICLE II. COMPREHENSIVE PLANNING
Sec. 62-26. Purpose and intent.
(a) Under authority conferred by the constitution
and laws of Florida and of the city Charter it is the
intent of the city to plan for the city's future
development and, as an integral part of the total and
continuing planning process, to take such lawful
actions as may be deemed necessary to implement the
comprehensive planning program.
(b) The continuing comprehensive planning program
contemplated by this chapter shall be a coordinated
one, taking into account the factors and situations
which bear on the course of present and future
development and growth of the city, to the end that the
present and future population of the city will be
assured of a healthful, compatible and habitable living
environment.
(c) The continuing comprehensive planning program
and comprehensive plans that may be adopted may
include, but are not to be deemed as limited to,
principles and policies to be followed in:
(1) Future development of the city;
(2) Location, relocation and character of the
various uses of land and water;
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(3) Location, relocation and character of public
and private open spaces and structures for
recreation, amenity and cultural life;
Modes and means of travel and transportation;
Location and character of public buildings,
services and facilities;
Provision of necessary utilities;
Development of standards
environmental quality;
Planning for conservation,
replacement of housing;
for ecological and
rehabilitation or
Treatment of areas, sites or structures of
historical or archaeological import and
significance;
Density of population;
Methods and policies
cooperation of private
the development,
accomplishment of
plans;
for encouragement of
persons and groups in
implementation and
adopted comprehensive
(12) Taxing and financial arrangements and long
range capital improvement programs deemed
necessary to implement the planning program;
and
(13) Land use control and regulatory measures and
other instruments deemed necessary to
accomplish the aims and objectives of adopted
comprehensive plans.
(d) Adopted plans may take the form of singular
or multiple documents, maps, charts, graphs,
statistical information, commentary, statements of
purpose and intent or other forms recognizable as
declaring the purpose and intent of the city in guiding
the future growth and development of the city as a
whole, a geographical classification thereof, or a
functional classification thereof.
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Sec. 62-27. Establishment of advisory and policy
boards generally.
(a) To meet the responsibilities under the
continuous comprehensive planning program required by
this chapter, certain b ards arc the following board is
established and given authority and responsibility as
set out in this chapter and elsewhere in this Code. The
boarde so established arc is to be denominated as:
(1) The planning advis ry b and f the city; and
(2) The planning and zoning board of the city.
(b) The city commission may by resolution create
additional committees or instruments to serve in
advisory or consultative capacities to the planning
ndvio ry b and r to thc and zoning board.
Sec. 62-28. Administration generally.
Administrative authority and responsibility for
the preparation, conduct and implementation of the
continuing comprehensive planning program shall be as
set out in this chapter and elsewhere in this Code.
Under the authority of the city manager, the planning, —
building and zoning department, as established by
section 2-201 et seq., shall work in close coordination
with the planning advicory b ard, thc and zoning board
and other appropriate city boards and departments in
the preparation, conduct, review and implementation of
the continuing comprehensive planning program.
Sec. 62-29. Effect of previously adopted
comprehensive plan.
Any comprehensive plan or portion or portions
thereof previously adopted by the city shall remain in
full force and effect until superseded by any plan, or
portion thereof, adopted under this chapter.
Sec. 62-30. Preparation of the comprehensive plan.
(a) The planning, building and zoning department
shall prepare comprehensive and coordinated plans for
the development of the city, or a geographical or
functional classification thereof, for review and
recommendation by the planning and zoning
board. Such plans, or substantial portions of plans as
may relate to geographical or functional
classifications thereof, shall be based on existing and
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anticipated needs, showing existing and proposed
improvements and stating the principles according to
which future development should proceed and the manner
in which such development should be controlled. The
plans, or portion thereof, shall be made with the
general purpose of guiding and accomplishing a
coordinated, adjusted and harmonious development of the
city, or a geographical or functional classification
thereof, which will, in accordance with existing and
future needs, best promote public health, safety,
comfort, order, appearance, convenience, morals and the
general welfare and which will contribute to efficiency
and economy in the process of development and future
maintenance. The planning program shall include plans
for future land use and may include plans for
transportation, housing, recreation, utilities,
community facilities, a long range financial program
for public improvements, instruments for encouragement
of cooperation between private groups and government,
measures for implementation and such other matters as
may be deemed necessary by the planning advis ry and
zoning board and the city commission for the purpose of
meeting the objectives of this chapter.
(b) The planning, building and zoning department
shall keep the planning advisory and zoning board
informed of the progress and status of the work
involved in the continuous planning program and shall
work closely with, consult with and seek the advice of
the planning advio ry and zoning board and other
appropriate city boards and departments in the
preparation of plans or portion thereof under the
continuing planning program.
Sec. 62-31. Procedures for amending the
comprehensive plan.
(a) Types of comprehensive plan amendments.
Comprehensive plan amendments may be any of the
following:
(1) Comprehensive plan update or comprehensive
amendment to a major portion thereof,
pursuant to F.S. § 163.3161, as amended
(1987).
(2) Five-year comprehensive plan amendment,
resulting from and accompanied by an
evaluation and appraisal report, pursuant to
F.S. § 163.3191 as amended (1987*.
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(3) Semiannual plan amendment, pursuant to F.S. §
163.3187 as amended (1987).
(4) Plan amendments, which are exceptions from
state review, pursuant to F.S. § 163.3187 as
amended (1987)-.
Data summaries and planning studies, amplifying
and clarifying policies that are consistent with the
comprehensive plan, are not plan amendments.
(b) Applications for plan amendments.
Applications may be made by:
(1) The city commission which may by motion
direct the planning, building and zoning
department to prepare an amendment for
submission and review by the planning
advisory and zoning board, with or without
regard for the semiannual schedule in the
next full paragraph of this section.
(2) The planning, building and zoning department.
(3) Any other department or agency of the city.
(4) The owner or agent or attorney for the owner
of property, pursuant to subsections (a) (3)
and (4) based on the advice of the planning-7-
building and zoning department that a plan
amendment is necessary.
With the exceptions noted in paragraphs (b)(1) and
(e)(1) through (6) of this section, applications for
plan amendments, as described in paragraph (a) of this
section, can only be filed semiannually with the
planning, building and zoning department up to October
1 and up to April 1 of the following year which, if
accepted, will be scheduled for planning odvic ry and
zoning board public hearing in November and May,
respectively, unless no applications have been filed by
October 1, in which case, applications can be filed
during the period October 1 to April 1, for an ensuing
planning advisory and zoning board agenda without
regard for the aforementioned dates, with the objective
of utilizing the two plan amendment opportunities in a
calendar year. For the exceptions noted in paragraphs
(b)(1) and (e)(1) through (6) of this section, the
planning, building and zoning department will schedule
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the amendment on an agenda of the planning advis ry and
zoning board within 60 days of the acceptance of the
application, except for the month of August.
