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Ordinance
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3500 Pan Amerloan
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Miami, FL WM
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XUa Numb'i 1,641552 Fin RI A, ation Dator
AN ORDINANCE OF THE' MIAMI CITY COMMISSION AMENDING CHAPTER
/ARTICLE IV/DIVISION 2 OF THE, CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT", MORE PARTICULARLY BY AMENDING SECTION
2,211 ENTITLED -"DENIAL OR REVOCATION OF. CERTIFICATE. OF USE", TO
pRovim A PROCESS TO APPEAL THE DENIAL OR REVOCATION OF A
CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE,
WHEREAS, the Code of the City of Miami, Florida, as amended ("Clty Code"), currently permits
the appeal of the denial or revocation of a Certificate of Use by the Zoning Administrator to the
PlannIng, Zoning and Apple Board ("PZAD"); and
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WHEREAS,. It Is desirable to- establish a vehicle for the appeal. of the decision of the PZAB to the
City Commission; .
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORID&
Section 1, The recitals and findings contained In the Proamblo of this Ordinance are adopted by
reference and incorporated as If fully set forth inthis Section,
Section 2, Chapter 2/Artlole IV/Divislon 2 of tho City Code, Is amended in the 'following
partloulars:i1)
"CHAPTER 2
ADMINISTRATION
*
ARTICLE IV
DEPARTMENTS
DIVISION 2
PLANNING, BUILDING -AND ZONING DEPARTMENT
CIp 0fUlanit
Page 1 of 3 Mold: 15.01352 010Asion 1) Matra, Om 11/23/2015
File Number: 15-01552
Sec. 2-211, - Denial or revocation of certificate of UM
(a) The zoning 'administrator may deny the issuance or renewal of a certificate of use for good
cause,
(b) Revocation of certificate of use, The zoning administrator may revoke a certificate of use for any
of, but not limited to, the following reasons;
(1) The applicant provided a material false statement in the application or In the supplemental or
additional statements of fact or studies required by the city,
(2) There is a failure to comply with the terms or conditions of the certificate of use.
(3) There is a violation of the provisions of this division.
(4) The certificate of use holder subsequent to being issued a certificate of use, has been
convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance of Miaml-Dade
County or the city, which violation resulted from actions relating to the terms or conditions of
the certificate of use.
(5) The certificate of use holder is engaging or has engaged in an activity from the proposed
premises that is not In compliance with e zoning ordinance or other city ordinance.
The zoning administrator shall send written notice of the revocation, reason for the revocation
and the effective date of the revocation to the holder of the certificate of use, at the address of
record on file with the city.
.(o) Appeal, If a certificate of use is denied or revoked, the applicant or an. aggrieved party who is,
Within five hundred feet of the proaut _may file an appeal with the office of hearing boards within
15 days of the decision to 'deny or revoke the certificate of use. The appeal shall be heard at the
next available .regular meeting of the Planning, Zoning and Appeals Board, The decision of the
Planning, Zoning crd Appeals Board regardinvi certificate of use may be appealed to the City
Commission b' an apsigant, en eggrievedmjyr who xeoiatroPay within fly
hundred (500) feet of the affeoted_prop_Eslyor the Planning and Zoning Department,
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, This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof,{2}
APPROVED AS TO FORM AND CORRECTNESS:
Vk1ORiA INDEZ
CITY ATTORNEY
CIO of kilalni
Page 2 of 3 Ftle Id: 15-01552 (Verslon; 1) Printed On; 11/23/201.5
Ho Number 16-01652
VootnoterA
{1} Words and/or figures stricken through shall be deleted, Underscored words and/or figures shall be
added. The remaining provisions are not In effect and remain unchanged, Asterisks Indicate omitted
and unchanged material,
,(2). This Ordinance shall become effective as specified herein unless vetoed by ihe Mayor within ten
(10) days from the date itwas 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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Pago 3 af 3
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?Weld,. 15.01552 (Version; 1) Printed 0411/23/2015