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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance File Number: 9363 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 7, TITLED "PROCEDURES AND NONCONFORMITIES" TO HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND ZONING MATTERS TO THE LANGUAGE FOUND IN CHAPTER 62-19 "PUBLIC NOTICE -GENERALLY" AND SECTION 62-20 TITLED "SAME -TYPES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; 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 Ordinance 13114, the Zoning Ordinance of the City ("Miami 21 Code"); and WHEREAS, the City wishes to ensure that notification requirements for planning and zoning matters are located easily in one place and are clear; WHEREAS, the City wishes to ensure that property owners and the public are provides increased awareness and access to the public hearing process; 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 recommends approval to the City Commission of 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; NOW, THEREFORE, BE IT ORDAINED 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 if fully set forth in this Section. City of Miami File ID: 9363 (Revision:) Printed On: 5/29/2025 Section 2. Article 7 of the Miami 21 Code is further amended by making modifications in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.2.6 Exception c. Decision by the Planning, Zoning and Appeals Board. 1. Notice and hearing. The City shall notify all owners of property within five hundred (500) feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62-19 and Chapter 62-20 of the Code of the City of Miami, as amended. 7.1.2.7 Variance * e. Review by the Planning, Zoning and Appeals Board. 1. Notice. 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. City of Miami File ID: 9363 (Revision:) Printed On: 5/29/2025 A quasi judicial hearing shall be conducted by the Planning, Zoning and Appeals Board on the Variance application. Formal public notice of hearing by the Planning, Zoning and Appeals Board of the application shall be issued. The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be ccnt. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and official representatives of such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62-19 and Chapter 62-20 of the Code of the City of Miami, as amended. e. Review by the Planning, Zoning, and Appeals Board. 1. Notice. Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a codc amcndmcnt shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing case of condominiums within the notification area, only one notice, by certified mail, to the condominium a-sociation shall be sent. For the purpose of this requirement, the names and addre-e,cs of property owncrs shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET officc that is applicable to applicant property and shall notify the NET office and the official representatives of such registered a-sociations, by certified mail, of the rezoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. City of Miami File ID: 9363 (Revision:) Printed On: 5/29/2025 The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. Public hearing notification for an application shall be provided pursuant to Chapter 62-19 and Chapter 62-20 of the Code of the City of Miami, as amended. g. City Commission action on Planning, Zoning, and Appeals Board recommendations. 1. Notice and hearings. Upon receipt of the findings and recommendations regarding code amendments by the Planning, Zoning and Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed code amendments. Notice shall be given as follows: The City shall notify all owners of property within five hundred 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be scnt. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations in the designated area applicable to the subject property and shall notify the the official representatives of such registered associations, by certified mail, of the rezoning application. Neighborhood and homeowner a-sociations who wish to receive such notice must register on an annual basis at the City Managcr's Office, or its designated City Department. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addre-ses shown on the certification. The applicant shall pay for the costs of the mailings. required as provided in Chapter 62 of the City Code and by state statute. Public hearing notification for an application shall be provided pursuant to Chapter 62-19 and Chapter 62-20 of the Code of the City of Miami, as amended." 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 City of Miami File ID: 9363 (Revision:) Printed On: 5/29/2025 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: 9363 (Revision:) Printed On: 5/29/2025