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File Number: 9313 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY
AMENDING ARTICLE 1, SECTION 2 TITLED "DEFINITION OF TERMS", AND
ARTICLE 7 SECTION 1, TITLED "APPLICATION AND REVIEW PROCESS",
MORE SPECIFICALLY SECTION 7.1.3.2 TITLED "GENERALLY" AND
SECTION 7.1.3.8 TITLED "RESUBMISSION AND WITHDRAWAL OF
APPLICATIONS REQUIRING PUBLIC HEARING", TO PROVIDE CLARITY AND
COMMUNICATE PROCESS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 1, 2018, the City of Miami ("City") implemented electronic
permitting review ("ePlan"). Residents, design professionals, business owners, and property
owners submit requests for special permits and entitlements through ePlan for concurrent
review by the City's professional staff; and,
WHEREAS, some of these requests for special permits and entitlements require
Planning, Zoning and Appeals Board ("PZAB"), City Commission review, or review by both
decision -making bodies; and,
WHEREAS, on March 25, 2021, the City Commission adopted Ordinance 13981
approving a comprehensive update to the Planning and Zoning fees; and,
WHEREAS, the process for scheduling of requests for special permits and entitlements
before a decision -making body needs to be updated to harmonize with the City's electronic
permitting process and with Ordinance 13981; and,
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on ,
following an advertised public hearing, adopted Resolution No. PZAB-R- - by a vote of
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and,
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment, as stated herein, and approves the passage of this ordinance
necessary; and,
WHEREAS, the City Commission approves the proposed text amendment, as stated
herein, because it finds that it is in the best interest of the City and its residents to amend the
Miami 21 Code.
City of Miami Page 1 of 5 File ID: 9313 (Revision:) Printed On: 5/29/2025
File ID: 9313 Enactment Number:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA1:
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. Article 1 of the Miami 21 Code is further amended by making modifications in
the following particulars2:
"ARTICLE 1.2 DEFINITION OF TERMS
PZ Project — The unique number assigned to one request submitted through the City's
electronic plans review system (or successor system). A PZ Project includes, but is not limited
to, Exceptions, Warrants, Waivers, Historic and Environmental Preservation approvals, and any
other zoning entitlement or process that may be included in such a review system.
Batch Stamp — The "Ready for Public Hearing" seal adhered onto the upper right-hand
side of a PZ Project's approved documents and plans through the City's electronic plans review
system (or successor system).
Referral to Hearing Boards — The date shown inside the Batch Stamp seal. A PZ
Project which has other projects tied to it, commonly referred to as companion items, shall have
all associated projects Batch Stamped on the same day.
Hearing Activity After Batch Stamp - The act of a PZ Project being part of a published
meeting agenda no later 180 days from the date of Referral to Hearing Boards. The calculation
of the 180-day time period shall exclude the month of August. If the 180th day date is a
Saturday, Sunday, or City recognized holiday, then the 180th day shall be the following
business day at 5:00 PM.
Hearing Boards Checklist Items - The items and documents that need to be provided
to Hearing Boards through the electronic plans review system (or successor system).
Review Activity - The act of an Applicant providing through the City's electronic plans
review system (or successor system)a thoughtful, coherent, and grammatically correct written
response for each City staff comment provided in a PZ Project, and providing updated drawings
and documents that address unmet City comments from a prior review cycle. Review Activity
does not include submission of any materials that do not address City staff comments. Review
Activity also does not include meeting with City staff.
Section 2. Article 7 of the Miami 21 Code is further amended by making modifications in
the following particulars:
ARTICLE 7.1.3.2 Generally
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)
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 5 File ID: 9313 (Revision:) Printed on: 5/29/2025
File ID: 9313 Enactment Number:
a. The Zoning Office shall direct refer through the City's electronic plans review system
(or successor system) an applicant an application for a permit under this Code to the
appropriate office that requires reviews by other City departments for the review of the permit
application by issuing a Zoning Referral. Preapplication package forms for specific permits shall
be provided by the city administration to assist the applicant in the review and approval process.
For all applications, the following information shall be required
1. Names and addresses of the record owners, the applicant, and the person
preparing the application, and the signatures of each. Statement of ownership or
control of the property, executed and sworn to by the owner or owners of one
hundred percent (100%) of the property described in the application, or by tenant
or tenants, with owner's written sworn -to -consent, or by duly authorized agents,
evidenced by a written power of attorney if the agent is not a member of the
Florida Bar.
2. Evidence of authority by the record owners for submission of the application, and
identification of the applicant's relationship to the owner if the applicant is not the record owner.
3. Legal description and a certified land survey of the proposed site boundaries.
The survey shall be performed in accordance with Florida Administrative Code, prepared by a
State of Florida registered land surveyor within twelve (12) months from the date of the
application, including acreage. and dated within one year proceeding the filing date of the
application, providing such survey reflects all current conditions of the subject property. The
land survey shall be reviewed by the Department of Public Works and baseline information shall
be provided by the Department to the applicant prior to review of the preapplication package at
the preapplication meeting.