All applications for plan amendments shall be
submitted in writing to the planning, building and
zoning department. Applications under subsection (b)(4)
shall contain a notarized statement by the owner of the
property, his agent or his attorney, that the facts as
represented on the application are true and correct to
the best of the owner's knowledge or that of his
attorney or agent. Applications shall be accompanied by
all pertinent information required by this article and
which may be required for proper consideration of the
matter, including an owner's affidavit, financial
disclosure and a certified list of owners of all
properties within 375 500 feet of the subject property
along with payment of all fees, notice, posting and
advertising charges. Applications shall not be deemed
as accepted by the planning, building and zoning
department unless all appropriate information is
supplied to the satisfaction of the planning, building
and zoning department.
No private application will be accepted unless, as
required, a companion application for a change of
zoning is also filed. Where companion applications are
filed for both plan amendments and zoning amendments
for the same property, pursuant to subsections (a)(3)
and (4), only one set of owner affidavits, financial
aid disclosure forms and property owners' .list must be
filed.
Where companion applications are filed for both
plan amendments and zoning amendments pursuant to
subsections (a)(3) and (4), the plan amendment will be
scheduled on an agenda of the planning advis ry and
zoning board such that the public hearing occurs prior
to the public hearing by the zoning board on the zoning
amendment.
(c)
Review and recommendation by the planning;
and zoning department. All plan amendments
shall be reviewed and recommended by the planningy
building and zoning department. This finding will
consider whether the land use, densities and
intensities proposed are compatible with and further
the objectives, policies, land uses, and densities and
intensities in the comprehensive plan, provided further
that the comprehensive plan shall be construed broadly
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to accomplish its stated purposes and objectives.
Recommendations must be on file for public review ten
days prior to public hearing. Applications will not be
permitted to be revised within the ten-day period prior
to the public hearing (and subsequently) unless the
revision is made in public hearing with full
disclosure.
(d) Review and recommendation by planning
advis ry and zoning board. The planning advis ry and
zoning board, the local planning agency, will conduct a
public meeting. Notice shall be given of the public
hearing as set out in section 62-129(1) and (4); in
addition, the planning advisory and zoning board may,
for the particular hearing involved, give such
additional notice as it may deem proper to the subject
of the hearing and circumstances therein involved.
Upon completion of such hearing, the planning
advis ry and zoning board may recommend to the city
commission by not less than five affirmative votes, the
adoption by the city commission of the plan update, or
portion thereof or plan amendment, upon which the
public hearing was held. The board resolution of
recommendation shall refer expressly to the maps,
descriptive material and other data intended by the
planning advisory and zoning board to form the whole or
the part of the plans upon which the public hearing was
held. Where the recommendation of the planning advisory
and zoning board is not in accord with earlier
recommendations of the planning, building and zoning
department, the planning, building and zoning
department shall submit to the city commission its
recommendation in the matter. When a plan update has
been recommended, pursuant to subsection (a)(1) and
(2), the action taken and the recommendation made by
the planning advisory and zoning board shall be
recorded on the recommended plan, together with the
signature of the executive secretary of the planning
advisory and zoning board which shall be affixed
thereto as certifying to the action taken and the
recommendation made and the date of such action and
recommendation; and the signature of the director of
the department of planning, building and zoning shall
be affixed as certifying that the requisite hearing or
hearings were held on the dates certified. The
recommended copy of the plan update, or portion thereof
or plan amendment, shall be a part of the permanent and
public records of the planning adio ry and zoning
board.
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(e) Adoption by the city commission. The city
commission shall hold at least two advertised public
hearings on the proposed plan amendment. The first
public hearing upon the updated plan or portion thereof
or plan amendment shall be held within 60 days from the
date of the planning advis ry and zoning board public
hearing. Notice of such public hearing by the city
commission shall be. given as set out in section 62-
129(1) and (4) of this chapter no less than ten days in
advance of the public hearing. Except as provided
below, the first public hearing shall be held for the
purpose of transmitting or not transmitting the plan
amendment, as recommended by the city commission to
that state land planning agency allowing a minimum of
90 days for review and written comment. The intention
to hold a second public hearing shall be announced and
the city commission shall establish a date certain for
the second public hearing. Except as provided in
paragraphs (b)(1) and (e)(1) through (6) of this
section, the city commission shall consolidate all
proposed plan amendments into a single submission for
each of not more than two plan amendment adoption times
during the calendar year. The exceptions are:
(1) In the case of an emergency, as defined by
F.S. § 163.3187(1)(a), as amended (1987).
(2) Any plan amendments directly related to a
proposed development of regional impact,
including changes which have been determined
to be substantial deviations and including
Florida quality developments pursuant to
state statute as defined by F.S. §
163.3187(1)(b), as amended, (1987) may be
initiated by the planning advis ry and zoning
board and considered by the city commission
at the same time as the application for
development approval using the procedures
provided for plan amendments, without regard
to limits on the frequency of consideration
of plan amendments. Nothing in this
subsection shall be deemed to require
favorable consideration of a plan amendment
solely because it is related to a development
of regional impact.
(3) Any local government comprehensive plan
amendments directly related to proposed small
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scale development activities as defined by
F.S. § 163.3187(1) (c), as amended (1987).
(4) Corrections, updates and modifications
concerning costs; revenue sources; acceptance
of facilities pursuant to dedications which
are consistent with the plan; or the date of
construction of any facility enumerated in
the capital improvements element may be
accomplished by ordinance and are not
required to follow these procedures.
Corrections, updates or modification of
current costs which were part of the
comprehensive plan may be accomplished by
ordinance and are not required to follow
these procedures.
(5) Irrespective of the notice requirements in
sections 62-128 and 62-129, small scale
development activity plan amendments pursuant
to this paragraph require only a legal
advertisement in a newspaper of general
circulation.
(6) Any other exceptions as may be defined by
state law.
The city commission, upon receipt of written
comments from the state land planning agency shall hold
a second public hearing for the purpose of adopting the
plan amendment in the months of June and December, and
shall take legislative action within 60 days of
receipt. It shall be held on a weekday approximately
ten days after the day that the second advertisement is
published. The city commission shall review the written
comments, if any, submitted by the state land planning
agency and any other person, agency or government.
Upon such public hearing, the city commission may
thereafter adopt the comprehensive plan amendment
pursuant to an evaluation and appraisal report in
subsection (a)(2) as recommended by the planning
advis ry and zoning board, or modify the plan or
portion thereof. Other plan amendments pursuant to
subsections (a)(1), (3) and (4) may be adopted, adopted
with modifications or rejected. Any comprehensive plan
update, or portion thereof or plan amendment or
modification thereto, shall become effective only upon
adoption by ordinance by the affirmative vote of not
less than three members of the city commission.
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The city clerk shall transmit the comprehensive
plan update or portion thereof or plan amendment, as
adopted, to the state land planning agency within five
working days of adoption.
The effective date of the adopting ordinance shall
be 45 days from the date of adoption to allow the state
land planning agency to issue a notice of intent to
find the comprehensive plan update or portion thereof
or plan amendment, as adopted, is in compliance or not
in compliance with state statutes.
Upon receipt of a notice of intent from the state
land planning agency finding that the comprehensive
plan or plan amendment is not in compliance with state
statutes or upon receipt of an administrative order
from the Florida Administrative Commission finding that
the comprehensive plan or plan amendment is not in
compliance and specifying remedial action, such order
shall be listed as a public hearing item on the next
available city commission agenda with ten days' public
notice. The city commission may either undertake
amendments by ordinance or refer the item to the
planning advisory and zoning board for recommendation.
