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File Number: 07-00828zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED,
"ZONING AND PLANNING," TO CREATE NEW ARTICLE XII, ENTITLED,
"ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL
PERMIT REQUIRED," TO ALLOW FOR THE ZONING ADMINISTRATOR TO
AUTHORIZE CERTAIN TEMPORARY USES AND OCCUPANCIES AND SET
FORTH PROVISIONS FOR CLASS 1 SPECIAL PERMITS; MORE PARTICULARLY,
BY CREATING NEW DIVISION 1, ENTITLED, "CLASS I SPECIAL PERMITS,"
CONSISTING OF SECTIONS 62-501 THROUGH 62-512; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami is in the process of adopting a new Zoning Ordinance; and
WHEREAS, it has been determined that certain provisions related to Special Permits,
particularly Class I Special Permits, contained in the Zoning Ordinance be removed from the Zoning
Ordinance and incorporated as part of the Code of the City of Miami, Florida, as amended;
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 62, as amended, the Code of the City of Miami, Florida, is hereby amended
by adding new Article XII, entitled " Zoning Approval for Temporary Uses and Occupancies, Special
permit Required," in the following particulars: 1}
CHAPTER 62 Zoning and Planning
ARTICLE XII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
SPECIAL PERMIT REQUIRED
Division 1. Class l Special Permits
Sec. 62-501. Intent.
In addition to zoning procedures and requirements as set forth in the Zoning Code, a
Class I Special Permit System is hereby established to assure special examination, review, and
findings by appropriate agents, agencies, or bodies of the City related to proposed temporary
uses and occupancies.
Sec. 62-502. Administered by Zoning Administrator, mandatory referrals.
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Class 1 Special Permits shall be required where specified uses or characteristics of use
are in a temporary nature requiring mandatory technical determinations or reviews to establish
special conditions and safeguards. In general, such determinations and reviews will normally
be by agencies or officers other than the Department of Zoning, and may involve matters such
as design for traffic, parking and loading facilities, health and environmental considerations,
and legal determinations.
The administration and processing of applications for Class I Special Permits, and for
determination shall be the responsibility of the Zoning Administrator. Decisions of the Zoning
Administrator regarding Class 1 Special Permits shall be affected and limited by reports
received on referrals as provided below.
Sec. 62-503. Procedures and regulations,
A. Applications for Class I Special Permits shall be submitted on application forms as provided
by the Zoning Administrator and shall be accompanied by such plans, reports, or other
information, exhibits, or documents as may be reasonably required to make the necessary
findings in the case.
S. Approvals shall be issued when such application complies with all applicable criteria.
C_ Conditional approvals shall be issued when such applications require conditions to be in
order to be found in compliance with applicable criteria.
D. Denials of applications shall be issued if after conditions and safeguards have been
considered, the application still fails to comply with all applicable criteria.
Sec. 62-504. Conditions and safeguards.
The Zoning_Administrator shall have authority to attach to the grant of a Class 1
Special Permit such conditions and safeguards as may be necessary.
Such conditions and safeguards, if attached to grant of a Class 1 Special Permit,
shall be based upon and consistent with considerations and standards applicable to the
Class 1 Special Permit as set out in this Code, and in other provisions relating to Class I
Special Permits. The requirement for any such conditions or safeguards shall be
supported by stated reasons, based upon such considerations and standards, and no
such condition or safeguard shall establish special limitations and/or requirements
beyond those reasonably necessary for the accomplishment of the purpose for which
the condition or safeguard is attached.
Failure to comply with conditions and safeguards, when attached to grant of a
Class I Special Permit, shall be deemed a violation of this Code.
Sec. 62-505. informal notice and hearing.
No formal public notice and hearing are required in connection with Class I Special
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Permit procedures: however, the following is required;
1. Notice required by applicant to adjacent property owners. At the tie of initial
application, the applicant shall notify all abutting property owners including those across
a street or alley, in approved City form, by certified mail, and shall submit with the
application said certified receipt(s). except in the case of signs, where no notice is
required.