4. Any information required for notice of a hearing or administrative decision
pursuant to this Miami 21 Code.
5. Proof of any pending code enforcement action or municipal liens on the property.
6. Payment of required fees and charges.
7. Phased project. A phased project is one which, due to its magnitude, has to be
project shall establish the maximum development capacity for the subject property. At the time
of qualification by the Planning Director and Zoning Administrator, the project shall be owned by
single entit„ „r subsidiaries „f one (1) entity and may occupy contiguous lands, separated only
Administrator at the written req- lost of the property owner
h The Zoninr Adminis��rthe Planning Direct ppropriato shall make a
per` rrrrrg��-c�r�-�rTrz �� ,
determination as to the completene-s of the preapplication package prior to its further review.
c. When any combination of a Warrant, Waiver or Exception is requested for a particular
project, one application for the higher nking perlt shall be sufficient for review and lower
ranking approvals need not be applied for separately. Although only one application is required
to be filed, the project must meet the criteria for all the approvals requested. Applications shall
be ranked as follows: Waivers, Warrants, and Exceptions. Special Area Plans, Variances, and
amcndmcnts to the Miami 21 Codc shall always rcquire separate applications and approvals.
City of Miami Page 3 of 5 File ID: 9313 (Revision:) Printed on: 5/29/2025
File ID: 9313 Enactment Number:
stayed pending the approval of the last permit requiring public hearing. Additional items required
through the Checklist of items document that need to be provided through the electronic plans
review system (or successor system).
8. PZ Projects which are found to have no Review Activity within 180 days will be
considered abandoned and eligible for termination on the 181 st day.
9. Phased project. A phased project is one which, due to its magnitude, has to be
developed in stages. Such project shall contain a minimum of three (3) acres of land. Any such
project shall establish the maximum development capacity for the subject property. At the time
of qualification by the Planning Director and Zoning Administrator, the project shall be owned by
a single entity or subsidiaries of one (1) entity and may occupy contiguous lands, separated only
by streets or alleys, and will be considered as one (1) project for the purpose of calculating all
zoning requirements. A phased project must be qualified by the Planning Director and Zoning
Administrator, at the written request of the property owner.
b. The Zoning Administrator, or the Planning Director, as appropriate, shall make a
determination as to the completeness of the application package prior to its further review.
c. When any combination of a Warrant, Waiver or Exception is requested for a particular
project, one application for the highest-ranking permit shall be sufficient for review, and lower
ranking approvals need not be applied for separately. Although only one application is required
to be filed, the project must meet the criteria for all the approvals requested. Applications shall
be ranked in the following order from highest-ranking to lowest -ranking: Exceptions, Warrants,
Waivers. Special Area Plans, Variances, and amendments to the Miami 21 Code shall always
require separate applications and approvals. The approval of any administrative permit shall be
contingent on the approval of all permits requiring public hearing, and the appeal period for any
required administrative approval shall be stayed pending the approval of the last permit
requiring public hearing.
*
*
ARTICLE 7.1.3.8 Resubmission and Withdrawal of PZ Project Applications Requiring
Public Hearing
*
*
*
a. Whenever a+� a PZ Project application requiring public hearing has been denied,
the city shall not thereafter consider the same application for any part or all of the same property
for a period of eighteen (18) months from the date of the denial.
b. Whenever an applicant has voluntarily withdrawn a+� a PZ Project application
requiring public hearing after the application has been scheduled for a public hearing, the city
shall not thereafter consider the same application for the same property for eighteen (18)
months from the date of the withdrawal.
c. The time limits set by paragraphs a. and b. above may be waived by a vote of not
less than three (3) members of the decision making body when such action is deemed
necessary to prevent injustice or to facilitate development of the city in the context of the
adopted Comprehensive Plan, or portion thereof.
City of Miami Page 4 of 5 File ID: 9313 (Revision:) Printed on: 5/29/2025
File ID: 9313 Enactment Number:
d. If an application is on file for more than six (6) months without activity by the
applicant, it shall be deemed withdrawn.
d. Hearing Boards Checklist Items shall all be provided to Hearing Boards through the
electronic plans review system (or successor system) no later than 10 days from the PZ Project
Batch Stamp date. PZ Projects which are found to be missing, incomplete, or deficient
documents shall have 120 days from Batch Stamp to correct any issues. If an application for
any PZ Project fails to provide all Hearing Boards Checklist Items within 120 days after Batch
Stamp, it shall be deemed terminated and closed on the 121 st day.
e. The Zoning Administrator may extend the time limit set by paragraph d. above,
one time only, by 15 days on a case -by -case basis.
f. If an application for any PZ Project does not have Hearing Activity After Batch
Stamp, it shall be deemed withdrawn.
Q. The time limits set by paragraph d. above shall be tolled during a state of local
emergency, as indicated either by the City Manager or 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 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 upon adoption by the City
Commission3.
APPROVED AS TO FORM AND CORRECTNESS:
3 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.
City of Miami Page 5 of 5 File ID: 9313 (Revision:) Printed on: 5/29/2025