In either instance, no transmittal is required to the
state land planning agency following first reading; any
amendment shall not be counted toward the limitation on
annual plan amendments and only ten days' notice shall
be required. The city clerk shall transmit the final
action of the city commission to the Florida
Administrative Commission within five days of the
second reading.
Sec. 62-32. Periodic review of the adopted
comprehensive plan and adoption of
evaluation and appraisal report.
(a) Periodically, but not less often than once in
five years or more often than once in two years, the
comprehensive plan shall be reviewed, evaluated and
appraised by the planning advisory and zoning board to
determine whether changes in the amount, kind or
direction of development and growth of the city or area
thereof, or other reasons, make it necessary or
beneficial to make additions or amendments to the
comprehensive plan. The planning, building and zoning
department shall prepare an evaluation and appraisal
report for the planning advio ry and zoning board which
shall evaluate the comprehensive plan pertaining to the
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major problems of development, physical deterioration
and the location of land uses and the social and
economic effects of such uses; the status of each
element of the comprehensive plan; the objectives of
the comprehensive plan compared to actual results and
the extent to which unanticipated and unforeseen
problems and opportunities occurred; all as compared
between the date of adoption and the date of the
report. The report shall suggest changes needed to
update the comprehensive plan including reformulated
objectives, policies and standards.
(b) The planning advisory and zoning board may
recommend the report as presented, modify the report or
reject the report in duly noticed public hearing
pursuant to the procedures in section 62-31.
(c) The city commission shall adopt, or adopt
with changes, the report or portions thereof by
resolution in public hearing within 90 days after the
planning advic ry and zoning board date of
recommendation. The city commission shall thereafter
amend the comprehensive plan based on the
recommendation in the evaluation and appraisal report.
Adoption of the report and recommended amendments to
the plan may be made simultaneously pursuant to section
62-31 or if not simultaneous, the evaluation and
appraisal report shall contain a schedule for adoption
of the recommended amendments within one year.
Sec. 62-33. Applicability of comprehensive plans
after adoption.
(a) After a comprehensive plan or element or
portion thereof has been adopted in conformity with
state statute, all development undertaken by and all
actions taken in regard to development orders by city
agencies in regard to land covered by such plan or
element shall be consistent with such plan or element
as adopted.
(b) All land development regulations enacted or
amended shall be consistent with the adopted
comprehensive plan or element or portion thereof, and
any land development regulations existing at the time
of adoption which are not consistent with the adopted
comprehensive plan or element or portion thereof shall
be amended so as to be consistent. If an existing land
development regulation is inconsistent, the city
commission shall adopt a schedule for bringing the land
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development regulation into conformity with the
provisions of the most recently adopted comprehensive
plan or element or portion thereof.
(c) A development order or land development
regulation shall be consistent with the comprehensive
plan if the land uses, densities and/or intensities,
and/or other aspects of development permitted by such
order or regulation are compatible with and further the
objectives, policies, land uses, and densities or
intensities in the comprehensive plan and if it meets
all other criteria.
(d) A development approved or undertaken by city
agencies shall be consistent with the comprehensive
plan if the land uses, densities or intensities,
capacity or size, timing and other aspects of the
development are compatible with and further the
objectives, policies, land uses, and densities or
intensities in the comprehensive plan and if it meets
all other criteria.
(e) Whenever a comprehensive plan update for the
city as a whole, or for geographical or functional
classifications thereof, has been finally adopted as
set out in section 62-31 above, then and thenceforth no
public street or park, other public way, ground, place,
or space, public building or public structure or
activity, or quasipublic structure or activity not in
conformity with the adopted comprehensive plans or
portion thereof shall be constructed, altered or
authorized in the city unless the location and extent
thereof shall have been submitted to the planning
ai-ey and zoning board for a report and its
statement of approval or disapproval and the reasons
therefor. Within 30 days after the request for such
report has been received by the planning adkis ry and
zoning board or within such other time limits as may be
agreed upon, the report shall either be made or failure
of the planning advisory and zoning board to act shall
be deemed approval. The planning advis ry and zoning
board's report under this section may be overruled by
the vote of three members of the city commission. In
the event of an emergency declared by the city manager,
a matter in question under this section may be
considered directly by the city commission without
reference to the planning advis ry and zoning board.
(f) After comprehensive plans for the city or a
portion of such plans corresponding generally with a
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geographic or functional classification of the city
have been adopted in the manner herein set out, no
zoning ordinance, subdivision regulation or other land
use control regulation shall be adopted, repealed or
amended until such question has been referred to the
planning advis ry and zoning board acting as the local
planning agency and local land development regulation
commission, for review and recommendation to the city
commission; provided that this recommendation shall be
made in a reasonable time not to extend beyond two
regularly scheduled meetings of the planning advis ry
and zoning board, otherwise the city commission may act
on adoption, and provided, h cvcr, that this pr visi n
shall not apply to those parings required to be hold
by the z ning b and under other city ordinances.
Sec. 62-34. Land development regulations.
The land development regulations of the City of Miami
are as follows:
(1) Subdivision regulations (chapter 55 of this
Code);
(2) Zoning ordinance of the City of Miami,
Florida, which regulates signage, the use of
land and water, ensures compatibility of
adjacent uses and provides for open space;
(3) Hctr p litan Miami -Dade County comprehensive
development master plan protects potable
water well fields (reference: The Code of
Mctrop litan Miami -Dade County, Florida, as
amended);
(4) Coastal management element of the Miami
comprehensive neighborhood plan and by
reference; the State of Florida coastal
construction control line and the federal
coastal construction control line and the
Federal Emergency Management Agency (FEMA)
flood criteria maps regulate areas subject to
seasonal and periodic flooding;
(5) Stormwater element: Miami comprehensive
neighborhood plan; stormwater utility,
section 18-291 et seq., and downtown
development, chapter 14, article IV of this
Code, provide for drainage and stormwater
management;
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(6) Section 3(mm) of the Charter of the City of
Miami, Florida, as amended (Waterfront
Charter Amendment); conservation element,
Miami comprehensive neighborhood plan and
chapter 17, Environmental Preservation of
this Code ensure the protection of
environmentally sensitive lands designated in
the Miami comprehensive neighborhood plan;
(7) The capital improvement element, Miami
comprehensive neighborhood plan; chapter 13,
impact fees; and downtown development,
chapter 14 article IV of this Code, provide
that public facilities and services that meet
or exceed the standards established in the
capital improvements element of the Miami
comprehensive neighborhood plan are available
when needed or that permits are conditioned
on the availability of these services; no
development order or permit shall be issued
which results in a reduction of the level of
service for the affected public facility
below the level of service provided in the
Miami comprehensive neighborhood plan; and
(8) Chapter 2, section 2-265, off-street parking
guides and standards and section 2-205(b)(8),
parking guides and standards; chapter 14,
downtown development; and section 35-121 et
seq., public off-street parking of this Code
and the zoning ordinance of the City of Miami
provide for safe and convenient traffic flow
considering needed vehicle parking.
