Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance File Number: 9314 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOTICE GENERALLY", MORE PARTICULARLY BY AMENDING SECTION 62-19 OF THE CITY CODE, TITLED "PUBLIC NOTICE - GENERALLY", AND SECTION 62-20 OF THE CITY CODE, TITLED "SAME -TYPES", TO PROVIDE FOR CLARIFICATION REGARDING REQUIRED AND COURTESY NOTIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") wishes to clarify and make necessary updates to the notifications processes relating to planning and zoning permits provided for in the Code of the City of Miami, Florida, as amended ("the Code"); and, WHEREAS, the City wishes to ensure that notifications to property owners and to the public provide increased access to the public hearing process; 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 Code amendment as stated herein will further the goals, objectives, and policies of the City's regulations; and, WHEREAS, the City Commission has considered the need and justification for the proposed Code amendment, as stated herein, and approves the passage of this ordinance necessary; and, WHEREAS, the City Commission approves the proposed Code amendment, as stated herein, because it finds that it is in the best interest of the City and its residents to amend the Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Chapter 62/Article IV of the City Code is further amended in the following particulars': "CHAPTER 62 PLANNING AND ZONING 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. City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 ARTICLE IV. NOTICE GENERALLY Sec. 62-19. - Public notice —Generally. Where public notice is required, the type and the manner of public notice to be given shall be as set out in the zoning ordinance or section of the ordinance for the matter involved and as set out in section 62-20 and, when applicable, Section 166.041, Florida Statutes, as amended. Sec. 62-20. - Same —Types. The requirements for the types of public notice are as follows: (1) Newspaper publication. Publication of an advertisement in a newspaper is required for public hearing applications and appeals. a. Publication of public notice in a newspaper shall consist of publication in a print or digital newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter. Such publications shall be madc not less than ten days in advance of the public hearing. The applicant shall be charged the appropriatc fcc for the advcrtisement for the specific property seeking action by the planning, zoning and appeals board and the city commission. b. Publication of an advertisement shall be made not less than ten (10) days in advance of the public hearing. c. When the publication of public notice pertains to comprehensive plan update or portion thereof or plan amendment, the advertisement shall state the date, time and place of the meeting, the subject of the meeting, and the place or places within city boundaries where the proposed amendment may be inspected by the public. The advertisement shall also advise interested parties that they may appear at the meeting and be heard regarding the transmittal or adoption of the comprehensive plan update or portion thereof or plan amendment. G. d. Except for the pPlanning, zZoning and aAppeals 1Board hearings, if the proposed comprehensive plan update or portion thereof or plan amendment changes the existing permitted land uses or changes land -use categories, the required advertisements shall be no less than one -quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper pursuant to this section. 4. e. The advertisement shall be in substantially the following form: NOTICE OF CHANGE OF LAND USE The City of Miami purpocco proposes to change the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on (date and time) at (meeting place)..." e.f. The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. (2) Posting. Posting of signs is not required when the city, or its designee, initiates (a) a comprehensive plan or zoning ordinance encompassing the entire city or (b) a comprehensive City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 plan amendment, change of plan designation, zoning ordinance amendment or change of zoning classification of private property which deals with more than five percent of the total land ar of the city for public hearing applications and appeals. a. Where posting of a property is required, it shall be done at least ten days in advance of the hearing and shall consist of a sign to be posted on the land which shall measure at least three square feet in area, shall be of a color distinguishable from the surrounding landscape, and shall contain substantially the following language: "A PUBLIC HEARING CONCERNING THE OF THIS PROPERTY FROM TO WILL BE HELD BY THE (CITY COMMISSION, THE PLANNING, ZONING AND APPEALS BOARD, OR THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD) OF THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION." Of "A PUBLIC HEARING INVOLVING A VARIANCE ON THIS PROPERTY TO (short statement of nature of variance requested) WILL BE HELD BY THE (CITY COMMISSION OR THE PLANNING, ZONING AND APPEALS BOARD) OF THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION." or "A PUBLIC HEARING INVOLVING THE APPEAL OF A ON THIS PROPERTY FOR THE PURPOSE OF (short statement of nature of request) WILL BE HELD BY THE (CITY COMMISSION OR THE PLANNING, ZONING AND APPEALS BOARD) THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION." b. The sign shall be erected in full view of the public on each street side of such land. Where large parcels of property are involved with street frontages extending over considerable inform the public. c. It shall be a misdemeanor in the second degree, punishable pursuant to F.S. § 775.082 and 775.083 for any unauthorized person to tamper with or remove the signs posted pursuant to this section. a. Applications. 