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Legislation
Ordinance
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Miami, FL 33133
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File Number: 12-01296zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES",
SECTION 7.1.2.8.B.1., TO ESTABLISH APRILAND OCTOBERAS THE INITIAL
CITY COMMISSION PLANNING AND ZONING PUBLIC HEARING DATES TO
CONSIDER MIAMI 21 ATLAS AMENDMENTS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December
5, 2012, following an advertised public hearing, adopted Resolution No, PZAB-R-12-052 by a vote of
ten to zero (10-0), item no. 11, recommending APPROVAL of this amendment as set forth; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami
21 Code ("Miami 21"), as the City of Miami's ("City's") Zoning Ordinance; and
WHEREAS, public officials, stakeholders, residents, and general public expressed interest in
consolidating zoning amendment reviews to be considered semiannually to better understand the
overall cumulative impacts of zoning changes to the City's neighborhoods; and
WHEREAS, establishing reoccurring dates for initial public hearing for Miami 21 Atlas amendments
is in the public interest; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City and its citizens to amend the Zoning Ordinance as
hereinafter set forth, establishing April and October as the initial City Commission Planning and Zoning
public hearing dates to consider Miami 21 Atlas amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Miami 21 Code, as the City of Miami's Zoning Ordinance, is
hereby amended by making modifications to Article 7 in the following particulars: {1}
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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7.1.2.8. Amendment to Miami 21 Code
b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of
this Code.
1. The City will consider Miami 21 Atlas amendments (also referred to as a "rezoning", including
Special Area Plans) may only be applied for at two times of -the a year, at the City Commission
Planning and Zoning (P&Z) public hearing dates in April and October of each calendar year; which
times shall set yearly b„ the Cit„ C„mmission, A rezoning to a CS Transect Zone, and any rezoning
initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals
Board shall make recommendations to the City Commission for such amendments to the Miami 21
Code.
Applications for Atlas amendments shall be filed semiannually with the Planning and Zoning
Department up to, but no later than, forty five (45) days before the first hearing of the Planning Zoning
and Appeals Board XPZAB) in March and up to, but no later than, forty five (45) days before the first
hearing of the Planning Zoning and Appeals Board (PZAB) in September. If accepted, the application
will be scheduled for the Planning, Zoning and Appeals Board public hearing in March and September,
respectively, with the objective of utilizing the reoccurring semiannual City Commission schedule
established herein.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions
may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami
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File Number.: 12-01296zt
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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