Sec. 62-35. Appropriations, fees and other expenses.
The city commission may provide appropriations for
salaries, fees and expenses necessary in the conduct of
the work of the boards established by this chapter and
for the departments and employees necessary in the
conduct of the continuing planning program. Such monies
and any other sums which may be made available through
fees, gifts, state or federal grants, state or federal
loans or other sources shall be expended in accordance
with the established budgetary and fiscal procedures
and practices of the city.
ARTICLE ITT. PLANNING AND ZONING BOARD
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Sec. 62-61. Establishment.
There is hereby established a board, to be known
as the city planning and zoning board. The planning and
zoning board shall consist of eleven voting members,
one alternate member to be appointed in the manner
hereinafter set out in this chapter, and one ex-
officio, non -voting member appointed by the school
board.
The school board appointee, serving as an
ex-officio, non -voting member, shall be invited to
attend such meetings at which comprehensive plan
amendments and re -zonings are considered which, if
granted, increase residential density. The school board
appointee shall not be counted in determining whether a
quorum is present at any meeting.
Sec. 62-62. Functions, powers and duties generally.
(a) The planning and zoning board is an integral
part of the total process of planning and zoning for
the future development and growth of the city. The
board is to serve as a quasi-judicial instrument as
well as an instrument of advice and recommendation in
all phases and aspects of the comprehensive planning
program authorized by section 38 of the city Charter
and the zoning ordinance. With the assistance of the
planning and zoning department, the functions, duties
and powers of the planning and zoning board in the
city"s continuous comprehensive planning program shall
be, in general:
(1) To acquire and maintain such information and
materials as are necessary to an
understanding of past trends, present
conditions and forces at work to cause
changes in these conditions. Such information
and material may include, but is not to be
limited to, maps and photographs of manmade
and natural physical features of the city,
statistics on past trends and present
conditions with respect to population,
property values, economic base, environmental
factors, land use and such other information
as is important or likely to be important in
determining the amount, direction and kind of
development and growth to be expected and
planned for the city in the future.
Page 18 of 42
(2) To review and to recommend to the city
commission for adoption and from time to time
recommend amendments and revisions to
comprehensive and coordinated general plans,
or portions thereof, for meeting present
requirements and such future requirements as
may be foreseen.
(3) To establish principles and policies for
guiding action affecting future development
in the city.
(4) To prepare and recommend to the city
commission ordinances, regulations and other
proposals promoting orderly development along
the lines indicated as necessary and
desirable by the comprehensive planning
program.
(5) To conduct such public hearings as may be
required to gather information and public
reaction necessary for the drafting,
establishment, maintenance and recommendation
to the city commission for adoption of
comprehensive plans or portions thereof and
to conduct such public hearings as may be
required on ordinances, codes and regulations
related to plans made and their
implementation; and to establish public
committees or task forces when deemed
necessary for the purpose of collecting and
compiling information necessary to the
planning program; or for the purpose of
promoting and implementing the accomplishment
of comprehensive plans in whole or in part.
(6) To make or cause to be made any necessary
special studies on the location, adequacy and
conditions of specific facilities in the
city. These may include, but are not limited
to, studies on housing, commercial and
industrial conditions and public facilities,
recreation, public and private utilities,
conservation of natural resources, roads and
traffic, transportation, parking and the
like.
(7) When duly authorized by ordinance, to
determine whether specific proposed
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developments conform to the principles and
requirements of the planning program.
(8) To serve as an instrument for informing the
city commission, other city departments and
agencies and the public of the continuing
comprehensive planning program and its
purposes and status.
(9) To perform such other duties in connection
with the comprehensive planning program as
may lawfully be assigned to it.
(10) To review and make recommendations to the
city commission on all developments of
regional impact, in accordance with Fla.
Stat. § 380.06, as amended.
(11) To act as the local planning agency pursuant
to F.S. § 163.3174, as amended and serve as
the local land development regulation
commission pursuant to Fla. Stat.
§ 163.3194(2), as amended.
(b) All city departments and employees shall,
under the direction of city manager and upon request
and within a reasonable time, furnish to the planning
and zoning department such available records or
information as may be required in the work. The
planning and zoning board or representatives of the
planning and zoning department may, in the performance
of official duties, enter upon lands and make
examinations or surveys in the same manner as other
authorized city agents or employees and shall have
other powers as are required for the performance of
official functions in carrying out the purposes and
responsibilities of the planning and zoning board and
the comprehensive planning program.
(c) The planning and zoning board shall serve as
an instrument for the hearing of applications for the
rezoning of specific properties, as set out in article
22 of the zoning ordinance of the city. When acting in
this capacity, its work shall be deemed advisory and
recommendatory, and only advisory and recommendatory,
to the city commission.
(d) The planning and zoning board shall serve as
the quasi-judicial instrument for the granting of a
variance or special exception under the zoning
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ordinance. It shall perform these functions as set out
in this article and under the applicable laws and
regulations of the state and the city. In furtherance
of its quasi-judicial functions the planning and zoning
board shall have the following powers and duties:
(1) Special exceptions: To hear and decide such
special exceptions as the board is
specifically authorized to pass on under the
terms of the zoning ordinance of the city; to
decide such questions as are involved in the
determination of whether or not special
exceptions should be granted; and to grant
special exceptions with appropriate
conditions and safeguards or to deny special
exceptions when not in harmony with the
purpose and intent of the zoning ordinance of
the city.
(2) Variances: To authorize upon application such
variance from the terms of the zoning
ordinance of the city as will not be contrary
to the public interest where, owing to
special conditions, a literal enforcement of
the provisions of the zoning ordinance of the
city would result in unnecessary and undue
hardship.
(3) Rescission: The board, after public hearing,
may rescind, modify or change any resolution
heretofore or hereafter adopted granting a
special permit, special exception or
variance, if, upon application filed at any
time, after the grant of special permit,
special exception or variance, by the
director, the board finds that there has been
a violation of any conditions, restrictions
or limitations in the subject resolution;
provided, such a public hearing shall not be
held until published notice (per section 62-
129 of the Miami City Code) has first been
given; provided further, if the director,
upon written request of any aggrieved party,
refuses or fails to make such an application,
such aggrieved party may request the city
commission, through the city manager, to
instruct the director to do so. Such decision
of the board shall be final unless an appeal
is instituted to the city commission within
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the time, and as prescribed for other appeals
thereto.
(e) The planning and zoning board shall perform
such other functions as may be given it by appropriate
action of the city commission or pursuant to other city
ordinances.
Sec. 62-63. Proceedings.
(a) Officers and voting. The planning and zoning
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 and zoning board, subject to the provisions of
subsections (e) and (f) of this section and applicable
Florida Statutes. The director of the planning and
zoning department or designee shall attend all meetings
of the board. The Office of Hearing Boards, or its
successor, shall be the executive secretary of the
planning and zoning board.
(b) Rules and procedure. The planning and zoning
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 and zoning
board and to the public upon request.