1) Posting of a public hearing sign for an application shall consist of a sign erected in full view on the property for the application to be considered at the public hearing. Where parcels of property are involved, signs shall be erected at a minimum of one per one hundred feet of Frontage. 2) Posting of sign(s) on the property(ies) shall be done at least ten days in advance of the hearing by the applicant or their authorized representative. Applicants shall notify the City that posting(s) were completed by submitting into the record at the start of their hearing an affidavit and photographs that demonstrate postings were completed in accordance with this section. The affidavit and pictures shall be conclusive of having the public hearing posted on the property. 3) The artwork, design, dimension, and information to be shown on the signs posted on properties by applicants shall be approved by the City Manager, or his/her authorized designee, at least ever three ears. City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 4) The City shall provide a list of at least three (3) vendors from which applicants may choose to use. 5) Property postings shall not be required when the City, or its designee, initiates (1) a comprehensive plan amendment or zoning ordinance encompassing the entire city, or (2) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment, or change of zoning classification of private property which deals with more than 10 parcels. 6) It shall be a misdemeanor in the second degree, punishable pursuant to F.S. §§ 775.082 and 775.083 for any unauthorized person to tamper with or remove the signs posted pursuant to this section. 7) Property posting(s) shall not be required during a declared state of local emergency. b. Appeals. 11 Posting of a public hearing sign for an appeal shall consist of a sign erected in full view on the property for the appeal to be considered at the public hearing. Where parcels of property are involved, signs shall be erected at a minimum of one per one hundred feet of Frontage. Z1 Posting of sign(s) on the property(ies) for appeals shall be done at least ten days in advance of the hearing by the City of Miami. The City shall provide an affidavit and photographs that demonstrate postings were completed in accordance with this section. The affidavit and pictures shall be conclusive of having the public hearing posted on the property. The artwork, design, dimension, and information to be shown on the signs posted on properties for appeals shall be approved by the City Manager, or his/her authorized designee, at least every three years. 4 It shall be a misdemeanor in the second degree, punishable pursuant to F.S. §§ 775.082 and 775.083 for any unauthorized person to tamper with or remove the signs posted pursuant to this section. Property posting(s) shall not be required during a declared state of local emergency. (3) Mail notice. Mail notice is not required when the city, or its designee, initiates (a) a comprehensive plan, or zoning ordinance encompa-sing the entire city or (b) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment or change of zoning classification of private property which deals with more than five percent of the total land ar a of the city. If rcquircd, noticc of the date, time and place of the public hearing by the planning, zoning and appeals board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to the owner of the subject property or his/her designated agent or attorney, if any. The applicant shall be charged the appropriate fee for the mailing for public hearing applications and appeals. a. Mail notice is required for all public hearing items to be considered by the Planning, Zoning and Appeals Board or the City Commission, as applicable. b. Mail notice, provided by the City of Miami, shall communicate the date, time, and place of the public hearing by the Planning, Zoning and Appeals Board or City Commission, as City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 applicable, describe the application to be reviewed, and be given at least ten (10) days in advance of the hearing through United States Postal Service regular mail to: 11 the owner(s) of the subject property or his/her designated agent or attorney, if any; Z1 the appellant, if the hearing is an appeal; the Department of the City to which the City Manager has assigned, or designated, the responsibility for maintaining the registered list of homeowners and organizations; 4 all owners of property within 500 feet of the property lines of the land for which the hearing is being held. In the case of condominiums, only one notice will be sent to the condominium association. For the purpose of the requirement for mail notice to the property owners within 500 feet of the property lines of the land for which the hearing is being held, the names and addresses of the property owners shall be deemed those appearing on the latest tax rolls listed with the Miami -Dade County Tax Collector at the time the application is accepted, as shown on the City of Miami's Planning Department's Zoning Interactive Mapping Tool ("GIS") or its succeeding software. The City shall provide an affidavit that mail notice was given to the persons required under this section. The affidavit shall be conclusive of the giving of the mail notice. c. Mail notice for applications for whom Second Reading is requested to be held within fourteen (14) days from First Reading, must first be approved by the City Commission and shall be provided by the Applicant. These notices shall communicate the date, time, and place of the public hearing by the City Commission, describe the application to be reviewed, and be given at least ten (10) days in advance of the