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Home My WebLink AboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00830zt Final Action Date: 10/28/2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY (1) DELETING ARTICLE 14, ENTITLED, "CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS," IN ITS ENTIRETY AND PROVIDING FOR SAID PROVISIONS TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND (2) AMENDING ARTICLE 13, ENTITLED, "SPECIAL PERMITS; GENERALLY," TO DELETE REFERENCES TO CLASS I SPECIAL PERMITS; 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 the provisions governing the application and issuance of a Class I Special Permit by the Zoning Administrator should be removed from the Zoning Ordinance and incorporated into Chapter 62 of the City Code; 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 hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000 of the City of Miami, Florida, as amended, is amended by deleting, in its entirety, the provisions contained in Article 14, entitled "Class / Special Permits, detailed requirements,"and substituting in lieu thereof, the following language in Article 14: "Provisions and regulations relating to Class I Special Permits are set forth in Chapter 62 of the Code of the City of Miami, Florida, as amended." Section 3. Ordinance No. 11000 of the City of Miami, Florida, as amended, is further amended by amending Article 13, entitled "Special Permits; Generally," to delete all references to Class I Special Permits, in the following particulars: {1} "ZONING ORDIANCE CITY OF MIAMI, FLORIDA ARTICLE 13. SPECIAL PERMITS; GENERALLY City of Miami Page 1 of 4 File Id: 07-00830zt (Version: 1) Printed On: 9/23/2024 File Number: 07-00830zt Sec. 1301. Classes of special permits; intent; agent, agency, or body responsible for each; referrals. Four (4) classes of special permits are hereby established, ranging from those dealing with uses, occupancies, and activities of a temporary nature or likely to have small but potentially adverse impacts on adjacent and nearby properties to those with substantial effects on neighborhoods and/or the City. They are ranked in the following order: Class I Special Permit, Class 11 Special Permit, Special Exception and Major Use Special Permit. When more than one (1) special permit is required to address the same issue, the highest ranking permit granted shall be considered sufficient. Criteria from all applicable special permits will be utilized in the review and approval of such permits. Classes of special permits, their intent, and the agent, agency, or body responsible for each, and referrals are as follows: 1301.1. Class / Special Permits;_ intent; a metered-b - nirg „dministrator; mTandatory referrals. ��' P It is intended that Class I Special -Permits be required where specified uses or characteristics of use are of a temporary nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In general, such determinations and reviews will determinations shall be the responsibility of the zoning administrator. Decisions of the zoning received on referrals as provided in Article 14, Section 1402. Provisions and regulations relating to Class I Special Permits are set forth in Chapter 62 of the Code of the City of Miami, Florida, as amended. 1301.2. Class 11 Special Permits; intent; determinations by Director of department of Planning and zoning; referrals. Sec. 1305. Considerations generally; criteria; standards; findings and determinations required. TABLE INSET: Please see the attachment-fsr-cem„lete legislation. City of Miami Page 2 of 4 File Id: 07-00830zt (Version: 1) Printed On: 9/23/2024 File Number: 07-00830zt 1305.1.2. Criteria. RESERVED based on the criteria utilized by the different agencies upon which referrals wcrc madc. Such critcria 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 Special Permit. 1305.2 Design review criteria. As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following considerations and design criteria as specified on the following table shall apply to issues related to design, character and compatibility of the proposed application in addition to any other specific consideration(s) set forth elsewhere in this zoning ordinance, the City Code, or any other applicable regulation(s). Special consideration shall also be given to redevelopment activity within Community Revitalization Districts and/or where a plan is in place. For the purposes of this Section a "plan" shall mean a master plan, Design Guides and Standards or special zoning district. 1305.2.1. Status of prior development and application for development. All development in existence, or any complete application for development filed prior to January 1, 2004 that does not comply with the criteria specified in Section 1305.2 shall not be considered a non -conformity for purposes of Article 11 and all other applicable Sections of this ordinance. 1305.3. Use and occupancy criteria. As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following considerations and criteria as specified below shall apply to issues related to use and occupancy of the proposed application in addition to any other specific consideration(s) set forth elsewhere in this zoning ordinance, the City Code, or any other applicable regulation(s). 1305.3.1. Manner of operation. Review for adequacy shall be given to the manner in which the proposed use will operate given its specific location and proximity to less intense uses. Particular consideration shall be given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. 1305.3.2. Design. Applicable design review criteria as specified in Section 1305.2 shall apply. City of Miami Page 3 of 4 File Id: 07-00830zt (Version: 1) Printed On: 9/23/2024 File Number: 07-00830zt *11 Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention o 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: 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. City of Miami Page 4 of 4 File Id: 07-00830zt (Version: 1) Printed On: 9/23/2024