(c) Meetings. The planning and zoning 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 and zoning 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
and zoning board and the city manager, an emergency
meeting may be called at any time. The planning and
zoning board shall have the power to take testimony
under oath.
Page 22 of 42
(d) Quorum; public records. A Quorum shall
consist of at least six voting members. No action to
recommend adoption 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 site and
development plan shall be taken without the concurring
votes of at least five members of the board. The
executive secretary of the planning and zoning board
shall keep minutes of board 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 executive
secretary of the planning and zoning board to handle
all procedural activities for all public hearings
required to be held by the planning and zoning 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 also be the responsibility of the
executive secretary of the planning and zoning board to
maintain records of other public meetings of the board.
Records of such meetings shall be maintained in the
office of the executive secretary of the planning and
zoning board.
(e) Status of alternate member. In the temporary
absence or disability of a member, or in an instance
where a member is otherwise disqualified to sit on a
particular matter, the chairman of the planning and
zoning board, or the vice-chairman in his absence,
shall designate the alternate member to sit as a board
member to obtain a full membership of eleven or, as
nearly as possible, a full membership. When so acting,
the alternate member shall have full rights of
participation and voting as members; his/her vote shall
be deemed that of a member in reaching a decision on a
matter. In instances where the alternate member is not
sitting as a member, he/she shall have the right to
participate in board discussions and to ask questions,
but he/she shall have no right to vote or make motions.
Where the alternate member has been duly designated to
sit as a member on a particular matter and
consideration of that matter has begun, the alternate
shall continue to sit as a board member through
disposition of the matter; and he shall not be
replaced, should the member in whose stead he is
sitting later be present.
Page 23 of 42
(f) Disqualification of members or alternate. If
any member of the planning and zoning board or the
alternate member called on to sit in a particular
matter shall find that his private or personal
interests are involved in the matter coming before the
board, he shall, prior to the opening of the hearing on
the matter, disqualify himself from all participation
of whatsoever nature in the cause; or he may be
disqualified by the votes of not less than five members
of the board, not including the member or alternate
member about whom the question of disqualification has
been raised. No member or alternate member of the
planning and zoning board shall appear before the city
commission or the planning and zoning board as agent or
attorney for any other person.
(g) Assignment of other personnel. The city
manager shall assign a member of the public works;
planning and zoning; neighborhood enhancement team and
fire -rescue departments, or their successors, to attend
public hearings of the planning and zoning board to
advise the planning and zoning board when necessary,
and to furnish information, reports and recommendations
upon request of the board. The city attorney shall
assign an assistant city attorney to attend public
hearings of the planning and zoning board to advise the
planning and zoning board when necessary and to furnish
information, reports and recommendations upon request
of the board.
ARTICLE IV.
APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS TO THE
PLANNING AND ZONING BOARD
Sec. 62-121. Purpose and intent.
It is intended that membership on the planning and
zoning board established by this chapter shall be
governed by the provisions of section 2-884 of this
code.
Sec. 62-122. Terms of office.
The term of office of each member of each member
and alternate member of the planning and zoning board
shall be governed by the provisions of section 2-885 of
this code.
Sec. 62-123. Procedure for appointment.
Page 24 of 42
(a) No appointment shall be made by the city
commission to membership or alternate membership on the
planning and zoning board until the commission shall
have given notice in a newspaper of general circulation
in the city of the vacancies at least 30 days prior to
the making of an appointment, and shall have solicited
and encouraged the public and professional or citizen
organizations within the area having interest in and
for consideration as prospective
appointees or alternates of the boards. At least ten
days prior to the making of any appointment, the city
commission shall cause to have available to the public,
and shall publicly make announcement of the fact, that
the list of names thus submitted, together with a short
statement of the qualifications of each person, is
prepared and available for public inspection and
consideration. In reaching a decision on appointment,
the city commission shall give due consideration to the
names thus submitted.
(b) In addition, the city commission shall, at
least ten days prior to the making of any appointment,
cause to have available to the public, and shall
publicly make announcement of the fact that the names
of prospective nominees submitted by members of the
city commission and a short statement of qualifications
of such persons are available for public inspection and
consideration.
(c) No person shall be appointed to membership or
alternate membership on the planning and zoning board,
whose name and qualifications have not been made
publicly available in the manner set out, other than
incumbent members, including alternates, of the
planning and zoning board.
Sec. 62-124. Qualifications.
(a) In reaching a decision on appointment to a
vacancy on the planning and zoning board, the city
commission shall give due regard to, and be guided by
the necessity for representation on the boards, of:
(1) Geographical sections and areas of the city;
Page 25 of 42
(2) Social, economic and demographic
characteristics of the city;
(3) Background, experience and abilities of
appointees to fulfill the duties and
responsibilities of board membership or
alternate membership; prospective appointees
shall be subject to a personal appearance
before the city commission, to afford the
city commission an opportunity to ascertain
prospective nominees' proficiency in the
English language, educational background and
general knowledge of planning and zoning;
(4) Prior demonstration by prospective appointees
of interest in and concern for planning and
planning implementation, as may be evidenced
by previous attendance at planning or land
use control seminars;
(5) Membership in organizations having the
primary aim of the furtherance of
dissemination of knowledge of and support of
sound planning and implementation programs;
(6) Other activity evidencing knowledge and
interest in the public purposes of planning
and plan implementation;
(7) Potential conflicts of interest;
(8) Demonstrated maturity and objectivity of
judgment; and
(9) Needs for expertise, if any, in the
membership and alternate membership of the
boards.
(b) Appointees shall be persons in a position to
represent the public interest, and no person shall be
appointed having personal or private interests likely
to conflict with the public interest.
(c) Qualifications. It is intended that members and
alternate members of the board established by this article
be persons of knowled e, experience, mature judgment, and
background, having ability and desire to act in the public
interest and representing, insofar as may be possible, the
various special professional training, experience, and
interests required to make informed and equitable decisions
Page 26 of 42
concerning preservation and protection of the physical
environment. To that end, qualifications of members and
alternate members shall be as follows:
(1) One member shall be an architect or urban planner
or urban designer qualified by means of education
or experience in the field of architecture,
comprehensive planning or urban design.
(2) One member shall be a transportation planner or
traffic engineer qualified by means of education
or experience and having demonstrated knowledge
and interest in transportation planning.
(3) One member shall be an architect or architectural
historian having demonstrated knowledge and
experience in historic preservation.
(4) One member shall be an experienced real estate
broker licensed by the state.
(5) One member shall be a person experienced in the
field of business and finance or law.
(6) One member shall be a citizen appointed by the
Mayor with demonstrated knowledge and interest in
the planning of the city, and may also qualify
under any of the above categories.
(7) Five members shall be citizens (representing the
five commission districts within the city) with
demonstrated knowledge and interest in the
planning of the city, and may also qualify under
any of the above categories.
(8) One alternate member shall qualify under one of
the above categories.
(d) No person shall be appointed who has any
interest in the profits or emoluments of any contract,
job, work, or service for the city. No person shall be
appointed who holds any elective office or is employed
in a full-time capacity by any governmental authority
in the county or the city. Before making any
appointment, the city commission shall determine that
the person so appointed satisfies the requirements of
sections 2-611 et seq., and no person shall be
confirmed in appointment who has not filed the
statement required by section 2-615. In addition, the
code of ethics of Miami -Dade County shall apply to
members and alternate members of the planning and
zoning board.