hearing through United States Postal Service regular mail to: 1) the owner(s) of the subject property or his/her designated agent or attorney, if any; 2) the appellant, if the hearing is an appeal; 3) the Department of the City to which the City Manager has assigned, or designated, the responsibility for maintaining the registered list of homeowners and organizations; 4) all owners of property within 500 feet of the property lines of the land for which the hearing is being held. In the case of condominiums, only one notice will be sent to the condominium association. For the purpose of the requirement for mail notice to the property owners within 500 feet of the property lines of the land for which the hearing is being held, the names and addresses of the property owners shall be deemed those appearing on the latest tax rolls listed with the Miami -Dade County Tax Collector at the time the application is accepted, as shown on the City of Miami's Planning Department's Zoning Interactive Mapping Tool ("GIS") or its succeeding software. The applicant shall notify the City that mail notices were completed by submitting into the record at the start of their hearing an affidavit indicating to whom mail notices were provided to in accordance with this section. The affidavit shall be conclusive of the ivin of the mail notice. City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 d. No action taken by the City Commission shall be voided by the failure of an individual property owner to receive such notice. e. Mail notice shall not be required when the City, or its designee, initiates (1) a comprehensive plan amendment or zoning ordinance encompassing the entire city, or (2) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment, or change of zoning classification of private property which deals with more than nine (9) acres of property. f. The artwork, design, dimension, and information to be shown on the signs posted on properties for appeals shall be approved by the City Manager, or his/her authorized designee, at least every three years. g_ Mail notice shall not be required during a declared state of local emergency. (4) Courtesy notice. Courtesy notice is not required when the city, or its designee, initiates (a) a comprehensive plan, or zoning ordinance encompassing the entire city or (b) a comprehensive plan amendment, change of plan designation, zoning ordinance amendment or change of zoning classification of private property which deals with more than five percent of the total land ar of the city. If rcquircd, notice of the date, time and place of the public hearing by the planning, zoning and app Is board, or cit„ commissio as t `+ace a„ be shall be sent at least ten days in advance of the hearing by mail to all owners within 500 feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee for the mailing. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls listed with the Miami Dade County Tax Collector at the time the application is accepted. The director of the planning and zoning dcpartmcnt, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on the certification by the placing in the mail system of the United States on the date certified as shown on the courtesy notice; the certification shall be conclusive of the giving of courtesy notice; in the case of condominiums, only one notice will be sent to the condominium association. No action shall be voided by the failure of an individual property owner to receive such courtesy notice. Electronic notifications. Electronic notifications shall be provided as a courtesy. a. Courtesy notice shall mean any electronic method of communication through a digital platform implemented or procured by the City to provide notice. b. The platform through which electronic notifications will be provided will be approved by the City Manager, or his/her authorized designee, and the Procurement department where applicable. Additional and optional notice. The planning, zoning and appeals board or city applicant, if applicablc as may be dccmed proper for the circumstances involved for the particular hearing, but such additional notice shall not be deemed as legally required. Additional notifications may be required by either the Planning, Zoning and Appeals Board or the City Commission. Additional notice shall be charged to the applicant or the appellant, as applicable, but such additional notice shall not be deemed as legally required. Where such additional OF optional notice is given, failure of an individual property owner or groups of property owners or residents to receive or be aware of such notice shall not void any action taken by }Planning, zZoning and aAppeals I4Board, or the ECity ECommission, as the case may be. City of Miami File ID: 9314 (Revision:) Printed On: 5/29/2025 (6) Administrative notice. In the case of special permits, the director of the planning and zoning department may direct the applicant to send an informational notice to all immediately adjacent property owners, Administrative notice may be required by the Planning Director or the Zoning Administrator, as applicable, for special permits. An applicant may be directed to provide mail notice to all property owners within 250 feet of the of the property lines of the land for which the hearing is being held, including across a street or alley, by certified mail with return receipt required. In the case of condominiums, only one notice will be sent to the condominium association. Issuance of a special permit will not be precluded by reason of the failure of an adjacent property owner to receive an administrative notice." 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 Commission.2 APPROVED AS TO FORM AND CORRECTNESS: 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 File ID: 9314 (Revision:) Printed On: 5/29/2025