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1•01•41*•••
YIN Nothen 1,01552
Final /1/2:otion.Datol
AN ORDINANCE OF THE MIAMI CITY COMMISSION MENDING CHAPTER
2/ARTICLE IV/DIVISION 2.0F THE CODE OF 'THE CITY or MIAML FLoRIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTSIPLANNING, BUILDING
AND ZONING DEPARTMENT", MORE PARTICULARLY BY AMENDING SECTION
2.211 ENTITLED "DENIAL OR REVOCATION OF CERTIFICATE. OF USE", TO
PROVIDE 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 ("City Code"), currently permits
the appeal of the denial or revooatIon of a Certificate of Use by the Zoning Administrator to the
Planning, Zoning and Appeals Board ("PZAB"); and
WHEREAS, It Is closlrabIe to establish a vehicle for the appeal. of the .cleolsion of the PZAI3 to the
Olty Commission;
NOW, 'THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA
Section 1, The recitals and findings contained in the Preamble of this Ordinance are adopted by
reference and inoorporated as If fully et forth lnthis Section,
Section 2, Chapter 2/ArtIcie IV/DivIsion 2 of the City Code, Is amended In the following
particulars:0}
"CHAPTER 2
ADMINISTRATION
*
ARTICLE IV
DEPARTMENTS
*
DIVISION 2
PLANNING, BUILDINGAND ZONING DEPARTMENT
*
cuy ofMiolni
Pogo of3
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Pm ; 1$.01352 (liorsion: 1) PpInfed On:1143/2015
File Number:15-01552
Sec. 2-211, - Denial or revocation of certificate of use,
(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 revokera certificate of use for any
of, but not limited to, the following reasons:
(1) The applicant provided. 8 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 he pled guilty to, a violation of a law of Florida, or ordinance of Miaml-Dade
County or the city, which violation resulted from actions rotating 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 complianoe with a 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 et the address of
record on file with the city.
(o) Appeal, If a certificate of use is denied or revoked, the applicant or an add.rieved arty,who Is
within five hundred feet of the property 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. Y he decision of the
PlannInq, Zoning and Appeals 9oard redardIngea Certificate of use may be appealed to the City
Commission by, anApplicant, an adprieveci party who resides or owniproperty within five
hundred (500) feet of the affected properly, or 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:
V ORIA ENDEZ
CITY ATTORNEY
CO of Main/
Page 2 0,1'3
Ftfe Id: 15-01552 (Versloit: I) Printed Ow 11/23/2015
Me Number: 16-01662
Vootnot,Gs
(1) Words and/or figures strioken 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 the Mayor within ten
(10) 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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