In the case of adjacent condominiums, only one (I) notice to the condominium
association will be sent.
2. Required courtesy notice to registered neighborhood and/or homeowner
associations. All neighborhood and/or homeowner associations that wish to receive a
courtesy notice of Class I Special Permit applications in their areas shall register with
their Neighborhood Enhancement Team (NET) Office on a yearly bases. Such
registration shall consist of a letter to the applicable NET office in which the association
shall request such notification and shall specify the name, address. telephone number
and electronic mail (e-mail) address of the official representative of the association
designated to receive said notice and a list of all the officers of said association.
At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations pertaining to the applications in question
from the Department of Zoning and shall notify the official representatives of all such
registered associations in writing, by certified mail, of the application; the applicant shall
submit with the application said certified receipts, except in the case of applications for
signs, in which case no notice is required.
Sec. 62-506. Temporary use/occupancy; criteria and mandatory referrals.
As appropriate to the nature of the temporary use and/or occupancy and particular
circumstances of the case, the following conditions enumerated in this subsection in addition to
any other specific consideration(s) set forth in any other applicable regulation(s) shall apply:
Referrals: The Zoning Administrator shall make referrals as specified herein based on
the nature of the application.
Zoning: Review by zoning for compliance with applicable zoning regulations.
Fire: Referrals to the Fire Rescue and Inspection Services department for review of fire
safety controls as determined by the department.
Police: Referral to the Police Department for review of traffic safety, including
provisions of traffic monitors; crowd control measures; and any other life/safety issues as
determined by the department.
NET: Referral to the appropriate NET Service Center Office for review and approval of
operational plan, which shall include number of trash receptacles and locations; frequency of
trash pick-up, name and 24 hour telephone number of contact person responsible for handling
maintenance and/or emergency issues, noise control measures and any other specific
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considerations that the NET Administrator deems necessary in order to make an informed
recommendation based on the nature of the application.
Other. Referral to other governmental agencies with the necessary expertise that the
Zoning Administrator requires based on the nature of the application in order to make an
informed decision.
TABLE INSET
Please see the attachment for complete legislation.
Sec. 62-507. Criteria.
Approvals of Class i Special Permits for temporary activities by the Zoning
Administrator shall be based on the criteria utilized by the different agencies upon which
referrals were made. Such criteria shall be as determined by each of the technical agencies
and as regulated by other applicable laws. The Zoning Administrator shall review comments as
provided by each agency to determine whether the proposed request for temporary activity
complies with all of the individual criteria. A recommendation of denial by any particular agency
shall be accompanied by specific findings from such agency which enumerates how the
request does not comply with their individual criteria. The duration of each such temporary
use/occupancy shall be clearly stated within the approved Class I Special Permit.
1. Temporary Special Events:
Where a temporary carnival, festival, fair or similar type event is permissible on privately
owned or City -owned land by a Class I Special Permit, the event shall be subject to the
applicable criteria. In addition, the following conditions, criteria and limitations apply:
(a) Temporary events which include mechanical rides are permissible only on Thursdays,
Fridays, Saturdays and Sundays and/or legal holidays, unless other days are approved
by the City Commission. Otherwise, on all other days, these events shall be permitted
only at Watson Island, Virginia Key and Bicentennial Park and the facilities and parking
lots of Miami Marine Stadium, and the Orange Bowl Stadium.
(b) Temporary events not including mechanical rides are permissible on any day of the week.
jcl No more than two (2) temporary events shall be permitted, per site, each for a maximum of
two (2) weeks, on private property per year; no more than ten (10) temporary events
shall be permitted, per site, each for a maximum of two (2) weeks, on public property
per year, unless approved by the city commission.
The limitation of two (2) temporary events per site on private property per year may be
waived by a four -fifths (4/5) affirmative vote of the city commission, to permit not more
than a total of four (4) temporary events per site on private property per year.