Page 27 of 42
(e) Persons appointed shall be electors of the
city.
(f) No member or alternate member of the planning
and zoning board shall be confirmed in his appointment
until he/she shall sign a statement agreeing to
participate in at least one seminar on planning or
zoning to be held in Florida, and approved by the city,
during the course of each calendar year he shall remain
a member or alternate member of the planning and zoning
board. Failure to meet this requirement each and every
year after assuming board membership or alternate
membership may be deemed grounds for removal under
section 62-126.
Sec. 62-125. Vacancies.
(a) Vacancies in the membership or alternate
membership of the planning and zoning board shall be
filled by the city commission by appointment in the
manner herein set out and for the unexpired term of the
member or alternate member affected, provided the city
commission may appoint an alternate member of a board
to a vacancy as a full member of the board without
resort to the procedural requirements of section 62-
123.
(b) It shall be the duty of the chairman of the
planning and zoning board to notify the city clerk
within ten days after a vacancy occurs, and the city
clerk shall promptly transmit such information to the
city commission for appropriate commission action as
set out herein.
Sec. 62-126. Removal.
(a) Members and alternate members of the planning
board may be removed for cause by the city commission
upon the votes of not less than three members of the
commission, upon written charges and public hearing, if
the member or alternate member affected requests such
public hearing.
(b) There is hereby established a point system.
Each member or alternate member of the planning and
zoning board who arrives after the beginning of the
first agenda item or leaves before the termination of
the last agenda item, at a regularly scheduled meeting
of the board, shall receive two points. Any member or
alternate member of the board who accumulates more than
Page 28 of 42
15 points in one calendar year shall be brought to the
attention of the city commission for its consideration
of removal of the member.
(c) Notwithstanding subsection (b) above, any
member or alternate member of the board who is absent,
for whatever reason, from more than five meetings in
one calendar year shall be brought to the attention of
the city commission for its consideration of removal of
the member.
Sec. 62-127. Compensation.
Members and alternate members of the planning and
zoning board shall receive a remuneration of $1.00 per
year. The city commission shall make provision for the
payment of actual and necessary expenses, in accordance
with city policy, for the attendance of each member and
alternate member of boards at one city -authorized
planning or zoning seminar or conference each calendar
year to be held in Florida.
Sec. 62-128. Public notice --Generally.
Where public notice is required, the
administration of the comprehensive planning program as
set out in section 72 of the city Charter and
ordinances enacted thereunder, the type and the manner
of public notice to be given shall be as set out in the
ordinance or section of the ordinance for the matter
involved and as set out in section 62-129.
Sec. 62-129. Same --Types.
The requirements for the types of public notice
are as follows:
(1) Newspaper publication.
a. Publication of public notice in a
newspaper shall consist of publication
in a newspaper of general paid
circulation in the municipality and of
general interest and readership in the
community, not one of limited subject
matter. Such publications shall be made
not less than ten days in advance of the
public hearing.
Page 29 of 42
b. When the publication of public notice
pertains to comprehensive plan update or
portion thereof or plan amendment, the
advertisement shall state the date, time
and place of the meeting, the subject of
the meeting, and the place or places
within city boundaries where the
proposed amendment may be inspected by
the public. The advertisement shall also
advise interested parties that they may
appear at the meeting and be heard
regarding the transmittal or adoption of
the comprehensive plan update or portion
thereof or plan amendment.
c. Further, if the proposed comprehensive
plan update or portion thereof or plan
amendment changes the existing permitted
land uses or changes land -use
categories, the required advertisements
shall be no less than one -quarter page
in a standard size or a tabloid size
newspaper, and the headline in the
advertisement shall be in a type no
smaller than 18 point. The advertisement
shall not be placed in that portion of
the newspaper where legal notices and
classified advertisements appear. The
advertisement shall be published in a
newspaper pursuant to this section.
The advertisement shall be in
substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Miami proposes to change the use
of land within the area shown in the map in
this advertisement.
A public hearing on the proposal will be held
on (date and time) at
(meeting place). . „
e. The advertisement shall contain a
geographic location map that clearly
indicates the area covered by the
proposal. The map shall include major
street names as a means of
identification of the area.
Page 30 of 42
(2) Posting. Posting is required except when the
city, or its designee, initiates (a) a
comprehensive plan or zoning ordinance
encompassing the entire city or (b) a
comprehensive plan amendment, change of plan
designation, zoning ordinance amendment or
change of zoning classification of private
property which deals with more than five
percent of the total land area of the city.
a. Where posting of a property is required,
it shall be done at least ten days in
advance of the hearing and shall consist
of a sign to be posted on the such land
which shall measure at least three
square feet in area, shall be of a color
distinguishable from the surrounding
landscape, and shall contain
substantially the following language:
"A PUBLIC HEARING CONCERNING THE REZONING OF
THIS PROPERTY FROM TO WILL
BE HELD BY THE (PLANNING AND ZONING BOARD,
CITY COMMISSION, HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD) OF THE CITY OF MIAMI.
CALL (phone number) FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING A VARIANCE ON
THIS PROPERTY TO (short statement of nature
of variance requested) WILL BE HELD BY THE
(PLANNING AND ZONING BOARD, CITY COMMISSION)
OF THE CITY OF MIAMI. CALL (phone number) FOR
INFORMATION."
or
"A PUBLIC HEARING INVOLVING A SPECIAL
EXCEPTION ON THIS PROPERTY FOR THE PURPOSE OF
(short statement of nature of request) WILL
BE HELD BY THE (PLANNING AND ZONING BOARD,
CITY COMMISSION) OF THE CITY OF MIAMI. CALL
(phone number) FOR INFORMATION."
b. The sign shall be erected in full view
of the public on each street side of
such land. Where the property for which
rezoning, variance or special exception,
as the case may be, is sought is
landlocked, the sign shall be erected on
Page 31 of 42
the nearest street right-of-way, with an
attached notation indicating generally
the distance and direction to the
property for which rezoning is sought.
Where large parcels of property are
involved with street frontages extending
over considerable distances, as many
signs shall be erected on a street
frontage as may be deemed adequate to
inform the public.
c. It shall be a misdemeanor in the second
degree, punishable pursuant to F.S. §5
775.082 and 775.083, as amended for any
unauthorized person to tamper with or
remove the signs posted pursuant to this
section.
(3) Mail notice. Mail notice is required except
when the city, or its designee, initiates (a)
a comprehensive plan, or zoning ordinance
encompassing the entire city or (b) a
comprehensive plan amendment, change of plan
designation, zoning ordinance amendment or
change of zoning classification of private
property which deals with more than five
percent of the total land area of the city.
If required, notice of the time and place of
the public hearing by the planning and zoning
board, or city commission, as the case may
be, shall be sent at least ten days in
advance of the hearing by mail to the owner
of the subject property or his designated
agent or attorney, if any.
