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Legislation
Ordinance
City Hall
3500. Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01249zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, KNOWN AS THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, DIVISION 1, ENTITLED "PROCEDURES", SECTIONS 7.1.1.5,
ENTITLED "CITY COMMISSION", AND 7.1.5, ENTITLED "APPEALS", TO EXPAND
THE SCOPE OF APPEALS FROM THE PLANNING, ZONING AND APPEALS
BOARD TO INCLUDE CERTIFICATE OF USE REVOCATIONS; PROVIDING FOR
INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), codifies the power of the Zoning Administrator to grant, deny,
and revoke Certificates of Use; and
WHEREAS, Article 7 of the Miami 21 Code provides for an appeal to the Planning, Zoning and
Appeals Board ("PZAB") of the decision of the Zoning Administrator to revoke a Certificate of Use; and
WHEREAS, Article 7 in its current form does not provide for a subsequent appeal to the City
Commission of a decision by the PZAB on an appeal of a Certificate of Use revocation; and
WHEREAS, Article 7 of the Miami 21 Code of the City of Miami ("City Code") currently regulates
procedures for quasi-judicial hearings and quasi-judicial Boards, and therefore, it is appropriate to
provide additional procedures in Article 7 relative to the appeal of decisions regarding Certificates of
Use; and
WHEREAS, on September 29, 2015, the PZAB recommended APPROVAL, by a vote of eight to
zero (8-0), to the City Commission;
NOW THEREFORE, BE IT RESOLVED 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 fully set forth in this Section.
Section 2. The Miami 21 Code is hereby amended by making modifications to Article 7 in the
following particulars:{1}
"7.1.1.5 City Commission
The City Commission, in addition to its duties and obligations under the City Charter, the City
Code, and other applicable law, shall have the following duties specifically in regard to the
Miami 21 Code:
City of Miami Page 1 of 2 File Id: 15-01249zt (Version: 2) Printed On: 10/26/2015
File Number: 15-01249zt
e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of a
zoning interpretation, Certificate of Use revocation, planning determination, Warrant, Variance
or Exception.
7.1.5 Appeals
Appeals to the appropriate appellate body from the following decisions shall be made as
follows:
*
e. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a zoning
interpretation appeal, Certificate of Use revocation appeal, planning determination appeal or
Warrant appeal: to the City Commission."
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 Miami 21 Code, which provisions may be renumbered or re -lettered
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 immediately upon adoption and signature by the
Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
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
(10) calendar 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 2 of 2 File Id: 15-01249zt (Version: 2) Printed On: 10/26/2015