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id Adjacent property owners and residents shall be notified of the temporary event by the
applicant. and the applicant shall submit to the Zoning Administrator an affidavit signed
by the residents certifying such notice before the Class 1 Special Permit is approved.
(e) Tern orar events ro osed on ublic ro ert rrsust be a roved b other cit
departments, prior to the issuance of a Class 1 Special Perrnit.
(f) The city manager is authorized to establish required procedures and to attach any further
limitations or conditions deemed essential for the health and general welfare of the
public.
2. Temporary automobile sales. Temporary automobile sales are permissible on privately
owned or city owned land by a Class I Special Permit, subject to the applicable criteria and in
addition. the following conditions, criteria and limitations apply:
(a) Temporary auto sales shall only be permitted on sites five (5) acres or greater and in
Institutionally zoned properties or within zoning districts that allow car sales as a
permitted use.
(b) Temporary auto sales shall not be conducted any closer than three hundred (300) feet from
any residentially zoned property within the city, except within such zoning districts where
the use is permissible or on city owned land, in such cases. no distance limitations shall
apply.
(c) A temporary auto sales event shall be held for a maximum of six (6) consecutive days.
(d) Only eight (8) temporary auto sales event shall be permitted per year per site in addition to
the two (2) temporary special events already permitted in this section for non public
properties and ten permitted for public properties (i.e. for a total of ten (10) or eighteen
(18) as the case may be).
(e) A department of motor vehicles current dealer license shall be provided with the application
for Class I Special Permit.
, Any proposed tent, air balloons, or banners shall be situated clear of all ingress or egress
points.
cg In addition to those items listed within this section, the applicant shall submit an operational
plan for the proposed use at the time of application and shall be responsible for
adhering to the approved plan.
(h) Applicant shall be responsible for all trash removal after event.
Restrooms or portable toilets shall be made available to all patrons and employees.
Separate sign permits shall be required for any balloons or banners.
3. Garage sales/yard sales: special permits. Where garage and yard sales are permissible,
the following limitations and requirements apply:
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(a) Only secondhand household goods of the owner or lessee of the property may be sold or
offered for sale. Items for sale shah not include automobiles. new oods. or oods on
consignment.
(b) Only one (1) sign of four (4) square feet in area may be erected for each lot line adjacent to
a street. and only for the duration of the sale.
(c) Hours of sale shall be between the hours of 8:00 a.m. and 6:00 p.m. only.
(d) Items for such sale shall be displayed only within the property lines.
(e) Any garage or yard sale shall be limited to no more than two (2) consecutive days; no more
than two (2) garage or yard sales shall be held from the same property within any
twelve-month period.
.f The owner or lessee agrees to allow any City of Miami inspector to enter upon the property
for the purpose of determining that the sale is being conducted in accordance with this
ordinance and to produce the permit if requested.
(g) All Class I Special Permit fees shall be as required by this Code.
Sec. 62-508. Referrals; time limitations; effect.
1. Reports required from other officials or departments; time limitations.
Regulations set out in this section, or administratively adopted pursuant to it and in
accordance with its terms and purposes, require referral of the application for a Class 1 Special
Permit and related materials, or appropriate parts, to other officials or departments for review,
analysis, and/or technical findings and determinations and reports, relating to their fields of
specialization. Within five (5) calendar days of receipt of applications for Class I Special
Permits by the Zoning Administrator, the Zoning Administrator shall make such referrals to
such other officers, agencies, or departments as are required in the case by this code or which
are, in the Zoning Administrator's judgment, necessary to proper disposition of the application;
and no Class I Special Permit shall be granted without all reports required in the particular
case. The applicant shall be notified in writing of such referrals, and the same shall be a part of
the permanent record in the case,
Reviews, analyses, and/or technical findings requested by such referrals shall be
returned to the Zoning Administrator within ten (10) calendar days of the reference, unless the
applicant and the Zoning Administrator shall mutually agree to a time extension in writing and
for good cause shown; in which case the extension and its length shall be noted on the referral.
2. Effect of required reports on issuance or denial of Class I Special Permits; on attachment of
conditions and safeguards.