(4) Courtesy notice. Courtesy notice as set forth
herein is not required unless specifically
mandated elsewhere in this code or the zoning
code. If required, notice of the time and
place of the public hearing by the planning
and zoning board, or city commission, as the
case may be, shall be sent at least ten days
in advance of the hearing by mail to all
owners of property within 500 feet of the
property lines of the land for which the
hearing is required. The applicant shall be
charged the appropriate fee for the mailing.
For the purpose of this requirement, the
names and addresses of property owners shall
be deemed those appearing on the latest tax
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rolls of the city. The director of the
planning and zoning department, or his/her
designee, shall certify at the time of the
public hearing that notice as herein required
was given to the persons as named and with
addresses shown on his certification by the
placing in the mail system of the United
States on the date certified the courtesy
notice; the certification shall be conclusive
of the giving of courtesy notice; in the case
of condominiums, each individual condominium
unit owner shall be notified as described
herein. No action taken by the planning and
zoning board, or the city commission, as the
case may be, shall be voided by the failure
of an individual property owner to receive
such courtesy notice.
(5) Additional and optional notice. The planning
and zoning board, or city commission, as the
case may be, may give additional and optional
notice as may be deemed proper for the
circumstances involved for the particular
hearing, but such additional notice shall not
be deemed as legally required. Where such
additional or optional notice is given,
failure of an individual property owner or
groups of property owners or residents to
receive or be aware of such notice shall not
void any action taken by the, planning and
zoning board, or the city commission, as the
case may be.
(6) Administrative notice. In the case of special
permits, and requests for written
interpretations and determinations the
director of the planning and zoning
department may direct the applicant to send
an informational notice to all immediately
adjacent property owners, including across a
street or alley, by certified mail with
return receipt required. In the case of
condominiums, only one notice will be sent to
the condominium association. Issuance of a
special permit, written interpretation or
determination will not be precluded by reason
of the failure of an adjacent property owner
to receive an administrative notice.
Page 33 of 42
ARTICLE V-.
ZONING AND PLANNING FEES
Sec. 62-156. Schedule of fees.
(a) Any application for a change in the district
classification or modification of the regulations
affecting any property or for a plan amendment or for
any special permit required by the zoning ordinance,
shall be accompanied by an application fee in the
amount set forth opposite the requested item in this
section:
(1) Change of zoning district classification to:
a CS, PR, R-I, R-2:
1. Per square foot of net lot area. . $ 0.15
2. Minimum 635 00
b. R-3, R-4, 0, G/1:
1. Per square foot of net lot area . .. 0.20
2. Minimum 750 00
c. Cl,-C-2, I:
1. Per square foot of net lot area . . . 0.25
2. Minimum 900.00
d. CBD and all SD's:
1. Per square fool of net lot area . . 0.30
2. Minimum 1,000.00
(2) Application to amend the comprehensive plan to:
a. Conservation, recreation, residential single-
family, residential duplex 300 00
b. Residential medium density multifamily . .450.00
c. Residential high density multifamily, office,
major public facilities,
transportation/utilities 550 00
d. Commercial/restricted, commercial/general and
industrial 650 00
e. Central business district (CBD) . 1,200.00
f. Surcharge for advertising each item . . 1,200.00
(3) Variances:
a. CS, PR, R-1, R-2, (single-family and duplex
residential uses) . . . 250.00
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b. Piers, docks, wharves and the like, for each
variance from the ordinance, per lineal foot .
. 45.00
Minimum . . . 700.00
c. All applications for variances relating to the
same structure shall be assessed a single fee to
be calculated per square foot of gross floor
area of the proposed structure or addition,
based upon the definition of gross floor area
found in section 2502 of zoning ordinance.
0.10
Minimum . . . 650.00
(4) Application for variance as a result of a change
in approved plans or as a result of a violation
notice shall be charged an additional fee, per
variance:
a. CS, PR, R-1, R-2 . . . 250.00
b. All other residential districts . . . 450.00
c. All nonresidential districts . . . 550.00
d. Extension of time for variance . . . 500.00
(5) Special permits:
a. Garage sale permit . . . 25.00
b. Class I, except that for renewal of home
occupation licenses for citizens aged 65 and
over, and for applications under section 907.4
of the zoning ordinance, the fee is waived . . .
150.00
c. Class II:
1. Signs, fences, canopies, minor
appurtenances and minor repairs to be reviewed
as required by the text or schedule of district
regulations . . . 75.00
2. CS, PR, R-1, R-2, R-3, R-4, 0, G/1, C-1,
C-2, CBD, I:
i. Per square feet of gross building
area, based upon the definition of
building (section 2502 of the zoning
ordinance) . . . 0.023
ii. Minimum . . . 450.00
115. Nonsubstantial modification . 150.00
iv. Extension of time for a Class IT
special permit . . . 150.00
3. All other applications as required by the
text or schedule of district regulations . . .
150.00
4. Demolition . . . 150.00
5. Certificate of compliance in -lieu -of Class
II special permit . . . 50.00
Page 35 of 42
d. Special exception . . . 800.00
1. Special exception requiring automatic city
commission review . . . 2,000.00
2. Extension of time for special exception .
. . 500.00
3. Nonsubstantial modification . 400.00
4. Notice to adjacent property owners for
nonsubstantial modifications (per name on
matrix) . . . 3.50
e. Major use and/or applications for development
approval for developments of regional impact pursuant
to F.S. ch. 380 (including new applications and/or
proposed amendments to construct, add to, modify,
convert, demolish or amend such projects):
1. For residential projects not classified as
a "development of regional impact,` per square
foot of gross floor area (section 2502 of the
zoning ordinance) . . . 0.05
For nonresidential or mixed use
projects not classified as a
"development of regional impact,"
per square foot of gross floor area
(section 2502 of the zoning
ordinance) . . . 0.075
For alterations defined as a
substantial change, per square foot
of directly -affected floor area
(section 2502 of the zoning
ordinance) . . . 0.05
iii. Minimum for applications for
residential projects filed after
April 15, 1993 (except for
nonsubstantial and other amendments
as provided for in paragraph
(a)(5)e.3 below) . . . 5,000.00
iv. Minimum for applications for
nonresidential or :nixed use projects
filed after April 15, 1993 (except
for nonsubstantial and other
amendments as provided for in
paragraph (c) below . . . 7,500.00
v Maximum per phase for applications
for residential projects (except for
additional fees in paragraph
(a)(5)e.3 below) . . . 30,000.00
vi. Maximum per phase for applications
for nonresidential or mixed use
projects (except for additional fees
in paragraph (c) below
45,000.00
Page 36 of 42
vii. Nonsubstantial amendment. . 3,000.00
viii. Surcharges:
(a) Advertising . . . 1,150.00
(b) Traffic study review . . . 4,500.00
2. For residential projects classified as a
development of regional impact, per square foot
of gross floor area (section 2502 of the zoning
ordinance) . . . 0.075
For nonresidential or mixed use
projects classified as a
"development of regional impact,"
per square foot of gross floor area
(section 2502 of the zoning
ordinance) . . . 0.1
11. For alterations defined as a
substantial change, per square foot
of directly affected floor area
(section 2502 of the zoning
ordinance) . . . 0.075
iii. Minimum for applications for
residential projects filed after
April 15, 1993 (except for
nonsubstantial and other amendments
as provided for in paragraph
(a)(5)e.3 below) . . . 10,000.00
iv Minimum for applications for
nonresidential or mixed use projects
filed after April 15, 1993 (except
for nonsubstantial and other
amendments as provided for in
paragraph (c) below . . . 15,000.00
v Maximum per phase of a residential
project (except for additional fees
as provided for in paragraph
(a)(5)e.3 below) . . . 65,000.00
vi. Maximum per phase of a
nonresidential or mixed use project
(except for additional fees as
provided for in paragraph (c) below)
. . . 75, 000.00
vii. Nonsubstantial amendment .. 5,000.00
viii. Surcharges:
(a) Advertising . . . 1,150.00
(b) Traffic study review 4,500.00
3. Additional fees for any required changes
of zoning, variances or special exceptions shall
be in accord with the fees listed elsewhere in
this section. Only the nonsubstantial amendment
fee will be charged for an application for
nonsubstantial amendments, here defined as
pertaining only to procedure, timing and
closeout; only a public hearing fee as in item
(a)(7) below will be charged where an
application to amend a major use permit is
presented within two years of the date of first
issuance; otherwise the full fee will be
charged. When a major use permit also requires a
Page 37 of 42
special exception, class II, or class 1 special
permit, no additional fee will be charged for
the subsidiary special permit if the
applications are concurrent.
