HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16787
Date: 10/11/2024
Commission Meeting Date: 12/12/2024
Type: Ordinance
Subject: Amend Code - Chapter 62 -
Notification Reform (Noticing)
Requesting Department: Department of
Planning
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
Amends Chapter 62 of City Code to allow mail notices to be regular mail.
BACKGROUND INFORMATION:
The purpose of this legislation is to update mail notifications and schedule of fees for
Planning and Zoning items based on best practices. The Planning Department used
Jacksonville, Miami — Dade County, Orlando, and Tampa, Florida as well as Boston,
Massachusetts and Atlanta, Georgia as comparable cities in researching mail
notifications, schedule of fees and appeal fees. Based on the analysis of existing Miami
Code of Ordinances, Miami 21, and the Code of Ordinances and practices found in
comparable cities the Planning Department recommends the following updates to
Chapter 62 and Miami 21:
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT an Expenditure
Item is NOT funded by Bonds
Reviewed B
City Commission Teri Samuels
Department of Planning and Zoning David Snow
Office of Management and Budget Fred Pericles
Office of Management and Budget Marie Gouin
City Manager's Office Asael Marrero
City Manager's Office Natasha Colebrook -Williams
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Office of the City Attorney Amber Ketterer
Office of the City Attorney George K. Wysong III
City Commission Todd B. Hannon
City Commission Maricarmen Lopez
Office of the Mayor Mayor's Office
Office of the City Clerk City Clerk's Office
Office of the City Clerk City Clerk's Office
Legislative Division Valentin J Alvarez
Office of the City Attorney Amber Ketterer
Office of the City Attorney George K. Wysong III
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Assistance City Manager
Deputy City Manager
City Manager
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
Legislative Division Review
ACA Review
Approved Form and Correctness
Completed
Completed
Completed
10/24/2024 9:00 AM
11/04/2024 1:21 PM
11/04/2024 1:57 PM
11/04/2024 4:47 PM
11/05/2024 7:41 AM
11/05/2024 10:56 AM
11/06/2024 8:37 AM
11/06/2024 9:38 AM
11/12/2024 6:57 PM
11/12/2024 7:43 PM
11/21/2024 9:00 AM
12/12/2024 9:00 AM
12/20/2024 2:01 PM
12/20/2024 2:21 PM
12/23/2024 10:42 AM
01/09/2025 12:28 PM
01/15/2025 10:37 AM
01/16/2025 6:35 PM
City of Miami File ID: 16787 (Revision: A) Printed On: 8/11/2025
City of Miami
Legislation
Ordinance
Enactment Number:14339
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16787 Final Action Date: 12/12/2024
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 "PLANNING AND
ZONING/NOTICE GENERALLY," MORE PARTICULARLY BY AMENDING
SECTION 62-20 OF THE CITY CODE, TITLED "SAME - TYPES," TO
PROVIDE FOR CLARIFICATION REGARDING REQUIRED MAIL 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 notification processes relating to planning and zoning permits provided for in Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 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
October 16, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-
068 by a vote of ten to zero (10-0), Item No. PZAB.8, recommending approval of the Miami 21
Code text amendment with a recommended modification to maintain the notice to property
owners at a 500 feet radius, rather than 300 feet, and with the recommendation to allocate
resources to create a GIS map that shows pending applications; and
WHEREAS, consideration was given to the goals, objectives, and policies of the Miami
Comprehensive Neighborhood Plan ("MCNP), the Miami 21 Code, and all other City regulations;
and
WHEREAS, consideration was given to the need and justification for the proposed
amendment, including changed or changing conditions that make the passage of the proposed
change necessary;
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:1
"CHAPTER 62
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: 16787 (Revision: A) Printed On: 8/11/2025
PLANNING AND ZONING
ARTICLE IV. - NOTICE GENERALLY
* * *
Sec. 62-20. - Same —Types.
*
3) Mail notice. Mail 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 area of the city. If required, notice 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,
property or his/her designated agent or attorney, if any. The applicant shall be charged the
appropriate fee for the mailing.
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 the case may
be.
b. Mail notice communicating 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 mailed at least ten (10) days in advance of the hearing 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 persons and organizations registered with the City Manager's
Office, or the designated department, as regularly updated. Appeals
shall be exempt; and
4) all owners of property within 300 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. Appeals
shall be exempt.
For the purpose of the requirement for mail notice to the property owners
within 300 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. City of Miami staff shall affirm that mail notice was given
to the persons required under this section. The affirmation shall be conclusive
of the giving of the mail notice.
City of Miami File ID: 16787 (Revision: A) Printed On: 8/11/2025
No action taken by the Planning, Zoning and Appeals Board, or the City
Commission, as the case may be, shall be voided by the failure of an
individual property owner to receive such notice.
c. 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 five percent (5%) of the City.
d. The applicant, or appellant as applicable, shall be charged the appropriate fee
for the mailing for public hearing applications and appeals, as per the fee
schedule adopted by the City Commission.
e. While the City will make an effort to provide, Mail notice shall not be required
during a declared local state of emergency, unless otherwise required by state
law.
(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 area of the city. If required, notice 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,
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
The director of the planning and zoning department, 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 addrcsscs 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 a-sociation. No action taken by the planning, zoning and appeals
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.
(5) Additional and optional notice. The planning, zoning and appeals board or city
applicant, if applicablc as may be dccmcd 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, as the case may be. Additional notice shall be charged to the applicant,
or the appellant, as applicable, as may be deemed proper for the circumstances involved for
the particular hearing, but such additional notice shall not be deemed as legally required.
Where such additional or 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
City of Miami File ID: 16787 (Revision: A) Printed On: 8/11/2025
any action taken by planning, zoning and appeals board, or the city commission, as the case
may be.
(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 Miami 21 Code, the
Planning Director, or the Zoning Administrator, as applicable, for special permits. An
applicant, or appellant as applicable, may be directed to provide mail notice to all abutting
property owners of the subject property, including across a street or alley, by mail. In the case
of condominiums, only one (1) 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. 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 relettered and that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 4. 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 5. This Ordinance shall become effective ten (10) days upon adoption by the
City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
ge WyjngIII, C y
1/12/2024 e - ge _ Wy ng III, C y
1/16/2025
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: 16787 (Revision: A) Printed On: 8/11/2025