Where a report based on required review, analysis, and/or technical determination
indicates that granting the Class I Special Permit in accord with the application, with or without
conditions and safeguards: would be contrary to the terms, requirements, or purposes of this
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code. the Zoning Administrator shall deny the application. Any application which does not
comply with all of the requirements or criteria specified herein shall be denied.
Where such report indicates that the application is in conformity with the terms,
requirements, and purposes of this code. or that specified conditions and safeguards, if
attached, would result in such conformity, the Zoning Administrator may grant the Class I
Special Permit, but shall include any conditions and safeguards specified. It is expressly
provided, however, that favorable reports from any or ail of the officials or departments to which
mandatory referrals are made shall not require issuance of a Class Special Permit if the
Zoning Administrator determines that there remains lust and adequate cause for denial based
on the failure to meet the required standards.
Sec. 62-509. Time limitations; conferences; notification of decision.
1, Notifications concerning intended decisions.
Where referrals are made, the Zoning Administrator shall notify the applicant in writing
of the intended decision and the reasons within fifteen (15) calendar days of the receipt of the
application for Class I Special Permit unless a longer period is specified by mutual consent in
writing and for good cause shown by the applicant and the Zoning Administrator, but in no
event shall such notification of intended decision be made before the reports, analyses, and/or
technical findings required by this code of the referenced officers, agencies, or departments
have been received by the Zoning Administrator.
2. Request by applicant for conference; time limitation; applicant to have access to record.
Within five (5) calendar days of receipt of such notification, the applicant may request a
conference between the applicant and/or the applicant's agent and the Zoning Administrator
and such representatives of the referenced officers, agencies. or departments as the applicant
desires, for the purpose of presenting additional facts, argument, information, or data in
support of the applicant's position.
Prior to such conference, the applicant shall be given full opportunity to examine all
reports submitted on referrals in the case, as provided herein. Information on which decision is
based shall be public and available to applicant.
3. Zoning Administrator to arrange conference: conference to be convened; effect of failure to
appear.
Upon request for such a conference, the Zoning Administrator shall be responsible for
informing representatives of those referenced officers, agencies, or departments indicated by
the applicant, and for setting a mutually agreeable time for such conference.
If any of the designated representatives fail to appear, the Zoning Administrator shall
enter such fact in the record on the case and proceed, with any other designated
representatives present, to hear the applicant, unless the applicant requests a postponement.
If the applicant fails to appear, the Zoning Administrator shall enter such fact in the
record on the case, and may either arrange another conference if the Zoning Administrator
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finds adequate cause for the absence or proceed to make his decision as though the
conference had been held.
Decision of Zoning Administrator: Elate limitations; further action on permits.
Within five (5) calendar days after such conference or, if no conference is requested,
within ten (10) calendar days after notification of intended decision. unless a longer period is
specified by mutual consent in writing and for good cause shown between the applicant and the
Zoning Administrator. the Zoning Administrator shall reach a final decision and shall notify the
applicant of such decision, with reasons.
Sec. 62-510. Withdrawal of application; effect of withdrawal.
An application for a Class 1 Special Permit may be withdrawn by the applicant at any time
prior to decision without limitation on resubmittal, but if withdrawn after the final decision has
been issued, substantially the same application shall not be considered within twelve (12)
months of date of withdrawal.
Sec. 62-511. Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the Zoning
Administrator in granting, granting with conditions or safeguards, or denying a Class 1 Special
Permit, or any officer, department, or bureau of the City. may seek review of decisions made
for Class I Special Permit by appeal to the Zoning Board in the manner set forth elsewhere in
this Code, the zoning ordinance, the applicable laws of Florida. or any other applicable
regulation(s) that shall apply for the permit involved.
Sec. 62-512 - 62-550. Reserved.
Division 2.
Sec. 62-551-62-600. Reserved
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 apart of the Code of the City of Miami, Florida, as amended 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 thirty (30) days after final reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS
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JORGE L. FERNANDEZ
CITY ATTORNEY
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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