(6) Vacation of public right-of-way:
a. Original submittal:
1. Per square foot of right-of-way 0.90
2. Minimum . . . 1,200.00
b. Resubmittals:
1. Per square foot of right-of-way 0.90
2. Minimum . . . 1,200.00
3. Maximum . . . 1,700.00
(7) Petition for public hearing not covered elsewhere
in this section . . . 800.00
Petition for public hearing not covered elsewhere
in this section requiring city commission review .
. 2,000.00
(8) Certain resubmittals: In the event that any
application affecting land use is remanded to the
city commission or any city board, department or
agency by a court of competent jurisdiction or
that the underlying land use legislation is
declared unconstitutional, an applicant who
resubmits a similar application encompassing an
identical site plan shall pay an administrative
fee which shall be equal to 15 percent of the
then -current application fee plus all advertising,
notice and posting costs incurred by the city in
relation to the resubmittal.
(9) Public hearing, posting and public meeting mail
notice fees, including cost of handling and
mailing per notice . . . 3.50
Public hearing, posting and public meeting package
mailing fees; including cost of handling and
mailing per package sent . . . 5.00
(b) The maximum fee to be charged any
governmental agency other than the city for any public
hearing shall be $900.00 plus any costs for notice,
posting or advertising that may be required. The
maximum fee to be charged any institution of an
eleemosynary character for any change of zoning or
variance shall be $900.00 plus any costs for notice,
posting or advertising that may be required; any
Page 38 of 42
institution so applying shall submit its articles of
incorporation to the director of the department of
planning, building and zoning for a review prior to
acceptance of the application.
(c) A surcharge will be collected at the time of
application for item (a)(3) above, special exception
and special permits under item (a)(5) above, or
combination thereof, equal to the initial fee, not to
exceed $800.00 plus any costs for notice, posting or
advertising that may be required, except from agencies
of the city; such surcharge to be refunded to the
applicant if there is no appeal from a property owner
within 375 500 feet of the subject property.
Sec. 62-157. Request f r rcvicw Appeals of Class I
and II Special Permits and from Zoning Administrator
written interpretations and Planning and Zoning
Director written determinations; Fees.
(a) All requests f r rcvicw f dccici ns f the
z ning adminictrat r or the direct r f the department
f c mmunity planning, and revitalization r by the
zoning board appeals of Class I and II Special Permits
and from Zoning Administrator written interpretations
and Planning and Zoning Director written determinations
under article 18, of the zoning ordinance rdinancc N .
1-1000 (except agencies of the city) shall be
accompanied by a fee of $500.00 excluding any costs for
notice, posting or advertising that may be required;
provided, however, with respect to appeals of Class I
or II Special Permits, if the appellant demonstrates
that at least 20 percent of the property owners located
within 375 500 feet of the subject property which has
been granted a class I or class II special permit shall
join in the appeal, in writing, request review within
the time limits set out, then no review fee shall be
charged.
(b) All requests for review of decisions of the
zoning board as reviewed under articles 16 and 19,
Ordinance No. 11000, as amended of the city, except
those requests for review initiated by an agency of the
city, shall be accompanied by a fee which shall be the
equivalent of the fee originally charged the applicant
as set out in section 62-156, with a maximum fee per
review request of $800.00 excluding any costs for
notice, posting or advertising that may be required;
provided, if an owner in fact of property within 375
500 feet of a property involved in a decision of the
Page 39 of 42
zoning board shall join in the appeal, in writing
rcqucst rcvicwithin the time limits set out, then no
fee shall be charged as a prerequisite to consideration
by the city commission of the request for review.
(c) Zoning items scheduled to be heard by the
city commission can be withdrawn, deferred, rescheduled
or denied as set forth by city commission policy. Items
scheduled before the city commission which are
rescheduled at the applicant's request shall be
assessed a rescheduling fee based on the original fee,
not to exceed $600.00, excluding any costs for re -
notice, posting or advertising that may be required
such fee to be paid by the applicant.
(d) Where the city commission itself may initiate
a request for review, such request shall be initiated
only by duly adopted resolution of the commission.
(e) All fees for requests for review on
rescheduling of items before the zoning board or city
commission, as described in this section, shall be due
at the time of filing for said review or rescheduling.
Sec. 62-158. Fee payment deferred.
Notwithstanding any provisions to the contrary
contained in this Code or the zoning ordinance relative
to development activity in a redevelopment district
duly designated as such by the city commission pursuant
to the Community Redevelopment Act of 1969, as set
forth in F.S. ch. 63, except for the cost of required
advertising, notices and postings, major use special
permit fees (including constituent elements of said
permit such as rezonings, variances, special exceptions
and special permits) may be partially deferred for any
amount above the minimum application fee of $5,000.00
as specified in article VI, section 62-156(5) of this
Code, until such time as the initial building permit
for the subject property is requested or for a period
of one year from issuance of the major use special
permit, whichever occurs first. In order for said fees
to be deferred the subject property owner(s) shall
provide the city with a recordable document acceptable
to the city attorney, evidencing said financial
obligation and placing a lien on the subject property
for the amount of such deferred fees, said document
shall be recorded at the permittee's expense
immediately upon issuance of the major use special
permit by the city commission.
Page 40 of 42
Sec. 62-159. Waiver of fees.
The fees required under this chapter may be waived
by the director of planning for entities and agencies
of the City of Miami.
Article VI - reserved
*
Section 5. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 6. 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 7. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.-2-7
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2004.
Wi 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.
Page 41 of 42
this
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
ATTEST:
day of , 2004.
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1550:BSS:YMT
MANUEL A. DIAZ, MAYOR
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